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HomeMy WebLinkAboutCity Council Committees - Land Use and Planning Board - 10/28/2019 (2) Unless otherwise noted, the Land Use and Planning Board meets at 7 p.m. on t he second and fourth Mondays of each month in the Kent City Hall, Council Chambers East, 220 Fourth Avenue South, Kent, WA 98032. For additional information please contact Tanya Kosen at 253-856-5461, or email Tanya Kosen at TKosen@KentWA.gov. Any person requiring a disability accommodation should contact the City Clerk’s Office at 253-856-5725 in advance. For TDD relay service call Washington Telecommunications Relay Service at 7-1-1. Land Use and Planning Board Agenda Board Members: Paul Hintz, Chair Katherine Jones, Vice Chair - Gwen Allen-Carston - Shane Amodei - Frank Cornelius - Dale Hartman - Ali Shasti Monday, October 28, 2019 7:00 p.m. Item Description Action Speaker Time 1. Call to Order Chair 01 MIN. 2. Roll Call Chair 01 MIN. 3. Approval of October 14, 2019 Minutes YES Chair 05 MIN. 4. Changes to the Agenda Chair 01 MIN. 5. Sign Code Amendment YES Kaelene Nobis, Planner 15 MIN. 6. Transportation Master Plan Update NO April Delchamps 30 MIN. 7. Adjournment Chair 01 MIN. Page 1 of 3 Pending Approval Land Use and Planning Board Land Use Regular Meeting Minutes October 14, 2019 Date: October 14, 2019 Time: 7:00 p.m. Place: Chambers Attending: Paul Hintz, Chair Katherine Jones, Vice Chair Gwen Allen-Carston, Shane Amodei, Frank Cornelius, Dale Hartman, Ali Shasti Agenda: 1. Call to Order 7:00 p.m. Attendee Name Title Status Arrived Paul Hintz Chair Present Katherine Jones Vice Chair Present Gwen Allen-Carston Present Shane Amodei Present Frank Cornelius Absent Dale Hartman Excused Ali Shasti Excused 3. Approval of Minutes dated September 9, 2019 MOTION: Move to approve the Minutes dated September 9, 2019 RESULT: APPROVED [UNANIMOUS] MOVER: Katherine Jones, Vice Chair SECONDER: Gwen Allen-Carston AYES: Hintz, Jones, Allen-Carston, Amodei ABSENT: Cornelius EXCUSED: Hartman, Shasti 4. Changes to the Agenda 5. Ordinance Amending Chapter 15.09 KCC and the 2009 Design and Construction Standards (Naden Relocation and Street Standards) - Adopt The City is preparing to sell property formerly acquired for a facility it is no longer feasible to build. Part of the anticipated property development is a rebuilt street, Naden Avenue. There are several standards with overlapping jurisdiction that might apply to the new Naden Avenue; the proposed 3 Packet Pg. 2 Mi n u t e s A c c e p t a n c e : M i n u t e s o f O c t 1 4 , 2 0 1 9 7 : 0 0 P M ( O P E N S E S S I O N ) Land Use and Planning Board Land Use Regular Meeting Minutes October 14, 2019 Kent, Washington Page 2 of 3 ordinance would clarify the street standard by adding a new detail for Naden Avenue South. The ordinance will also clarify City expectations more broadly by adding cross references between varying sets of adopted standards that relate to infrastructure improvements in downtown Kent. These include the 2009 Design and Construction Standards including the Downtown Overlay, and the Downtown Design Guidelines. Finally, this proposal will amend the 2009 Design and Construction Standards to allow latecomer agreements for streets. Latecomers agreements allow developers who build infrastructure that serves theirs and other nearby properties to recoup some of the construction costs when those other properties develop. The city has long allowed latecomers agreements for sewer and water main extensions, and it appears that excluding streets was an oversight that should be corrected. Kathy Johnson asked if Latecomers Agreements are a regular tool that other jurisdictions use. Matt Gilbert explained that it is a very common practice. MOTION: Adopt Ordinance No. ______ amending Chapter 15.09 of the Kent City Code and the 2009 Design and Construction Standards to clarify applicability of standards and establish a street design standard for future relocation of Naden Avenue. RESULT: RECOMMENDED TO COMMITTEE OF THE WHOLE [UNANIMOUS] Next: 10/22/2019 4:00 PM MOVER: Gwen Allen-Carston SECONDER: Katherine Jones, Vice Chair AYES: Hintz, Jones, Allen-Carston, Amodei ABSENT: Cornelius, Hartman EXCUSED: Shasti 6. Adult Family Homes Zoning Code Amendment Erin George presented proposed Zoning Code amendments relating to adult family homes, also referred to as group homes. Staff have received complaints from residents about such facilities and other room rental situations, primarily related to the number of residents, the number of cars, and living conditions. Ms. George explained state laws relating to adult family homes - namely that cities must allow them in all residential and commercial zones - but also licensing and inspection requirements for providers, as enforced by DSHS. Ms. George outlined existing city code and its shortcomings, highlighting the overly broad definition of group homes and the outdated definition of boarding homes. She explained staff recommended code changes to address these shortcomings by narrowing the group homes definition and referencing the state definition of “adult family home,” renaming boarding homes as “short-term rentals,” and adding a new category called “communal residences” to address long-term room rentals. Associated regulations would 3 Packet Pg. 3 Mi n u t e s A c c e p t a n c e : M i n u t e s o f O c t 1 4 , 2 0 1 9 7 : 0 0 P M ( O P E N S E S S I O N ) Land Use and Planning Board Land Use Regular Meeting Minutes October 14, 2019 Kent, Washington Page 3 of 3 require city business licenses for all these uses, proof of any required state licenses, and limitations on the number of rooms that may be rented in short-term rentals and communal residences. Adult family homes would be limited to 6 residents per the state definition. Paul Hintz asked if the excessive car problem has been looked at from the position of limiting vehicles per household. Ms. George explained that staff had considered that approach, but decided the health and safety concerns relating to living conditions could not be ignored and could better be addressed (along with parking issues) by regulating the uses themselves. Shane Amodei asked if Short-Term Rentals and Communal Residences will be a part of the Rental Housing Inspection Program. Ms. George explained that the program is in its 1st year of a 3 year inspection cycle and currently is limited to apartments and attached housing types. However after 3 years, staff will evaluate the potential for expanding to other housing types. Clarification was requested regarding how Business Licenses are screened. Ms. George explained that business licenses are currently administered by Finance Customer Service and simply involve application and payment of the license fee. Starting next year, Planners will also get routed business licenses to review for Zoning Code compliance, which would include the regulations in the proposed ordinance if adopted. MOTION: Recommend City Council approve the code amendment for Adult Family Homes as presented by staff. RESULT: RECOMMENDED TO COMMITTEE OF THE WHOLE [UNANIMOUS] Next: 11/12/2019 4:00 PM MOVER: Katherine Jones, Vice Chair SECONDER: Gwen Allen-Carston AYES: Hintz, Jones, Allen-Carston, Amodei ABSENT: Cornelius, Hartman EXCUSED: Shasti 7. Adjournment 7:55 p.m. Tanya Kosen Committee Secretary 3 Packet Pg. 4 Mi n u t e s A c c e p t a n c e : M i n u t e s o f O c t 1 4 , 2 0 1 9 7 : 0 0 P M ( O P E N S E S S I O N ) ECONOMIC AND COMMUNITY DEVELOPMENT COMMITTEE Kurt Hanson, Economic and Community Development Director 220 Fourth Avenue S, Kent, WA 98032 253-856-5454 DATE: October 28, 2019 TO: Land Use and Planning Board FROM: ECD SUBJECT: Sign Code Amendment MOTION: Recommend City Council approve the code amendment related to signage as presented by staff. SUMMARY: Two recent court rulings pertaining to city regulation of signs have resulted in the need for Kent to update its sign regulations found in KCC 15.02 and 15.06 (Zoning Code) and KCC 6.07.020 and 050 (Public Works street use standards). These court cases relate to free speech and establish limitations on cities’ ability to regulate signs based on content. Staff presented an overview of the potential changes at the April 22, 2019 LUPB meeting. BACKGROUND: A content-based restriction is a regulation based upon topic, idea or message. In 2015 the U.S Supreme Court ruled in the case of Reed v. Town of Gilbert that when a municipality regulates the content of signs, those regulations are subject to strict judicial scrutiny, the highest constitutional hurdle, which requires a municipality to show that the content-based restrictions further a compelling governmental interest and are narrowly tailored to that end. Prior to Reed, many cities had sign codes with different regulations for size, location, and duration that were applicable depending on the type of sign (i.e. political signage, ideological signage, non-commercial event signs, etc.). Following Reed, cities could, to a certain extent, no longer distinguish between sign types based on the content. If a sign needed to be read to determine the applicable regulations, those regulations could be found to be an unconstitutional restriction of free speech. Subsequently, the Ninth Circuit Court of Appeals ruling in Contest Promotions v. City and County of San Francisco determined that cities can regulate commercial signage differently than those related to non-commercial speech. The Court determined that, while non-commercial signs were entitled to the highest level of constitutional protection and regulations of such would be reviewed under the “strict scrutiny” test, commercial signs will receive less protection and regulations of such will be reviewed under “intermediate scrutiny.” The Contest Promotions case allows cities within the Ninth Circuit to distinguish between rules for 5 Packet Pg. 5 commercial and non-commercial signage for the purpose of furthering a substantial government interest. Planning and Legal staff have reviewed the existing sign code regulations found in KCC 15.02, 15.06, 6.07.020 and 6.07.050 for compliance with these court cases and found them to be generally compliant because most of Kent’s signage is correctly regulated based on zoning, location, size and duration. However, some of our temporary sign regulations contain content-based language that needs revisions. Planning staff also identified outdated references and verbiage in need of clarification as summarized below: 1. Definitions: Removed sign types found problematic, i.e. political and nonpolitical campaign signage. Added a definition for Electronic Messaging Center and changed definition of Temporary Sign. 2. Portable Signs: Moved portable signs out of Title 6 (Public Works) and into Title 15 (Zoning Code) for ease of use. Added portable sign regulations for private property and real estate to match allowance in right-of-way. 3. General Restrictions: Added sign material requirements. Added restrictions for electronic messaging centers. Moved institutional signage (i.e. schools and churches) from the general section to the residential section in order to limit glare impacts when located in residential areas, while applying existing commercial standards when located in commercial zones. Increased sign area allowed for institutional uses in residential zones per applicant feedback and to make consistent with the sign area allowed for multi-family residential. 4. Cleanup: Cleanup throughout related to outdated position titles, process, duplicative language and formatting changes. Staff will be available at the hearing to present information and answer questions. BUDGET IMPACT: None SUPPORTS STRATEGIC PLAN GOAL: Thriving City, Evolving Infrastructure, Sustainable Services ATTACHMENTS: 1. Sign code_ Proposed revisions (PDF) 5 Packet Pg. 6 6.07.020 Definitions. The following words and phrases, wherever used in this chapter, shall have the meanings ascribed to them in this section except where otherwise defined and unless the context shall clearly indicate to the contrary: A. Abutting property means and includes property bordering upon and contiguous to a public place. B. Applicant means any person or entity applying for the issuance or renewal of a street use permit or any person or entity that has been issued a street use permit. C. Banner means any pliable canvas or cloth sign material or holiday or festival decor such as garland or similar decor stretched over or across any public place. D. Director means the director of public works or the director’s designee including Kent City Code enforcement officials. E. Driveway means that portion of a public place which provides vehicular access to abutting property through a depression in the constructed curb or, when there is no constructed curb, that area in front of such abutting property as is well-defined or that is designated by authorized signs or markings. F. Motorist information follow through sign means a supplemental sign erected or installed to direct motorists to a qualifying business that provides services of specific interest to the traveling public. G. Portable sign means a sign which is not permanently affixed to the ground or to a building or structure and which may be easily moved. HG. Public place means and includes streets, avenues, ways, boulevards, drives, places, alleys, sidewalks, planting (parking) strips, squares, triangles, and other rights-of-way open to the use of the public, and the space above or beneath the surface of same. This definition specifically does not include streets, alleys, ways, planting strips, and sidewalks which have not been deeded, dedicated, or otherwise permanently appropriated to the public for public use. IH. Sidewalk cafe means a portion of a public sidewalk on which tables and chairs are placed for the use of patrons while consuming food and/or beverages, including liquor as defined in RCW 66.04.010, served by a cafe, restaurant, or tavern located on abutting property. 5.a Packet Pg. 7 At t a c h m e n t : S i g n c o d e _ P r o p o s e d r e v i s i o n s ( 2 0 3 8 : S i g n C o d e A m e n d m e n t ) JI. Sidewalk display means a display of goods and wares on a public sidewalk for retail sale to the public by the owner or manager of a business upon abutting property, which products are being offered for sale inside the business. KJ. Sidewalk vending unit or vending unit means a movable cart or similar device that is operated from a fixed location on a public way from which food, beverages (excluding liquor), flowers, plants, and/or merchandise are provided to the public with or without charge. The provisions of this chapter shall not apply to mobile caterers, generally defined as person(s) engaged in the business of transporting food and beverages in motor vehicles to residential, business, and industrial establishments pursuant to prearranged schedules, and dispensing items from the vehicles for retail sale to the personnel of such establishments. LK. Sign means any medium, including its structure and component parts, which is used or intended to be used out of doors to attract attention to the subject matter for advertising, identification, or informative purposes. ML. Special events means carnivals, fairs, festivals, parades, and other similar short-term uses of public places. NM. Use means and includes, but is not limited to, the following types of uses: to conduct a parade or other similar event upon any public place; to operate any sidewalk display, cafe, or restaurant, or any food cart or other similar vending unit upon any public place; to construct, store, erect, place, maintain, or operate in, upon, over, or under any public place any sidewalk cafe, food cart, or restaurant, staging, scaffold, structure, or material, machinery, or tools used or to be used in connection with the erection, alteration, repair, or painting of any building; or to move any building across or along any public place; or to use or occupy any public place for the storage or placement of any material, equipment, or thing; or to allow any vehicle to be upon that portion of roadway designated as parking or curb space for purposes of selling or soliciting in addition to merely parking; or to open, excavate, or in any manner disturb or break the surface or foundation of any permanent pavement of a public place; or to alter the established grade of any street; or to disturb the surface of, dig up, cu t, excavate, or fill in any public place; or to construct, reconstruct, maintain, or remove any sidewalk or crosswalk, pavement, sewers, water mains, grading, street lighting, or appurtenances thereto, except when permitted by ordinance; or to do any work in, or erect any structure under, along, or over, any public place and other such uses. ON. Vending means the commercial sale of food, beverages (excluding liquor), flowers, plants, and/or merchandise only from a sidewalk vending unit upon public ways of the city of Kent. “Vending” does not include 5.a Packet Pg. 8 At t a c h m e n t : S i g n c o d e _ P r o p o s e d r e v i s i o n s ( 2 0 3 8 : S i g n C o d e A m e n d m e n t ) liquor as defined in RCW 66.04.010, tobacco, firearms, munitions, or any article which a minor is prohibited by law from purchasing, or any materials restricted by the fire code from direct access or handling by the public. (Ord. No. 3471, § 1, 8-17-99; Ord. No. 3534, § 1, 12-5-00; Ord. No. 4095, § 1, 12-10-13) 6.07.050 Signs. The following provisions shall apply to the placement of signs on public places: A. Signs may be placed on a public place without a permit only as follows: 1. Portable signs. Portable signs as defined herein may be placed on a public place without a permit upon the following conditions: a. The location of the sign shall not reduce or obstruct pedestrian passage on the sidewalk to less than four (4) feet to the nearest street trees, utility poles, traffic control signs and devices, parking meters, fire hydrants, buildings and other similar devices and structures. Furthermore, such placement shall be consistent with any applicable standards established by the Americans with Disabilities Act and shall not obstruct vehicular traffic or parking or the use of any crosswalk, wheelchair ramp, bus, or taxi zone. b. No portable signs shall be installed or placed upon power poles, telephone poles, street light standards, sign posts, trees, traffic controllers, markers, on any railing, bridge, overpass, street, crosswalk, public building, or lawn or open area surrounding any public building. c. No portable sign shall be placed within ten (10) feet of a driveway, wheelchair ramp, crosswalk, or intersection or placed or situated on a public place in such a way as to constitute a threat to the health, safety and welfare of the public or interfere with the use of the public place. d. Portable signs shall be installed so that the top of the sign does not exceed an elevation of thirty- six (36) inches higher than the height of the sidewalk, bike path or walkway. Where these improvements do not exist, the thirty-six (36) inch height limitation shall be measured from the highest edge of the street, alley or driveway. e. Portable signs shall be constructed of weather-resistant wood, metal or plastic. Canvas, cardboard and paper signs are prohibited. 5.a Packet Pg. 9 At t a c h m e n t : S i g n c o d e _ P r o p o s e d r e v i s i o n s ( 2 0 3 8 : S i g n C o d e A m e n d m e n t ) f. Attachment of paper, plastic, balloons, or cardboard to a sign is not permitted if such attachment extends the approved height or width of the sign. g. Portable signs shall not be weighted down, or otherwise attached to public property in such a way as to resist impact by a traveling vehicle, bicycle or pedestrian. 2. Political campaign signs. Political campaign signs may be placed on a public place without a permit; except, however, no sign shall be placed or situated on a public plac e in such a way as to constitute a threat to the health, safety and welfare of the public or interfere with the use of the public place. Owners of political campaign signs shall be responsible for their post-election removal within seven (7) days following the date of the election for which the campaign signs were displayed. For general and primary elections, it is a rebuttable presumption that the post-election period extends to January 1st of the year of said election(s). 3. Banners. Banners may be placed on a public place only by permit pursuant to the provisions of this chapter. 4. Other. All other signs are prohibited on public places for private purposes and on any equipment, facilities and structures located upon public places, including, but not limited to, power poles, telephone poles, street light standards, sign posts, trees, traffic controllers, markers, railings, bridges, overpasses, and public buildings. 5. Removal. Owners of signs and banners displayed for temporary events shall be responsible for their removal within seven (7) days following the last date of the event or the activity for which the signs were displayed. BA. Motorist information signs may be placed in the public right-of-way, subject to the following conditions: 1. The city is authorized to permit erection of motorist information follow through signs, in conformance with the requirements of this chapter, adjacent to city streets or roads. The applicant is responsible for manufacturing the sign panel and submitting it to the city. Upon the director’s approval of an application for a street use permit the city shall erect and maintain the motorist information follow through sign. The applicant is responsible for the initial installation cost, and the city shall thereafter charge an annual administration and maintenance fee of one hundred dollars ($100.00). 5.a Packet Pg. 10 At t a c h m e n t : S i g n c o d e _ P r o p o s e d r e v i s i o n s ( 2 0 3 8 : S i g n C o d e A m e n d m e n t ) 2. The applicant must be a qualifying business eligible for specific information signs pursuant to the Washington State Department of Transportation Motorist Information Sign Program, Chapter 47.42 RCW, and Chapter 468-66 WAC, as the same may be amended, and must have a primary motorist information sign currently erected on a nearby state highway. 3. Motorist information follow through signs and their locations shall comply with all applicable provisions of this chapter; Sections 131 and 315 of Title 23, United States Code; Chapter 47.42 RCW; Chapter 468-66 WAC; and such regulations as may be adopted by the Washington State Department of Transportation, including but not limited to the Manual on Uniform Traffic Control Devices for Streets and Highways. 4. Motorist information follow through signs shall be located no more than five hundred (500) feet in advance of any required turn. 5. The location of other traffic control devices shall take precedence over the location of a motorist information follow through sign. 6. The logo sign panel on a motorist information follow through sign shall be a duplicate of the logo sign panel displayed on the authorized motorist information sign erected on the nearby state highway. 7. Motorist information follow through signs for multiple qualifying businesses may be combined into one (1) sign assembly; provided, that the assembly contain no more than four (4) logo sign panels. 8. Appropriate legends, such as directional arrows or messages indicating direction, shall be displayed with the logo sign panel to provide property guidance. The directional legend and border shall be white and shall be displayed on a blue background. 9. The letter height for the service category indicated on the motorist information follow through sign shall not exceed six (6) inches. The letter height used on the logo for the business name shall not exceed four (4) inches. CB. Violations. In addition or as an alternative to the remedies provided in this chapter, the director may remove or relocate signs which are placed on a public place in violation of the provisions of this section, or which the director determines, in his or her discretion, constitute a threat to the health, safety and welfare of the public or interfere with the use of the public place. (Ord. No. 3471, § 1, 8-17-99; Ord. No. 3534, § 1, 12-5-00; Ord. No. 4095, § 2, 12-10-13) 5.a Packet Pg. 11 At t a c h m e n t : S i g n c o d e _ P r o p o s e d r e v i s i o n s ( 2 0 3 8 : S i g n C o d e A m e n d m e n t ) 15.02 Definitions 15.02.350 Sign. 15.02.355 Sign area. 15.02.360 Sign height. 15.02.365 Sign, abandoned. 15.02.370 Sign, advertising. 15.02.375 Sign, business. 15.02.380 Sign, canopy. 15.02.385 Sign, construction. 15.02.390 Sign, directional or informational .15.02.390.1 Sign, Electronic Messaging Center 15.02.395 Sign, flashing. 15.02.400 Sign, freestanding. 15.02.403 Sign, freestanding monument. 15.02.405 Sign, gate or entrance. 15.02.410 Sign, identification. 15.02.415 Sign, illuminated. 15.02.420 Sign, indirectly illuminated. 15.02.425 Sign, institutional. 15.02.430 Sign, off-premises. 15.02.435 Sign, on-premises. 15.02.440 Sign, painted. 15.02.445 Sign, political. 15.02.450 Sign, portable. 15.02.455 Sign, projecting. 15.02.460 Sign, roof. 15.02.465 Sign, rotating. 15.02.470 Sign, subdivision. 15.02.475 Sign, temporary. 15.02.480 Sign, wall. 5.a Packet Pg. 12 At t a c h m e n t : S i g n c o d e _ P r o p o s e d r e v i s i o n s ( 2 0 3 8 : S i g n C o d e A m e n d m e n t ) 15.02.485 Sign, window. 15.02.390.1 Sign, Electronic Messaging Center: Electronic Messaging Center Sign means a variable message sign that utilizes computer-generated messages or some other electronic means of changing copy. These signs include displays using incandescent lamps, LED’s, LCD’s or PDP’s 15.05.445 Sign, Political Political sign means a sign advertising a candidate for political office or a measure scheduled for election. 15.02.480 Sign, Temporary Temporary sign means a sign intended to advertise community or civic projects, construction projects, real estate for sale or lease, or other special events on a temporary basis.be displayed for a limited period of time. Chapter 15.06 SIGN REGULATIONS* Sections: 15.06.010 Purpose. 15.06.020 Scope. 15.06.030 Prohibited signs. 15.06.040 General restrictions and limitations for all districts. 15.06.050 Regulations for specific districts. 15.06.060 Regulations for Public Places and City Right of Way 15.06.070 Structural safety and maintenance of signs. 15.06.080 Administrative procedures. *Cross reference(s) – Building code, ch. 14.01. 15.06.030 Prohibited signs. The following signs are prohibited in all districts within the municipal boundaries of the city, except as specifically allowed as temporary signs: 5.a Packet Pg. 13 At t a c h m e n t : S i g n c o d e _ P r o p o s e d r e v i s i o n s ( 2 0 3 8 : S i g n C o d e A m e n d m e n t ) A. Banners, streamers, pennants, and balloons. B. Any sign using the words “stop,” “look,” or “danger,” or any other word, symbol, or character which might confuse traffic or detract from any legal traffic control devices. C. Stationary motor vehicles, trailers, and related devices used to circumvent the intent of this chapter. D. Signs which are pasted or attached to utility poles, trees, fences, or other signs, or to rocks or natural features. E. Signs within seventy-five (75) feet of the public right-of-way which are animated, revolving more than eight (8) revolutions per minute, blinking or flashing, except public service signs such as those which give the time, temperature, and humidity. F. Roof signs. G. All lighted signs which are adjacent to and directed toward a residential district and which detract from the welfare of the residential district. H. Portable signs, except temporary signs as permitted under KCC 15.06.040(Q). 15.06.040 General restrictions and limitations for all districts. A. Sign Material: All signs must be made of durable and weather resistant wood, stone, masonry, metal or plastic material. B . Electronic Messaging Center Sign: Electronic messaging centers are allowed in any non-residential zone, except as provided by 15.06.050 (A)(4) subject to the allowed sign area for each property. Electronic message centers shall not contain video, animation, blinking or flashing messages or images, and shall not change message more than eight (8) times per minute. C.Signs in street right-of-way or future street right-of-way. No sign shall be located in or project into the present or future right-of-way of any public street unless such location or projection is specifically authorized by other provisions of this section.. BD. Signs interfering with sight distance. No sign shall be so designed or constructed as to interfere with the sight distance of motorists proceeding on or approaching adjacent streets, alleys, driveways, or parking areas, or of pedestrians proceeding on or approaching adjacent sidewalks or pedestrian ways. 5.a Packet Pg. 14 At t a c h m e n t : S i g n c o d e _ P r o p o s e d r e v i s i o n s ( 2 0 3 8 : S i g n C o d e A m e n d m e n t ) CE. Signs over driveways. No sign suspended over or projecting into the area above a driveway located on private property shall be situated at a height of less than fifteen (15) feet above the surface of the driveway. DF. Signs over public sidewalks and pedestrian ways. No sign suspended over or projecting into the area above a public sidewalk or pedestrian way shall be situated at a height of less than eight and one-half (8 1/2) feet above the surface of the sidewalk or pedestrian way, and no sign may project more than seventy-five (75) percent of the distance between the property line and the curbline except for signs attached to the underside of a canopy or other architectural projection. EG. Directional signs. Directional signs and signs indicating entrances, exits, service areas and parking areas shall be excluded from the sign provisions of this title, and may be erected on private property upon approval of the building director, traffic engineer, and planning divisions director. These signs shall not contain advertising or promotional information, and may be restricted in size. FH. Removal of signs on closure of business. Upon the closure and vacation of business or activity, the owner of the business or activity shall have one hundred twenty (120) days from the date of closure to remove all signs related to the business or activity. GI. Window signs. Window signs shall be considered as a sign and computed as part of the aggregate sign area and number of signs. Any painted-over window shall be considered as a wall. The following signs, if used in the specified manner, are not computed as part of the aggregate sign area and do not require a permit: 1. Decals indicating credit cards honored. 2. Banners or posters on the inside of windows. Such signs may be used in conjunction with national advertising programs, or as weekly marketing specials, or as decorations customary for special holidays. HJ. Painted signs. Signs painted on exterior wall, window, or structure of any kind shall be computed as part of the aggregate sign area and number of signs. IK. Barber poles. In addition to any other signs authorized by the provisions of this chapter, any barbershop shall be entitled to display a barber pole. The design of the pole and its location and manner of erection shall be subject to the approval of the building services divisiondirector. J.L Credit card signs. Signs indicating credit cards honored may be displayed in window areas only. Such signs are not computed as part of the aggregate sign area and do not require a permit. 5.a Packet Pg. 15 At t a c h m e n t : S i g n c o d e _ P r o p o s e d r e v i s i o n s ( 2 0 3 8 : S i g n C o d e A m e n d m e n t ) K. Institutional signs. For churches, schools, hospitals, public facilities and institutional uses, one (1) double- faced freestanding or wall identification sign is permitted for each street frontage. The sign may have an aggregate area of one (1) square foot for each ten (10) lineal feet of street frontage. However, each use is guaranteed a minimum sign area of twelve (12) square feet per display face regardless of street frontage. The sign may be illuminated. Freestanding symbols of sculpture used as identification may be permitted with the approval of the planning department. Wall signs, lettering, or symbols may also be approved by the planning department. LM. Gate or entrance sign. Gate or entrance signs may be permitted, and may be located in public rights-of- way, if approved by the planning public works department. MN. Community bulletin board. Subdivisions and residential communities may be allowed to erect a permanent structure as a community bulletin board if approved by the building and planning divisiondirectors. NO. Business hours signs. Signs stating business hours shall be excluded from the provisions of this title, and may be erected upon private property if approved by upon the approval of the building director and planning director divisions. These signs shall not contain advertising or promotional information. Maximum number permitted shall be one (1) per entrance, with a maximum size of four (4) square feet. OP. Public service signs. Nonadvertising or nonpromotional signs may be erected as a public service to the community by public service clubs or other nonprofit organizations. Such signs may be located in any zone upon approval by the building and planning directors divisions. PQ. Real estate signs. Real estate signs are permitted as follows. No sign permit is required. 1. Residential uses. a. Single-family dwellings and duplexes. One (1) real estate sign shall be permitted for each street frontage of a lot. The sign may have two (2) faces, shall not exceed a height of five (5) feet above the surface of the street unless placed in a window, shall not exceed an area of four (4) square feet per face, and shall be unlighted. b. Multiple-family dwellings. One (1) real estate sign shall be permitted for each street frontage of a development. The sign shall not exceed an area of twelve (12) square feet, shall be attached flat against a principal building, shall not project above the eave of the roof or the top of the parapet of the building, and shall be unlighted. 5.a Packet Pg. 16 At t a c h m e n t : S i g n c o d e _ P r o p o s e d r e v i s i o n s ( 2 0 3 8 : S i g n C o d e A m e n d m e n t ) 2. Commercial and industrial uses. One (1) real estate sign shall be permitted for each public entrance, but there shall not be more than four (4) signs per lot. The sign shall not exceed an area of eight (8) square feet, shall be attached flat against the building or freestanding, shall not project above the eave of the roof or the top of the parapet of the building, and shall be unlighted. 3. Unimproved acreage. One (1) real estate sign shall be permitted for each lot. The sign shall not exceed an area of one-fourth (1/4) square foot for each foot of lot frontage and shall not in any event exceed fifty (50) square feet. The sign shall not exceed a height of ten (10) feet above the surface of the nearest street, and shall be unlighted. 4. Portable Signs. Portable signs are allowed for limited duration sales events such as open houses, on the premises for sale and in the right-of-way pursuant to KCC 15.06.060. Owners of such signs shall be responsible for their removal within seven (7) days following the last date of the sales event. QR. Temporary signs. Temporary signs may be authorized by the planning department for a time period specified for each type of temporary sign. 1. Temporary subdivision or apartment signs. A temporary real estate sign declaring a group of lots, dwellings, or occupancies within a subdivision or apartment complex for sale or rent shall be permitted subject to the following conditions: a. One (1) such sign shall be permitted for each street frontage of the premises being sold or leased. The sign shall be located on the premises being sold or leased. b. The area of such signs shall not exceed an area of twenty-five (25) square feet each. c. The signs shall not exceed a height of ten (10) feet above the level of the street. d. The signs shall be unlighted. e. The signs shall not interfere with the sight distance of pedestrians and motorists proceeding on or approaching adjacent streets. 5.a Packet Pg. 17 At t a c h m e n t : S i g n c o d e _ P r o p o s e d r e v i s i o n s ( 2 0 3 8 : S i g n C o d e A m e n d m e n t ) f. The signs may remain as long as the project remains unsold or unleased, or for one (1) year, whichever period shall be lesser; provided, however, that the planning director shall have the authority to extend the time period one (1) year. 2. Nonpolitical campaign signs. Temporary nonpolitical signs announcing a campaign, drive, or event of a civic, philanthropic, educational, or religious organization may be allowed upon any lot. Such signs may be posted thirty (30) days prior to the event, drive, campaign, etc. All such signs shall be collectively subject to the fifty dollar ($50) deposit. Such signs shall be removed within seven (7) days after the event, drive, campaign, etc. 32. Construction signs. One (1) sign identifying a project under construction shall be permitted for each street frontage of the building or structure under construction. The sign may contain the name of the building contractor and his subcontractors, the architect, and the engineer. The sign shall be permitted during the period of construction, and shall not exceed a total of fifty (50) square feet for all faces. 43. Grand openings and special events signs. Special permits may be issued by the planning department for a period not to exceed thirty (30) days for banners, and streamers, and temporary or portable signs for special events such as carnivals, outdoor affairs and sales, grand openings, and events of a similar nature. 4. Portable signs. Portable signs may be placed on private property without a permit only as follows: a) A portable sign shall be made of weather resistant wood, metal or plastic and shall be no greater than thirty-six (36) inches wide by thirty-six (36) inches tall. Canvas, fabric cardboard and paper signs are prohibited. b) Not more than two (2) portable signs may be utilized per business . No commercial uses are allowed offsite portable signs in residential zones, except as allowed by KCC 15.06.040(Q)(4) and 15.06.060. c) Portable signs shall not be placed within 10 feet of a driveway, wheelchair ramp, crosswalk, or situated in such a way as to constitute a threat to the health, safety and welfare of the public. a)d) Owners of signs related to a limited duration event shall be responsible for their removal within 7 days after the termination of the event. 5.a Packet Pg. 18 At t a c h m e n t : S i g n c o d e _ P r o p o s e d r e v i s i o n s ( 2 0 3 8 : S i g n C o d e A m e n d m e n t ) b)e) Portable signs advertising a property actively for sale are governed by KCC 15.06.040(Q)(4). RS. Off-premises signs. 1. Authorized. The total number of off-premises sign structures allowed within the city of Kent shall not exceed the total number of off-premises sign structures in existence as of the effective date of the ordinance codified in this subsection.1 Off-premises sign structures shall be inventoried by the city. In order to assist the city in its inventory, the owner of any off-premises sign located within the city shall, to the best of its ability, provide the city with information as to the dates of installation, repair, or alteration of the owner’s off-premises signs within the city and no repair, alteration, or replacement of any such off-premises sign may occur until such information is provided to the city. Subject to any permitting requirements, any person, firm, or corporation who owns or maintains off-premises sign structures within the city of Kent shall be authorized to alter, repair, maintain, and relocate their off-premises sign structures in existence as of the effective date of the ordinance codified in this subsection. As unincorporated areas are annexed to the city of Kent, the total number of off-premises sign structures in the area annexed will constitute an addition to the number authorized in the city of Kent and shall be added to the inventory and shall be eligible to be relocated. To the extent the provisions of KCC 15.08.100(F) are inconsistent with this subsection (R)(1), the provisions of this subsection shall prevail. 2. Districts where permitted. Off-premises signs are permitted in M1, M2, and M3 districts. Off- premises signs not in one of the above zones shall be categorized as legal nonconforming signs. A sign structure authorized to be relocated pursuant to subsection (R)(1) of this section may only be relocated to an M1, M2, or M3 zoning district. The owner of an off-premises sign shall have two (2) years to relocate an inventoried off-premises sign that has been removed under the authority of a demolition permit. A one (1) year extension may be granted by the city planning director in instances where relocation cannot be undertaken due to circumstances beyond the control of the owner of the off-premises sign to be relocated. 3. Standards. a. Maximum size. As of the effective date of the ordinance codified in this subsection, the maximum size per sign face is three hundred (300) square feet. 5.a Packet Pg. 19 At t a c h m e n t : S i g n c o d e _ P r o p o s e d r e v i s i o n s ( 2 0 3 8 : S i g n C o d e A m e n d m e n t ) b. Maximum height. Maximum height is thirty-five (35) feet. c. Distance from any intersection. Off-premises signs shall be located a distance of three hundred (300) feet from any intersection. d. Double-faced signs. An off-premises sign structure may contain up to two (2) sign faces arranged either back-to-back or in a V-shape arrangement. The use of tri-vision panels on a sign face shall not in itself constitute additional sign faces. e. Spacing. Not more than four (4) sign structures per one thousand (1,000) lineal feet are permitted. 4. Permits. Off-premises signs shall not be altered with regard to size, shape, orientation, height, or location without the prior issuance of a building permit. Ordinary maintenance shall not require building permits. Off-premises sign copy replacement may occur at any time and is exempt from the requirement for building permits. 5. Tri-vision panels. Subject to applicable permitting requirements, the allowable faces on off- premises sign structures listed on the official city of Kent off-premises sign inventory may contain tri-vision panels which rotate, subject to KCC 15.06.030(E). Tri-vision panels are the only type of moving parts authorized on off-premises signs. 6. Unpermitted signs. Owners of off-premises signs that have unpermitted tri-vision panels as of the date of the ordinance codified in this subsection shall have one (1) year from the effective date of the ordinance enacting this provision to apply for and obtain permits for such. 7. Electronic video signs prohibited. Off-premises signs that contain electronic video displays similar to or otherwise depicting a television screen are prohibited. 8. Hazard or nuisance. All off-premises signs, together with all of their supports, braces, guys and anchors, shall be kept in good repair and in a proper state of preservation and safety. If an off-premises sign is determined by the Kent building official to be in a state of disrepair so as to constitute a safety hazard or a nuisance as defined by the building code or Kent City Code, the building official may initiate enforcement proceedings pursuant to KCC 15.10.070. 9. Enforcement. Any violation of the provisions of this subsection (R) shall be subject to enforcement pursuant to KCC 15.10.070. 5.a Packet Pg. 20 At t a c h m e n t : S i g n c o d e _ P r o p o s e d r e v i s i o n s ( 2 0 3 8 : S i g n C o d e A m e n d m e n t ) S. Portable A-frame sandwich board signs. 1. A portable A-frame or similarly designed sign which is no greater than thirty-six (36) inches wide by forty-two (42) inches tall. a. Not more than two (2) sandwich board signs may be utilized by retail uses in the M1 districts. They are not permitted in any other districts. b. Portable A-frame sandwich board signs are permitted to be placed on the business premises. c. Portable A-frame sandwich board signs placed on the business premises shall be in lieu of portable signs placed on the public right-of-way. d. The planning department shall develop procedures for processing such sign applications. T. Stadium signs. One double-faced freestanding or wall identification sign is allowed for each street frontage. The sign may have an aggregate area of one (1) square foot for each ten (10) lineal feet of street frontage, up to a maximum sign area of two hundred (200) square feet per display face. However, each stadium is guaranteed a minimum sign area of twelve (12) square feet per display face regardless of street frontage. The sign may be illuminated. The sign may include on each regulated display face advertising on up to forty (40) percent of the total square footage for that display face. The maximum height of a freestanding sign shall be twenty (20) feet. U. Motorist information follow through signs. Motorist information follow through signs may be located in the public right-of-way when permitted pursuant to KCC 6.07.050(BA). (Ord. No. 3093, § 1, 2-16-93; Ord. No. 3501, § 2, 2-1-00; Ord. No. 3706, § 3, 8-17-04; Ord. No. 4095, § 4, 12-10-13) 15.06.050 Regulations for specific districts. In all districts the planning director shall have the option to waive sign type requirements in unique and special cases where, due to building design or other special circumstance, the development is unable to conform to stated standards. 5.a Packet Pg. 21 At t a c h m e n t : S i g n c o d e _ P r o p o s e d r e v i s i o n s ( 2 0 3 8 : S i g n C o d e A m e n d m e n t ) A. Signs permitted in residential districts. 1. Identification signs for single-family dwellings and duplexes. One identification sign shall be permitted for each occupancy. The sign shall not exceed an area of three square feet, shall not exceed a height of six feet above the surface of the street, shall be attached directly to a building, fence, standard, or mailbox, and shall be unlighted or provided with indirect illumination. Home occupations shall not be allowed additional sign area. 2. Identification signs for multifamily dwellings. One identification sign shall be permitted for each development, except that multifamily dwellings with more than one street frontage may be allowed an additional sign for each street frontage of such lot. Each sign shall not exceed an area of 25 square feet, may be a wall or freestanding sign, shall be unlighted or indirectly lighted, and shall not exceed a height of six feet above the ground if freestanding. 3. Farm product identification signs. No permit is required, but such signs may not be located in the public right-of-way. 4. Institutional signs. For institutional uses allowed in single family zones, one (1) double-faced freestanding or wall identification sign is permitted for each street frontage. The sign may have an aggregate area of one (1) square foot for each ten (10) lineal feet of street frontage. However, each use is guaranteed a minimum sign area of 25 twenty square feet per display face regardless of street frontage. The sign shall be unlighted or indirectly illuminated. The sign may be an electronic messaging center subject to the restrictions of KCC 15.06.040 (B). Freestanding symbols of sculpture used as identification may be permitted with the approval of the planning and building divisions. Freestanding signs and symbols of sculpture shall not exceed the maximum height of the underlying zoning district. Wall signs, lettering, or symbols may also be approved by the planning department. 15.06.060 Regulations for Public Places and City Right- Of Way. Signs may be placed on a public place without a permit only as follows: 1. Portable signs. Portable signs as defined herein may be placed on a public place without a permit upon the following conditions: a. The location of the sign shall not reduce or obstruct pedestrian passage on the sidewalk to less than four (4) feet to the nearest street trees, utility poles, traffic control signs and devices, parking 5.a Packet Pg. 22 At t a c h m e n t : S i g n c o d e _ P r o p o s e d r e v i s i o n s ( 2 0 3 8 : S i g n C o d e A m e n d m e n t ) meters, fire hydrants, buildings and other similar devices and structures. Furthermore, such placement shall be consistent with any applicable standards established by the Americans with Disabilities Act and shall not obstruct vehicular traffic or parking or the use of any crosswalk, wheelchair ramp, bus, or taxi zone. b. No portable signs shall be installed or placed upon power poles, telephone poles, street light standards, sign posts, trees, traffic controllers, markers, on any railing, fence, bridge, overpass, street, crosswalk, public building, or lawn or open area surrounding any public building. c. No portable sign shall be placed within ten (10) feet of a driveway, wheelchair ramp, crosswalk, or intersection or placed or situated on a public place in such a way as to constitute a threat to the health, safety and welfare of the public or interfere with the use of the public place. Such signs shall not obstruct site distance per 15.06.040 (D). d. Portable signs shall be installed so that the top of the sign does not exceed an elevation of thirty- six (36) inches higher than the height of the sidewalk, bike path or walkway. Where these improvements do not exist, the thirty-six (36) inch height limitation shall be measured from the highest edge of the street, alley or driveway. Signs may also not exceed a width of thirty-six (36) inches and shall not be installed in locations where the width of the sign would impede safe travel. e. Portable signs shall be constructed of weather-resistant wood, metal or plastic. Canvas, cardboard and paper signs are prohibited. f. Attachment of paper, plastic, balloons, or cardboard to a sign is not permitted if such attachment extends the approved height or width of the sign. g. Portable signs shall not be weighted down, or otherwise attached to public property in such a way as to resist impact by a traveling vehicle, bicycle or pedestrian. 3. Banners. Banners may be placed on a public place only by permit pursuant to the provisions of this chapter. 4. Other. All other signs are prohibited on public places for private purposes and on any equipment, facilities and structures located upon public places, including, but not limited to, power poles, telephone poles, street light standards, sign posts, trees, traffic controllers, markers, railings, bridges, overpasses, and public buildings. 5.a Packet Pg. 23 At t a c h m e n t : S i g n c o d e _ P r o p o s e d r e v i s i o n s ( 2 0 3 8 : S i g n C o d e A m e n d m e n t ) 5. Removal. Owners of signs and banners displayed for temporary events shall be responsible for their removal within seven (7) days following the last date of the event or the activity for which the signs were displayed. Signs that are faded, torn, broken or otherwise in a state of disrepair shall be removed by the owner immediately. 15.06.070 Structural safety and maintenance of signs. All parts, portions, units, and materials composing a sign, together with the frame, background, supports, or anchorage thereto, shall be maintained in a proper state of safety and repair and a proper state of preservation. The surface of all signs shall be kept neatly painted. Signs that are faded, torn, broken or otherwise in a state of disrepair shall be removed by the owner immediately or repaired within 14 days of notification by the City. 15.06.080 Administrative procedures. A. Permits. 1. To ensure compliance with the regulations of this chapter, a permit shall be required for all signs hereafter installed or altered within the corporate boundaries of the city, except as otherwise providedt those signs enumerated in subsection (A)(2) of in this section.chapter. No sign shall be erected, installed, applied, affixed, altered, or relocated without a permit from the building department and the planning department. The sign permit shall certify that the sign, as represented by plans, drawings, or statements, is in conformance with the regulations of this chapter. 2. The following signs must conform with the regulations of this chapter but may be erected, installed, affixed, altered, or relocated without a sign permit: a. For sale, lease, or rent signs. b. Farm signs. c. Residential signs for single-family dwellings. 3. The following information must be provided as part of the application for a sign permit: a. Name, address, and phone number of the applicant. b. Name and address of the activity for which the sign is intended and parcel number of land on which it is to be placed. 5.a Packet Pg. 24 At t a c h m e n t : S i g n c o d e _ P r o p o s e d r e v i s i o n s ( 2 0 3 8 : S i g n C o d e A m e n d m e n t ) c. Three (3) copies of a dimensional drawing showing the type of sign as designated in this chapter, and, if lighted, the method of illumination, and the height of the sign. d. Four (4) copies of a dimensional plot plan, accurate as to scale, showing all structures, the abutting right-of-way line of each street, and location of proposed sign and each existing sign on the property. e. If the sign is a wall sign, four (4) copies of an elevation of the building facade. This elevation shall be fully dimensional and accurate as to scale. It shall show the proposed sign and each existing sign. f. One (1) or more photographs (snapshots are adequate) showing the location of the proposed sign and its relationship to the remainder of the property. g. A minimum of two (2) copies of a plot plan showing the location of the proposed sign with computations, diagrams, and other data sufficient to show proper structural stability of the installation. B. Fees and deposits. Fees shall be governed by the fee schedule contained in the building code fee resolution adopted by the city. C. The planning director shall make the final decision on a sign permit application submitted pursuant to this chapter. Any appeal from the final decision of the planning director shall be to the hearing examiner pursuant to the requirements of Chapter 2.32 KCC and the appeal provisions of Chapter 12.01 KCC. D. Abatement of illegal signs. Any sign that violates the provisions of this chapter shall be deemed a public nuisance and shall be in lien against the property on which the sign was maintained and a personal obligation against the property owner. The property owner shall first be served with a notice to abate the nuisance, except in the case of portable signs. Illegal portable signs may be immediately removed by the city, and the owner shall be given notice that the sign will be destroyed if not claimed within ten (10) days. Appeal of the abatement notice may be made to the hearing examiner. If, after such a hearing, the hearing examiner orders agents of the city to remove the nuisance, they shall have authority to enter upon private property to remove the nuisance. E. Variances. 5.a Packet Pg. 25 At t a c h m e n t : S i g n c o d e _ P r o p o s e d r e v i s i o n s ( 2 0 3 8 : S i g n C o d e A m e n d m e n t ) 1. A sign variance is categorized as a Process III application and shall be subject to the requirements of Chapter 12.01 KCC. Variances from the terms of this chapter may be granted by the hearing examiner upon proper application. Variances may be granted when, because of special circumstances applicable to the property, including size, shape, topography, location, or surroundings, the strict interpretation of the regulations of this chapter deprives such property of privileges enjoyed by other property in the vicinity and under identical zoning classifications. 2. The variance shall not constitute a grant of special privilege inconsistent with a limitation upon uses of other properties in the vicinity and zone in which such property is situated. (Ord. No. 3424, § 29, 11-17-98) 1 Ord. No. 3501, amending the provisions for off-premises signs, became effective March 5, 2000. 5.a Packet Pg. 26 At t a c h m e n t : S i g n c o d e _ P r o p o s e d r e v i s i o n s ( 2 0 3 8 : S i g n C o d e A m e n d m e n t ) ECONOMIC AND COMMUNITY DEVELOPMENT COMMITTEE Kurt Hanson, Economic and Community Development Director 220 Fourth Avenue S, Kent, WA 98032 253-856-5454 DATE: October 28, 2019 TO: Land Use and Planning Board FROM: Public Works SUBJECT: Transportation Master Plan Update SUMMARY: The Transportation Master Plan (TMP) represents the City’s long-range transportation work program. Staff will be providing an update on the first and second phase of outreach, the first Transportation Advisory Board (TAB) meeting, bicycle and pedestrian metrics for the layered transportation network, and project development. Outreach The first phase of public outreach focused on the draft transportation goals. The outreach efforts included 9 public events with over 200 interactions with Kent community members, 154 SurveyMonkey responses including 84 written responses, and three orientation interviews with two local businesses and King County Metro outreach staff from the Renton-Kent-Auburn Mobility Plan. The feedback received was used by technical staff from Economic ad Community Development, Parks and Public Works to update the draft goals. The second phase of public outreach is focused on requesting feedback on transportation projects and issues from Kent community members. A webmap and online survey on the website (https://www.kenttmp.com/map-your-ideas) is active until November 10, 2019. Staff are participating in various public events to seek comments from the community. Transportation Advisory Board (TAB) The TAB is a hybrid technical-stakeholder-resident advisory board intended to guide the development of the Transportation Master Plan (TMP). The board has 23 members plus 4 resident alternates. The first meeting on October 14th focused on providing background on the TMP and requesting feedback on the draft goals. Feedback from the TAB in addition to public feedback from phase 1 was used to update the draft goals. Bicycle and Pedestrian Metrics for the Layered Transportation Network A layered transportation network (Pedestrian, Bicycle, Transit, Freight and Auto) is being developed for the City of Kent. These layered networks are being developed to understand the priority corridors for each mode and to identify corridors with 6 Packet Pg. 27 multiple priority modes. This update will focus on the metrics for the pedestrian and bicycle layers. Project Development The update will focus on detailing the project development process and providing an update on progress thus far. SUPPORTS STRATEGIC PLAN GOAL: Thriving City, Evolving Infrastructure 6 Packet Pg. 28