HomeMy WebLinkAboutCity Council Committees - Land Use and Planning Board - 07/25/2016 (2)For documents pertaining to the Land Use and Planning Board, access the City’s website at:
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5454.
ECONOMIC and COMMUNITY DEVELOPMENT
Ben Wolters, Director
Phone: 253-856-5454
Fax: 253-856-6454
220 Fourth Avenue South
Kent, WA 98032-5895
PUBLIC HEARING AND WORKSHOP
AGENDA
LAND USE AND PLANNING BOARD
JULY 25, 2016
7:00 P.M.
LUPB MEMBERS: Frank Cornelius, Chair; Katherine Jones, Vice Chair; Jack Ottini, Barbara
Phillips, Randall Smith
CITY STAFF: Charlene Anderson, AICP, Long Range Planning Manager; Shawn Gilbertson,
Environmental Engineering Supervisor; Hayley Bonsteel, Long Range Planner/GIS
Coordinator; David Galazin, Assistant City Attorney.
This is to notify you that the Land Use and Planning Board will hold a Public Hearing
followed by a Workshop on MONDAY, JULY 25, 2016 at 7:00 p.m. These meetings will
be held in Kent City Hall, City Council Chambers, 220 Fourth Avenue S, Kent, WA. The
public is invited to attend and all interested persons will have an opportunity to speak at the
Hearing. Any person wishing to submit oral or written comments on the proposed
amendments may do so at the hearing or prior to the hearing by email to Charlene Anderson
at: canderson@kentwa.gov or Shawn Gilbertson at: sgilbertson@kentwa.gov. No public
testimony is taken at the Workshop, although the public is welcome to attend.
The agenda will include the following item(s):
1. Call to order
2. Roll call
3. Approval of the June 27, 2016 Minutes
4. Added Items
5. Communications
6. Notice of Upcoming Meetings
7. PUBLIC HEARING:
OUTDOOR STORAGE CODE AMENDMENT [ZCA-2016-8] Charlene Anderson
This is a public hearing to consider a proposed amendment to Kent City Code (KCC)
15.02.315 to clarify that outdoor storage and outside storage have the same meaning
and code application.
SANITARY SEWER (FOG) CODE AMENDMENT [ZCA-2016-7] Shawn Gilbertson
This is a public hearing to consider proposed amendments to Kent City Code (KCC)
Chapter 7.04 to update the sanitary sewer code and to provide clarification for when
fats, oils, and grease (FOG) control efforts are required.
8. WORKSHOP:
MULTIFAMILY & MIXED USE DESIGN GUIDELINES [ZCA-2016-9] Hayley Bonsteel
Introduction to Multifamily/Mixed Use Design Guidelines update project and discussion
of objectives, issues, implications and direction.
LAND USE AND PLANNING BOARD
MINUTES
JUNE 27, 2016
1. Call to Order
Chair Cornelius called the meeting to order at 7:00 pm
2. Roll Call
• LUPB Members: Frank Cornelius Chair; Katherine Jones Vice Chair; Jack
Ottini, Barbara Phillips and Randall Smith were in attendance.
• City Staff: Charlene Anderson, AICP, Long Range Planning Manager; Jason
Garnham, Planner; and David Galazin, Assistant City Attorney were in
attendance.
3. Approval of Minutes
Board Member Jones MOVED and Board Member Smith SECONDED a
Motion to Approve the Minutes of June 13, 2016. MOTION PASSED 4-0.
4. Added Items
None
5. Communications
None
6. Notice of Upcoming Meetings
None
7. Public Hearing
TREE PRESERVATION ORDINANCE [ZCA-2016-6]
Cornelius stated that the purpose for tonight’s meeting is to consider the tree
preservation ordinance; that amends Title 15 of Kent City Code to modify the
requirements for planting and retention of trees during residential development.
Garnham presented staff’s proposal to amend Kent City Code Section 15.08.240,
Preservation of Trees. Garnham stated that options were presented at a Land Use and
Planning Board (LUPB) workshop in April 2015 for updating tree requirements. After
the Board members selected an option, a draft of the current proposal was discussed
at the May 9,, 2016 LUPB workshop. The proposal was reviewed under SEPA and a
Determination of Nonsignificance was issued June 17, 2016. Expedited review was
granted by the State Department of Commerce on May 23rd.
Trees perform a number of vital ecological functions and add esthetic value to
development in urban areas. Revising development regulations to encourage
preserving and planting trees supports several city council and comprehensive plan
goals. The city has some affective and well established regulations that protect trees
in critical areas and provide for them in various types of development.
Critical areas regulations protect trees and other vegetation in wetlands, shorelines,
stream banks, steep slopes, and other fragile areas. Landscaping requirements for
projects in commercial, industrial and multifamily districts have proven to be
successful in providing tree coverage suitable to these types of development.
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Land Use & Planning Board Minutes
June 27, 2016
Page 2 of 3
Staff’s experience has shown that the city’s current tree requirements are not
achieving the intended results to improve the function and value of residential
neighborhoods, specifically in single family residential neighborhood developments.
Current code (adopted in 2007) requires preservation of a minimum of 15% of the
diameter inches of existing trees that are greater than 6 inches in diameter. Some
problems encountered with this approach are that it is inflexible. The configuration of
lots and roads is often prescribed by other codes such as fire and engineering codes;
and may conflict with the location of current stands of trees. The code is inconsistent
and only applies to lots that have trees. With what is more often becoming infill
development on previously developed lots, the city is missing the opportunity to have
trees that were compatible with that development provided for.
Staff is finding when trees that are incompatible with development, are required to be
saved, they are often eventually removed by city residents because they are
unattractive or have the potential to represent a hazard.
Staff proposes to adopt a tree credit density system borrowed from the City of
Kirkland that staff hopes will provide consistency and flexibility while achieving better
results. With extensive input from city staff and stakeholders, staff fine-tuned a point
system that targets the retention or planting of two or three trees per residential lot in
a typical single family neighborhood.
Developers may use existing trees and new plantings to meet the requirement and
may discount unbuildable areas such as roads and wetlands from their calculation.
Placement of trees in areas best suited for adding value for development, such as
yards and street edges are prioritized in the code.
Newly planted saplings may not immediately provide the desired esthetic, value or
ecological function intended, though experience has shown trees planted in suitable
locations are more likely to be valued by residents and retained to grow to maturity,
thus performing the many vital functions and improved quality of life for residents.
Staff used the South Ridge neighborhood for guidance. The developer in the process
of constructing roads other improvements removed trees required for retention. As a
result, a tree planting plan was developed to replace what was supposed to be there.
Staff found that the result of the plan was primarily the esthetic and ecological
function they wanted to achieve with shading and visual quality of the neighborhood.
This ordinance intends to codify what developers of high quality residential
neighborhoods are already doing and to achieve the city’s goals while simultaneously
increasing flexibility for infill development.
Garnham admitted an email letter for the record (defined as Exhibit A) from David
Hoffman, Master Builders Association, containing proposed changes and edits to the
draft amendment. Staff reviewed the letter and believes the code as it is currently
proposed addresses most of the comments. Garnham proposed adding the word ‘of’
to Section D.1 of the draft code, where it reads “tree density credits may be achieved
by preservation of existing trees…”
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Land Use & Planning Board Minutes
June 27, 2016
Page 3 of 3
Board Member Jones MOVED and Board Member Smith Seconded a Motion to
enter the comment letter from David Hoffman into the record. Motion Passed
4-0.
Concluding deliberations, Chair Cornelius opened the Public Hearing.
David Hoffman, Master Builders Association, 335 116 Ave SE Bellevue, WA stated that
over the last few weeks staff has discussed various aspects of the draft ordinance. He
stated that the feedback he has received from builders are the comments in Exhibit A.
Staff has addressed many of MBA’s concerns. The MBA would like opportunity to test
run this ordinance through an actual plat and see what the outcome would be; then
discussion could continue through the Board or before City Council. Hoffman stated
that it has been his pleasure to work with the city of Kent; expressing that he worked
with the city of Sammamish on their new tree ordinance adopted October 2015;
although all plats being developed today are vested to the old ordinance so the new
ordinance does not apply.
Seeing no further speakers, Chair Cornelius closed the Public Hearing and called for a
motion.
Board Member Jones MOVED and Board Member Ottini SECONDED a Motion
to recommend to the City Council approval of the proposed code
amendments to Title 15 of the Kent City Code including amendments to
use tables and development conditions in KCC 15.04 as presented by
staff. Motion Passed Unanimously 4-0.
Adjournment
Chair Cornelius adjourned the meeting at 7:20 p.m.
_____________________________________________
Charlene Anderson, AICP, Long Range Planning Manager,
LUPB Board Secretary
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ECONOMIC & COMMUNITY DEVELOPMENT
Ben Wolters, Director
Phone: 253-856-5454
Fax: 253-856-6454
220 Fourth Avenue S.
Kent, WA 98032-5895
July 18, 2016
TO: Chair Frank Cornelius and Land Use & Planning Board Members
FROM: Charlene Anderson, AICP, Long Range Planning Manager
RE: Outdoor Storage Code Amendment [ZCA-2016-8]
For July 25, 2016 Hearing
SUMMARY: Multiple sections of the Kent City Code refer to “outdoor storage,” but
that term is not defined in the code. Although we have a definition for the term
“outside storage,” it has been problematic for code enforcement actions that refer
to code sections that refer to “outdoor storage.” Without a definition, the city
attorney has nothing to present to the jury or hearing examiner as to what it
means, what it applies to, and when it differs from a public nuisance under KCC
8.01.030 or littering under KCC 8.04.100.
The Economic and Community Development Department treats outside storage and
outdoor storage the same, so adding the term “Outdoor or” to the current definition
contained in 15.02.315 KCC would easily solve the current issue of not having the
definition in the code.
BACKGROUND: On October 20, 2015, the City Council approved the Annual
Docket Report, which placed in the 2016 work program for Planning Services a
request to coordinate definitions of outdoor and outside storage. The proposed code
amendment will clarify that outdoor storage and outside storage have the same
meaning and code applications. In practice, planning staff administers the code
requirements pertaining to outdoor storage and outside storage in an identical
manner. This proposed amendment is more procedural in nature and exempt from
additional environmental review.
RECOMMENDATION: Staff recommends approval of the amendment.
CA:pm S:\Permit\Plan\ZONING_CODE_AMENDMENTS\2016\ZCA-2016-8 Outdoor Storage\072516_LUPB_Hearing_memo Outdoor Storage.doc
Encl: Draft Ordinance
CC: Ben Wolters, Economic & Community Development Director
Matt Gilbert, AICP, Current Planning Manager
MOTION: Recommend to the City Council approval/denial/modification of an
amendment to section 15.02.315 of the Kent City Code, entitled “Outside
storage,” to include the term “Outdoor or” to provide clarity that outdoor storage
and outside storage have the same meaning.
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1 Amend KCC 15.02.315 -
Re: Outdoor or Outside Storage
ORDINANCE NO.
AN ORDINANCE of the City Council of the
City of Kent, Washington, amending section
15.02.315 of the Kent City Code, entitled “Outside
storage,” to include the term “Outdoor or” to
provide clarity that outdoor storage and outside
storage have the same meaning.
RECITALS
A. Zoning districts throughout the City have varying purposes
and characteristics with allowable uses and development standards
established to achieve the desired characteristics.
B. Without appropriate development standards, storage of
equipment, materials or products in an open, uncovered yard or unwalled
building may negatively impact the appearance and value of properties in
the area where the storage is located.
C. The terms outside storage and outdoor storage are used
interchangeably in application of the zoning code provisions. However,
there is a definition only for outside storage and staff desires to clarify the
terms.
D. At the June 27, 2016 workshop meeting, the Land Use and
Planning Board (“LUPB”) authorized staff to move forward with a code
amendment clarifying the terms outside and outdoor storage.
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2 Amend KCC 15.02.315 -
Re: Outdoor or Outside Storage
E. The City determined that due to the administrative or
procedural nature of this amendment, neither notification to the State nor
State Environmental Policy Act review is required.
F. After holding a public hearing on July 25, 2016, the LUPB
recommended approval of the ordinance amending Chapter 15.02 of Kent
City Code. The Economic and Community Development Committee, at its
regularly-scheduled meeting on August 8, 2016, moved to accept the LUPB
recommendation and forward the matter for consideration by the full City
Council.
G. The City Council, at its regularly-scheduled meeting on August
16, 2016, adopted the ordinance as presented by staff.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
ORDINANCE
SECTION 1. - Amendment. Section 15.02.315 of the Kent City
Code, entitled “Outdoor storage,” is hereby amended as follows:
Sec. 15.02.315 Outdoor or Outside storage.
Outdoor or Outside storage means all or part of a lot which is used for the
keeping of materials or products in an open, uncovered yard or in an
unwalled building. Such materials shall not be for general public
consumption or viewing. Such materials shall include tractors, backhoes,
heavy equipment, construction materials, and other similar items which
detract from the appearance of the zone in which they are located.
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3 Amend KCC 15.02.315 -
Re: Outdoor or Outside Storage
SECTION 2. – Severability. If any one or more section, subsection,
or sentence of this ordinance is held to be unconstitutional or invalid, such
decision shall not affect the validity of the remaining portion of this
ordinance and the same shall remain in full force and effect.
SECTION 3. – Corrections by City Clerk or Code Reviser. Upon
approval of the city attorney, the city clerk and the code reviser are
authorized to make necessary corrections to this ordinance, including the
correction of clerical errors; ordinance, section, or subsection numbering;
or references to other local, state, or federal laws, codes, rules, or
regulations.
SECTION 4. – Effective Date. This ordinance shall take effect and
be in force 30 days from and after its passage, as provided by law.
SUZETTE COOKE, MAYOR
ATTEST:
SUE HANSON, INTERIM CITY CLERK
APPROVED AS TO FORM:
TOM BRUBAKER, CITY ATTORNEY
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4 Amend KCC 15.02.315 -
Re: Outdoor or Outside Storage
PASSED: day of , 2016.
APPROVED: day of , 2016.
PUBLISHED: day of , 2016.
I hereby certify that this is a true copy of Ordinance No.
passed by the City Council of the City of Kent, Washington, and approved
by the Mayor of the City of Kent as hereon indicated.
(SEAL)
SUE HANSON, INTERIM CITY CLERK
P:\Civil\Ordinance\15.02.315 Outdoor Storage.docx
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ECONOMIC and COMMUNITY DEVELOPMENT
Ben Wolters, Director
Phone: 253-856-5454
Fax: 253-856-6454
220 Fourth Avenue S.
Kent, WA 98032-5895
July 18, 2016
TO: Chair Frank Cornelius and Land Use and Planning Board Members
FROM: Shawn Gilbertson, Public Works, Environmental Supervisor
RE: Sanitary Sewer Code Update - Kent City Code Chapter 7.04 [ZCA-2016-7]
For July 25, 2016 Hearing
MOTION: ‘Recommend to full City Council approval/denial/modification of
the Ordinance to repeal the current sanitary sewer code (Kent City Code
Chapter 7.04) and re-adopt an updated version’
SUMMARY: The City of Kent owns and operates a sanitary sewer system that
collects and conveys all domestic and commercial wastewater and sewage for
discharge to the King County Metro sewage treatment system. The current Kent
sanitary sewer code section (KCC 7.04) is in need of an update to keep pace with
state law and technological advances as well as to provide for a well-defined and
consistent enforcement mechanism. Staff seeks Board recommendation to Council
to approve an ordinance that repeals the current sanitary sewer code chapter and
re-adopts an updated chapter.
BACKGROUND: Kent’s sanitary sewer code is important for the safe and effective
operation of the sanitary sewer utility. The code defines when sanitary sewer
connections are required, what type of components and materials are required,
prohibited discharges, rate structure, and mechanisms for enforcement of the code.
It is important to prohibit the discharge of fats, oils, and grease (FOG) into the
city’s sanitary sewer system. Otherwise FOG can accumulate in the conveyance
lines and cause blockages and sewer backups, which can lead to property damage
and unsanitary conditions. Kent’s current sanitary sewer code is not as clear as it
could be regarding when FOG control is required and what types of devices are
required. The proposed new code language clearly defines what types of businesses
require FOG control and further defines the minimum level of control necessary.
The proposed new code includes enforcement provisions that allow for more
flexibility to tailor penalties to the particular circumstances of a violation. These
new enforcement provisions would also allow the City to recover costs incurred in
responding to violations, make it a violation not to reimburse the City for these
costs, and create criminal penalties for negligent or knowing violations of the City’s
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sewer code. Our preferred approach to administering the FOG provisions of the
sanitary sewer code is to educate FOG-generating businesses and work
cooperatively with them to achieve compliance. However, a sound code
enforcement strategy is important as well.
Lastly, this ordinance proposes many other minor edits of the sanitary sewer code
to account for technological advances in sewer pretreatment and to be consistent
with state and federal sewer and stormwater regulations. New and improved
definitions are among these proposed edits.
BUDGET IMPACT: None
RECOMMENDATION: We seek Board recommendation to Kent City Council to
approve the adoption of the proposed ordinance that repeals the current sanitary
sewer code chapter and re-adopts an updated chapter.
SG:pm S:\Permit\Plan\ZONING_CODE_AMENDMENTS\2016\ZCA-2016-7 Sanitary Sewer FOG\7-25-16 LUPB Hrg Memo KCC Sanitary Sewer Update
SMG.doc
Enc: Draft Amending Ordinance for KCC 7.04
cc: Ben Wolters, Economic & Community Development Director
Charlene Anderson, AICP, Planning Manager
Timothy J. LaPorte, P.E., Public Works Director
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Chapter 7.04 KCC Re: Sanitary Sewers—
Repeal Existing and Adopt New Chapter
ORDINANCE NO.
AN ORDINANCE of the City Council of the city
of Kent, Washington, repealing and readopting
Chapter 7.04 of the Kent City Code, entitled
“Sanitary Sewers” to establish and enhance
regulatory procedures, including the installation of
removal devices and the implementation of best
management practices to remove fats, oils, and
grease from wastewater, and to create additional
enforcement provisions allowing for more flexibility.
RECITALS
A. The city of Kent (“City”) has codified its regulations concerning
its sanitary sewer system in Chapter 7.04 of the Kent City Code (“KCC”). It
has been at least 20 years since many of these regulations have been
updated. Many of the regulations are outdated and do not adequately
address current needs.
B. This ordinance seeks to establish and enhance regulatory
procedures that will allow the City’s Sanitary Sewer System to operate
efficiently and aid in the City’s compliance with state and federal law,
including the National Pollutant Discharge Elimination System. Some of these
procedures include requiring that all existing and new facilities within the City
that generate and discharge fats, oils, and grease (“FOG”) into wastewater
install, operate, and maintain devices whose functions are to remove this
FOG before it is discharged into the City’s Sanitary Sewer System. These
removal devices are necessary to protect the health, safety, and welfare of
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Chapter 7.04 KCC Re: Sanitary Sewers—
Repeal Existing and Adopt New Chapter
the public from sewer overflows due to obstructions caused by FOG and other
prohibited materials from being discharged into the Sanitary Sewer System.
C. In addition, this ordinance creates additional enforcement
provisions that allow for more flexibility to tailor the penalty to the particular
circumstances of the violation. These new enforcement provisions allow the
City to recover its costs incurred in responding to violations, make it a
violation not to reimburse the City for these costs, and create criminal
penalties for negligent or knowing violations of the City’s sewer code.
D. The State Environmental Policy Act (SEPA) responsible official
has determined that the proposed Kent City Code amendments are
procedural in nature, and further SEPA analysis is not required for these local
code amendments. A draft version of this ordinance was submitted to the
Washington State Department of Commerce for expedited review on June 16,
2016. The ordinance was considered by the City Land Use and Planning
Board after a duly noticed public hearing on July 25, 2016. This ordinance
was also considered by the Economic and Community Development
Committee on July ___, 2016, which recommended Council adopt this
ordinance. Council has considered this ordinance, together with all public
comment, and has determined that adoption is appropriate.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
ORDINANCE
SECTION 1. – Repealer – Chapter 7.04 KCC. Chapter 7.04 of the Kent
City Code, entitled “Sanitary Sewer,” is repealed in its entirety.
SECTION 2. – Adoption – Chapter 7.04 KCC. Title 7 of the Kent City
Code, entitled “Utilities,” is amended to adopt a new Chapter 7.04, entitled
“Sanitary Sewers,” as follows:
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Chapter 7.04 KCC Re: Sanitary Sewers—
Repeal Existing and Adopt New Chapter
Chapter 7.04
SANITARY SEWERS
Sec. 7.04.010. Purpose. This chapter shall be deemed an exercise
of the police power of the city; is deemed expedient to maintain the peace,
good government, and welfare of the city and its trade, commerce, and
manufactures, and to ensure greater protection to life and health; and all of
its provisions shall be liberally construed for the accomplishment of such
purposes.
Sec. 7.04.020. Definitions. The following words, terms, and
phrases, when used in this chapter, shall have the meanings ascribed to them
in this section, except where the context clearly indicates a different
meaning:
A. Best Management Practices or BMP means schedules of activities,
prohibitions of practices, general good housekeeping practices, pollution
prevention and educational practices, maintenance procedures, and other
management practices to prevent or reduce the discharge of pollutants
directly or indirectly to the stormwater system or Waters of the State. BMPs
also include treatment practices, structural methods, and operating
procedures and practices to control site runoff, spillage or leaks, sludge or
water disposal, or drainage from raw materials storage. BMPs are determined
by reference to standard industry practice or applicable state, county, and
local government design and pollution prevention manuals.
B. Building Department means the Building Services Division of the City’s
Department of Economic and Community Development.
C. Building Sewer means that part of the lowest horizontal piping of a
sewer drainage system that receives the discharge of soils, wastes, and other
drainage pipes inside the walls of a building and carries that waste from the
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Chapter 7.04 KCC Re: Sanitary Sewers—
Repeal Existing and Adopt New Chapter
building’s outside wall to the Public Sanitary Sewer or to an On-site Sewage
System.
D. Clarifier means an Oil/Water Separator as that term is defined in this
section.
E. Day or days means calendar days unless expressly stated otherwise in
a given section or subsection. In addition, any portion of a 24-hour day shall
constitute one full calendar day.
F. Director means the city of Kent public works director, or his or her
designee.
G. Fats, Oils, and Grease or FOG means organic compounds derived from
animal and/or plant sources that are used in, or are a byproduct of, the
cooking or food preparation process, and that turns or may turn viscous or
solidify with a change in temperature or other conditions.
H. Fats, Oils, and Grease (FOG) Generating Facility means any Food
Processing Establishment, Food Service Establishment, Oil Generating
Facility, and any other facility that discharges either Polar FOG or Non-Polar
FOG into the Public Sanitary Sewer.
I. Fats, Oils, and Grease (FOG) Removal Device means any Gravity
Grease Interceptor, Hydromechanical Grease Interceptor, or Oil/Water
Separator that is designed to separate and retain either Polar FOG or Non-
Polar FOG from liquid waste prior to the Wastewater entering the Public
Sanitary Sewer.
J. Food Processing Establishment means a commercial establishment in
which food or drink is manufactured, processed, or packaged.
K. Food Service Establishment means an establishment primarily engaged
in the activity of preparing, serving, or otherwise making available food or
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Chapter 7.04 KCC Re: Sanitary Sewers—
Repeal Existing and Adopt New Chapter
drink for consumption by the public, including without limitation: a
restaurant; bakery; butcher; tavern; coffee shop; food truck or vending
vehicle; ice cream, smoothie, or yogurt shop; commercial kitchen; caterer;
hotel; school; hospital; prison or correctional facility; and care institution.
L. Gravity Grease Interceptor means a structure or device designed to
separate and retain Polar FOG from Wastewater prior to the Wastewater
exiting the Grease Interceptor and entering the Public Sanitary Sewer. These
devices are often below-ground units in outside areas and are built as two or
three chamber baffled tanks.
M. Grease Interceptor means a Gravity Grease Interceptor as that term is
defined in this section.
N. Grease Trap means a Hydromechanical Grease Interceptor as that term
is defined in this section.
O. Hydromechanical Grease Interceptor means a device designed to
separate and retain Polar FOG from Wastewater prior to the Wastewater
exiting the device and entering the Public Sanitary Sewer and is identified by
flow rate, separation, and retention efficiency. For purposes of this chapter,
this term also includes a “FOG Disposal System” or an “Alternative
Engineered Design” as may be provided for by the Uniform Plumbing Code,
adopted by reference through KCC 14.01.010.
P. Industrial Process means procedures involving chemical, physical,
electrical, or mechanical steps to aid in the manufacturing, processing, or
packaging of products.
Q. Industrial Wastes means the liquid wastes generated from
manufacturing operations, food processing, or other industrial processes.
R. Interceptor means a Gravity Grease Interceptor or a Grease
Interceptor as those terms are defined in this section.
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Chapter 7.04 KCC Re: Sanitary Sewers—
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S. Non-Polar FOG means mineral- or petroleum-based oils and grease.
T. Oil Generating Facility means any facility that generates Wastewater
containing Non-Polar FOG from the use of mineral or petroleum oil and
grease products and discharges oily or sediment-laden Wastewater to the
Public Sanitary Sewer, including without limitation: quick-lube stations,
transportation fueling facilities, vehicle/heavy equipment repair, businesses
using steam or pressure washers, and commercial car wash facilities.
U. Oil/Water Separator means a large-capacity vault, either a baffle-type
or coalescing plate-type separator, that is designed to separate and retain
sediments; oils; deleterious, hazardous, or undesirable matter; and floating
Non-Polar FOG from Wastewater before it is discharged into a Public Sanitary
Sewer.
V. On-site Sewage System is as defined by King County in King County
Code § 13.08.280, as currently enacted or hereafter amended or recodified.
The definition of On-site Sewage System effective at the time this ordinance
was adopted is:
An integrated system of components, located on or nearby the
property it serves, that conveys, stores, treats or provides
subsurface soil treatment and dispersal of sewage. It consists of
a collection system, a treatment component or treatment
sequence, and a soil dispersal component. An on-site sewage
system also refers to a holding tank sewage system or other
system that does not have a soil dispersal component.
W. Person means any individual, firm, business, association, partnership,
corporation, or other legal entity, public or private, however organized.
Because “person” shall include both human and nonhuman entities, any of
the following pronouns may be used to describe a person: he, she, or it.
X. Person Responsible for the Violation means any of the following: a
person who has titled ownership or legal control of the Premises that is
subject to the regulation; an occupant or other person in control of the
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Chapter 7.04 KCC Re: Sanitary Sewers—
Repeal Existing and Adopt New Chapter
Premises that is subject to the regulation; a developer, builder, business
operator, or owner who is developing, building, or operating a business on
the Premises that is subject to the regulation; or any person who created,
caused, or has allowed the violation to occur on the Premises.
Y. pH means a measure of the acidity or alkalinity of a solution,
expressed in standard units.
Z. Polar FOG means animal or vegetable-based fats, oils, and grease.
AA. Premises means any real property, together with any house, building,
or other structure located upon such real property.
BB. Public Sanitary Sewer means a Sewer owned and operated by a
governmental body or public utility in which all owners of abutting properties
have equal rights of access in accordance with the provisions of this chapter,
and which conveys Wastewater through the Sanitary Sewer System.
CC. Sanitary Sewage means domestic and commercial Wastewater
including flushed toilet water, water from dishwashers, clothes washing
machines, and any other used water that generally is disposed of down
interior household drains.
DD. Sanitary Sewer System means a conveyance, or system of
conveyances, that is designed to convey domestic and commercial
Wastewater away from Premises through a Public Sanitary Sewer to a
collection location for treatment by a governmental body or public utility.
EE. Septic Tank means a watertight pretreatment receptacle receiving the
discharge of sewage from a Building Sewer or Sewers, designed and
constructed to permit separation of settleable and floating solids from the
liquid, and detention and anaerobic digestion of the organic matter prior to
discharge of the liquid.
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FF. Sewage Disposal System means a system for disposing of Sanitary
Sewage either by connection to a Public Sanitary Sewer, or connection to an
Onsite Sewage System that is authorized by the department of Public
Health—Seattle and King County, in accordance with this chapter.
GG. Sewage Treatment Plant means any arrangement of devices and
structures used for treating Sanitary Sewage.
HH. Sewage Works means all facilities for collecting, pumping, treating, and
disposing of Sanitary Sewage.
II. Sewer means a pipe or conduit for carrying Sanitary Sewage.
JJ. Sewer Outfall means a sewer that receives Sanitary Sewage and
carries it, after treatment, to a discharge point into a body of water.
KK. Side Sewer means a gravity flow pipe connecting the Building Sewer to
the Public Sanitary.
LL. Side Stub means the extension from the Public Sanitary Sewer to the
Premises’ property line to which the Building Sewer connects to the Public
Sanitary Sewer.
MM. Stormwater System means facilities through which stormwater is
collected, conveyed, or treated, including without limitation: inlets,
conveyance pipes, pumping facilities, retention and detention basins,
bioinfiltration facilities, drainage channels, and other drainage structures.
NN. Suspended solids means solids that either float on the surface of, or
are in suspension in, water, Sanitary Sewage, or other liquids and that are
removable by laboratory filtering.
OO. Uniform Plumbing Code means the code that governs the requirements
for the installation, alteration, removal, replacement, repair, or construction
of all plumbing within the state of Washington, and that edition which has
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been adopted by KCC 14.01.010(E), as currently enacted or hereafter
amended, for application and enforcement in the city of Kent.
PP. Wastehauler means any person licensed to collect, pump, transport
and/or dispose of Wastewater, Polar FOG, or Non-Polar FOG, and who (i)
holds any valid state license as may be required by Chapter 18.27 RCW, and
(ii) holds a valid business license issued by the city of Kent.
QQ. Wastewater means liquid and water-carried Industrial Wastes and
Sanitary Sewage from residential dwellings, commercial buildings, industrial
and manufacturing facilities, institutions or any other Premises, whether
treated or untreated, which are contributed or conveyed through the Public
Sanitary Sewer.
RR. Watercourse means a channel in which a flow of water occurs either
continuously or intermittently.
SS. Waters of the State means those waters as defined as “waters of the
United States” in 40 CFR 122.2, within the geographic boundaries of the state
of Washington, and those “waters of the state” as defined in Chapter 90.48
RCW, which includes lakes, rivers, ponds, streams, inland waters,
groundwater, salt waters, and all other surface waters and watercourses
within the jurisdiction of the state of Washington.
Unless the context clearly demonstrates the contrary, “shall” is mandatory
and “may” is permissive, when used in this chapter.
Sec. 7.04.030. Powers and authority of the director, inspectors,
and assistants—Discretion of the director.
A. Access to facilities. The director and other duly authorized employees
of the city, bearing proper credentials and identification, shall be permitted to
enter upon all Premises for the purposes of inspection, observation,
measurements, sampling, and testing in accordance with the provisions of
this chapter. No consent, warrant, or court order is required to enter those
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areas open to the public generally or to which no reasonable expectation of
privacy exists.
B. Director discretion. In applying, interpreting, and enforcing this
chapter, the director has the authority to impose additional conditions, to
waive or alter the application of any requirement in any particular situation
under the facts then-existing, or to alter any performance required under this
chapter where the director determines such departure is necessary to
mitigate identified or potentially negative impacts to the Sanitary Sewer
System or public health, safety, or welfare.
Sec. 7.04.040. Connection with Public Sanitary Sewer. It shall
be unlawful for any person to make any opening in any Public Sanitary
Sewer; to connect any private Sewer or drain therewith; or to lay, repair,
alter, or connect any private drain or Sewer in any public street, alley, right-
of-way, or easement, except as provided within this section.
A. Connection—Licensed contractor. A contractor may conduct the work
provided for within this section if the contractor is qualified and: (i) holds a
valid state contractor’s license as defined in Chapter 18.27 RCW, (ii) holds a
valid business license issued by the city, and (iii) has first obtained any
required city approval or permit.
A licensed contractor shall be responsible for all work done within any
public street, alley, easement area, or other city right of way, or under any
permits issued to the contractor under any other provision of this chapter. It
shall be the duty of every licensed contractor to leave with the City public
works department the name and telephone number of the person responsible
for the work to be conducted in any public street, alley, easement area, or
other city right-of-way area.
B. Connection—Owner. The owner or occupant of the Premises, or such
person’s agent, may connect a Side Sewer to a Side Stub with the approval of
and under the supervision of the director, after having first obtained all
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required permits. All other work must be performed by a qualified and
licensed contractor.
Upon granting any approval for connection of a Side Sewer to the
Public Sanitary Sewer Side Stub, such person, including any future or
subsequent owner, shall be responsible for all costs of maintenance, repair,
removal of obstructions, cleaning, and operation of the Side Sewer, including
that portion of the Side Sewer extending into the city’s right-of-way and
connecting to the Public Sanitary Sewer, including without limitation the tee
and Side Stub thereto. Acceptance of a Side Sewer connection under the
provisions of this chapter within or outside of the city’s right-of-way shall not
be deemed to create a duty upon the city to repair, maintain, replace, or
clean the same.
Sec. 7.04.050. Permit required to construct, extend, or repair
Sewer. A permit is required for all work to construct, extend, relay, or repair
a Building Sewer or a Side Sewer, or to make any connection to a Side Stub
or the Public Sanitary Sewer, whether that work is performed on private
property or within the city right-of-way. In addition to any conditions
expressed on the permit, all Sewer permits are subject to the provisions of
this chapter. The director shall be allowed to inspect the work at any stage of
construction and, in any event, the applicant for the permit shall notify the
director when the work is ready for final inspection, and before any
underground portions are covered. Work shall be done by the owner or a
licensed contractor as provided for in this chapter.
Sec. 7.04.060. Permits for additional work required. When a
permit has been issued, no additional work outside of the particular work for
which the permit was issued shall be completed without the advance approval
of the director, and a new permit must be obtained for such additional work.
Sec. 7.04.070. Permit and inspection fees.
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A. Fees—Generally. The city council shall, by resolution, establish the
fees to be assessed to implement and operate the regulations adopted in this
chapter. An additional charge will be made if review and inspection time
exceeds three and one-half hours. The hourly rate for this additional staff
time shall be paid at the rate as established by council resolution. The fee
shall be paid to the city before the permit is issued. In the event of any
conflict or ambiguity regarding any fees authorized under this chapter and
established by council resolution, the director is authorized to interpret the
fee schedule(s) to resolve that conflict or ambiguity.
B. On-site Sewage System fees—Public health. Permits to construct,
install, or repair On-Site Sewage Systems are issued by the department of
Public Health—Seattle and King County in accordance with the King County
Code. Application for all necessary permits and payment of associated fees
shall be made directly to the department of Public Health—Seattle and King
County.
C. Unauthorized work—Penalty. When work is commenced or performed
without first obtaining the required permit, the basic permit fee will be
doubled, however, the payment of that doubled fee will not relieve the person
responsible for the violation from full compliance with all of the requirements
of this chapter in the execution, inspection, or approval of the work, or from
any other penalties that may be provided for by local, state, or federal law,
including criminal penalties.
Sec. 7.04.080. Issuance of temporary permit. At the discretion of
the director, a temporary permit may be issued permitting temporary
connection to a Public Sanitary Sewer, Sewer Outfall, or Side Sewer. This
temporary permit may be issued when, in the opinion of the director, failure
to do so would endanger human health or the environment. A temporary
permit is revocable by the director upon providing 60 days’ advance written
notice to the owner, occupant, and the permit applicant. This notice shall be
given by posting the notice on the Premises for which the permit was issued,
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or by mailing notice to any other address known by the City for the owner,
occupant, and applicant. If the private Sewer or drain is not disconnected at
the expiration of such notice, the director may disconnect the Sewer or drain
and collect the cost of such disconnection from the owner, occupant, or
permit applicant through the issuance of an invoice in accordance with KCC
7.04.270(A). Any permittee granted a temporary permit under this section
will hold the city harmless from any damage by reason of the issuance or
revocation of a temporary permit, or the disconnection of a temporary
connection, as provided for under this section.
Sec. 7.04.090. Display of permits. Any permit required by this
chapter must, at all times during the performance of the work and until
completion and final approval thereof, be posted in a conspicuous place at or
near the permitted work Premises.
Sec. 7.04.100. Permit time limit—Extension. Any permit issued
under the provisions of this chapter shall be valid for a period of six months.
In the event work is not completed within the time specified on the permit,
an extension must be requested through the city permit center. Permit
extension approvals will be granted on a case-by-case basis. No more than
two extensions may be issued, at which time a new permit must be obtained.
Sec. 7.04.110. Permits to install or repair On-Site Sewage
Systems.
A. Permit required. It shall be unlawful for any person to construct,
install, or repair any On-Site Sewage System within the city without first
obtaining a permit from the department of Public Health—Seattle and King
County, or any other approval that department may require. That department
shall issue permits pursuant to the applicable King County standards, and the
permit shall, until all work is completed and final approval obtained, be
posted in a conspicuous place at or near the permitted work Premises.
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B. Disposal of contents. All liquids and solids removed from an On-Site
Sewage System shall be disposed of to the satisfaction of the director and in
accordance with all federal, state, and local laws.
Sec. 7.04.120. Construction standards. All Sewers and Side
Sewers shall be installed in strict accordance with the specifications contained
in any existing city ordinance or code, any construction standards, any
international or uniform codes that the city has adopted or adopts in the
future, and any conditions imposed upon an issued permit. All construction
shall be subject to the inspection of the director.
Sec. 7.04.130. Use of Public Sanitary Sewer required.
A. Proper sanitation required. It shall be unlawful for any person to place,
deposit, or permit to be deposited in an unsanitary manner upon public or
private property within the city or in any area under the jurisdiction of the
city, any human or animal excrement, or other objectionable waste.
B. Sewage disposal system—Chapter compliance required. Except as
provided in this chapter, it shall be unlawful to construct or maintain any
privy, privy vault, septic tank, cesspool, or other facility intended or used for
the disposal of sewage.
C. Connection to Public Sanitary Sewer required. The owners of all
houses, buildings, properties or other Premises used in any manner for
human occupancy situated within or without the city that abut any street,
alley, or easement in which there is located a Public Sanitary Sewer of the
city shall, at their expense, install suitable toilet facilities therein and connect
those facilities directly to the proper Public Sanitary Sewer within 90 days
from the date of official notice to do so, provided that the Public Sanitary
Sewer is within 200 feet of any building on the owner’s property.
D. Failure to connect when required. In addition to any other penalty
authorized by this chapter, a property owner who fails to connect to the
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Public Sanitary Sewer within 90 days of receiving official notice to do so, shall
be subject to a penalty that shall be a monetary charge in an amount equal
to the base monthly sewer rate that would be charged against that property if
it were connected to the Public Sanitary Sewer. The city’s finance department
shall assess the penalty against the property through its utility billing system.
E. Lien for costs and charges. Pursuant to RCW 35.67.200, failure to pay
the penalties levied pursuant to this section shall constitute a lien for those
delinquent and unpaid charges against the Premises to which the service is
available. This lien shall be superior to all other liens and encumbrances
except general taxes and local and special assessments.
F. Interest assessed for delinquencies. All delinquent charges imposed
under the authority of this section shall bear interest at the rate of eight
percent per annum computed on a monthly basis.
Sec. 7.04.140. Privy wells or vaults, and cesspools, prohibited.
A. Detrimental or dangerous to life or health—Prohibited. No privy well,
vault, or cesspool may be used or maintained if such use or maintenance is
detrimental or dangerous to life or health. If such condition exists, the
director may prohibit use of the privy well, vault, or cesspool and may order
the same to be disinfected and filled with fresh earth. The director will notify
in writing the owner and occupant of such Premises that the privy well, vault,
or cesspool must be disinfected and filled with fresh earth, and a suitable
sewage disposal system, either public or private, constructed within a period
of 20 days from and after the time when such notice shall be served, or such
later date as the director may determine and identify within the notice.
Sec. 7.04.150. On-Site Sewage Systems—Responsibilities of
Owner and Occupant. Maintenance and repair of an On-Site Sewage
System is the sole responsibility of the owner and occupant of the Premises,
who shall maintain the system in accordance with all applicable laws and
regulations, including the following:
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A. Prohibited discharge to Public Sanitary Sewer. No On-Site Sewage
System may discharge to any Public Sanitary Sewer.
B. Abandoned facility—Requirement to fill. Any septic tanks, cesspools,
and similar On-Site Sewage Systems whose use has been abandoned shall be
filled with suitable material and in a manner that will insure the public safety,
health, and well-being. Such abandonment must be permitted through the
department of Public Health—Seattle and King County under KCC 7.04.110.
C. Maintain sanitation. All On-Site Sewage Systems shall be operated and
maintained in a sanitary manner at the entire and sole expense of the owner
and occupant.
D. Repairs required. Whenever, in the judgment of the director or any
public health officer, any On-Site Sewage System shall fail to function
properly, or the continued use of such private On-Site Sewage System will be
detrimental to life or health, the director may order such work to be done
upon the Premises where the On-Site Sewage System is situated as
necessary to restore and insure sanitary conditions upon such Premises. In
such event, the director will notify in writing the owner and occupant of such
Premises of the work required under this subsection. Unless otherwise
ordered by the department of Public Health—Seattle and King County, work
shall be completed within a period of 180 days from and after the time when
such notice shall be served, or such other time period determined appropriate
by the director and warranted by the then-existing circumstances. The work
shall be done in accordance with all federal, state, and local laws.
Sec. 7.04.160. City may connect and assess costs.
A. Failure to act—Connection made by city at cost of owner. If any owner
or occupant shall fail, neglect, or refuse to connect its Premises to the Public
Sanitary Sewer within the time specified in any notice provided under this
chapter, or shall fail, neglect, or refuse to do the other work specified and
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ordered to be done as this chapter provides, the director may make such
connection or do such work and collect the cost thereof from the owner,
occupant, or other person responsible for the violation through the issuance
of an invoice in accordance with KCC 7.04.270(A).
B. Cost to become a lien. If unpaid, this cost shall additionally be
assessed and become a lien against the Premises as authorized by law.
Sec. 7.04.170. Side Sewer and private Sewer pipes—
Maintenance and repair—Violation.
A. Side Sewer.
1. Condition likely to cause obstruction—Violation. It is a violation
of this chapter for there to exist in any Side Sewer a visually evident
accumulation of FOG of animal, vegetable, mineral, or petroleum origin
which, either alone or in combination with other wastes, is reasonably likely
to obstruct flow or interfere with the operation or performance of any part of
the Sanitary Sewer System. If the director shall give notice to the person
responsible for the violation of such condition and of the corrective action
necessary, it is a further violation of this chapter for such person to fail to
take such corrective action.
2. Damaged or Noncompliant Sewer—Notice and repair—Violation.
When any Side Sewer, whether upon private property or upon the city’s
right-of-way, is constructed, laid, connected, or repaired and does not comply
with the provisions of this chapter or any construction standards or codes
that may hereafter be adopted, or where it is determined by the director that
a Side Sewer is obstructed, broken, inadequate, is a menace to health, or is
liable to cause damage to public or private property, the director shall give
notice to the person responsible for the violation of such condition and the
required corrective action. It is a violation of this chapter for such person to
fail to take the required corrective action by the date specified in that notice.
B. Private Sewer. Whenever any private Sewer connected to any Public
Sanitary Sewer becomes obstructed, broken, or out of order and the person
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responsible for the violation fails to repair the same within five days after
notification by the director, the director is hereby authorized to remove,
reconstruct, replace, alter, or clear the same as required at the expense of
the person responsible for the violation, which expense shall be collected
through the issuance of an invoice in accordance with KCC 7.04.270(A).
When two or more houses or buildings are connected to the same private
Sewer, the owners, agents, or occupants of such Premises shall be jointly and
severally liable for any work done at the direction of the director under this
section. No permit shall be required for the removal of obstructions from
private Sewers, provided the Sewer pipe is not damaged.
Sec. 7.04.180. Use of Public Sanitary Sewer.
A. Discharge of storm or surface water to Sanitary Sewer System—
Prohibited. No person shall discharge or cause to be discharged any
stormwater, surface water, groundwater, or roof run-off, to the Sanitary
Sewer System, unless expressly authorized by the Director.
B. Prohibited discharges to Sanitary Sewer System. Except as otherwise
provided in this chapter, no person shall discharge or cause to be discharged
any of the following described substances to the Sanitary Sewer System:
1. Any liquid or vapor having a temperature higher than 150
degrees Fahrenheit;
2. Any water or waste that may contain more than 100 parts per
million by weight of FOG;
3. Any gasoline, benzene, naphtha, fuel oil, or other flammable or
explosive liquid, solid, or gas;
4. Any emulsifying agent, enzyme, bio-additive, or similar
chemical;
5. Any animal guts or tissue, paunch manure, bones, hair, hides or
fleshings, entrails, fish guts or skin, seafood shells, cloth, carpet fibers,
plastic, ashes, cinders, sand, mud, straw, shavings, metal, glass, rags,
feathers, tar, plastics, wood, grass clippings, brewing or distilling slops, spent
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grain or hops, lard, tallow, baking dough, coffee grounds, tea leaves or any
other solid or viscous substance capable of causing obstruction to the flow in
sewers or other interference with the proper operation of the sewage works;
6. Any waters or wastes having a pH lower than 5.5 or higher than
9.0 or having any corrosive property capable of causing damage or hazard to
structures, equipment, and personnel of the Sewage Works;
7. Any waters or wastes containing a toxic or poisonous substance
in sufficient quantity to injure or interfere with any sewage treatment
process, to constitute a hazard to humans or animals, or to create any hazard
in the receiving waters of the Sewage Treatment Plant;
8. Any waters or wastes containing suspended solids of such
character and quantity that unusual attention or expense is required to
handle such materials at the Sewage Treatment Plant;
9. Any noxious or malodorous gas or substance capable of creating
a public nuisance;
10. Any liquid containing more than 350 parts per million by weight
of suspended solids; or
11. Any discharge with an average daily flow greater than two
percent of the average daily sewage flow of the city without the prior review
and approval of the director.
C. Protection of Sanitary Sewer System. The following provisions are
enacted in an effort to protect the Sanitary Sewer System from obstruction
and to ensure its proper operation.
1. FOG Removal Device required. All FOG Generating Facilities
shall install, operate, and maintain FOG Removal Devices of an approved type
and adequate size to effectively remove Polar and Non-Polar FOG, sludge,
and settled solids from Wastewater prior to the Wastewater entering the
Public Sanitary Sewer. The city understands that there is a cost attributable
to installing a FOG Removal Device. Therefore, all FOG Generating Facilities
operating at a location within the city as of the original adoption date of this
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section (______, _____, 2016)1 shall install a FOG Removal Device within
180 days of receiving notification by the city that such a FOG Removal Device
is required. All FOG Generating Facilities that open or relocate within the city
after the above-referenced adoption date must install, operate, and maintain
a FOG Removal Device in compliance with this chapter prior to commencing
operation.
a. Installation of a FOG Removal Device. All FOG Removal
Devices shall be installed as required by this chapter and shall conform in all
respects to the Uniform Plumbing Code or other applicable building codes
adopted for application in the city through Chapters 13.01 and 14.01 of the
Kent City Code, including size, type, and installation method, unless
otherwise approved by the director. Plans, specifications, and other pertinent
information relating to proposed FOG Removal Devices shall be submitted for
the approval of the director. No construction of such facilities shall be
commenced until such approvals are obtained in writing. FOG Generating
Facilities are responsible for obtaining a plumbing permit and final inspection
approval before the FOG Removal Device may be put into operation. A FOG
Removal Device shall be installed at locations where they are readily and
easily accessible for cleaning, maintenance, and inspection.
b. Maintenance of FOG Removal Device. All FOG Removal
Devices shall be maintained and operated by the FOG Generating Facility at
its own expense. These FOG Removal Devices shall be kept in continuous
operation at all times, and shall be maintained in accordance with the
Uniform Plumbing Code, established BMPs, and other federal, state, and local
law.
(1) Minimum frequency of maintenance. At a
minimum, all FOG Removal Devices shall be maintained as required by this
subsection. However, an increase in the cleaning frequency and additional
BMPs may be required to reflect the actual operating conditions of each FOG
Generating Facility.
1 Code reviser to insert into the Kent City Code this ordinance’s adoption date.
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(a) Grease Interceptor. Maintenance of Grease
Interceptors must be scheduled often enough so that Polar FOG and settled
solids and sludge do not leave the device through its outlet. At a minimum,
the Grease Interceptor must be cleaned when: (i) the volume of FOG and
settled sludge and solids constitute 25 percent of the effective liquid volume;
or (ii) if the inlet or outlet displays visible buildup or is obstructed with FOG or
other debris. In no event shall the maintenance frequency be less than once
every six months.
(b) Grease Trap. Maintenance of Grease Traps
must be scheduled often enough so that FOG and settled solids and sludge do
not leave the device through its outlet. At a minimum, Grease Traps shall be
cleaned when: (i) the volume of FOG and settled sludge and solids constitute
25 percent of the effective liquid volume; or (ii) if the inlet, outlet, flow
control, or vent displays visible buildup or is obstructed with FOG or other
debris. In no event shall the maintenance frequency be less than once every
month. Unless specifically required or permitted by the City, no food waste
disposal unit or dishwasher shall be connected to or discharge into any
Grease Trap.
(c) Oil/Water Separator. Oil/Water Separators
shall be cleaned when the buildup is eight inches deep in the inlet chamber or
when there are two inches or more of oil in any chamber of the Oil/Water
Separator. Coalescing plates must be cleaned before they become coated
with silt or solids.
(2) Performance of maintenance. leaning, inspection,
and maintenance must be performed by a licensed contractor and/or
Wastehauler qualified to perform such activities on a FOG Removal Device.
(a) Required maintenance for Grease
Interceptors and Oil/Water Separators. Maintenance for Grease Interceptors
and Oil/Water Separators shall include without limitation the removal of the
full contents of the Grease Interceptor and Oil/Water Separator including
Polar and Non-Polar FOG, liquids, and settled sludge and solids from the
device’s walls, baffles, inlet, outlet tee, piping, and floors. During
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maintenance, Grease Interceptors and Oil/Water Separators shall be
inspected for internal and external damage, obstructions, leaks, and missing
or damaged components. It is a violation of this chapter to merely skim the
surface layer of waste material, to only partially clean the Grease Interceptor
or Oil/Water Separator, or to use any method that does not remove the
entire contents of the Grease Interceptor or Oil/Water Separator. The Grease
Interceptor and Oil/Water Separator shall be filled with clean cold water
before returning to service. If cleaning and repairs are required, they shall
be performed within seven days of discovery.
(b) Required maintenance for Grease Traps.
Maintenance for Grease Traps shall include without limitation the removal of
the full contents of the device including FOG, liquids, and settled sludge and
solids. Removable baffles, plugs, and outlets shall be removed and cleaned,
and the walls, cleanout, and all other components of the device shall be
scraped free of accumulated FOG and food waste. During maintenance, the
device shall be inspected for leaking seams and pipes; damaged or missing
gaskets, lids, bolts, and latches; corrosion; and for effective operation of the
baffles, venting, and flow-regulating device. The Grease Trap shall be filled
with cold clean water before it is returned to service. If cleaning and repairs
are required, they shall be performed within seven days of discovery.
(3) Disposal of material removed during maintenance.
All FOG removed from a FOG Generating Facility shall be disposed of or
recycled in accordance with federal, state, and local laws.
(4) Maintenance records. Records of all maintenance
activities shall be retained after each maintenance event and shall be made
readily available to the city for review via email or in person.
2. Industrial Wastes—Control manhole—When required. Any
business, establishment, or person who uses the Sanitary Sewer System to
carry Industrial Wastes shall install and properly maintain a suitable control
manhole in the Premises’ Sewer to facilitate observation, sampling, and
measurement of the wastes. Such manhole shall be installed at a location
where it is readily accessible, safe, and constructed in accordance with plans
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approved by the director. The control manhole shall be installed by the owner
at the owner’s expense, and maintained by the owner so as to be safe and
accessible at all times.
3. Waste cooking oil—Collection and proper disposal. Waste
cooking oil shall be collected and stored in appropriate receptacles such as
drums or bins at all FOG Generating Facilities and then disposed of or
recycled in accordance with all federal, state, and local laws. Such storage
receptacles shall be maintained by implementing proper BMPs to ensure they
are watertight and do not leak.
4. Vegetable and fruit canneries—Collection and proper waste
disposal. Vegetable and fruit canneries shall provide an efficient screen for
the removal of skins, seeds, pomace, culls, discarded produce, and other
suspended material and waste from the washing, sorting, or other canning
processes. This screen must be 20-mesh, U.S. standard gauge, and may be
of the vibrating, rotary, or any other effective type. It shall be located on the
main outlet Sewer line or lines from the cannery in such a way that all
Wastewaters, except cooling or other clean waters, will pass through the
screen. Cooling or other clean waters may be bypassed around the screen or
discharged through a separate outlet. Screened and other solid material
removed from the product during cannery operations shall be disposed of in a
manner consistent with state solid waste handling regulations, and, in any
event, in such a manner that it will not enter a Water of the State or the
Sanitary Sewer System.
5. Standard applicable and measurement location. All
measurements, tests, and analysis of the characteristics of waters and wastes
to which reference is made in this chapter shall be determined in accordance
with Standard Methods for the Examination of Water and Sewage, available
online at www.standardmethods.org, and shall be determined at the location
of the control manhole required under KCC 7.04.180(C)(2) and based upon
suitable samples taken from that location. If no control manhole has been
required under KCC 7.04.180(C)(2), the control manhole shall be considered
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Chapter 7.04 KCC Re: Sanitary Sewers—
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to be the nearest downstream manhole in the Sanitary Sewer System at the
point at which the Building Sewer is connected to the Public Sanitary Sewer.
Sec. 7.04.190. Damage to Sewage Works. No person shall cause
to break, damage, destroy, uncover, deface, or tamper with any structure,
appurtenance, or equipment which is a part of the Sewage Works.
Sec. 7.04.200. Planting of certain trees and shrubbery
prohibited. It shall be unlawful to plant poplar, cottonwood, soft maples,
willow, or any other tree or shrub in any location where the roots of such tree
or shrub are likely to obstruct or damage public or private Sewers. The
director is hereby authorized to remove any trees or shrubs from any public
street, or the roots of any trees or shrubs which extend into any public street
or right-of-way, when such trees or the roots thereof are obstructing, or
when the director has determined that they are liable to obstruct, public or
private Sewers. The director shall give ten days’ advance written notice to the
owner, agent, or occupant of the abutting property to remove such trees or
roots, and it is a violation of this chapter for such owner, agent, or occupant
to fail to timely and properly comply with the director’s notice.
If the owner, agent, or occupant fails or refuses to comply with the
director’s notice, the director may remove the trees or roots when the city’s
access to the property is legally authorized, and the reasonable cost of such
removal, whether that removal is from private property, rights-of-way, alleys,
or streets, shall be a charge against and a lien upon the abutting property
from which such trees or shrubs are removed, which may additionally be
collected against the abutting property owner in accordance with KCC
7.04.270.
Sec. 7.04.210. Property not assessed for Sanitary Sewer
construction under a local improvement district to pay sum in lieu of
assessment.
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Chapter 7.04 KCC Re: Sanitary Sewers—
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A. No permits shall issue for connection to any Public Sanitary Sewer for
any property that has not been assessed for the construction of such Sewer
by a local improvement district, except as follows:
1. Property that was not assessed for a local improvement district,
but which has a Public Sanitary Sewer in the street, alley, or sewer easement
abutting such property shall be charged an assessment on the same basis as
property that was in the local improvement district.
2. Satisfactory arrangement shall be made with the finance director
for payment prior to the issuing of any permits provided for in subsection
(A)(1) above.
B. Side Sewers constructed without the payment of the above charges
shall be disconnected if, within 15 days after the owner and occupant have
been notified by the director that the above charge are due, the owner or
occupant fail to pay such charges.
Sec. 7.04.220. Schedule of charges for service. The following
charges for city Sanitary Sewer service inside the city limits are in effect on
the dates and in the amounts listed below. Sewer service charges for
customers residing outside the city shall be the charges as on file in the city
clerk’s office.
King County imposes a Sanitary Sewer service charge for regional
sewage treatment. These charges are passed through, without increase,
directly to the city Sanitary Sewer utility customers. The King County pass-
through charge for 2013 is known and established. It is expected, however,
that King County will increase its pass-through charge over time. Accordingly,
except for the 2013 charge, all other King County charges are estimates only.
In order to simplify the rate-making structure, the finance director is
authorized to amend King County’s pass-through charges at the time King
County imposes new charges.
/ /
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Chapter 7.04 KCC Re: Sanitary Sewers—
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/ /
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Chapter 7.04 KCC Re: Sanitary Sewers—
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Type of Service
Charges per
Month
Effective on
1/1/2013
Charges per
Month
Effective on
1/1/2014
Charges per
Month
Effective on
1/1/2015
Charges per
Month
Effective on
1/1/2016
Charges per
Month
Effective on
1/1/2017
Charges per
Month
Effective on
1/1/2018
1. Single-family
residential dwelling,
as defined in Chapter
15.02 KCC.
• City sewer rate $17.27 $17.96 $18.68 $19.43 $20.21 $21.02
• King County sewer
rate
$39.79 $39.79* $39.79* $39.79* $39.79* $39.79*
• Total sewer rate $57.06 $57.75* $58.47* $59.22* $60.00* $60.81*
2. Two-family or
multiple-family
residential dwelling,
as defined in Chapter
15.02 KCC, each unit
separately metered
and charged.
• City sewer rate $17.27 $17.96 $18.68 $19.43 $20.21 $21.02
• King County sewer
rate
$39.79 $39.79* $39.79* $39.79* $39.79* $39.79*
• Total sewer rate $57.06 $57.75* $58.47* $59.22* $60.00* $60.81*
3. Single-family
residential/lifeline:
eligibility criteria for
the lifeline utility rate
set forth in KCC
7.01.080
• City sewer rate $12.70 $12.85 $13.01 $13.18 $13.35 $13.53
• King County sewer
rate
$39.79 $39.79* $39.79* $39.79* $39.79* $39.79*
• Total sewer rate $52.49 $52.64* $52.80* $52.97* $53.14* $53.32*
4. All other than
service types 1, 2 and
3 shall be billed in
accordance with the
consumption of water
and at the following
rate, except that no
monthly bill shall be
less than the single-
family residential rate
set forth in service
type No. 1.
$7.61 per
100 cubic
feet per
month
$7.70*1 per
100 cubic feet
per month
$7.80*1 per
100 cubic feet
per month
$7.90*1 per
100 cubic
feet per
month
$8.00*1 per
100 cubic
feet per
month
$8.11*1 per
100 cubic
feet per
month
* Estimated
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Chapter 7.04 KCC Re: Sanitary Sewers—
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Sec. 7.04.230. Water meters for METRO billing. All sewer
accounts for other than single-family residential uses must have water meters
or sewer meters for billing purposes.
Sec. 7.04.240. Exemption meters. The amount of flow for the
purpose of sewer service billing may be measured by a sewer meter installed
and maintained at the customer’s expense or by reading a water meter with
allowance made for water measured by any exemption meter which has been
approved by both METRO and the city.
Sec. 7.04.250. Certification of sewer meters. All sewer meters
shall be certified for accuracy at least once each year by an independent
testing agency. If the city demands an inspection other than a regular annual
inspection and the inspection reveals that the meter is operating properly, the
city shall bear the cost of the inspection; otherwise, the cost shall be borne
by the customer.
Sec. 7.04.260. Sewer service to customers obtaining water
from sources other than the city water utility. For Sanitary Sewer
service to customers obtaining water from sources other than the city water
utility, the following regulations shall apply:
1. Single-family residential customers shall pay the flat rate which
is on file in the city clerk’s office.
2. All customers other than single-family residential shall install a
meter on their source of water within 30 days of date of application or service
will be discontinued. Upon request of the customer, the city will install a
meter in accordance with its standard practice for such installations.
3. City personnel will read the privately owned meters on normal
water meter reading dates.
4. If the meter is the property of a water district or other municipal
corporation, the customer must submit written permission from the water
district or municipal corporation for the city meter reader to read such meter
on the normal reading date.
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Chapter 7.04 KCC Re: Sanitary Sewers—
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Sec. 7.04.270. Violations and enforcement—Penalties. Any
violation of any provision of this chapter may be enforced as provided for in
this section. Each separate date, or portion thereof, during which any
violation occurs shall constitute a separate violation.
A. Recovery of costs incurred by the City. In addition to any penalty
provided for in KCC 7.04.270(B) through KCC 7.04.270(D), a person who
violates any of the provisions of this chapter shall be liable for all costs
incurred by the City as a result of the violation. The City will issue an invoice
to the person responsible for the violation advising him or her of the amount
of costs incurred by the City as a result of the violation. The person to whom
the invoice was directed must respond within 14 days of the date the invoice
is served upon that person by: (i) paying the invoice, (ii) requesting a
hearing before the City’s hearing examiner to mitigate the amount of the
invoice, or (iii) requesting a hearing before the City’s hearing examiner to
contest the amount of the invoice. Failure to timely respond shall result in
the invoice being deemed valid and the City may seek collection of the
invoice through the process provided for in Chapter 3.10 of the Kent City
Code, including the use of a collection agency. Payment of any invoice issued
shall not alleviate the person responsible for the violation from complying
with this chapter.
1. Service of notice. Service of an invoice issued under KCC
7.04.270(A) shall occur and is deemed complete in the same manner and
under the same provisions as provided for in KCC 1.04.060.
2. Process to mitigate or contest invoice. The process through
which a person may request a hearing to contest or mitigate an invoice
issued to him or her as a person responsible for the violation is the same as
that provided for Notices of Violation under KCC 1.04.120 through KCC
1.04.190. The hearing examiner’s decision as to any invoice issued under
KCC 7.04.240(A) is final and may not be further appealed.
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Chapter 7.04 KCC Re: Sanitary Sewers—
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3. Failure to pay—Civil infraction. The failure to timely pay an
invoice issued under KCC 7.04.270(A), or any mitigated invoice amount set
by the hearing examiner, is a separate violation that may be enforced
through the issuance of a civil infraction pursuant to KCC 7.04.270(B).
B. Civil infraction. A person who violates any provision of this chapter
may be issued a class 1 civil infraction 2 as set forth in RCW 7.80.120, as
currently enacted or hereafter amended. An infraction issued pursuant to
this section shall be filed in the Kent Municipal Court and processed in the
same manner as other infractions filed in the Kent Municipal Court. In
addition, a civil code enforcement action may be instituted in accordance with
KCC 7.04.270(C) to effectuate any abatement or corrective action required by
the person as a result of the violation.
C. Civil code enforcement. In addition to, or as an alternative to any
other penalty provided for in this chapter or by law, a civil code enforcement
action may be instituted under the provisions provided for in Chapter 1.04
KCC to effectuate any abatement or corrective action required as a result of a
violation of this chapter, including the issuance of a stop use or stop work
order under KCC 1.04.090 – KCC 1.04.110. The process through which the
person responsible for the violation may contest a stop use or stop work
order is the same as that provided for Notices of Violation under KCC
1.04.120 through KCC 1.04.190. Failure to timely abate the violation or take
the required corrective action will result in the issuance of a fine in
accordance with KCC 1.04.080 and KCC 1.04.200, which fine will be separate
and apart from any fine that may have been issued under KCC 7.04.240(B).
2 Reference note for staff and Council, not to be codified: Class 1 - Base fine $250, total fine $513
($277.44 local, rest to state); Class 2 - Base fine $125, total fine $257 ($133.28 local, rest to state);
Class 3 - Base fine $50, total fine $103 ($46.24 local, rest to state); Class 4 - Base fine $25, total fine $52
($34 local, rest to state).
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Chapter 7.04 KCC Re: Sanitary Sewers—
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D. Criminal offense. Except as may otherwise be provided, a person who:
1. Negligently violates a provision of this chapter is guilty of a
misdemeanor, punishable by up to the maximum penalty established in RCW
9A.20.021(3) as now enacted or hereafter amended; or who
2. Knowingly violates a provision of this chapter, or commits a
repeated violation of this chapter, is guilty of a gross misdemeanor,
punishable by up to the maximum penalty established in RCW 9A.20.021(2),
as now enacted or hereafter amended.
a. For purposes of this section “repeated violation” means,
as evidenced by either a prior committed finding by the Kent Municipal Court
of an infraction issued under this chapter, or a committed finding by the
Hearing Examiner of a Notice of Violation issued under Chapter 1.04 KCC, or
a committed finding by operation of law under KCC 1.04.130, that a violation
of this chapter has occurred on the same property or that a person
responsible for the violation has committed a violation of this chapter
elsewhere within the city of Kent. To constitute a “repeat violation,” the
violation need not be the same violation as the prior violation.
3. If a person is found guilty of a criminal offense as provided for in
this KCC 7.04.270(D), or pleads guilty to another offense on recommendation
of the prosecutor, the court shall order the defendant pay restitution to the
City of Kent, or any other victim of the offense, for the total suffered loss or
damage by reason of the commission of the crime.
SECTION 3. – Savings. The existing Chapter 7.04 of the Kent City
Code, which is repealed and replaced by this ordinance, shall remain in full
force and effect until the effective date of this ordinance.
SECTION 4. – Severability. If any one or more section, subsection, or
sentence of this ordinance is held to be unconstitutional or invalid, that
decision shall not affect the validity of the remaining portion of this ordinance
and the same shall maintain its full force and effect.
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Chapter 7.04 KCC Re: Sanitary Sewers—
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SECTION 5. – 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 6. – Effective Date. This ordinance shall take effect and be
in force thirty (30) days from and after its passage as provided by law.
SUZETTE COOKE, MAYOR
ATTEST:
RONALD F. MOORE, CITY CLERK
APPROVED AS TO FORM:
TOM BRUBAKER
CITY ATTORNEY
PASSED: day of , 2016.
APPROVED: day of , 2016.
PUBLISHED: day of , 2016.
I hereby certify that this is a true copy of Ordinance No.
passed by the City Council of the City of Kent, Washington, and approved by
the Mayor of the City of Kent as hereon indicated.
(SEAL)
RONALD F. MOORE, CITY CLERK
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Chapter 7.04 KCC Re: Sanitary Sewers—
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P:\Civil\Ordinance\7.04-Sanitary Sewers-LUPB Version.docx
45
46
ECONOMIC and COMMUNITY DEVELOPMENT
Ben Wolters, Director
Phone: 253-856-5454
Fax: 253-856-6454
220 Fourth Avenue S.
Kent, WA 98032-5895
July 18, 2016
TO: Chair Frank Cornelius and Land Use and Planning Board Members
FROM: Hayley Bonsteel, Long Range Planner & GIS Coordinator
RE: Multifamily/Mixed Use Design Guidelines Update [ZCA-2016-9]
For July 25, 2016 Workshop
SUMMARY: In addition to provisions in the zoning code, the City of Kent uses design
guidelines to ensure development projects meet the community’s and Council’s goals
and expectations. The existing Multifamily Design Guidelines were adopted in 1994 and,
as such, have several important limitations that necessitate an update. Kent City Council
strategic goals and vision, combined with lessons learned from the past several decades
of design review, together contribute to the need for stronger, more specific, up-to-date
design guidelines that can weather market fluctuations while boosting the vibrancy of
Kent neighborhoods. Through this update, the City has the opportunity to address both
multifamily and mixed use developments, and the associated code changes are an
opportunity to rectify conflicting requirements, streamline the design review process and
support the effort to get better designed developments in Kent. The attached project
summary lists the objectives and discusses the issues and implications involved.
BACKGROUND: There are many intersecting and overlapping aspects to good design.
Relationship to the street, quality of materials and functionality of pathways are just a
few of the many considerations designers must take into account when proposing
development. Design guidelines and zoning development standards are important tools
for local jurisdictions to signal to developers what the community wants to see built. At
the same time, there is a great need for flexibility in these regulations to account for
potential differences in development sites such as topography, size, nearby
transportation options and existing neighborhood fabric. New development must both
enhance and contribute to the existing character of the area, while also meeting the
City’s long term visions. This project seeks to take these many considerations into
account, while meeting the Council’s vision of vibrant urban centers in Kent.
Staff will be available at the July 25th workshop to introduce and discuss the project.
HG:pmS:\Permit\Plan\ZONING_CODE_AMENDMENTS\2016\ZCA-2016-9 Multifamily-Mixed Use Design Guidelines\LUPB Wkshp Memo_MixedUse_7-25-16.docx
Enc: Project Summary
cc: Ben Wolters, Economic & Community Development Director
Charlene Anderson, AICP, Long Range Planning Manager
MOTION: ‘Information Only’
47
“Kent is a safe, connected and beautiful city, culturally vibrant with richly diverse urban centers.”
-Kent City Council Vision for 2025
Project Summary
Multifamily/Mixed Use Design Guidelines Update
Project Objectives:
• Establish urban design patterns and character that meet the goals and policies in the
Comprehensive Plan and the Council’s Strategic Plan.
o Create neighborhood urban centers
o Create connections for people and places
o Beautify Kent
• Contribute to attractiveness and usefulness of the public realm.
• Support the objectives of other zoning code provisions.
• Build stronger and more livable residential and mixed use neighborhoods.
• Increase the overall quality and attractiveness of multifamily and mixed use development.
• Increase pedestrian interest and activity.
Project Components (draft versions to be presented at next workshop):
• Multifamily/Mixed Use Design Guidelines
• Amendments to Kent City Code, Chapters 3 and 15
Existing Related Documents:
• Multifamily Design Guidelines – from 1994, applies to all multifamily buildings
• Mixed use design review – in Kent City Code (all other design guidelines in separate document)
• Downtown Design Guidelines –for Downtown projects only
• Midway Design Guidelines – for Midway area projects only
Issues and Implications:
1. Current guidelines do not reflect Council goals for mixed use, walkability, urban character.
2. Downtown and Midway design review strong; multifamily design review weak. Stronger
guidelines like the Downtown Design Guidelines are needed in other parts of the City as well.
3. Retail viability fluctuates with changes in the market. The need for zoning and design
requirements that can respond to market fluctuations is clear.
4. Design review redundancy in code. Planners only ever apply one design review, so clear
guidance in the code on what guidelines should apply to what types of development would
ensure better consistency and more efficient use of resources.
5. Any code amendment is an opportunity to rectify code sections that aren’t working or have
errors. Design review applicability errors and outdated standards are examples of what will
likely be included in code changes.
48