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Council holds public hearing on draft right‑of‑way landscaping code; residents urge delay and assistance for seniors

3096388 · April 22, 2025
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Summary

Kenmore held a public hearing on ordinance 25‑0628 to consolidate and update right‑of‑way landscaping and maintenance rules; residents urged delay, more notice, and assistance options for seniors and people with disabilities.

The council opened a public hearing and heard extended staff and public testimony on ordinance 25‑0628, draft amendments to Kenmore Municipal Code Title 12 (right‑of‑way) and Title 18 (landscaping) that would consolidate and clarify rules for sidewalk planting strips, street trees, vegetation clearance, hazardous trees, trash receptacles in the right‑of‑way, and maintenance responsibilities for abutting property owners.

Engineering Director John Vicente told the council the draft "is for discussion only" and reviewed specific changes: a defined term for "traveled way," clarified engineering permit language, added right‑of‑way vegetation maintenance requirements (including a 12‑inch maximum height for grass/weeds), noxious weed removal, soil as an encroachment item, updated clearance diagrams, and a requirement to replace removed trees where feasible. The draft also adds rules about acceptable placement and timing for trash receptacles and creates limited exemptions (for example, for properties without continuous front‑to‑back right‑of‑way access).

Public commenters raised concerns about notice, enforcement, the historical maintenance role King County played before incorporation, and the burden on seniors and residents with disabilities or financial hardship. Patrick O’Brien and Stacy Valenzuela said residents need more time to review changes and asked for broader outreach; O’Brien urged caution about code language and enforcement history. Elizabeth Mooney and other speakers urged stronger protections for exceptional trees and asked the council to reconsider recent amendments to the exceptional tree ordinance.

Council members asked staff whether the city can provide physical or financial assistance to property owners who cannot meet maintenance obligations. John Vicente and other staff said the code already includes a provision that "certain planting strips, sidewalks, unimproved right‑of‑way and other right‑of‑way areas may be maintained by the city at the city manager’s discretion," but implementing a formal assistance program would require additional policy work to define eligibility, criteria, and operational impacts on Public Works crews. Several councilmembers asked staff to explore language that would allow the city manager to consider hardship (financial or physical disability) in granting maintenance exemptions; staff said they will look into proposed language and return with options.

Council direction: staff will revise the draft ordinance based on tonight’s input, consider language clarifying the city manager’s discretion for hardship/assistance, and return with a revised draft for final passage at a future meeting (staff indicated a May meeting date for follow up).