HomeMy WebLinkAboutCity Council Committees - Land Use and Planning Board - 01/14/2013 (3) ECONOMIC and COMMUNITY DEVELOPMENT
Ben Wolters, Director
PLANNING DIVISION
Fred N. Satterstrom, AICP, Planning Director
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Charlene Anderson, AICP, Manager
KEN T Phone: 253-856-5454
WASHINGTON Fax: 253-856-6454
220 Fourth Avenue S, Kent, WA
98032-5895
AGENDA
LAND USE & PLANNING BOARD
PUBLIC HEARING
JAN UARY 14, 2013
7:00 P.M.
LUPB MEMBERS: Alan Gray, Chair; Barbara Phillips, Vice Chair; Steve Dowell,
Navdeep Gill, Jack Ottini, and Randall Smith
CITY STAFF: Charlene Anderson, AICP, Planning Manager; Katie Graves, Planner;
Assistant City Attorney David Galazin
This is to notify you that the Land Use and Planning Board will hold a
Public Hearing
MONDAY, JANUARY 14, 2013
Kent City Hall, City Council Chambers East and West
220 4th Avenue South, Kent, WA
7:00 P.M.
The public is invited to attend and all interested persons will have an opportunity to
speak. Any person wishing to submit oral or written comments on the proposed
amendment may do so at the hearing or prior to the hearing by email to Katie
Graves at: karaves@kentwa.gov.
The agenda will include the following item(s):
1. Call to order
2. Roll call
3. Approval of the August 13, 2012 Minutes
4. Added Items to Agenda
5. Communications
6. Notice of Upcoming Meetings
7. PUBLIC HEARING:
fZCA-2012-31 KentCitvCodeChapter(KCC)15.07Landscape Regulations
This is a public hearing to consider amendments to the Landscaping
Regulations Code with related amendments to definitions in KCC 15.02.086,
15.02.172 and 15.02.274
8. Short Plat Committee Representation
9. Nomination and Election of Officers
For further information or to obtain copies of the staff report or Agenda for the proposed
amendment contact the Planning Division office at(253) 856-5454. You may submit comments by
emailing Planner Katie Graves at: kgraves@kentwa. 7ov. You may access the City's website for
documents pertaining to the Land Use and Planning Board at:
htto:llkentwa.igm2.com/citizensIDefau/t.asox?DepartmentlD=1004.
Any person requiring a disability accommodation should contact the City Clerk's Office at
253-856-5725 in advance. For TDD relay service call 1-800-833-6388 or the City of Kent Economic&
Community Development directly at(253) 856-5499 (TDD).
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KF LAND USE & PLANNING BOARD
WAS H I N'3To A MINUTES
AUGUST 13, 2012
Land Use & Planning Board Members: Chair Alan Gray, Vice Chair Barbara
Phillips-Absent/Excused, Steve Dowell-Absent/Excused, Navdeep Gill (arrival
recognized at 7:15 pm), Jack Ottini, Randall Smith, and Jim Sturgul.
Chair Gray called the meeting to order at 7:00 p.m.
City Staff: Charlene Anderson, Katie Graves, David Galazin
3. Approval of Minutes
Board member Ottini Moved and Board member Sturgul Seconded a Motion
to approve the June 25, 2012 Minutes. Motion CARRIED 4-0.
4. Added Items None
S. Communications None
6. Notice of Upcoming Meetings
Planning Manager Charlene Anderson informed the Board that the Parking Codes
and Permit Process Regulations amendments had just been considered before the
Economic and Community Development Committee (ECDC). She stated that the
Committee passed these amendments on to the August 21s' City Council Agenda as
approved by the Land Use and Planning Board with one exception related to
notification of pending expiration of permits. Whereby, the Committee supported
having the applications imprinted with a statement that would indicate when an
application would expire.
7.1 Kent City Code (KCC) Chapter 12.05 Amendments fZCA-2012-21
Planner Katie Graves reported that the Land Use and Planning Board (LUPB) held a
workshop on July 23rd to consider minor amendments to the Mobile Home Parks
Code. The amendments update the code for consistency with the permitting process
and procedures, correct definitions and references, and do not revise development
standards for new or existing mobile home parks.
Chair Gray declared the Public Hearing open.
Seeing no speakers, Gill Moved and Smith Seconded a Motion to close the
Public Hearing. Motion Passed 5-0.
After brief deliberations, Sturgul Moved and Smith Seconded a Motion
recommending to the City Council approval of amendments to
[ZCA-2012-2] KCC 12.05 Mobile Home Park Code as recommended by staff.
Motion Passed 5-0.
Adjournment
Ottini Moved and Smith Seconded a Motion to adjourn the meeting. Motion
Passed 5-0.
Chair Gray adjourned the meeting at 7: 15 pm
Charlene Anderson, AICP, Planning Manager
Board Secretary
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ECONOMIC & COMMUNITY DEVELOPMENT
Ben Wolters, Director
PLANNING DIVISION
Fred Satterstrom, AICP, Director
• Charlene Anderson, AICP, Manager
KENT
WASHINGTON Phone: 253-856-5454
Fax: 253-856-6454
Address: 220 Fourth Avenue S.
Kent, WA 98032-5895
December 26, 2012
TO: Chair Alan Gray and Land Use & Planning Board Members
FROM: Katie Graves, Planner
RE: Code Amendments - Landscaping Regulations
[ZCA-2012-3]
For the January 14, 2013 LUPB Hearing
MOTION: Recommend to the City Council approval of amendments to
KCC 15.07, Landscaping Regulations, with related amendments to
definitions in 15.02.086, 15.02.172 and 15.02.274, as recommended by
staff/as modified.
SUMMARY: Local planning legislation arises from many sources - Federal, State or
regional mandates; changes to local community vision; complaints; need for
clarity; updated technologies, business operations or strategies that make existing
codes outdated; conflicts with updated codes in other City departments; and many
others. Planning Services is submitting for Board consideration another group of
potential code amendments, in this case those found in Kent City Code 15.07,
Landscaping Regulations. This section of code has been effective in ensuring that
landscaping needs for development are met; it generally includes appropriate
flexibility and is not difficult to administer or understand. However, some items
need amending to modernize the code, incorporate low impact development
techniques, and provide clarity where there is confusion. Staff presented the items
to the Board at workshops on October 8, 2012, and November 26, 2012.
BACKGROUND: As part of the Council's Strategic Plan related to transforming
regulatory processes, staff presented a draft list of potential code amendments at
the Land Use and Planning Board workshop on July 11, 2011, which included
changes to Chapter 15.07, Landscaping Regulations. The attached code section
includes potential amendments that address the items on the list presented in July,
as well as many other items that have since been deemed appropriate for revision.
In addition, planning staff collaborated with other divisions and departments to
draft some of the amendment language in order to have a landscape code that also
encompasses the goals of other departments. To be consistent with the
amendments proposed in 15.07, amendments to definitions in 15.02.086,
15.02.172 and 15.02.274 are also necessary. These amendments are attached.
Staff will be available at the public hearing to answer questions.
The amendments were determined not to have a significant, adverse environmental
impact, and a Determination of Nonsignificance was issued on November 26, 2012.
RECOMMENDATION: Staff recommends approval of the amendments.
KG/pm S:\Permit\Plan\ZONING_CODE_AMENDMENTS\2012\ZCA-2012-3 KCC 15.07\LUPB\01-14-13\Hrg_StaffRpt.doc
Enc: Attach A:Amendments to KCC 15.07,15.02,Attach B: Decision Document,Attach C: Determination of Nonsignificance,Attach D: Env Checklist
cc: Fred Satterstrom,AICP,CD Director;Charlene Anderson,AICP,Planning Manager; Hope Gibson,Parks Planning&Development Manager;
Shawn Gilbertson,Public Works Environmental Engineer; Matt Knox,Public Works Environmental Engineer Site Manager
Project File
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Attachment A 5
1-14-13 LUPB Hearing
Chapter 15.07
LANDSCAPING REGULATIONS*
Sections:
15.07.010 Purpose.
15.07.020 Landscape plan approval.
15.07.030 Failure to complete required landscaping - Inspection.
15.07.040 General landscape requirements for all zones.
15.07.050 Types of landscaping.
15.07.060 Regulations for specific districts.
15.07.070 Maintenance of landscaping.
*Cross reference(s) - Street trees, ch. 6.10; building codes, ch. 14.01.
15.07.010 Purpose.
A. The provisions of this chapter are to provide minimum standards for landscaping
in order to maintain and protect property values and enhance the general
appearance of the city. It is also the purpose of this chapter to encourage Low
Impact Development (LID) through the use of soil amendments and integration of
landscape areas and LID stormwater management facilities. Landscaping shall be
designed as an integral part of the overall site plan with the purpose of enhancing
building design, public views and spaces, and providing buffers, transitions, and
screening.
B. The planning n9anageF-director shall have the authority to waive specific
requirements or impose additional requirements in unique or special circumstances
to ensure the fulfillment of the stated purpose of this chapter and to allow for
flexibility and innovation of design. Special circumstances or unique conditions shall
be reviewed with the planningmanager-director prior to submittal of a landscape
plan. Examples of special conditions might include:
1. Preservation of unique wildlife habitat.
2. Preservation of natural or native areas.
3. Compliance with special easements.
4. Renovation of existing landscaping.
5. Unique site uses.
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(Ord. No. 3612, § 5, 8-6-02)
15.07.020 Landscape plan approval.
A. A building permit shall not be issued until the landscaping plan has been
approved.
B. At the time of development plan review, thi -planning services shall
review specific landscape requirements with the owner or his representative.
C. Landscape plan review shall be required in the following instances:
1. New construction. New construction is covered by this chapter as follows:
a. Buildings constructed or enlarged.
b. Other structures or use areas constructed or enlarged.
c. Landscape areas constructed or enlarged as follows:
i. If new or adding the equivalent of fifty (50) percent or more
of the existing landscape area, the entire site must meet the
standards of this title.
ii. If adding less than fifty (50) percent of the existing landscape
lot area, only the new portion must meet the standards of this
title.
2. Change in use. When a change of use permit is required, landscaping shall
be provided to meet the standards in this title.
15.07.030 Failure to complete required landscaping — Inspection.
A. Failure to complete all of the required landscaping or any part of it within six (6)
months of the building occupancy, issuance of the certificate of occupancy or
temporary certificate of occupancyor the planning depaFtment final inspection shall
constitute a wing-code violation, in accordance with KCC 1.04.
B. It shall be the responsibility of the project manager or business owner to contact
the-planning services upon completion of the landscaping work and
request an inspection.
C. The pPlanning services may inspect the landscaping upon request of
the project manager or business owner or at any time after the six (6) month
expiration date.
15.07.040 General landscape requirements for all zones.
A. Landscape Development Standards
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1. All ingress or egress easements which provide corridors to the subject lot,
not adjacent to a public right-of-war, shall be considered the same as a
public right-of-way. Landscape requirements for easement corridors shall be
the same as those required adjacent to public rights-of-way.
2. All portions of a lot not devoted to building, future building, parking,
storage, or accessory uses shall be landscaped in a manner appropriate to
the stated purpose of this chapter.
3. All required landscaping areas shall extend to the curbline or the street
edge. A crushed rock path in lieu of landscaping shall be required where
appropriate as determined by the planning department services.
Landscaping located in the right-of-way does not satisfy the
landscape requirements.
4. Required landscape areas which are inappropriate to landscape due to the
existence of rail lines or other features shall be relocated, first, to another lot
line, or second, to an equal-sized area in another portion of the lot, to be
determined by tire-planning department services upon review with the
owner or developer.
5. Landscaping shall not conflict with the safety of those using adjacent
sidewalks or with traffic safety. Safety features of landscaping shall be
discussed at the time of development plan review, if necessary. Crime
Prevention Through Environmental Design (CPTED) principles shall
be used in the development and landscape plan to identify and
incorporate design features that reduce opportunities for criminal
activity to occur.
6.
Required landscaping
may be integrated with LID stormwater management facilities,
where feasible. LID facilities shall not compromise the purpose or
intent of required landscaping and landscaping shall not result in the
disruption of the function of the LID facilities. LID facilities shall be
designed and constructed in accordance with the LID Technical
Guidance Manual for Puget Sound (2005, or as otherwise amended)
and any applicable city codes and standards.
7. The configuration and plant species of landscape areas on a site shall be
designed so as to not disrupt the functions of stormwater systems.
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B. Landscape Requirements for Parking Areas, Buffers, and Screening
1. All parking, maneuvering, and loading areas of over twenty thousand
(20,000) square feet shall have a minimum of ten (10) percent of the
parking area, maneuvering area, and loading space landscaped with Type V
landscaping as a means to reduce the barren appearance of the lot and to
reduce the amount of stormwater runoff. Perimeter landscaping, required
adjacent to property lines, shall not be calculated as part of the ten (10)
percent figure.
2. The perimeter of all parking areas lots which abut residential zones or
uses shall be landscaped in a manner that shields residential zones or
uses from lights and provides aesthetic separation between uses.
This shall include t" minimum depth of thtge-(a} five (5) feet With of
type II landscaping and appropriate fencing (6 foot high solid wood
fence or equivalent), unless otherwise provided by this chapter, or
otherwise approved by the planning director.
3. All property abutting Highway 167 or Interstate 5 shall be landscaped
with Type III landscaping to a minimum depth of ten (10) feet unless a
larger area is required elsewhere in this chapter.
4. All property abutting East Valley Highway between South 180th Street on
the north to the SR167 overpass on the south shall be landscaped with Type
III landscaping to a minimum depth of fifteen (15) feet unless a larger
area is required elsewhere in this chapter.
5. All trash containers shall be screened from abutting properties and streets
by a one hundred (100) percent sight-obscuring fence or wall and
appropriate landscape screen (Type II or III, minimum
three (3) feet wide) that allows for aesthetic improvement without
compromising site safety.
6. All outside storage areas shall be screened by fencing and landscaping a
minimum of five (5) feet in depth unless it is determined by development
plan review that such screening is not necessary, due to storage area
location, existing fencing or landscaping, or because stored materials
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are not visually obtrusive. The fmve (5) food deep 'andscape area-ean
7. Landscaping shall be placed outside of sight-obscuring or one hundred
(100) percent sight-obscuring fences unless it is determined by tie planning
department services that such arrangement would be detrimental to the
stated purpose of this chapter or would compromise site safety.
9. The perimeter of all stormwater detention ponds shall be landscaped to a
minimum depth of ten (10) feet of type II landscaping. If perimeter fencing is
required based on public works department standards, it shall be constructed
of vinyl-coated chainlink or solid screen fencing. The fencing shall be located
between the pond and the landscape area.
C. Landscape Planting Requirements
1. Bark mulch, gravel, or other nonvegetative material shall only be used in
conjunction with landscaping to assist vegetative growth and maintenance or
to visually complement plant material. Nonvegetative material is not a
substitute for plant material.
2. Required landscape areas shall be provided with adequate drainage. All
new landscape areas shall incorporate soil amendments as follows:
the uppermost twelve (12) inches of soil shall be tilled and two (2)
inches of composted material shall be fully incorporated into the
tilled soil; or to specifications as otherwise provided in the
Stormwater Management Manual of Western Washington,
Department of Ecology, August 2012, or as subsequently amended.
Compaction of landscaping areas from vehicles and heavy equipment
shall be avoided after tilling.
3. Slopes shall not exceed a three (3) to one (1) ratio (width to height), in
order to decrease erosion potential and assist in ease of maintenance.
4. Quantity, arrangement, and types of plants installed shall be appropriate
to the size of the required landscape area and purpose of planting area as
noted in KCC 15.07.050 pertaining to types of landscaping.
5. Landscape plans shall include where feasmble a diversity of native,
native adapteds, and drought tolerant, low water use plant species
and ._� promote native wildlife habitat where feasible.
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6. `"tee„4li-rigation systems are incorporated into a landscaping area shall
include rain sensors to promote water conservation the avolmeafft
be4nea
square feet shall have a rninirnurn ef ten (10) percent of the parking area.
maneuvering area, and leading space landscaped as a n9eans te reduee the barren
landscaping, required adjacent te prepeFty 'Ones, shall net be calculated as part e
the ten (19) percent figure.
B. All ingress er egress easements which previde cerriders to the subject I ot, net,
adjacent te a public Fight ef way, shall be eensmEleFeEl the sarne as a public right ef
way. Landscape FeqUiFengents feF easengent eerFiEleFs shall be the sange as these
C. All outsmde storage areas shall be Screened by fencing and landscaping-a-
of five (5) feet in depth unless it is determined by development plan
revoew that such scieening is not necessary because stored materials are not
visually ebtFUsove. The five (5) feet deep landscaped area can eeeuF within the
street right ef way abutting the pFeperty line.
D. All pertmens ef a let net devoted to building, future building, parking, storage, 0
accessery uses shall be landscaped in a manner apprepFiate to the stated Purpose
ef this chapter.
E. All required landscaping areas shall extend te the cuFbione er the street edge. A
crushed reek path On lieu ef landscaping shall be required where apprepriate as
determined by the planning department.
F. Required landscape areas which are inapprepriate te landscape due te the
exmstenEe of ram! imnes or ether features shall be relecated, fmFSt, te anether let line,
er secend, te an equal sized area another portion of the let, tle be determined by
the planning department upon Mth the ewner or developer.
G. Bark nquleh, gravel, eF ether nerivegetative rnatermal shall enly be used
eenjunetmen with landscaping te assist vegetative grewth and maintenance el= te
visually cernplernent plant material. Nerivegetative material is net a substitute fe
plant material.
H. Required landscape areas shall be pFeVmded with adequate drainage.
A. All parking, rnaneu ve, H ivjl and leading areas of ever twenty theusand (20,000)
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chapter.1. Slopes shall net exceed a three (3) te ene (1) ratme (width te height), on erdeF te
3. The peringetei= ef all parking areas whieh abut residential zeries ei= uses shall be
landseaped te a riginingung depth ef three (3) feet with type 11 landseaping unless
etherwise previded by this ehapteF. A sox (6) feet high selid weed eF equivalent
buffering eensistent with the puFpese and intent ef this ehapter. The teFng "adjaeerit
residential pFeperty," fei= purpeses ef this seetieri, shall mean abutting pFeperty,
and lots adjacent te abutting pFeperty.
K. IzanElseapong shall net eenfliet with the safety ef these using adjaeent sidewalks
eF woth traffoe safety. Safety features ef landseaping shall be diseussed at the tinge
L. Quantity, arFangengent, and types ef plants installed shall be apprepFiate te the
size ef the required landseape area and puFpese ef planting area as neted in I(GG
M. All trash centamners shall be screened frem abutting prepertmes and streets by a
ene hundred (100) percent sight ebSCUFong fence er wall and apprepriatem
landseapi
N. Landscaping shall be placed eutside ef sight ebSCUFmng er ene hundred (1-0�
percent sight ebscuring fenEes unless it is determined by the planning department
that such arrangement weuld be detrimental te the stated purpese ef this chapter.
0. All preperty abutting Highway 167 er interstate 5 shall be landscaped te a
minimung depth ef ten (10) feet unless a larger area i's required elsewhere On this
ef fifteen (15) feet unless a larger area is required elsewhere in this chapte-r.-
Q. The use ef native and dreught telerant, lew water use plants shall be
'andseape design plans.
R. Landseape plans shall inelude where feasible a diversity ef native plant speemes
whieh prerriete native wildlife habitat.
S. When OFFigatmen systengs are incerpeFated inte a landscaping area, the applicant
shall prepare a water use and censeFvatmen plan feF review and appreval by the
public weFks department
P. A" prepeFty abutting East Valley Highway between Seuth 189th Street en the
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any 1-equit=ed lands aping ai=eas, subject te appFeval by the planning diFecteF and
-W. The perimeter of all StOFrnwater detention pends shall be landscaped te a
Fninimum depth ef ten (10) feet ef type 11 landscaping. if perimeter fen i - i
required based en public werks department standards, it shall be censtructed e
(Ord. No. 2786, § 5, 6-21-88; Ord. No. 3409, § 44, 7-7-98; Ord. No. 3830, § 18,
3-6-07)
15.07.050 Types of landscaping.
Type I Type II Type III Type IV Type V
Solid Screen Visual Screen Visual Buffer Low Cover Open Area
Purpose Type I Type II Type III Type IV Type V
landscaping landscaping landscaping landscaping landscaping is
is intended to is intended to is intended is intended to primarily
provide a create a to provide provide intended to
solid sight visual visual visual relief visually
barrier to separation separation of where clear interrupt large
totally that is not uses from sight is open spaces of
separate necessarily streets and desired or as parking areas.
incompatible one hundred main a
uses. (100) percent arterials and complement
sight- between to larger,
obscuring compatible more
between uses so as to predominant
incompatible soften the planting
appearance
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uses. of streets, materials.
parking lots,
and building
facades.
Description Type I Type II Type III Type IV Type V
landscaping landscaping landscaping landscaping landscaping
shall consist shall be shall be shall consist shall consist of
of evergreen evergreen or evergreen of a mixture trees planted
trees or tall a mixture of and of evergreen with supporting
shrubs with a evergreen deciduous and shrubs or
minimum and trees planted deciduous ground cover.
height of six deciduous not more shrubs and Each landscape
(6) feet at trees with than thirty ground area shall be of
planting, large shrubs (30) feet on cover, to sufficient size
which will and ground center provide solid to promote and
provide a one cover interspersed covering of protect growth
hundred interspersed with large the entire of plantings,
(100) with the shrubs and landscaping with a one
percent trees. A ground area within hundred (100)
sight- sight- cover. Where three square foot
obscuring obscuring used to M years of minimum area
screen within fence w444 separate planting and and no
twe-Rjthree may parking from to be held to dimension less
years required streets, a maximum than five (5)
from the unless it i3if plantings height of fgetfsee-K-GG
time of determined must create three and
planting; or a by a visual one-half (3 (See alse A and
combination development barrier of at 1/2) feet B be+ew)
of evergreen plan review least forty- fsee
and that such a two (42) definmtme �F
deciduous fence is e-at inches in greund
trees and necessary. height at }.
shrubs , time of
backed by e and C planting and
one hundred belew) form a solid
(100) screen t-w-e
percent f2}three 3
sight- years after
obscuring planting.
fence. ,
Q and G
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be+ew)
Additional requirements are as follows:
(A) Trees shall be a minimum of one and one-half inches at diameter breast height
(dbh) at the time of planting. Evergreen trees shall be an average height of six (6)
feet at planting. Tree spacing shall be as appropriate for the species. Deciduous
Fees shall be the fe e......, sizes based on theiF spacing�
(3) ThFee (3) inch caliper! Thirty (30) feet on cent
(4) Three and ene half (3 1/2) te five (5) inch caliper: Ferty (40) feet en center.
(B) Ground cover means low-growing vegetative materials with a mound or spreading
manner of growth. Spacing is dependent on the type and size of the plant material
and must be adequate to provide total coverage of the landscape area within three
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planting. Ground cover plants, other than grasses, must be at
least the four-inch (4")pot size at time of planting.
(C) Shrubs shall be a minimum of 18 inches in height, or two-gallon size containers,
at the time of planting.
(GD) The plantings and fence must not violate the sight area safety requirements at
street intersections.
(Ord. No. 3409, § 45, 7-7-98)
None.Landscaping regulatiens for specific zening distFiets are as fellows:
A. Residential agr4eultut��, SR 1.
B. Single fami4, residential-, SIR 3 thi=eugh SR
.
Ne
D. Lew density multifafn#y r-esidentiat, MR G.
Hultdami4y residential tewnhouse, MR T.
High density multifamily residential-, MR 1 1.
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1. A n9ininquFn ef ten (10) feet ef landscaping shall be pFevided abutting a public
Fight ef way.
2. E)pen gFeen aFea shall occupy ige less than twenty five (2S) peFeent ef the aFea
ef the-'et.
depth of ten (10) feet-.
4. A mmnornurn of five (5) feet ef foundation landscaping shall be placed along the
perimeter of any multifamily structure. Feundatien landscaping Consists of
shrubbery OF senge etheF cembinatien ef landscape materials that helps to Feduce
the vosual bulk of structures and buffer dwelling units fFE)ng light, glare, and other
heme park code.
F. C-effifflumity eeffiffiereia6 CC.
General cernmereial,-�.
2. A planting StFip net less than five (5) feet On depth shall be pFeVided aleng all
G. Dewntewn , i i DCC.
1. A ngonmmum ef three (3) feet of landscaping te screen eff street parking areas,
placement ef which shall be determined threugh the dewntown design review
2. StFeet tFees on aEeeFdanee with the effiegal tFee plan shall be planted.
1. The peringeter ef pFeperties abutting a residential district shall be landscaped to-a
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3. StFeet tFees on acceFdance with the efficial tFee plan shall be planted.
1. Additienal lands I . - , firements. Landscaping require nts shall be
and shall mnelude the following to soften the appearance of paFkmng areas, building
elevatmens, and separate:
a. The perimeter of prepertmes abutting a single family Fesidential OF mobile herne
park land use shall be landscaped with minimally ten (10) feet ef type 1
landscapi
landscaped with minimally five (5) feet ef type 11 landscaping.
e. The pei=mnqetei= ef pFepei=tmes abutting a public Fight ef way shall be lanElseapeEl
wmth ngonaffially ten (19) feet ef type H! landscaping. The fellewing exeeptiens apply:
0. When a vehoeulai= pail(ing ai=ea abuts such setbaek, a type H! landscape sti=mp With
an avei=age ef twenty (29) feet On depth shall be pFevmded.
When such setback is utilized as a public epen space plaza and not accempanying
parking, ne perimeter landscaping strop shall be reqUmFed.
When such setback is utilized as a public epen space plaza and exceeds thirty
(30) linear feet, street trees shall be PFOVmded as set ferth in the 2009 Design and
Genstruetmen Standards, er as the same may be subsequently amended.
d. The peFometeF ef side PF8peFty 'Ones shall be landscaped with minimally five (5)
feet ef type H! 'and,;--- --H'ess the building is eenStFUeted at the build te line e
preperty line.
1. Additienal landscaping requirements. Landscaping Fequ'Fe nts shall be
a. The peFmmeteF ef pFepeFtmes abutting public paFks, plazas, epen space, eF Multi
PUFpese tFamis shall be landscaped with minimally ten (10) feet ef type H!
landseapi
b. When vehicular parking aFea abuts a public right 11-way - type H! landscaping
StFip minimally five (5) feet On depth shall be pFeVided-.
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StFip nginingally ten (10) feet On depth shall be pFevid
K. Midway eeffiffiereiab�Fesideiqt4a6 MGR.
1. Additional lands firements. Landscaping Fequ'Fe nts shall be
and shall mnelude the following to soften the appeaFance of paFking aFeas, building
a. When buildings abut the FeqUiFed fFent yaFd, a type M landscaping StFip
minimally ten (10) feet On depth shall be previded.
b. When vehieulaF paH(ing aFea abuts a publie Fight ef way, a type H! landseaping
strip minimally fifteen (15) feet On depth shall be pFeVided.
e. When vehieulaF paFl(ing aFea abHts the side pFepeFty lines, a type H! landseaping
e. When vehiculaF paFking aFea abuts the side PFOpeFty lines, a type H! landseaping
Industrial park distr4et� Mi.
1. Ffent ��rd. The fFent twenty (20) feet shall be ifflpFeved with appFepFi
permanently maintained landsr--.--
2. Side ��rd. At 'east fifteen (IS) feet ef the side yaFd shall be landseaped as
1. Frent yard. The frent fifteen (15) feet shall be improved with apprepFiat-e
permanently maintained landsr--.--
2. Side y9rd. At least ten (10) feet ef the side yard shall be landscaped as provided
2. Side �qrd. At least five (5) feet of the side yaFd shall be landscaped as provided
€ellet o n g--.
13
18
a. WheFe buildings abut the FeqUiFed fFent yaFd, a landscape StFip at least fifteen
(15) feet in depth shall be pFevided. WheFe vehiculaF paFking aFeas abut thre
FequiFed fFent yaFd, a landseape StFip at least twenty (20) feet in depth, with aig
bm A landseape StFip at least five (5) feet in depth shall be pFeVided aleng the side
idential diStFiet, a I-------- StFip at least ten (19) feet in depth shall b-e
Fes
e. A landseape StFip ef at 'east fifteen (IS) feet in depth shall be pFeVided aleng side
abut the FeqUiFed side yaFd, an eaFth beFng at least twenty feUF (24) mFgehe.- Hn,
height shall be pFeVided.
dm A landseape StFip ef at 'east five (S) feet mig depth shall be pFeVided aleng all Fea
use, a landseape stFip ef at least ten (19) feet in depth shall be pFevided.
1. Additienal lands firements. Landscaping require nts shall mnelude the
€ollowin
a. A landseape StFip ef at least ten (19) feet in depth shall be pFeVided MR the fFent
yard. if a drive er parking aisle abuts the front yard, the required landscaping shall
be augmented by an earth berm ef at 'east thiFty six (36) inches in height-.
bm A landseape StFip ef at least five (5) feet On depth shall be pFevided aleng the
side pFepeFty lines ef a" independent develepngent sites. NE) landseaping aleng the
side pFepeFty lines shall be FeqUiFed between adjaeent pFepeFtmes vvheFe a eengffien,
adjemning preperties. Where the side preperty line ef a cengmercial use abuts a
Fesidential district er use, a landscape strip ef at least ten (10) feet in depth shall
be previded,
em A landseape StFip ef at least ten (10) feet in depth shall be pFeVided aleng side
pFepeFty lines flanking the StFeet ef a eeFneF let. WheFe vehieulaF dFive aisles E)F
paFking aFeas abut the FequiFed side yaFd, an eaFth bei=ng ef at least twenty feur
(24) height shall be pFevided.
14
19
d. A landscape strip of at least five (5) feet On depth shall be PFOVided along all Fea
pFepeFty 'Ones. WheFe the FeaF pFepeFty line ef a cengmercial use abuts a residential
diStFiet eF use, a landseape stFip ef at least ten (19) feet in depth shall be pFevided.
15.07.060 Regulations for specific districts.
Minimum Perimeter Landscape Planter Width and Type
Zones Abutting Side Rear Abutting Additional requirements
Street Yard Yard Residential
District or Use
L
N/A, (see
h also N A
12.04.245)
IMR-D N A
Open green area shall
occupy no less than twenty
five (25) percent of the
area of the lot.
A minimum of 5' of
foundation landscaping
shall be placed along the
perimeter of any
multifamily structure.
N/A, except for Foundation landscaping
MR-G consists of shrubbery or
MR-T 10' Tvpe III 10' Tvpe 10' Tvpe parking lots some other combination of
MR-M II or III II or III der
15.07.040.B.2 landscape materials that
MR-H helps to reduce the visual
bulk of structures and
buffer dwelling units from
light, glare, and other
environmental intrusions.
Additional reauirements
may apply through
Multifamily Design
Review, 15.09.045.D
KCC
MHP Requirements per Chapter 12.05 KCC
CC
10' Type II,CM 5' Tvpe III N/A N/A and for Darkinalots per N A
GC
0 15.07.040.B.2
15
20
A minimum of 3' of
landscaping to screen off-
street parking areas,
placement of which shall be
determined through the
downtown design review
DC N/A process outlined in KCC
15.09.046. Additional
landscaping or
alternative methods of
screening may be
approved through
downtown design
review.
A minimum of 3' of
landscaping to screen off-
street parking areas,
placement of which shall be
determined through the
10' Tvpe II, downtown design review
DCE N/A and for parking process outlined in KCC
lots per 15.09.046. Additional
15.07.040.B.2 landscaping or
alternative methods of
screening may be
approved through
downtown design
review.
MTC-11
MTC-22
MCR3
MA 20' Tvpe III N/A, except for
15' Type parking lots
in front II or III N A per
M 1 yard 15.07.040.B.2
15' Tvpe III N/A, except for
M2 in front 10' Type N/A parking lots
yard II or III per
15.07.040.B.2
10' Type III N/A except for
5' Type parking lots
M3 in front II or III N A r
yard 15.07.040.B.2
15' or 20' 5' or 15' 5' Tvpe GWC Type III4 Tvpe s s II or III 10, Tvpe II
or III
16
21
5' or 10' ,
NCC 10' Tvpe III Type II 5 Type 10' Tvpe II
orIII5,' II or III
Notes:
1. MTC-1 additional landscaping requirements. Landscaping requirements shall be
determined through the midway design review process outlined in KCC 12.01.040
and shall include the following to soften the appearance of parking areas, building
elevations, and separate:
a. The perimeter of properties abutting a single-family residential or mobile
home park land use shall be landscaped with minimally ten (10) feet of type
I landscaping.
b. The perimeter of properties abutting a multifamily residential land use
shall be landscaped with minimally five (5) feet of type II landscaping.
c. The perimeter of properties abutting a public right-of-way shall be
landscaped with minimally ten (10) feet of type III landscaping. The following
exceptions apply:
i. When a vehicular parking area abuts such setback, a type III
landscape strip with an average of twenty (20) feet in depth shall be
provided.
ii. When such setback is utilized as a public open space plaza and not
accompanying parking, no perimeter landscaping strip shall be
required.
iii. When such setback is utilized as a public open space plaza and
exceeds thirty (30) linear feet, street trees shall be provided as set
forth in the 2009 Design and Construction Standards, or as the same
may be subsequently amended.
d. The perimeter of side property lines shall be landscaped with minimally
five (5) feet of type III landscaping, unless the building is constructed at the
build-to line or property line.
2. MTC-2 additional landscaping requirements. Landscaping requirements shall be
determined through the midway design review process outlined in KCC 12.01.040
and shall include the following to soften the appearance of parking areas, building
elevations, and separate:
a. The perimeter of properties abutting public parks, plazas, open space, or
multi-purpose trails shall be landscaped with minimally ten (10) feet of type
III landscaping.
17
22
b. When vehicular parking area abuts a public right-of-war, a type III
landscaping strip minimally five (5) feet in depth shall be provided.
c. When vehicular parking area abuts the side property lines, a type III
landscaping strip minimally ten (10) feet in depth shall be provided.
3. MCR additional landscaping requirements. Landscaping requirements shall be
determined through the midway design review process outlined in KCC 12.01.040
and shall include the following to soften the appearance of parking areas, building
elevations, and separate:
a. When buildings abut the required front yard, a type III landscaping strip
minimally ten (10) feet in depth shall be provided.
b. When vehicular parking area abuts a public right-of-war, a type III
landscaping strip minimally fifteen (15) feet in depth shall be provided.
c. When vehicular parking area abuts the side property lines, a type III
landscaping strip minimally ten (10) feet in depth shall be provided.
4. Where buildings abut the required front yard, a landscape strip at least fifteen
(15) feet in depth shall be provided. Where vehicular parking areas abut the
required front yard, a landscape strip at least twenty (20) feet in depth shall be
provided.
5. No landscaping along the side property lines shall be required between adjacent
properties where a common, shared driveway with a perpetual cross-access
easement is provided to serve the adjoining properties.
6. A Type III landscape strip of at least fifteen (15) feet in depth shall be provided
along side property lines flanking the street of a corner lot.
7. A Type III landscape strip of at least ten (10) feet in depth shall be provided
along side property lines flanking the street of a corner lot.
(Ord. No. 3050, §§ 8, 9, 7-7-92; Ord. No. 3409, § 46, 7-7-98; Ord. No. 3439, § 5,
2-2-99; Ord. No. 3470, § 13, 8-17-99; Ord. No. 3543, § 11, 2-20-01; Ord. No.
3612, § 6, 8-6-02; Ord. No. 3648, § 8, 7-1-03; Ord. No. 3770, § 13, 11-15-05;
Ord. No. 4011, § 21, 12-13-11)
15.07.070 Maintenance of landscaping.
A. Required. Whenever landscaping is or has been required in accordance with the
provisions of this title or any addition or amendments to this title, or in accordance
with the provisions of any previous code or ordinance of the city, the landscaping
shall be permanently maintained in such a manner as to accomplish the purpose for
18
23
which it was initially required. All landscaping which, due to accident, damage,
disease, lack of maintenance, or other cause, fails to show a healthy appearance
and growth shall be replaced. These requirements also apply to landscaping for LID
stormwater management systems, such as bioretention swales. Failure to
permanently maintain landscaping will result in a code violation, in accordance with
KCC 1.04.
B. Maintenance assurance. To ensure the maintenance of new landscaping, the
planning director may require a performance and maintenance bond or other
acceptable maintenance assurance device, prior to permit issuance. In determining
whether to require such an assurance, the planning director may consider elements
such as the size and complexity of the project, the likelihood of plant survival, and
the likelihood of adequate maintenance. The device shall remain in effect for two
years from the completion of planting. The value of the maintenance assurance
device shall equal at least 125 percent of the total landscape materials plus
installation. If a maintenance assurance device is required, the property owner
shall comply with the following provisions:
1. If the landscaping is not being properly maintained, the property owner
shall be so notified by the city. If after 30 days from the city's notification
the landscaping is still not being maintained then the maintenance device
may be used by the city to perform any type of maintenance or replacement
necessary to ensure compliance with this chapter.
2. The maintenance assurance device shall be accompanied by an agreement
granting the city and its agents the right to enter the property and perform
any necessary work. The agreement shall also hold the city harmless from
all claims and expenses, including attorney's fees.
3. Upon completion of the two-year maintenance period, and if maintenance
has not been performed by the city, the city shall release the maintenance
assurance device.
B. Netice ef vielatien. The planning manager er his eF her designee is hereby
landseaped, eF the agent, tenant, lessee, eF assignee ef any sueh ewnei=, that the
at his last l(newn addFess.
19
24
to cause the Fequiredd maintenance te be dene and previde fer payment of the cost
theFeef, with the cest te be cellected eF taxed against the propeFty affected as
PFOVided on this sect'
from taking action as pFeVided in KCC 15.09-.09-G-.
such owner by the city, and Of so charged shall be due and payable by the owner at
the time of payment ef such bmW
n subseetien (G) ef this seetien, then, an that ease, the planning -----eF eF hiS E)F
the date the WeF!( was dene, and the legal descriptien ef the pFoperty en which the
werk was done. The recerding ef such SWE)Fn statengent shall Eenstitute a lien and
0 ilege en the property, and shall remain in full ferce and effe t for the amount
due On prinEmpal and interest, plus ceurt costs if any, until final payment has been
made. The costs and expenses shall be collected On the manner foxed by law fer the
cellectmen ef taxes and fuFtheF shall be subject te a delinquent penalty of eight (8)
percent per annum if the costs and expenses are net paid On full en eF befere the
date the tax bill upen which the ehaFge appeaFS beceme delinquent. SWeFff
pFinga faeme evidenee that a" legal fE)Fnga'gtmes have been eemplied with and that the
W8Fk has been dene pFepeFly and satisfaeteFily, and shall be full netmee te every
peFSen eeneeFned that the ameunt ef the statement plus interest eenstitutes a
ehaFge against the pFepeFty designated eF deSEFibedd on the statement and that the
ehaFge is due and eelleetible as pFeVided by law.
the FeqUiFed maintenance within the tinge specified in the WFitten netice, eF within
20
25
nterest, and penalties ewed eF assessed PUFSuant te this chapteF, eF the city may
yes
(Ord. No. 3658, § 4, 9-2-03)
15.02.086 Composted material
Composted material means organic solid waste that has undergone biological
degradation and transformation under controlled conditions designed to promote
aerobic decomposition at a solid waste facility in compliance with the state
regulations. Natural decay of organic solid waste under uncontrolled conditions
does not result in composted material. Composted material must contain 40% -
65% organic matter.
i r n2 72 Ground
,
15.02.274 Native adapteds
Native adapteds means noninvasive plant species that have adapted to the
climactic conditions of the Northwest region
S:\Permit\Plan\ZONING_CODE_AMENDMENTS\2012\ZCA-2012-3 KCC 15.07\LUPB\10-8-12\PotentialAmendmentsChapter15.07.doc
21
26
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Attachment B 27
1-14-13 LUPB Hearing
ECONOMIC & COMMUNITY DEVELOPMENT
Ben Wolters, Director
PLANNING DIVISION
11_17KENT Fred N. Satterstrom, AICP, Director
Charlene Anderson, AICP, Manager
W A 5 H I N G T O N
Phone: 253-856-5454
Fax: 253-856-6454
Address: 220 Fourth Avenue S.
Kent, WA 98032-5895
ENVIRONMENTAL REVIEW REPORT
Decision Document
AMENDMENTS TO KENT CITY CODE 15.07, LANDSCAPING REQUIREMENTS
ENV-2012-34, KIVA# RPSA-2123780
Charlene Anderson, AICP Responsible Official
I. PROPOSAL
The City of Kent has initiated a non-project environmental review for this
project which proposes to amend the City of Kent Zoning Code to address
regulations for landscaping requirements.
This project includes a) some minor amendments to Title 15.07, Landscaping
Requirements that provide clarity where there is confusion; and b) more
substantial potential amendments such as:
- Soil Amendments: at the recommendation of Public Works, staff is
proposing that all new landscape areas incorporate soil amendments to
allow for better drainage and plant life. The soil amendments require that
the top 12" of existing soil be tilled and 2" of compost be incorporated into
the tilled soil.
- Crime Prevention Through Environmental Design (CPTED): crime
prevention techniques are to be incorporated into the development and
landscape plan to ensure that the opportunity for criminal activity is
reduced.
- LID (Low Impact Development): staff is proposing language that
encourages the use of LID techniques by allowing required landscaping to
be integrated with LID stormwater management facilities.
- Reorganization: the general landscape requirements section has been
reorganized into three new sections for better use, and the regulations for
specific districts section have been integrated into a chart, which also
includes the types of landscaping that are required for each landscape
area.
- Types of Landscaping: the requirements in this chart have been revised to
allow more time for plants to create solid screens (three years instead of
two), require minimum plant sizes at time of planting, and require plant
spacing to be dependent upon the species.
28
Decision Document
Title 15.07: Landscaping Requirements
Zoning Code Amendment (ZCA-2012-3)
ENV-2012-34 RPSA-2123780
- Maintenance: language has been added that provides the option of
obtaining a landscape maintenance bond.
In addition, related amendments to definitions in 15.02.086, 15.02.172 and
15.02.274 are also proposed.
See attached for proposed potential amendments to Title 15.07 and 15.02.
II. BACKGROUND INFORMATION
Compliance with Kent's Comprehensive Plan, the Washington State Growth
Management Act (GMA), The Local Project Review Act (ESHB 1724 and ESB
6094), Kent's Design and Construction Standards (Ordinance 3927) and
Concurrency Management (Chapter 12.11, Kent City Code) will require
concurrent improvements or the execution of binding agreements by the
Applicant/Owner with Kent to mitigate identified environmental impacts.
These improvements and/or agreements may include improvements to
roadways, intersections and intersection traffic signals, stormwater
detention, treatment and conveyance, utilities, sanitary sewerage and
domestic water systems. Compliance with Kent's Design and Construction
Standards may require the deeding/ dedication of right-of-way for identified
improvements. Compliance with Title 11.03 and Title 11.06 of the Kent City
Code may require the conveyance of Sensitive Area Tracts to the City of Kent
in order to preserve trees, regulate the location and density of development
based upon known physical constraints such as steep and/or unstable slopes
or proximity to lakes, or to maintain or enhance water quality. Compliance
with the provisions of Chapter 6.12 of the Kent City Code may require
provisions for mass transit adjacent to the site.
In addition to the above, Kent follows revisions to the Washington State
Environmental Policy Act, Chapter 197-11 WAC (effective November 10,
1997), which implements ESHB 1724 and ESB 6094.
III. ENVIRONMENTAL ELEMENTS
A. Earth
The Proposal may impact all zoning districts city wide. Affected zones
include a wide range of developed and undeveloped properties. Areas
in the Kent valley are generally described as flat and properties on
east or west hill of Kent may be flat, slightly sloped, or have steep
slopes.
Landscaping projects are subject to appropriate local, state and federal
permits which will be acquired at the time of implementation. Though
erosion hazards are limited in the area, potential exists whenever soils
are exposed. Projects will be subject to the City of Kent standards for
erosion and sedimentation controls to minimize off-site soil transport.
Page 2 of 5
29
Decision Document
Title 15.07: Landscaping Requirements
Zoning Code Amendment (ZCA-2012-3)
ENV-2012-34 RPSA-2123780
Specific environmental impacts and appropriate mitigation measures
will be determined at the time of individual project implementation.
B. Air
While adoption of the Proposal is a non-project action, amendments to
the landscaping code are not expected to have a significant impact on
air quality, dust, or vehicle vapors. Specific environmental impacts
and appropriate mitigation measures will be assessed at the time of
application for projects.
C. Water
The Proposal is city-wide, which includes many drainage basins,
creeks, lakes, and the Green River.
The city contains wetlands of various categories as defined by Kent
City Code Section 11.06.
Construction activities are regulated by the adopted codes of the City
of Kent, currently the 1998 King County Surface Water Design Manual
and the 2002 City of Kent Surface Water Design Manual.
D. Plants and Animals
This proposal is not anticipated to have an effect on plants or animals.
If applicable, specific environmental impacts and appropriate
mitigation measures related to plants and animals will be determined
at the time of individual landscaping project implementation.
E. Energy and Natural Resources
This proposal is not anticipated to have an effect on energy and
natural resources.
F. Aesthetics, Noise, Light and Glare
This proposal is not anticipated to have an effect on noise, light, and
glare. Current city codes regulate impacts to neighboring properties.
Aesthetics may be improved with implementation of landscaping
projects.
G. Land and Shoreline Use
Adoption of the Proposal is a non-project action that is not anticipated
to have significant environmental impacts. The proposal is city wide
and applies to all zones and comprehensive plan designations.
Some zoning districts are located in shoreline jurisdiction, including
areas along the Green River, Lake Fenwick, Lake Meridian, Green River
Natural Resource Area, Springbrook creek, and associated wetlands.
Impacts to these shorelines are not anticipated. Although this is a
nonproject action, future development will be required to meet the
Page 3 of 5
30
Decision Document
Title 15.07: Landscaping Requirements
Zoning Code Amendment (ZCA-2012-3)
ENV-2012-34 RPSA-2123780
standards and regulations of the City of Kent Shoreline Master
Program.
H. Housing
The proposal will not impact housing availability.
I. Recreation
Although parks are located throughout this city, impacts to recreation
are not anticipated.
J. Historic and Cultural Preservation
Although this is a nonproject action, if archeological materials are
discovered with site work for any project action, the application must
stop work and notify the State Department of Archaeology and
Historical Preservation.
K. Transportation
The Washington State Legislature created the Commute Trip Reduction
(CTR) Law in 1991 with the goals of reducing traffic congestion, air
pollution and petroleum consumption. This law requires major
employers to encourage their employees to use commute alternatives
such as transit, carpools, bicycles, walking, compressed work weeks,
telecommuting, and flexible work schedules to reduce drive alone
commute trips during the peak congestion periods. Additionally, the
City is considering regulatory amendments to comply with State laws
regarding the permitting of electric vehicle charging stations. The City
addresses the growing demand for transit service by requiring that the
Applicant accommodate the needs for transit as expressed by King
County Metro Transit.
Significant traffic impacts are not anticipated.
L. Public Services
Adoption of the Proposal is a non-project action that is not anticipated
to have significant impacts on public services.
M. Utilities
Adoption of the Proposal is a non-project action that is not anticipated
to have significant impacts on utilities.
IV. SUMMARY AND RECOMMENDATION
A. It is appropriate per WAC 197-11-660 and RCW 43.21C.060 that the
City of Kent establish conditions to mitigate any identified impacts
associated with this proposal. Supporting documents for the following
conditions and mitigating measures include:
Page 4 of 5
31
Decision Document
Title 15.07: Landscaping Requirements
Zoning Code Amendment (ZCA-2012-3)
ENV-2012-34 RPSA-2123780
1. City of Kent Comprehensive Plan as prepared and adopted
pursuant to the State Growth Management Act;
2. The Shoreline Management Act (RCW 90.58) and the Kent
Shoreline Master Program;
3. Kent City Code Section 7.07 Surface Water and Drainage Code;
4. City of Kent Transportation Master Plan, Green River Valley
Transportation Action Plan and current Six-Year Transportation
Improvement Plan;
5. Kent City Code Section 7.09 Wastewater Facilities Master Plan;
6. City of Kent Comprehensive Water Plan and Conservation
Element;
7. Kent City Code Section 6.02 Required Infrastructure
Improvements;
8. Kent City Code Section 6.07 Street Use Permits;
9. Kent City Code Section 14.09 Flood Hazard Regulations;
10. Kent City Code Section 12.04 Subdivisions, Binding Site Plans,
and Lot Line Adjustments;
11. Kent City Code Section 12.05 Mobile Home Parks and 12.06
Recreation Vehicle Park;
12. Kent City Code Section 8.05 Noise Control;
13. City of Kent International Building and Fire Codes;
14. Kent City Code Title 15, Zoning;
15. Kent City Code Section 7.13 Water Shortage Emergency
Regulations and Water Conservation Ordinance 2227;
16. Kent City Code Sections 6.03 Improvement Plan Approval and
Inspection Fees;
17. Kent City Code Section 7.05 Storm and Surface Water Utility;
18. City of Kent Comprehensive Sewer Plan;
19. City of Kent Fire Master Plan; and
20. Kent City Code Chapter 11.06, Critical Areas.
B. It is recommended that a Determination of Nonsignificance (DNS) be
issued for this non-project action.
KENT PLANNING SERVICES
November 19, 2012
KG:jm\S:\Permit\Plan\Env\2012\2123780ENV-2012-34decision.doc
Page 5 of 5
32
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Attachment C 33
1-14-13 LUPB Hearing
•
KENT
WASH I N G T O N
CITY OF KENT
DETERMINATION OF NONSIGNIFICANCE
Environmental Checklist No. #ENV-2012-34 Project Amendments to Kent
#RPSA-2123780 City Code 15.07,
Landscaping Requirements
Description: The City of Kent has initiated a non-project environmental review for
this project which proposes to amend the City of Kent Zoning Code to address
regulations for landscaping requirements.
This project includes a) some minor amendments to Title 15.07, Landscaping
Requirements that provide clarity where there is confusion; and b) more substantial
potential amendments such as:
- Soil Amendments: at the recommendation of Public Works, staff is proposing that all
new landscape areas incorporate soil amendments to allow for better drainage and
plant life. The soil amendments require that the top 12" of existing soil be tilled and
2" of compost be incorporated into the tilled soil.
- Crime Prevention Through Environmental Design (CPTED): crime prevention
techniques are to be incorporated into the development and landscape plan to
ensure that the opportunity for criminal activity is reduced.
- LID (Low Impact Development): staff is proposing language that encourages the
use of LID techniques by allowing required landscaping to be integrated with LID
stormwater management facilities.
- Reorganization: the general landscape requirements section has been reorganized
into three new sections for better use, and the regulations for specific districts
section have been integrated into a chart, which also includes the types of
landscaping that are required for each landscape area.
- Types of Landscaping: the requirements in this chart have been revised to allow
more time for plants to create solid screens (three years instead of two), require
minimum plant sizes at time of planting, and require plant spacing to be dependent
upon the species.
- Maintenance: language has been added that provides the option of obtaining a
landscape maintenance bond.
In addition, related amendments to definitions in 15.02.086, 15.02.172 and 15.02.274
are also proposed.
Applicant Katie Graves, City of Kent Planning Services
Lead Agency CITY OF KENT
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
34
Determination of Nonsignificance
Amendments to Kent City Code 15.05,
Off-Street Parking & Loading Requirements
ENV-2012-9, KIVA# RPSA-2121348
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 197-11-340(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 4:30 p.m., December 10,
2012. This DNS is subject to appeal pursuant to Kent City Code section
11.03.520.
Responsible Official Charlene Anderson, AICP
Position/Title Planning Manager / SEPA OFFICIAL
Address 220 S. Fourth Avenue, Kent, WA 98032 Telephone: (253) 856-5454
Dated November 26, 2012 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
jm\S:\Permit\Plan\Env\2012\2123780dns.doc
2 of 2
Attachment D 35
1-14-13 LUPB Hearing Planning Services
Location: 400 W. Gowe • Mail to. 220 4t''Avenue South -, Kent WA 98032-5895
Permit Center(253-856-5302 FAX: (253)856-6412
40 www.ci.kent.wa.us/permitcenter
\S7 ■
KENT WASH (� Environmental Checklist
iH 'DH
Application Form
Public Notice Board and
Application Fee...See Fee Schedule
TO BE COMPLETED BY STAFF: r �/'
APPLICATION #: ENV-2012-34 KIVA#: 2123780
RECEIVED BY: DATE: PROCESSING FEE:
A. STAFF REVIEW DETERMINED THAT PROJECT:
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 Impact Statement will be prepared.
An Environmental Impact Statement for this project has already been
prepared.
L1 ,1�'
Signature of Responsible Official Date
B. COMMENTS:
C. TYPE OF PERMIT OR ACTION REQUESTED:
D. ZONING DISTRICT: `�
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TO BE COMPLETED BY APPLICANT:
A. BACKGROUND INFORMATION:
1. Name of Project: Amendments to Title 15.07 — Landscaping
Requirements (ZCA-2012-3)
2. Name of Applicant: City of Kent Planning Services
Mailing Address: 220 4th Ave S, Kent, WA 98032
Contact Person: Katie Graves Telephone:253-856-5454
(Note that all correspondence will be mailed to the applicant listed
above.)
3. Applicant is (owner, agent, other):
4. Name of Legal Owner: n/a Telephone:
Mailing Address:
5. Location. Give general location of proposed project (street address,
nearest intersection of streets and section, township and range).
City wide
6. Legal description and tax identification number
a. Legal description (if lengthy, attach as separate sheet):
n/a
b. Tax identification number:
n/a
7. Existing 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).
All commercial, industrial, and multifamily developments are required
to meet standards outlined in Kent City Code 15.07 for landscaping,
including where and what should be planted.
8. Site Area: n/a
Site Dimensions: n/a
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):
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This project includes a) some minor amendments to Title 15.07,
Landscaping Requirements that provide clarity where there is
confusion; and b) more substantial potential amendments such as:
- Soil amendments: at the recommendation of Public Works,
staff is proposing that all new landscape areas incorporate soil
amendments to allow for better drainage and plant life. The
soil amendments require that the top 12" of existing soil be
tilled and 2" of compost be incorporated into the tilled soil.
- Crime Prevention Through Environmental Design (CPTED):
crime prevention techniques are to be incorporated into the
development and landscape plan to ensure that the
opportunity for criminal activity is reduced.
- LID (Low Impact Development): staff is proposing language
that encourages the use of LID techniques by allowing
required landscaping to be integrated with LID stormwater
management facilities.
- Reorganization: the general landscape requirements section
has been reorganized into three new sections for better use,
and the regulations for specific districts have been integrated
into a chart, which also includes the types of landscaping that
are required for each landscape area.
- Types of Landscaping: the requirements in this chart have
been revised to allow more time for plants to create solid
screens (three years instead of two), require minimum plant
sizes at time of planting, and require plant spacing to be
dependent upon the species.
- Maintenance: language has been added that provides the
option of obtaining a landscape maintenance bond.
See attached for proposed potential amendments to Title 15.07.
10. Schedule: Describe the timing or schedule (include phasing and
construction dates, if possible).
Public hearing on amendments at the Land Use and Planning Board in
December 2012, consideration by Economic and Community
Development Committee in January 2013, adoption by City Council in
February 2013.
11. Future Plans: Do you have any plans for future additions, expansion
or further activity related to or connected with this proposal? If yes,
explain.
no
12. Permits/Approvals: 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.
DATE
AGENCY PERMIT TYPE SUBMITTED* NUMBER STATUS**
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n/a
*Leave blank if not submitted
**Approved, denied or pending
13. Environmental Information: List any environmental information you
know about that has been prepared, or will be prepared, directly
related to this proposal.
n/a
14. Do you know whether applications are pending for governmental
approvals of other proposals directly affecting the property covered by
your proposal? If yes, explain.
n/a
B. ENVIRONMENTAL ELEMENTS
1. Earth
a. General description of the site (circle one): Flat, rolling, hilly, steep
slopes, mountainous, other:
The City consists of the Green River Valley and East and West Hills.
Terrain varies from flat to steep slopes.
b. What is the steepest slope on the site (approximate percent slope)?
n/a
c. What general types of soils are found on the site (for example, clay,
sand, gravel, peat, muck)? If you know the classification of agricultural
soils, specify them and note any prime farmland.
n/a
d. Are there surface indications or history of unstable soils in the immediate
vicinity? If so, describe.
n/a
e. Describe the purpose, type and approximate quantities of any filling or
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grading proposed. Indicate source of fill.
Although this is a nonproject action, the construction of landscaping
areas may require some grading and filling, specifically tilling of the soil
and importing compost for soil amendments.
f. Could erosion occur as a result of clearing, construction, or use? If so,
generally describe.
Although this is a nonproject action, the construction of landscaping
areas may require some clearing and new planting.
g. About what percent of the site will be covered with impervious surfaces
after project construction (for example, asphalt or buildings)?
n/a
h. Proposed measures to reduce or control erosion, or other impacts to the
earth, if any.
n/a
2. Air
a. 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? If any, generally describe and give
approximate quantities if known.
n/a
b. Are there any off-site sources of emissions or odor that may affect your
proposal? If so, generally describe.
n/a
c. Proposed measures to reduce or control emissions or other impacts to
air, if any.
n/a
3. Water
a. Surface:
1) Is there any surface water body on or in the immediate vicinity of
the site (including year-round and seasonal streams, saltwater,
lakes, ponds, wetlands)? If yes, describe type and provide
names. If appropriate, state what stream or river it flows into.
Areas city-wide contain streams, wetlands, lakes, ponds, and
rivers.
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2) Will the project require any work over, in or adjacent to(within 200
feet) the described waters? If yes, please describe and attach
available plans.
n/a: No amendments to the Shoreline Management Program
(which governs activities within 200 feet of significant shorelines)
are proposed.
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. Indicate the source of
fill material.
n/a: no amendments to critical areas code are proposed.
4) Will the proposal require surface water withdrawals or diversions?
Give general description, purpose, and approximate quantities, if
known.
n/a
5) Does the proposal lie within a 100-year floodplain? If so, note
location on the site plan.
Portions of the city lie within the 100-year floodplain.
6) Does the proposal involve any discharges of waste materials to
surface waters? If so, describe the type of waste and anticipated
volume of discharge.
n/a
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.
n/a
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.
n/a
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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?
If so, describe.
n/a
2) Could waste materials enter ground or surface waters? If so,
generally describe.
n/a
d. Proposed measures to reduce or control surface,ground,and runoff
water impacts, if any:
Although this is a nonproject action, LID techniques may be used
to mitigate runoff for construction projects.
4. Plants
a. Check or circle types of vegetation found on the site: n/a
Deciduous tree: alder, maple aspen, other
Evergreen tree: fir, cedar, pine, other
Shrubs
Grass
Pasture
Crop or grain
Wet soil plants: cattail, buttercup, bulrush, skunk cabbage, other
Water plants: water lily, eelgrass, milfoil, other
Other types of vegetation
b. What kind and amount of vegetation will be removed or altered?
n/a
c. List threatened or endangered species known to be on or near the site.
n/a
d. Proposed landscaping, use of native plants, or other measures to
preserve or enhance vegetation on the site, if any:
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Although this is a nonproject action, the construction of new landscape
areas are required to use native, native adapteds, and drought tolerant
plants.
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: n/a
Birds: hawk, heron, eagle, songbirds, other:
Mammals: deer, bear, elk, beaver, other:
Fish: bass, salmon, trout, herring, shellfish, other:
b. List any threatened or endangered species known to be on or near the
site.
Areas in Kent contain threatened or endangered species (such as bald
eagles).
c. Is the site part of a migration route? If so, explain.
Kent is part of the Pacific Flyway for migratory birds.
d. Proposed measures to preserve or enhance wildlife, if any:
Landscaping is encouraged to promote wildlife habitat where feasible.
The city also has a critical areas ordinance that addresses impacts to
wildlife habitat.
6. Energy and Natural Resources
a. 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.
n/a
b. Would your project affect the potential use of solar energy by adjacent
properties? If so, generally describe.
n/a
c. 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:
n/a
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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? If so, describe.
1) Describe special emergency services that might be required.
n/a
2) Proposed measures to reduce or control environmental health
hazards, if any:
n/a
b. Noise
1) What types of noise exist in the area which may affect your
project (for example: traffic, equipment operation, other)?
n/a
2) What types and levels of noise would be created by or associated
with the project on a short-term or a long-term basis(for example:
traffic, construction, operation,other)? Indicate what hours noise
would come from the site.
n/a
3) Proposed measures to reduce or control noise impacts, if any:
n/a
8. Land and Shoreline Use
a. What is the current use of the site and adjacent properties?
n/a
b. Has the site been used for agriculture? If so, describe.
n/a
c. Describe any structures on the site.
n/a
d. Will any structures be demolished? If so, what?
n/a
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e. What is the current zoning classification of the site?
City-wide; all zones
f. What is the current comprehensive plan designation of the site?
City-wide; all designations
g. If applicable,what is the current shoreline master program designation of
the site?
Some zones located in shoreline jurisdictions.
h. Has any part of the site been classified as an "environmentally sensitive"
area? If so, specify.
Sensitive areas (such as wetlands, streams, steep slopes) are located
city-wide in various zones
i. Approximately how many people would reside or work in the completed
project?
n/a
j. Approximately how many people would the completed project displace?
n/a
k. Proposed measures to avoid or reduce displacement impacts, if any:
n/a
I. Proposed measures to ensure the proposal is compatible with existing
and projected land uses and plans, if any.
Landscape areas are built to support land uses — those land uses will
have to be compatible with zoning code and existing/projected land uses.
9. Housing
a. Approximately how many units would be provided, if any? Indicate
whether high, middle, or low income housing.
n/a
b. Approximately how many units, if any, would be eliminated? Indicate
whether high, middle, or low income housing.
n/a
c. Proposed measures to reduce or control housing impacts, if any.
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n/a
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?
n/a
b. What views in the immediate vicinity would be altered or obstructed?
n/a
c. Proposed measures to reduce or control aesthetic impacts, if any.
Although this is a nonproject action,the construction of landscape areas
may improve aesthetics.
11. Light and Glare
a. What type of light or glare will the proposals produce? What time of day
would it mainly occur?
n/a
b. Could light or glare from the finished project be a safety hazard or
interfere with views?
n/a
c. What existing off-site sources of light or glare may affect your proposal?
n/a
d. Proposed measures to reduce or control light and glare impacts, if any.
Landscaping code requires plantings between incompatible uses to
mitigate light and glare from other sources.
12. Recreation
a. What designated and informal recreational opportunities are in the
immediate vicinity?
n/a
b. Would the proposed project displace any existing recreational uses? If
so, describe.
n/a
c. Proposed measures to reduce or control impacts on recreation, including
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recreation opportunities to be provided by the project or applicant, if any.
n/a
13. Historic and Cultural Preservation
a. Are there any places or objects listed on, or proposed for, national, state
or local preservation registers known to be on or next to the site? If so,
generally describe.
n/a
b. Generally describe any landmarks or evidence of historic, archaeological,
scientific, or cultural importance known to be on or next to the site.
n/a
c. Proposed measures to reduce or control impacts, if any.
n/a
14. Transportation
a. Identify public streets and highways serving the site, and describe
proposed access to the existing street system. Show on site plans, if any.
n/a
b. Is site currently served by public transit? If not, what is the approximate
distance to the nearest transit stop?
n/a
c. How many parking spaces would the completed project have? How
many would the project eliminate?
n/a
d. Will the proposal require any new roads or streets, or improvements to
existing roads or streets, not including driveways? If so, generally
describe (indicate whether public or private).
n/a
e. Will the project use(or occur in the immediate vicinity of)water, rail, or air
transportation? If so, generally describe.
n/a
f. How many vehicular trips per day would be generated by the completed
project? If known, indicate when peak volumes would occur.
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g. Proposed measures to reduce or control transportation impacts, if any.
nIa
15. Public Services
a. Would the project result in an increased need for public services (for
example:fire protection, police protection, health care,schools, other)? If
so, generally describe.
nla
b. Proposed measures to reduce or control direct impacts on public
services, if any.
nla
16. Utilities
a. Circle utilities currently available at the site: electricity, natural gas,water,
refuse service, telephone, sanitary sewer, septic system, other.
nla
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.
nla
C. SIGNATURE
The above answers are true and complete to the best of my knowledge. 1
understand that the lead agency is relying on them to make its decision.
Signature: -;k�/
Date: _
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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 extent the proposal,or the
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?
Landscaping to support development is not anticipated to increase
discharge to water, emissions to air, production, storage, or release of
toxic or hazardous substances, or production of noise.
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?
Landscaping is encouraged to promote wildlife habitat where feasible.
Existing city codes address any impacts to fish or marine life.
3. How would the proposal be likely to deplete energy or natural resources?
The proposal is unlikely to affect energy or natural resource depletion.
Proposed measures to protect or conserve energy and natural resources
are:
n/a
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 affect energy or natural resource depletion.
Development is not usually permitted in sensitive areas.
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Proposed measures to protect such resources or to avoid or reduce
impacts are:
Existing codes protect these resources.
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?
The proposal is unlikely to affect existing land use plans. Flexibility in
landscape standards may promote development consistent with goals
and policies for an urban growth area.
Proposed measures to avoid or reduce shoreline and land use impacts
are:
n/a
6. How would the proposal be likely to increase demands on transportation
or public services and utilities?
The proposal is unlikely to increase demands on transportation, public
services, and utilities.
Proposed measures to reduce or respond to such demand(s) are:
n/a
7. Identify, if possible,whether the proposal may conflict with local, state, or
federal laws or requirements for the protection of the environment.
The proposal is unlikely to conflict with other laws or requirements for the
protection of the environment.
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