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HomeMy WebLinkAboutCity Council Meeting - Council - Agenda - 01/19/1999 .............. _.__ . .. � k (' Colty of Kent a. CityCou MCIAW : A Ave, $jenda CITY OF LU f Ii ` Il i f a Mayor Jim hip I11 CouncilnVM WS s Leona Orr, Presi0ent a E' Sandy Amodt Connie Z-pperi'Y Tom Brotherton Judy . I ds � f � j Tim Clark Rico Yin ling 7 January 4 9, 1 9 �11111N Office of tine pity 101* , I'I' 'aq''I�:I•' ,I:i�� ;. I� I �'���I':�'�'•' P'• •1 i; ii ail � li, ;, � � .. . .... ................ Ililll� CITY OF=0 SUMMARY AGENDA �dVICTA KENT CITY COUNCIL MEETING Mayor Jim White January 19, 1999 Council Chambers 7 : 00 p.m. MAYOR: Jim White COUNCILMEMBERS : Leona Orr, President Sandy Amodt Tom Brotherton Tim Clark Connie Epperly Judy Woods Rico Yingling ******************************************************************* 1 . CALL TO ORDER/FLAG SALUTE 2 . ROLL CALL 3 . CHANGES TO AGENDA A. FROM COUNCIL, ADMINISTRATION, OR STAFF B. FROM THE PUBLIC 4 . PUBLIC COMMUNICATIONS A. Proclamation - Jaycee Week B. Proclamation - Groundhog Job Shadow Day C. Mrs . Kent Presentation D. Kent Chamber of Commerce Food World 198 Report 5 . PUBLIC HEARINGS None 6 . CONSENT CALENDAR A. Approval of Minutes B. Approval of Bills C . Y2K Consultant Contract - Approval D. LID 340 , S . 196/200 Street Corridor Project, Final Assessment Roll - Ordinance 3 u}'3'& E. Skyview Warehouse No. 6 - Bill of Sale F. 1998 Mill Creek Fish Habitat - Accept as Complete 7 . OTHER BUSINESS A. Kay Preliminary Plat p B. Erin Glade Preliminary Plat Comprehensive Plan and Zoning Amendments D Shoreline Master Program E. Transportation Funding Alternatives Task Force 8 . BIDS A. Development Services & Information Services Tenant Improvement Project (continued next page) .... SUMMARY AGENDA CONTINUED 9 . REPORTS FROM STANDING COMMITTEES AND STAFF 10 . REPORTS FROM SPECIAL COMMITTEES 11 . CONTINUED COMMUNICATIONS 12 EXECUTIVE SESSION A. Property Acquisition B. Potential Litigation 13 . ADJOURNMENT NOTE : A copy of the full agenda packet is available for perusal in the City Clerk' s Office and the Kent Library. An explanation of the agenda format is given on the back of this page . Any person requiring a disability accommodation should contact the ° -- City in advance for more information. For TDD relay service call 1-800-635-9993 or the City of Kent (253) 854-6587 . ..._................._ ;o 1 CHANGES TO THE AGENDA Citizens wishing to address the Council will, at this time, make known the subject of interest, so all may be properly heard. A) FROM COUNCIL, ADMINISTRATION, OR STAFF B) FROM THE PUBLIC ..................... ._ ............._.. PUBLIC COMMUNICATIONS A) Proclamation - Jaycee Week B) Proclamation - Groundhog Job Shadow Day C) Mrs . Kent Presentation D) Kent Chamber of Commerce Food World 198 Report ............ .. . CONSENT CALENDAR 6 . City Council Action: f Councilmember 42 _ , / moves, Councilmember seconds that Consent Calendar Items A through F be approved. Discussion rn Action 6A. Approval of Minutes . Approval of the minutes of the regular Council meeting of January 5, 1999 . 6B. Approval of Sills . Approval of payment of the bills received through December 15 and paid on December 15, 1998 after auditing by the Operations Committee on January 5, 1999 . Approval of checks issued for vouchers : Date Check Numbers Amount 12/15/98 209752-210047 $ 635, 668 . 55 12/15/98 210048-210469 2 , 117 , 063 . 51 $2 , 752 , 932 . 06 Approval of checks issued for vouchers : Date Check Numbers Amount 12/31/98 210470-210800 $ 765, 811 . 28 12/31/98 210801-211299 2 , 711 , 745 . 71 $3 , 477, 556 . 99 (Continued) _..... _.. sil I CONSENT CALENDAR (CONTINUED) Approval of checks issued for payroll for November 16 through November 30 and paid on December 4, 1998 : Date Check Numbers Amount 12/4/98 Checks 232041-232384 $ 297, 056 . 98 12/4/98 Advices 73222-73922 940 , 233 . 36 $1, 237, 290 . 36 Approval of checks issued for the payroll for December 1 through December 15 and paid on December 18 , 1998 : Date Check Numbers Amount 12/18/98 Checks 232385-232681 $ 256, 134 . 32 12/18/98 Advices 73923-74506 787 , 554 . 04 $1, 043 , 688 .36 Approval of checks issued for the payroll for December 16 through December 31 and paid on January 5, 1999 : Date Check Numbers Amount 1/5/99 Checks 232682-232970 $ 235, 572 .41 1/5/99 Advices 74507-75060 762 , 331 . 31 $ 997, 903 . 72 Council Agenda Item No . 6 A-B Kent, Washington January 5, 1999 Regular meeting of the Kent City Council was called to order at 7 : 00 p.m. by Mayor White. Present : Councilmembers Amodt, Brotherton, Clark, Epperly, Orr, Woods and Yingling, Operations Director/Chief of Staff McFall , City Attorney Lubovich, Police Chief Crawford, Fire Chief Angelo, Planning Director Harris, Public Works Director Wickstrom, Finance Director Miller, Parks Director Hodgson, and Employee Services Director Viseth. Approximately 35 people were at the meeting. CHANGES TO A citizen asked that Kentview be added to the AGENDA agenda. It was added as Other Business Item 7B. PUBLIC Police Department Accreditation Presentation COMMUNICATIONS Lt . Glenn Woods, Police Administration Services, announced that three outside assessors from the Commission on Accreditation for Law Enforcement Agencies will be in Kent from January 23 through 27, 1999, to do an on-site inspection of the Police Department to ensure compliance with 436 national standards . He noted that the Kent Police Department is one of only five agencies in the state that is nationally accredited. He explained that there will be a public forum on January 25 at 7 : 00 p .m. in the Council Chambers, and invited the public and Council to attend and provide input . He added that there will be a phone-in time on January 26 from 1 : 00-5 : 00 p .m. and encouraged citizens to call 253-520-5302 with their opinions of the Police Department . E=lovee of the Month. Mayor White announced that Carol Storm of the Public Works Department has been selected as Employee of the Month for January. Public Works Director Wickstrom stated that Ms . Storm has been with the City for nearly twenty years and that she does an outstanding job and is very helpful to citizens . He said she is an asset to the department and offered his congratulations . Mayor White presented Ms . Storm with the Employee of the Month plaque . 1 Kent City Council Minutes January 5, 1999 PUBLIC introduction of Mayor' s Rea=ointee. Mayor White COMMUNICATIONS asked that his reappointment of Robert Brehm to the Bicycle Advisory Board be confirmed by the Council under the Consent Calendar. He also announced that he has asked Connie Epperly, Chair of the Public Safety Committee, to serve as a task force chair to look into the need for bicycle helmets, and encouraged anyone who is interested in serving on this task force to contact Ms . Epperly. Epperly thanked the Mayor, Council and city for the support shown for this project . She noted that the first job of the task force will be to plan and implement a citywide bicycle rodeo. CONSENT ORR MOVED to approve Consent Calendar Items A CALENDAR through K. Brotherton seconded and the motion carried. MINUTES (CONSENT CALENDAR - ITEM 6A) Acflroval of Minutes . APPROVAL of the minutes of the regular Council meeting of December 8, 1998 . HEALTH & (CONSENT CALENDAR - ITEM 6J) SANITATION Fox Ridge Addition No. 1. ACCEPTANCE of the bill of sale for Fox Ridge Addition #1 submitted by Lakeridge Development Inc . for continuous opera- tion and maintenance of 310 feet of watermain, 292 feet of sanitary sewer, 320 feet of street improvements and 333 feet of storm sewers, and release of bonds after expiration period, as recommended by the Public Works Director. The project is located at 119th Avenue Southeast & Southeast 269th Street . (CONSENT CALENDAR - ITEM 6K) Creekside Public Storage. ACCEPTANCE of the bill of sale for Creekside Public Storage submitted by Public Storage Inc . for continuous operation and maintenance of 650 feet of watermain, 230 feet of street improvements and 15 feet of storm sewers, and release of bonds after expiration period, as recommended by the Public Works Director. The project is located at 7421 S . 180th Street . 2 Kent City Council Minutes January 5, 1999 TRANSPORTATION (CONSENT CALENDAR - ITEM 6C) Interavency Aare rdina 277th Corridor. AUTHORIZATION for the Mayor to sign the proposed interagency agreement with Auburn regarding the 277th Corridor Project . This agreement clarifies and allocates the various obligations between the cities of Auburn and Kent for the remainder of Kent ' s 277th Corridor Project and for Auburn' s proposed 277th St . Project (Auburn Way North to West Valley Highway) . The Agreement addresses environmental and future development impacts and mitigation, controls future access to the pro- jects, specifies boundaries to integrate and control traffic signalization, allocates obligations for future roadway expansion, and establishes payment responsibility. (CONSENT CALENDAR - ITEM 6I) S. 200th Street Groan River Bridge. ACCEPT the S . 200th Street Green River Bridge contract as complete and release retainage to Mowat 'L✓ Construction upon standard releases from the State, and release of any liens, as recommended by the Public Works Director. The original contract amount was $2 , 698, 855 . 77 . The final construction cost was $2 , 685 , 628 . 11 . ZONING CODE (CONSENT CALENDAR - ITEM 6D) AMENDMENT Ketola Recaulatory Review Zoning Code Amendment ZCA-98-6 . ADOPTION of Ordinance No. 3435 amending the M-2 zoning district to allow dart playing facilities as principally permitted uses, as approved by the Council on December 8, 1998 . PLATS (CONSENT CALENDAR - ITEM 6E) Kay Preliminary Plat SU-98-10 . SET January 19, 1999, as the date for a public meeting to con- sider the Hearing Examiner' s recommendation of approval with conditions for the application of Kay Preliminary Plat by Tom O ' Connor. 3 Kent City Council Minutes January 5, 1999 PLATS (CONSENT CALENDAR - ITEM 6F) grin alad* Preliminary Plat SII-9$-6 . SET January 19, 1999, as the date for a public meeting to consider the Hearing Examiner' s recommendation of approval with conditions for the application of Erin Glade Preliminary Plat by Shamrock Development Corp. COMPREHENSIVE (CONSENT CALENDAR - ITEM 6G) PLAN im Invos gut C2Mr•heasiye Plan And Zoning Amendments. ADOPTION of Ordinance Nos 3436 and 3437 relating to TM Investment Comprehensive Plan and Zoning Amendments, as approved by Council motion at its last regular meeting. The Applicant has met the condition for rezone (dedicating necessary right-of-way) , and it is now appropriate to complete the comprehensive plan amendments and rezone approved by the Land Use Planing Board and Council . PLANNED UNIT (OTHER BUSINESS - ITEM 7B) .DEVELOPMENT (ADDED AT THE REQUEST OF A CITIZEN) Kentview P.U.D. Rick Harpster, 4453 S . 170th, SeaTac, said that the Determination of Non- Significance on this project should be rescinded and looked at differently in light of information gathered by concerned citizens . He noted that the motorcycle club which he belongs to has been in existence for over 30 years on the site, and that it has been understood that the club would always be there because of the landfill above and the contamination leaching out of the landfill . He stated that the location has been designated a Superfund site, and expressed concern that family homes would be built there . He said that the DNS was based upon erroneous information. Karen Hills, 6306A Webster Way, Mukilteo, stated that they are not blaming the City for not doing their job, but that there is information which was not made available . Regarding the Environmental Checklist, she said that all of the property shown on the map of the development is not legally identified, and that there is no tax 4 Kent City Council Minutes January 5 , 1999 PLANNED UNIT identification number or legal description of the DEVELOPMENT ten-acre lot currently owned by Jolly Rogers. She added that not all sources of environmental information have been disclosed, including one which states "The most significant environmental impact is the proximity to the Kent Highlands Landfill . " . She noted that there are endangered species in the area and that the Green River is a critical habitat for salmon. She said that Item 7 on Page 6 neglects to disclose the fact that environmental health hazards including exposure to toxic chemicals are possible when excavating dirt, and concluded by saying that the decision was based on erroneous information. Scott Roper, 106 Hawthorne Avenue, Pacific, expressed concern about the habitat, and noted that in the last 20 years some homes were removed due to concerns about the property. He said people are moving because of the development and that the area is being used for recreation. He ti.✓ asked that the issue be revisited. Mayor White asked what type of permit the motorcycle group has to operate on that site, and Roper stated that the property has been leased from the Jolly Rogers, Inc . but he is unsure about a permit . Curt Barber, 30845 55th Avenue South, Auburn, said he is concerned about chemicals leaching through the groundwater, and said that when trees and 40, 000 truckloads of dirt are removed, what- ever is in the ground will be stirred up and will cause a significant environmental impact which deserves to be looked into further. Karen Tiffany, 4807 S . 216th, Kent, noted that she spoke at the October 6 , 1998 , meeting regarding traffic concerns, adequate storm water drainage and contamination of water. She said that the EPA site summary stated that leachate seeps were noted on the east side of the landfill and that levels of toxicity in the groundwater is con- firmed to be above allowable limits and suspected in the drinking water. She urged the Council to reconsider the DNS . Darlene Strickland, 21626 5 Kent City Council Minutes January 5, 1999 PLANNED UNIT 35th Avenue South, SeaTac, suggested that cities DEVELOPMENT coordinate transportation developments . She was assured that cities do work together on such projects . Diane Green, 21839 Frager Road, Kent, said that the City of Seattle tested their well periodically and that they have been assured verbally that everything is fine and there is no danger of leaching or problems with the well , but that she does not feel safe and would like to have it looked at . William Anderson, 918 28th Street N.E . , Auburn, explained that he is a licensed well-driller, motocrosser and club member, and said that water for the club has always been an issue. He agreed that the issue needs to looked at again. Mike Kegley, 26220 193rd Place S .E. , Covington, a member of the motorcycle club, said the area is a greenbelt and that to say that what is being done is non- significant is a very bold statement . Dan McCarthy, 4018 9th Street Place S.E. , Puyallup, clubmember for over 45 years, said the proposed development is unbelievable, and noted that there is wildlife in the area, as well as trees as old as 100 years . He added that there are high tension leads in the area and the property is environmentally sensitive . He asked the Council to save the property. Jim Anderson, 922 N. 84th, Seattle, said he had submitted a handwritten document in August asking about traffic and noting that the master plan submittal and staff report of August 5 , 1998 , contain incorrect in- formation, that he had been to the counter again seeking information, and that he has not received a reply from the city as to whether a committee would be formed. He noted that there is no pro- perty tax number on the EIS, and read the legal description. He said a committee is warranted because the scope and scale has been misrepre- sented. Mayor White referred this matter to the SEPA Official, Planning Director Jim Harris, and asked him to come back to Council with a report within 6 Kent City Council Minutes January 5, 1999 PLANNED UNIT 30 days; the City Attorney recommended letting DEVELOPMENT the Official determine how to present the information. The Mayor asked citizens who have documentation to deliver or send it to Mr. Harris. Upon Amodt' s question, the City Attorney explained that the SEPA Official determines whether the issue should be reviewed, and suggested that any material be submitted promptly, as the Official will need time to review it . Eric Wells, representing Polygon NW, 4030 Lake Washington Boulevard, Kirkland, stated that they have studied the site for a number of years, that their consultants have recently conducted reviews, and that they will work with Mr. Harris and staff in preparation of a report . ORR MOVED to make the materials submitted this evening a part of the record. Woods seconded and the motion carried. Epperly noted that no one was heard from during the eighteen months of environmental review. Amodt suggested that Councilmembers visit the site, and said that the City can help with some issues and that Polygon is currently working with the motorcycle club on an agreement . Mayor White suggested that the motorcycle club find out whether they are legal to be there before they sign an agreement, as he is not aware of any zoning for motorcycle tracks . Orr pointed out that the DNS has conditions, including a review before each section is built, and the City Attorney confirmed that there are 34 conditions . TECHNOLOGY (OTHER BUSINESS - ITEM 7A) PLAN E-mail Design and Imalementation Contract One of the objectives of the Technology Plan was to provide the City with a modern e-mail system. The purpose of this contract is to retain the services of a consulting firm to design and implement a new e-mail system for the city. 7 Kent City Council Minutes January 5, 1999 TECHNOLOGY Woods noted that this matter was considered at PLAN the Operations Committee meeting this date and that the intent is to have the system in opera- tion by June. She MOVED to authorize the Mayor to sign a contract with Sarcom (Novagres) for the design and implementation of Microsoft Exchange . Orr seconded. Clark noted that the system will result in greater sharing between departments and is part of a great investment made to update systems . Upon questions from Councilmembers, Network Manager Joe Lorenz explained that they are looking at remote access in conjunction with the e-mail system, that Councilmembers will have individual e-mail addresses and that a use policy will be drafted. The motion then carried. Mayor White thanked the Council for their support . PARKS & (BIDS - ITEM 8A) RECREATION West Hill Skate Park. Five bids were received on December 16 , 1998 , for construction of the West Hill Skate Park. T. F. Sahli Construction was the lowest bidder at $94 , 480 plus tax and was under the engineer' s estimate of $98 , 543 . Staff recom- mends entering into an agreement with the low bidder. EPPERLY MOVED to enter into an agreement with T. F . Sahli Construction for the West Hill Skate Park project in the amount of $94 , 480 , plus Washington State Sales Tax. Woods seconded and the motion carried. (BIDS - ITEM 8B) Russell Road Park Bleachers. Two written bids were received for the purchase and installation of nine bleacher units at Russell Road Park. The lowest bid by M.V. P . was under the staff estimate of $40 , 000 . The Parks Director explained that the $40 , 000 estimate is for material only. 8 Kent City Council Minutes January 5, 1999 PARKS & Materials Materials & Installation RECREATION M.V.P. Inc. $38,150.00 $49,570.00 SiteLines, inc. $48,757.00 $54, 807.00 Staff recommends entering into an agreement with the low bidder. WOODS MOVED to enter into an agreement with M.V. P. Inc . for the Russell Road Park Bleachers project in the amount of $49, 570, plus Washington State Sales Tax. Epperly seconded and the motion carried. FINANCE (CONSENT CALENDAR - ITEM 6B) Approval of Bills . No information available due to cancellation of the December 15 , 1998 Operations Committee meeting. APPOINTMENTS (CONSENT CALENDAR - ITEM 6H) Kent Bicycle Advisory Board Reappointment. CONFIRMATION of the Mayor' s reappointment of Robert Brehm to continue serving as a member of the Kent Bicycle Advisory Board. His new term will continue until 12/31/2000 . REPORTS Council President. Orr announced that the Suburban Cities dinner will be held in Auburn on January 13 and that the 1999 City Legislative Action Conference will be held in Olympia on February 24 and 25 . She asked Councilmembers who are interested in attending these events to contact the Council Secretary. Operations Committee. Woods noted that the next meeting will be held at 3 : 30 p.m. on January 19th. Public Safety Co=ittee. Epperly noted that the committee will meet next on January 12th at 5 : 00 P .M. Public Works and Planning Committee Clark noted that the next committee meeting will be held on Wednesday, January 20th, at 3 : 30 p.m. , due to the 9 . ......... ... Kent City Council Minutes January 5, 1999 REPORTS holiday on Monday, January 18th. He urged Councilmembers to review their material on the Suburban Cities staffing changes . Parks Committee. Woods announced that the Parks Committee will meet on January 19th at 4 : 30 p.m. EXECUTIVE At 8 : 05 the meeting recessed to an executive SESSION session of approximately thirty minutes . The meeting reconvened at 8 : 55 p .m. Labor Necotiations. EPPERLY MOVED that the Council authorize the Mayor to sign a three-year labor agreement with the Kent Police Officers Association, Officers and Sergeants Unit, effec- tive January 1, 1999 to December 31, 2001, subject to approval as to form by the City Attorney' s Office. Woods seconded and the motion carried. Proverty Acauisition WOODS MOVED to authorize the purchase of the Evans property for $165, 000 plus closing costs for a future neighborhood park. Epperly seconded and the motion carried. ADJOURNMENT The meeting adjourned at 8 : 58 p .m. Brenda Jaco er CMC City Clerk 10 . ...................... .................._Y__ �1W Kent City Council Meeting Date January 19, 1999 Category Consent Calendar 1 . SUBJECT: Y2K CONSULTANT CONTRACT - APPROVAL 2 . SUMMARY STATEMENT: Approval of a contract extension with Steve Schopfer through his company, Coda Consulting Group, for Year 2000 project work, subject to City Attorney approval , as recommended by the Operations Committee . 3 . EXHIBITS: Memo from I . S . Director and Contract 4 . RECOMMENDED BY: Operations Committee (Committee, Staff, Examiner, Commission, etc . ) 5 . UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES 6 . EXPENDITURE REQUIRED: $ SOURCE OF FUNDS : 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 6C Date: December 23, 1998 To: Council Operations Committee �/��� From: Marty Mulholland, Director of Information 3ervlces�" +r Re: Y2K Consultant Contract—Approval Background: Late in 1997,we began the necessary inventory process of City computers, software,and equipment for the purposes of tracking our Year 2000 position. I initially used a temporary clerical employee who worked with department representatives and mailed surveys to system suppliers and City vendors. It became apparent to me that with the complexities and potential liabilities associated with Year 2000 problems that we needed to bring in a more experienced contractor to work on this issue. Steve Schopfer has been a municipal I.S. Director in this state and also in Alaska at a Telecommunications company. He has a background that suited this project quite well,especially given the wealth of contacts he has in this state. Mr. Schopfer is the principal of Coda Consulting Group,Inc. Mr. Schopfer's company is assisting several other cities and the AWC with Year 2000 projects. Mr. Schopfer began working as our Year 2000 consultant in July. He has extensively updated our records. He has represented the City at a number of key Year 2000 events. He has worked with the AWC to coordinate meetings with a number of Cities in the region for the purpose of sharing information and strategy around the Year 2000 issue. r.✓ Budget: The Technology Plan has$400,000 identified to support our Year 2000 issues. To date approximately $43,000 has been spent on Mr. Schopfer's services and we've also charged a number of minor and unanticipated equipment upgrades for Year 2000 compliance to this part of the Technology Plan. Mr. Schopfer's billing rate to us is$90/hour. We established in the Contract that he give his top priority to the City of Kent rather than to other agencies. My estimate at this point is that we will spend approximately $120,000 for Mr. Schopfer's services in total. As part of our agreement with Mr. Schopfer, all records for the City's Year 2000 project are kept on City equipment. Mr. Schopfer uses office space in the I.S. area. In order to minimize costs, we have used temporary/clerical staff within the I.S. department to assist with mailings,etc. Recommendation: I believe that Mr. Schopfer has helped shape our Year 2000 project and has created sufficient documentation to provide us with protection. I've attached a copy of our original contract with Mr. Schopfer. I've also attached a summary of our Year 2000 project work to date. Motion: I move to approve a contract extension with Steve Schopfer through his company, Coda Consulting Group yr,/for Year 2000 project work, subject to City Attorney Approval. December 22, 1998 Year 2000 Strategic Update Many news stories have surfaced recently about the potential worldwide issue facing virtually every community and company that uses a computer system as we approach the millennium. Specifically,the concern deals with the handling of dates that are represented by a two-digit year instead of four(i.e., `98' versus '1998'). Today's computerized systems perform many calculations and comparisons on dates which, if based on a two-digit year,could produce erroneous results should they read '00' instead of`2000' when processed. The City of Kent is taking the Year 2000 Challenge very seriously and has been working since 1997 to solve the problems that it presents for delivery of basic municipal services. The City equipment we are testing has grown beyond desktop computers to include all date sensitive equipment and systems. A Year 2000 Project Team is working to address the challenge on a Citywide basis. Awareness Beginning with the October 1998 issue, our City newsletter began informing and updating Kent citizens,partners and resident businesses on our progress in resolving the City's Year 2000 issues. We are continuing to publish updates in the newsletter. We are also planning 2 utility bill inserts for 1999. Awareness is crucial to the success of all Year 2000 projects. In an effort to minimize panic, the City's Emergency Management team is working with the State Emergency Management department on a program that will send a coordinated and consistent Year 2000 awareness message throughout the State. Compliance The City of Kent defines Year 2000 compliance as follows: 1. Computer and computer-related systems that will be used prior to, during, and after calendar Year 1999 and 2000 will operate without error relating to date data. 2. Software and applications will not abnormally end or provide materially invalid or incorrect results because of date data, especially between centuries. 3. No valid value for current date will cause material interruptions in desired operations. 4. All manipulations of time-related data (dates, duration, days of the week, etc.) will produce the desired results for all date values. 5. Date elements in interfaces and data storage will permit specifying century to eliminate date ambiguity. Alternatively, for any date element represented without century, the correct century will be unambiguous for all manipulations involving that element. These standards apply to both computer hardware and software systems and any City owned devices, which contain embedded chips. Inventory We have conducted a citywide inventory of all computerized equipment and machinery that could be affected by the year 2000 computing challenge.This inventory of over 700 items includes,but is not limited to, all hardware platforms, system level software, application software, life safety systems and embedded chips in facilities, water, wastewater, sewer and storm systems, traffic systems. Police and Fire systems. The City is working with the Association of Washington Cities,Municipal Research Service Center and a core group of other jurisdiction on coordinating our efforts sutrotmding the issue of embedded chip inventory compliance. The City has been acting as a lead agency in these efforts. Part of this collaboration includes contributing to a secure combined database of embedded chip devices at MRSC. AWC, with the assistance from the State will be researching these devices in an effort to shorten the research time and duplication of effort involved in investigating our inventory. As of this date we have researched approximately 15% of our inventory and have not identified any items that will seriously impact our ability to conduct the City's business. Testing In the area of computer hardware platforms, system software and application software we are replacing or remediating the majority of our key systems. We are striving to make all of our desktop applications compliant by the end of the first quarter of 1999. Our minicomputer applications, which include Payroll,Personnel,Finance Management,Police,Jail,Utility Billing and Business Licensing, are scheduled to be replaced or modified. Testing is scheduled to begin on these systems in February 1999 with an anticipated completion date of August 1999. Contingency Plans Contingency plans to ensure continued delivery of municipal services are important to the Year 2000 effort. We are developing these plans in the early phases of the project. The City's Emergency Management team is working with our Year 2000 Coordinator and the State's Emergency Management Department on preparing both the City staff and the public for the l/1/2000 deadline. Vendors A number of the products and services that our vendors provide are date dependent. We have } �..� contacted all of our vendors regarding the Year 2000 Challenge and have inquired about the dependability we can place on all facets of their products and services. In addition to stand-alone items,we need to be sure that outside systems are still able to interface with Kent systems. Vendor compliance and system interfacing are important elements to consider for making the City of Kent Year 2000 compliant. The City has identified 370 vendors with whom we do a significant amount of business. In February of 1998 we mailed Year 2000 compliance survey requests to them. As of this date we have received a response from 200 of them. Of that number 120 stated that they would be compliant. We are in the process of sending out a second mailing to the remainder. We have identified approximately 45 of the 370 as providers of critical service to the City. These include; Puget Sound Energy(PSE),US Bank,US West,Valley Comm and all Washington State agencies. We have endeavored to contact these mission critical vendors directly. In October, Mayor White drafted a letter that was subsequently signed by 10 other mayors and sent to PSE questioning their readiness. Based upon PSE responses and meetings with have had with Tava/Beck(PSE's Year 2000 Consultant),and the Washington State department of Emergency Services PSE still has work to do. They are in the assessment and inventory phase of their project. We are worlang closely with PSE and are receiving regular updates from their local government representative and Year 2000 project team. The Finance department has met with US Bank, who performs all of the City's ACH and wire transfers. They have verbally assured us of their compliance and are following it up in writing. We have also drafted a series of questions regarding their upstream suppliers and are awaiting their reply to these specific concerns. We have been working with AWC and monthly with many cities in the region. We are coordinating a joint meeting with US West and our cellular suppliers. This is another example of how we are trying to work with other jurisdictions to obtain more detailed responses from the larger vendors in our State. In a meeting with ValleyComm, two weeks ago, they assured us of their ability to maintain their operations through the 1/l/2000 time period and beyond. We are continuing to contact our other key vendors and have them provide us with a complete picture of their compliance effort above and beyond the standard response letter. Due Diligence In order to respond to inquiries, The City's Legal department has developed a series of documents outlining the City position on the Year 2000 issue. These include response letters to vendors, citizens and language that is being included in all new contracts and agreements involving the City. The City's Year 2000 Coordinator is recording all incoming and outgoing request for information and is the focal point for all inventory and testing efforts. The City's Risk Manager has reviewed all insurance polices and is working closely with WCIA on their Year 2000 project. Conclusion The City of Kent is diligently working to ensure a smooth transition into the Year 2000 for our citizens, resident businesses and business partners. Our goal is to identify all Year 2000 related problems that could affect the government of the City of Kent, and correct them by August of 1999. The final months of 1999 will be spent on contingency planning and preparation and applying late software patches and fixes. CONSULTANT SERVICES CONTRACT BETWEEN THE CITY OF KENT AND STEPHEN SCHOPFER . THIS AGREEMENT is made this t9 h day of July . 1998, by and between the CITY OF KENT, a Washington municipal corporation(hereinafter the "City"), and SigQhen Schafer . organized under the laws of the State of Washington, located and doing business at P.O. Box 1538, Woodland_ WA 98674 (hereinafter the "Consultant"). Recitals 1. The City is presently engaged in a Year 2000 2renared1= and remediation 2Mgrarn and desires that the Consultant perform services necessary to provide consultation and advice to the City for Year 2000 remediation . 2. The Consultant agrees to perform the services more specifically described in the Scope of Work, dated July 9 . 19S$, including any addenda thereto as of the effective date of this agreement, attached hereto as Exhibit A which is incorporated herein by this reference as if fully set forth. NOW, THEREFORE,in consideration of the mutual promises set forth herein, it is agreed by and between the parties as follows: I. Descrigtion of Work Consultant shall perform all work as described in Exhibit A. H. Payment A. The City shall pay the Consultant an amount based on time and materials for the services described in Section I herein. The Consultant's billing rates and expected hours of service shall be as delineated in Exhibit A. B. The Consultant shall submit monthly payment invoices to the City after such services have been performed. The City shall pay the full amount of an invoice within thirty(30) days of receipt. If the City objects to all or any portion of any invoice, it shall so notify the Consultant of the same within fifteen(15) days from the date of receipt and shall pay that portion of the invoice not in dispute, and the parties shall immediately make every effort to settle the disputed portion. C. In the event the Scope of Work is modified or changed so that more or less work or time �,, is required by the Consultant, and such modification is reached by mutual agreement of the parties to this contract,the payment for services and maximum contract amount shall be adjusted accordingly upon agreement of the parties. III. Relatlonshin of Parties The parties intend that an independent contractor-employer relationship will be created by this Agreement. As Consultant is customarily engaged in an independently established trade which encompasses the specific service provided to the City hereunder,no agent, employee, representative or sub-contractor of Consultant shall be or shall be deemed to be the employee, agent,representative or sub-contractor of the City. In the performance of the work, Consultant is an independent contractor with the ability to control and direct the performance and details of the work, the City being interested only in the results obtained under this Agreement. None of the benefits provided by the City to its employees, including,but not limited to, compensation, insurance, and unemployment insurance are available from the City to the employees, agents, representatives, or sub-contractor of the Consultant. Consultant will be solely and entirely responsible for its acts and for the acts of Consultant's agents, employees, representatives and sub-contractors during the performance of this Agreement. The City may, during the term of this Agreement, engage other independent contractors to perform the same or similar work that Consultant performs hereunder. IV. Place of Work Meetings with the City staff as described in Exhibit A, Scope of Work, shall take place at the City's offices at 220 4'h Avenue S., Kent, Washington, or at locations mutually agreed upon by the parties. V. Termination A. Termination for Failure to Prosecute Work or to Complete Work Satisfactorily. If the Consultant refuses or fails to prosecute the work with such diligence as will ensure its completion within the time frames specified herein, or as modified or extended as provided in this Agreement, or to complete such work in a manner satisfactory to the City, then the City may,by written notice to the Consultant, give notice of its intention to terminate the Consultant's right to proceed with the work. On such notice, the Consultant shall have ten(10) calendar days to cure, to the satisfaction of the City or its representative, or the City shall send the Consultant a written termination letter which 2 shall be effective upon the Consultant's receipt of the written notice by certified mail. Upon termination,the City may take over the work and prosecute the same to completion,by contract or otherwise, and Consultant shall be liable to the City for any additional costs incurred by it in the completion of the Scope of Work referenced as Exhibit A and as modified or amended prior to termination B. Rights Upon Termination. In the event of termination,the City shall pay for all services performed by the Consultant to the effective date of termination, as described on a final invoice submitted to the City. After termination,the City may take possession of all records and data within the Consultant's possession pertaining to this project which may be used by the City without restriction. Any such use not related to the project which Consultant was contracted to perform shall be without liability or legal exposure to the Consultant. VL Discri ' anon In the hiring of employees for the performance of work under this Agreement or any sub- contract hereunder, the Consultant, its sub-contractors, or any person acting on behalf of such Consultant or sub-contractor shall not,by reason of race, creed,religion,color,sex,age,national origin,marital status, or the presence of any sensory, mental,or physical handicap,discriminate against any person who is qualified and available to perform the work to which the employment relates, and no consultant or its sub-contractors, or any person acting on behalf of such consultant or sub-contractor shall violate any of the terns of RCW 49.60, Title VII of the Civil Rights Act of 1964, §504 of the Civil Rights Act of 1973, The American's with Disabilities Act of 1992, or any other applicable federal, state or local law or regulation regarding nondiscrimination in employment. VEL Indemnification Consultant shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the negligent performance of this Agreement, but only to the extent of Consultant's negligence or comparative fault. 3 . ............... The provisions of this section shall survive the expiration or termination of this Agreement. City agrees not to hold Contractor responsible for City-wide problems related to the Year 2000 bug outside the scope of the proposed contract, although contractor shall be responsible for significant Year 2000 remediation efforts undertaken by the Consultant. VIII. hLUMMM The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, employees, sub-consultants or sub-contractors. Within 45 days of beginning to work on the project described in this Agreement, the Consultant shall provide a Certificate of Insurance evidencing: 1. Commercial General Liability insurance written on an occurrence basis with limits no less than$1,000,000 combined single limit per occurrence and$1,000,000 aggregate for personal injury,bodily injury and property damage. Coverage shall include but not be limited to: blanket contractual; products/completed operations/broad form property damage; explosion, collapse and underground (XM if applicable; and employers liability; and 2. Professional Liability insurance with limits no less than$250,000 limit per claim. Any payment of deductible or self insured retention shall be the sole responsibility of the Consultant. The City shall be named as an additional insured on the Commercial General Liability insurance policy, as respects work performed by or on behalf of the Consultant and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all the required insurance policies. The Consultant's Commercial General Liability insurance shall contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurers liability. 4 The Consultant's insurance shall be primary insurance as respects the City and the City shall be given thirty(30) days prior written notice by certified mail,return receipt requested, of any cancellation, suspension or material change in coverage. IX. Ownership of Records and Documents Original documents, drawings, designs and reports developed under this Agreement shall belong to and become the property of the City. All data, documents and files created by Consultant under this Agreement may be stored at Consultant's offices,however relevant files and materials should be backed up to a mutually agreeable storage location on the City's networks biweekly. X. Recyclable Materials Pursuant to City of Kent Ordinance No. 3066,The City of Kent requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. XL Entire Ag Mment The written provisions and terms of this Agreement,together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner whatsoever, this Agreement or the Agreement documents. The entire agreement between the parties with respect to the subject matter hereunder is contained in this Agreement and any Exhibits attached hereto, which may or may not have been executed prior to the execution of this Agreement. All of the above documents are hereby made a part of this Agreement and form the Agreement document as fully as if the same were set forth herein. XU. Ci y's Right of Inspection Even though Consultant is an independent contractor with the authority to control and direct the performance and details of the work authorized under this Agreement,the work must meet the approval of the City and shall be subject to the City's general right of inspection to secure the satisfactory completion thereof. The Consultant agrees to comply with all federal, state, and municipal laws,rules, and regulations that are now effective or in the future become applicable to Consultant's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of such operations. 5 ........... xM. Consultant to Maintain Records to Support LdMdent Contractor Status On the effective date of this Agreement(or shortly thereafter), Consultant shall: A. File a schedule of expenses with the Internal Revenue Service for the type of business Consultant conducts; B. Establish an account with the Washington State Department of Revenue and other necessary state agencies for the payment of all state taxes normally paid by employers, register to receive a unified business identifier number from the State of Washington; and C. Maintain a separate set of books and records that reflect all items of income and expenses of Consultant's business, all as described in the Revised Code of Washington(RCW) Section 51.08.195, as required to show that the services performed by Consultant under this Agreement shall not give rise to an employer-employee relationship between the parties which is subject to RCW Title 51, Industrial Insurance. XIV. Work Performed at Consultant's Risk Consultant shall take all precautions necessary and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the work hecamder and shall utilize all protection necessary for that purpose. All work shall be done at Consultant's own risk, and Consultant shall be responsible for any loss of or damage to materials, tools,or other articles used or held for use in connection with the work. XV. Modification No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Consultant. XVI. Assienment Any assignment of this Agreement by the Consultant without the written consent of the City shall be void. If the City shall give its consent to any assignment, this paragraph shall continue in full force and effect and no further assignment shall be made without the City's consent. XVII. Written Notice All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the agreement, unless notified to the contrary. Any written notice hereunder shall become effective upon the date of mailing by registered or certified mail, and shall 6 be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. XVM. Governing Law This Agreement shall be governed by the laws of the State of Washington. XIX. Non-Waiver of Breach The failure of the City to insist upon strict performance of any of the covenants and agreements contained herein, or to exercise any option herein conferred in one or more instances shall not be construed to be a waiver or relinquishment of said covenants, agreements, or options, and the same shall be and remain in full force and effect. )OL Resolution of Disnntes Should any dispute, misunderstanding, or conflict arise as to the terns and conditions contained in this Agreement, the matter shall first be referred to the City, and the City shall determine the term or provision's true intent or meaning. The City shall also decide all questions which may arise between the parties relative to the actual services provided or to the sufficiency of the performance hereunder. If any dispute arises between the City and Consultant under any of the provisions of this Agreement which cannot be resolved by the City's determination in a reasonable time, or if Consultant does not agree with the City s decision on the disputed matter, jurisdiction of any resulting litigation shall be filed in King County Superior Court,King County, Washington. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. Each party shall be solely responsible for its costs, expenses and reasonable attorneys fees incurred in any litigation arising out of the enforcement of this Agreement. 7 IN WITNESS WSEREOF,the parties have executed this Agreement on the day and year first above written. CITY OF]KENT CONSULTANT By: or Jim Whit By: Stephen% & Schopfer Dat — — Date: Notice to be sent to: Notice to be sent to: Marty Mulholland ,St0hen�Schonfer Director of Information Services P.0 Box 1538 220 Fourth Avenue South Woodland, WA 98674 Kent, Washington 98032 APPROVED AS TO FORM: i ,/µRoger A. Lubovich,Kent City Attorney ATTESTED: Brenda Jacob ity Clerk u:r.�,.�awuaoo 8 E2mxBTI'A—July 9*119998 YEAR 2000 CONSULTING AGREEMENT Scope of Work to be performed by Stephen Schopfer: 1) Develop Overall Year 2000 Project Plan a) Study Existing Year 2000 Documents b) Identify Scope and Mission Critical Systems c) Educate employees and increase awareness throughout organization d) Prepare City Legal staff as needed 2) Identify Priorities for City Software Systems, including business systems and mission critical PC-based software systems a) Determine mission critical systems b) Educate department employees c) Improve accountability of vendors and/or suppliers d) Coordinate testing project work for major business systems 3) Identify Embedded Chip systems that may be affected by Year 2000 a) Determine mission critical devices b) Educate department employees c) Improve accountability of vendors and/or suppliers 4) Work with Emergency Operations employees to assist in Year 2000-related planning 5) Represent the City at Year 2000-related events t Billing Rates and Project Duration Initial Contract: Consultant will bill City monthly at the rate of 590.00 per hour on a monthly basis. Consultant will work on Year 2000 project as defined above for no less than 30 hours per week unless mutually agreed by City and Consultant. Consultant will work on Year 2000 project for no less than 12 calendar weeks, with a planned break in service of approximately one week in August 1998. Extension of Contract: Upon project extension, additional purchase orders will be created for billing purposes. Expected hours of service will be delineated on purchase order. Consultant will give priority to City of Kent Year 2000 project work over potential work for other clients. 9 ............. iI Kent City Council Meeting Date January 19 , 1999 `-' Category Consent Calendar 1 . SUBJECT: LID 340 , S . 196/200 STREET CORRIDOR PROJECT, FINAL ASSESSMENT ROLL - ORDINANCE 2 . SUMMARY STATEMENT: As recommended by the Public Works - Board of Equalization, adoption of Ordinance No. establishing the Final Assessment Roll for LID 340 - S . 196/200 Street Corridor. 3 . EXHIBITS: Ordinance and memo 4 . RECOMMENDED BY• (Committee, Staff, Examiner, Commission, etc . ) 5 . UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES 6 . EXPENDITURE REQUIRED: $ SOURCE OF FUNDS : 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 6D P t®: Jim White, Mayor City Council Members CC: J. Brent McFall, Director of Operations Roger Lubovich, City Attorney fnm: Don Wickstrom, Public Works Director re: Final Assessment Roll LID 340/South 196' Street Corridor dltl: January 15, 1999 I. INTRODUCTION The City Council Public Works Committee (composed of Tim Clark, Chair, and Members Tom Brotherton and Leona Orr, or substituting for Council Member Rico Yingling) conducted extensive hearings on the Final Assessment Roll ("Roll") for LID 340. By this memorandum the record of those hearings and the Committee's recommendation is transmitted to the City Council for its consideration, as well as the adoption of the ordinance confirming the Roll. The City Council delegated to the Committee the conduct of the hearing on the Roll for LID 340. Under RCW 35.44.070: The committee. . . designated shall hold a hearing on the assessment roll and consider all objections filed following which the committee. . . shall make recommendations to [the City Council] which shall either adopt or reject the recommendations of the committee. . . . If a hearing is held before such a committee. . . it shall not be necessary to hold a hearing on the assessment roll before [the City Council]. In furtherance of this direction from Council, the Committee held four separate hearings, three of them nearly five hours in length. All parties who elected to protest their assessments had proper notice, a full and fair opportunity to present their protest to the Committee, including presentation of evidence, cross-examination of City witnesses, and closing argument. Consequently, no further hearing is required before the Council. `..i The Council is familiar with the South 196' Street Corridor Project. LID 340 is an essential funding component for the Project. Attached at Tab 3 is a Memorandum (Exhibit 3 from the Hearing record)that summarizes some of the background for the Project,the arterial improvements, Project financing and the method of assessment for LID 340. II. ATTACHMENTS TAB 1 Findings of Fact, Conclusions and Recommendations of Public Works Committee Regarding LID 340 (December 14, 1998) TAB 2 Supplemental Findings of Fact, Conclusions and Recommendations of Public Works Committee Regarding LID 340 (January 14, 1999) TAB 3 Memorandum to Public Works Committee from Tom Brubaker(November 12, 1998, containing a summary of the history of the 196' Street Corridor Project and description of the hearing process.) Note: A complete set of hearing protests and exhibits has been placed in the City Council office for the Council's review. Also included is a verbatim transcript of the hearings. TAB 4 Proposed form of ordinance confirming Final Assessment Roll. III. LID 340 FINAL ASSESSMENT ROLL HEARINGS 1. Roll and Protests. V The Roll consisted of 460 assessment parcels. There were a total of 22 protests, encompassing approximately 40 assessment parcels (some of the protests included multiple assessment parcels). The Committee considered individually each of the protests and responded in its findings to each of the protests. 2. HearinQ Dates. The Hearings commenced on November 16, 1998. On November 16 and November 23 the Committee conducted over ten hours of hearings. Following deliberations on November 23, the Committee announced its preliminary decision on most of the protests. Additional time was afforded one of the protesting properties to present additional appraisal information. The Committee met again on December 7 to consider and then enter the Findings of Fact, Conclusions and Recommendations of Public Works Committee regarding LID 340 ("Findings"). The Findings are attached to this memo at Tab 1. On January 4, 1999, the Committee met again to consider the continued protest, and any further protests following the City's supplemental notice. Following that further hearing the Committee announced its preliminary decision and directed the preparation of Supplemental Findings. 2 3. Separate Counsel for Committee. The proceedings of the Committee, and of the full City Council, in confirming a Final Assessment Roll is quasi-judicial. In order to assure that the process was free from any improper appearance,the Committee was assigned separate counsel. Wayne Tanaka,of the law firm Ogden, Murphy & Wallace, assisted the Committee throughout the hearings and its deliberations. Mr. Tanaka will also be available at the January 19 Council Meeting, should the full Council need any additional assistance. 4. Protests—Assessment Method Not Challenged. As briefly discussed above,the Committee considered 22 protests. Only three of the protests were accompanied by appraisal reports. None of the evidence presented before the Committee challenged the approach of the City's appraiser, Bruce C. Allen and Associates. While the application of the methodology to some assessment parcels was subject to dispute in certain cases, the methodology of the City's appraiser was not challenged. The Committee addressed these issues in its Findings. Each of the protests are on file with the Clerk and are part of the record in this matter. A copy of each of the protests has also been placed in the City Council offices for your review. 5. Exhibits. There were 27 exhibits, including maps, appraisal reports, photographs and specific data or individual assessment parcels. The large maps are available to the Council in the Council's office. A copy of other exhibits have been placed in the council office for the City Council's consideration. Certain illustrative exhibits, which were used for the City's initial presentation (photos and transparencies) remain available for review in the Clerk's Office. 6. Supplemental Notice and Hearings. In addition to published notice,the City gave notice by mail, as required by state law, to the property owner"at the address shown on the tax rolls of the County Treasurer." A question arose as to whether the City had used the most current information from the County Treasurer for a limited number of parcels. As a result, a Supplemental Hearing was scheduled for January 4, and further notice was mailed to 28 owners of assessment parcels for which there may have been a question regarding the notice of the hearing on November 16. Only one protest letter was submitted at the January 4 supplemental hearing regarding assessments against 6 assessment parcels. Additionally, the Committee considered one protest that had been continued from the earlier hearings. 7. Supplemental Findings. Following consideration on January 4, 1999 of the additional evidence, the Committee directed the entry of Supplemental Findings. The Supplemental Findings of Fact, Conclusions and Recommendations of Public Works Committee Regarding LID 340 ("Supplemental Findings") are attached at Tab 2. 3 8. Council Consideration of Findings. The Council directed the Public Works Committee to conduct the hearing regarding the Roll for LID 340. The Committee has engaged in hours of hearings, sometimes of a heated and confrontational nature. The Committee managed the process carefully,with the advice of counsel from an independent law firm. Consistent with the Council's direction to the Committee, it prepared its findings and recommendations. Those Findings and Supplemental Findings are now before the Council for its consideration. The City Council is well familiar with the process for adopting the ordinance confirming the Final Assessment Roll. The difference in LID 340 is that the Council delegated the hearing process to the Committee. Having delegated that process to the Committee,the staff respectfully requests that the Committee's efforts be recognized and that the full Council accept and adopt the Committee's Findings and Supplemental Findings and incorporate those findings into the ordinance confirming the Final Assessment Roll. If the Council were to allow further argument on the Committee's action,we cannot predict the length of time or argument,unless the Council were to limit such argument. In the event that the Council determines to allow further argument from any of the 22 protests,staff must reserve its right to submit arguments as well, since the Committee did not agree in all respects with the staff position. The staff believes that certain of the modifications to the Roll by the Committee are without foundation, but the staff is willing to stand on the record without further argument regarding the confirmation of the Final Assessment Roll. 9. Ordinance. A form of ordinance confirming the Final Assessment Roll is attached. The ordinance incorporates the findings and recommendations of the Committee. IV. CONCLUSION After extensive hearings and deliberations, the Public Works Committee has entered its Findings and Supplemental Findings regarding the Final Assessment Roll for LID 340. Having delegated this responsibility to the Committee, we ask that Council honor the Committee's efforts and, upon review, accept the recommendations of the Committee and incorporate the Findings and Supplemental Findings into the ordinance confirming the Final Assessment Roll. In the event that the City Council determines to hear further argument regarding any of the protests,the City reserves the right to present its arguments to the City Council regarding the Committee's actions. P',CiviPFILESM36�nul mem dm 4 FINDINGS OF FACT, CONOCLL SIONSRAND RECOMMENDING LID 3TIONS OF PUBLIC WORKS I . FINDINGS OF FACT A. GENERAL LID FINDINGS 1 . Since the early 1980 ' s, both the City and other regional and state agencies have determined the need for a cross-valley arterial roadway to serve the business and citizens who use the north Kent Valley. 2 . As presently designed, the South 196th Street Corridor Project ( "Project" ) will provide another east/west corridor across the Valley, connecting I-5 with East Valley Highway with a grade separated crossing of the mainline railroad tracks . 3 . On June 2 . 1998 , the Kent City Council passed Ordinance #3404 which formed LID 340 for the purpose of partially funding the Project . The LID boundary is generally bounded by South 180th Street on the north, SR 167 on the east , South 228th on the south and the Kent city limits on the Green River on the west . 4 . Project improvements are as follows : • The intersection of Orillia Road/S . 200th Street will be signalized, and two south- to eastbound left-turn lanes will be added to Orillia road. Between Orillia Road and the Green River, S . 200th Street will be widened from two to four travel lanes with a center left-turn lane where needed. The north leg of Frager Road at S . 200th Street will be realigned to a "T" intersection roughly 700 feet west of its current location. The south leg of Frager . Road will be eliminated and the road will terminate just south of S . 200th Street in a cul-de-sac . Bicycle lanes five feet wide and sidewalks 5 . 5 feet wide will be constructed on both sides of S . 200th Street . • A new bridge will span Green River, accommodating the four lanes of S . 220th Street and the bike lanes and sidewalks . • East of the Green River, Russell Road and S . 196th will follow their existing alignment to Mill Creek just beyond the 72nd Avenue S . right-of-way, but will be widened to five lanes, including . a center turn-lane, for the entire length. Sidewalks will be included in the design, as well as bicycle lanes connecting to the Interurban Trail . 1 (300481.00C;2) 12/08/98 ............... • From S . 196th Street, just west of Mill Creek, 72nd Avenue S . will be extended along the existing right-of- way to its current terminus at approximately S. 194th Street . • A new bridge, approximately 1, 425 feet long will span Mill Creek, the Western Processing site, two sets of mainline railroad tracks, and the Weyerhaeuser and South Seattle Auto Auction sites. The bridge will include four lanes with sidewalks, but no bicycle lanes will be provided. • From the east end of the bridge to 84th Avenue S . , the road will be located along the existing S . 196th Street right-of-way and through the Kingsport Industrial Park. The road will consist of four travel lanes with a center turn lane and sidewalks on both sides . No bicycle lanes will be provided along this segment . 5 . On November 16, 1998 , having given notice in accordance with applicable law, the Public Works Committee (Committee) of the Council met for the purpose of hearing any protest to the final assessment roll for LID 340 and forwarding recommendations to the full City Council for final action. At that time the committee received a total of 18 protests from various property owners in the LID which had been filed in accordance with the notice and state law. Each protest was assigned a number beginning with P1. �.✓ A further protest from Lincoln Distribution Center was received after the deadline and therefore was rejected as non-timely. 6 . The Committee heard testimony from the City and all property owners who had submitted timely protests and wished to be heard. 25 exhibits were offered during the course of the hearing and were given sequential numbers, beginning with 1 . The hearing was continued to November 23 , 1998 for rebuttal evidence from the City and final arguments . 7 . Based on the testimony, exhibits and final arguments, the Committee makes the following additional general findings, which will be followed by specific findings related to each parcel . B . GENERAL FINDINGS AS TO ALL PARCELS 1 . Prior to work commencing on the Project, there were no through street connections . Instead, the existing roadways are primarily two-land paved roads with minimal drainage and lighting, terminating at the Green River and the railroads . • On the west side of the Green River, in unincorporated King County, S . 200th Street is a paved two-lane road with narrow gravel shoulders . There are plowed fields on both sides of the road. A Class 2 stream exists {300481.000;2) 2 12/08/98 . .............. both within culverts and in open channels on the south side of the road. • In the City of Kent on the east side of Green River, Russell Road, between S . 196th Street and the projected center line of S . 200th Street, is an existing paved road and transitions from three lanes to two lanes . Although Russell Road is a designated bicycle facility, cyclists generally use the travel lanes because the shoulders are narrow and in some places, non-existent . • S . 16th Street, between Russell Road and SR-181, has three paved lanes and paved shoulders . • Between SR-181 and Mill Creek, S . 196th Street is two lanes wide with paved shoulders . • Along the east side of Mill Creek lies the Western Processing property, a designated federal Superfund site under the jurisdiction of the U.S. Environmental Protection Agency. • Further east, between Western Processing and 84th Avenue S . , two sets of mainline railroad tracks run north/south through and beyond the project area. The tracks are owned and operated b Burlington Northern (BN) and Union Pacific (UP) railroad companies. To the east of these tracks, S . 196th is paved leading from 84th Avenue S . approximately halfway to the railroad tracks . 2 . After construction of the improvements, traffic access and circulation throughout the north end of the Green River Valley will be improved by the following: • Providing another east/west arterial corridor across the Valley. • Providing an above-grade crossing over both mainline tracks, allowing continuous traffic without railroad delays along one major east/west corridor. • Providing direct access to the I-5 corridor to the west across the Green River, diverting substantial traffic flow from the north and south along both East Valley and West Valley Highways . • Mitigate existing and future traffic conditions along S . 180th and S . 212th Streets . 3 . In developing the final assessment roll, the City initially considered using the zone and termini method set forth in RCW (300481.Doc;2y 3 12/06/98 35 . 44 . 030 . However, the City testified that because of the variety of property types, sizes, development potential and zoning, the zone and termini method was not used. In its place the special benefit analysis was used. City witnesses testified that this method would more fairly reflect the special benefits to the various properties within the LID boundaries . No other witnesses provided testimony to dispute this assertion. 4 . The City hired the firm of Bruce C. Allen and Associates, Inc . to perform the special benefit analysis . Bruce Allen and Deborah Foreman performed the analysis and provided testimony. 5 . A Preliminary Special Benefits Study, dated May 12 , 1998, was prepared. (Exhibit 20) This report was available for inspection by the various property owners within the LID. Representatives from the Allen Company discussed the analysis with a variety of property owners and made some adjustments in their special benefit analysis . 6 . A Final Special Benefits Study, dated October 30, 1998, was prepared by Allen and Foreman and submitted as the basis for the final assessment roll . (Exhibit 4) 7 . Any finding, general or specific deemed to be a conclusion, shall be considered as such. C. FINDINGS AS TO SPECIFIC PROTESTS i✓ 1 . P1, A. P.E. LLC was, continued to December 7 to allow counsel for the property owner more time to present evidence and will be subject to further hearing on January 4 , 1999 at 3 :30 pm. 2 . P2 , Puget Sound Energy. Mr. Frank Swan, a land planner, provided testimony that his client ' s property was not suited to other uses than a utility corridor. The City' s witnesses disputed this assertion, and gave examples of other PSE property that have been used for non-utility purposes . 3 . P3 , William Boeing, Jr. Pursuant to stipulation, the City agreed that this assessment would be reduced to $0 . 4 . P4 , Paul Rehn. No testimony was provided. ' 5 . P5, Mathilda De Mayo. No testimony was provided. 6 . P6 and P7, Arco Products . No testimony was provided. 7 . P8 , Beatrice Wieser. No testimony was provided. 'Information contained in the protest materials was considered by the Committee . No witnesses provided additional testimony. {300481.DOC;2) 4 12/08/98 8 . P9, Richard Brooks . No testimony was provided. Mr. Brooks , only issue appears to be that his property is currently designated in current use pursuant to RCW 84 . 34 . 300 , and therefore is not subject to LID assessment so long as such designation is maintained. 9 . P10 , Peggi Gates, Orillia Industrial Associates . No testimony was provided. 10 . P11, Michael Scully. Mr. Scully, the property owner testified. His property is subject to an Environmental Mitigation Agreement (EMA) which established a mitigation amount in excess of what his assessment would be according to the special benefit analysis . Mr. Scully provided the Committee with the square foot assessments of adjoining property. 11 . P12 , United Warehouses . No testimony was provided. 12 . P13 , Union Pacific Railroad. Testimony was provided by Counsel for the railroad, Carolyn Larson and George Donnerberg, a MAI appraiser. Both witnesses testified that there were no special benefits to the railroad property because the existing rail tracks were the highest and best use 13 . P14 , Nicholas Nesland. Counsel for the property owner, T.J. Parkes testified and submitted an appraisal by Roger Ockfen, a MAI L✓' appraiser. In rebuttal , the City submitted a supplemental analysis by the Allen Company (Exhibit 21) , and testimony of Ms Foreman. 14 . P15 , Chevron USA, Inc . Testimony was provided by Yolanda Byeman, property development specialist for Chevron. She testified that because she believed there would be less traffic in front of the Chevron property, the LID improvements would have a negative effect on property values . Mr. James Price, a MAI appraiser testified that in his opinion the LID improvements would have no impact on the fair market value of the Chevron property. He also submitted an appraisal that recited the same conclusion (Appraisal contained . in P15) . In rebuttal , the City submitted supplemental analysis (Exhibit 22) from the Allen company, and testimony of Ms Foreman and Mr. Allen. In addition to requesting a $0 assessment, counsel for Chevron requested credit for property dedicated to the City by the former owner. 15 . 216 . Mr. Jones . The property owner testified that he was forced to sign the EMA for his property and that other properties in the vicinity were charged less on a square foot basis . 16 . P17 . David S . Bolin, agent for 8462 Associates . The property owner testified, but did not submit any appraisal evidence . 1%1W {300481.DOC;2) 5 12/08/98 17 . P18 . Mr. Temkin. The property owner testified that his property should not be considered in the primary zone of proximity, but rather the secondary. His property is located at the east end of the improvements . A traffic signal will be installed to control ingress and egress from his property. 18 . The protest received from Lorna Faxon on behalf of Lincoln Distribution Center was late and therefore should not be considered. No one appeared at the hearing on behalf of the property owner. II . CONCLUSIONS A. GENERAL CONCLUSIONS 1 . Any conclusion deemed to be a finding shall be so considered. 2 . Special benefits are measurable increases in the value of real property in excess of any enhancement to the general area. It is measured as the difference between the market value of the property without the LID project and the market value with the LID project assumed completed. 3 . Initially, the City is favored with certain presumptions : that the improvements are a benefit to the property within the LID, the assessment is no greater than the benefit, the assessment '✓ is equal or ratable to the assessments upon other properties similarly situated, and the assessment is fair. In Re Indian Trail Trunk Sewer, 35 Wash. App. 840 (1983) . The property owners must present expert appraisal testimony to overcome these presumptions . 4 . The special benefit analysis performed by the City more fairly reflects the special benefits to the properties within the LID than the zone and termini method. B. CONCLUSIONS AS TO SPECIFIC PROPERTIES 1 . Protests P6, P7, P9, P10 , P12 , P17, and P18 should each be denied on the basis that the property owners have not overcome the City' s presumptions . 2 . with respect to P4 , P5 and P8 , it appears that the properties are currently improved with single family homes and are currently being used as such. While this is not the highest and best use, the Committee concludes that the assessments should be deferred, subject to the property owner qualifying under RCW 84 . 38 . City staff should work with claimants to complete forms necessary for consideration by the county under Chapter 84 . 38 RCW. If the property owners elect not to sign such a deferral, the assessments must be paid as required by law. �'✓` (300481.DOC;2) 6 12/08/98 �..y 3 . With respect to P11 and P16, the Committee finds that while the property owners did execute valid EMAs on their property, the surrounding property owners whose properties are not subject to EMAs are paying less per square foot, and therefore, in equity, these two protests should be granted in part . For Pil, the assessment should be reduced to $ . 20 per square foot and for P16 the assessment should be reduced to $ .22 per square foot . 4 . With respect to P2 , the Committee concludes that the property owner has not met its burden to overcome the City' s presumptions . In any case, the Committee concludes that the property is subject to other economical uses and that the property owners have valued the property in a manner that indicates economical uses other than as a utility corridor. S . With regard to P13, the Committee concludes that the railroad property is subject to assessment . The present use of the property cannot be used to determine the benefits that may accrue. In re West Wheeler 97 Wash. 669, 675 (1917) . The Committee concludes that the testimony of Mr. Allen and Ms Foreman should be given greater weight than the testimony of the railroad witnesses because, among other things, Allen and Foreman examined specific sales data and Mr. Allen indicated that his firm had many years experience in appraising railroad property. Parcel 113 , however presents a unique situation. This parcel is basically landlocked between the merging rail tracks and thus is of limited use, other +✓ than as railroad property. For this reason, the Committee concludes that the assessment on this parcel should be reduced to $25, 677 . 6 . With respect to 214 , the Committee has considered both appraisals and concludes that the assessment should be reduced to $75 , 000 . The Committee agrees with the Ockfen analysis to the extent that the improvements will tend to impair truck access to the site . Therefore the special benefits ascribed by the Allen study are overstated to some extent . The Committee agrees that the rest of the Allen analysis should be given more weight because, among other things, the Ockfen appraisal contains errors and internal inconsistencies . 7 . With respect to the P15 , the Committee concludes that the appraisal testimony of Mr. Allen and Ms Foreman should be given greater weight . Both appraisers concluded that the "before" value of the property was $18 per square foot . Mr. Price did not conduct any sales analysis of the property in the "after" situation. Allen did under take such analysis . This gives more credibility to the Allen appraisal . While Ms Byeman testified that traffic passing by the gas station would decrease after the improvements were completed, she offered no factual basis for this conclusion. Mr. Price ' s conclusions as to the "after" value of the property are also based (300481.DOC;2} 7 12/08/98 on the assumption that traffic volumes would be reduced. (See page 15 of Mr. Price Is appraisal submitted as part of P15) Mr. Price can offer no factual basis for this assumption and in fact notes the "absence of detailed traffic studies and projections" . Ms Foreman' s opinions were based, in part, on the assumption that congestion in the area would be lessened, which assumption was supported by the testimony of other City witnesses, including Don Wickstrom. Less congested streets do not necessarily mean fewer cars . For this reason, in part, the Committee concludes that the Allen analysis of special benefits should be given more weight than the Price appraisal . Counsel for Chevron also argued that the assessments were founded on a fundamentally wrong basis . However Mr. Price indicated that he accepted the professional qualifications of Mr. Allen and in fact undertook the same "before" and "after" analysis . With respect to the issue of the credit, the Committee concludes that no credit should be given. The statute, RCW 35 .44 .420, applies to property that has been dedicated to make the LID improvements . The property that was dedicated by Chevron' s predecessors in interest was not used for the LID improvements . III . CONCLUSIONS Based on the foregoing Findings and Conclusions, the Committee recommends to the City Council as follows : A. Pursuant to stipulation, the Committee recommends P3 be GRANTED and the assessment reduced to $0 . B. The Committee recommends the following protests be GRANTED IN PART: P11, assessment reduced to $ . 20 per square foot; P13 , parcel 113 be reduced to $25, 677 ; P14 , assessment reduced to $75, 000 ; P16 , assessment reduced to $ .22 per square foot . C. The Committee recommends the following protests be DENIED: P2 ; P6 ; P7 ; P9 ; P10; P12 ; P13 , with the exception of parcel 113 ; P15 ; P17 and P18 . D. The Committee recommends the following protests be DENIED, but that the assessments be DEFERRED upon qualification by the property owners under RCW 84 . 38 : P4 ; P5 and P8 . E. The Committee recommends that, except as specifically {300481.000;2) 8 12/08/98 .. ...... .. provided above, the final assessment roll be confirmed without modification. DATED THIS _ day of December, 1998 Tim Clark, Chair Tom Brotherton ona rr WDT217660.2P/FOOB5.090001/B0085.0085.09001 �r V (300481.DOC;2) 9 12/08/96 SUPPLEMENTAL FINDINGS OF FACT, CONCLUSIONS AND RECOMMENDATIONS OF PUBLIC WORKS COMiVIITTEE REGARDING LID 340 WHEREAS, pursuant to a Notice of Supplemental Hearing mailed to certain property owners on or about December 16, 1998, the Public Works Committee of the Kent City Council held a hearing on January 4, 1999 to consider protests to the final assessment role for LID 340. Based upon the testimony and evidence submitted, the Committee now enters the following: I. FINDINGS OF FACT 1. These supplemental Findings, Conclusions and Recommendations are a continuation of the Findings of Fact, Conclusions and Recommendations previously entered by the Committee. Therefore, the Committee re-adopts the general LID findings and the general findings as to all parcels as set forth in that document. 2. Protest P1, APE LLC, pursuant to earlier order, was continued to this date for presentation of evidence. The property owner had previously submitted an appraisal from Roger Ockfen, an MAI appraiser (Exhibit 26). The City presented rebuttal testimony of Deborah Foreman and submitted supplemental appraisal information. 3. Four additional protests were received at the January 4 supplemental hearing. These protests were contained in a letter dated January 4, 1999 from RREEF Management Co., signed by Ginger Mueller. These protests were assigned numbers as follows: P19, which is the Northward Business Park, LID parcel #215; P20 is the West Valley Distribution, LID parcels #147 and #119; P21 is described as KCP 72 and is LID parcel #401; P22 is described as KCP 216 and is LID parcel #448. Testifying for the properties was Chuck Mahlen, an employee of RREEF Management Co. Mr. Mahlen is not an appraiser. The City presented rebuttal testimony from Deborah Foreman and Tom Bradley of CTE Engineers. H. CONCLUSIONS A. General Conclusions 1. The Committee incorporates the general conclusions previously adopted. B. Conclusions as to Specific Properties {300590.DOCt 1} 1 '�"i/� WDT221280.ISXlF0085.090.001.01/B0085.090001 ........ .... 1. Protest P19, P20, P21 and P22 should each be denied on the basis that the property owners have not overcome the City's presumptions. The Committee acknowledges that the City has preserved a possible challenge to P19 on the basis of prior notice. 2. With respect to Pl, it appears that the property owner concedes there are special benefits to the property. The only issue is to what extent the property is specially benefited. The Committee finds that the Ockfen appraisal (Exhibit 26) suffers from a fundamental flaw, namely the appraisal's lack of consideration of the benefits of the improvements to 72nd along the entire length of the subject property. Improvement of 72nd, together with the improvements along 196th, will render this property superior to other properties in the area in terms of access and visibility. On the other hand, the Committee concludes that the Bruce Allen appraisals and the testimony of the City's witnesses are more believable since, among other things, they incorporated the improvement of 72nd in their analysis. Further, the Committee concludes that the measure of special benefit is to the property, not to whatever business may happen to be using it at any particular time. The Foreman analysis proceeded from this principal, while the property owner's analysis did not. Nevertheless, when comparing the subject property to immediately surrounding properties it does appear that some adjustment should be made, particularly in light of the Committee's recommended action on the Neslund property, P14. The Committee finds that the subject property will be specially benefited to a greater extent than the Neslund property primarily due to the location. Therefore, the Committee recommends that the assessment be reduced to $203,805. III. RECONSMNDATIONS Based on the foregoing Supplemental Findings and Conclusions, the Committee recommends to the City Council as follows: A. The Committee recommends that the following protests be DENIED: P19, P20, P21 and P22. B. The Committee recommends that the following protests be GRANTED IN PART: Pl, Assessment reduced to $203,805. On January 4 the Committee has further unanimousiy authorized the Chair to review and approve these Supplemental Findings and Conclusions. DATED this Iq day of January, 1999. jl� Tim Clark, Chair {300590.DOC;1} 141' WD1721280.1SX/Po085.090.001.01/B0085.090001 2 DEPARTMENT OF PUBLIC WORKS �. . MEMORANDUM November 12, 1998 TO: LID 340 (196`'' Stre Corridor) Board of Equalization FROM: Don Wickstrom� CC: Mayor Jim White Kent City Council RE: LID 340 — S. 196`h/200'' St. Corridor Improvement Green River to East Valley Highway The City Council has set November 16, 1998 for the Public Hearing to confirm the final assessment role for the 196`s Street Corridor Local Improvement District. Background and Policy Before the Council formally commenced the LID process, city staff began their public outreach efforts on this LID on March 9`' by delivering a notice to the affected property owners that described the project, indicated their potential assessment, and informed them of an informal meeting at City Hall, where staff would be available to answer their questions. The meeting went forward on March 25', as planned and announced, and approximately 50 of the 260 property owners who received this notice attended the meeting. On May 5, the City Council approved a resolution setting the hearing date on the LID for June 2, 1998. The public hearing on the formation of the LID officially commenced the formation process on this LID (see attached map for LID boundary). At the meeting, the City received only 4 protests, which represented 4.69% of the total LID. The Council then passed an ordinance forming the LID after the meeting. The City, King County and the South County region have consistently identified and referenced the proposed South 196 /200' Street Corridor improvements as a necessary link in the valley's transportation network for over a decade. The City first recognized the project in the its adopted 1984 Comprehensive Transportation Plan, and it has �.. subsequently included the project in each of the City's annually updated Six-Year Transportation Improvement Plans. The County also included the project in its Comprehensive Plans, Transportation Plans and Transportation Needs Reports since V; 1985. In 1987, the Puget Sound Council of Government's Green River Valley Transportation Action Plan ("GRVTAP") included the project in its recommended list of"highest priority projects." Environmental Mitigation Agreements With adoption of the its 1984 Comprehensive Transportation Plan, the City required new developments to mitigate their traffic impact on the City's transportation system in accordance with the policies denoted in that plan. Additionally, when new developments are proposed, the City's State Environmental Policy Act ordinance lists the 1984 Comprehensive Transportation Plan, the Six-Year Transportation Improvement Plan and the Green River Transportation Action Plan as reference documents for evaluating each new development's traffic impacts on the City's transportation system Early on, these requirements caused developers to make various improvements to the City's transportation system. Once the readily developable improvements identified in either the Comprehensive Transportation Plan or the Six-Year Transportation Improvement Plan were exhausted, the City started eliciting, under SEPA, financial commitments (Environmental Mitigation Agreements, or "EMA's") from developments to be applied to construction of the 196`' Street Corridor Project (LID 340). The City based this requirement, in large part, on the extensive Traffic analysis done in conjunction with the development of the 1984 Comprehensive Transportation Plan. This analysis showed that, upon completion of the 196' Street Corridor Project, the transportation impacts caused by these new developments would be mitigated. The City required that each developer make these financial commitments in lieu of making localized and "piecemeal" transportation system improvements at the time of issuance of their development permit. If, however, the developer chose not to participate in the 196`' Street Corridor Project, the developer had the option to conduct a traffic study to determine appropriate and immediate transportation improvements to mitigate the development's traffic impacts. Upon the City's concurrence with the findings of this traffic study, the developer would be required to construct all the improvements identified in the transportation study in conjunction with construction of the development in order to appropriately mitigate the development's traffic impacts. If the developer decided not to mitigate the developments traffic impacts at all, then no development permit would have been issued. With the enactment of the Growth Management Act and the City's adoption of the corresponding Comprehensive Plan in compliance with the GMA, the requirement that �✓ new development mitigate their traffic impacts has only been reinforced. Moreover, the City's GMA commitment to provide infrastructure concurrent with new development and growth under the GMA also reinforced the City's need to require that new development mitigate transportation impacts. In fact, due to the extensive industrial development that has occurred in this portion of the City, the implementation of the 196'' Street Corridor project is a key factor the City must implement to meet its transportation concurrency requirement in that area. Without it, the City will not be in compliance with the GMA and may have to restrict or deny new development permit applications. This project will provide a new link to I-5 by constructing a new east/west arterial connecting Orillia Road to West Valley Highway (SR 181) and on to East Valley Highway. Further, it provides the only grade- separated arterial crossing of both the Union Pacific and BNSF railroad mainlines in the City or for that matter between I-405 in Renton and NW 15' in Auburn. This grade separation will become increasingly more crucial in the future with projected increases in train traffic (66 freight trains per day on the BNSF tracts and 32 freight trains per day on the UP tracks--and this doesn't include Amtrak or commuter rail traffic). The Improvements The project involves the construction of an arterial corridor from the Green River at S. 2001 Street northeasterly along Russell Road to South 196'' Street and then easterly `•.� along South 196' Street to East Valley Highway. The project includes the following improvements: 1. A five lane roadway with bicycle lanes (no bike lanes east of UP Railroad tracks), sixty-six feet (58 feet east of UP Railroad tracks) curb to curb, with two lanes in each direction and a center turn lane in all areas except the two bridges. 2. Curb and gutter. 3. Cement concrete sidewalk on both sides. 4. Storm drainage improvements. 5. Street lighting improvements. 6. Landscaping. 7. Utility modification as required. 8. Lane channelization and signing. 9. Bridge over the Green River (half is paid for by the City, half by the County). 10. Bridge over the Union Pacific and Burlington Northern Santa Fe Railroads. 11. Realignment of 58'h Place &Russell Road to a new signalized intersection. 12. Construction of a four lane connection northerly to 72"d Avenue. 13. Signalization at 80' Avenue. .. ............... 14. Signalization of the South 196' Street/East Valley Highway Intersection. Project Funding The project will be funded by Local Improvement District #340 bonds, State Transportation Improvement Board Grants, and City funds. The funding breakdown based on the current cost estimate is as follows: LID Assessments $21,515,884.00 TIB Grant $11,533,725.00 City Fund $9,556,777.00 Interest Revenue $435,000.00 Total $43,041,386.00 The City of Kent is a property owner within the LID. The City share of the assessment is $82,396.00 or 0.19% of the total LID. Method of Assessment The City had the appraisal firm of Bruce C. Allen &Associates , Inc. perform a special �✓ benefit study of the properties within the LID. Their benefit study is the basis for determining the respective assessments. A copy of the study is attached and also is on file in the Public Works Department Engineering offices. The amount of special benefits attaching to property by reason of local improvement is the difference between the fair market value of the property with and without the improvements. Assuming highest and best use, this increase in probable market value, adhering to each parcel, is the measure of special benefit. Because many of the properties (appro)dmately 54% by assessment) within the LID are obligated by environmental mitigation agreements to support and financially participate in this project, these agreements were also considered in establishing their respective special benefit. Each assessment amount reflects 81% of the total special benefit attributable to each assessed property. Payment of Assessment When Council passes the Ordinance confirming the Final Assessment Roll, there is a 30- day period in which any portion or all of the assessment can be paid without interest °+�' charges. After the 30-day period, the assessed property owners will pay the balance over a 15-year period wherein each year's payment is one-fifteenth of the principal plus accrued interest on the unpaid balance. The interest will be established by the market then applicable for municipal bonds, but that interest rate historically tends to run below commercial rates because of tax benefits applicable to municipal bonds. Tentative Construction Schedule 1. S. 200'h Street—Orillia Road to the Green River (County portion): Contract has been awarded with completion scheduled for late Summer of 1999. 2. Green River Bridge: Construction complete. 3. Russell Road/South 196' Street between the Green River and West Valley Highway: Contract has been awarded with completion scheduled for late Summer of 1999. 4. Bridge over the Union Pacific and Burlington Northern Railroad tracks: 1999 and 2000. West side bridge approach through Western Processing site under construction. 5. South 196' Street between West Valley Highway and East Valley Highway excluding the bridge: Summer and Fall, 2000. P.\IAW\F[LEW236\BoardofEqual.dwmemo.Nov l398.dx ............ .. - reliminary LID Bc .ndary ;.� o Q • � 11 I S 196 ST - + 3: ! C/Y �— 204 ST Q Boeing a Aerospcce 3 is I I I I �1 u i u I III �i 'J Sc I2 I:. ! I N � ' f c f T +a l IS 223 STj I l ! ! I0D LID 340 9 TH/200TH STREET ARTERIAL CORRIDOR IMPROVEMENT ORDINANCE NO. AN ORDINANCE of the City of Kent, Washington, modifying, approving, and confirming the assessments and assessment roll of Local Improvement District No. 340 for the construction of an arterial corridor from the Green River at S. 200th Street northeasterly along Russell Road to S. 196th Street and then easterly along S. 196th Street to the East Valley Highway as provided by Ordinance No. 3404,and levying and assessing a part of the cost and expense thereof against the several lots,tracts,parcels of land and other property as shown on the assessment roll. WHEREAS,the assessment roll levying the special assessments against the a..i property located in Local Improvement District No. 340 in the City of Kent, Washington (the"City"), has been filed with the City Clerk as provided by law; and WHEREAS, the City Council delegated under RCW 35.44.070 to the Public Works Committee the conduct of the hearing as a Board of Equalization on the assessment roll; and WHEREAS,notice of the time and place of hearing on the assessment roll and for making objections and protests to the roll was published at and for the time and in the manner provided by law fixing the time and place of hearing thereon before the Committee for the 16'day of November, 1998,at the hour of 3:30 p.m., local time, in the Council Chambers in the City Hall, Kent, Washington, and further notice thereof was mailed by the City Clerk to each property owner shown on the roll; and I LID 340 Final Assessment Roll WHEREAS,notice of the time and place of a supplemental hearing on the assessment roll and for making objections and protests to the roll was published at and for the time and in the manner provided by law fixing the time and place of supplemental hearing before the Public Works Committee for the 4'day of January, 1999,at the hour of 3:30 p.m., local time in the Council Chambers in the City Hall, Kent, Washington, and further notice thereof was mailed by the City Clerk to each property owner shown on the notice of supplemental hearing; and WHEREAS, at the time and place fixed and designated in the notices the hearings were held,all written protests received were considered and all persons appearing at the hearing who wished to be heard were heard, and the Committee, sitting and acting as a Board of Equalization for the purpose of considering the roll and the special benefits to be received by each lot, parcel and tract of land shown upon such roll, including the increase and enhancement of the fair market value of each such parcel of land by reason of the improvement, considered all such protests, determined to modify certain of the assessments appearing on such roll,and over ruled all other protests;NOW,THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1: Roll Confirmation. The assessments and assessment roll of Local Improvement District No. 340, which has been created and established for the purpose of constructing an arterial corridor from the Green River at S. 200th Street northeasterly along Russell Road to S. 196th Street and then easterly along S. 196th Street to the East Valley Highway, as provided by Ordinance No. 3404, as the same now stand after the modification made in the Findings as referenced in Section 3 shall be and the same are approved and confirmed in all things and respects in the total amount of $21,314,017.00. 2 LID 340 Final Assessment Roll `'✓ SECTION Z Sliecial Benefit. Each of the lots,tracts,parcels of land and other property shown upon the assessment roll is determined and declared to be specially benefited by this improvement in at least the amount charged against the same, and the assessment appearing against the same is in proportion to the several assessments appearing upon the roll. There is levied and assessed against each lot, tract or parcel of land and other property appearing upon the roll the amount finally charged against the same thereon. SECTION 3. Findings. The Findings of Fact, Conclusions and Recommendations of the Committee regarding LID 340 (December 14, 1998), and the Supplemental Findings of Fact, Conclusions and Recommendations of Public Works Committee Regarding LID 340 (January 14, 1999) attached hereto at Exhibitsl and 2 are hereby adopted by the Council and incorporated herein by this reference. SECTION 4. Notice of Roll. The assessment roll as modified, approved, and confirmed shall be filed with the Finance Division Director of the City for collection and the Finance Division Director is authorized and directed to publish notice as required by law stating that the roll is in her hands for collection and that payment of any assessment thereon or any portion of such assessment can be made at any time within 30 days from the date of first publication of such notice without penalty, interest or cost, and that thereafter the sum remaining unpaid may be paid in fifteen (15) equal annual installments. The estimated interest rate is stated to be b•a'5'0/o per annum, with the exact interest rate to be fixed in the ordinance authorizing the issuance and sale of the local improvement bonds for Local Improvement District No. 340. The first installment of assessments on the assessment roll shall become due and payable during the 30-day period succeeding the date one year after the date of first publication by the Finance Division Director of notice that the assessment roll is in her hands for collection and annually thereafter each succeeding 3 LID 340 Final Assessment Roll ............ NN.N..i.... installment shall become due and payable in like manner. If the whole or any portion of the assessment remains unpaid after the first 30-day period, interest upon the whole unpaid sum shall be charged at the rate as determined above, and each year thereafter one of the installments, together with interest due on the unpaid balance, shall be collected. Any installment not paid prior to expiration of the 30-day period during which such installment is due and payable shall thereupon become delinquent. Each delinquent installment shall be subject, at the time of delinquency, to a charge of 9%penalty levied on both principal and interest due upon that installment, and all delinquent installments also shall be charged interest at the rate as determined above. The collection of such delinquent installments shall be enforced in the manner provided by law. SECTION 5: -Severabilitv. If any one or more sections, subsections, or sentences of this Ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Ordinance and the same shall remain in full force and effect. SECTION 6: - Effective Date. This ordinance shall take effect and be in force five (5) days from and after its passage, approval and publication as provided by law. JIM WHITE, MAYOR ATTEST: BRENDA JACOBER, CITY CLERK 4 LID 340 Final Assessment Roll ..................... 114, Kent City Council Meeting Date January 19, 1999 Category Consent Calendar 1 . SUBJECT: SKYVIEW WAREHOUSE NO. 6 - BILL OF SALE 2 . SUMMARY STATEMENT: As recommended by the Public Works Director, acceptance of the bill of sale for Skyview Warehouse #6 submitted by Auburn Commercial Development, Inc. for continuous operation and maintenance of 200 feet of watermain improvements and release of bonds after expiration period. The project is located at 7818 So. 194th street . 3 . EXHIBITS: Vicinity map 4 . RECOMMENDED BY: Public Works Director (Committee, Staff, Examiner, Commission, etc . ) 5 . UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES 6 . EXPENDITURE REQUIRED: $ SOURCE OF FUNDS : 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds . DISCUSSION: ACTION: Council Agenda Item No. 6E -SUE AVg W VALLEY NY N 8 N N y V N IV � y 77 AV 5 11 AV S �— UP RR IN N t T N N O �\ m a\ r BO AV s OAKSO E A: � s N 9O ✓ nd LHL l � 1 y 0 _ aa. 111O AV -PIV 1 I 1 W: VAIIEY ry m =* SKYVIEW WAREHOUSE #6 I� Kent City Council Meeting Date January 19. 1999 Category Consent Calendar 1 . SUBJECT: 1999 MILL CREEK FISH HABITAT - ACCEPT AS COMPLETE 2 . SUMMARY STATEMENT: As recommended by the Public Works Director, accept the 1998 Mill Creek Fish Habitat Improvements contract as complete and release retainage to Subdivision Management, Inc . upon standard releases from the State and release of any liens . The original contract amount was $185, 855 . 22 . The final construction cost was $152, 150 . 12 . 3 . EXHIBITS: None 4 . RECOMMENDED BY: Public Works Director (Committee, Staff, Examiner, Commission, etc . ) S . UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES 6 . EXPENDITURE REQUIRED: $ SOURCE OF FUNDS : 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 6F d 9 Kent City Council Meeting Date January 19 . 1999 Category Other Business 1 . SUBJECT: KAY PRELIMINARY PLAT SU-98-10 2 . SUMMARY STATEMENT: This date has been set to consider the Hearing Examiner' s recommendation of approval with conditions dated December 3 , 1998 , for the Kay Preliminary Plat . � . 3 . EXHIBITS: Hearing Examiner recommendation with map 4 . RECOMMENDED BY: Hearin Examiner (Committee, Staff, Examiner, Commission, etc . ) 5 . UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES G . EXPENDITURE REQUIRED: $ SOURCE OF FUNDS : 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember ��_seconds to approveAmedl€y y the Hearing Examiner ' s recommendation of approval with conditions for preliminary plat application of Kay Preliminary Plat . DISCUSSION: ACTION: Council Agenda Item No. 7A CITY Of /"U!2 J �,✓ Jim White, Mayor Plan Ig ment (253)859-3390/FAX(253) 850-2544 James P. Harris, Planning Director OFFICE OF THE LAND USE HEARING EXAMINER (253) 859-3390 Theodore P. Hunter Hearing Examiner FINDINGS, CONCLUSIONS AND RECOMMENDATION FILE NO: KAY #SU-98-10 APPLICANT: Tom O'Connor REQUEST: A preliminary plat request to subdivide approximately 3.36 acres into 15 single-family residential lots. LOCATION: The subject property is located on Kent's East Hill between SE 244`h Street and SE 248" Street, west of 104`h Avenue SE. APPLICATION FILED: August 4, 1998 DETERMINATION OF NONSIGNIFICANCE ISSUED: September 23, 1998 MEETING DATE: November 18, 1998 RECOMMENDATION ISSUED: December 3, 1998 RECOMMENDATION: APPROVAL with conditions STAFF REPRESENTATIVE: Fred N. Satterstrom, Planning Department Brad Hazeltine, Planning Department Gary Gill, Public Works Department PUBLIC TESTIMONY: Tom O'Connor, applicant Other James Jaeger Malcom Hams EXHIBITS: 1. Hearing Examiner file containing a copy of the Mitigated Determination of Nonsignificance, notice of public hearing, maps and staff report. 2204th AVENUE SOUTH / KENT.WASHINGTON 98032-5895/TELEPHONE t2531859-3300 Hearing Examiner Findings and Recommendation Kay #SU-98-10 INTRODUCTION After due consideration of all the evidence presented at public hearing on the date indicated above, and following an unaccompanied personal inspection of the subject property and surrounding area by the Hearing Examiner at a time prior to the public hearing, the following findings, conclusions and recommendation are entered by the Hearing Examiner on this application. SUMMARY OF PROCEEDINGS The applicant requests approval of a preliminary plat to subdivide approximately 3.36 acres into 15 single-family residential lots on property located on East Hill, between SE 244' Street and SE 248`h Street, west of 104`h Avenue SE. A public hearing was held on Wednesday, November 18, 1998 to allow all interested persons an opportunity to respond to the application and recommendation of approval. The Kent Planning Department reviewed the application and recommended approval with conditions in a written report presented at the public hearing. The City of Kent and the applicant appeared at the hearing. No one presented any opposition to the application. CRITERIA FOR DECISION 1. The decision of the Hearings Examiner must be supported by the evidence presented, as stated in the Findings of Fact, and must be consistent with the standards and criteria for review specified in state statutes and city ordinances. The standards and criteria for review of preliminary plat applications are found in Chapter 12.04 of the Kent City Code(KCC)and Chapter 58.17 of the Revised Code of Washington (RCW). These review criteria include: (a) KCC 12.04.020 which provides that the purpose of the city's subdivision regulations is to: Provide rules, regulations, requirements, and standards for subdividing land in the City of Kent, ensuring that the highest feasible quality in subdivision will be attained; that the public health, safety, general welfare, and aesthetics of the City of Kent shall be promoted and protected, that orderly growth, development, and the conservation, protection and proper use of land shall be ensured; that proper provisions for all public facilities(including circulation, utilities, and services) shall be made; that maximum advantage of site characteristics shall be taken into consideration; and that conformance with provisions set forth in the City of Kent Zoning Code and Kent Comprehensive Plans shall be ensured. (b) KCC 12.04.330 which specifies eight requirements that must be shown on the preliminary plat map including appropriate name and dates, proposed platted ..s 2 Hearing Examiner Findings and Recommendation Kay #SU-98-10 property lines, contours and elevations, proposed public service areas, square footage calculations for developed and open space, dimensions of each lot, statements of soil type and drainage conditions, a description of existing land cover, and a description of wildlife present. (c) KCC 12.04.370 which requires a written statement from the Seattle-King County Health Department as to the general adequacy of the proposed means of sewage disposal and water supply. (d) KCC 12.04.430 which provides for the protection of valuable, irreplaceable environmental amenities so that urban development may be as compatible as possible with the ecological balance of the area including preservation of drainage patterns, protection of ground water supply, prevention of erosion and preservation of trees and natural vegetation;. (e) KCC 12.04.440 which specifies requirements for utilities including sanitary sewers, a proper drainage plan and a proper water distribution system. (f) KCC 12.04.450 which requires due consideration to the allocation of public service usage areas and due regard for all natural features including large trees, water courses, historical spots and other community assets that would add attractiveness and value to the property. (g) KCC 12.04.490 which provides for mitigation of any adverse effects of development upon the existing park and recreational facilities in the City of Kent. RCW 58.17.110 which requires an inquiry into the public use and interest proposed to be served by the subdivision and a determination"that appropriate provisions are made for public health, safety and general welfare and for such open spaces,drainage ways, streets or roads, alleys, or other public ways, transit stops, potable water supplies, sanitary wastes, parks and recreation, playgrounds, schools and school grounds and all other relevant facts, including sidewalks and other planning features that assure safe walking conditions for students who only walk to and from school. After considering all the evidence presented at the public hearing on the date specified above, the following Findings, Conclusions and Decision are entered by the Examiner on this application. FINDINGS 1. The applicant requests a preliminary plat to subdivide two parcels totaling 3.36 acres into 15 single-family residential lots (approximately 4.5 units per acre). The subject property is located on East Hill,between SE 244" Street and SE 248"' Street,west of 104'Avenue SE. r.✓ Exhibit 1, Staff'Report page 1; Testimony of Mr. Hazeltine. 3 Hearing Examiner Findings and Recommendation Kay #SU-98-10 2. The subject property is zoned SR-6, Single Family Residential. The maximum permitted density is 6.05 units per acre. The surrounding properties are zoned O-MU, Professional and Office/Mixed Use overlay to the east, and SR-6 to the north, south and west. Exhibit 1, Staff Report,page 2. Existing land uses in the vicinity include low, medium, and high density residential development with some residences converted to business establishments. Exhibit 1, Staff Report,page 2. 3. The City Comprehensive Land Use Map designates the site as Single Family Residential, 8 units per acre (SF-8). Exhibit 1, Staff Report,page 2. The Comprehensive Plan supports infill of vacant or undeveloped lots and development near existing urban services and infrastructure. Exhibit 1, Staff Report, page 5. 4. The smallest lot would be 5,726 square feet. Exhibit 1, Preliminary Plat Map; Exhibit 1, Staff Report,page 7. The City representative testified that all lots would satisfy minimum lot size and width standards. Exhibit I page 5. 5. Sanitary sewer would be provided by the City of Kent. A gravity sewer system would be required, extended from the existing City sanitary sewer system. Exhibit 1, Staff Report, page 3; Exhibit 1, Preliminary Plat Map; Exhibit 1, Public Works Conditions. 6. Water service would be provided by the City of Kent. A water main exists to serve the site. Exhibit 1, Staff Report,page 3; Exhibit 1, Preliminary Plat Map; Exhibit 1, Public Works Data Information Sheet. 7. A grade and fill permit for the site was submitted and approved on December 3, 1997. The permit approval includes a requirement for a tree retention plan. Exhibit 1, Staff Report, page 3. 8. The applicant submitted a preliminary drainage plan. The Public Works Department reviewed the drainage plan and granted preliminary approval. Exhibit 1, Staff Report,pages 3-4. 9. Walnut Grove Park, a neighborhood park, is located in the vicinity of the proposed subdivision. The City Parks Department submitted that the proposed subdivision would impact existing park and recreation facilities. Thus,as a condition of approval, the applicant would be required to dedicate five percent of the total property being developed as open space or pay a fee in lieu of dedication pursuant to Kent Ordinance No. 2975. Exhibit 1, Parks Department Comments;KCC Section 12.04.490. 10. Access to the site would be off SE 244'" Street, classified as a Residential Collector street, which currently has substandard improvements.Exhibit 1, Staff Report,page 3. The current average daily traffic(ADT)along SE 244' Street is less than 500 vehicle trips per day. The proposed preliminary plat would add an estimated 134 daily and 14 PM peak hour trips to 4 Hearing Examiner Findings and Recommendation �..✓ Kay #SU-98-10 the area. Exhibit 1, Staff Report,page 3. The City reviewed the impacts the proposal might have on regional and local transportation systems and determined that mitigation would be required. Exhibit 1, MDNS; Exhibit 1, Public Works Conditions. 11. Internal access would be from an internal access street(identified as 102n' Place SE on the preliminary plat map)which would be designed to residential standards and terminate in a cul-de-sac. Exhibit 1, Staff Report,page 1; Exhibit 1, Preliminary Plat Map. The applicant would construct a walkway from the proposed subdivision to the Lang Subdivision. This walkway would provide pedestrian access to Meridian High School. Exhibit 1, MDNS,page 2. 12. As lead agency of environmental review, the City reviewed the proposal and issued a Mitigated Determination of Nonsignificance(MDNS) on September 23, 1998 which became final on October 8, 1998. The MDNS was issued subject to 15 conditions pertaining to street improvements and traffic mitigation, provisions for mass transit, pedestrian ways, stormwater management, erosion control, and water quality protection. Exhibit 1, ,VDNS, page 1. Any appeal of a MDNS must be filed within ten days of the date the MDNS becomes final. In this case, this would have been October 18, 1998. No appeals to the MDNS were filed. 13. During the environmental review process, the City identified adyerse tTaffic impacts and impose %on itions to mi gate e i entified impacts. The conditions include a requirement that the applicant enter into Environmental Mitigation Agreements (EMAs) for contributions to current and future road improvement projects. Exhibit 1, MDNS. At the public hearing, the applicant's attorney contested participation in any road improvement project that has not yet been designed. The applicant's attorney argued that all mitigation must be proportional to the identified impact and that an unknown project cannot be shown to be proportional. He further argued that a Local Improvement District must provide an opportunity for an objection to an assessment of each participant's cost and that the SEPA mitigation does not allow for this opportunity. Argument of Mr. Harris. The City Engineer responded to the argument of the applicant by pointing out the differences between an EMA and the formation and assessment of a Local Improvement District. He stated that an EMA was specifically designed as a SEPA mitigation measure and was intended to allow an applicant to reduce impacts to traffic such that a threshold of non-significance could be issued by the City. Testimony of Mr. Gill. The applicant's engineering representative testified that the applicant agreed to the conditions of approval recommended by the City in its report on the application;while reserving objections to SEPA conditions related to traffic as presented by the applicant's attorney. Testimony of Mr. Jaeger. 14. Notice of the public hearing was given by 1) posting on property and 2) mailing to all persons owning property within 300 feet of the subject property. Exhibit 1, Notice of Public Hearing Affidavit 5 Hearing Examiner Findings and Recommendation Kay #SU-98-10 CONCLUSIONS 1. The Hearings Examiner has jurisdiction to hold a public hearing on this application; to consider all evidence presented at the public hearing; and, based on that evidence, to issue a decision to approve, disapprove or approve with conditions the preliminary plat application. KCC 12.04.360; KCC 2.32.090. 2. The application for approval of a preliminary plat, with conditions, meets the criteria for approval as established by the Revised Code of Washington and the City of Kent Council. With conditions, the application will be consistent with the Kent Zoning Code and Comprehensive Plan; will provide adequate water and sewer service to proposed residential lots; will have considered natural features of the site in the proposed lot layout; and will provide mitigation of adverse impacts to the surrounding area including those to park and recreation facilities. Findings of Facts Nos. 1-14. 3. Conditions of approval are necessary to ensure that adequate provisions will be made for public health and safety, open spaces, drainage ways, streets, mass transit, water and sanitary sewer, parks and recreation, and protection of critical areas. The application should be approved subject to conditions to require stormwater drainage improvements to address increased water flow from impervious surfaces; street improvements to address increased traffic on surrounding streets; sanitary sewer and water system improvements to ensure that future residents will have adequate utility services; pedestrian access improvements to parks and schools; and park improvements or fees to ensure parks are available for neighborhood residents. Findings of Fact Nos. 1- 14. 4. The applicant's attempt to appeal conditions related to the MDNS is not timely and cannot be decided at this time by the Hearing Examiner. The applicant's attorney is correct in his argument that any conditions of approval imposed upon an application must be proportional to the identified impact. There is ample caselaw to support this position.' However, the applicant confuses mitigation pursuant to the State Environmental Policy Act(SEPA) with mitigation of impacts identified following environmental review under that act. SEPA authorizes a responsible official to issued a Mitigated Determination of Nonsignifrcance if conditions imposed will allow a project to proceed without any significant adverse impacts to the environment.'During review of this application, the City determined that several 1 See,for example, Orion Corp. v. State, 109 Wash.2d 621,648-49,747 P.2d 1062(1987); Guimont v. Clarke, 121 Wash.2d 586,610-11,854 P.2d 1 (1993); Sintra, Inc. v. City of Seattle, 119 Wash.2d 1,22,829 P.2d 765 (1992); Robinson v. City of Seattle, 119 Wash.2d 34,55,830 P.2d 318(1992). Christianson v. Snohomish Health Dist., 133 Wn.2d 647,946 P.2d 768,(Wash. 1997). 2 For a comprehensive discussion of the use of the SEPA MDNS process see Anderson v.Pierce County 86 Wn.App. 290, 303, (1997)wherein that court states that: 6 Hearing Examiner Findings and Recommendation `.,. Kay #SU-98-10 conditions were necessary in order to issue a threshold determination of non-significance. One of those conditions relates to participation in an Environmental Mitigation Agreement (EMA). According to the testimony of the City Engineer, this agreement is different than formation and assessment under an LID. In fact the EMA was developed to assist applicants in providing for mitigation of traffic impacts without the uncertainties of the LID process. In any event, the mitigation imposed on the applicant through the required participation in an EMA was a condition of the environmental review process under SEPA; not as a condition of approval during review under the subdivision statute and ordinances. Thus,the applicant is required to contest that mitigation within the time frame allowed under SEPA. This time had passed prior to the open record hearing on the application. The challenge to the EMA condition is brought too late for the Examiner to consider. Findings of Fact No. 12 & 13. The Legislature created the MDNS process to encourage agencies and applicants to work together to reduce the impacts of a project below the threshold level of significance. WAC 197-11-350. With an MDNS,promulgation of an EIS and intense public participation are rendered unnecessary because the mitigated project will no longer cause significant adverse environmental impacts. Use of mitigation to bring projects into compliance with SEPA,without promulgation of an EIS,has been viewed favorably by the Washington courts. The Washington State Supreme Court deems the MDNS process to be "eminently sensible." Hayden v. City of Port Townsend,93 Wash.2d 870,880,613 P.2d 1164(1980),overruled on other grounds,SANE v.Seattle, 101 Wash.2d 280,676 P.2d 1006(1984). The Court of Appeals,Division One,has held that SEPA encourages compromise and accommodation by requiring that the decision-maker consider mitigation and state why it is inadequate to relieve the adverse impact. When the decision-maker imposes some mitigation measures,this does not necessarily mean that unmitigated impacts no longer exist or will be totally eradicated by mitigation,but merely that as mitigated,the project as a whole is acceptable. Victoria Tower Partnership v. City of Seattle, 59 Wash.App.592,603,800 P.2d 380(1990)(footnote omitted). Similarly, the Washington Department of Ecology (DOE) has favorably characterized the MDNS process as conducive to efficient,cooperative reduction or avoidance of adverse environmental impacts: The mitigated DNS provision in WAC 197-11-350 is intended to encourage applicants and agencies to work together early in the SEPA process to modify the project and eliminate significant adverse impacts. The mitigated DNS process is not intended to reduce the amount of environmental review done on a project,but to reduce the paperwork needed to document the process. Richard L. Settle, DOE Interpretations of Determination of Non-Significant Provisions,at 466 app. (1988 SEPA Handbook G-1 to G-6). The propriety of bringing a proposal below the significance threshold by informally negotiating project modifications has been embraced by the SEPA Rules and reined in by the requirements of WAC 197-11-350. Settle, The Washington State Environmental Policy Act—A Legal and Policy Analysis, § 13(d)(vi),pg. 137-39. The SEPA Rules provide that if in the course of formulating a MDNS,the lead agency determines that"a proposal continues to have a probable significant adverse environmental impact, even with mitigation measures, an EIS shall be prepared." WAC 197-11-350(2). This touchstone of the SEPA review process provides protection from abuse. If a MDNS is issued and an appealing patty proves that the project will still produce significant adverse environmental impacts,then the MDNS decision must be held to be"clearly erroneous"and an EIS must be promulgated. iMee.eee.... Hearing Examiner Findings and Recommendation Kay #SU-98-10 DECISION The application for Preliminary Plat to subdivide 3.36 acres into 15 single-family residential lots is APPROVED, subject to the following conditions: A. GENERAL. CONDITIONS OF APPROVAL 1. The owner/subdivider shall implement all mitigation measures required mitigated Determination of Nonsignificance for the proposed Kay preliminary subdivision, File #ENV-98-58. B. PRIOR TO ELCORDING THE SUBDIVISION: 1. The Owner/ Subdivider shall receive approval for engineering drawings from the Department of Public Works, and either construct or bond for the following: a. A gravity sanitary sewer system to serve all lots. The sewer system shall be extended from the existing City sanitary sewer system and shall be sized to serve all off-site properties within the same service area. In addition, the sanitary sewer system shall be extended across the entire subdivision as needed to serve adjacent properties. The septic system, if any, serving the existing home within the proposed subdivision shall be abandoned in accordance with King County Health Department Regulations. b. A water system meeting domestic and fire flow requirements for all lots. The existing well, if any, shall be abandoned in accordance with the requirements of the Department of Ecology. C. Detailed Drainage Plans which show how the 100-year post-developed stormwater runoff from this development will be collected,conveyed, stored, treated and released to the City stormwater drainage system in compliance with the Kent Construction Standards. d. An open-to-the-air stormwater treatment system in accordance with Kent Construction Standards to mitigate for potential impacts to stormwater runoff quality. 8 Hearing Examiner Findings and Recommendation a J Kay #SU-98-10 e. Street Improvement Plans for the subdivision road which meets the City's minimum street width criteria. This subdivision street shall be in conformance with the requirements for a Residential Street as more fully described in the City of Kent Construction Standards, including but not limited to: 5-foot wide cement sidewalks along the entire frontage of the platted property; at least 32-feet of paved street section; combined curbs & gutters on both sides of the street; a City-approved street lighting system; public stormwater drainage and treatment facilities; and street related appurtenances. 2. The Owner/ Subdivider shall submit and receive approval for a Detailed Tree Plan from the Planning Department. Grading Plans cannot be approved by the Department of Public Works without an approved Detailed Tree Plan. 3. The Owner / Subdivider shall provide the following restriction on the face of the recorded plat: RESTRICTION: Direct vehicular access to or from Southeast 244`h Street is not permitted for lots 1 and 14. 4. The Owner/ Subdivider shall dedicate all necessary public rights-of-way for the public improvements required for subdivision approval, and shall otherwise convey all public and private easements required for subdivision approval. 5. Prior to release of any construction bonds, the Department of Public Works must approve As-Built Drainage Plans, As-Built Water Plans, As-Built Sewer Plans, and Street Improvement Plans for the entire project prepared by a professional land surveyor licensed by the State of Washington in conformance to the requirements of Appendix "E" of the City of Kent Construction Standards. 6. A fee-in-lieu of park dedication shall be paid by the owner/subdivider in conformance with KCC 12.04.490. C. PRIOR TO THE ISSUANCE OF A PERMIT ON ANY TOT IN THE KAY SUBDIVISION #cr T 98 i n THE OWNER/SUBDIVIDER SHALL: 1. Record the plat. 2. Construct all of the improvements required above. 3. Receive approval of the required As-built Drawings for Water, Sewer, Street, and Stormwater Facilities. ti.✓ 9 Hearing Examiner Findings and Recommendation Kay #SU-98-10 Dated this 3rd day of December, 1998. THEODORE PAUL HUNTER Hearing Examiner 10 F0. 1 (NOT VISITED) S.E. 244th ST. R.O.W. �p N 89*17'49' w T — , R.O.W. 149.97' N 89'17'49" w B9.er _l_ 30.00' T c 0 0� 20' 20_f N 891 T49' W 40' 109.87' �--� 0 3 I OIL oa of AN 89'17'49' W 109.77' z N m •oo 7C I 1..,r N 89'1 T 49' w •.J,• h,•• O CDL+ I _ 109.67' O V� O O Z L+ N 8917'49' W I u l el > � 109.56'TO O m0 �J cI �I � N 89'I7'49' W N 109.46' �. C m U 00 o m m �I I O �q o O I CO_ Ig c c it NCD N I D Q N 8917Y9' W oQ S 89'17'49" E I ? 1oe.36' 7 122.00' w � 77.01' 40.99' I Il^m N I z O N 89'17'49' W J 9�„ �: N n 113.29' 01 I f if O "►. 4= m 114.05' N 8917'49' W 1�.,.1 c� yam•a�4 CZg ?p. N 89'1 T31' W m 70.00' I IUI � L_ _ IINN �\ B Giti Off. I co L ._m rT 29.82' 1i Win' d N 63'8''1' E N 86'15'17' E 3 N 8917'31' W 11 / N9. 104.15 nNW '\ O sJ89 r N 119 T31' W °j~ �9 ZJ'!� I 0 m 38.96' iC?y bN mN z C25 N 1 m O I�i g p m 'tea I Obi + G + r m uO1i N g 1.. • gym. ? O I [`ti]'! . m P %° gl � I m j 72.00' SD.00' _ 72.33'J — 100,57' — d. a 300,90' Lam! I i QNN N 89'17'31" w � I Tyy I m Dm z I I _ � Kent City Council Meeting �- Date January 19, 1999 Category Other Business 1 . SUBJECT: ERIN GLADE PRELIMINARY PLAT SU-98-6 2 . SUMMARY STATEMENT: This date has been set to consider the Hearing Examiner' s recommendation of approval with conditions dated December 3 , 1998 , for the Erin glade Preliminary Plat . 3 . EXHIBITS: Hearing Examiner recommendation with map 4 . RECOMMENDED BY: Hearing Examiner (Committee, Staff, Examiner, Commission, etc . ) 5 . UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES 6 . EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: 7 . CITY COUNCIL AC//T��I�pON" Councilmember - moves, Councilmember seconds to approve4me ftle?ty- the Hearing Examiner' s recommendation of approval with conditions for preliminary plat application of Erin Glade Preliminary Plat . DISCUSSION: ..r ACTION: Council Agenda Item No. 7B CITY OF � 11 Jim White, Mayor Planning Department (253) 859-3390/FAX(253) 850-2544 James P. Harris, Planning Director OFFICE OF THE LAND USE HEARING EXAMINER (253) 859-3390 Theodore P. Hunter Hearing Examiner FINDINGS, CONCLUSIONS AND RECOMMENDATION FILE NO: ERIN GLADE #SU-98-6 APPLICANT: Bill Curran, Shamrock Development Corporation QUEST-: A preliminary plat request to subdivide approximately 9.15 acres into 34 single-family residential lots. LOCATION: The property is located on Kent's East Hill between SE 271" Street and SE 274`h Street, west of 114`h Avenue SE. APPLICATION FILED: July 24, 1998 DETERMINATION OF NONSI NIFICANCE Imo: September 14, 1998 MEETING DATE: November 18, 1998 RECOMMENDATION ISSUED: December 3, 1998 RECOMMENDATION: APPROVED with conditions STAFF REPRESENTATIVE: Fred N. Satterstrom, Planning Department Brad Hazeltine, Planning Department PUBLIC TESTIMONY: Bill Curran Other Charlie Kiefer Mallory Anderson Dan Kiefer EXHIBITS: 1. Hearing Examiner file containing a copy of the Mitigated Determination of Nonsignificance, notice of public hearing, maps and staff report. 2204th AVENUE SOUTH ! KENT.WASHINGTON 98032-5995/TELEPHONE (253)859-3300 Hearing Examiner Findings and Recommendation Erin Glade #SU-98-6 ENTRODUCTION After due consideration of all the evidence presented at public hearing on the date indicated above, and following an unaccompanied personal inspection of the subject property and surrounding area by the Hearing Examiner at a time prior to the public hearing, the following findings, conclusions and recommendation are entered by the Hearing Examiner on this application. SUMMARY OF PROCEEDINGS The applicant requests approval of a preliminary plat to subdivide approximately 9.15 acres into 34 single-family residential lots on property located on East Hill, between SE 271" Street and SE 274`h Street, west of 114`h Avenue SE. A public hearing was held on Wednesday, November 18, 1998 to allow all interested persons an opportunity to respond to the application and recommendation of approval. The Kent Planning Department reviewed the application and recommended approval with conditions in a written report presented at the public hearing. The City of Kent and the applicant appeared at the hearing. CRITERIA FOR DECISION 1. The decision of the Hearings Examiner must be supported by the evidence presented, as stated in the Findings of Fact, and must be consistent with the standards and criteria for review specified in state statutes and city ordinances. The standards and criteria for review of preliminary plat applications are found in Chapter 12.04 of the Kent City Code (KCC) and Chapter 58.17 of the Revised Code of Washington (RCW). These review criteria include: (a) KCC 12.04.020 which provides that the purpose of the city's subdivision regulations is to: Provide rules, regulations, requirements, and standards for subdividing land in the City of Kent, ensuring that the highest feasible quality in subdivision will be attained; that the public health, safety, general welfare, and aesthetics of the City of Kent shall be promoted and protected, that orderly growth, development, and the conservation, protection and proper use of land shall be ensured; that proper provisions for all public facilities(including circulation, utilities, and services) shall be made; that maximum advantage of site characteristics shall be taken into consideration; and that conformance with provisions set forth in the City of Kent Zoning Code and Kent Comprehensive Plans shall be ensured. (b) KCC 12.04.330 which specifies eight requirements that must be shown on the preliminary plat map including appropriate name and dates, proposed platted v" 2 Hearing Examiner Findings and Recommendation Erin Glade #SU-98-6 property lines, contours and elevations,proposed public service areas, square footage calculations for developed and open space, dimensions of each lot, statements of soil type and drainage conditions, a description of existing land cover, and a description of wildlife present. (c) KCC 12.04.370 which requires a written statement from the Seattle-King County Health Department as to the general adequacy of the proposed means of sewage disposal and water supply. (d) KCC 12.04.430 which provides for the protection of valuable, irreplaceable environmental amenities so that urban development may be as compatible as possible with the ecological balance of the area including preservation of drainage patterns, protection of ground water supply, prevention of erosion and preservation of trees and natural vegetation. (e) KCC 12.04.440 which specifies requirements for utilities including sanitary sewers, a proper drainage plan and a proper water distribution system. (f) KCC 12.04.450 which requires due consideration to the allocation of public service usage areas and due regard for all natural features including large trees, water courses, historical spots and other community assets that would add attractiveness and value to the property. (g) KCC 12.04.490 which provides for mitigation of any adverse effects of development upon the existing park and recreational facilities in the City of Kent. RCW 58.17.110 which requires an inquiry into the public use and interest proposed to be served by the subdivision and a determination"that appropriate provisions are made for public health, safety and general welfare and for such open spaces, drainage ways, streets or roads, alleys, or other public ways, transit stops, potable water supplies, sanitary wastes, parks and recreation, playgrounds, schools and school grounds and all other relevant facts, including sidewalks and other planning features that assure safe walking conditions for students who only walk to and from school. After considering all the evidence presented at the public hearing on the date specified above, the following Findings, Conclusions and Decision are entered by the Examiner on this application. FINDINGS 1. The applicant requests a preliminary plat to subdivide approximately 9.15 acres into 34 single-family residential lots (approximately 3.7 units per acre). The subject property is 3 Hearing Examiner Findings and Recommendation Erin Glade #SU-98-6 located on East Hill, between SE 271" Street and SE 274`h Street, west of 114`h Avenue SE. Exhibit 1, Staff Report,page 1; Testimony of Mr. Hazeltine. 2. The subject property is zoned SR-6, Single Family Residential. The maximum permitted density is 6.05 units per acre. Existing land uses in the vicinity include low and medium density residential development to the north, south and west of the site. The property to the southeast of the proposed subdivision is currently undeveloped and owned by the City. Exhibit 1, Staff Report, page 2. 3. The City Comprehensive Land Use Map designates the subject property as Single Family Residential, 6 units per acre (SF-6). Exhibit 1, Staff Report, page 2. The Comprehensive Plan supports infill of vacant or undeveloped lots and development near existing urban services and infrastructure. Exhibit 1, Staff Report, page 6. 4. The smallest lot would be 5,700 square feet. Exhibit 1, Preliminary Plat Map. The City representative submitted that all proposed lots would satisfy minimum lot size and width standards. Exhibit ], Staff Report,page 6. 5. Numerous significant trees exist on the subject property. The City would require the applicant to submit a detailed tree plan, subject to Planning Department approval, with the intent to save those trees outside the area needed for road, utility, and house construction. Exhibit 1, Staff Report,pages 7, 9. 6. Two wetland areas have been identified onsite. Tracts E and F would contain the wetlands and the wetland buffers. Exhibit 1, Preliminary Plat Map. To ensure adequate, ongoing protection of the wetlands, the applicant would be required to adhere to conditions pertaining to wetland protection and mitigation. Exhibit 1, MDNS; Exhibit 1, Staff Report,page 10. 7. The City of Kent would provide sanitary sewer and water service. Exhibit 1, Staff Report, page 3. A water main and sanitary sewer line exist to serve the site. Exhibit 1, Public Works Comment Letter. 8. The applicant submitted a preliminary drainage plan. The Public Works Department reviewed the drainage plan and granted preliminary approval. Exhibit 1, Staff Report, page 4; Testimony of Mr. Hazeltine. 9. Pine Tree Park, a neighborhood park, is located in the vicinity of the subject property. Exhibit 1, Parks Department Comments. The City Parks Department submitted that the proposed subdivision would impact existing park and recreation facilities. As a condition of approval the applicant would be required to dedicate five percent of the total property being developed as open space or pay a fee in lieu of dedication pursuant to Kent Ordinance No. 2975. Exhibit 1, Parks Department Comments; KCC Section 12.04.490. Pursuant to 4 Hearing Examiner Findings and Recommendation Erin Glade #SU-98-6 KCC 12.04.490(C), the fee in lieu of dedication must fund a capital improvement to mitigate the direct impact of the development and the fee must be expended in 5 years. Fees collected in lieu of dedication must be used for improvements within the area directly impacted by the development. Testimony of Mr. Hazeltine. 10. Kent Parks and Recreation Department submitted that it intends to purchase two parcels adjacent to the south and east of the proposed subdivision for future development of a neighborhood park. Exhibit 1, Kent Parks and Recreation Memorandum. A 12-foot wide pedestrian access path would be constructed from the proposed plat road to the future park site. Exhibit 1, Staff Report, pages 4-5; Exhibit 1, Preliminary Plat Map. The City representative testified that is it likely that the required fee in lieu of dedication would be used for this park. Testimony of Mr. Hazeltine. 11. Access to the site would extend from SE 274`h Street through the subject property to 114`h Avenue SE. The internal road would be constructed to City standards. Exhibit 1, Staff Report,page 1; Exhibit 1, MDNS, page ?. 12. One Hundred Fourteenth Street, classified as a Residential Collector street, has substandard improvements.Exhibit 1, Staff Report,page 3. The current average daily traffic (ADT)along 114`h Avenue SE is approximately 800 vehicle trips per day. The proposed preliminary plat would add an estimated 320 daily and 33 PM peak hour trips to the area. Exhibit 1, Staff Report,page 3. The City reviewed the impacts the proposal might have on regional and local transportation systems and determined that mitigation would be required. Exhibit 1, MDNS. 13. Southeast 274" is currently classified as a Residential Street and is improved with 20 feet of asphalt. Required improvements of SE 274' Street will be provided through the South 272nd/South 277d' Street Corridor Project. When complete SE 274"' Street will become a Minor Arterial. A LID may be formed to subsidize the South 272"d/South 277`h Street Corridor Project. Exhibit 1, Staff Report,page 4. A fair share contribution into the South 272nd/South 277d' Street Corridor Project would be required. Exhibit 1, MDNS,page 1. 14. As lead agency of environmental review, the City reviewed the proposal and issued a Mitigated Determination of Nonsignificance (MDNS)on September 14, 1998 that became final on September 29, 1998. The MDNS included 16 conditions relating to street improvements and traffic impact mitigation; mitigation of impacts to wetland areas; mitigation of stormwater impacts; and protection of water quality. Exhibit 1, MDNS. No appeals to MDNS were filed. 15. Notice of the public hearing was given by: 1) posting on property and 2) mailing to all persons owning property within 300 feet of the subject property.Exhibit 1, Notice of Public Hearing Affidavit. The applicant's representative testified that the applicant agreed to the 5 Hearing Examiner Findings and Recommendation Erin Glade #SU-98-6 conditions of approval. Testimony of Mr. Curran. At the public hearing, residents in the vicinity inquired into the use of park fees and stormwater management. The testimony presented was not in opposition to the proposed development but related specific concerns that should be taken into account if the proposed project is developed. Testimony of Mr. C. Kiefer, Testimony of Mr. D. Kiefer. The residents were assured by the City's representative that the park fees would be collected and that park improvements would be made. The City also agreed to meet with residents in the area to address specific concerns about stormwater impacts. Testimony of Mr. Hazeltine. CONCLUSIONS 1. The Hearings Examiner has jurisdiction to hold a public hearing on this application; to consider all evidence presented at the public hearing; and, based on that evidence, to issue a decision to approve, disapprove or approve with conditions the preliminary plat application. KCC 12.04.360; KCC 2.32.090. 2. The application for approval of a preliminary plat, with conditions, meets the criteria for approval as established by the Revised Code of Washington and the City of Kent Council. With conditions, the application will be consistent with the Kent Zoning Code and Comprehensive Plan; will provide adequate water and sewer service to proposed residential lots; will have considered natural features of the site in the proposed lot layout; and will provide mitigation of adverse impacts to the surrounding area including those to park and recreation facilities. Findings of Facts Nos. 1-15. 3. Conditions of approval are necessary to ensure that adequate provisions will be made for public health and safety, open spaces, drainage ways, streets, mass transit,water and sanitary sewer, parks and recreation, and protection of critical areas. The application should be approved subject to conditions to require stormwater drainage improvements to address increased water flow from impervious surfaces; street improvements to address increased traffic on surrounding streets; sanitary sewer and water system improvements to ensure that future residents will have adequate utility services; pedestrian access improvements to parks and schools; park improvements or fees to ensure parks are available for neighborhood residents; protection of existing trees to assist in stormwater control and visual aesthetics, and protection of wetland areas to assist in stormwater control and protection of water quality. Findings of Fact Nos. 1- 15. DECISION The application for Preliminary Plat to subdivide 9.15 acres into 34 single-family residential lots is APPROVED, subject to the following conditions: 6 Hearing Examiner Findings and Recommendation Erin Glade #SU-98-6 A. GENERAL CONDITIONS OF APPROVAL The owner/subdivider shall implement all mitigation measures required by the mitigated Determination of Nonsignificance for the proposed Erin Glade preliminary subdivision, File #ENV-98-54. B. PRIOR TO RECORDATION OF THE FINAL PLAS 1. The Owner/Subdivider shall receive approval for engineering drawings from the Department of Public Works, and either construct or bond for the following: a. A gravity sanitary sewer system to serve all lots. The sewer system shall be extended from the existing City sanitary sewer system and shall be sized to serve all off-site properties within the same service area. In addition, the sanitary sewer system shall be extended across the entire subdivision as needed to serve adjacent properties. The septic system serving the existing home(s) within the proposed short plat �✓ shall be abandoned in accordance with King County Health Department Regulations. b. A water system meeting domestic and fire flow requirements for all lots. The existing well(s) shall be abandoned in accordance with the requirements of the Department of Ecology. C. Detailed Drainage Plans which show how the 100-year post-developed stormwater runoff from this development will be collected, conveyed, stored, treated and released to the City stormwater drainage system in compliance to the City of Kent Construction Standards. d. An open-to-the-air stormwater treatment system in accordance with the requirements of the Kent Construction Standards to mitigate for potential impacts to stormwater runoff quality. e. Street Improvement Plans for the subdivision street. The Street Improvement Plans for this subdivision street shall be designed in conformance to the requirements for a Residential Street as described in the City of Kent Construction Standards, and as specified in the DNS for this subdivision. 7 ............... Hearing Examiner Findings and Recommendation Erin Glade —' #SU-98-6 Said improvements shall also include traffic calming measures and/or devices as may be determined necessary by the Public Works Department. f. Street Light Plans meeting the requirements of the City of Kent Development Assistance Brochure for Street Lighting Requirements prepared by a qualified professional engineer licensed by the State of Washington. This brochure is available from the Transportation Section of the Public Works Department. 2. The Applicant shall submit and receive approval for a Detailed Tree Plan from the Planning Department. Grading Plans cannot be approved by the Department of Public Works without an approved Detailed Tree Plan. 3. The owner/subdivider shall dedicate or deed all necessary public right/of/way for the improvements listed in Sections A& B and provide all public and private easements necessary for the construction, operation and maintenance of the required improvements identified in Sections A & B , above. 4. Prior to release of any construction bonds, the Department of Public Works must approve As-Built Drainage Plans for the entire site prepared by a professional land surveyor licensed by the State of Washington in conformance to the requirements of Appendix "E" of the City of Kent Construction Standards. 5. The surface of the pedestrian access tract shall be improved to a width of 10 feet with 2"of asphalt over 4"of crushed base and the entry secured with protective bollards. A minimum 6 foot high solid wood fence shall be installed along both sides of the access tract and appropriate illumination shall be provided as approved by the Public Works Department. 6. All private access tract roadways shall be improved with a minimum 20 foot width of asphalt if servicing up to 4 lots. 7. Any lot which makes use of a private access tract roadway shall have a minimum 12' width of continuous parallel lot frontage abutting such tract to allow for a standard residential driveway connection. 8. The owner/subdivider shall submit and receive approval for a Wetland Delineation Report and Mitigation Plan from the Public Works Department. Avoiding Wetland Impacts shall be pursued to the maximum extent possible. 8 Hearing Examiner Findings and Recommendation Erin Glade #SU-98-6 9. The owner/subdivider shall dedicate five percent of the site area or pay a fee-in-lieu of dedication for park and open space purposes;pursuant to KCC 12.04.490. C. PRIOR TO THE ISSUANCE OF A BUILDING PERMIT ON ANY LOT IN THE ERIN GLADE SUBDIVISION (#SU 98-06) THE OWNER/SI IRDIVIDER SHALL: 1. Receive approval for the Wetland Delineation Report and Wetland Mitigation Plan for this subdivision. 2. Execute all EMAs required by the conditions of approval for the DNS issued for this project. 3. Construct all of the improvements required above. 4. Receive approval of the required As-built Drawings for Water, Sewer, Street, and Stormwater Facilities. Dated this 3rd day of December, 1998. THEODORE PAUL HUNTER Hearing Examiner 9 14054' 68.34"1 '.3468 5 1'50'JJ'W 620.36• 20'I � � -� 68.54' 88.34' 68.31' 68.34• 68.54' pIt) 01.11Y ? F Y w F V I !' 68.54' 68.34' 6d.34' 22.71• ? ? \••"' I CJ `q N01'30'JTE 426_40' �7 � q Y 5t.J9' �I 69.55' 22..00' \ 9.00' 39.00' 61.00' 58.00• ' c••,J� cc a oRM Q 6" �Noa43'JYE BB.6r' g� Y g• a g w gS .N N G Vy i 1 6$+ 61.12' ln.o• Noi• •J' 22,0• NO2' 6'w r Y ri � elr.i 'N00'45'J YE 83.00' I I ♦ S ;IF N w u 50.00, 79.76' 53.00' 1 a N00'43•J E 125.79' I ?=0 0 m ? y -ym�j n ? 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R. 5 E, W.Y c I P 114TH AVFNUE S.E. u ........................ Kent City Council Meeting Date January 19 , 1999 Category Other Business 1 . SUBJECT: COMPREHENSIVE PLAN AND ZONING AMENDMENTS CPA-98-2 (A-L) /CPZ-98- (1-9) 2 . SUMMARY STATEMENT: According to City of Kent procedures, amendments to the Comprehensive Plan are processed collectively once every year. Applications for 12 plan amendments were received by September 1 , 1998 . Ten of these applications were plan map amendments with rezone requests; one application was for a policy amendment, and one request was an amendment of the City' s Capital Facilities Element . The Land Use and Planning Board held public hearings and made recommendations on these proposals on November 23 , November 30 , and December 14 , 1998 . 3 . EXHIBITS: Staff memo, staff report to Land Use & Planning Board (11/23/98) , minutes of 11/23/98 LUPB meeting, minutes of 11/30/98 LUPB meeting, memo to LUPB dated 12/14/98 , and minutes �l of 12/14/98 LUPB meeting 4 . RECOMMENDED BY: Land Use & Planning Board (Committee, Staff, Examiner, Commission, etc . ) S . UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES 6 . EXPENDITURE REQUIRED: $ SOURCE OF FUNDS : 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds to approve/modify/deny the Land Use & Planning Board' s recom- mendations on the proposed 1998 Comprehensive Plan and Zoning Amendments, and to direct the City Attorney to prepare the necessary ordinances . DISCUSSION: ACTION: Council Agenda Item No. 7C CITY Ofsr. s� White, Mavor Planning Department (253) 859-3390/Fax (253) 850-2544 James P. Harris, Planning Director CITY OF KENT PLANNING DEPARTMENT (253) 859-3390 MEMORANDUM January 19, 1999 TO: MAYOR JIM WHITE, AND MEMBERS OF THE CITY COUNCIL FROM: MATTHEWS JACKSON, PLANNER/GIS COORDINATOR SUBJECT: #CPA-98-2 (A-L) / #CPZ-98-(1-9) - 1998 COMPREHENSIVE PLAN AMENDMENTS Attached is the Land Use and Planning Board's recommendation relating to the proposed 1998 amendments to the Kent Comprehensive Plan (#CPA-98-2 (A-L)/#CPZ-98- (1-9). The Land Use and Planning Board conducted public hearings on this item on November 23rd, November 30th, and December 14, 1998, (see attached minutes). �. As outlined in the attached staff report, the City received a total of twelve proposed amendments to the comprehensive plan. Ten of these requests involve changes to the Land Use Plan Map. The proposed comprehensive plan amendments have been reviewed concurrently with corresponding changes to the Kent zoning map. The Land Use and Planning Board considered the following applications at their public hearings. A summary of each application is provided below, followed by the Planning Board's recommended action on amending the Land Use Plan Map and zoning map (see attachments A and B). Proposal A- A change to the Land Use Plan Map from Single Family Residential 6 units per acre to Commercial for the property located at the southwest corner of SE 256" Street and 132o' Avenue SE. (Brutsche #CPA-98-2(A)/#CPZ-98-1) The Planning Board is recommending that the applicant's request for a land use designation of Commercial is denied, and the zoning remains SR-6. Proposal B - A change to the Land Use Plan Map from Commercial to Low Density Multifamily Residential for the property located on the south side of Kent-Des Moines Road, approximately 700 feet west of Pacific Highway South. (Shulman #CP-98-2(B)/#CPZ- 98-2) The Planning Board is recommending that the applicant's request for a land use designation of Low Density Multifamily Residential be denied, and the zoning remain General Commercial. "041h,\\FNUE SOUTH / KENT.\\:\SHINGToN TFL.EPI1oNF (2$31 Sjo.3300 Subject: #CPA-98-2 (A-L) / #CPZ-98- (1-9) Comprehensive Plan Amendments January 19, 1999 Page 2 Proposal C - A change to the Land Use Plan Map from Single Family Residential 3 units per acre to Single Family Residential 6 units per acre for the property located at 13602 SE 282nd Street. (Burridge#CPA-98-2(C)/#CPZ-98-3). The Planning Board is recommending that the applicant's request for a land use designation of SF-6 is denied, and the zoning remains SR-3. Proposal D- A change to the Land Use Plan Map from Single Family Residential 6 units per acre to Commercial for the property located at 11715 and 11733 Kent-Kangley Road. (Costanzo#CPA-98-2(D)/#CPZ-984) The Planning Board is recommending that the applicants' property be redesignated as Commercial in the comprehensive plan and NCC, Neighborhood Convenience Commercial, on the zoning map. Proposal E - A change to the Land Use Plan Map from Industrial to Low Density Multifamily Residential for the property located at 881h Avenue South and South 2181h Street. (Mower/Tonelli #CPA-98-2(E)/#CPZ-98-5) The Planning Board is recommending that the applicants' property be redesignated as Low Density Multifamily Residential in the comprehensive plan and MRG, Garden Density Multifamily Residential, on the zoning map. Proposal F- A change to the Land Use Plan Map from Low Density Multifamily Residential to Commercial for the property located at 12809 Kent-Kangley Road. (Mower/Nguyen #CPA-98-2(F)/#CPZ-98-6) The Planning Board is recommending that the applicants' request for a land use designation of Commercial be denied, and the zoning remain MRG. Proposal G - A change to the Land Use Plan Map from Mobile Home Park to Commercial for the property located at 15386 SE 272°d Street. (Gusa #CPA-98-2(G)/#CPZ-98-7) The Planning Board is recommending that the applicant's property be redesignated Commercial in the Comprehensive Plan and Community Commercial, on the zoning map. Proposal H - A change to the Land Use Plan Map from Single Family Residential 6 units per acre to Single Family Residential 8 units per acre for the property located at 25840 135' Lane SE. (Houle#CPA-98-2(H)/#CPZ-98-8) The Planning Board is recommending that the applicant's property be redesignated Single Family Residential 8 units per acre in the comprehensive plan, and the zoning changed to SR-8, Single Family Residential, 8.71 units per acre. Subject: #CPA-98-2 (A-L) / #CPZ-98- (1-9) Comprehensive Plan Amendments January 19, 1999 Page 3 Proposal I - A change to the Land Use Plan Map from Restricted Mixed Use to Medium Density Multifamily Residential for the property located at 108'h Avenue SE and Kent-Kangley Road. (Mower/Hebert#CPA-98-2(I)/#CPZ-98-9) The Planning Board is recommending that the applicants' request for a land use designation of Medium Density Multifamily be denied, and the zoning remain Professional and Office/Mixed Use. Proposal J- A request to add the following policy in one of the Comprehensive Plan sections headed by Goal LU-9 and Goal LU-10 of the Comprehensive Plan Land Use Element: Allow and encourage single family townhouse style attached condominiums in the single family residential zones that permit residential densities of six units per acre or higher. (Ruth #CPA-98-2(J) ) The Planning Board is recommending that a work program be set up for 1999 to study the proposal to allow attached units in single family zones. Proposal K- Amendments to the Capital Facilities Element. (Kent Finance Department#CPA-98-2 (K)) The Planning Board is recommending that the Capital Facilities Element be amended as ... outlined by the Finance Department. Proposal L - A change to the Land Use Map from Single Family Residential 8 units per acre to Mixed Use in order to implement an action contained in the Kent Downtown Strategic Action Plan. (Kent Planning Department #CPA-98-2(L) ) The Planning Board is forwarding this request to the City Council without a recommendation. Staff will be available at the January 19, 1999, City Council meeting to discuss the Planning Boards' recommendations on these proposals and answer any questions about these applications. MJ: pm CPA982CC.MEM.doc Attachments cc: James P. Harris, Planning Director Fred Satterstrom, Planning Manager Kevin O'Neill, Senior Planner Linda Phillips, Planner Sarah Bradley, Plattner May Miller, Finance Director Barbara Engstrom, CFP Analyst City of Kent - Planning Department C . 0 1:7, ; / (1 Q \/ l..I m 1 r I ! - (73 0 V i I i I 1 1 • I _Qr —J h- i . I" L ❑ - G T -iPRIV-1 � 1 97 1 r^ C eta �t I I L13 �:. APPLICATION NAME: Brutsche NUMBER: #CPA-98-2 (A) DATE: January 19, 1999 REQUEST: Comprehensive Plan Amendment — N -- MW Application boundary ��'� Land use boundary Recommendation: No Change rw City limits City of Kent - Planning Department Li Cl aIL i d p I Ifs ,° f q lr Se jT ..77 _ APPLICATION NAME: Brutsche NUMBER: #CPZ-98-1 DATE: January 19, 1999 FFQUEST: Comprehensive Plan Zoning ® Applicad,a boundary Recommendation: No Change Zoning boundary �� City limits City of Kent - Planning Department Lj Q! Cl L o ✓ 0, -011 '! Ll - s Lr" , �7 71 � 1 1 r - a CD' f p u � ('L' j c U U , ` _ f _ ell APPLICATION NAME: Shulman NUMBER: #CPA-98-2 (B) DATE: January 197 1999 REQUEST: Comprehensive Plan Amendment N ® Application boundary Recommendation: No Change Lana use bow VrV"V . City limits City of Kent - Planning Department 3:. Q• Q L ^�.. o CD CD . � •OIL. `��� �� �• i °��° `�,'� ; �'��1 `� f y� �. a � !l'1 j�! ❑ - rti G� -- i UR 7 ^ �1r ' Lr J 1 \\ .C! I plij, APPLICATION NAME: Shulman NUMBER: #CPZ-98-2 DATE: January 19, 1999 17VQUEST: Comprehensive Plan Zoning �� Application boundary Recommendation: No Change Zoning bow' City limits .............. City of Kent - Planning Department LEcL SE 280 ST l(ryyj � I O V _ I �2, C CD, C 0 p Q r T 7 l l 1 �! APPLICATION NAME: Burridge NUMBER: #CPA-98-2 (C) DATE: January 19, 1999 A REQUEST: Comprehensive Plan Amendment N Application bouadu9 Recommendation: No Change Lana» boundary City limits City of Kent - Planning Department I O Q .r 60 `r l SE 280 ST fP o SS ...... �� �.oCa r n U d � , a❑ �� _i i APPLICATION NAME: Burridge NUMBER: #CPZ-98-3 DATE: January 19, 1999 QUEST: Comprehensive Plan Zoning AOL Application boundary Recommendation: No Change Zoning boundary City limits r , - �(�, t� �s�ram, .•+. J �•.� ■�l� , INS lei Efild \ - � � � ■ ; +� �► ®� is • 1 # fir"` i. ............... City of Kent - Planning Department Tit 14 _ l _ 1 { n •jt{a I • I N 11 11 I 1 I 1 1 IkIkI y F: ` J APPLICATION NAME: Mower/Tonelli NUMBER: #CPA-98-2 (E) DATE: January 19, 1999 REQUEST: Comprehensive Plan Amendment N ®Application boum1my Recommendation: Industrial to Low Density Multifamily ��boas erwWwwr City limits City of Kent - Planning Department F7Ti...... i(p 1, � I ' / A I I.N. J,• RH it .: 1 J III, ..1' APPLICATION NAME: Mower/Tonelli NUMBER: #CPZ-98-5 DATE: January 19, 1999 QUEST: Comprehensive Plan Zoning Application boutuiary Zecommendation: Commercial Manufacturing 1 to MRG =--- zoning boundary City limits ............... City of Kent - Planning Department �. _ 1 Z ... os_ , , 1 i r V . v7 , z7 , o � _ IT\"10AJ \ APPLICATION NAME: Mower/Nguyen NUMBER: #CPA-98-2 (F) DATE: January 19, 1999 n r ti.E n/ 016, REQUEST: Comprehensive Plan Amendment N Application bou%LU7 Recommendation: No Change T'—'— Land we boundary rrrr,,Tr City limits City of Kent - Planning Department p c c 07 r \\ { c{� F1t v APPLICATION NAME: Mower/Nguyen NUMBER: #CPZ-98-6 DATE: January 19, 1999 P7',QUEST: Comprehensive Plan Zoning A06 `"� ®Application boundary Recommendation: No Change Zoning boundary . City limits City of Kent - Planning Department Q dQ o CIO CD. : Q Uc nr� , cc CL Ica i C Dom, �� r 27.2 1 APPLICATION NAME: Gusa NUMBER: #CPA-98-2 (G) DATE: January 19, 1999 "REQUEST: Comprehensive Plan Amendment A ® Application botudary Recommendation: Mobile Home Park to Commercial �'��'Land„�boundary City limits City of Kent - Planning Department r - o I CIac� i n--\ \� Q �` " C I P - t ❑ 2-22-. -T I APPLICATION NAME: Gusa NUMBER: #CPZ-98-7 DATE: January 19, 1999 REQUEST: Comprehensive Plan Zoning `,, ® AppAboundary Recommendation: MHP to Community Commercial Zoning boundary rrrrrr.r Ciry limits Will RE _ - �Z 1• • • ` ism Ig�� e 1° ' oils - t - t ' t of 16 T ................. City of Kent - Planning Department a c d� 0 - d `J lrl V J L S 260L ' W i I f �LDMF =� 1` a n APPLICATION NAME: Mower/Hebert NUMBER: #CPA-98-2 (n DATE: January 19, 1999 REQUEST: Comprehensive Plan Amendment AL ® Application boundary Recommendation: No Change a+ L=d use boundary ..WW..,r City limits City of Dent - Planning Department a ❑ ❑ 1111 ❑ R � a � r � RRit ; �Lj S 2 61��i i l _ LJ0 4 APPLICATION NAME: Mower/Hebert NUMBER: #CPZ-98-9_ . DATE: January 19, 1999 RFFQUEST: Comprehensive Plan Zoning ✓ Application boundary Recommendation: No Change --- Zoning boundary City limits City of Kent - Planning Deparanent Di kill C cuffG r� ray ' I,/. a % C — ❑ p ^ CI 31 • !I = .� I -t �. I -I I Il I i I , _ I I I , . APPLICATION NAME: City of Kent NUMBER: #CPA-98-2 (L) DATE: January 19, 1999 REQUEST: Comprehensive Plan Amendment _ AlPPtication boundary Recommendation: No Recommendation — Land use boundary .r•+rrR City limits CITY or 27LUJ Jim White, Mayor Planning Department (253) 859-3390/FAX(253) 850-2544 James P. Harris,Planning Director CITY OF KENT PLANNING DEPARTMENT (253) 859-3390 MEMORANDUM NOVEMBER 23, 1998 MEMO TO: BRAD BELL, CHAIR, AND MEMBERS OF THE LAND USE AND PLANNING BOARD FROM: MATTHEWS JACKSON, PLANNER/GIS COORDINATOR SUBJECT: #CPA-98-2 (A-L)/#CPZ-98- (1-9) - 1998 COMPREHENSIVE PLAN AND ZONING AMENDMENTS INTRODUCTION In April, 1995, the Kent City Council adopted the Kent Comprehensive Plan, which was prepared and adopted under the provisions of the Washington State Growth Management Act (GMA). The GMA requires that comprehensive plans combine land use, transportation, capital facilities, and other elements in a way, which is both internally consistent and consistent with plans from other jurisdictions in the region. The GMA also requires that a city's development regulations implement and be consistent with the plan. The GMA establishes procedures for the amendment of plans,and stipulates that plans can only be amended once a year unless an emergency is declared which requires immediate action. Pursuant to the provisions in the GMA, the City Council adopted an ordinance (Ordinance #3237) outlining procedures for the amendment of the City's plan. These procedures are now outlined in Chapter 12.02 of the Kent City Code. The City's procedures ordinance established September 1 of each calendar year as the deadline for applications to be submitted to the Planning Department for proposed amendments to the plan. 1998 AMENDMENTS As of September 1, 1998,the Planning Department received twelve applications for amendments to the comprehensive plan. Ten of these applications were initiated by private property owners,and two applications were initiated by the City of Kent. The proposed amendments are summarized below: 1. A change to the Land Use Plan Map from Single Family Residential 6 units per acre to Commercial for the property located at the southwest comer of SE 256te Street and 132od Avenue SE. (Brutsche) 2. A change to the Land Use Plan Map from Commercial to Low Density Multifamily Residential for the property located on the south side of Kent-Des Moines Road, approximately 700 feet west of Pacific Highway South. (Shulman) 3. A change to the Land Use Plan Map from Single Family Residential 3 units per acre to Single Family Residential 6 units per acre for the property located at 13602 SE 2820d Street. (Burridge). 4. A change to the Land Use Plan Map from Single Family Residential 6 units per acre to Commercial for the property located at 11715 and 11733 Kent-Kangiey Road. (Costanzo) 5. A change to the Land Use Plan Map from Industrial to Low Density Multifamily Residential for the property located at 88'Avenue South and South 218t°Street. (Mower/Tonelli) ]_04th AVENGE SOUTH / DENT.WASHINGTON wo,4s,,5/ rFLEPHONE 115 tl s54-31IMI Subject: #CPA-98-2 (A-L) Comprehensive Plan Amendments November 23, 1998 Page 2 6. A change to the Land Use Plan Map from Low Density Multifamily Residential to Commercial for the property located at 12809 Kent-Kangley Road. (Mower/Nguyen) 7. A change to the Land Use Plan Map from Mobile Home Park to Commercial for the property located at 15386 SE 2721A Street. (Gusa) 8. A change to the Land Use Plan Map from Single Family Residential 6 units per acre to Single Family Residential 8 units per acre for the property located at 25840 135' Lane SE. (Houle) 9. A change to the Land Use Map from Restricted Mixed Use to Medium Density Multifamily Residential for the property located at 108' Avenue SE and Kent-Kangley Road. (Mower/Hebert) 10. Amendment to Goals LU-9 and LU-10 of the Land Use Element. (Ruth) 11. Amendments to the Capital Facilities Element. (Kent Finance Department) 12. Implementation of a portion of the Downtown Strategic Action Plan. (City of Kent) It should be noted that any proposed changes to the Land Use Plan Map will be reviewed concurrently with correspondir". amendments to the zoning map. This memorandum will present information about each proposed amendment. Maps have been prepared, and are attached, for each area, which will be affected by the proposed changes to the Land Use Plan Map and zoning map (Attachment A). Each proposed amendment will be analyzed and staff s recommendation will be noted. STANDARDS OF REVIEW Section 12.02.050 of the Kent City Code outlines the standards of review, which must be used by staff and the City Council in analyzing any proposed comprehensive plan amendments. Proposed amendments are to be examined based on the following criteria: 1. The amendment will not result in development that will adversely affect the public health,safety, and general welfare; 2. The amendment is based upon new information that was not available at the time of adoption of the comprehensive plan, or that circumstances have changed since the adoption of the plan that warrant an amendment to the plan; and 3. The amendment is consistent with other goals and policies of the comprehensive plan,and that the amendment will maintain concurrency between the land use,transportation,and capital facilities elements of the plan. The proposed plan amendments have been analyzed based on these criteria. Subject: #CPA-98-2 (A-L) Comprehensive Plan Amendments November 23, 1998 Page 3 PROPOSED AMENDMENTS Proposal A- Change in Land Use Plan Map and zoning for property located at southwest corner of SE 256te Street and 132"Avenue SE Applicant: Leo C. and Norma J. Brutsche(Brutsche) Existing Plan Designation: Single Family Residential Proposed Plan Designation: 6 units per acre Commercial Existing Zoning: SR-6, Single Family Residential Proposed Zoning: 6.05 units per acre GC, General Commercial Background The subject property consists of one tax lot, which is approximately 41,861 square feet. The property is located at the southwest corner of SE 256 h Street and 132nd Avenue SE and currently has a land use designation of SF-6, Single Family Residential and a zoning designation of SR-6, Single Family Residential. The property is currently vacant. The site is generally flat and appears to contain no wetlands. Properties to north, south, �i east and west are single family residential. Analysis The applicant states that this proposal would promote the public health,safety and general welfare by providing a"comer store" site for neighborhood oriented shops. While the Kent Comprehensive Plan Policy LU-13.5 discusses analyzing the potential for development of"corner store', small scale,neighborhood-oriented shops adjacent to selected rights-of- way in higher density neighborhoods, staff has not been directed to take up this issue at this time. Since the site is surrounded by single family homes, this property would not be considered to be within a high density neighborhood. A commercial use at this intersection would conflict with additional goals and policies of the Kent Comprehensive Plan. These include the following: Goal LU-12—Promote orderly and efficient commercial growth within the existing commercial districts in order to maintain and strengthen existing commercial districts, to minimize costs associated with extension of facilities, and to allow businesses to benefit from their proximity to one another. Policy LU-123—Develop regulatory incentives to encourage infill development in existing commercial areas. Regulatory incentives may include urban, mixed use zoning and higher-density zones, planned unit developments, transfer of density credits, and streamlined permit processes. The land use goals and policies make reference to encouraging commercial infill development in existing commercial areas. The parcel in question is not in a commercial area;the nearest commercial districts are at SE 240*Street and 132"d Avenue SE and SE 272ed Street and 132id Avenue SE. Furthermore, the Public Works Department finds that a commercial use at this location would have a significant impact on neighboring properties in the amount of increased peak hour trips. It should be noted that GC zoning allows uses, which typically generate a great deal of traffic, such as food stores and gasoline service stations. Subject: #CPA-98-2 (A-L) Comprehensive Plan Amendments November 23, 1998 Page 4 Recommendation The uses surrounding the proposed amendment are residential and any type of commercial use would be out of character. In addition, the Public Works Department expressed concern with the amount of additional traffic that might be generated by a potential use and the negative impact on neighboring properties. The Comprehensive Plan encourages infill development in existing commercial areas; consequently, staff recommends denial of the applicant's request for a land use designation of Commercial and GC zoning. Proposal B- A change in Land Use Plan Map and zoning map for the properties located 700 feet west of Pacific Highway South,on the south side of Kent-Des Moines Road Applicant: Jack Lynch(Shulman) Existing Plan Designation: Commercial Proposed Plan Designation: Low Density Multifamily Existing Zoning: GC, General Commercial Proposed Zoning: MRG, Garden Density Multifamily 16/units per acre Background The subject site consists of five tax parcels and covers an area of approximately 7.5 acres. The site is currently zoned General Commercial and the land use designation is Commercial. The City of Des Moines abuts the site on the north, west,and south. The area east of the subject property is zoned General Commercial, and is developed with the Midway Crossing shopping center. A residential subdivision is located to the south and southwest of the site, and approximately five single family dwellings face the subject property. An apartment complex lies to the west of the site,and three single family dwellings, a mobile home park and commercial uses lie to the north across Kent-Des Moines Road. The site has had a previous environmental review for a possible commercial development,but the applicant states the site is inappropriate for commercial activity. This site was one of the proposed 1997 comprehensive plan amendments. Last year the applicant made a request for a land use designation of Medium Density Multifamily Residential, and a zoning of MRM in order to develop the site with apartments. This request was denied by the City Council. Analysis Significant slopes,an inventoried wetland,and the headwaters of Massey Creek are present on this site. The elevation along Kent-Des Moines road, at the northwest corner of the property, is 335 feet.This elevation dips downward to an elevation of 285 feet at the westerly boundary of the property. Slopes of ten percent are found on the eastern edge of the property. The site is currently vacant,and the applicant states that the developable portion of the site is located in the north/northeast part of the property. The northern portion of the site fronts on Kent-Des Moines Road. Due to the location of sensitive areas on this lot, all development is likely to occur along the frontage of Kent-Des Moines Road. Although this area has less slope than other non-wetland portions of the site, it is likely that substantial grade and fill will be required to accommodate new development. The Public Works Department has commented that development of this site with multifamily residences would likely create less traffic than if it were developed with a commercial development,as allowed under existing zoning standards. The amount of traffic generated by an apartment development would depend on the total number and type of units constructed. The applicant has stated that they are considering some 70 to 80 two story condominium units. This is Subject: #CPA-98-2 (A-L) Comprehensive Plan Amendments November 23, 1998 Page 5 substantially less than the 132 units considered under their previous application. The City of Des Moines includes this site in its comprehensive plan,and they give the area a 10— 12 unit townhouse designation. Recommendation One of the criteria by which each proposed comprehensive plan amendment must be evaluated is new information,which was not available at the time of development of the comprehensive plan. This site was evaluated for multifamily development one year ago during the comprehensive plan amendment process. The applicant made a request for a land use designation of Medium Density Multifamily Residential, and a zoning of MRM,Medium Density Multifamily, 23 units acre density. Staff recommended a land use designation of Low Density Multifamily Residential and a zoning of MRG, Garden Density Multifamily Residential, 16 units per acre density. Staff's recommendation was based on a more realistic expectation of density on the subject property. The Land Use and Planning Board and City Council still voted to allow no new multifamily on the site.The new information provided by the applicant includes a tentative site plan and a new topographic survey.During the adoption of the comprehensive plan, the city council, through its land use decisions, voted to eliminate the potential for new multifamily areas on west hill. Although the impacts of commercial development may be as great or greater on the environment than those of the proposed multifamily project, the city council made it clear last year that they were not ready for new multifamily zoning on west hill. Therefore, staff is recommending denial of this proposed comprehensive plan amendment. Proposal C - Change in Land Use Plan Map and zoning map for property located at 13602 SE 282ad Street Applicant: Charles Burridge (Burridge) Existing Plan Designation: Single Family Residential Proposed Plan Designation: 3 units per acre Single Family Residential 6 units per acre Existing Zoning: Single Family Residential Proposed Zoning: 3.71 units per acre Single Family Residential 6.05 units per acre Background The subject site consists of 2 tax parcels and covers an area of approximately 11.21 acres. The site has a land use designation of SF-3, Single Family Residential, 3 units per acre maximum density, and is zoned SR-3, Single Family Residential, 3.71 units per acre. The site is located in the Meridian annexation area,which became a part of the city on January 1, 19%. The initial zoning placed on the property at that time was largely a reflection of existing King County zoning. The applicant is requesting a change to a land use designation of SF-6, Single Family Residential, 6 units per acre, and a zoning of SR-6, Single Family Residential, 6.05 units per acre in order to subdivide and construct single family detached residences. The site is currently occupied by a single family residence and accessory buildings. The site contains areas,which have been identified as wetlands in the City's wetland inventory. Properties to the north and east are zoned SR-6 and have a land use designation of SF-6. Properties to the west are zoned SR-3 and have a land use designation of SF-3. Properties to the south are zoned SR-1 and have a land use designation of SF-1. Analvsis This site is adjacent to an area,which was part of the 1997 comprehensive plan amendment process.The Clasen/Dinsdale Subject: #CPA-98-2 (A-L) Comprehensive Plan Amendments November 23, 1998 Page 6 amendment made the same request as the current applicants,and their proposal was approved by the city council. That site was significantly encumbered with wetlands. The subject property also contains inventoried wetland areas,which will limit the developable area of the property. The site is located in an area which is quickly transitioning from large lot homesteads exceeding one acre to typical suburban residential development on lots of 5,000 to 8,000 square feet. There are several plats, which have recently been approved in the immediate area and others which are still in the approval process. Most of the plat activity has occurred in the area designated SF-6 on the land use map and with a zoning of SR-6. Recommendation The applicant and other developers in the area have stated that in order for residential projects to be feasible, a certain minimum yield of lots is necessary based on the cost of the property and the cost of providing the urban infrastructure and services required by the city's construction standards. SR-3 zoning allows a density of 3.71 units per acre and a minimum lots size of 12,000 square feet. Properties with few environmental constraints and of uniform size can usually achieve the maximum density of 3.71 units per acre. However, those properties with irregular shape, landlocked locations,or environmental constraints will be very difficult to develop at a similar density. The adopted King County planning policies established four units per acre as a minimum, which is efficient to provide urban services. Therefore, even under ideal circumstances, and a maximum density of 3.71 units per acre, the SR-3 zone probably provides a minimum acceptable yield of lots for typical suburban residential development. The wetlands located on the subject property will limit the amount of developable area. The fact that these environmentally constrained areas appear to be located in the middle of the subject property will also impact the type,,,.,, and shape of development possible on the site. The wetlands and a typical buffer of 50 feet is likely to be protected as a permanent sensitive areas tract on the property. In order to yield an acceptable number of lots on this property staff feels that a zoning of SR-6 is more appropriate for this property. This is consistent with the action taken on the adjacent property during the 1997 comprehensive plan amendments. Staff recommends approval of the applicant's request for a land use designation of SF-6 and a zoning of SR-6. Proposal D - Change in Land Use Plan Map and zoning map for property located at the southeast corner of 116th Avenue SE and Kent-Kangley Road Applicant: Richard Costanzo (Costanzo) Existing Plan Designation: Single Family 6 Proposed Plan Designation: 6 units per acre Commercial Existing Zoning: SR-6, Single Family Proposed Zoning: 6.05 units per acre NCC, Neighborhood Convenience Commercial Backuound The subject property consists of two parcels located at 11715 and 11733 Kent Kangley Road, respectively. The two parcels combined are 2.62 acres. The parcels were brought into the City as part of the Ramstead/East Hill annexation area in 1994. In January, 1995, the City Council designated the property as R1-7.2(now SR-6) on the zoning map, as part of the Ramstead/East Hill annexation area initial zoning. In April of 1995, when the City Council adopted the Kent Comprehensive Plan, the property was designated as SF-6, single family residential. r, Both parcels currently contain a single-family residence. The parcel to the west is developed with a small convenience store which was zoned NCC (Neighborhood Convenience Commercial) by the City Council as part of the Ramstead/East Hill initial annexation zoning. The parcel immediately to the west of this parcel, which is located at Subject: #CPA-98-2 (A-L) Comprehensive Plan Amendments November 23, 1998 Page 7 the southeast corner of 116' Avenue SE and Kent-Kangley Road, was approved for a plan and zoning change from single-family residential to neighborhood commercial in early 1998 as part of the 1997 comprehensive plan amendment cycle. However, the approval was conditioned on a requirement to dedicate property for the improvement of the intersection of I I and Kent Kangley as part of the 277' Corridor project. To date, this condition has not been met, and therefore no ordinance has been adopted approving the amendment, meaning that the parcel is still designated on the plan and zoning maps as single-family residential. Property to the west on the west side of 116th Avenue South is zoned MRG (Multi-family residential, 16 units per acre) and is developed with an apartment project and three single-family residences. Property to the south, east and north of the subject property is designated SF-6 in the comprehensive plan and zoned SR-6. The property to the south is the Lindental subdivision, which was recorded in 1991 and where homes are currently being constructed. The property to the north is developed with low density single-family residential uses, as well as a City of Kent well site and a storm detention area for the Seven Oaks subdivision located to the northwest. The intersection of 116th Avenue SE and Kent-Kangley Road is the northern terminus of the City's planned route for the 272nd/277th corridor, which then will proceed south along 116th Avenue SE. The corridor project will likely result in expanded traffic volumes at the intersection of 116' and Kent Kangley. The applicant states that the property proposed for amendment is not suited for residential development due to high traffic volume associated at the intersection of 116th Avenue SE and Kent-Kangley Road. The applicant argues that the proposed amendment is appropriate due to the fact that the two contiguous properties are zoned commercial, and states that if the proposed plan and zoning amendments were approved that all four parcels could be joined together to provide for an integrated development. It should be noted however, that at this writing the plan and zoning amendments for the parcel on the southeast corner of 116" and Kent Kangley have not been adopted by ordinance. The applicants argues that the proposal meets the criteria for comprehensive plan amendments, and cites plan policies LU-12.3, LU-13.5, LU-13.6, ED-3.1, TR-1.1, and TR-1.5. These policies relate to providing infill opportunities for commercial development and providing consistency between land use and transportation plans. The City's 272nd/277th corridor project is intended to provide convenient access from East Hill to the major north- south routes (Interstate 5 and State Route 167) which are located to the west. The Public Works Department has expressed strong concerns about locating commercial land uses anywhere along this corridor, since commercial land uses generate significantly higher traffic volumes than the existing single-family designation would. When the corridor project was in the planning phase, the City negotiated a road establishment agreement with King County that stated, among other things, that the construction of the corridor would not be used as a justification for redesignadon of any abutting/adjoining property to a commercial use. In December, 1993, the City Council passed Resolution No. 1379 (attached) stating that the Council anticipates that it would designate lands adjacent to the corridor as single-family zoning, in accordance with previous City and King County plans. The intersection of 116th Avenue SE and Kent Kangley will be a key intersection on the corridor; the intersection is scheduled to have two left-turn lanes proceeding southbound from Kent Kangley Road to 116th Avenue, and two right-tum lanes proceeding eastbound from 116th Avenue SE to Kent Kangley Road. The net effect will be that access to the site will be extremely limited, and it is anticipated that no left turns would be permitted into the site from either street. From a land use perspective, it is apparent why the applicant seeks a change to the existing designations. The subject parcels are adjacent to a commercial site, and the parcel to the west of the existing commercial site may also become commercial in the near future should the owner of that parcel come to an agreement with the City for dedication of right-of-way. If the subject parcels were redesignated to commercial, it might provide the opportunity for all four parcels to be redeveloped in a manner that would be more integrated. This is particularly important given that the properties adjoin residential uses to the east and the south; any subsequent commercial development would have to be Subject: #CPA-98-2 (A-L) Comprehensive Plan Amendments W November 23, 1998 Page 8 designed in a way to protect and buffer the impacts of the development from adjacent residential uses. Any opportunities to redevelop the subject parcels with the other parcels to the west are partially contingent on the status of the parcel at the southeast comer of 116'" Avenue SE and Kent Kangley Road. If the rezone of this parcel is not executed, than this parcel would retrain designated as single-family residential. This would provide less of an opportunity to provide for an integrated commercial development at this location. Also, the uncertain status of the parcel at the intersection makes it difficult for the applicants at this point to propose any way to develop the site in a way which could demonstrate how the property could be developed in a way in which transportation ingress and egress could be managed in a safe way, or also buffer the site from adjacent residential uses. Recommendation As noted, one of the standards of review for reviewing changes to the plan is that a proposed amendment will maintain concurrency between the land use, transportation, and capital facilities elements of the plan. The Public Works Department has raised concerns as to whether the proposed amendment could maintain concurrency between the land use and transportation element, and has also expressed concern about the impacts on the intersection resulting from a potential use which would generate a high volume of trips in and out of the site. In addition, the criteria for review also state that any amendment not result in development that will adversely affect the public health, safety, and general welfare. As mentioned, the lack of resolution regarding the status of the parcel at the intersection of 116' and Ken; Kangley Road makes any discussion of integrating development at the site and designing a project to protect ad.otrung single-family uses speculative at best. Therefore, at this time staff recommends denial of the applicant's request for a designation of commercial and NCC zoning. Proposal E- A change in Land Use Plan Map and zoning map for the property located at W Avenue South and South 218th Street South Applicant: Dana Mower—DBM Consulting(Mower/Tonelli) Existing Plan Designation: Industrial Proposed Plan Designation: LDMF, Low Density Multifamily Existing Zoning: CM-I Proposed Zoning: Commercial Manufacturing MRG,Garden Density Multifamily 16 units per acre Background The subject property consists of two tax parcels and is approximately 6.9 acres in area. The site is currently zoned CM-1, Commercial Manufacturing, and has a land use designation of Industrial. The applicant is requesting a land use designation of Low Density Multifamily and a zoning of MRG in order to aggregate a total of 20 acres to develop an apartment complex. The property is currently occupied by a single family residence. Properties to the north,west,and south are zoned CM-1,,,Y and have a land use designation of Industrial. The property to the east is zoned MRG and has a land use designation of Low Density Multifamily Residential. Several large scale multifamily projects are located in the vicinity of this proposal to the south. Light industrial and commercial land uses are located to the west of the subject property. The City of Kent Wetland Inventory indicates the possible presence of wetlands and/or a stream on the property. The applicant states that property has been for sale for three years and has not sold due to its size and location. Subject: #CPA-98-2 (A-L) Comprehensive Plan Amendments November 23, 1998 Page 9 Analysis As part of the Growth Management Act, counties and cities are required to monitor the amount of land available for further development. This potential capacity is measured against projected growth in order to establish appropriate growth targets and boundaries. The City of Kent is a key player when it comes to future development in the region. The Kent Valley is a focal point for industrial uses because of its proximity to the Ports of Seattle and Tacoma, the airport, and transportation facilities. In recent years, the amount of available vacant industrial land has diminished. Since it is unlikely that much, if any new industrial land will be created, it is important to protect what is still available. The subject property is located directly across from the Valley Freeway. There is no sound buffer in this area, and noise impacts.on residential development are obvious. Primary access to the site is provided by an underimproved right of way. This narrow and winding road is not built to current City of Kent Construction Standards. Although it can be argued that the uses allowed on this site under the existing CM-I zoning would generate as much traffic as multifamily, the flow and direction are likely different. Recommendation Staff feels that it is of regional interest to preserve available vacant industrial land for industrial uses. The CM-1 zone allows for the type of light manufacturing jobs that the area is losing. The subject property is located adjacent to property with existing MRG, which will have to be properly buffered when the two lots are developed. Noise impacts also limit the use of the subject property for residential use. Staff recommends denial of the applicant's request for Low Density Multifamily Residential and MRG zoning. Proposal F— Change in Land Use Plan Map and zoning for property located at 12809 Kent-Kangley Road Applicant: Dana Mower(Mower/Nguyen) Existing-Plan Designation: Low Density Multifamily Proposed Plan Designation: Commercial Existing Zoning: MRG Proposed Zoning: Garden Density Multifamily CC, Community Commercial Backrround The subject property consists of one tax lot,which is approximately 15,246 square feet. The property is located at 12809 Kent-Kangley Road on the south side of Kent-Kangley and currently.has a land use designation of Low Density Multifamily Residential and a zoning designation of MRG, Garden Density Multifamily. The property currently contains a single-family residence. The vacant property to the west is zoned Professional Office and SR-6,and is encumbered by a wetland. The wetland is of unknown size and is classified as a Category 1,requiring a 100-foot buffer. The boundary of the wetland has not been determined at this time; consequently,the applicant of this amendment may be required to complete a wetland analysis. The property to the east is zoned Community Commercial and contains a single family residence. The houses to the east of this residence are mostly office uses such as a chiropractic and realty office. Analvsis Kent-Kangley Road between 128`°Avenue SE and 132e°Avenue SE is under study presently by the Washington State Subject: #CPA-98-2 (A-L) Comprehensive Plan Amendments November 23, 1998 Page 10 Department of Transportation due to the large number of vehicular accidents. Also known as state Highway 516,Kent- Kangley Road had over 100 accidents in this stretch between 1994 and 1996. There were 14 accidents at the intersection of 128' Avenue SE and Kent-Kangley Road. Most of the accidents involved turning vehicles. The Public Works Department has expressed strong concerns about locating a commercial use at this comer. Due to the unusual configuration of the site, there would be no other alternative but to enter onto Kent-Kangley Road, which is not a viable option due to it being a high accident location. With regard to the City's comprehensive plan, the plan has several goals and policies with regard to commercial land uses. These include the following: Goal LU-12—Promote orderly and effitcient commercial growth within the existing commercial districts in order to maintain and strengthen existing commercial districts, to minimize costs associated with extension of facilities, and to allow businesses to benef t from their proximity to one another. Policy LU-12.3—Develop regulatory incentives to encourage infill development in existing commercial areas. Regulatory incentives may include urban, mixed use zoning and higher-density :ones, planned unit developments, transfer of density credits, and streamlined permit processes. The plan also contains goals and policies with regard to the coordination of land use and transportation, including: Goal TR-1—Coordinate land use and transportation planning to meet the needs of the City and the requirement of the Growth Management Act. Alternative flexible and creative transportation options that minimize these requirements should also be allowed in the planning process. Policy TR-1.5-Ensure consistency between land use and transportation plans so that land use and adjacent transportation facilities are compatible. Goal TR4 — Eliminate disruptions which reduce the safety and reasonable functioning of the local transportation system. The land use goals and policies make reference to encouraging commercial infill development in existing commercial areas. This parcel in question is adjacent to a gommercial area on the east, but subsequent development of commercial land uses may result in an increase in access issues to Kent-Kangley Road that could not be mitigated. A commercial use will significantly increase traffic,especially if the use is a convenience store/gasoline station, which is a specially permitted use in a CC zoning district. More traffic has the potential for an increased number of accidents in this already dangerous portion of state Highway 516. Recommendation As noted,one of the standards of review for reviewing changes to the plan is that a proposed amendment will maintain concurrency between the land use and transportation elements. The Public Works Department has raised serious concerns as to whether the proposed amendment could maintain concutrency between the land use and transportation element,and has expressed concern about the impacts the additional traffic will have on an already dangerous stretch of state Highway 516. Although the site is adjacent to CC zoning to the east and Office zoning to the west, any subsequent development on the parcel will have access to the site that is severely restricted. Therefore,staff recommends denial of the applicant's request for a designation of commercial and CC zoning Proposal G- A change in Land Use Plan Map and zoning map for the property located at 15386 South 272ad Street Applicant: Byron Gusa(Gusa) Subject: #CPA-98-2 (A-L) Comprehensive Plan Amendments November 23, 1998 ti`•' Page 11 Existing Plan Designation: MHP, Mobile Home Park Proposed Plan Designation: Commercial Existing Zoning: MHP, Mobile Home Park Proposed Zoning: GC, General Commercial Backeround The subject property consists of one tax parcel and is approximately 3.82 acres in size. The site is occupied by several buildings and has a land use designation and zoning of MHP, Mobile Home Park. The property to the west is developed with a mobile home park and has a land use designation and zoning of MHP. The property to the east is developed with a mobile home park and has a land use designation and zoning of MHP. The property to the south is zoned Community Commercial and has a land use designation of Commercial. Property to the north is part of the Soos Creek Trail Park. The subject property is located between two existing mobile home parks. This area was annexed to the City of Kent on January 1, 1996 as part of the Meridian Annexation Area. At that time the property was given its initial land use designation and zoning of MHP, During the initial public hearing process, no public testimony was taken regarding this property. Analvsis When this area was annexed to the City of Kent it was the intent of staff to only designate those properties with existing �✓ mobile home park uses as Mobile Home Park. The proximity of the subject parcel to both existing mobile home parks led to its inclusion with the neighboring properties. The Mobile Home Park zone is a special zone, which can only be created out of existing multifamily zoned land. It has not been the policy of the staff to designate areas of the city as possible sites for future mobile home parks. Since mobile homes make up such a small portion of the total housing stock of the City of Kent, to require such as the only principally permitted use on vacant properties would be very restrictive to property owners. No new mobile home parks have been established in the city in many years and the only new Mobile Home Park land use and zoning designations have been placed on parks, which have been annexed into the city. The applicant states that the market for new mobile home parks is nonexistent at this time. Recommendation Potential uses for the subject property are limited. The fact that the site does not have a frontage on Kent-Kangley Road (SE 2720d Street) limits its potential commercial uses. Its narrow shape and location between two existing mobile home parks further restricts the potential uses of the property. The applicant states that he wants to develop the site with a mini storage facility. These uses do not require a lot of commercial signage or street frontage to be successful. A mini storage facility in this location between two existing mobile home parks would provide a much needed service to many of the existing mobile home tenants. The applicant states in his application that the commercial properties abutting the site are zoned GC, General Commercial. The applicant's request for General Commercial zoning was made in order to"maintain compatibility with surrounding land uses..."However,abutting commercial uses are zoned CC, Community Commercial. There is cuurerttly no General Commercial zoning located on the East Hill. Recommending General Commercial use on East Hill would be a new policy direction. Staff feels a more suitable zoning for this property would be CC, Community Commercial. �J This is consistent with existing zoning and existing policy. Mini storage facilities are a conditional use in the Community Commercial zone. These are uses, which are permitted but may have unique impacts, which may need unique conditioning. Conditional uses are approved through a public hearing process. Staff recommends that the land use designation of the subject property be changed to Commercial and the zoning changed to CC, Community Commercial. Subject: #CPA-98-2 (A-L) Comprehensive Plan Amendments r, November 23, 1998 Page 12 Proposal H- A change in Land Use Plan Map and zoning map for the property located at 25840 135"Lane SE. Applicant: Les Houle—Kensington Development(Houle) Existing Plan Designation: SF-6, Single Family Proposed Plan Designation: 6 units per acre SF-8, Single Family 8 units per acre Existing Zoning: SR-4.5, Single Family Proposed Zoning: 4.51 units per acre SR-8, Single Family 8.71 units per acre Background The subject property consists of one tax parcel and is approximately 6.32 acres in size. The property became a part of the city on January 1, 1996 as part of the Meridian annexation area. When the property was annexed to the city, the property owners were unsuccessful in getting a multifamily zoning designation for their property. The site has a land use designation of SF-8 and is zoned SR-4.5. Property to the west has a land use and zoning designation of Mobile Home Park. The properties to the north and east are zoned SR-4.5 and have a land use designation of SF-6. Lake Meridian abuts the property on the south. The site is currently developed with a single family residence and 18 small detached rental suites. The applicant is proposing a change in land use designation to SF-8 and a change in zoning to SR-8 in order to subdivide and construct a single family detached development. Neighboring land uses to the north and east are predominantly single family residential. There are some duplexes and triplexes in the vicinity. The property to the west is the Pink Thunderbird Mobile Home Park. Analvsis This property is owned by George Lewis and was denied for a Low Density Multifamily Residential land use designation and MRD,Duplex Multifamily Residential zoning under a previous comprehensive plan amendment. Staff has reviewed this site for a tentative plat under existing zoning. The applicants were going to be required to do substantial offsite improvements to 135"Avenue SE from SE 256'"Street in order to develop their property.This and other improvements come at a cost,which the owners felt were unfeasible under existing zoning limitations. This is a unique property,which has frontage on Lake Meridian. Its previous use as a summer vacation property dates back many years. The existing rental suites provide a unique living opportunity for residents. To the west of the site is an existing mobile home park. To the north of the subject property are two attached unit projects, which were developed with duplexes and triplexes. Springwood Townhomes and Lake Meridian Village total some 104 units. The remaining uses are detached single family residential. All these different residential land uses were developed under previous King County zoning regulations for the R4 and RS%W zones. Once this property was annexed into the City of Kent, some of development flexibility,which was available under King County regulations,went away. Recommendation Allowing smaller lot sizes and up to 8.71 units per acre would provide some 40 to 50 new homeowner opportunities on or near Lake Meridian. Most of the lakefront property is already developed and very few new opportunities for preliminary plats exist. When the owners of this property petitioned the City Council for multifamily and duplex zoning, their requests were denied largely because of the council's current policy to not convert existing single family areas to multifamily. ............ .. Subject: #CPA-98-2 (A-L) Comprehensive Plan Amendments November 23, 1998 Page 13 As stated by the applicants in their application,developing the site under current zoning regulations would result in large lots with very expensive homes. The construction costs and costs to provide infrastructure would be spread out to only a few lots. This adds cost to the homes when sold. Allowing a smaller lot development would provide more homeownership opportunities while protecting single family neighborhoods and providing access to recreation areas(the lakeshore),Staff recommends approval of the applicant's request for a land use designation of SF-8 and a zoning of SR- 8. Proposal I- A change in Land Use Plan Map and zoning map for the property located at 108t'Avenue SE and Kent-Kangley Road. Applicant: Dana Mower—DBM Consulting Engineers Existing Plan Designation: MU-R, Mixed Use Proposed Plan Designation: Limited Multifamily Medium Density Multifamily Existing Zoning: O-MU Proposed Zoning: Professional and Office MRM, Medium Density Multifamily and Mixed Use 23 units per acre Background The subject property consists of three tax parcels, which are approximately 4.8 acres in area. The site is an L-shaped piece of property, with a long, narrow parcel, which stretches from Kent-Kangley Road to SE 264 Street, and two smaller parcels located at the northwest comer of SE 264" Street and 108' Avenue SE. The property is currently developed with two single-family residential dwellings. The property is surrounded by a variety of plan and zoning designations and types of development. The parcel to the east and north of the subject property, located at the southwest comer of 108' Avenue SE and Kent Kangley Road, is zoned Office and is the site of a bank. The parcels located to the east and southeast of the subject property are zoned Office-Mixed Use, and are currently developed as single-family residential uses. The properties to the west of the subject property are zoned MRM and are developed with multi-family residential uses and a vacant parcel. The parcels to the south are zoned SR-8 and MRG, and are developed with a single-family residential use and a multifamily residential use, respectively. The properties to the north on the north side of Kent Kangley Road are developed as commercial. The comprehensive plan designates the parcels to the north and east as Mixed Use—Limited Multi- Family, the parcels to the west as Medium Density Multifamily, and the parcels to the south as SF-8 and Low Density Multifamily. Analysis As mentioned, the area adjacent to the subject property is surrounded by both commercial and residential uses. The applicant states that the property is not appropriate for commercial development, given its unusual configuration and its relatively small amount of frontage along Kent Kangley Road (approximately 200 feet). The applicant also maintains that the general area in question already contains an effective mix of commercial and residential uses, and that therefore it is not necessary to require a mixture of uses on the site itself. The applicant argues that the site is too small to contain an effective mix of commercial and residential uses, and that the type of development, which the City requires, is residential. The applicant cites several goals and policies in the comprehensive plan to support the Subject: #CPA-98-2 (A-L) Comprehensive Plan Amendments November 23, 1998 Page 14 proposed amendment, including LU-8.3, CD-1.1, H-1.1, and Goal H-2. These goals and policies all speak to supporting the location of housing in areas with adequate urban infrastructure and services, placing housing in close proximity to other uses, and the provision of adequate and diverse housing opportunities for Kent citizens. When the comprehensive plan was adopted in 1995, the plan contained goals and policies supporting mixed use development, and also designated areas both on the valley floor and east hill for mixed use development to occur.The plan states that in the mixed use areas in the valley, stand-alone multifamily residential uses be permitted,while on East Hill, residential uses be allowed only in conjunction with a mixed use development. Zoning amendments adopted by the City Council in 1997 therefore distinguished between the mixed use areas in the valley, which are zoned predominantly GC, with the mixed use areas on east hill, which are predominantly zoned CC or O. In the GC zone, multi-family residential uses are allowed as a principally permitted use in the mixed use overlay; in the CC and O zones, multi-family residential is only allowed in conjunction with a mixed use development. The adopted code amendments specified that in the CC and O zones that at least 25 percent of the gross floor area of a mixed use development with residential uses must be commercial. The applicants are claiming that the subject property is not appropriate for mixed use/commercial development, and would be more appropriately used as residential only. However, as earlier discussed, there is already a mixture of commercial and residential uses in proximity of the site. The site does have frontage along Kent Kangley road, and there are commercial uses adjacent to the site to the north and east. Therefore, it appears that the site would be a good candidate for mixed use development, which is why it was included in the mixed use overlay. Furthermore, th comprehensive plan and zoning code are very clear about residential development in the mixed use areas on east hill being combined with commercial uses. To change the site to stand-alone multifamily zoning would appear to be inconsistent with the intent of the City Council. Staff agrees with the applicant that this site is an appropriate place for residential development, but it should be noted that under the current comprehensive plan and zoning designation 75 percent of the gross floor area of any development could be used for housing. Therefore,under the current designation,the site meets the criteria for providing opportunities for housing in close proximity to other services,as provided for in the policies in the comprehensive plan. Recommendation This proposed amendment does not appear to be consistent with the existing policy decisions made by the City Council with regard to the mixed-use overlay on East Hill. The 1995 comprehensive plan indicated that new residential development in commercial areas should be combined with commercial development, and this was confirmed by the Council in adopting the mixed use overlay zoning amendments in 1997. Therefore, staff recommends that the proposed amendment be denied. Proposal J— A request to add the following policy in one of the Comprehensive Plan sections headed by Goal LU-9 and Goal LU-10 of the Comprehensive Plan Land Use Element:Allow and encourage single family townhouse-style attached condominiums to the single family residential zones that permit residential densities of six units per acre or higher. Applicant: William E. Ruth(Ruth) ' Existing Plan Designation: Request policy to be added to Goal LU-9 and/or Goal LU-10 sections of the Comprehensive Plan. Subject: #CPA-98-2 (A-L) Comprehensive Plan Amendments November 23, 1998 Page 15 Existing Zoning: The policy is proposed to address single family zones, specifically the Existing SR-6 and SR-8 Single Family Residential zoning districts. Back round The applicant states that many proposed detached single family plats are unable to obtain an economic density because of the inherent restrictions of the zone. More efficient use of residential land would result in a more affordable and desirable consumer product. He believes that the ability to attach single family condominiums also supports an affordable housing element in the Kent area—an element that is now quickly disappearing with the rapidly escalating pricing of single family attached lots. The purpose of this request, as stated by the applicant, is to provide unique and innovative land use and housing designs to more properly use a variety of lots. The applicant states that attachment will provide many opportunities to cluster units in order to take advantage of topographic features, views, and provide a more economical use of each site. The request is for attachment of as many as five units in each condominium townhouse structure. This pattern would occur in combination with traditional individually-sited homes. An additional goal of this proposed policy change, according to the applicant, is to create considerably more open space within a proposed subdivision than would be found in the traditional detached configuration. In addition, smaller properties that have been bypassed because of size, shape and topographical restrictions could be used as desirable in-fill development. Analvsis The major issue in review of this application is the ability to address the individual property owner/developer concerns about developing difficult properties, and also assure the City and the single family community-at-large that the result of permitting diverse housing types in single family zones will not disrupt the single-family character of the neighborhoods. Existing Land Use and Housing Element goals and policies clearly support diverse housing types, options, innovation, and flexibility, but the City also seeks to protect neighborhood character. The Comprehensive Plan Land Use Element contains the following goals referenced in this application: Goal LU-9 -Provide opportunities for a variety of housing types, options, and densities throughout the City and the Potential Annexation Area Goal LU-10—Revise development regulations to encourage more single-family development and more flexibility and innovation in terms of building and site design. In the last five years,the City has received numerous requests for flexibility of housing type in single family residential projects. In most cases,the sites in question contained environmental constraints or greenbelts. Properties that contain slopes, wetlands, or creek setback areas often cannot be developed economically, and it is true that often the site is degraded by traditional lot and street patterns. The Policies that follow the above Comprehensive Plan goals address various ways to create diverse housing opportunities, in several different zones in the City, One policy,LU-10.2 addresses the intent of this application in single `•� family zones by recommending clustering of housing units in subdivisions to maximize potential build-out of single- family homes and preserve open space and environmentally sensitive areas. It appears that the existing goals and policies are broad enough to not exclude attaching of units if the City decides to approve a process to do so. ................ . Subject: #CPA-98-2 (A-L) Comprehensive Plan Amendments November 23, 1998 ..s Page 16 In addition to appropriate policy and regulations,successful combining of housing types depends on good design. There are many good examples of the proposed housing type in this area, but there are also poorly designed examples. Although the Comprehensive Plan recommends good design in all housing(Goal CD-16—Encourage creativity and high quality in the design of residential buildings.),neither the Comprehensive Plan nor the zoning code contain provisions for design review in single family zones. This issue is related to the larger issue of diverse site plans and housing types in single family zones. There may be appropriate applications for attaching part of the units in single family developments in Kent under certain criteria and conditions, but considerable study and research is needed to identify the appropriate types of attached housing and determine what the criteria and conditions should be. Recommendation Staff recommends that a work program be set up for 1999 to study the proposal to allow attached units in single family zones.The result of the study should be a recommendation to include or not include attached units as part of the implementation measures for Comprehensive Plan Goals LU-9 and LU-10. If the recommendation is to include attached units, it should include recommended processes, criteria and conditions. Proposal K- Update of Capital Facilities Element Applicant: City of Kent Finance Department The Capital Facilities Element in the comprehensive plan which was adopted in 1995 contains a great deal of information relating to inventories of existing capital facilities,estimated costs of anticipated future facilities, and projected revenues to fund these facilities. These components of the Capital Facilities Element are all required under the Growth Management Act (GMA). Due to the fact that the City Council has approved a large-scale revision to the Capital Facilities Element in 1999, at this time there are only tables 8.1 and 8.2 will require an update. Recommendation Staff recommends that the Land Use Board recommend approval to the City Council of the updates to the Capital Facilities Element as prepared by the Finance Department, and as shown in Attachment B. Proposal— The request is to modify the Land Use map, figure 4.7 in the Kent Comprehensive Plan to revise the land use designation of the subject property to Mixed Use. The purpose of the proposal is to implement an action contained in the Kent Downtown Strategic Action Plan(DSAP) Applicant: City of Kent Planning Department Existing Plan Designation: SF-8, Single Family Proposed Plan Designation: 8 units per acre Mixed Use Existing Zoning: SR-8, Single Family Proposed Zoning: 8.71 units per acre Future Zoning Amendment Background: This Comprehensive Plan amendment request addresses the following action in the DSAP: "Revise the Comprehensive Plan Map and adopt a new zoning designation for the area between Fourth and Fifthti.. Avenues North,north of James Street. Revise the existing Comprehensive Map designation,SF8(single Family Residential,8 dwelling units maximum per acre)to commercial. The zoning code designation shall allow limited office development, and include residential development combined with office development as a conditional use., Subject: #CPA-98-2 (A-L) Comprehensive Plan Amendments November 23, 1998 Page 17 The action above specifies a Commercial designation, followed by approval of limited Office zoning with a conditional use permit to allow housing. After the DSAP was drafted, the Mixed Use Comprehensive Plan Map designation was approved. Staff recommends that the designation be changed to Mixed Use and followed by limited Office zoning with a Mixed Use overlay,which would provide development standards and guidelines for mixing office and residential uses that are not provided by the Commercial designation. A conditional-use permit would not be required for housing development proposals that meet the development standards of the Mixed Use overlay. A al sis This proposed Comprehensive Plan map revision is a Kent Downtown Strategic Action Plan implementation action. The purpose of the action is to create a zone that is more compatible with the Commons Park, located directly west of the subject property, and to provide opportunities to develop housing close to work and recreation. Residents of the single family neighborhood north of James Street between Wh and 5" Avenues testified at public meetings and hearings that visitors to the Park in the evenings and weekends park on neighborhood streets and produce traffic levels that are not compatible with a single family neighborhood. By allowing mixed-use development that would include office and urban-style housing such as town houses, condominiums, and housing over office uses, a larger number of office workers and residents will have pedestrian access to the park. Parking facilities in the area could be increased through joint parking agreements for housing and office uses. The proposed revision is also consistent with Comprehensive goals and policies that direct housing and employment Growth into the downtown area, designated a regional Urban Center. The revision would allow more housing to be developed close to jobs, recreation, public transportation, and government and medical services than is possible with the present designation. If the Comprehensive Plan Land Use Map revision is approved, a new zoning district will be proposed, subject to Land Use and Planning Board recommendation and City Council approval, to permit limited office zone uses together with a mixed use overlay to permit housing to develop in a compatible land use pattern with new offices. The proposal is generally consistent with the criteria used to evaluate any proposed amendment to the Comprehensive Plan . It will not result in development that will adversely effect the Public Health, safety, and general welfare. The amendment proposal is based new information generated by the DSAP process and not available at the time that the Comprehensive Plan was adopted.The amendment is consistent with other goals and policies of the Comprehensive Plan and the amendment will maintain concurrency between the land use, transportation, and Capital Facilities elements of the Plan. The proposal is supported by the following Comprehensive Plan goals and Policies: Goal LU-3—Designate the downtown Planning area as a City Center Focus both the City and regional household and employment growth on the downtown area. Policy LU-3.3 —Encourage medium and high density residential development in the downtown area....... Goal H-2—Provide sufficient,diverse,and affordable housing for the existing and projected population of Kent. RECOMN[ENDATION Staff recommends approval of the above proposal to modify the Comprehensive Plan Land Use Map to revise the land use designation of the subject property from SF 8 to Mixed Use. In addition,the staff is directed to develop a new zoning district in order to implement the Mixed Use land use plan designation. Subject: #CPA-98-2 (A-L) Comprehensive Plan Amendments November 23, 1998 Page 18 CONCLUSION In summary, the staff recommendations for the twelve proposed plan amendments are as follows: Proposal A- Recommend that applicant's request for Commercial and General Commercial zoning be denied. Proposal B - Recommend that the applicant's request for Low Density Multifamily Residential and MRG zoning be denied. Proposal C - Recommend that the applicant's property be redesignated Single Family Residential 6 in the comprehensive plan and SR-6 on the zoning map Proposal D - Recommend that the applicant's request for Commercial and NCC zoning be denied. Proposal E - Recommend that the applicant's request for Low Density Multifamily and MRG zoning be denied. Proposal F - Recommend that the applicant's request for Commercial and CC zoning be denied. Proposal G - Recommend that the applicant's property be redesignated Commercial in the comprehensive plan and CC,Community Commercial on the zoning map. Proposal H- Recommend that the applicant's property be redesignated Single Family 8 in the comprehensive plan and SR-8 on the zoning map. Proposal I - Recommend that the applicants' request for Medium Density Multifamily Residential and MRM zoning be denied. Proposal J- Recommend that a work program be set up for 1999 to study the proposal to allow attached units in single family zones under certain conditions. Proposal K- Recommend the update of the Capital Facilities Element per the suggestions of the City of Kent Finance Department is approved. Proposal L- Recommend that the properties be redesignated Mixed Use in the comprehensive plan and direct staff to develop a new zoning district to implement this amendment. If you have any questions prior to the November 23rd public hearing, please contact me at(253) 859-4152. mj/p/public/cpa98-2.mm3 Attachments cc: James P.Harris,Planning Director Fred Satterstrom,Planning Manager Kevin O Neill,Senior Planner Sarah Bradley,Planner Linda Phillips,Planner Mayene Miller,Finance Director Barbara Engstrom,CFP Analyst Land Use and Planning Board Minutes November 23, 1998 Page 3 Steve Dowell MOVED and Ron Harmon SECONDED a motion to endorse the proposed regulatory review request and recommend to the City Council that the M-2 zoning district be amended to allow dart playing as a principally permitted use. Motion carried. 1"S COMPREHENSIVE PLAN AMENDMENTS Planner Matthews Jackson explained the process used in the evaluation and recommendation of comprehensive plan amendments. He outlined the specific criteria staff is required to follow in reviewing and analyzing each proposed amendment. Two of the Comprehensive Plan Amendments are proposed text changes only to the Comprehensive Plan. Mr. Jackson explained that amendments are not allowed to result in development that would adversely effect public health, safety and general welfare. The amendments are considered based on consistency with goals and policies of the comprehensive plan and concurrency between the land use, transportation and capital facilities elements. CPA-98-2(C)/CPZ-98-3 BURRIDGE AMENDMENT Mr. Jackson said this proposal is submitted by Charles Burridge to request a change in the land use designation from SF-3 Single Family/3 units per acre to SF-6 Single Family/6 units per acre and an amendment to the zoning from SR-3/3.71 units per acre to SR-6/6.05 units per acre single family residential. The property is located at 13602 Southeast 282nd Street and is approximately 11.21 acres in size. Mr. Jackson said this site is located adjacent to last years Clasen/Dinsdale amendment site proposal, which included the same change requests as, is being requested on the Burridge amendment. Mr. Jackson stated that the Board and Council approved the Clasen/Dinsdale amendment, allowing for a precedence of this request. Mr. Jackson said the property is encumbered slightly by wetlands that will limit development through the central portion of the site. He indicated that a 50-foot buffer is typically required surrounding wetlands as a protection from development. Mr. Jackson explained that staff has considered that the City of Kent is within the urban growth area in considering this recommendation. He stated that City Council supports single family development and that development is executed with cost effectiveness in providing urban services. Staff feels this recommendation is consistent with action taken last year and that that this amendment would provide for more single family ownership opportunities. Staff recommends approval of this application. Ron Harmon MOVED and Sharon Woodford SECONDED a motion to open the public hearing. Motion carried. Mr. Curt Newell, 28110 134th Pace SE, Kent, WA said that he lives on a low portion of land adjacent to the proposed property. He expressed concern over the drainage problems within this area. Mr. Newell explained that a drainage ditch running through the proposed property has been cleared out and reinforced with rocks and drainage pipes. Mr. Newell said that a water retention pond (approximately 40x40 feet and four feet deep) at the back of his property continually exceeds its banks with water backing up within 100 feet of his Land Use and Planning Board Minutes November 23, 1998 Page 4 home. He reiterated concern that if drainage is not adequate, water will back up further on his property. Mr. Newell said that he believes a SF-6 designation to be excessive for the area under consideration. He said that the land is extremely soggy. He expressed concern that development could effect the water quality of the community well located on one of the adjacent properties. Mr. Newell expressed concern over increased traffic generation in the area in addition to his concerns over the use of appropriate buffering from the corridor. Mr. Newell said that he desires to have the property remain as currently zoned. Jon A. Gentry, 28148 134th Place Southeast, Kent, WA said that his 1.5-acre property borders 282nd and 134th Place. He said his home was one of the original houses built in the tract 20 years ago. Mr. Gentry said the decision to build his home was based on the quietness of locating on a dead end road with no traffic as well as being located close to Kent and Auburn. Mr. Gentry expressed concern that more than 3 homes per acre would generate additional traffic on the road as well as effect the quality of life and disturb the water quality of the community well which he helps to maintain. Alan Stuckey, 13456 SE 282nd Street, Kent, WA said that his property lies to the southwest side of the proposed property. He stated that his primary concern with the rezoning of this property is the issue of ground water drainage from adjacent and other nearby properties. Mr. Stuckey submitted a letter for the record as Exhibit#3. Mr. Stuckey spoke at length on the need for appropriate drainage systems to handle both rainwater runoff as well as water from underground streams located in the area. He stated that his property has a manmade pond that captures drainage from the pasture area as well as water runoff from the uphill properties immediately to the west. Mr. Stuckey explained that the water is than funneled to the edge of the property proposed for rezoning where it works its way along southeast 282nd to the wetlands directly east of the application boundary site. Mr. Stuckey stated that the proposed Burridge amendment property is chiefly located on the downhill area of the entire water drainage system. He expressed concern that development of this property could jeopardize the quality of the clean drinking water provided by the well system that has been in service for 20 years. Mr. Stuckey stated that placing a large development in this area would be inconsistent with the character and use of adjacent and nearby properties. Charles Burridge, 27001 114th Avenue SE, Kent, WA addressed citizen concerns about the quality of the well water being compromised. Mr. Burridge stated that to maintain water quality in the area, a 12-inch line was being placed from 132nd Street to 144th Street as part of the Southridge project for which he is the developer. He said that water runoff from the property was being maintained with retention ponds as well as improving 132nd Street to the large wetland areas. Mr. Burridge said water runoff for the new development would run along 282nd to the wetland water �a retention area. Communication ensued between Mr. Dowell and Mr. Burridge regarding similar developments located close to the proposed development site. Land Use and Planning Board Minutes November 23, 1998 Page 5 Ms. Zimmerman questioned Mr. Burridge on how many homes could realistically be built on the proposed site. Mr. Burridge estimated 40 to 45 homes could be built on the site with consideration taken for the required 100 foot buffering requirements for the wetland areas. Chair Bell asked Mr. Burridge if he believed the drainage for his neighbors would improve as a result of the retention ponds. Mr. Burridge responded affirmatively. Ron Harmon asked Matt Jackson where public water was located in proximity to the subject property. Mr. Jackson deferred to City Engineer, Gary Gill who stated that Water District 101 serves the area. City Engineer, Gary Gill stated that the proposed area is part of a very sensitive and highly regarded wetland system that is a salmon-bearing tributary to Soos Creek. The setbacks required from the parameters of the wetland system and the stream are 100 feet. Mr. Gill spoke at length in regards to how development density relates to trip generation on the arterial roadway system. He stated that based on the development constraints on this site, the impact to the road system will not be increased substantially. Mr. Gill assuaged Mr. Dowell's concerns in regards to the density of development that could be developed on this site. Mr. Gill stated that the wetland areas on this site would severely restrict development of six units per acre and that the underlying County's original zoning allows for 3.71 units per acre. #CPA 98 2(D)/#CPZ-98-4 COSTANZO AMENDMENT Senior Planner Kevin O'Neill stated that this is a proposal to change the comprehensive plan and the zoning map designation for two properties from Single Family/6 units per acre to Neighborhood Commercial. The property is located east of the intersection of 116d,Avenue Southeast and Kent Kangley Road at 11715 and 11733 Kent Kangley Road. Mr. O'Neill said that last year a similar request was considered for the lot located at the southeast corner of 116th Avenue Southeast and Kent Kangley Road He stated that the lot immediately to the west of these two lots is designated commercial and the lot on the southeast corner of Kent Kangley was approved for commercial with a condition that right-of-way be dedicated at the intersection of 116th and Kent Kangley. Mr. O'Neill explained that that intersection is the northern terminus of the 277th Corridor, which will become a major intersection with extensive improvements associated with it. Mr. O'Neill said that two issues were considered in analyzing this proposal: potential impacts to the transportation system, specifically at the intersection of Kent Kangley and 116' , and impacts to adjoining single family residences. Mr. O'Neill defined the property designations of the properties surrounding the subject property. Mr. O'Neill said that this proposed rezone would move existing commercial zoning two parcels ..� further east,bringing it closer to existing single family residences. Mr. O'Neill stated that since the properties are fairly large a method could be potentially developed to buffer potential commercial development from the residential properties. Land Use and Planning Board Minutes November 23, 1998 Page 6 Mr. O'Neill stated that the applicant discussed potentially consolidating all four properties to allow for one consolidated development, assuming that the property on the comer is effectuated as a commercial parcel. Mr. O'Neill said that property consolidation could minimize impacts to the property as it would allow for better ingress and egress to the site and allow for better buffering as there would be more flexibility in siting the development on the site so as not to impact property owners. Mr. O'Neill said the possibility exists that the property could be developed as four distinctive stand alone commercial developments. Mr. O'Neill stated that the status of the comer parcel is uncertain and by moving the commercial area further east, this could pose a negative impact on the adjoining single family residents. Mr. O'Neill stated that the inability to determine how the ingress and egress from the property would be accomplished could impact the intersection. Staff recommends denial of this proposal. Mr. Gill referred to the ITE (Institute for Traffic Engineers) Trip Generation Manual while speaking at length on potential peak hour trips that could develop as a result of development of the site. Mr. Gill stated that Public Works objective in building the 277' and 196' corridors is to move commuters through the city and into the outlying areas in a safe and efficient manner. Mr. Gill stated that when you introduce commercial sites at major intersections, trips in and out of those sites increase substantially creating the serious potential for vehicular accidents and creating gridlock at those intersections, reducing the level of service that those arterials can provide. Chair Bell said that if the market demands commercial development, than that type of development should take place. Karen Rehkop, 24633 156`' Avenue Southeast,Kent,WA stated that she is the owner of the two middle properties situated in the center of the four properties under proposal. She stated that the conditions for the corner property have been resolved and that the convenience store on that property had been rezoned to neighborhood commercial four years ago. Ms. Rehkop stated that her property located at 11715 Kent Kangley Road is under consideration as part of this proposal. Ms. Rehkop said that she has owned this property for 20 years and purchased the adjoining property with anticipation of growth in that direction. She stated that she anticipates this property could accommodate a development that would care for the needs of the surrounding property owners as well as compliment the community with an aesthetically pleasing landscape plan. Ms. Rehkop stated that at the present time,the four properties can be entered at road grade level. She stated that the residential development abutting up to the proposed property sets below the level of the properties and is separated from the properties by a high fence. Ms. Rehkop said that a plan is in place for the four properties to share ingress and egress to the properties, lessening the impact on Kent Kangley Road. Mr. Harmon noted that the south end of the property is below street grade facing the single-family residences. He asked Ms. Rehkop if she planned to cut and fill that area. Ms. Rehkop stated that she felt it would be necessary to cut and fill that area to create a uniform look. In response to Mr. Malik's question,Ms.Rehkop said that four driveways entered onto Kent Kangley from her property with a two-way left turn lane provided on Kent Kangley. Land Use and Planning Board Minutes November 23, 1998 Page 7 Donna Remmer, 11733 Southeast Kent Kangley, Kent, WA said her family owns the property located next to Karen Rehkop's and she would like to see the property converted to commercial as it does not lend itself to single family development. She stated that traffic from the road generates a high volume of noise. Ms. Remmer said that Kent Kangley Road is dark and it would be beneficial to have more lighting installed. Martin Durkan,Jr.,330 Southwest 43n0 Street, Renton, WA stated that he represented property owner Mr. John Titus last year when he was granted a conditional rezone on his comer property. The conditional rezone was based on Mr. Titus dedicating a portion of property for a street right-of-way for the new corridor running along the property. Mr. Durkan stated that after negotiations were completed with the city regarding right-of-way easements, it was determined that a larger portion of property would have to be dedicated than originally anticipated decreasing the size of the developable property. Mr. Durkan stated that he consulted with the adjoining property owners to formulate a site plan that would benefit all property owners by integrating development of the separate properties. This would create property that would be more suitable for development. Mr. Durkan said that he has executed an agreement with the adjoining property owners to consolidate usage of the current driveways, decreasing the number of access points from 6 or 7 down to 2 driveways. This should have a positive impact on the transportation infrastructure that currently exists. v Tent' Zimmerman asked Mr. Durkin how the residential properties would be buffered from the development. Mr. Durkin explained that the buildings are designed with tiles which absorb sound, acting as acoustical buffers from the noise. He said that sidewalks, landscaping, as well as the building design would act as a visual screen buffer. Mr. Richard Constanzo, 24310 Crystal Lake Place, Woodinville, WA said that he was the applicant for this project. He stated that the properties should be looked at as an island of commercial property versus a fragmented development. He spoke at length about proposed methodology to divert traffic as well as deal with traffic generation as a result of new development. Mr. Constanzo stated that there is a cross access and parking agreement with the contiguous corner property owners. He concurred that buffering is of paramount importance with 30,000 cars traveling on Kent Kangley Road daily. Mr. Constanzo stated that any commercial buildings erected would mitigate noise for the properties located to the south. Mr. Constanzo stated that development of the property would take place on the 2.62-acre parcel fronting Kent Kangley Road as well as at the intersection of 116th. He stated that development might be considered close to 264th. CPA-98-2(H)/CPZ-98-8 HOULE AMENDMENT Planner Matt Jackson explained that this application is submitted by Mr. Les Houle. He stated that the parcel of land consists of 6.32 acres. The property is located at 25840 135 Lane Southeast at the �./ head of Lake Meridian next to the Pink Thunderbird Mobile Home Park. Mr. Jackson stated that a prior proposal request was submitted for the Lewis property to change the land use designation from multifamily to a duplex designation. He said that the current request is Land Use and Planning Board Minutes November 23, 1998 Page 8 for a land use designation change from SF-6 single family/6 units per acre to SF-8 single family/8 units per acre and a change in zoning from SR-4.5 to SR-8. Mr. Jackson stated that this change would increase the single-family residential density. Mr. Jackson stated that two houses as well as 16-18 rental suites are on this property with public access to a community beach. He stated that under the current zoning of SR 4.5, a tentative plat meeting was held with the applicant as a means to determine how the property could be developed as well as look at the expense involved in developing the property. Mr. Jackson stated that as a result of the meeting, the applicant was required to improve 135' Avenue South, from 256'to their property. Mr. Jackson stated that the cost of development would be unfeasible considering the property density. He said the applicant is requesting higher density to offset the cost of development. Mr. Jackson stated that staff reviewed the property and determined that improvements were necessary for the street system as well as on site retention for water drainage. Mr. Jackson said that Lake Meridian is a shoreline of statewide significance and a permit is required for development within 200 feet of the shoreline. He said that the site offers unique opportunities for additional home ownership near the lake. Mr. Jackson said that Kent's Comprehensive Plan has several goals and policies supporting the establishment of new single family residential neighborhoods and public access to amenities such as the lake. Mr. Jackson stated that within a SR-8 zoning designation; the land can be developed with lot sizes of 7600 square feet or 4.5 units per acre as well as developed with lot sizes of 4000 square feet or 8 units per acre. Mr. Jackson stated that staff believes that it is in the best interest of the city to allow for smaller lot development to encourage the affordability of home ownership near the lake. Mr. Jackson stated that it is likely that the developer would provide for community beach access. Staff recommends approval of this application. Chair Bell submitted a letter from Mr. Dick Lamb for the record as Exhibit#4, voicing opposition of development to the property at 25840 135" Lane SE. In response to Sharon Woodford, Mr. Jackson stated that the only access road to the property and neighboring properties is 135th Lane SE with no plans in place for an additional roadway.. Mr. Jackson stated that prior to the Meridian annexation, this property was under the jurisdiction of the county. Under county regulations,Planned Unit Developments (PUD's)were allowed with attached or clustered housing while maintaining open areas within the underlying density. Mr. Jackson said that this area is not developed exclusively for single family detached housing, as there are attached duplexes and triplexes located near this project In response to Mr. Dowell,Mr. Jackson stated that no building codes were enforced regarding single family attached units other than a planned unit development must be developed as condominiums ' on a minimum of 100 acres. Mr. Malik voiced his concern that roadway improvements should be completed prior to any development of property. Mr. Jackson stated that developers are required to put up a bond exceeding Land Use and Planning Board Minutes �r November 23, 1998 Page 9 the proposed cost for necessary improvements such as roadways and complete construction prior to any building permits being issued. Mr. Jon Nelson,320 28' Avenue South, Kirkland, WA stated that he is employed with Peterson Consulting and along with Cam West represents Les Houle. He stated that a new residential development with a single-family density of 8 units per acre would provide a density transition between the mobile home park on the west and the larger lot residential neighborhoods to the east. Mr. Nelson stated that this development would provide affordable single family housing and provide a visual buffer for the adjoining properties. Mr. Charlie Denny, 25702 135' Place Southeast, Kent, WA said that he has resided in the Lake Meridian area for 26 years. Mr. Denny voiced his opposition to a residential development that would increase the housing density by 40 or 50 additional homes. He stated that 135th Place is the only street to and from the proposed site. The additional homes would impact a street that already accommodates 100 trailers, 21 homes and 18 cabins. Mr. Eric Clarke, 924 Bellevue Way NE, Suite 101, Bellevue, WA is employed with Cam West Development. Mr. Clarke submitted a packet of aerial photographs illustrating the two successful in-fill communities of Lakeview Park in Kirkland and Kelsey Creek in Bellevue. These photographs were submitted for the record as Exhibit #5. Mr. Clarke stated that his company is working in conjunction with Mr. Les Houle and Mr. Jon Nelson of Peterson Consulting in designing a traditional neighborhood for the Lewis property. Mr. Clark stated that developing detached homes at 8 units per acre(approximately 40-45 units) will provide a superior in-fill community, quality and affordability as well as a neighborhood with a sense of community. Mr. Clarke stated that he would be glad to coordinate a tour of the Kelsey Creek and Lakeview Park projects if planning staff and the Board was interested. City Engineer Gary Gill spoke at length about density impacts to the area. Mr. Gill stated that he felt a 36-foot wide neighborhood collector street would be adequate. He said that the city would require the developer to complete off site improvements to 256' Street. Mr. Gill said that the developer would have to provide a minimum 24 foot wide, two-lane roadway with widened and paved shoulders, and full curb gutters. Mr. Harmon asked Mr. Gill if egress and ingress for the existing neighbors would improve as a result of the new development. Mr. Gill responded in the negative as trip generation would increase. He explained that safety within the area would improve as a result of widening the lanes and providing adequate shoulders with walkways. Mr. Harmon asked Mr. Gill if the Fire Department has been involved with this proposal. Mr. Gill stated that staff works closely with the Fire Department in establishing minimum lane widths of 28 feet on local access streets allowing room for an emergency vehicle to navigate. Conversation ensued between Mr. Harmon and Mr. Jackson regarding allowable density for the �✓ proposed development. Mr. Jackson stated that the developers would have to provide for a right-of- way as it is currently nonexistent. Land Use and Planning Board Minutes November 23, 1998 Page 10 Mr. Malik asked Mr. Jackson how much of the property would be set aside for beachfront usage. Mr. Jackson stated that the City has provisions in place for plats of 5 lots or more where the developer would dedicate either 5% of the total plat area or pays a fee to provide parks in the area. r-ns-98_2revrv7_98-1 RRUISCHF. AMENDMENT Mr. Jackson stated that this application is submitted by Leo and Norma Brutsche. Mr. Jackson said the property is located at the southwest comer of 132"d Avenue Southeast and Southeast 256d' Street and is approximately .98 acres in size. Mr. Jackson stated that the applicant is requesting a change to the land use designation from SF-6/Single Family 6 units per acre to Commercial and the zoning designation from SR-6/Single Family Residential/ 6 units per acre to General Commercial. The applicant would like to provide a comer grocery store. Mr. Jackson stated that the neighboring land use designations are residential and this development would create a new commercial node on 132"d and 256°. Mr. Jackson stated that the main issue is if merit exists in creating a commercial development at this site. He stated that existing commercial nodes at 240' and 132"d are developed with offices and an QFC shopping center. Mr. Jackson stated that the Lake Meridian Plaza is located south of the proposed site at Kent Kangley and 132nd with a Fred Meyers and several restaurants. Both shopping centers are located less than one mile from the proposed site and still have room for expansion. Mr. Jackson stated that the Public Works department is concerned with the high volume of traffic in the area of 256th and that this area is slated for improvement within the next two years under the single family residential zoning currently in effect. Mr. Jackson stated that staff recommends denial of this request. Beverly Riedler, 13110 SE 258" Street,Kent,WA stated that she resides adjacent to the proposed property and supports staff s recommendation for denial. Ms. Riedler submitted a letter for the record as Exhibit#6. She voiced her concern over the impact that this development would generate in terms of increased noise volume as well as flooding the residential area with light. Ms. Riedler stated a commercial development in this area would generate the potential for pedestrian as well as vehicular accidents as both arterials are heavily traveled. Ms. Riedler stated that in 1997, 21,400 cars traveled through the intersection at 132nd and 12,000 cars traveled through 256th. Mr. Jackson submitted letters from Paula Egbert for the record as Exhibit #7, from Mr. and Mrs. Roland Darling as Exhibit #8, and from Mr. Bill Eastman as Exhibit #9 voicing concern over development of this project. Mr. Dave DeHaM 13121 Southeast 2581° Street, Kent,WA stated that he resides in an adjoining neighborhood with the youngest children. Mr. DeHart said that he supports staffs recommendation for denial. He stated that this proposed development would increase traffic density, creating a safety risk to the children in the neighborhood. He stated that he does not wish to view a commercial business from his residence. Mr. Lee Robertson, 13104 SE 258'"Street, Kent,WA stated that his property is adjacent to Mr. Brutsche's property and he supports staff s recommendation for denial. He voiced concerned about the increased traffic generation'as a result of this development. Mr. Robertson stated that Ms. Claudia Odie,Head of the Kent School District's Transportation Department, will not allow a bus stop at the end of their street due to the high volume of traffic already occurring. ....... .......... Land Use and Planning Board Minutes November 23, 1998 Page 11 Ms. Pam Robertson, 13104 SE 258" Street, Kent,WA stated that she concurs with her neighbors in supporting denial of this proposal. She stated that she is opposed to increasing the volume of traffic and noise levels. Ms. Robertson stated that existing commercial is adequate. She said that this proposed section of land is a small section of Mr. Brutsche's property. Ms. Robertson said if this property is zoned commercial, the remainder of his property could potentially become zoned as commercial, creating a highly congested intersection. Mr. Jerald Cline, 823 Joshua Green Building, Seattle, WA represents Mr. Brutsche. Mr. Cline submitted material in support of a Soos Creek County convenience store for the record as Exhibit #10. Mr. Cline explained that convenience stores are typically located in residential areas. Mr. Cline stated that a convenience store is a mixed-use enterprise. He said that it meets the land use goals of the comprehensive plan to encourage corner stores and establish a quality of life that encourages pedestrian access for commercial establishments or retail use. Mr. Cline stated that the proposed area currently does not offer adequate retail areas. He stated that people are driving from Soos Creek and the Meridian Lake area to the East Hill commercial area, increasing traffic density. The market suggests locating small convenience stores within residential areas to serve the community. Mr. Cline explained that since the adoption of Kent's Comprehensive Plan in April 1995, several changes have occurred in Kent. He stated that the most important change was the annexation of the Meridian area formerly under the county's zoning regulations. Mr. Cline stated that this is the first review request for this area under the City of Kent's regulations. Mr. Cline addressed the concerns of the neighbors. He explained that there is a natural buffer on the property the Brutsches will use to develop their convenience store. The buffer will screen Brutsche's property from the Robertson's subdivision and from the property of the other folks. Mr. Cline stated that Mr. Brutsche owns the property to the west of the proposed site. He said that Mr. Brutsche would dedicate a right-hand turning lane that so that vehicular traffic traveling east on 256th will be able to enter and leave the proposed store's property safely. Mr. John Casey, 12719 Southeast 254`" Place, Kent, WA stated that he opposes rezoning this property and is recommending that this proposal be denied. Mr. Casey said that numerous convenience stores, grocery establishments and gas stations are located within one mile of Mr. Brutsche's property. He stated that a general commercial designation would be a drastic change from the current single family designation. #CPA-98-2B1/CPZ-98-2 SHULMAN AMENDMENT Mr. Jackson stated that this proposal submitted by Jack Lynch requests a land use change from Commercial to Low Density Multifamily and the zoning from General Commercial to MR-G Garden Density Multifamily/16 units per acre. The property is 7.5 acres in size and is located 700 feet west of Pacific Highway South on the south side of Kent-Des Moines Road. Mr. Jackson stated that Mr. Lynch submitted a similar proposal last year for a medium density multifamily designation with a zoning of MRM/23 units per acre. Mr. Jackson stated that staff revised that request and ..• recommended approval at 16 units per acre under MRG zoning. Mr. Jackson said that both the Board and Council denied the proposal. Land Use and Planning Board Minutes November 23, 1998 Page 12 Mr. Jackson stated that the City of Des-Moines surrounds the property on three sides. There are significant environmental constraints connected with any development on this property. The headwaters of Massey Creek are located on this property. Mr. Jackson stated that the City of Des-Moines has incorporated this area in their comprehensive plan with a townhouse designation of 10-12 units per acre. Mr. Jackson stated that staff believes that the information received this year was not significantly different from last year's request. Mr. Jackson stated that staff recommends denial of this request. Mr. Robert Ruth, 805 South 219'h Street, Des Moines, WA is a Senior Planner with the City of Des Moines. He states that the City of Des Moines bound the proposed property on three sides. Mr. Ruth stated that he concurs with the City of Kent Planning staff that this proposal be denied and that the MR-G density designation would overwhelm the site's carrying capacity. Mr. Ruth stated that City of Des Moines staff believes that 50%of the site consists of sensitive areas comprised of steep slopes, wetlands, streams and the headwaters of Massey Creek(a critical drainage basin which experiences frequent flooding). Mr. Ruth said that density should not be increased in an area that is enamoured by sensitive areas. He stated that although an effort has been made to protect the wetlands and buffers, slopes would be recontoured, cut and filled. Mr. Ruth said that if development occurs the disturbance to the land would affect drainage patterns throughout the site and down through the basin. Mr. Ruth spoke at length about the increase in traffic generation that would occur. He stated that the Des-Moines intersection of Pacific Highway South and the Kent Des Moines Road is a failing intersection located just a few hundred feet from the site. Mr. Ruth stated that no improvements have been made to the frontage road adjacent to the proposed site to accommodate this type of development. Mr. Ruth stated that the Kent Des-Moines Road arcs so that site distance to and from the site is impaired. Mr.Jack Lynch, 1001 Northeast Boat Street,Seattle,WA stated that he represents the applicant. He stated that the site is west of Pacific Highway south and consists of 8.5 acres. Mr. Lynch said that one acre located west of the proposed site is zoned commercial and is located within the City of Des-Moines. He stated that a deed restriction would be placed on that parcel of land to inhibit development. Mr. Lynch stated that site conditions dictate what type of development will take place. He stated that a wetlands and topographic study has been completed as well as a traffic analysis. Mr. Lynch said that the site is heavily wooded. Development would be concentrated on 35 to 40 percent of the site located on the north side of the property. Mr. Lynch stated that the proposed development would allow for a maximum of 78 two-story high townhouse units,consisting of nine two stories buildings. W. Lynch said that the building density would equate to 10.5 units per acre. He stated that sixty percent of the site would be retained in its natural state with approximately 3.5 acres of developable land. Mr. Lynch stated that a townhouse concept would be a good transition in this area. Mr. Lynch said there is commercial development to the east and north with existing multifamily and single family Land Use and Planning Board Minutes �,. November 23, 1998 Page 13 housing to the southwest. Mr. Lynch stated that clustered development is conducive to this site with the environmental constraints associated with this land. Martin Durkin, Jr.,330 Southwest Ord Street, Renton, WA stated that he worked with Mr. Shulman on last year's project. He said that the City of Kent recommended approval of a 140 unit multifamily project last year. Mr. Durkin stated that the outcome from the Council's deliberations indicated that they did not want further multifamily development in Kent. Mr. Durkin stated that he worked with City Attorney, Mr. Lubovich to prepare a townhouse ordinance. He stated that the ordinance was not completed and the only ordinance currently in effect allows for 110 unit Planned Unit Development. Mr. Durkin disagreed with the City of Des-Moines assumptions that the steep slopes will be cut down and wetlands disturbed. He stated that the City of Des-Moines has submitted a proposal to widen Des-Moines Way. Mr. Durkin stated that the City of Des Moines would be cutting down the slopes and that the city has plans to turn the wetlands into a regional detention area that would create a tremendous disturbance within this sensitive area. Mr. Durkin said that the representative with the City of Des-Moines failed to explain that this property is under possibility of future condemnation. Mr. Durkin stated that he asked Mr. Shulman to submit a substantially different request this year committing to development of townhouse condominiums and reducing the number of units from 140 to 70, substantially less than the property can carry. Mr. Durkin said that the market dictates a need for affordable townhouse condominiums and that this development would act as a buffer from the commercial development and multifamily housing. He would appreciate the City's support in favor of this proposal. Chair Bell announced that the Board should consider the Mower/Tonelli Amendment then close the public hearing,continue with deliberations and voting and hold a continuance of the public hearing on Monday, November 30 at 7:00 p.m. to hear the remainder of the code amendments. Mr. Dowell was in favor of continuing the hearing until all the amendments had been heard. Mr. Dowell moved to continue the hearing process until completion. Motion died for lack of a second. Chair Bell apologized to the public for having to set through the hearing on amendments that did not pertain to them and for their patience in having to return on November 30. #CPA-98-2(E)/#CPz-98-5 MOWER/TONELLI AMENDMENT Matt Jackson submitted a letter from the City of Des-Moines for the record as Exhibit #11. Mr. Jackson stated that Mr. Dana Mower on behalf of Mr. Tonelli submits this proposal. The property is located on 88' Avenue South and South 218' Street and is 6.9 acres in size. The applicant is requesting a change in land use from Industrial to Low Density Multifamily and a change in the zoning from Commercial Manufacturing 1 to (MRG) Garden Density Multifamily. Mr. Jackson stated that Mr. Tonelli owns an adjacent piece of property zoned MR-G and is requesting that the two properties be joined together to build a multifamily project. Mr. Jackson stated that the neighboring land use is (CM) Commercial Manufacturing which allows for a wide range of light manufacturing and heavy commercial uses. Mr. Jackson said that there is a range of industrial uses of similar nature in the vicinity as well as large-scale multifamily projects located south of this proposed site. Land Use and Planning Board Minutes November 23, 1998 Page 14 Mr. Jackson stated that the site is located on a substandard road fronted by SR-167 and encounters high noise levels. He said that the applicant has not been able to market the proposal for commercial manufacturing because of its size and because it is located next to multifamily zoning. Mr. Jackson said that there would be difficulty in developing this site for multifamily residential use as the site is located up slope from the freeway and experiences high noise impacts. He stated that staff would need to consider converting existing industrial land to residential. Mr. Jackson stated that the City of Kent serves as a focal point for regional and industrial land and serves as the core for warehouse distribution and industrial uses in the region. Mr. Jackson said that each year the Growth Management Act requires Kent to complete a capacity analysis on residential carrying capacity and the city's potential for industrial growth. Mr. Jackson stated that there is a lack of available commercial manufacturing land in Kent and the region. Mr. Jackson said that it is in the best interests of the city to protect available commercial property. Mr. Jackson stated that staff recommends denial of this proposal. Mr. Rich Tonelli,22440 881h Avenue South, Kent, WA stated that he is the applicant and resides on the last 20 acres of the farm of which 6.9 acres is part of the proposed rezone area. He said that his family has been a part of the Kent Valley since 1910 and his property was originally part of a working farm until the 1960's when SR-167 divided the property into three parcels. Mr. Tonelli stated that development of the property should be in the best interests of the city as well as suit their own interests. He stated that a multifamily (PUD) Planned Unit Development was approved in the 1980's and expired as no one was interested in buying the property. Mr. Tonelli stated that split zoning on the 20-acre parcel has made it difficult to develop the land and stated that two offers have been received for the 20 acres to develop multifamily housing. Mr. Tonelli said that if multifamily housing were developed under the current zoning, residents would have to travel through existing industrial property to enter the residential development. Mr. Tonelli stated that the portion of the property zoned for multifamily development is located at the back portion of the 20 acres with a steep slope and is difficult to develop. He voiced his believe that if the entire 20 acres were developed as multifamily, this would be advantageous in that 5 to 7 acres of the slope can be left as undeveloped land. Roberta Marta, 502 16'Street Northeast,Suite 312,Auburn,WA represents Dana Mower and DBM Consulting Engineers. She stated that their client,Rich Tonelli has been a long time member of the community and would like this project to be in the best interest of the community. Ms. Marta explained that DBM Consulting respects staff s decision to recommend denial. She stated that the proposal is requesting rezoning Lot 1 and Lot 2 to MR-G Garden Density Multifamily Residential District from Commercial in order to maintain consistent zoning throughout the property and eliminate safety issues associated with leaving the property to the west commercial. Ms. Marta submitted preliminary site plans for the record as Exhibit#12. Ms. Marta referred to the site plans in speaking at length on what they were proposing for the area. .. Ms. Marta said that a traffic analysis was completed comparing commercial and residential traffic impacts to the area. Ms. Marta stated that the report indicated that a residential development would alleviate traffic locally and regionally. Land Use and Planning Board Minutes November 23, 1998 Page 15 Ms. Marta submitted an article from the South County Journal as Exhibit# which addressed the demand for multifamily housing in the community. Ms. Marta said that this project would provide affordable housing, with easy access located immediately adjacent to employment centers in the valley. Gary Volchok, 1420 5"Avenue, Suite 1700, Seattle,WA stated that he has served the Kent Valley as a real estate agent with CB Commercial for 30 years. Mr. Volchok stated that he has worked with Mr. Tonelli over the years to sell his property. Mr. Volchok said that selling this property has proved difficult due to the split zoning and the way in which the property would need to be developed with the CM-1 zoning located at the bottom portion and residential development at the top of the property. Mr. Volchok stated that portions of the top 8 acres of the property are can not be developed due to sensitive areas. He stated that approximately 12 acres are developable due to financial constraints. Mr. Volchok spoke on the access and safety issues that would be encountered by the need to enter the multifamily development through the Commercial Manufacturing zoned property. Mr. Volchok stated that he has inventoried the industrial properties in Kent and Auburn and concurs with staff that industrial zoning is at a critical mass within the Kent Valley. He spoke at length on defining commercial zoning and stated that he felt that this property should not be used for Nlo� commercial development. Mr. Volchok stated that he has checked with other multifamily realtors in the valley and has been informed that there is a shortage of available MR-G land in the Kent Valley for building affordable multifamily housing. Mr. Volchok stated that he favors multifamily development for this property. He stated that this property is located in close proximity to the freeway interchange as well as being close to employment centers decreasing commute time. Communication ensued between the Board and Mr. Volchok for clarification on where ingress and egress is located for the multifamily project abutting up to the proposed property as well as where access would be for the proposed property. Mr. Malik asked Mr. Volchok how new development would affect the intersection at 228'and north Central. 'Mr. Volchok stated that more vehicular traffic would be generated no matter how the property is developed. He stated that a tentative traffic analysis of the area indicated if the property was developed with multifamily, there would be less trips generated then if the property was developed with a combination of industrial and multifamily. Terry Zimmerman MOVED and David Malik SECONDED a motion to close the public hearing. Motion carried. Brad Bell voiced his intent to allow the Board to deliberate and vote on the six individual code amendments with continuance of the public hearing to November 30 to hear the remainder of the amendments. Mr. Bell asked Assistant City Attorney Laurie Evezich if this would be acceptable. Ms. Evezich concurred. Land Use and Planning Board Minutes November 23, 1998 Page 16 CpA 98 2(C)/CPZ-98-2 BURRIDGE AMENDMENT Chair Bell said this is a request to change the land use map designation from SF-3 Single Family Residential/3 units per acre to SF-6 Single Family Residential/6 units per acre and the zoning map designation from SR-3 Single Family Residential/3 units per acre to SR-6 Single Family Residential/6 units per acre. The property is located east of 13511 Avenue Southeast and north of 282nd. Staff recommends approval of this amendment. Ron Harmon expressed his desire for the property to remain zoned as SF-3. The Board members with the exception of Mr. Dowell ccncurred. Steve Dowell MOVED and Tent' Zimmerman SECONDED a motion to recommend denial of this amendment. Motion carried. CPA-98-2(D)/CPZ-98-4 COSTANZO AMENDMENT Chair Bell said that this is a request to change the land use map designation from SF-6 Single Family Residential/6 units per acre to Commercial and the zoning map designation from SR-6 Single Family Residential/6 units per acre to NCC Neighborhood Convenience Commercial District. The property is located along 116' and Kent Kangley Highway. Staff recommends denial of this amendment. Planning Manager Fred Satterstrom announced that regrettably an erroneous public notification may have occurred and that the surrounding property owners within a 300-foot radius had not been properly notified as required by law. Mr. Satterstrom extended apologies to the Board, the applicant as well as all others in attendance concerning this amendment. He stated that although the site was properly posted, surrounding property owners will need to be renoticed and the amendment reheard by the Board. Mr. Satterstrom respectfully requested that this amendment not be acted upon until staff has ascertained the exact facts. Laurie Evezich recommended that proper notification should be given if it was not initiated correctly. She stated proper notification involves questions of fundamental fairness under the Due Process Clause of both constitutions. Ms. Evezich recommended that the Board should move to remove this item from the six amendments to be deliberated upon this evening. Mr. Satterstrom explained that a 10-day notification period is necessary prior to a hearing. He said when this hearing reconvenes on November 30, the Board will be informed at that time if this item will be rescheduled for the public hearing scheduled on December 14. 2(H)/#CPZ-98-8 HOULE AMENDMENT Chair Bell said that this is a request to change the land use map designation from SF-6 Single Family Residential/6 units per acre to SF-8 Single Family Residential/8 units per acre and the zoning map designation from SR-5 Single Family Residential/5 units per acre to SR-8 Single Family ResidentialJ8 units per acre. The property is located at 25840 135' Lane Southeast by Lake Meridian. Staff recommends approval. Chair Bell stated that he concurs with staffs recommendation and believes that the developer has proposed a unique development. Chair Bell said that he believes the developer will comply with the requirements for sidewalks and address safety concerns as well as provides additional housing in the community. INi.11i..... Land Use and Planning Board Minutes November 23, 1998 Page 17 Mr. Harmon voiced his concern in reference to safety issues and traffic generation due to accessibility being limited to one way in and out of the property. Mr. Harmon stated that he would like to see the city and developer find a way to develop more than one ingress and egress location or widen the street to allow room for emergency vehicles. City Engineer, Gary Gill stated that the main concern with this development last year was that a minimum of 24 feet of street width was required from 256th Street to the entrance of the site with a minimum of 6 foot paved shoulders or a walkway located on one side of the roadway. Mr. Gill said that this development must construct curb gutters and sidewalks along their sites with the same guidelines stipulated for last year. Terry Zimmerman MOVED and Ron Harmon SECONDED a motion to recommend approval of #CPA-98-2(H)/CPZ-98-8 Houle Amendment. Motion carried. #CPA 98 2(A)/#CPZ 98 1 BRUTSCHE AMENDMENT Chair Bell said this is a request to change the land use map designation from SF-6 Single Family Residential/6 units petr acre to Commercial District and the zoning map designation from SR 6 Single Family Residential/6 units per acre to GC General Commercial District. The property is located at the southwest corner of southeast 256'h and 132"d Avenue South. Steve Dowell MOVED and Terry Zimmerman SECONDED a motion to recommend denial of ECPA-98-2(A)/#CPZ-98-1 Brutsche Amendment. Motion carried unanimously. #CPA 98 2(B)/#CPZ 98 2 SHULMAN AMENDMENT Chair Bell said this is a request to change the land use map designation from Commercial to Low Density Multifamily Residential and the zoning map designation from GC General Commercial to MR-G Garden Density Multifamily. The property is located 700 feet west of Pacific Highway South on the south side of Kent Des-Moines Road. Staff recommends denial . Ms. Zimmerman stated that she approves of this amendment contingent on the property being developed for home ownership. Chair Bell and Sharon Woodford concurred with Ms. Zimmerman. Ms. Evezich stated that the Board does not have authority to amend the zoning code through this forum. Ron Harmon MOVED and Sharon Woodford SECONDED a motion to recommend denial of this application. Motion carried unanimously. #CPA 98-2(E)/#CPZ-98-5 MOWER/TONELLI AMENDMENT Chair Bell said this is a request to change the land use map designation from Industrial to Low Density Multifamily Residential and the zoning map designation from CM-1 Commercial Manufacturing to MR-G Garden Density Multifamily Residential/16 units per acre. The property is located east of SR-167 at 88'Avenue South and South 288' Street. Chair Bell stated that he recommends approving the Tonelli Amendment. He stated that Kent has encouraged development of multifamily housing in the valley for many years and that the location is conducive to this type of development. Steve Dowell MOVED and David Malik SECONDED a motion to recommend approval of the Mower/Tonelli Amendment. Motion carried unanimously. ............. Land Use and Planning Board Minutes November 23, 1998 Page 18 Steve Dowell MOVED and Ron Hannon SECONDED a motion for continuance of the public hearing on Monday, November 30 to hear the remaining code amendments and to remove the Costanzo Amendment from deliberations. Motion carried. ELECTION OF OFFICERS Chair Bell opened the meeting for nominations. Steve Dowell NOMINATED and Sharon Woodford SECONDED a motion to appoint Ron Harmon to the position of Chairman. Ron Harmon accepted. Sharon Woodford NOMINATED and Jon Johnson SECONDED a motion to appoint Terry Zimmerman to the position of Vice Chair. Terry Zimmerman accepted. Steve Dowell MOVED and Sharon Woodford SECONDED a motion for a unanimous ballot for the positions of Chair and Vice Chair. Motion Carried. ADJOURNMENT Ron Harmon MOVED and Terry Zimmerman SECONDED a motion to adjourn. Motion carried. The meeting adjourned at 11:15 p.m. 9etary ctfully Submitted, . Hams ' Planning Department (253)859-3390/FAX(253) 850-2544 James P. Harris,Planning Director LAND USE & PLANNING BOARD MINUTES Public Hearing November 30, 1998 The continuance meeting from November 23, 1998 of the Kent Land Use and Planning Board was called to order by Chair Brad Bell at 7:00 p.m. on Monday, November 30 1998 in Council Chambers of Kent City Hall. LAND USE & PLANNING BOARD MEMBERS PRESENT: Brad Bell, Chair Sharon Woodford, Vice Chair Steve Dowell Ron Harmon Jon Johnson David Malik Terry Zimmerman PLANNING STAFF MEMBERS PRESENT: James P. Harris, Planning Director Fred Satterstrom, Planning Manager Kevin O'Neill, Senior Planner Matthews Jackson,Planner/GIS Coordinator Linda Phillips, Planner Pamela Mottram, Administrative Secretary APPROVAL OF MINUTES Approval of the November 23, 1998 minutes has been deferred to the January 26, 1999 meeting. ADDED ITEMS TO THE AGENDA None COMMUNICATIONS None NOTICE OF UPCOMING MEETINGS None Ron Harmon MOVED and David Malik SECONDED a motion to open the public hearing. Motion carried. Planning Manager Fred Satterstrom stated that a tax parcel number for CPA-98-2 (D)/CPZ-98-4 Costanzo Amendment had been transposed during data entry resulting in notification of the wrong property owners. Fred Satterstrom apologized to the Board and public for staffs error. Fred Satterstrom stated that as the public needs to be properly notified he recommends that the Board add this amendment to the agenda for the December 14, 1998 public hearing. Jon Johnson MOVED and David Malik SECONDED a motion for continuance of the hearing on this item to December 14, 1998. Motion carried. Land Use and Planning Board Minutes November 30, 1998 Page 2 CPA 98-2 (n/CPZ 98 6 MOWER/NGUYEN AMENDMENT Planner Sarah Bradley said this amendment is a request to change the land use map designation from Low Density Multifamily Residential to Commercial and the zoning map designation from MR-G, Garden Density Multifamily Residential/16 units per acre to CC, Community Commercial District. The property is located south of Kent Kangley at 12809 Kent-Kangley Road. The property consists of one tax lot 15,264 square feet in size and contains one single-family residence. The property to the west is zoned Office and SR-6 and is encumbered by a wetland that would need buffering. The property to the east is zoned Community Commercial with a single family residence, a chiropractic and realty office. Ms. Bradley submitted a report for the record as Exhibit#1, generated by the Washington State Department of Transportation. Ms. Bradley said the report indicates over 100 accidents have occurred at the intersection between 128th and 132nd Avenue on Kent Kangley Road. She stated the accidents from January 1994 through December 1996. Ms. Bradley said that there is one entrance to the property off of Kent Kangley Road and that the Public Works department is concerned that development in this area could create a higher vehicular accident rate. Ms. Bradley said staff recommends denial of this application. Board member, Ron Harmon inquired of Sarah how many trips are generated under the present zoning of MR-G, Garden Density Multifamily Residential District as compared to Community Commercial. Ms. Bradley stated that the property has a single-family residence generating approximately two daily trips. City Engineer, Gary Gill responded to the comparison factors for trip generation between MRG and Commercial. He stated that most multifamily trips generate six p.m. peak hour trips per unit. Gary Gill stated that commercial development could potentially generate 19 to 60 peak hour trips per 1,000 square feet of actual building construction. Dana Mower,DBM Consulting Engineers,50216th Street Northeast,Suite 312,Auburn stated that he represents the owner/applicant. He stated that there are geometric considerations that make this property unique in support of changing zoning from MRG to Commercial and he stated that he would like to see zoning that is contiguous and homogenous to the property Mr. Mower stated that this parcel of land is too small to be developed as MR-G. He stated that if the area were to be developed as multifamily, the adjoining parcels would have to be developed along with this parcel. Mr. Mower said the parcel fronts Kent Kangley Road for 231 feet with the property to the east and west zoned Community Commercial and Office. He stated that one third of the property is zoned Community Commercial and two thirds MR-G,Garden Density Multifamily Residential District. Mr. Mower said he received data from Pat Fulley with the Department of Transportation indicating 18 accidents have occurred at this intersection since 1994. He stated that he spoke with Ed White,City of Kent Transportation Engineer, about the possibility of closing off main access from 128th for this parcel and creating access availability from Kent Kangley Road and that Mr. White concurred with this. Traffic currently wraps around the intersection and necessitates a hard right tutu of 180% to enter the site. Mr. Mower stated that he spoke with John Bond,City of Kent Traffic Specialist who voiced concerns with traffic in the area but rated safety of the 128th Street intersection at below the 200th most dangerous intersection in the city with the occurrence of three accidents within one year. Mr. Mower stated that he completed an independent study with the Department of Transportation regarding traffic volume at the intersection of 128th Street. The resultant report indicated four accidents had occurred within one year. Land Use and Planning Board Minutes November 30, 1998 Page 3 Mr. Mower stated that the data Sarah Bradley received from the Department of Transportation described a corridor area of SR-561 from milepost 9.15 to 12.18 that runs from 128th Place SE to Southeast Wax Road. Nguyen Huy, 12819 Kent Kangley Road,Kent,WA stated that as the applicant he would like to see the property rezoned commercial as there is commercial development located to the east and west of his property. He stated that he would like an entrance to the property directly off of Kent Kangley Road. In response to Board member Sharon Woodford Mr. Nguyen stated that he would like what he would like to see developed on his property if it were zoned commercial. He responded that he would like to develop his property as a professional office development. as he was advised by Planning staff that his property was best suited for commercial use. CPA-98-2 (G)/CPZ-98-7 GUSA AMENDMENT Planner,Matthews Jackson stated that this is a request to change the land use designation from MHP, Mobile Home Park to commercial and a zoning change from MHP, Mobile Home Park to Community Commercial The property is located at 15386 South 272nd Street(also known as Kent Kangley Road) and consists of 3.28 acres. Mr. Jackson stated that the property is located between two existing mobile home parks. Mr. Jackson stated that the applicant asked for General Commercial in their application and erroneously stated that the property south of the site was zoned General Commercial. Mr. Jackson stated that zoning along Kent Kangley Road and elsewhere on East Hill is Community Commercial. He stated that the lot is �✓ landlocked from the street with a lot situated in front of the site that fronts Kent Kangley Road. Mr. Jackson said that there is an easement which provides access to this site. Mr. Jackson stated that an MHP zoning is unique in that multifamily-zoned property must exist to create a mobile home park. Mr. Jackson stated that the City does not favor zoning vacant properties for MHP zoning, as mobile home parks are a principally permitted use and make up an insignificant number of the total housing within the city. Mr. Jackson stated that the property is long and narrow with very little frontage and exists between two existing residences. He stated that Planning staff reviewed the applicant's request to use the property for a mini-storage facility and staff concurred. Staff is recommending approval to change the land use to Commercial and the zoning to Community Commercial. Mr. Jackson stated that mini-warehouses are allowed as a conditional use in the Community Commercial zone which requires a public hearing. Planning staff could place conditions on the site to mitigate for potential impacts to the neighborhood. Harold Peterson,Peterson Consulting Engineers,320 Second Avenue South,Kirkland,WA stated that he is speaking on behalf of Mr. Gusa. Mr. Peterson reiterated that the original application erroneously requested a change from MHP to General Commercial instead of a change to Community Commercial. Mr. Peterson stated that Mr.Gusa supports a Community Commercial designation and is aware that a conditional use would be required for a mini-warehouse facility which he favors. ..✓ CPA-98-2 (D/CPZ-98-9 MOWER/HEBERT AMENDMENT Senior Planner Kevin O'Neill said that this is a request to change the land use designation from mixed use, limited multifamily to medium density multifamily and a zoning change from Office Mixed Use to Medium Density Multifamily Residential. The property consists of 4.8 acres and is L-shaped. Mr. ONeill stated that the property consists of three parcels; one of which extends from Kent Kangley Road to Southeast 260'Street e W W u.n...... Land Use and Planning Board Minutes November 30, 1998 Page 4 with the other two parcels located at the comer of 108'Avenue Southeast and 2606. Mr. O'Neill stated that there is 200 feet of frontage along Kent Kangley Road. Mr. O'Neill stated that the surrounding property consists of differing land use and zoning designations such as commercial to the north,multifamily to the west with an MRM zoning,multifamily to the south with MRG zoning while the property directly to the south is zoned Single Family/8 units per acre. Mr.O Neill stated that the area to the east is predominantly single family residential, although it is zoned office. Mr. O'Neill submitted photographs from the applicant (showing the surrounding land uses) for the record as Exhibit# 1. Mr. O'Neill stated that under the existing zoning, 75% of the overall floor area of any development placed on this site could be residential. He stated that within an Office, Mixed-Use zone, multifamily residential use is permitted within a Mixed-Use overlay with the condition that at least 25% of the overall floor area of the development must be developed for commercial usage. Mr. O'Neill stated that this property is located in the mixed use overlay area and Planning staff concurs with the applicant that this location is well suited for residential use. Mr. O'Neill stated that multifamily residential zoning as well as commercial use and zoning is located close to this site. Mr. O'Neill said that staff recommends denial of this proposal. Mr. Dowell asked Mr. O"Neill what unit density could be constructed on the site under the current zoning. Mr. ONeill responded that under the mixed-use overlay zoning,there is more potential for multifamily build- out than for commercial. Mr. O'Neill stated that the Floor Area Ratios(FAR) are higher for residential than commercial development and that a residential build out of 15-25 units per acre would seem allowable under .r, the FAR in that zoning district. Mr. O'Neill further stated that MR-M zoning allows for 23 units per acre and the MR-G zone to the south allows for 16 units per acre. Mr. O'Neill stated that similar type of densities for at least the residential component of a mixed-use development on that site would be possible. Mr. Dowell asked Mr. O'Neill if the developer would gain bonuses by placing residential development on that site.Mr.O'Neill stated that the floor area ratios(FAR)for stand alone commercial and mixed-use overlay is .4. He said that on a 10,000 square foot site, this equates to a 4,000 square foot building. The FAR for residential use in the mixed-use overlay is 1.0; a one to one relationship between the lot area and the floor area. Mr. O'Neill stated that this is very large lot and it is not unreasonable to assume that this amount of build out could happen on the lot; given the underlying parking requirements. Mr. O'Neill stated that the overall build out allowable could potentially reach 23 units per acre. Mr. Dowell stated that the topography of that site dips down as you move south and asked if there were wetlands on this site. Mr.O'Neill stated that there is a slight drop off and indication that a wetland could be located at the south end of the property. Dana Mower,DBM Consulting Engineers,50216th Street NE,Suite 312,Auburn,WA stated that he was the applicant and would speak on behalf of the property owner,Mr.Hebert. He said that he concurred with staff on the need for higher density residential on the property. Mr.Mower stated that Mr. Hebert's concept is for two-story townhouse condominiums to be occupied by homeowners. Mower said that a change in zoning to multifamily has been requested to allow for a 16 unit per acre density for garden unit townhouses on this property. He stated that the property adjoins a 1.5-acre parcel, which would be developed together. Mr.Mower stated that he feels Kent has accomplished their mixed-use goals on both a regional scale as well as on a localized scale. Mr. Mower stated that he felt this property is too small to be used for a mixed-use development, as there is only 125 feet of width along Kent Kangley Road. Land Use and Planning Board Minutes November 30, 1998 Page 5 Mr. Mower stated that if the comer parcel of property was included as part of the development, the joined properties would make more sense developed commercially. Mr. Mower referred to the City of Kent's Mixed Use Development Code, Section 15.02.260 and Section F, 15.04.150. He spoke at length on his interpretation of development standards and cited three examples for the usage of floor area ratios. Terry Zimmerman asked Mr. Mower if there were wetlands on his property and if he felt it would be difficult to develop the dense southeast comer of the lot at 260th Street. Mr. Mower stated that a critical area analysis has not yet been completed. Mr. Dowell asked Mr. Mower if he understood that there is no allowance in the code for conditioning the property to be developed specifically as owner occupied buildings on this site. Mr. Mower responded that to his knowledge his client has only developed two story garden townhouses and not multifamily. William Robinson, 25854 108th Avenue Southeast, Kent, WA said that he resides on the comer of 260th and 108th across from the parcel proposed for rezoning. He spoke at length on the high ratio of accidents at that intersection as well as the high volume of noise generated in this area. Mr. Robinson stated that traffic backs up for hours in the evening. Mr. Robinson stated that he did not support zoning of the property for single family residential development. `✓ Hugh Leiper,815 Reiten Road,Kent,WA stated that he has been a commercial real estate consultant for over 40 years. He stated that the Growth Management Act was implemented by the State to accomplish development of communities that are compatible. Mr. Leiper stated that he worked with the U.S. Postal Service to develop a market analysis that utilized Kent zip code boundaries as well as the Kent School District boundaries in providing a total number of resident deliveries within Kent's city limits. Total deliveries for residential, apartments and condominiums equaled 84,787 of which 9,517 deliveries were to condominiums and 22,209 deliveries were to apartments. Mr. Leiper stated that the developer, Roger Hebert intends to develop condominiums in a manner that will function compatibly with the surrounding community. He stated that by developing a condominium on this site, it would provide a convenient location whereby residents will be able to walk to their shopping instead of driving as the site backs up to Albertsons. Mr. Leiper submitted the statistical postal report for the record as Exhibit#2. CPA-98-2 (J) RUTH AMENDMENT Planner, Linda Phillips said this application is a request by William Ruth to add a policy to the Comprehensive Plan under Land Use Goal 9 or Land Use Goal 10. The policy would read as: "...allow and encourage single family townhouse style attached condominiums in the single family residential zones that permit residential densities of 6 units per acre or higher." Ms. Phillips submitted a letter dated November 19 from Mr.Ruth for the record as Exhibit#3. Ms.Phillips said that Mr. Ruth states that under Kent's present comprehensive plan,many proposed detached single family developments are uneconomical. She stated that Mr. Ruth believes that land can be utilized in a more affordable and efficient manner by incorporating attached units within developments with innovative land use designs that would take advantage of unusual topographical features. Land Use and Planning Board Minutes November 30, 1998 Page 6 Ms. Phillips stated that by allowing attached units within developments, more view and open space can be saved and more economical housing can be provided. Ms. Phillips stated that Planning staff considered both the individual property owner and developer concerns regarding economical housing and environmental effects in their review of the application. She stated that Kent strongly opposes disruption of the single-family character of single family zones. Ms. Phillips stated that Planning has received numerous requests of this nature over the past five years and that the nature of this request would provide for flexibility and innovation within a single family design structure. Ms. Phillips said that it is the belief of staff that there may be validity for attached units even though not all developments with attached units have maintained the character of single family neighborhoods. She stated that several developers have successfully built attractive units that have been accepted in the community. Ms. Phillips stated that Planning staff recommends delaying a decision on this request to allow time to set up a work program for 1999 to study the effects of allowing attached units within single family zones. The study would include recommended processes, criteria and conditions for inclusion of policies to recommend attached units in single family zones in the comprehensive plan. John Kastien, 20609 94th Avenue South, Kent, WA stated that he has resided in South King County for 53 years with 10 of those years in Kent. He voiced his believe that a blanket proposal should be approved allowing multifamily development within residential zones of 6 or higher units per acre. He stated that each request should stand on its own merit as well as allow the property and homeowners opportunity to speak for or against this type of project. Diana Woodward,%23 South 203rd Street, Kent, WA agrees with Planning staff s recommendation to deny this proposal. Ms. Woodward referred to news items in the Kent Reporter's November 25 issue referring to a study by King County's Council Member; Dwight Pells titled "Distribution Disparity and Disproportionality". The results of the study showed Kent as one of five cities and two unincorporated areas in King County that contains 72% of the total public and subsidized housing within King County. Ms. Woodward stated that the report indicated that these areas are characterized by a high number of human services and lower property values. Ms. Woodward stated that the scope of the proposal is to broad, and if the proposal were passed, single familyresidential areas would suffer lower property values and every piece of land existing within single family residential zones of SF-6 and higher would be open to eventual development of multifamily housing. Ms. Woodward asked that single family residential areas be honored by not opening them to integration of attached side by side clustered multifamily housing. Howard Woodward, 9623 South 203rd Street, Kent, WA stated that he has reviewed Kent's comprehensive plan and cluster housing was not included. Mr. Woodward voiced his believe that clustered housing is no more than glorified apartments and as the proposal stands, there are no restrictions in place to control the type of attached dwellings that could be constructed. Mr.Woodward stated that he is aware that property owners wish to maximize their profits by developing land in a way that will return the most financial gain. Mr. Woodward stated that developers typically do not reside in these types of developments. He stated that if they resided in their developments, perhaps they would reevaluate allowing attached units within a single-family zone. Mr. Woodward would like the Board to deny approval of this proposal. Land Use and Planning Board Minutes . November 30, 1998 Page 7 BiH Ruth, 12410 SE 248th,Kent,WA stated that the market is what drives development and Kent's market calls for attached housing. Mr. Ruth stated that Planned Unit Developments that have been constructed over the past 8 to 10 years that have fit well within the community. Mr. Ruth stated that Kent needs an ordinance that will meet the market demand for clustered housing. Mr. Ruth stated that the southwest comer of 260th and 108th would work well for clustered housing. He stated that the property is approximately 3 acres in size,with a pond in the comer of the site. Mr. Ruth stated that the property owner is only able to sell his property for a price based on the density of the development. Mr. Ruth stated that he would like to see that a study analysis be provided by Planning Staff in an expedient time frame so that possible acceptance of this proposal would not be delayed indefinitely. CPA-98-2 (K) CITY OF KENT FINANCE DEPARTMENT Financial Planning Manager,Cliff Craig stated that the Finance Department is requesting approval of the draft update to the Capital Facilities Element of the Comprehensive Plan along with any changes that the Council may approve when they adopt the budget on December 8. Mr. Craig stated that the Capital Facilities element reflects changes in the six year plan resulting from the 1999 budget development process and that the changes are summarized in Draft Tables 8.1 and 8.2 showing the plan as it was presented in the 1999 preliminary budget document. Mr. Craig stated that the Council could suggest some changes to the Capital Facilities element between now and adoption of the plan on December 8. Mr. Craig responded to Brad Bell's concerns about the plan changing prior to going to Council December 8. He stated that the Council is in the process of finalizing the 1999 budget including the 1999 portion of the Capital Plan. Mr. Craig stated that the six-year Capital Facilities plan is listed in detail in the 1999 preliminary budget document. Mr. Bell stated that he speaks for himself and the Board in that he would have a problem recommending approval of something that the Council could potentially change. Mr. Craig stated that Finance does not expect the Council to make any changes to the plan as presented in the 1999 preliminary budget. Planning Director, James Harris stated that he believes that Cliff Craig is asking the Board to approve the framework within which the Council might make some minor changes at the December 8 final public hearing for the 1999 budget. CPA-98-2 Q CITY OF KENT PLANNING DEPARTMENT Planning Manager,Fred Satterstrom stated that this is a proposal to amend Kent's Comprehensive Plan by implementing a mixed use designation for the area called North Park located between Fourth and Fifth Avenue.Mr. Satterstrom stated that Planning staff submits this recommendation and if the Board recommends approval of a mixed-use designation and Council approves the request, Planning staff will proceed with the development of a special zoning district for this area. Ron Harmon asked Linda Phillips what proposal was indicated in the downtown strategic action plan. Ms. Phillips stated that the plan indicated zoning this area as limited office combined with residential. She stated that the original action was to implement a land use of commercial,than later rezone the property for limited office with a conditional use for combining residential and office. Ms. Phillips stated that Planning Staff reviewed the new land use designations available and felt that a mixed-use designation would be appropriate. Linda Phillips indicated that the comprehensive plan originally anticipated a limited office zone with mixed use residential within a mixed-use overlay. She said that implementing a mixed use designation and limited Land Use and Planning Board Minutes November 30, 1998 Page 8 office zoning with a mixed use overlay would cut the cost and time by not having to proceed with a conditional use permit. Mr. Dowell asked if a workshop had been held with the Northpark residents concerning this proposal. Ms. Phillips concurred and stated that there were no outstanding objections from the neighborhood. She stated that several of the residents complained about the activities at the Commons Park. Ms. Phillips stated that the intent for this proposal is to create an area compatible with the park as well as create residential access to the park. She stated that this could be accomplished by combining multifamily mixed use with office. Implementing this change would provide more office space in the downtown area. Ms. Phillips stated that if the park is master planned, provisions could be provided for setting up sr:ared parking agreements. Ms. Phillips submitted a letter addressed to the Council for the record as Exhibit # 4 from a group of neighbors within the Northpark area. She stated that the letter is relevant to this issue but indicates misperceptions in relation to the proposal. Ms. Phillips indicated that the area under question has not been rezoned as the neighbors indicated in their letter. The neighbors indicated that they believed that as landowners,rezoning would force them from their homes. Ms. Phillips stated that no master plan or proposal exists to condemn the homeowner's property and if a developer were interested in purchasing a residential property, they would have to make an offer and the homeowner has the right to decline or accept an offer. Ms. Phillips stated that the Strategic Action Plan dictates improving sidewalks and streets south of James Street as well as the intersection at James and Fourth Avenue to improve pedestrian use and had no connection with the property north of James Streets. Mr. Malik asked Ms. Phillips how many peak hours trips would be generated if zoning were changed from single family residential to mixed use with limited office zoning. Ms.Phillips stated that she could not project peak hour trip generation at this time. Gary Gill responded that single family residential typically generates 1 peak hour trip per unit and multifamily generation generates approximately 60 percent of that figure. Mr. Harmon questioned if proper notification was mailed to the Northpark residents, as no one was present at the hearing. Mr. Satterstrom stated that a 200-foot radius was mailed out within the appropriate time frame. Mr.Harmon stated that the lack of representation indicated to him that no one residing on 1 st,2nd, 3rd or 4th Avenue objects to this proposal and that the only objections are from residents on 5th Avenue. In response to Mr. Dowell, Mr. Satterstrom stated that a series of focus group meetings were held over the period of a year with citizen groups on the Downtown Strategic Action Plan. He stated that Northpark was divided on zoning. Mr. Satterstrom said that the residents on the eastside lobbied hard to maintain single family zoning. He stated that early on in the planning process,options were looked at to designate a mixed use are along James Street from 5th Avenue eastward to the railroad tracks. Mr. Satterstrom stated that the Council denied rezoning the area and that the Downtown Strategic Action Plan still indicated the area east of Fourth Avenue as single family zoning and the Northpark area between Fourth and Fifth Avenue remained as a mixed use designation. In response to Mr.Malik,Mr. Satterstrom stated that there were no plans at this time to widen Fifth Avenue in the Kent Commons area. He stated that although there was a recommendation for the Commons play field to be master planned at the drop off point to provide safer access to and from the field,the master planning process has not occurred. Mr. Satterstrom stated that access issues will be addressed at the time master planning happens. Land Use and Planning Board Minutes November 30, 1998 Page 9 Ms. Zimmerman stated that sixteen people have signed the letter but that about 27 units exist on the parcel of land in question. She said that this indicates that a high percentage of residents have indicated their disapproval of changing this area from single family residential. Ron Harmon MOVED and David Malik SECONDED a motion to close the public hearing. Motion carried. CPA-98-2 (F)/CPZ-98-6 MOWERINGUYEN AMENDMENT Brad Bell stated that this is a request to change the land use map designation from Low Density Multifamily Residential to Commercial and the zoning map designation from MR-G, Garden Density Multifamily ResidentiaU16 units per acre to CC,Community Commercial. The property is located at 12809 Kent Kangley Road. Ron Harmon voiced concern that if the parcel were rezoned commercial, additional property owners would request commercial zoning leaving less property available for MR-G development. Mr. Harmon concurs with staff's recommendation for denial. Jon Johnson stated that to rezone only one parcel to CC, Community Commercial is not sensible. He concurred with staffs recommendation for denial. Discussion ensued between Matthews Jackson and the Board members concerning the zoning designations as illustrated on the official zoning map that was distributed to the Board with the staff report for this proposal. Mr. Jackson assured the Board that the map they received was an official zoning map of the City of Kent and that the copy of the map handed out by the applicant was taken from the Planning Department's Kroh Book. Mr. Jackson stated that the Kroh Book has a disclaimer on the front stating"zoning boundaries in this book are not to be used as official zoning maps." Mr. Jackson stated that as far as the assessor's data is concerned and Kent's records are concerned, the property is zoned MR-G. He stated that the Planning Director has authority to shift a property boundary 50 feet each way based on administrative authority. Mr. Dowell stated that he would like to see the property rezoned CC, Community Commercial. Sharon Woodford stated that rezoning a single parcel of property would not generate a great increase in traffic and therefore supports a rezone to Community Commercial. Tent'Zimmerman supports staff's recommendation for denial as she voiced concern with traffic and access to the property. David Malik voiced concern with high traffic volumes and supported denial of this request. Brad Bell felt the site has commercial potential. He stated that rezoning this small parcel is not sensible specifically due to ingress and egress problems. He supports staffs recommendation for denial. Ron Harmon MOVED and Steve Dowell SECONDED a motion that CPA-98-2(F)/CPZ-98-6/Mower/Nguyen Amendment is denied. Motion carried. CPA-98-2 (G)/CPZ-98-7 GUSA AMENDMENT Brad Bell defined this as a request to change the land use designation from Mobile Home Park to Commercial and the zoning map designation from Mobile Home Park to Community Commercial. The property is located at 15386 Southeast 272nd Street,north of Kent Kangley Road and east of 152nd Way Southeast. Land Use and Planning Board Minutes November 30, 1998 Page 10 Ron Harmon supports staff s recommendation to approve this request and would like this property to be used for storage warehouse not a dumping ground for abandoned cars, trucks or heavy machinery. Terry Zimmerman stated that she does not believe that General Commercial is appropriate for Easthill. She supports Community Commercial with an agreement that the property be used specifically as a mini-storage park. David Malik voiced concern that the easement width from Kent Kangley to this site would not accommodate navigation of a truck onto this site from Kent Kangley Road. Mr. Jackson stated that the typical width of an easement is 20 to 30 feet. Mr. Malik supports denial of this proposal. Steve Dowell stated that he supports staff s recommendation for Community Commercial. Brad Bell supports staffs recommendation to approve this request. Terry Zimmerman MOVED and David Malik SECONDED a motion to accept staff s recommendation for approval of CPA-98-2 (G)/CPZ-98-7 Gusa Amendment. Motion carried. CPA 98 NIl/CPZ 98-9 MOWER/HEBERT AMENDMENT Brad Bell defined this as a request to change the land use map designation from Mixed Use Limited Multifamily to Medium Density Multifamily Residential and the zoning map designation from Office/Mixed Use Professional and Office/Mixed Use to MR-M, Medium Density Multifamily Residential/23 units per acre. The property is located at Kent Kangley Road and 108th Avenue Southeast. David Malik supports Planning staffs recommendation to retain mixed use. Ron Harmon concurred with David Malik that the property should be retained as multifamily,mixed-use development. In response to Mr. Harmon,Kevin O'Neill said that Mr. Mower was correct in saying that the mixed-use development definition states that at least 25% of the total floor area must be commercial. Mr. O'Neill stated that Mr. Mower referred to sections of the zoning code relating specifically to floor area ratio and site coverage. Mr. O'Neill stated that the maximum floor area ratio for stand-alone commercial is.4 and the floor area ratio for residential is 1.0. Mr. O'Neill stated that if the property is developed as stand alone commercial, site coverage is 40%and if a mix of residential and commercial development occurs,you can get up to 60%site coverage. Mr. O'Neill stated that this property could not be developed as stand alone residential. In response to Mr. Dowell, Mr. O'Neill stated that a townhouse is defined as a multifamily dwelling connected with sidewalls. He stated that this zoning district allows for multifamily dwellings constructed in several different configurations. Mr. O'Neill said that townhouse developments currently exist in MR-G zones with height and setback limitations. Jon Johnson stated that this property has a history of rezone requests. He stated that land use has not changed significantly nor has the need for additional multifamily housing increased substantially to warrant a policy change by the City Council and ultimately the zoning that was adopted in 1997 by the City Council. Jon Johnson stated that he recommends denial of this request. Terry Zimmerman voiced her support of the applicant's request to change the zoning to medium density multifamily. She stated that this property has a narrow fiontage along Kent Kangley Road and she can not see a commercial development built on this site as ingress and egress would be difficult. Land Use and Planning Board Minutes November 30, 1998 Page 11 Sharon Woodford concurs with Ms. Zimmerman in supporting the applicant's request to change the zoning to medium density multifamily. Brad Bell stated that a commercial development would not be conducive for this property and that there is no market for the existing zoning. He voiced support for the applicant's request to change the zoning to medium density multifamily. Ron Harmon stated that staff has reassured the developer that height limitations is not a problem and that he should be able to build the number of units that he desires as well as enjoy a commercial at a ground floor level .He stated that he supports denial of this request. In response to David Malik,Gary Gill addressed how development of multifamily versus mixed use would affect the traffic flow in the area. He stated that multifamily development would generate less peak hour trips than a combination of multifamily and commercial and that a commercial development on Kent Kangley would compound the traffic problems. Mr. Gill stated that if circulation moved through 260th, this could relieve traffic congestion depending on how the project was sited on the property. Steve Dowell stated that he recommends denial of this request and supports retaining the current zoning. Jon Johnson MOVED and Ron Harmon SECONDED a motion to support staffs recommendation to deny CPA-98-2 (I)/CPZ-98-9 Mower/Hebert Amendment. Motion carried four to three. CPA 98-2 MIRUTH AMENDMENT Brad Bell defined this as a request to amend the land use element Goal LU9 and Goal LU10. Brad Bell said that he agrees with Mr. Ruth that property exists that is not developable under single family home standards and that affordable housing is a problem. Mr. Bell concurred with Mr. Ruth that Planned Unit Development ordinances exist and that the City of Kent has not met the growth management goals they have set. Brad Bell said that the Snyder attached units are as nice as any single-family home development that he has seen. Mr. Bell said the properties Mr. Ruth pointed out have not devalued the neighboring properties. He stated that multifamily housing provides for open space that is attractive to neighbors. He stated that he would not oppose this type of development in his neighborhood. Brad Bell stated that he agrees with Planning staff that a study evaluation should be completed immediately to determine how multifamily housing could be developed within single family residential areas and that a townhouse ordinance needs to be implemented in support of these types of development in the community. Jon Johnson said that he supports Planning staff s recommendation to study this issue. He stated that only certain properties would be suitable for multifamily housing within single family developments. He stated that well planned developments blend well with surrounding single family homes and increase property values. Steve Dowell asked Mr. Harris how a zoning ordinance could be implemented that would protect single family zones with the inclusion of attached dwellings. Mr. Harris stated that this issue would be included in the study and recommendations would be brought back to the Board at a later date. Mr. Dowell supports �.✓ staff s recommendation for further study Terry Zimmerman said she supports Planning staffs recommendation to review allowing townhouses in residential areas. She suggested that neighborhood traffic patterns should be looked at. Ms.Zimmerman said that she lives in a townhouse development situated between a large apartment complex to the east and a Land Use and Planning Board Minutes November 30, 1998 Page 12 single-family neighborhood to her west with$250 to $300 homes. She stated that the entrance to her home is off of 277th Avenue, which is heavily traveled. Ms. Zimmerman suggested that positioning townhouse developments closer to main arterials would be less disruptive to traffic in single family residential areas. Terry Zimmerman stated that she takes exception with Mr. and Mrs. Woodward about declining property values and the fact that she doesn't use many social services even though she is a social worker. She stated that she purchased her townhouse for $96,000, which is what she could afford as a single parent, and the neighboring properties are well maintained. Ms. Zimmerman stated that she feels that there are many people like herself who could use a more affordable place to live in a great city like Kent. Sharon Woodford supports Planning staff s recommendation to pursue a study that would implement a new zoning area for townhouses. She stated that the Board has heard amendment requests to build townhouses and have been in favor of this type of development, however, conditions could not be placed on these amendments to assure that townhouses would actually be built. He said that he believes there is a market for single family attached dwellings but does not believe they should be placed in single family residential areas. Ron Harmon voiced concern that at one time a townhouse ordinance existed in Kent and now is no longer in existence. Mr. Harris stated that although King County and other jurisdictions have a cluster or attached housing zone, Kent has never had this type of zone. Mr.Harris stated that Planning is experiencing an upsurge in submittals for attached dwelling developments because many properties are constrained by wetlands or steep slopes. Mr. Harris stated that at one time,Kent allowed Planned Unit Developments throughout the city. The regulations were changed to allow these developments on a minimum of 100 acres. Mr.Harris stated that Planning staff is requesting that the Board recommend a study for multifamily housing in a single-family residential area. as well as amend the Comprehensive Plan policies. Ron Harmon voiced his desire for a detailed study to be completed by Planning staff within the next couple months and that study results will be heard by the Board after single family neighborhoods have been notified to allow them opportunity to attend a hearing and provide testimony if desired. Steve Dowell MOVED and David Malik SECONDED a motion to approve staff s recommendation to amend the Comprehensive Plan policies as well as recommend to the Council that a work program be set up for early 1999 to study the proposal allowing attached units in single family residential areas. Motion carried. CPA 98 2 (K) CITY OF KENT FINANCE DEPARTMENT Brad Bell said this is a request to amend the Capital Facilities Element. Sharon Woodford asked if it were possible to defer to the Council for their decision. Assistant City Attorney, Laurie Evezich stated that the Board could choose not to make a recommendation and defer to the Council. Ron Harmon MOVED and Terry Zimmerman SECONDED a motion to not make a recommendation and defer this to the City Council. Motion carried. CPA 98-2 (L)CITY OF KENT PLANMG DEPARTMENT Brad Bell defined this as a request to change the land use map designation from SF-8, Single-Family Residential/8 units per acre to Mixed Use Commercial. The property is located north of James Street between Fourth and Fifth Avenue South. Brad Bell asked Linda Phillips what the motivation was that generated this request. Linda Phillips stated that this action came about as a result of the Downtown Strategic Action Plan process. Land Use and Planning Board Minutes November 30, 1998 Page 13 Linda said that as discussion progressed with the neighborhood, it appeared that there were a number of people both in private and in public hearings who favored rezoning mixed use office to strictly office usage. Linda Phillips stated that this recommendation came from the consultant,Makers. Linda submitted a letter dated 8/30/98 from a group of citizens surrounding 4th and 5th Avenue North for the record as Exhibit # 5. Terry Zimmerman voiced concern about the potential for loss of affordable housing in the community. She said her concerns are generated by the neighbors concerns. She stated that if folks wish to change the zoning from single family residential to mixed use zoning, more work needs to take place with the neighborhood and it is her impression that the neighbors do not favor this change. David Malik voiced concern over the lack of safety for the children who play in the Kent Commons Park and that peak hour traffic would increase if zoning change was implemented. Sharon Woodford stated that when this issue was discussed at prior public hearings with no public opposition towards rezoning. She stated that many of the neighbors indicated the desire to move from the neighborhood and allow an office or commercial developer to purchase their property. Ms. Woodford stated that there needs to be more public involvement at this time. She said that she feels the proposal is an excellent use for this property and that the neighbors are not mandated to sell their homes. Brad Bell stated that there was no community representation from Northpark at the hearing and voiced concern that perhaps the 200 foot radius notification may not have encompassed a large enough area. Terry Zimmerman reiterated that there was a letter signed by 16 of the 27 residents indicated as existing on this parcel. Steve Dowell and the other Board members voiced concern that the mailing radius was not large enough to encompass the entire neighborhood which includes First, Second and Third Avenue. Mr.Harris admonished the Board for deferring to the public at this point. He stated that it is the responsibility of the Board to analyze the material presented and make a decision. Brad Bell voiced disagreement with Mr. Harris by stating that he believed that citizens play a vital role in the public hearings and the ultimate decision process. Mr. Bell stated that the Board can not defer to the public but are servants of the public and are here to listen to their input. Mr. Harris stated that the public has been properly notified and that it is not the responsibility of the Planning staff to physically bring them in. Jon Johnson MOVED and Terry Zimmerman SECONDED a motion that CPA-98-2(L)City of Kent Planning Department's request to change the land use map designation from SF-8, Single Family Residential/8 units per acre to Mixed Use Commercial be denied. Motion carried unanimously. Meeting adjourned at 10:00 p.m. ectfully Submitted, Ja s P. Hams ecretary CITY Of Jim White, Mayor Planning Department (253)859-3390/FAX(253) 850-2544 James P. Harris,Planning Director CITY OF KENT PLA 49 NG DEPARTMENT (206) 859-3390 MEMORANDUM DECEMBER 14, 1998 MEMO TO: BRAD BELL, CHAIR, AND MEMBERS OF THE LAND USE AND PLANNING BOARD FROM: KEVIN O'NEILL, SENIOR PLANNER SUBJECT: #CPA-98-2 (D)/4CPZ-98-4 APPLICATION FOR A COMPREHENSIVE PLAN AMENDMENT 9Y RICHARD COSTANZO As you are aware, on November 23, 1998 the Land Use and Planning Board conducted a public hearing on the 1998 comprehensive plan amendments. One of the amendments on which a �. public hearing was held was an application submitted by Richard Costanzo for a plan amendment from Single Family Residential to (SF-6) Commercial for properties located at 11715 and 11733 Kent Kangley Road. As you recall, subsequent to the hearing, staff reviewed the file and discovered that the public notice for the hearing had not been correctly mailed to adjoining property owners. Therefore, we recommended that the public hearing be rescheduled so that public notice could be done correctly. This item has been re-advertised, and will be considered at the Board's December 14 public meeting. The staff analysis of this proposed comprehensive plan amendment is contained in the staff report (dated November 23, 1998) which was previously sent to you for the November 23 hearing. Please bring this staff report with you to the December 14 hearing. I should note that the City Attorney's office has notified the owner of the parcel at the southeast comer of 116`h Avenue SE and Kent Kangley Road that they have until December 8 to fulfill the condition for road right-of-way dedication which was placed on their comprehensive plan amendment last year. As noted in the staff report, this parcel is located just to the east of the parcels proposed for a change this year, and was referenced in the applicant's proposal. Therefore, at the time of the December 14 hearing the status of this parcel should be resolved, and staff will present this information to the Board at the meeting. If you have any questions about this application prior to the December 14 hearing, please contact me at 850-4799. cc: James P. Harris, Planning Director Fred Satterstrom, Planning Manager '2041h%VENUE SOUTH : KENT.W%SHINCTON 08I0'-Ss11+,TELEPHONE 1]5 1 gi4-i11N1 CITY OF Jim White, Mayor -aT is Planning Department (253) 859-3390/FAX(253) 850-2544 James P. Harris, Planning Director LAND USE & PLANNING BOARD MINUTES Public Hearing December 14, 1998 The meeting of the Kent Land Use and Planning Board was called to order by Chair Brad Bell at 7:00 p.m. on Monday, December 14, 1998 in Council Chambers of Kent City Hall. LAND USE & PLANNING BOARD MEMBERS PRESENT: Brad Bell,Chair Sharon Woodford, Vice Chair Steve Dowell Ron Harmon Jon Johnson David Malik Terry Zimmerman PLANNING STAFF MEMBERS PRESENT: James P. Harris, Planning Director Fred Satterstrom, Planning Manager ..r Kevin O'Neill, Senior Planner Matthews Jackson,Planner/GIS Coordinator Pamela Mottram, Administrative Secretary APPROVAL OF MINUTES Approval of the November 23 and 30 minutes have been deferred to the January 26, 1998 meeting. ADDED ITEMS TO TIRE AGENDA None COMMUNICATIONS None NOTICE OF UPCOMING MEETINGS Planning Director,James Harris announced that a workshop will be held Monday,January 11 and the public hearing will be held on Tuesday, January 26, 1999. #CPA 98-2 (D)/CPZ-984 COSTANZO AMENDMENT Senior Planner Kevin O'Neill stated that a public hearing was held on this item on November 23. Mr. O'Neill stated that subsequent to that hearing,staff discovered that the initial notification had not gone out to the correct group of surrounding property owners. He stated that the hearing could proceed tonight as proper notification had been completed. Mr. O'Neill extended apologies to the Board and the applicant for the inconvenience that had been caused. Mr. O'Neill stated that this application relates to two parcels at 11733 and 11715 Kent Kangley Road. He stated that the land use designation on the parcel to the west is currently commercial and is zoned NCC, Neighborhood Convenience Commercial. Mr. O'Neill stated that the parcel immediately to the west of that parcel went through the comprehensive plan amendment process in 1997. It was approved for a land use change to Commercial and a zoning of NCC with a condition that adequate property be dedicated for right- of-way. "04th:\VENUE SOUTH ! KEN-r,%%r\SHINGTON ;gv5;TFLL'PHONE �_'Jit gi4-?tlMt .............. Land Use and Planning Board Minutes December 14, 1998 Page 2 Kevin O'Neill stated that he had indicated through his staff report and at the November 23 hearing that the rezone had not yet been formally executed as the condition had not been satisfied. Mr. O'Neill announced that as of this afternoon, December 14,conditions has been satisfied and an agreement had been drawn up between the property'owner and the city of Kent with regard to dedication of the right-of-way. He stated that even though an ordinance has not been adopted to approve changing the land use to commercial all conditions have been met thereby clearing the way for approval. Mr. O'Neill extensively defined the land uses for the other parcels surrounding the subject property. Kevin O'Neill stated that the intersection of I I6th Avenue Southeast and Kent Kangley Road is the northern terminus of the 277th Corridor project and from this point the corridor will proceed south down 116th and eventually connect through the valley to Central Avenue. Mr. O'Neill stated that as a result of this project, the 116th Avenue intersection will be substantially improved due to the addition of road widening and turn lanes. City Engineer,Gary Gill spoke at length regarding the standards that would need to be met regarding right- of-way as it relates to the subject property. Gary Gill stated that if the subject property was developed for residential purposes, the intent would be to widen 264th Street and create access to the property from that street. Gary Gill stated that if the property were developed as a commercial use, all access to the property would be from Kent Kangley Road with no access allowed through the internal residential street. Gary Gill spoke at length on trip generation. He stated that if the property were developed as residential, 15 evening peak hour trips could be generated. He stated if the property were developed as commercial, 300 or 400 evening peak hour trips could be generated. Mr. Gill calculated trip generation based on the Institute for Traffic Engineers trip Generation Manual that estimates differences in traffic characteristics of developments and land uses. He stated that all ITE trip values are calculated based on each 1000 square feet of building improvements on a site. Mr. Gill stated that there are many factors that figure into determining trip generation. He stated if a commercial establishment is located on a arterial roadway,many trips could be defined as"pass-by trips" (people stop in and leave as they are driving by), "diverted trips" (someone is diverted from their normal course), or"new trips"(customers are attracted to the area from a distance) Gary Gill stated that the traffic count on Kent Kangley runs around 34,000 trips per day. Mr.Gill stated that many of the plats within the corridor area were developed and subdivided in the 1990's and has subsequently been developed. He stated that the lots were conditioned to deed right of way for the corridor as a condition for receiving utility service. Terry Zimmerman asked Gary Gill if it was his intention to allow for left hand turns off of this property across Kent Kangley heading west, if it were developed as commercial. Gary Gill responded that it would depend on where the end of the double left turn pocket is located. Mr. Gill, in response to Steve Dowell, stated that long term trip forecasts were predicted through the year 2020. He stated that the Public Works department estimates that the current level of travel on the Kent Kangley corridor will be maintained. Gary Gill stated that 256th Street is designated as a minor arterial and is designated for design implementation and construction improvements from 116th easterly past 132nd within the next two years. He said that the State Highway department has identified 256th Street as a future on and off ramp link to Highway 18. Land Use and Planning Board Minutes `�✓ December 14, 1998 Page 3 David Malik asked Gary Gill what fees the developer would be assessed for peak hour trips if the site were developed as a supermarket. Gary Gill stated that the current value is about$1500 per p.m. peak hour trip for new trips. David Malik asked if this indicates that the developer will pay the City of Kent about $650,000. Gary Gill concurred. David Malik asked Gary Gill where curb cuts would be placed on Kent Kangley to accommodate left turns from the site. Gary Gill stated that curb cut locations would depend on the orientation of the buildings on the property. He stated that Public Works would look closely at determining the most feasible circulation pattern for this site and place curb cuts accordingly. Gary Gill said that Public Works would attempt to move the driveway cuts as far east of I I6th as possible. Ron Harmon asked Gary Gill how much frontage on this site would need to be used to expand Kent Kangley Road. Mr.Gill said that the current assessor's maps indicates that the most westerly parcel already includes 50 feet of right-of-way from the center line of Kent Kangley Road along the entire frontage. Gary Gill said that Public Works would require an additional seven feet from that parcel. Mr. Gill indicated that the parcel to the east shows 30 feet of existing right-of-way with Public Works requiring an additional 27 feet. Brad Bell asked Gary Gill if he supports staffs recommendation on this issue. Gary Gill stated that the primary concern of Public Works was just to present facts that would assist the Board in their decision making. Kevin O'Neill said that staff s two major concerns with this request is traffic hazards and the placement of commercial development to close to existing residential properties. h.r Kevin O'Neill said that the applicant expressed an interest in integrating his parcels and developing them jointly as commercial. Mr. O'Neill stated that an integrated development would allow for better control of ingress and egress to the site and subsequently buildings could be placed on site in a way that would minimize impact in the area. Staff voiced concern that the parcels would be developed independently creating high traffic generation in an already highly congested corridor. Staff recommends denial. Ron Harmon MOVED and Sharon Woodford SECONDED a motion to open the public hearing. Motion carried Ron Remmer, 11733 Kent Kangley Road,Kent,WA voiced concern that the lack of lighting creates low visibility and high traffic volume on the road creates safety issues. He stated that even though his home sets back from the road 80 to 90 feet, the volume of noise is excessive. Mr. Remmer said his home is located furthest east of the site. Karen Rehkop,11715 Kent Kangley Road,Kent,WA stated that she has owned the Shortstop Market for twenty years. Ms. Rehkop stated that the market is located on the second parcel of property from the intersection and that she also owns the adjacent property located between Mr. and Mrs. Remmer's property. Ms.Rehkop stated that as Kent continues to grow,she would like to see her property developed in a way that would be attractive to the surrounding neighborhood and be a positive and viable development. She stated that she would like to see all four parcels of land developed jointly. Terry Zimmerman asked Ms.Rehkop if she had an agreement with the property owner to the west for joint development. Ms. Rehkop said that a written agreement did not exist, rather that they have a mutual understanding to develop their properties in a way that would benefit the community. Land Use and Planning Board Minutes December 14, 1998 Page 4 Richard Costanzo, 24310 Crystal Lake Place, Woodinville, WA said that he was the applicant. Mr. Costanzo stated that traffic has increased to the point where health, safety and welfare have been compromised. He stated that developing this property as residential would not be desirable. Mr. Costanzo spoke at length on peak hour trip generation and diverting of traffic specifically from 104th Avenue. Mr. Costanzo stated that in 1991 a post-opening traffic impact study was completed for the Lake Meridian Market Place. The study was completed after the opening of the center in the belief that results would indicate an increase in traffic generation to the west thus increasing traffic impact fee mitigation costs although results of the study actually indicated a decrease in traffic impacts on the west side of that site. Mr. Costanzo stated that he believes trip generation would decrease as a result of consolidating the four parcels as one commercial use. He stated that the development would serve as a diversion as customers would not be forced to head west from 116th to shop for services. Mr. Costanzo said that the five existing driveways on Kent Kangley would be reduced to not more than two access points as a result of new development. Mr. Costanzo addressed the topographic problems by stating that as part of any development, the roadway would be smoothed out creating easier ingress and egress. He said that any commercial developer would resolve the lighting and security issue as well as create a means to buffer noise from the residences on 264th. Mr. Costanzo stated that he has a contingent cross-access agreement with the comer property owners and that the property owner,Ms. Rehkob has not signed the agreement. Mr. Costanzo entered a letter for the record dated 11/23/98 from Village Properties NW as Exhibit# 1. Tent'Zimmerman asked Mr. Costanzo what type of commercial development he would consider if the four properties were combined. Mr. Costanzo stated that the use would be service related in nature. Mr. Costanzo responded to David Malik's concerns about traffic congestion by stating that at the time the 277th Street Corridor bypass is complete, a large majority of traffic will use the bypass and travel up to 116th, lessening the impacts on Kent Kangley and 104th Avenue. He stated that by providing a commercial development on 116th,people would have an additional option for their services other than Lake Meridian Market Place. Martin Durkan,Jr.,330 SW 43rd St.,Suite 357,Renton,WA stated that the four parcels of property would be best served by commercial development. Mr.Durkan said that an agreement exists with Village Properties for a cross access and cross parking easement. He stated that two accesses exist on 116th Street but believes that will be reduced to one access. Tent'Zimmerman MOVED and David Malik SECONDED a motion to close the public hearing. Motion carried. Ron Harmon voiced concern that no neighbors to the south of the development showed attended the hearing. Mr.Harmon stated that he was concerned about impacts to the neighbor to the east,He stated that his desire is to see adequate buffering for this neighbor as protection from noise, lighting and traffic. Mr.Harmon stated that he supports commercial development. Jon Johnson and Steve Dowell voiced support for commercial development on the property. Chair,Brad Bell stated that he strongly supports neighborhood commercial. He stated that he resides at .......... Land Use and Planning Board Minutes December 14, 1998 Page 5 Lake Meridian and by having commercial services on I I6th, would decrease traffic flow towards the other shopping centers. He reiterated safety concerns for the residents within the area and noted that the property is not suited for single family use. Mr. Bell stated that the developer would pick up the cost associated with increased traffic. He stated that he hoped the city, developer and property owner would work out an agreement that would benefit both the property owners, and homeowners. Sharon Woodford voiced her support for commercial development but voiced her impression that as the neighbors to the south had not attended the hearing; they must not be concerned with the development on this property. Terry Zimmerman supported staff's recommendation to deny rezoning the property to commercial. She stated that she empathizes with the neighbor to the east who is not in favor of this property being developed as a commercial site. Ms. Zimmerman voiced her concern that agreements would actually be implemented between the various property owners and would like to see the property developed jointly. David Malik voiced support to rezone the property for commercial. Ron Harmon reiterated his concern with the neighbor to the east and hopes that the Planning staff will take this into consideration. Ron Harmon MOVED and Sharon Woodford SECONDED a motion to recommend approval of CPA-98- `"'� ( 2 (D)/CPZ-98-4 Costanzo Amendment. Motion carried six to one. l CPA-984/SMP-98-1 SHORELINE MASTER PROGRAM Kevin O'Neill stated that this is an amendment to the Shoreline Master Program. He said that the City of Kent has had a Shoreline Master Program since 1974. He said that Kent's Shoreline Master Program is governed under the provisions of the Washington State Shoreline Management Act which was passed in 1971. The shoreline program regulates development within 200 feet of the ordinary high water mark of shorelines of the state. Mr. O'Neill stated that when the Shoreline Management Act was passed and when Kent developed its first shoreline master program,the only shoreline of statewide significance in the city was the Green River. Mr. O'Neill said that back in 1996, the city annexed two shorelines; Lake Meridian and a portion of Big Soos Creek from Kent Kangley Road to the southern portion of the city limits, which affects 10 parcels. Mr. O'Neill said that these shorelines are still regulated under King County's Shoreline Master Program. He said the City of Kent has been using the County's program on an interim basis since annexation,but has been aware of the need to update its shoreline master program to bring these two shorelines into Kent's shoreline program. Kevin O'Neill said that the other reason Kent has proceeded with updating its Shoreline Master Program is that back in 1995 the Washington State Legislature adopted the regulatory reform act or ESHB 1724, requiring that Kent change their regulatory procedures. He stated that the State law governing shorelines mandates that the goals and policies of the local shoreline master program become part of the city's comprehensive plan and that the regulatory portion of the shoreline master program be incorporated as part of the city's overall development regulations. Based on this law,the goals and policies in the shoreline program are now defacto part of Kent's comprehensive plan. Kevin O'Neill stated that Planning staff wanted to go through existing policies and ................... Kent City Council Meeting Date January 19, 1999 "—' Category Other Business 1 . SUBJECT: SHORELINE MASTER PROGRAM CPA-98-A/SMP-98-1 2 . SUl+IIdARY STATEN The Land Use and Planning Board held a public hearing on December 14, 1998, to consider amendments to the Kent Shoreline Master Program and Comprehensive Plan goals and policies relating to shoreline management. The Board recommends adoption of the revised Kent Shoreline Master Program, dated December 14 , 1998, with amendments . 3 . EXHIBITS: Staff memo, memo from Kevin O'Neill to the Land Use and Planning Board dated 12/14/98, draft Shoreline Master Program dated 12/14/98 & minutes from the 12/14/98 Land Use and Planning Board public hearing 4 . RECOM LIMED BY: Land Use and Planning Board (Committee, Staff, Examiner, Commission, etc . ) 5 . UNBUD(�ETED FISCAL/PERSONNEL IMPACT• NO X YES 6 . EXPENDITURE REOUIRED: $ SOURCE OF FUNDS: 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds to approve/modify/deny the Land Use and Planning Board recommendation of revisions to the Comprehensive Plan and Shoreline Master Program, and submit the revised Shoreline Master Program to the State Department of Ecology. DISCUSSION: ACTION: Council Agenda Item No. 7D CITY or MO i Jim White, Mayor Planning epartment (253) 859-3390/Fax (253) 850-2544 James P. Harris, Planning Director CITY OF KENT PLANNING DEPARTMENT (206) 859-3390 MEMORANDUM JANUARY 19, 1999 MEMO TO: MAYOR JIM WHITE AND CITY,COUNCIL MEMBERS FROM: KEVIN O'NEILL, SENIOR PLANNER SUBJECT: #CPA-98-4/#SMP-98-1 REVISIONS TO THE KENT SHORELINE MASTER PROGRAM SUMMARY Attached for your review and consideration is a draft of the revised Kent Shoreline Master Program (SMP). The revision to the SMP, dated December 14, 1998, was considered by the Land Use and Planning Board at a public hearing on December 14, and the Board recommended adoption of the revised SMP with amendments, which will be discussed below. The minutes of the December 14 public A"")hearing are also attached for your reference. BACKGROUND The update to the SMP is being done under the provisions of the Washington State Shoreline Management Act (RCW 90.58) with the assistance from a grant from the Washington State Department of Ecology (DOE). The City has hired a consulting firm, Berryman and Henigar, to assist us with the update of the SMP. City staff and consultants worked over the spring and summer with a citizens advisory committee, who provided a great deal of assistance in providing policy direction for the revised document. Open houses were also held over the summer relating to shoreline issues on Lake Meridian and the Green River. The SMP is being revised to reflect the City's annexation of Lake Meridian and a portion of Big Soos Creek, which are both considered "shorelines of the state", and are currently being regulated under King County's Shoreline Master Program. Portions of the Green River, which is a shoreline of statewide significance, have also been annexed in recent years. In addition, the Regulatory Reform Act (ESHB 1724), adopted in 1995, states that the goals and policies of shoreline master programs are part of a jurisdiction's comprehensive plan. Since staff and the Land Use Board are proposing revisions to the goals and policies of the SMP (found in Section 4 of the document), this revision will also result in an amendment to the City's comprehensive plan. It is important to note that under the provisions of the Shoreline Management Act and the City's grant with the Department of Ecology, once the draft SMP is locally adopted by the City Council, it will be ,forwarded to DOE for their review. Based on their review, DOE may recommend that amendments be made to the locally adopted version. If this is the case, these will be brought back to the City Council for your deliberation at a future date prior to adoption of the final ordinance. 2204th AVENUE SOUTH I KENT.WASHINGTON 98032-5895/TELEPHONE (253)859-3300 #CPA-98-4/#SMP-98-1 Revisions to Kent Shoreline Master Program Page 2 AMENDMENTS PROPOSED BY THE LAND USE AND PLANNING BOARD As stated above, the Land Use and Planning Board is recommending that the City Council adopt a revised Shoreline Master Program dated December 14, 1998,with the following amendments: 1. Section 6.9 of the draft master program lays out development standards for overwater structures, such as docks and piers. The staff proposal recommended that piers, floats, etc, would need to be placed at least 15 feet from the side property line, which is consistent with the King County SMP (see page 10 of Section 6). The Board is recommending that this setback be reduced to five(5) feet. 2. With regard to covered moorage, the draft SMP contains two alternatives on pages 10 and 11 of Section 6. When Lake Meridian was annexed to the City, the King County SMP did not permit any covered moorages, as outlined in the alternative shown as subsection (q on the top of page 11. In late 1997, the County amended their master program to allow mechanical boat lift covers as shown in the alternative outlined in subsection (g) on page 11. After considering public testimony, the Land Use Board is recommending adoption of subsection (t), which would not allow covered moorage. 3. There was much testimony at the Land Use Board hearing relating to nonconforming uses and structures. For purposes of shoreline management, the Washington Administrative Code (WAC) allows nonconforming development to be maintained and repaired. With regard to replacement of damaged nonconforming development, the WACs state that damaged nonconforming development can be reconstructed if it is damaged up to 75 percent of the replacement cost of the original development. The Land Use Board is recommending that this threshold be increased from 75 r' percent to 100 percent. Staff from DOE has noted that the nonconforming threshold of 75 percent is a guideline that can be changed locally, thus this recommendation would be permissible. 4. The Land Use Board recommended that staff look at definitions for overwater structures, in that there was some confusion as to the terminology relating to some terms, particularly "docks" and "piers". The WACs provide a definition of"dock", which is shown on page 5 of Section 2 of the draft SMP. However, much of the existing King County SW language which is found in Section 6 uses the term "pier". It is intended that these terms be interchangeable for purposes of shoreline administration. Therefore, staff recommends that the definitions of"dock" and "pier" be combined to make this clear. It should be noted that these terms are defined jointly in King County's SMP. 5. Section 3 of the draft SMP outlines environmental designations for the three shoreline environments in Kent. The Green River is proposed to be designated as "Urban-River Resource". This designation is proposed to apply to the portion of the river that is within the present city limits and also to the portion within the City's potential annexation area(PAA). The Board recommended that the map of the Green River shoreline environment shown in Exhibit A be amended to shown the shoreline environmental designation of"Urban-River Resource" applying to the entire portion of the river within the PAA. In addition to these amendments proposed by the Land Use and Planning Board, the Department of Ecology has raised concerns about the way which the draft SMP references wetlands in Section 5.6 of the draft SMP. This section is proposed for revision based on the City's adoption of a wetlands ordinance, pursuant to the provisions of the Growth Management Act, in 1993. The intent is that the City's existing wetlands provisions should be used for purposes of administering wetlands protection in the shoreline environment as well. In order to clarify this intent, staff is recommending that the following statement be put in Section 5.6,replacing the proposed language: #CPA-98-4/#SMP-98-1 Revisions to Kent Shoreline Master Program Page 3 11..�. Io 1993 the City adopted a wetlands management ordinance. pursuant to the requirements of RCW 36.70A.060 as adopted in the Growth Mannensent Act (GMA) In so doing, the City established a new Chapter 11 05 which outlines dellnesdw methodologies for wetlands and regulations to protect them The definition of"wetland" in Section 11,05.020 is consistent witb the definition of wetland found in the GMA (RCW 36 70A.O3.0(20)). For purposes of shoreline management, the definition of "wetland" found in WAC 173-22-030(19) is consistent with the GMA definition Therefore the City's definition of"w " and regulations found in Cba tamer 11.05 are consistent with the definitions of wetlands in the SMA and GMA, will be used to manage and regulate wetlands in the shoreline jurisdiction as well as the rest of the city. CONCLUSION It is recommended that the City Council adopt the draft revised shoreline master program and comprehensive plan amendment dated December 14, 1998, with the following amendments recommended by the Land Use and Planning Board and Planning Department staff: • Amend the side yard setback for overwater structures from fifteen (15) feet to five (5) feet • Do not allow covered piers, floats, or moorages waterward of the ordinary high water mark of Lake Meridian • Amend the threshold for replacing damaged nonconforming development from seventy five (75) percent of the cost of the replacement value to one hundred (100)percent of the replacement value • Amend the definition of"dock"in Section 2 to include the term"pier" • Amend the map of the Green River in Appendix A to include the environmental designation of "Urban-River Resource" for the entire Potential Annexation Area • Amend the language in the wetlands section(Section 5.6) Staff and consultants will be available at the January 19 City Council meeting to present the revised SMP and answer questions. If you have any questions prior to the meeting,please call me at 850-4799. KON:pm smpccmem.doc Attachments cc: James P. Harris,Planning Director Fred Satterstrom,Planning Manager Nancy Eklund,Berryman and Henigar CITY or L4]t:l�SV� Jim White, Mayor planning Department (253) 859-3390/FAX(253) 850-2544 James P. Harris, Planning Director CITY OF KENT PLANNING DEPARTMENT (253) 859-3390 MEMORANDUM DECEMBER 14, 1998 MEMO TO: BRAD BELL, CHAIR, AND MEMBERS OF THE LAND USE AND PLANNING BOARD . FROM: KEVIN O'NEILL, SENIOR PLANNER SUBJECT: #CPA-98-4/#SMP-98-1 REVISIONS TO THE KENT SHORELINE MASTER PROGRAM Attached for your review is a draft of the revised Kent Shoreline Master Program (SMP). The revision to the SMP was discussed with the Land Use and Planning Board at workshops conducted on October 12 and October 26, 1998, and at the latter meeting the Board elected to conduct a public hearing on December 14. The update to the SMP is being done under the provisions of the Washington State Shoreline Management Act (RCW 90.58) with the assistance of a grant from the Washington State Department of Ecology (DOE). The City has-hired a consulting firm, Berryman and Henigar, to assist us with the update of the SMP. City staff and consultants worked over the spring and summer with a Citizens Advisory Committee, who provided a great deal of assistance in policy direction for the revised document. Open houses were also held over the summer relating to shoreline issues on Lake Meridian and the Green River. The SMP is being revised to reflect the City's annexation of Lake Meridian and a portion of Big Soos Creek, which are both considered "shorelines of the state", and are currently being regulated under King County's Shoreline Master Program. Portions of the Green River, which is a shoreline of statewide significance, have also been annexed in recent years. In addition, the Regulatory Reform Act (ESHB 1724), adopted in 1995, states that the goals and policies of shoreline master programs are part of a jurisdiction's comprehensive plan. Since we are proposing revisions to the goals and policies of the SMP (found in Section 4 of the document), this revision will also result in an amendment to the City's comprehensive plan, and is being -� advertised as such. 220 4th AVENUE SOUTH 1 KENT.WASHINGTON 4101132.54v51 TELEPHONE (253)854.3300 ........... Shoreline Master Program Revision Memo #CPA-98-4/#SMP-98-1 December 14, 1998 Page 2 It should be noted that in November, late in the process of amending the shoreline master program, the City was notified by the Department of Ecology that a small portion of Springbrook Creek in the north end of Kent was a shoreline of the state, based on the mean annual flow of water which had been recently measured for the creek. The Washington Administrative Code has not at this point been updated to reflect this portion of Springbrook Creek as a shoreline. Given the late notice of this, and that an update to include Springbrook Creek was not part of any of the public process that has occurred to date on the project, the City and DOE have agreed to not reflect this in this update of the SNP, but will instead incorporate Springbrook in a subsequent update to the document. The draft revised shoreline master program consists of the following sections: 1.0Introduction: This section outlines the purpose of the SNP, and describes the water bodies that are regulated under the SNP 2.0 Definitions This section defines terms which are used throughout the SMP. Many of the definitions used in shoreline master programs are provided by the Washington Administration Code (WACs) 3.0 Environments This section outlines broad environmental designations for the ... applicable shoreline areas in Kent. Given that Kent is an incorporated city and is part of King County's urban growth area under the Growth Management Act, all of Kent's proposed shoreline designations are urban 4.0 Shoreline Elements This section contains goals and policies that relate to how shoreline areas will be protected in Kent. These goals and policies, once adopted, will become part of the City's comprehensive plan. The goals and policies are organized into different sections, called elements, which are outlined in the Shoreline Management Act. 5.0 General Standards This section outlines performance standards that are regulatory in nature, and apply to all activities and. uses within the shoreline areas of Kent. This section includes a new set of standards that relate to protection of salmon habitats, which has been drafted in anticipation of a listing of the Chinook salmon under the Endangered Species Act 6.0 Specific Use Standards This section regulates specific uses along the shoreline, such as agricultural uses, commercial and industrial uses, and residential uses. This section contains many provisions from the King County SMP relating to the regulation of overwater structures such as docks, piers, floats, etc. Shoreline Master Program Revision Memo #CPA-98-4/#SMP-98-1 December 14, 1998 Page 3 ..� 7.0 Administration This section outlines how the shoreline master program is administered at the local level. Administration of shoreline master programs must follow the requirements of the both the Regulatory Reform Act and the Shoreline Management Act 8.0 Enforcement This section outlines enforcement procedures when violations to the SMP occur. Again, most of these enforcement provisions are mandated by the state Shoreline Management Act. Staff and consultants will be available at the December 14 public hearing to present the revised SMP and answer questions. If you have any questions prior to the hearing, please call me at 850- 4799. KO\znw1P:\PUBLICISMPLUBME.DOC cc: James P. Harris,Planning Director Fred Satterstrom,Planning Manager Nancy Eklund,Berryman and Henigar CITY OF KENT SHORELINE MASTER PROGRAM DRAFT The preparation of this report was financially aided through a grant from the Washington State Department of Ecology with funds obtained from the National Oceanic and Atmospheric Administration, and appropriated for Section 306 of the Coastal Zone Management Act of 1972. u Prepared by: City of Kent Planning Department 220-4th Avenue South Kent, Washington 98032 Berryman&Henigar 1215 4t'Avenue, Suite 1400 Seattle, Washington 98106 `✓ December 14, 1998 ......... . Kent Shoreline Master Program • TABLE OF CONTENTS 1.0 INTRODUCTION 1.1 The Shoreline Master Program ...........................................................................................1 1.2 Content Overview................................................................................................................2 1.3 Shoreline Resources in Kent................................................................................................2 1.4 The Role of the Shoreline Master Prog= in Habitat Protection 3 1.5 Ameeieted Resewees 1.5 Relationship of this Shoreline Master Program to Other Plans and Regulations ...............5 1.6 Title .....................................................................................................................................5 2.0 DEFINITIONS 3.0 ENVIRONMENTS 3.2 R ew 3-3- �..✓ 3.1 Urban -River Resource ......................................................................................................3 3.2 Urban - Lake Residential ....................................................................................................3 3.3 Urban- Stream Corridor ...................................................................:.................................4 4.0 SHORELINE ELEMENTS 4.1 Shoreline Use i 4.2.1 Economic Development .......................................................................................4 4.23 Public Access Element ........................................................................................................6 443 Circulation Elemettt.............................................................................................................7 4.45 Recreation Elemem .............................................................................................................9 4.5 Shoreline Use 91emeR 4.6 Conservation Elem .......................................................................................................11 4.7 Historical/Cultural Rlem ..............................................................................................14 4.8 Flood Control 1!slemertt ......................................................................................................15 5.0 GENERAL PERFORMANCE STANDARDS 5.1 Shorelines of Statewide Significance ..................................................................................1 5.2 Archaeological and Historic Resources ..............................................................................3 5.3 Clearing and Grading ..........................................................................................................4 5.4 Environmental Impacts .......................................................................................................4 DRAFT-Kent SAAR Table of Contents i 12114198 V Kent Shoreline Master Program 5.5 Environmentally Sensitive Areas 5.6 Mambes,Begs and Swamp Wetlan ...............................................................................6 5.7 Salmon and Steelhead Habitat 8 51; Public Access ....................................................................................................................12 5.29 View Protection ................................................................................................................13 5.iQ& Other Standards .................................................................................................................13 6.0 SPECIFIC SHORELINE USE POLICIES AND PERFORMANCE STANDARDS 6.1 Agriculture ..........................................................................................................................1 6.2 Aquaculture .........................................................................................................................2 6.3 Boating Facilities (Marinas) ...............................................................................................2 644 Commercial Development ..................................................................................................1 6.45 Dredging .............................................................................................................................4 6.--'% Industrial Facilities ..............................................................................................................5 6.462 Landfill ................................................................................................................................5 6a 6.8 Mining .................................................................................................................................1 6.9 Overwater Structures• Pier.Docks, Floats, Buoys 7 6.9n Parking Facilities ..............................................................................................................0 6.11 Recreational Facilities 18 6.12 Residential Development 0 6.13 Shoreline Stabilization 22 6.14 Signs 7 6.16 Transportation Facilities ...................................................................................................29 6.1-7¢ Utilities 0 7.0 ADMINISTRATION 7.1 Purpose ................................................................................................................................1 7.2 Substantial Development ....................................................................................................1 7.3 Exemptions .........................................................................................................................1 7.4 Permit Process .....................................................................................................................5 7.5 Appeals ................................................................................................................................8 7.6 Variance Permits .................................................................................................................8 7.7 Conditional Use Permits ...................................................................................................10 7.8 Nonconforming Development ..........................................................................................11 7.9 Amendments to The Master Program ...............................................................................11 7.10 Severability .......................................................................................................................11 11 DRAFT—Kent SMP.Table of Contents 121WQ8 Kent Shoreline Master Program 8.0 ENFORCEMENT 8.1 Violations ...........................................................................................................................1 8.2 Duty to Enforce ...................................................................................................................1 8.3 Investigation and Notice of Violation .................................................................................2 8.4 Effective Date .....................................................................................................................3 8.5 Time to Comply ..................................................................................................................3 8.6 Cease and Desist Work Order .............................................................................................3 8.7 Emergency Order ................................................................................................................4 8.8 Review of Penalty by The Administrator ...........................................................................4 8.9 Extension of Compliance Date ...........................................................................................5 8.10 Appeal of Civil Penalty .......................................................................................................5 8.11 Civil Penalty .......................................................................................................................5 8.12 Criminal Penalties ...............................................................................................................6 8.13 Additional Relief.................................................................................................................6 APPENDIX A u' DRAFT-Kent SMP: Table of Contents m 12114198 Kent Shoreline Master Program This page is intentionally blank. iv DRAFT-Kent SMP:TaWe o1 Contents 12114198 INIIIII .... Kent Shoreline Master Program 1.0 INTRODUCTION 1.1 THE SHORELINE MASTER PROGRAM The Shoreline Management Act(Ch. 90.58 RCW)provides for the management and protection of the state's shoreline resources by planning for reasonable and appropriate uses. The Act sets up a joint planning effort by state and local governments, and imposes on local governments the responsibility to develop and implement a local Shoreline Master Program-LM Pl. This document is the Shoreline Master Program for the City of Kent. The goals,policies, and regulations in this program apply to activities in all lands and waters within the City of Kent which are under the jurisdiction of the Shoreline Management Act. All proposed uses and activities within the shoreline jurisdiction(including activities that are exempt from substantial development permit requirements) should be reviewed for compliance with the goals, general and specific policies, and use regulations found in the Program. The Shoreline Master Program must be applied consistently with state law and regulations. Users of the program should consult the State Shoreline Management Act (Chapter 90.58 RCW), and the sections of the Washington Administrative Code related to the Act, since these contain requirements that may apply to shoreline activity,regardless of whether the requirements are contained in the Master-Pfegretz3SMP• Users should also be aware of other applicable federal, state and local laws that may apply to activities within the shoreline. Regulatory Reform In 1995 the Washington State Legislature sought to siMplify and streamline the development gn,.ess for developers and local government by introducing various measures aimed at regulatorv_reform, As a part of that effort; the Leaisla= amoded RCW 36.70A.480 to require that the goals and policies of local_ SMPs be int„e&Wcd into local GMA commrehensive 910- including Critical Area Qrdinances L AOsI In addition rem+lations for these various documents should be reviewed along with goals andlwlicies to ensure flud the;+are consistent with one another. The clarification of these local regulati�c_ogp>ad with the consolidating of various Renr►it processes into one single review=cess is intended to improve the time required for permit processing,the consistency of the review, and all part1Ps' understanding of the regulations and their respective pumoses. Kent Shoreline Jurisdiction As defined in The 'Shoreline Manag ent Art the Kent SUP governs streams with a mean annual flow of 20 cubic feet=second or more: takes gm9K than 20 acres in sizes all shorelands: all associated wetlaWs within the City of ent and its urban grn harea. The area of shoreline jurisdiction extend_,landward two h>gdmd(2QW feet in all directions of the ordinar; high water mark or floodway- which ever ism P= of the water body. DRAFT-Kent SMP:Section 1.0 -Introduction 1 12114198 Kent Shoreline Master Program theoght ef as wedapAs),Fiver-deltas, fleedw"and fleedruilm assesialed V#CM Bush lake recogruizes certain 1 rgr Hater bodies as having gnter significance to the entire sate and places a1h'gher standard on their manggement. Lakeq exceeding 1 000 acres in size and rivers (in western Washington) exceeriina 1-000 cubic feet pa jerroa in mean annual flow are considered "shorelines of statewide sianificance." Flow daa for the Gram River show that the Green Rver in Kent exceeds this threshold Qnalifyyngit as a shoreline of statewide significance. 1.2 CONTENT OVERVIEW Section 2.0 of this Program contains the definitions that apply throughout the Program,unless otherwise indicated by context. The different Environment designations, and the policies and guidelines for each Environment, are described in Section 3.0. The Shoreline Goals. as expressed in the eight Elements of the Program are found in Section 4.0; the elements consist of general goals ,ebjeetives and policies that apply to all activities within the shoreline jurisdiction. General Performance Standards are contained in Section 5.0 and-Specific Use Policies and Performance Standards are included in Section 6.0. Section 7.0,Administration, describes the process for issuing substantial development permits, conditional uses and variances, and the appeals process for such permits. Section 8.0 ixekwle&-describes the enforcement process. 1.3 SHORELINE RESOURCES IN KENT The i f Kent has three "shorelines of the state"that am +TM+tWAW under the Shoreline *Management Act: the Cc=River-which is also desisted as a"shoreline of statewide significance: Lake Mcnidian_ annexed in 1996_and a small seMent of Big Soos Creek downstream from Kent-KanoRoad(Sate Route 516) These shorelines represent a significant recreational and aesthetic resource for the City- as well as Provide a rich natural environment alld habitat area. Kent's shoreline jurisdiction is depicted in the mar s in Appendix A. The Green River The Green River is the most visible shoreline resource in Kent. The river has always been a focal point for inhabitants of the Green River Valley. Prior to white settlement of the area,tribes and bands of the Coast Salish people traveled the river in cedar canoes. Native villages were located along the river and its reaches, and the river basin provided plentiful resources in the form of fish,waterfowl,mammals,roots and berries. Winter villages dotted the river's shoreline, with houses of cedar bark. When white settlers arrived,they also utilized the river as a road through the densely-vegetated valley, and laid claim to the land along the river's shores. Thar 2 DRAFT—Kent SMP:Section 1.0 -Introduction 12114198 xxxx.o. Kent Shoreline Master Program Green River is regionallygygnificant due to its fi*rtion as a snag stw= and habitat for ,Chinook, coho. and chum salmon, and sea-nun cutthroat and steLhead trout. The fiver has a very gentle slope(less than 0. 1 %)and the adjacent soils are of high quality for agricultural and recreational uses and poor for industrial and urban sites. Most of the River has been diked or riprapped and the resultant steep banks allow for few beaches except at low water. Water flow averages 6,500 cubic feet per second (cfs) in the winter,speak flows exceeding 12,000 cfs, ,depending upon regulation of the Howard Hanson Reservoir upstream. Mummer low flows averagt i=than 1 '700 cfs. with flows as low as 81 cfs. en i Om the regulation of the City_of Tacoma heeadwarke fa6lity.l The river provides habitat for a variety of mammals,birds,reptiles,amphibians, and fish. Most of the trees have been logged,but some deciduous and coniferous trees remain along the shoreline, and a variety of shrubs and grasses line the entire shore. Lake Meridian i ake Meridian, a 150 acre lake,is a v luable water resource for fish and wildlife, It has been developed as a puma ily residential lakefront community Like Meridian Park is located at the southeast end of the Lake, laong with a boat launn-h gp=lad by the State Department of Fish and Wildlife The lake offers active recreational om+.Minities such as pleasure boating.water- skiing. swimming- and fishing, as well as pro i ing a location for float planes to land and take QM Big Soos Creek The section of Big Soos Creek that is rem elated unda the Shoreline Management Act based on its flow characteristics is located south of Kent Kanglev RaW in southeast Kent This short Man of creek is flanked by resider i 1 uses on relatively 1 lots- Big Soos is also habitat for Chinook and coho salmon a*>d stel h ad and cu hmg trout The portion of Big Soos Creek to the north of the shoreline u=ent finctions as a li_near_;ark Soos Creek is the eastern boundary of Kent's Potential annexation Area(mi). 14 THE ROLE OF THE SHORELINE MASTER PROGRAM IN HABITAT PROTECTION It is important to recognize that the one of the midn pt of the Shoreline Managcm= Program is to protect,priam and restore fish and x Liife habitats in and aWarpart to streams. rivers. and lakes within the City of Kent. In addition it is ma tal y i�o=to recognize that the aQuatic resources protected by the master=gran± and their riparian gee are at the receiving end of the watersheds within which They are located. To ensure the protection of habitat for salmon steelhead and other aQuatic Vecieq policies and reglilations ui i g the management of the shoreline areas must be consistent and c=Vlimznt=to other watershed-based managemen practices. 1 Water Resources Data Washington Water Year 1996 Us ricolopical survey,Water Data Report WA 96-1•USGS Tacoma Wash. 1997. 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IMF e / - • - e 1 - II 1 It: • . 1 e -1 . . ..' 1 : 1 - 1 1.• �1-'1•• 1 / e M1411"114 -one IMIMPIRIPIr To 1 1 I e ..ti 1 1 I .�1 • ,/1 . 1 e 11 : I - >1 a �. e ♦ :11 1 I - 1 - 1/ ,. =1 � e '1 C• 11 �I 1 • _11 1 11 - • - 1 ll •. .� LN 'JY 11 Kent Shoreline Master Program This page is intentionally blank. 6 DRAFT—Kent SMP:Section 1.0 -Introduction 12114198 Kent Shoreline Master Program ' 2.0 DEFINITIONS The following definitions apply throughout this Program, unless otherwise indicated. Accessory Use or Accessory S ructure Any structure or portion of a structure or use incidental and subordinate to a primary use or development. Accessory Dw 1e tin$U tt An accessory dv� ling unit ,A1, i is a habitable dwelling unit ad to created within, or detached from and on the same lot with a single family dwelling that provides basic requirements for riving s. _l_eeping eating cooking. and s_ n nation. Accretion The growth of a beach by the addition of material trap$ported by wind an &water. Includare ed such rms as barrier beaches,points; ssnit:.hooks and tombol_os. Act The Shoreline Management Act of 1971. as amended(Chapter 90.58 RCW). Adiacent Lands w Lands adjacent to the shorelines of The state(outside of shoreline jurisdiction), The SMA directs local governments to devejW land use controls i.e.. zoning, Comnrehensive planning) for such lands consistent with the policies of the qMA related rules and the local shoreline master programs(see Chapter 90,58.340 RCWI. Administrator The Kent Planning Director, or his/her designee,char¢ed with the resnnnsibili of administerin¢ the shoreline master program. Agriculture [Replaced by Section 15.02.010 of the Kent City Code.] Agricultural use means land primarily devoted to the commercial production tion of horticultural. vitcultural fioricuitural,dairy- apiaa- vegetable or animal =ducts or of berries_.Vim_hay, straw,turf seed- Christmas trees not WWect to the excise taY imposed by RCW 84,33,100 through 84.33.140. fin_fish in=land hatcheries or livestock and that has been in lone-term DRAFT-Kent SMP.Section 2.0-Definitions 1 12114198 • 11 11 � •�! 1 1 • : '�1 4 Y. . •1 . 1 • 1 / •1.1 • 1 11 a I • •.Y• II • 1111 =J 1 •• • 1 • 11 1 / - 1 11 !.. Idr y- 11 :;. :�1 ! �. l • 1 • : 1 ► I 1 1 II I 1 " 1 , 11 • 1 . 1 1 - - •• 11 1 1 :}. 1 � a 7/ =11,1 : - / . l • 1 1 1 ' - , 11 - L.r1 • 1 - 1 r a •. 11 1 " . p • . 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I • - I • 1 . 1 ' rN �. �1 r 1 1 11 • 1 - 11r1 I is 1 • • -• 1 . 1 . /is : 9 -O 151 1 r . sT1 U7,477ill• • • . 1 11 . l : I1 • . 1. .. - 1 11 1 • •• 1 Il 81 1 • 1 • .: 9 1 ,d• :.yr 1 •,I • .r II �1 • ali 1 1 ' 1 . y �11 • • - • 1 • . 11 1 l V 1 r 1 11,: e. 1 r 1 • 11 " - 1 11 11 •. 1 �I . 1 . � • I . 1 •..11 •• 11 • r .. • 1 • .•r a.dll ..• I,r< l - • a N / • 1 • • • M. BiTiMiTiqMGM= i . i -�f` 1 1 / O IR l 1.1 1 • IM • • - . • �S - 1 11 • ..r - . - i • • Q Illl . .•. 9 !f 1 • i I • 1 • • 1 ..11 I - _ • • rr • -• r • I • �r • • - • • 1 - - • : r . 1 1 • i • 1 11 •. 1 I al 1 t 1 • 11 1 '�r',1 • i - 1 1 - 1 • 1 ToldliMMeTsTro o MI 1 • - • • - . - . I.. 1_ ' • - I ' RIM, . -,. • .. - . . 11. 1 / - • 1I • 11 . + 11 •-. ,. • - I - 1 / • 1 • - 1 1 1 • • 1 11 - 1 • 1 • , 1 - . • 1 1 •11 • Il 111 - 1 • I I: Kent Shoreline Master Program lRuoys are floating dew sea anchored to a lake or river bottom Led for navigational nurnnses or moorage. (see also Mooring Buoy) annel Ate_ n gpen conduit for water either naturally or artificially cmajal but does not include artificially created irrigation,return flow, or stockwatering channels See also Stream. Channel Improvement Enlargement of a natural stream's discharge capacity by means of straightening, making "cutoffs", cleaning vegetation,widening,or deepening, and thereby decreasing flood stages. Circulation Those means of transportation which carry passengers or goods to, from, over, or along a corridor. The desJ action or removal of vegetation ound over shrubs and trees including but not limited to root material removal and/or topsoil removal. Covered Moorage Boat moorage,with or without walls that has a roof to protect the vessel_. Commercial Development Commercial developments are those uses which are involved in wholesale and retail trade or business activities. Community Structure A building,dock, or other structure which .s in ed for the common use of the residents of a paz�c lar s•Uvision or community. It is not intended to serve as a pub is facility. Comprehensive Plan Compnhensive plan means the document inc lu ing maps- a fitted by city council w ich outlines the City'goals and Wicies relating to management of growth. and_p=ared in accoidance with Ch. 36 70A RCW The term also includes adopted subarea plans 12=ared in accordance with Ch. 36.70A RCW. Conditional Use A use, development, or substantial development which is classified as a conditional use or is not classified within the applicable master program. (WAC 173-27-030(4)) Seetien-3.0). Corridor A circulation right-of-way and the area immediately adjacent to it. 4 DRAFT-Kent SMP:Section 2.0-Dsfrnftns 121141'98 Kent Shoreline Master Program Degrad To scale down in desirability or salability,to i irk in respect to some physical Proaly or to reduce in structure or function. Development A use consisting of the construction or exterior alteration of structures; dredging; drilling; dumping; filling;removal of any sand, gravel, or minerals;bulkheading; driving of piling; placing of obstructions; or any other project of a permanent or temporary nature which interferes with the normal public use of the surface of the waters overlying lands subject to the Act at any state of water level=W 90.58.030(3d),). See also: Substantial Development, Dike An embankment to prevent flooding by a stream or other waterbody. lM Determination of Nonsimificance.under SEPA. Dock A dock is a floating 1 ndi g and moorag facility for commercial and pleasure watercraft which abuts the shoreline and does not include recreational decks, storage facilities- or other am=enances. See Pier. �r Downdrift The direction of movement of beach materials. Dredge Spoil or Dredge Material The material removed by dred�g. Dredging The removal of earth from the bottom or banks of a body of water for the purpose of deepening a navigational channel, obtaining bottom materials, or for flood control. Duplex One detached residential building con ailing two (2) dwelling units totally scparated from each other by a one-hour(1) fire wall or floor designed for ocoMancy by not more than two (2) families. Dwelling, Single-family See Single-family Residence. Dwelling,Mul ple-family Multiple-family devilling meny a residential building des_igoW for or occupied by th= (3)or more families- with the number of families in residence not exceeding the n=be of units provided. DRAFT-Kent SMP.Section 2.0-Definitions 5 12114198 Kent Shoreline Master Program Earth Material Any rock,natural soil or fill, and/or any combination thereof. Economic Development A development which provides a service,produces a good, retails a commodity, or engages in any other use of activity for the purpose of making financial gain. ElS Environmental_ fact Statement. Elements Major aspects of land and water use for which goals are written as part of a Shoreline Master Program. Emegenc_v An unanticipated and imminent threat to pjiblic health,cis fiy. or the environment which requires immediate action within a time too short to allow fidl compiiance with theater jLgam Emergency construction is construed narrowly as that which is necess=to pM=p=er_ty from the elements (R W 90.58.030( iii) and WAC 173-27-040(2d)). See also Substantial Development, section(c). Enhancement Alteration of an existing resource to improve or increase its characteristics and processes without degrajinQ other existing functions, Enhancements are to be disting Dished from resource creation ..: or restoration prgjects. Environments Designations given specific shoreline areas based on the existing development pattem, the biophysical capabilities and limitations, and the goals and aspirations of local citizenry, as part of a Master Program. Erosion The wearing away of land by the action of natural forces. Excavate A�y_p. ,on-made c cavity trench_ or diression in thc earth's surface.formed by earth removal. [WAC 296-155-6501 Exemption Certain specific developments as listed in WAC 173-27-040 are exempt fmm+the definition of substantial developments are therefore exempt from the substantial development permit=cess of the SMA. An activity that is exempt from Lhe substantial development jwvisions of the SMA mast still be carried out 'nt o=liance with policies ate:,!tapA�s of the Act Wd the local master program Conditional use and/or variance permits may also stili be required even thoughhthe activity does not need a substantial developmen Uermit(RCW 90.58.030(3e). 8 DRAFT-Kent SMP.Section 2.0-Definitions 12114198 - 11 \ • 1 1 ._ • - • 1 i•. Se , . l • . 'II I,I:.. +.a - •Hile,.11 li. /1 -.8 1 - 1 (� a 111 • • 1 - • 11 • • 1 - Y �.• - . Mlle I • 1 II \. 4tl 1 —1 .,illle 1 • I Ill /I 1 - \ 7.•.1 I 1 a - • 1 11 al r=1111 • 11. - � 1 - 1 an \ 1 \ / 1(Y 11 1; 1,. :11 . : l.j \J/,}I ef.. e,.J/i1 / tl,..:-,'.. 1 • 1 �. �111 • I • 1 1(I 11 • 11 e : 1 - ♦/ 1 1.�' • i \a ,( 11 1 N.i".I ltiel I,eJ IU,I11 1 • 1 y l V r �• �11 yl MOM I.q1 -• :e1,e •..( J;nll.-n 1. n :1 e.- .I 1. Y i+l ./ 1 1 •• . ,all)U I •.t. • 1 MY IIj• r111,11111 i >i.i Ill\ •.0 11M4 r,17W, \ I - ( I w11 &11 • - - \P111 1 • w 1 i• ,• 1e 1J1 I P 1 • I - •. 11 Its 9K: 11 I 1 1 M 11 7 • . 1 : ,•,I ! ! •11 ' - 1.�•11 �11 1,1 ' 1 1 • \ Ill/ �11 • ..,\,:;, I,\ (q!{ et- 1 1 tir '�1 ! e_y+,q.l,1;1! Y. 1.d/ll 1!]1 -11 . .. \ 111 yl \ IJ(\}I,•.�/. 1 / e,�. 1 I ,I�,e 1 .II 1 11 I • 11 /a� 1111 1 - 1 1 r. / I 1 - Q .Y � . 11 �+K 11 1 1 a - 1\ •P 11 �11 I :11 • 1 / 1 I 1 Ks �I - I 11 al • t O.\ /: 1 a - • 11 al • . all • 1(\ 11 1 .�1111 . H. - • 1 1 - Ole 1 1 1 .. l • I l•J r.• .\ 1 • 111 `fl 1• 1 • 1 1 91 Y. I 1 1 •.. • ' - 0 SIO JI a =1R1 -i l.1 • 1 - all I N \.I .I • - I e 11 �11 \ ,•� ' I - 11 It �11 11 •. 7.•. 1 • 1 I 1 • 1 • 1 - / • le • �111 \ �I / - - • 111 �1 1 �. � Il• vr• n 11 •. � ' - . I - - • 111=11 1 - • e.dl 11 . (. - . . . 1 - • / 1 I I 1 - • 1 ! 'I • 11 1 •- , 1 1 1 1 I l 1 • . •46, ,I.I a 1,1 it =11 1 T. • • Ile WPM 1 1 1 11 ' .411K. • 1 1 I Ml.• . - ., - / " - •J• 11 71 Il\ 11 .• • 1 1 . , 1 o I • 1 .,. end F1./d 11 01 -1 qll o • 1/ - 11:. 1 Y4• I.•.1 • 1 . , I 1 11:, 1 I =1f1 -... 1 : 1,1 1.U 1 •1 /1 1. • , 1 - - •111 - 1 le. 1 e - 1 - 11 3 - I I,• -.1 1_II - I • II � '.le 1 •: „ -.. 1 1 1 - \ 1 - - . 1 1 1 . e : -1 1 • . 1 1 11 \.I it , , . -,I • • , VI - - 1 1 1 =J 1• \ , a1 1 • . 1 1 1 . I 1 1 S Mi e 1 / . - 1 ............... Kent Shoreline Master Program Flood Control Any undertaking for the conveyance, control, and dispersal of flood waters caused by abnormally high direct precipitation or stream overflow. Floodplain A term synonymous with the hundred-year floodplain, meaning that land area susceptible to being inundated by stream derived waters with a one percent chance of being equaled or exceeded in any given year. The limit of this area shall be based upon flood ordinance regulation maps or a reasonable method which meets the objectives of the Shoreline Management Act. Floodw "Floodwe'mean,q the channel of a river or other watercourse and the adiacent land areas that must be reserved in order to discharge the base flood without cumulatively increasm¢the water surface elevation more than one foot Gabions Structures cg=se' of masses of racks rubble or masnnry held tigWy together usually by w re mesh so as to form blocks or walls. Sometimes used on heavy erosion areas to retard wave action or as foundations for breakwaters or jetties. Gr2din The gical manipulation of the earth's surface and/or drainne 12attem in preparation for an intended use or activity. Grassy Swale AA vegetated drainage channel that is defined to -)oll=ts from storm water runoff throu2h biofiltration. Groin A barrier-type structure extending from the backshore or stream bank into the A-water bDdy aer-ess the be-eh. The purpose of a groin is to interrupt sediment movement along the shore. A groin is also referred to as a Syr dike or rock weir. Habit >ltl The place or twe of site where a 121 nt or animal (rurally or normally lives and grows. Hearing Examiner. (Land Usel A person Mointed by theCity Administrator to conduct Rublic hearings on Mlications outlined in the City ordinance creating the Hearing Examiner- and who p=ares a record. findings of fact and conclusions on such applications. HW Thhe distance measured from the average grade level to the highest point of a s Icture•provided that television antennaschimnW and similar aMnrtenances shall not be used in calcul height, ex t•There it obstructs the view of a substantial number of residences on areas 8 DRAFT—Kent SMP.Section 2.0—Definitions 12114198 Kent Shoreline Master Program ad.jQjning such shorelines(or the master=gram= ides otherwisel• hat construction equipment is excluded in this calculation(WAG 173-27-030(91. See a1s4 Build ng He gbt. HPA-Hydra fle Praiect Approval. The permit issued by the Was ington State Department of Fish and Wildlife pursuant to the___ 4 Hydraulic Code Chapter 75,20.100-140 RCW. Hyddcoil cans soil that formed under conditions of sauu fi flooding. or pondin¢long enough duringaaaaon to develop er part jhcEchy influencing the Prowth of plants. In-kind Replacement To replace wetlands biota or other organisms with substitute flora or fauna whose characteristic& closely match those destroyed. displaced or de a� a d_tLy an activity. Lake A body of standing water in a depression of land or exnwdad nart of a river,including reservoirs.of twenty(20) acres or;eater in total area. A lake is bounded by the ordinary high water mark or where a stream enters a lake the extension of the elevation of the lake's ordlrtary high eater gnark within the stream (RCW 90 58 03 -030(9)). �✓ Landfill The placement of soil, sand,rock gravel or other material to create new land along the shoreline below the OHWM, or on upland areas in order to raise the elevation. Landscaping Vegetative ground cover including shrubs,trees, flower beds, grass, ivy and other similar plants and including tree bark and other materials which aid vegetative growth and maintenance. Levee A Igge dike or embankment- often which is designed as part of a system to=tect land from floods. Littoral Living on or occurring on.the shore. Littoral Drift The mud sand o;2Tavel material moved parallel to the shoreline in the nearshore zone by waves and currents. Marina A use providing moorages for pleasure craft which also may include boat launching facilities, storage, sales and other services. DRAFT-Kent SMP:Section 2.0-Definitions 9 12114198 Kent Shoreline Master Program [This section has been replaced by "Wetlands'] Master Program The comprehensive shoreline use plan for the City of Kent, and the use regulations,together with maps, diagrams, charts or other descriptive material and text, a statement of desired goals and standards developed in accordance with the policies enunciated in 90.58. Mining The removal of naturally occurring materials from the earth for commercial, industrial, or construction use. The process of avoiding- + i g,or co Ming for the environmental i_=act(s) of a Dr=sal See WAC 197-11-768, Mixed-use Development Development that combines water-dependent with water-enjoyment uses and/or nonwater- oriented uses. Moorage Any device or structure used to secure a vessel for temporary anchorage,but which is not attached to the vessels ch as a docks or buoys). Moorage Piles Structural members that are driven into the lake bed to serve as a etRtionary moorage poin�t_Thev are Wically used for moorage of small boats in the absence of,or instead of a dock or pier. Tn some cases.moorage piles may be associated with a dock or pier. Mooring Buov A floating_ogt iect anchored to the bottom of a water body that provides tie up capabilities for vessels. Multi-family or Multiple-family See Dwelling,M l Rle-fam lily Multiple-Use The combining of compatible uses within one development. 10 DRAFr-Kent SMP:Section 2.0-Definitions 12114198 �1 - 1 •. 1 1 •. V 1 1 . 1 / Mrs MTOM. 1,/ 7, •.t •I 1 • 1 1 / 1 i . 11 1 1 14! 1 - i • - 1 'I �d 11 • 1 11 =11 , =111 =11 1 / � ' 1 1 1 - \ 1 o 1 1 1 1 1 OO�tl 1 �i - ,l.• 11 t - +yi I } 1 11 -ir. 1 LI -,1 1,. 11 1 ` a .,1 . / n,'11 ET • 1 1 �1 1 / ./ 1 : 1 . ♦ :J 1 A 11 1 • `ill .jl f 1 •.�� 1 1 1 • � •�•♦1 • 1 r • . • ♦ 1 • • 1 ' • 1 1 • y •._ Y 1 • 1' 11 :z .f . p •a . 11 1 V I • 1 • 11 �11 .II1 -11 / • • _ • 1 ' 1 4 11 1 I 1 • - - 1 1 .. - • off \ 1 11 NO 711.7 1 �I• • 1 - - 1 1 z 1 " 1 • • 1 1 • 11 . 1 - . . 1 "• • 1 t • I 1 � �' � • .1 \ 1 IS � 1 � 1 1 1 • Ii 11 • 1 • 1 ' 11. - 1 L11 T • 1 /( _ it : • 1 -. 1 1 1 1 r 1 ' 1 • • 11 .. • / 1 - . 1 { 1 ' 1 • 11 1 �11 1 1 1 ! .1 1 11•• / 1 • 1 / t \ I 11 . 1 • • • - - • / 11 �}I • : yJ. .• 11 1,: 1 - / f •tl / `. ,1 1 . 1 • 1 ••I i • - / •1 •_1 / ' • 1 al : 1 _ y!a , 1 .'11 . 1 ••1l a'1 P t • / til :. yll 81 ♦ ! 1 yI 1 1 11 ' 1 1 �r' , • 1 - 1. • 1 ! • I • 1 • 111 •. y1 . ♦I 1 • 1. • i sit1 11 1 1 I I 1...=. • yl 1 • 1 • 1 �I 1{ - la 1 • 111 �1 l • , IV 11 1 - - 11 . 1 1 avr•:�.w••�Iv.�•a • y1 Mq- ♦ - I . 11 we In I IM 1 • - 1 - �11 / 111 II �,•. • . 1 - 1 • 1 - • 1 1 1 I I I 1 1 1 1 Kent Shoreline Master Program Open Space A land area allowing view, use or passage which is almost entirely unobstructed by buildings, paved areas,or other man-made structures. Ordinary High Water Mark "Ordinary high water mark" on all lakes, streams, and tidal water is that mark that will be found by examining the bed and banks and ascertaining where the presence and action of waters are so common and usual, and so long continued in all ordinary years, as to mark upon the soil a character distinct from that of the abutting upland, in respect to vegetation; as that condition exists on June 1, 1971 or as it may naturally change thereafter or as it may danyip thwaftmin accordance with permits imw2d b x a local oV ent or IbA dgs= t_ The following criteria .clarify this mark on those wa=within the City of Kent roar WAC 173-22-030(l I)- speoifical_ly. lakes, and streams: PRQMPED, ' 1. Lakes, Where the ordin=high water^f9tir c=ot he found it shall be the line of mean high water: and 2. Streams Where the ordinary high water m2rk cannot he found it shall be the line of mean high eater, For braided streams the or in=}high water mark is found on the b nk� -s forming the outer limits of the depression within which the braiding occurs, Over-water Structure Any device or structure projecting over the ordinary high water mark including.but not limited IQ piers docks' loats and moorage or anchor buoys. Parking Space or Parking Stall A parking space is any off-street space intended for the use of vehicular parking with ingress or egress to the space easily identifiable. Permit(or Shoreline Permit) Any substantial development,variance or conditional use permit, or revision, or my combination thereof, authorized by the Act. (WAC 173-27-030(13)) . Pier A general tafm ifiekiding desks afid sifflilaf AFM as Offimisfifig fixed, or. eating-piles sunqDjJcd_platform(picture) extending from the shore over the water. See Dock, Pollutant Any substance that has been or may be determined to cause or tend to cause injurious,corrupt, impure, or unclean conditions when discharged to surface water, air, ground, sanitary sewer system, or storm drainage system. 12 DR4F r-Kent SMP:Section 2.0-Definitions 12114198 Kent Shoreline Master Program Port A center for water-borne traffic. Practicable Alternative An alternative that is available and capable of being carried out after taking into consideration short-term and long-term cost_ options of project scale and ing, existing technology and logistics in light of overall erect poses, Public Access A means of physical approach to and along the shoreline available to the general public. This may also include visual approach. Public Interest The interest shared by the citizens of the state or commim4jy as large in the affairs of governmment- or some interest by which their rights or liaWlities are affected such as an effect on public property or on health safety or general welfare resulting from a use or development. [WAC 173-27-030f 1411 Railroad A surface linear passageway with tracks for train traffic. BC Revised Code of WashinglQn. Recreation The refreshment of body and mind through forms of play, amusement, or relaxation. The recreational experience may be active, such as boating, fishing, and swimming, or may be passive such as enjoying the natural beauty of the shoreline or its wildlife. Residential Development Development which is primarily devoted to or designed for use as a dwelling(,$). Restoration To revitalize or reestablish characteristics and processes of a wetland or habitat diminished or lost by past alterations. activities,or catastrophic events. . Retrieval Lines Asystem by which a float or other floating Oject is retrieved to a pier.dock, or shoreland. Revegetation The planting of vegetation to cover any land areas which have been disturbed during construction. This vegetation shall be maintained to insure its survival and shall be consistent with planting requirements of the Kent Landscape Code. DRAFT-Kent SMP.Section 2.0-Definitions 13 12114198 Kent Shoreline Master Program Revetment Facing of stone concrete etc.-built to protect a scam embankment-_ or shore structure at iaist erosion by waves of currents The principal features of a revetment are: 1)heM armor laver. 2) filer 1 er and , toe pmtection, Rukariu Of, on. or pertaining to the banks of a river. Riprap A laver, facing. or protective mound of g -stone planed on shoulders, slopes, or other such places to protect them from erosion, scour, or sloughing of a structure or embankment; also. the stone so used. Riverfront Lot Any lot or land parcel which is adjacent to the Green River, a scenic and recreation road/drive, a riverfront road or a riverfront park. Riverfront Park(Green River) A publicly-owned open space which lies along the Green River, along a scenic and recreational road/drive, or along a riverfiont road. Riverfront Road(Green River) A public street or road which lies alongside the Green River and which has no major development between it and the river. Road,and Road.Scenic A linear passageway, usually for motor vehicles. Scenic and recreational roads/drives; 1. Frager Road throughout its length within the City of Kent. 2. Russell Road from the eastern end of the proposed Russell Woods Park as designated in the Green River Corridor Plan north to the point where it leaves the River. (approximately at 200th Street). Rock weir A structure made of loose rock that is designed to con_ggi sediment movement,water flow. or both_ A rock weir educe-,t to a shoreline is tvn�c_ally formed by placing rock in a line outward from the shore with the Wp of the rock embankment below for water level to restrict current movements parallel to the shore without completely blocidniz flow. Water that is not absorbed into the soil but rather flows along the;'o»nd surface following the tones hv. 14 DRAFT-Kent SMP.Section 2.0-Definitions 12114198 Ir1I T 77 - I 0 M It IY• - 1 • 1 • 11 i1 1 - • tl tl oil ! =1 '-:• • 1!1 JI I 1 - : 11 l-i ! aF 1 - / I 1 1 . 1 • - . 1 1 : ;no • ....,1 I ' I ,• . 1 1 - ( I(• 11 • •_. f F •. 11 I 1 . 111II 11 IF aF .,ro I ' ! 1.1 S : (- • \. �! 1.4•. -,1 11 y • 1 • p • • 1 • •.• 1 -;1 • ! i I• •y- 1 1 • .. 1 • ( • - 1 • 11 1 1 • F •. 11 R611 11 IR 1 03 .' III .•• ar 1 • 1 - • 1 • 1 • • •. 'f( • 1 • 1 - • - i •• 1 1 -1/ :I . 1 • 1 • 411 ' I I • • /1 / ojloim 1 1 - : 1 1_d l 1 \ I • l• .:.. - 'J I 1 : 1 : / -1 F - II I• • 1 1 -reW. IN• 1 - !- / ••)1M.T.7,T 0 11. S 7711 -./ 1 1 1 II 1• •-�1IT • 1 1 111 r • 11 • 1 • 1• / 1 1 - . 1 - - `I191 r 1 • -11111 -J1 -J1 14a • • 1 ' 1 - 1 • 1N - 1 a H • - - 1191 -• ".• : 1 -A- I 1 I IVIW11 ! i 1 , •1 • . 11 - 001111-411VIOZOVW,106 1 \. • I 11 t / 1.1 -1 i 1 1' 1 • 1 : 11 q I I 1 Im .. 1 - 1 • II i - • 1. 1< \ 1 1 . - 11 •.1, 1 1 1 •. i . f.• ,77W Ilife: 1 • , 1 \, • 1 _1 • - 1 1�1 - 1 • 11 1 i •,•.M , 1 1 , 1 1 . < 1.1 ! 1 ' • -.• . 1 I 1 -. 11 1 • a 1 1 1 - I• .1 - 1 N • 1. • lIm. ti 1 - 11 - • 1 - 1 - •JI . ",1 • INIM, i• 1 • .1 - . 47177• 1 OTT1111 -11 1 8 . • y 1 it I I I I 1 1 1 1 • - 1 1 • 1 • I I 11 1 � ' ' 1 ! I I l i y. I _' ./ 1 ' I � 1 I I ' f l . 1 1 P I . le • - 11 ; a .. u - 1 • - 1 11 • • .i tcw.101 2 1• : 1 •FM ITTM l L • 1 • . 1 tl < 1 1 /. �1111 �r • •.Q 1 - .. 1 I - 1 • 1 - 1 "NO - 11 • 1 1 la 11 I yII yl 1/ -1 • • '1 . II 11 • - 1 - • 1 ' • 1 • 11 - ./ ,1 1 /y • 1 A/ : / - :n . • q/ 1 • / • • �1 1 1 1 • Kent Shoreline Master Program Shoreline Permit See Permit. Shorelines All water areas of Kent and their associated wetlands, together with the lands underlying them, except: (i) shorelines of statewide significance; (ii) shorelines on segments of streams upstream of a point where the mean annual flow is twenty cubic feet per second or less and the wetlands associated with such upstream segments, and (iii) shorelines on lakes less than twenty acres in size and wetlands associated with such lakes. Shorelines Hearings Board A state level Quasi-judicial body,created by the SMA-NWC hears arnwrals by any agg ieved pa ly on the issuance of a shoreline permit. enforcement y * Meals by 1-ate izovernment on Ecology approval of master=gr ms-rules regulations- Quidelines or designations under the SMA. See RCW 90,58,170; 90.58.180: and WAG 173-27-220 and 173- 27-290. Shorelines of the State The total of all "shorelines" and "shorelines of statewide significance" within the state. Shorelines of Statewide Significance Shorelines of the state which meet the criteria for shorelines of statewide significance contained in RCW 90.58.030(e). Within Kent, the shorelines e€dwGreen River is the only waterway that Qualifies as a are shorelines of statewide significance. - Sim Sign means any structure device- letter, ,re,Character poste* irictnre trademark- or reading matter which is used or designed to nnoun_ce. decLre demonsttrate. display or otherwise identfv or advertise or attract the attention of the public. Howevera a sisurn shall not include the following: 1 Official notices authorized by a court.public body or officer. 2. Directi information sign authorized by federal state or municipal authority. 3 The official flag emblem or insism'a of a government school or religious group Or agency, A. A memorial pjaaue or tablet or cornerstones indicating the name of a building and date of construction when cut or carved into any masonry surface or when made of bronze or other incombustible parr of The building or structure, signsq i6 DRAFT-Kent SMP:Section 2.0-Definitions 121i4158 Kent Shoreline Master Program Single-family Residence(SEW A detached dwelling designed for and occupied by one family including those structures and developments within a contiguous ownership which are a normal appurtenance(WAC 173-27- Site Any lot or parcel of land or contiguous combination thereof, under the same ownership, on which development is proposed. Slope An inclined ground surface. The inclination is expressed as a ratio or horizontal distance to vertical distance. Shall "Shall" indicates a mandate;he particular action must be done. SMA see Shoreline Management Act see Shoreline Master Program Soil Bioengineering An applied science that combines structure bioloaiGW od Walogi al comots to construct living,structures that stabilizes the soil to control erosion, sedimentation and flooding using live plant materials as a main structural component. Solid Waste Solid waste includes all;utrescible and nonnutrescible so id and semisolid wastes including garbage, rubbish- ashes,industrial wastes,wood wastes and sort yAW wastes associated with commercial logLrina activities, swill demo i i n *�cry tctinn wastes_ ahandoned vehicles and parts of vehicles,household appliances and other iscarded commodities. Solid waste does not include see=gage. dredge material or agricultLravl or other commercial logging wastes not specifically listed above. State Environmental Policy Act (SEPA) SEPA requires state agencies- local governments mid o hey*lead agencies to consider environmental factors when making most tvees of permit de cisio . especially for development proposals of a significant scale As pert of the SEPA process. FTIqq may be required to be prepared and public comments solicited. DRAFT—Kent SMP.Section 2.0—Definitions 17 12114198 Kent Shoreline Master Program Stream A naturally occun i ng body of periodic or continuously flowing water where: a)the mean annual flow is gE=r than twenty cubic feet er second and b)the water is con fined within a channel. See also Channel. Structure That which is built or constructed; an permanent or tamnamn edifice or building of any kind or any piece of work composed of parts jointed together in some definite manner,whether installed on. above, or below the surface of water, except for vessels_ signs,but does net inalude mewad-A ea a-A-4—h or. • Subdivision A parcel of land divided into two or more parcels for the per se of sale lease or conveyame, Substantial Development Any development of which the total cost or fair market value,whichever is higher_ exceeds two thousand five hundred dollars ($25001, or any development which materially interferes with the normal public use of the water or shorelines of the state except for those uses excepted from the definition of substantial development by RCW 90.58.030(3)(exi)-(xi) . and WAC 173-27-040. These exemptions are Listed in Section 7.3 of Chanter 7; Administration. See also Development and Exemption. Truck Maneuvering Area An area of a site used by trucks for turning and backing or for access to loading/unloading areas. .r Unique and Fragile Areas An area of special environmental significance for wildlife habitat,threatened plant communities, and/or natural scenic quality. The geographic boundaries of these areas are officially delineated on the Hazard Area Development Limitations Man (exhibit A of Ordinance No. 2832 § 1. 2-21- Upland The area above and landward of the ordinary high water mark. Urban An area of basically high intensity and diverse land use, including residential,commercial, industrial, agricultural and recreational development. Urban (Shoreline)Environment,also c Urban-River Resource (Green River). Urban -Lake Residential (Lake Meridian), and o Urban - Stream Corridor(leg Sam Creek) A 3hQ=Ji=designation under the Shoreline M9nsaament Act for areas of high intensity land use, including residential, commercial and industrial development. In the 4 of Kent- shoreline environment-,include Urban -River Resource(Green iyer)- Urban - Lake Residential (Lake Meridian. and Urban- Stream Cotor(Big Soos Creek) and reflect the C4's 18 DRAFT-Kent SMP.Swoon 2.0-Definitions 12/14W Kent Shoreline Master Program deqienation ac"Urban" and r the Growth Mans ement Act S (see Chapter 3. Shore ire Environmen c), Use or Use Activity An activity or purpose for which land or premises or a building thereon is designed, arranged, intended, or for which it is occupied or maintained, let or leased. Utilities Services which produce and carry electric power, sewage, communications,petroleum products, oil,natural gas,water, etc. Variance A means of granting relief from specific bulk, dimensional or performance standards set forth in the applicable master program, and not a means to vary from the permitted uses of a shoreline. Water-dependent Use A use which requires direct contact with the water and cannot exist at a non-water location due to the nature of the use. Examples include ship cargo terminal loading areas, ferry terminals, aquaculture and marinas. Water-enjoyment Use Recreational uses or other uses facilitating public access to the shoreline as a primary characteristic of the use, and uses that provide for aesthetic enjoyment of the shoreline for a a✓ substantial number of people as a general character of the public's ability to enjoy the physical and aesthetic qualities of the shoreline. Examples include parks,piers, museums, and educational/scientific reserves. Water-oriented Use A use which is a water-dependent, water-related,or water-enjoyment use. Water-related Use A use which is not intrinsically dependent on a waterfront location but whose operation cannot occur economically without a waterfront location. Examples include warehousing of goods transported by water, seafood processing plants,hydroelectric generating plants, and oil refineries where transport is by tanker. Watershed Restoration Project "Watershed restoration p,rQject"mean a MIblic or Vdvate pEQje4 t authorized bytl e,%Mcor of a watershed restoration plan that 'mnlernmU the 1 n or a rra _of the pin and consists of one or more of the following activities: 1. A project that involves less than ten(10)miles of alrwarnrg.rh in which less than en - five(mi)cubic yarrl&of s"_gravel. or soil is removed iMpglWd disturbed or discbar2ed and in which no existing vegetation is removed exam as minimally necessary to facilitate addition g] plantings: DRAFT—Kent SMP.Section 2.0—Definitions 19 12114196 1 • \ 1 l". ! 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IS 1 Y l-^ (.:,+ 1 t:. .M . 1 \ ,\ • y • ylt- \I =11C�: 11 •III al Wa1 tt I : I-•: e : .MF AT-1 1 A or V MI -1 1 FY •. 1 • 1.: 1 M : y1 1 1 / H 1 11 MI .• 1 1 : IT, .. . .. . _ 1 � 1 •. \ . � 1.1 t (-,: 11 I ( ._ t- I 1 1 . ,e 1 .- 1 4,1 \ 1 \ •� • 1 1 M \ :yl MI : Ir1 .. Y A . 1 '! 11 MI . Y li•..e 1. : A A r : 1 1 f . •11 : 11 Y.• 1 \ \ r 1 . 1 a " 1 - • :.1e1 �11 . I :n ;1 • 1 .,: i M• •\ • 1 \ • 1 1 1 \11-1111 Ilia rMurl s 11 1 11 : F.1 - Ia/ •: 1 • U : t:•: ♦ - : 1 1 e \ 1 \ I 1 1\ •. 1 1 ♦ - 1 •.• 1 al \ 1 1. " 1 I,R11A I.e.l 1 e 1 1 1 ' 1 1 / 11 - 1 • 1� 1 • 1 : 11 1 1 ] ' 1 1 '1 1,�.1 Y• � / : end Ml A \ 1 M . ( 1 1 1,', • : 11 ••11 e 1 \ 1 e (.• -,1 1 - \ \1 1 • 1 1 MI Ras i.1 \ 1 ..TaMP 1 1 • t\ •! A - \ 1 • 1 • - 1 •.11FIRM 1 1 - 1 • - : t 1 • : 11 rim, M11 . 1 : ".\ 1 011 1 . 1 / / - . • / /n Kent Shoreline Master Program 3.0 ENVIRONMENTS State regulations require local governments to categorize shoreline areas by different environmental designations. WAC 173-16-040 states that "the environmental designation to be given any specific area is to be based on the existing development pattern, the biophysical capabilities and limitations of the shoreline being considered for development and the goals and aspirations of local citizenry." The intent of the environment designations is to distinguish between the tunes of lines,or segments of shorelines_ so that the various shoreline RQlicies. allowed uses and use regulations can be tailored to fit the sMific local shoreline conditions. Any development in the shoreline must be consistent with the environmental designation in which it is located. The original State regulations for shoreline master_pmamm development recommendcd a classification system composed of four distinct environments: Natural, Conservancy,Rural, and Urban. More recently, State guidelines_su6gest that the®e categories may be too broad'nnd that more Specific subcategories can be adopted to tailor the environment designation to specific shorelines. In addition-the desigalons should more W&uMtely reflect the shoreline's designation under local gowth management planning particularly with regard to whether the area is designated "Urban" or"Rural." The Kent Master program was originally developed and adopted in 1972, and the shoreline ``✓ environment desi_ a ions were amended in 1978 and 1980. Following the original stat guidelines,Kent designated shoreline environments of Con_seffy& y.Rural and Urban. In light of the recent legislative efforts to bridge the rejWat= gap between the Shoreline Management Act and the Growth Management Act (GMA). the City of Kent. as an urban area under the GMA.has re-evaluated its shoreline designations. s. 3.1 GONSEpV A i►GV T.M4RONs, NT Note: This section has been deleted in its entirety. Note: This section has been deleted in its entirety. DRAFT—Kent SMP:Section 3-Shoreline Environments 1 12/1"8 Kent Shoreline Master Program z 2 Tron Ax Ri nTronwn AENT=Urban EnyiiroamCIIt WAC 173-16-040(4)(b) t Act provides inelades the following guidance regarding the Urban Environment: The objective of the urban environment is to ensure optimum utilization of shorelines within urbanized areas by providing for intensive public use and by managing development so that it enhances and maintains shorelines for a multiplicity of urban uses. The urban environment is an area of high-intensity land-use including residential, commercial, and industrial development. The environment does not necessarily include all shorelines within an incorporated city,but is particularly suitable to those areas presently subjected to extremely intensive use pressure, as well as areas planned to accommodate urban expansion. Shorelines planned for future urban expansion should present few biophysical limitations for urban activities and not have a high priority for designation as an alternative environment. Because shorelines suitable for urban uses are a limited resource, emphasis should be given to development within already developed areas, and particularly to water-dependent industrial and commercial uses requiring frontage on navigable waters. In the master program,priority is also to be given to planning for public visual and physical access to water in the urban environment. Identifying needs and planning for the acquisition of urban land for permanent public access to the water in the urban environment should be accomplished in the master program. To enhance waterfront and ensure maximum public use,industrial and commercial facilities should be designed to permit pedestrian waterfront activities. Where practicable, various access points ought to be linked to nonmotorized transportation routes, such as bicycle and hiking paths. The Green River Lake Meridian and Big Soos Crek shorelines are located within an urban area, as defined ender the Growth M naaement Act and Keent's Compreh=ive Plan, However the biQphysical nature of the shorelines and the sumo Unding development develo=ent pattern of each are significantly icantly different, In order to establish shoreline environments which reflect the overall urban setting while acknowledPing the different shorefins characteristics Kent has classified the Green River shoreline as Urban River Resource the IAtie Meridian shoreline as Urban -L.ake Residential- and the Big Sons Creek shoreline as Urban Stream Corridor. The Kent shoreline itnisdiction is shown on maneyn_Appendix A. 2 DRAFT—Kent SAAR Section 3-Shoreline Environments 12114198 Kent Shoreline Master Program 3.1 URBAN-RIVER RESOURCE pPpose• The Green River shoreline is an impQ=t biological physical and aesthetic public resource. Under the Shoreline Management Act,the Gram River is also classified as a "Shoreline of Stateside Signific nce "- The p V3M of the IjIbm -River Rremw= environment is to recognize the river corridor as a focal pQ=for public recnmfigm,while At the UMe time presen"ng Q- a space,nreszr3jnv and enhancing fish and wildlife h i At preserving historic and cultural sites- and pm3dding_for water-deoendent or water-related uses. Designation Criteria• Areas to be designated Urban-River Resource meet the following criteria: A The shoreline is along the Green River within the City of Kent's Potential Annexation A= Management Policies: 1 Visual and pbvs� ical public access to the shoreline should be required for any new development wi in the shoreline. 2. Aesthetic considerations should be actively promoted by means such as sign control• development siting screening and ambitectural standards and maintenance of na oral vegetative buffers. 3 Acguisition of land for permanent public access to the shoreline is a high priority. 4. Restoration of shoreline vegetation is a high priority. 3.2 URBAN-LAKE RESIDENTIAL Purpase• The Take Meridian shoreline lies within an&stab fished.nlimaxi lv single-family residential neighborhood The ll se of the L1rb n- .akeResidential designation is to maint^in the character of the a isting,residentiai_nei&W rbood w ile preserving and enhancing fish and wildlife habitat and continuing to provide public access to the Lake. Designation Criteria* Areas to be designated Urban+ Lake Residential meet the following criteria: A The shoreline is located along Lake Meridian within the City of Kent. DRAFT—Kent SMP.Section 3-Shoreline Environments 3 12114198 Kent Shoreline Master Progmm M2n2gement ' I T Because p=erties around the - are almallysuhaWntially1,. . I♦ia 1 flll 1 - - • 111 =11t and/or redevelomentbe consistentwith the character % 11 nature" the existing neigbbgdlgg%L 2. Both pkuical and visi,21 public. agcess to the Lake i&all be pMvided. New residential subdivisionsma be l'.1 I,.-,/ to • V / • - common RI•.81 gpace along the shoreline ♦ 1 @ feasible1• where cgmpadble with the natural environment. 3. The existing' Il park andState boat } 1 facilities shallbe adQuatelymaintained, 4. Protection and enhancement of 1e environment is : high priority and shall • - encouraged, 3.3 URBAN► u COBBIDO Purposee The : • Soos an li f.•=biningir2l and hyAmlogical resource. The p=ose of the I Jrban it it rorridor .yl / V,n.11,.-1' is to pm=the1 s fragile- and valuable elements of 1 - environment *ncluding the wildlife and habitat :,.1. .If . VPrr iate for this enviromnenti . the natural Y• environment a1 • may include such activities • • - 1 apace and planned low-intensity e 1.-•: • 1 : uges mirb as a trail =111 Designation Criteria: to be designated 11 . 1 i 11 Corridor meet thefoll• ./ 1 ' criteria: A. The shoreline is alona the •.•. Creek(downstream of the Kent . 1 - • . 1 • within 1 - \ of Kent anditsPotenbal : 1 I,+L a,i 1 1 Area. Management Polideso New development eI 1 the11: 1 i " : Q Corridorenvironment s1 • 1 reflect th- character IY., of 1 - surrounding area by limiting dential density-=viding • a/n 1 " t 1 1 e1 space and 1 /1 . 1 1 1 • skdcqilqte bilolding setbackmIl• it water and 1 ♦ - 1 / 2. Public access • ip ll 1 / .. to theshoreline .,I-.,., ,• e.. a1., .• .{.'-i through r l• / • 1 1 Men=11 71 .. and trail y ail I develg=ent sbikilbe locafcL sited, designed. a1 maintained to protect a1 1 enhance s1 • 1 - areas and adjacent • habitats and Mfiour=L 3. Activities or T which 1 . • 1 be detrimental • 1,' 1gA Y. and biological limitations Kent Shoreline Master Program 4.0 SHORELINE ELEMENTS The elements of the Shoreline Master Program consist of goals and policies that apply to all uses in the shoreline. The Shoreline Management Act lists seven shoreline elements which should be included in every local shoreline program:(a).Shoreline Use;(b)Economic Development;(e)Public Access;WRecreation;(e)Circulation;(#)Conservation; and(g)a Historic-,.Cultural; lement. Local master programs should also address any other appropriate elements;thus,the Kent Shoreline Master Program includes an Shoreline Flood Control element IQ-addressing flood protection along the Green River. As a result of regulatory tory reform legislation. the god 1wd ggliri_es of the shoreline master program are to be integrated into he oral comp ve n,lap Thy gba»tom of the master =cram will therefore become the"Shoreline Element"of the Kent Compmbensive Plan. _ Currently.that plan contains the five "elements"originally Mq u+�b_y the Growth Management Act(Land Use.Housing, Capital Facilities. Tran_ssportat on, andUtilities) and four optional elements (Community Design Human Services,Parkssand Economic Development. _ OVERALL SHORELINE GOAL• To protect and enhance the shorelines of the City Kent and its Urban Growth Area. �✓ 4.1 SHORELINE USE (Note: This was previously Section 4.5) This is-an-element€efconsidersing: 1. The pattern of distribution and location requirements of land uses on shorelines and adjacent areas, including,but not limited to,housing, commerce, industry, transportation, public buildings and utilities, agriculture, education,and natural resources. 2. The pattern of distribution and location requirements of water uses,including,but not limited to, aquaculture,recreation, and transportation. GOAL 1 The(seen River is designated a KShoreiline of Statewide Significance." and as such. is of value to the entire State and should be protected and managed. In order of preference.the priorities are to : a. Recognize and protect the statewide interest over local interest: b. Preserve the natural character of the shoreline: DRAFT—Kent SMP:Section 4.0-Shoreline Elements 1 12114198 Kent Shoreline Master Program C. Result in the longterm over zhort4erm benefit: d. Protect the resources and ecol2a of the shorelines: e. Increase public access to pgblicly owned areas of the shoreline. f Increase recreation opportunities for the public in the shoreline area (This goal was previously in Section 5.1 and is still repeated there) Policies: 1. Allow only uses and activities within the Gregm Ri=WI reline that are wager-denendmt water-=o,ymen • •"r"orlente d_wmas �w"'Y�otherwise compatible with the naaWd environment and the"Urban -River Resource"designation (from previous Goal 1) 2. Give preference to those uses or activities which enhance the natural amenities of the shorelines and wetlands and which depend on a shoreline location or provide public access to the shoreline. (Previous Objective 2, Policy 2) 3. Continue to promote diverse recreational development and use along the Green River shoreline by encouraging multiple uses, including the incorporation of public recreational uses into shoreline developments. (combination ofprevious Objective 3 and Policies 1 and 2) 4. Discourage 46;ses and activities in unique or fragile areas unless measures can be satisfactorily undertaken to mitigate all related adverse impacts. (Previous Objective 2, Policy 1) 5. Encourage restoration of shoreline areas that have been degraded or diminished in ecolo;cal value and function as a result of Fast activities or catastwp is events. 6. Support applications for current use taxation for those agricultural and open space uses along the shoreline through Chapter 84.34 RCW. Afiantsid F;J;AWa ha e e 4A FR' _,,.e (Previous Objective 4. Policy 1) (Previous Objective 4) 2 DRAFT—Kent SMP:Section 4.0-Shoreline Elements 12114✓98 ProgramKent Shoreline Master 'AL 2 : Uses 1 a .fir . 1 Meridian I'. I I II , , residential- i t 1 1, Y ti lam caMatiblewith then2tural PoUciese Locate1. 1 1 desism new and 1 1 residential deveIgpment to maintain the character1 2. New Ial development but not including 1..1 / / single-family dwellings- should pmvide joint • 1111 1 + or public accessto the shorelinewhere- pQssible, 3. DiscouTaLye uses and activities in uniQue / fragile l-as"niess mesksures can be satisfactorily undertaken to mitigate ill related adverse impacts • EncouTaize restoration of shoreline areas that have bow 1 •J•: 1 ql or 1 11 1 1 e1 in ecolo6cal value and 1. 1 1 . 1 as a result 1 past activitiesor ass 111 events residential-5. Maintain rurrent visual and physical public access to the lake shoreline, GOAL 3: Uses allowed within the My Soos Creek shoreline shall be low d=si and open !ace uses comp2tihie with the natura environment anI 1UrbanStream Corridor 1 :T 1 1 1 Policies* Locate- / ' 91 and maintain 1 • residential damlopment to promote a stable residential 2. • residential devel=ent 1 1 1 - where 1..1 1 / 1 • 11 11 1 1 public to 1 - shoreline • 11 1 . with the I 11 m environment, 3. Discourage uses and activities in unique or fragile areas unlesr.measures can b satisfactorily undertaken to mitigate�11 related adverse iwR= 4. Encouracre restoration of shorelinehave beenezra d ".• or diminished in ecolo2ical value and Awction as a result of past activities or cataat=hic event 5. Maintain v t • physical access to the shoreline, GOAL 4 Agricukural usa.while ras a"rund" use under the Growth Mnnsgement AcL are sull1wrted by the t of Kent comprebensive jphuj6 I andthe shorelinemaster program 1 1 • 11 I 1 ! ' this land where applicable, - SectionI Shoreline - - Kent Shoreline Master Program Policies: (moved from existing section 6.1) j Aericultural lands should be protected from inL comoWble Aatterns of development. ? The scenic beauty of natural shorelines as well as the historic value of many rural ;inicul iral la_n sc apes should be protected in agricultural development. 3 The creation of new a¢ricultural lands by diking- dmining or filling Of Hof wetlands should be prohibited. 4.2 ECONOAHC DEVELOPMENT (Previously Section 4.1) Economic development refers to development that prom^des a service produces a good, retails a n nv other use or activity or h se of matting financial gain, For commodity, or engageses i_ a_� .purpo the City of Kent.Economic Develg9mal=fies only to the C+ree_n River shoreline. GOAL 1: Development of the Green River shoreline should be limited to uses Ur activities which are wa er-dep nd n L water-enjoyment water-oriented,ed eff or otherwise compatible with protection, restoration and enhancement of the shoreline. Policies: . (Moved to Shoreline Use, Goal 1, Policy 6) 21• Encourage the location of shoreline-oriented or shoreline-dependent recreation and open space uses along the Green River shoreline as part of my development along this shoreline. 2.. Ensure that planning- zoning and non-reg l� atory nmgta`governing lands within and a4iacent to the shoreline allow environmentally sensitive recreational/open apace uses along the shoreline. 3. Support environmentally sensitive agricultural uses salong the shoreline in applicable zones, 4 DRAFT—Kent SMP:Section 4.0-Shoreline Elements 12114198 Kent Shoreline Master Program r-- GOAL 2: Permit development of the Green Aiver shoreline only if it enhances the environmental qualities of the shoreline, recognizing that it is these same qualities that provide an amenity of incalculable economic value to the citizens of Kent. (Previously Objective 2) Policies: 1. Design Sherelne-shorclimdevelopments should be desigued-to enhance scenic views. 2. ,Sup^ort shoreline enhancement and restoration in areas of new development and redevelopment. 3. Locate w-Water-dependent and water-related economic development sMold be leeated first in shoreline areas where other economic development already exists. (Previous Objective 3, Policy 1) 4. New economic development within the shoreline area should enhance the aesthetic qualities of the shoreline. 65, Design aAH economic development should b designed to allow reasonable public access to and along the water's edge. (Previous Objective 3, Policy 3) 6. Consider public access in the review of all private and public developments(includin¢ land div sim)with the exception of the following: a. One- and two-family ((dolex)dwelling unitse or b Agricultural/rancbingactivities;a c Where deemed inappropriate due to health, ufcu and environmental concerns. Administratively off site public access should be sublWtueel for on site public access only where water-dependent uses and sensitive areas make public access elements physically infeasible. $Z• Permit over-water structures only when in the public interest and when such a structure includes public access. DRAFT—Kent SMP:Section 4.0-Shom ine Elements 5 12114198 Kent Shoreline Master Program (Previous Objective 2, Policy 1) 9.a. Potential long-term effects on the shoreline should take precedence over short-term economic gain or convenience in development. 4.3 PUBLIC ACCESS (Previously Section 4.2) This is an element addressing the need to provide public access to shoreline areas. GOAL 1: Continue to oroyMe a coo in■ted &loan of diverse physical and visnal public access to the City shorelines. Policies: 1. Along the Green River. the City and/or other government agencies when feasible should acquire and develop property to provide public access to the water's edge at a minimum inters of one access point per mile. 2. Along the Green River.provision should be made for public access to and along the water's edge in new substantial shoreline developments and/or when substantial modifications or additions are proposed to substantial developments. (Previously Objective 1, Policies 3 and 4) 3. Publicly-owned shoreline areas should provide public access to the water's edge where feasible and where compatible with the natural shoreline en immnent 4. public access to and alone the waterr, edge should be compatible with the natural shoreline environment. 5. Design and screen &Access points to create the minimum objectionable impact on the adjoining property. 6. Adegyateely m in Ain Al public access a= and facilities. 7. preserve and enhance views of the shoreline and water from public areas. 8. The=file of water do nd nt or water related structures should be as low as feasible in order to minimize visual impact on Jhe shoreline- 6 DRAFT—Kent SUR Section 4.0-Shoreline Elements 12114 98 Kent Shoreline Master Program 9. Site buildings and structures along the shoreline in such a manner that vis Mal access is 10. The i should minimize public access to unique or fragile areas, 11. neQi_gn and landscape parking and/or recre_■ton facilities for shoreline activities to provide adcQuate p-' strian access to the shoreline nd to minimize adverse impacts to 4acent prong es &nd the nWNW environment, 12. Encourage new residential development Mquiring a Substantial Development Permit fi.e.. including subdivisions but excluding indi dL stele-family hom to Mmdde common shoreline Wen apace. 13. The City should actively s=ort extension of a public trail along Big Soos Creek. (Note: Previous Objectives 2 and 3 and accompanying Policies relating to the Green River trail system and dike setbacks have been moved to Circulation and Flood Control, respectively) GOAL 2: De�Aay-development adjacent to private property al'Ami l be designed-so as to screen and protect against intrusions from the public activities. (Previously Objective 4) `..•' Policy: 1. The Shoreline Administrator should review all public access developments to insure that the rights and privacy of the adjoining property owners are protected. 4.4 CIRCULATION (Previously Section 4.3) This is-a+relement for-assesscsiag the location and extent of existing and proposed major thoroughfares,transportation routes,terminals and other public facilities and eeffelatin correlates those facilities with the shoreline use elements. GOAL 1: :.royide cek viremiation systems to shorelines where such systems will have the least ppssilbl_e adverse effect on the natural enyironment 'nd recreational o-poortnn_itles- DRAFT-Kent SMP:Section 4.0-Shoreline Elements 7 12114198 Kent Shoreline Master Program Policies: 1. The i should encourage public transportation to access shoreline recreation areas. (Combination of previous Objective I and Policy 1) 2. Restrict m tor vehicle traffic to existing two-lane roadways, except for limited bridge crossings for major freeways-across the Green River: 3. Along the Green River.plan and design shoreline roadways shewd be plomed and develeped-as scenic boulevards for slow-moving traffic and which provide fiveF public access to the shoreline. 4. in order to reduce unnecesl=traffic along the shoreline- plan for. or require. alternative access routes located on the upland side of a nonwater-oriented. eleng-the sherel�ine. 5. Along the Green River,plan, design, and reroute through traffic situ designed to avoid adversely affecting the recreational and environmental qualities of the river corridor. 6. Along the Green River. the City and/or other governmental agencies should actively explore alternatives to additional cross-river arterials. 7. New and existing circulation systems along the shorelines should minimize impacts to the natural environment. GOAL 2: Provide a continuous non-motorized trail system along the entire Green River shoreline. (from previous Objective 4) Policies: 1. The City should develop and implement in an orderly manner a plan of acquisition, lease, and donation of land for trails. 2. Separate the The-trail system sheald be separated-from the roadway. 3. Connect the q4wtrail system to other trails in the region. 4. Link-aAccess points to and along the shorelines sheu4d-be linked by a system of trails. 5. To assist in developing a trails system, offer incentives sheWd-be effeed-to property owners in exchange for larger setbacks, easements or other benefits to a trail system. 8 DRAFT-Kent SMP:Secdon 4.0-Shoreline Elements 12114198 Kent Shoreline Master Program 6. Include the trail system n all new or expanded motorized river crossings. Whenever practical, modify existing crossings to accommodate the trail system. 7. Provide trail system bridges where needed, and where compatible with the natural environment. 8. p rivate roads and developments skeaid-be desigHe&to avoid conflict with, or adverse impacts on,the trail system. 9. Design the44wtrail system should be designed-to avoid conflict with private property rights and to create the minimum objectionable impact on the adjoining property. (from previous Public Access- Objective 2, Policy 2) GOAL 3. Provide for ihlic aces to the Big Soon Creek shoreline where compatible with the natural environment. Policies: 1. SMort extension of the non motorizes) Big Soos Crack Trail system. 2. Require new develo ent Aacent to Big Song Creek_to provide common oven space or �..' public access to the shoreline where compatible with the natural environment. 4.5 RECREATION (Previously Section 4.4) This is an element for the preservation and expansion of recreational opportunities through programs of acquisition, development and various means of less-than-fee acquisition. GOAL 1: Encourage diverse, water-oriented recreational opportunities in those shoreline areas that can reasonably tolerate such uses during peak use periods without destroying the integrity and character of the shoreline. (Policies moved from section 6.11) Policies: 1. Recreational facilities should be developed for diverse recreational uses. i � DRAFT-Kent SMP:Section 4.0-Shoreline Elements 9 12/14/98 Kent Shoreline Master Program 32. DesiGm and locate rRecreational facilities to facilitate access by public transportation. .2. pmvidgfFishing areas sham-be pr-e Ade&through City or State acquisition of property. 24, The Cily encourages the Tke coordination of local,regional, state and federal planning so as to satisfy mutual recreational needs. Shoreline recreational developments should be consistent with local adopted park,recreation, and open space plans. 10. The i encourages�e44wuse of shoreline street ends and publicly owned lands for public access and development of recreational opportunities when sitable_parking facilities are available . 11. The City encourages w4uisi io s for gpen gpo&e that p=serve environmentally sen_sitive areas--provide wildlife habitatand offer gD2g n*+ities for education and interpretation within the shoreline jurisdiction. GOAL-12,: Public recreation opportunities along the Green Rver should be maximized by developm at of a regional riverfmt par!k Ustem and greenbeltb=n space syjtems. Policies: ' 1. The City's Parks and Recreation Department should take action to interest state, federal and county government in the City's Action Program to acquire and develop a regional riverfront park system. 2. . -a--_ Ensure that designad sections Of the riverfront shed-be amavailable to the public for recreation. This may include City, County, State and privately-owned recreational facilities open to the public. 3. DSlign-aMy public development adjacent to private property shed-to protect the rights and privacy of the private property owners. 4. Provide aA trail system shexld be-pre�Aded-along the entire shoreline. 5. AccQuire and dedicate as public recreation sites theThe areas between the waterline and setback levee when compatible with the natural environment. 6. Provide largeF parks for river access, interpretive natural areas,picnic areas, open play areas, quiet natural areas, restrooms,parking, etc. f 0 DRAFT—Kent SMP:Section 4.0-Shoreline Elements 121141'98 Kent Shoreline Master Program GOAL U: Maintain_ and enhance the ezisting Lake Meridian Park. Policy: 1. Provide diverse recreational onnort mjties compatible with the natural environment. GOAL 44: Provide public fishing areas along the Green River and Lake Meridian shoreline. Policies: 1. The City should acquire property and should encourage the State Department of Fish and Wildlife to acquire property to provide additional fishing areas and accesses along th Green River. 2. Maintain current fishing access alone Lake Meridian, 3. Ensure proper use and adequate maintenance of all boat launches. GOAL 54: Along the Green River.Eencourage private water-oriented recreational development which is open to the public in areas located outside the public park areas. Policy: 1. Encourage uNonmotorized recreational boating facilities, as long as they are compatible with other uses and the natural environment. GOAL¢5. Provide recreational opoomnities long Big Soos Creek. Policy: 1. Include a public non-motorized trail connecting my M&blic access po'nt in r&&maWmal 4.6 CONSERVATION This is an element for the preservation of the natural shoreline resources,mdconsidering such characteristics as scenic vistas,parkways, estuarine areas for fish and wildlife protection, beaches and other valuable natural or aesthetic features. DRAFT-Kent SMP:Section 4.0-Shoreline Elements 11 121141'98 Kent Shoreline Master Program GOAL 1: Identify preserve and restore the rewaiab(natural resources of the shoreline such as wiltillife habit" ftk=resource&wetlands.beaches, natural veg tion, and other fra4Le elemeats. (Combination ofprevious Goal and Objective 1) Policies: 1. Protect and restore aAguatic habitats, spawning grounds, wildlife habitats and wetlands, . (Combination ofprevious Policies 1,2, and 3) 2. Avoid or minimize sStream or lake bed disturbance. 3. Alone the Green River, .slope spy pa=se I new addWeeal-riverbank protection(wet side)should be sleped-to allow escapement of fish after high water. 4. Prohibit development in unique or fragile areas. GOAL 2: Preserve Jhe,_ereas-escenic and aesthetic qualities of the shoreline. Policy: 1. Balance the restoration of natural vegetation with maintenance of scenic views. GOAL 3: Prevent further deterioration of water quality and require water quality improvement. Policies: 1. No untreated effluent or other pollutants should be discharged into the river. 2. The City and other government agencies should aggressively enforce all governmental water quality regulations. 3. Encourage the reestablishment of natural vegetation along the shorelines. 4. PFevem the eutfing e Preserve existing trees and natural vegetation alone the Green River or Big Soos Creek unless necessary for public safety or public access-an&levee maintenance. 5. Discourage the time of building materials which have significant adverse physical or chemical effects on water q is ily- vegetation fish and wildlife in or near the water, 12 DRAFT—Kent SMP:Section 4.0-Shoreline Elements 12114198 ,•. 1 •JI • f v/\ :., • II r / : IL✓.-{ •.: . ,. 1 Ill hill. y\I. I I IC : 11 i • . \: - • i •.•.• tiF. / N 1 1..- • yl t•' N III aV147 17,• 1 : 1 • 1 11 - • • , y • • 1} I - •a • 1 - 1 A ' d • 'slim I I 1 1 1 If 1 1 1 11 • r . r 1 1:,• •al-r,. i 1.\.. • 1141 - 1./ yi 1 :.1 /1 • 1 I I 1 • -.,: - • II 1 I \ 1 • 1 - I 1 S.• :ill 1 I 1 •..: - • 1 • U ► 1 1 : ,aIgo `*,,0,.sf :.v IJ a 1.1 A ..d l .-1 41 NO I\- : 1 I 1 •loll M I • / as I ,• . 1 1 1 -AM IS - • 1 ..• • IT!,• ,ri-D IiI I,,,,"Alga)1 : 11 1 1 11;M1;Tmut - 1 • - • 1 11 :14,1 lei i !,41 Z11 : 1 IFl:: /I L.' IS 1 .• i 2t rMo I 1 ./ 1 1 1 • 1 :11 I 1 1 : 111 •1••P • A Y 1 =1P 1 - 1 1 •� • 1 - 1 I ..\III I • • 1 -14 1 •IP 741\/Wi -,1 •• i 1 : 1 \ 1 �I - 1. • jr P Y.I LIA 1 - aD '.I UT I yl • 1 --f1 1 1 1 1 , 1 • 1 • 1 • - 1 1Wi 1 -,I • 11 . 1 • • 1 - I :. 1 .Rml-Imemm. 11 ' a\ • \II •. 1 11 . 1 1 I • • 1 11 - • II L►: 11 rl - • - 91,404TUrs ' I\ 1. 1I • I.:JI 1 q. 1. • y •. 1 • 1 1 MI - � • l- 'J 1 . . : Y 1 1 • 1\. � 1 I :1 ti 111.1 \ • - • U � 1 • . ; y -,1 • II • 1 •r : \ 1 • - . / III - 1•. Rem rein 1 1 Mal• • 1 - lal - • 1\. 1 - I / 1. . 111.- . - "11 1 t II i.^I• • \ - ILI • \II. . e - 111 - 1 -.it • - • - I • JI 1l".+ 11 IY t `11 • \ • no11 �1 1 1• I 1 ' - 1 .• _\: t A : • 1.. 1 :,\:., •. I 1.. '• `11 • \�,• 1 • • • 1 I • I - - • 1 11 : 11 ire rim I .,II :1 1"1 :j•/ • V I 11swil 1 VAN 11 / 'dr/ I \ - . 1 �) 191 1 I.. -, , - U 1. 11 1 - ! 1 • ' • • ._I• -.• 11 1 1 • •. \. •. I _\ A ' 1 e.1 1 • . 1 • • 1 1\. • 1 1 • • 1 1 - - • • • 1 11 .-,1 11 �11 .• II • 1 - �I - + - I • 1I / : 1 - 11 1 Iq : 11 : 1,1 11 - i • \ 1 : • \I (,-qwTITI - I .- 1 II • oiler,1 .. JI I - . 10OPM -,I I - I - I I II a • 1 Kent Shoreline Master Program 10 The City of Kent encourages rnnsideration of Wwm ipe,recto Winn and remediation incentive mgmms. Such VMgms could identifX if in some arms and under certAin circumstances, the setbacks required in this s�zwine master program could be reduced in exchange for developer agreements to provide restoration of the shoreline. 4.7 HISTORICAL/CULTURAL GOAL 1: Fnco�nd prffl:de for Le id@etilieatlon.preservation- restoration. development and intel=tatiom of cultural- (Combination of previous Goal, Objectives 1 and 2) Policies: 1. Desiegate, uAujrree,,urotect and restore ashoreline areas having archaeological,historical, cultural, educational or scientific valu , .eester-sd. 2. Provide aAccess to historic and cultural sites to the general public,when consistent with the protection of the sites. 3. Encourae pPublic and private cooperation in site preservation and protection. 4. Provide ilnformation on historic and cultural sites in the form of signs or other interpretation of historic and cultural featuressheeld be Pm when consistent with the protection of the features. 5. Encourage educational projects and=ar9ms JbW foster a greater appreciation of the importance of shoreline management, environmental conservation- and shoreline big=. GOAL 2: Prevent the destruction of features of potential archaeological, historical, cultural and educational significance. Policies: 1. The City may restrict the development of suspected significant sites and newly discovered sites€er.up te Nve mes fora lieriod of time so that their significance can be determined. 2. To ensure their preservation&udjLmJwAi= significant sites should be a high priority for acquisition by the city or other appropriate entity. 14 DRAFT-Kent SM?:Secdon 4.0-Shoreline Elements 12114 98 ............. Kent Shoreline Master Program 4.8 FLOOD CONTROL This is an element for the location and design of flood control works along the Green River shoreline. GOAL 1: Ensure future flood control works are in the public benefit. Policies: 1. Ensure that all A-flood control project proposaldn.Ktitlt shAmid-be-ambased on a thorough analysis of the potential impacts on the shoreline;and an examination of alternative measures, for example, control or reduction of surface water runoff. 2. Require that flood control works are designed for multiple uses. 3. The Cihr shall acquire pRublic access to the flood control works should beasq -prior to construction. 4. I2gsiga fFlood control projects shetAd-be desigaeed-to maximize open space elements which are not subject to extensive flood damage, such as parks and agriculture. 5. Dslign-fFlood control projects should be decked-to provide diverse public recreational opportunities, such as fishing, swimming,boating,birdwatching, viewing, etc. 6. T)eqign and manage FFlood control works to avoid or minimize-negative impacts, and enhance and restore the natural environment and wildlife habitat. 7. Design. landscape and plant(Flood control projects&MWd be designed, lafidwaped an wed to maximize a natural shoreline appearance, fish and wildlife habitat values, public access, and public recreation. 8. Provide dike setbacks at favorable locations th&t promote bank stabilization_ restoration of natural habitat and largeF river=level access parks. (from Recreation, Objective 2, Policy 2) GOAL 2 Ensure that shoreline ItAbIIIZaUgLACd3ddjLcpndncted for flood control and/or habitat restoration purrnon sre in The public benefit and protective of the overall river corridor envirronment. j. Shoreline stabilization shall not be used to create new lands. DRAFT—Kent SMP:Section 4.0-Shoreline Elements 15 12/14/98 Kent Shoreline Master Program 2. Permit shoreline stabilization only when it has been demonstrated that shoreline � stabi ization is necessary for the protection of leggy establi lied structures and public improvements. RCQuire that all shamline modification&Wyities he in MWZ of a permitted shoreline use that is in conformance with the Vwdsions of this master=g am unless it can be demonstrated that such activities are necessary and in the public interest. 4, Place shoreline stabi ization solutiong developed to mpLe existing shoreline stabilization along,the same alignment as the shore ine stabilizWion being replaced_ hog-ever these may be plaaced waterwa_rd ireectiy ab�ng the old structure, in cases here removal of the old structure would result in construction problems or severe gn�nronmental impacts as determined by the City of Kent. Shoreline sta ilization shall notsigilificantly_int ere with normal surface na _d/or subsurface drainage into the water body. �. Design shoreline stbiliztion so that it does not constitute a hazard to navigation_nor substimfially interfere with visual access to the water. Z. Design shoreline stabilization to not create a need for shoreline stabilization elsewhere. $. R cgylire professional desig]3 of shoreline stabilization works as approved by the City, t..r 16 DRAFr—Kent SMP.Setclion 4.0•Shoreline Ekernents 12114198 .......... Kent Shoreline Master Program 5.0 GENERAL PERFORMANCE STANDARDS General performance standards apply to all activities and uses within the shoreline. These standards carry out the policies expressed in the Elements of the Kent Shoreline Master Program and the policies found in the Shorelines Management Act. 5.1 SHORELINES OF STATEWIDE SIGNIFICANCE The Shoreline Management Act of 1971 designated certain shoreline areas as shorelines of statewide significance. These are shorelines which benefit all people in the state, and therefore, preference is to be given to uses which favor public and long-range goals. Within Kent,the Green River and its associated wetlands are considered a shoreline of state-wide significance. RCW 90.58.020 requires that local governments, in developing master programs for shorelines of statewide significance, give preference to the following uses,in Owdescending order of preference: 1. Recognize and protect the statewide interest over local interest. 2. Preserve the natural character of the shoreline. 3. Result in long-term over short-term benefit. 4. Protect the resources and ecology of the shoreline. '�►' 5. Increase public access to publicly owned areas of the shorelines. 6. Increase recreational opportunities for the public on the shoreline. The following development guidelines shall be applied to proposals in the ram''een River shorelinc. a shoreline of statewide significance, in addition to any other applicable performance standards in this Program: 1. Recognize and protect the statewide interest over local interest: a. Solicit comments and opinions from groups and individuals representing statewide interests by circulating proposed master program amendments and uses for review and comment by state agencies, adjacent jurisdictions, local officials. citizen advisory committees, and statewide interest groups. b. Recognize and take into account state agencies'policies,programs and recommendations in developing and administering use regulations and-in approving shoreline permits. C. Solicit comments, opinions and advice from individuals with expertise in ecology, biolo�y.eeeanegragk3,geology, limnology, aquaculture and other scientific fields pertinent to shoreline management. DRAFT-Kent SMP:Section 5.0-General Performance Standards 1 1214198 Kent Shoreline Master Program 2. Preserve the natural character of the shoreline: a. Designate and administer shoreline environments and use regulations to minimize damage to the ecology and environment of the shoreline, and to enhance and restore degraded natural resources. b. Where intensive development already occurs, upgrade and redevelop those areas to reduce their adverse impact on the environment and to accommodate future growth rather than allowing high intensity uses to extend into low intensity uses or underdeveloped areas. C. . d. Protect and preserve the existing diversity of ve9etation and habitat values, wetlands and riparian corridors associated with shoreline areas. 3. Result in long-term over short-term benefit: a. Evaluate the short-term economic gain or convenience of developments relative to the long-term and potentially costly impairments to the natural shoreline. b. Preserve shorelines of statewide significance for future generations, and restrict or prohibit development that would damage shoreline resources. C. Encourage restoration of the natural character of the shoreline in developed areas. d. Actively promote aesthetic considerations when contemplating new development, redevelopment of existing facilities or the general enhancement of shoreline areas. 4. Protect the resources and ecology of the shoreline: a. Leave undeveloped those areas which contain unique or fragile natural resources. b. Prevent erosion and sedimentation that would alter the natural function of the water system. In areas where erosion and sediment control practices will not be effective, excavations or other activities which increase erosion are to be severely limited. C. Restrict or prohibit public access into areas when necessary to protect the resources and ecology of the shoreline: d. Minimize development activity that will interfere with the natural functioning of the shoreline ecosystem. 2 DRAFT-Kent SUP:Section 5.o-General Permormance Standards 12114198 Kent Shoreline Master Program e. All shoreline development should be located, designed, constructed and managed to avoid disturbance of and minimize adverse impacts to fish and wildlife resources, including migratory routes, spawning,nesting,rearing, and habitat areas. Wildlife habitats and sanctuaries should be included as part of recreational developments. f. ,Shoreline materials including,but not limited to bank substrate. soils-beach n c- and_grayel bars should be left undisturbed by shoreline development. g. Preserve environmentally sensitive areas for use as open space or buffers. h. Encourage the restoration of presently degraded wetland areas. 5. Increase public access to publicly owned areas of the shoreline: a. Give priority to developing paths and trails to shenlies are the Green Inver. n i i g linear access along the river shoreline and to developed upland 12nrki11- b. Locate development landward of the ordinary high water mark so that access is enhanced. 6. Increase recreational opportunities for the public on the shoreline: a. Plan for, and encourage, development of facilities for recreational use of the shoreline. b. Reserve areas for lodging and related facilities on uplands well away from the shorelines with provisions for non-motorized access to the shorelines. 5.2 ARCHAEOLOGICAL AND HISTORIC RESOURCES 1. No development shall be undertaken with regard to a site or structure that has probable historical, scientific,or archaeological significance until an evaluation of the site or structure has been made by an authority judged competent in such matters by the City of Kent. The City shall identify a competent authority within one month of discovery of the site or structure. 24. In the event that unforeseen factors constituting an mergency as defined in RCW 90 58 030 necessitate rapid action to retrieve or Areum artifacts or data identified above-�e=jest may be exempttia from the omit requirement of these regulations. The CityShall notify the 4 Ate Department of Ecology,the State Attorney General s Office- and the State Historic Preservation Office of such a waiver in a timely manner. 's✓ DRAFT-Kent SMP:Section 5.0-General Performance Standards 3 1214198 Kent Shoreline Master Program 5.3 CLEARING AND GRADING 1. All clearing and grading activities shall be limited to the minimum necessary for the intended development. Within the Urban n-River Rauource and Urban-_Steam Corridor envirotLments clearing and"ing wi hi A=is;*nhibi ed,ass associated with public recreation activities,restoration and enhancement of natural vegetation or wildlife and nQuati .h hi at- utility contraction or required landscanila. 2. Unless exempted bye the SMA, clearing and grading activities shall be allowed only when associated with a permitted shoreline development. Upon completion of construction, remaining cleared areas shall be replanted with native vegetation or other plantings approved by the Administrator. RC;llanted arm shall be min wined such that within three-years the vegetation is fully reestablished 3. No cutting, damage, or removal of trees over few(4)six fi)inches in caliper(as measured twelve(12) inches above their mean ground elevation)will be permitted prior to the submittal and approval of a site-specific tree plan and mitigation proposal. The tree plan avast-shalLbe drawn to scale, and shall indicate the precise location of all trees of four-inch caliper on the shoreline portion of the site in relation to proposed development. The mitigation proposal must-AbAlLprovide for the replacement and maintenance of any trees removed. The developer may be required to replace trees at a ratio greater than 1:1 falie: 4. Uses shall avoid adversely affecting any other natural vegetation in the shoreline unless necessary for public safety or public access, or otherwise clearly in the public benefit. Normal pruning and trimming of vegetation for maintenance purposes shall not be subject to this regulation. Clearing of invasive non-native shoreline vegetation or plants listed on the state noxious weed list is permitted in the shoreline if native vegetation is promptly reestablished in the disturbed area. 5. Any sir ificant placement of materials from off-site(other than surcharge or Are-load or substantial --e�erraising of daj pl na I be considered landfill and shall Wso co=ly with the landfill provisions con fined in his Master Program. 5.4 ENVIRONMENTAL IMPACTS 1. The location,design, construction and management of all shoreline development shall protect the quality and quantity of surface and ground water adjacent to the site and shall adhere to the guidelines,policies, standards and regulations of applicable water quality management programs and regulatory agencies. 2. solid and liquid wastes and untreated effluents shall not be allowed to enter any bodies of water or to be discharged onto land. 4 DRAFT-Kent SMP:Section 5.0-General Performance Standards 12114198 • Kent Shoreline Master Program 3. The release of oil chemicals- or rdous rnalgfi&onto land or into the water is n,hihi era Fn.inment used in association with such mgmdals shall be maintained in safe and leak-Proof condition. If there is eviderLce of C&Age-the f ether use of such glW,nment shall be su=ded until the deficits=has been satisfactorily corrected. 4. All shoreline uses and activities shall use Best Management Practices_ MPs)to miiirrize any increase in s Wface runoff and to control treat, and release surface runoff. 5. All shoreline development shall utilize effective erosion control methods during project construction and operation. 6. For other than singl -f mi y 1-ots. the application of fertilizers,herbicides and pesticides shall be prohibited within one hundred(100)feet landward of the Or in=High arse Millk(OHWM). Fertilizers,herbicides and pesticides shall not be applied or allowed to directly enter water bodies or inaff4es,begs of swmps wedmis unless armroved for such use by apMoriato agencies (U.S. T)WA ment of Agriculture_U.S- Environmental Protection Aga . Washington Doa=ent of Eco1_o¢vl. 7. All shoreline uses and activities shall be located deli;+ed constructed nd managed to minimize interference with beneficial shoreline pro sses such as water circulation sand and,gravel movement. erosion, and accretion. 8. All shoreline development shall be located, designed, constructed and managed to avoid �✓ disturbance of and minimize adverse impacts to fish and wildlife resources, including spawning, nesting,rearing and habitat areas and migratory routes. Where a development cannot avoid such disturbance or impact, the developer shall be required to mitigate the impacts of such disturbance or impact. 5.5 ENVIRONMENTALLY SENSITIVE AREAS 1. Development in or adversely affecting unique and fragile areas is prohibited,unless it can be clearly demonstrated that the values and functions of the areas will increase as a result of the development. The Administrator may require that any mitigation measures associated with such development be fully implemented prior to development. 2. Development located in,or"adversely affecting sensitive areas,including meshes; , wetlands fish and wildlife habitats,migratory routes, spawning areas, seie-vistas, and unstable bluffs, or scenic vistas shall be avoided or minimized. 3. When a development site encompasses environmentally sensitive areas, these features shall be left intact and maintained as open space or buffers. All development shall be set back from these areas to prevent hazardous conditions and property damage, as well as to protect valuable shore features. 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IL t. : -;1 :. a\♦ (1 \ 1.- t 11 I • 1 • 1 ♦ % d 11 : 1 1 • i r1 t :J \ I \ 1 - - -111=771470 I - 1 ,141:111 ill1 1(.Mill. • \ r t •. - 1 • 157.31 - 1 11 J 1 1 Mrilm's",.. 1 -.. 1 (ta.,. 1 ' r ,.. \ - • - \ 1 1 \ 1 1 t.t 1 1 11 /: • a : i 1 I 1,.1 ,n r iron/ . • ' �1/ : 1 - 11 + 1 1 •;.. 11 I r - 1 % 1 K Y+ .� /1 1 -! a '. ar % 1 1 - 1♦t i \ 11 � d• To on 1 1 t 1 +. + 1 1 1 - 1 . i. yl - : 11 1 1 1 �i • I ! l'111 �I, 1 - 1 " :JI +. 1 1 - / - • 11 1 / 1- + 1 % ( MEMO 1 + 11 �• - r 11 1.. -• • yt:.l • - / - • 1 - 1 1 - + • / 1 -. ♦ Iy 111 1.\ 1 + 11 1 % 1 : [ ar I ra 1.4Itll - 1 • - 1 -Ir % 1 1 _.+ 1 �11 =1+ .• + + � 1 ar -1 U .. 1 ' AI 1 IC 1 ., 1.- 1 • r / �1 •{ i 1! • 1 1 too \ 1 1 • , («. 1 ' • : ,:,1 . 1 1,- t I +i. \ ♦1 1 I \ • 1 �1 - 11 \ •• 1 1 - 1 - - t 1 - . � N 1 ' Ilt \ •1 -' 1 yll y - _ 1 • - KILT t /(4 • f• 11 % 1 - •� ! 1 11 t 1 1 1 .,I t H / t :,1 1 • t • t 1 �11 ProgramKent Shoreline Master a. 1altemativevl 11 al not . The prQ.ject is located and• designed • minimize impacts • I the al / 1 1 11 al C. Adverse impacts caused by the=ject are suiCQuately mitivated- land 1 Any 11 1 located landward • L • tl 1 .,,r I • twater mark. 1 installershould reestablish 1 1/l=f. P Z •11 /n eleysition and contour of the lake or rCtl 4a1 Placement of All materiskis shallbe conducted in1111a 1 minimizes i=acts on the environment- and r f. The facility 1 the . . interest 8. Dredging which will adversely /l=. hahitat used 1sahnonidsfor 11 gr.1 . 1 • /rt . F rearing, and reffige aball .. all• . =,1 only�the=M=ent • r 1 conditional use permitqnd demonstrates at all . thefollowingy conditionsmet a. The dredging is for a water-doentient use7 . An rl : dredging. . 1 rl a .: - 1 e• 9 1 location. 1 . t feasible: C. The 1 ' . • 1 • activitiesare design to minimizeimgacts • 1theenviromnent, d. The dredging=ject is in the public intertat; Md ill create significant unavoidable advem impactq on habitaL the impacts : C 11• ar r creating in-kind,1 .11 all a l babitatnear the . r1 Where- in-kind mitigation not rib lerehabilitation of degraded habitat May be reguired as 1 t • Dredging and removal of bed materials below t1 ' • •W►/ r •bibited within 11 • 1 . JI 1 • 1. Permanent lake bed or IC • 11 cbannel modificationg andrrAlignments prohibited withingalmonsd 1 1 .a• when the . 1/.1..•e modjfirA1nnr,or l-.:. •JI 11 al ts part ofa fish babitat restorafign or enhancementt1N ".tl which 1 has been - / - . •r 1 / . . 1 • :1 by theWashington al rin - 1 of 1 and Wildlife,United f 1 Wildlife qmice- or the Army C=s of Engineers. 11. The removal of aQuatic and riparian . 1 within or sidjacentto salmonid 1 ._. shallbe minimized, Areas of dist3irbed earth 1 :, be revegetatedas soon as pgssibl- Section /—General Performance Standards Kent Shoreline Master Program 12. Outfalls within or Upstream of salmonid shall he designed and constructed to minimize scouring or other disturbance of salmonid snawrLg beds. 5.8 PUBLIC ACCESS 1. For all shoreline substantial developments within the Urban - River Resource environment if apubliic W&ess easement 1L not already been w=t_ed for the CY_reen River Trail system. a public access easement or land dedication shall be granted on land located within shoreline jurisdiction,beginning at the OHWM,and extending landward to a point at least fifty(50)feet from the centerline of an existing dike or fifty(50) feet from the OHWM where there is no existing dike—whichever is the greatest distance inland. 2. Within the Urban-River Resource environment one twenty(20) foot wide public pedestrian and bicycle access from a public road to the riverfront shall be provided for every one thousand(1,000) feet of river frontage or scenic drive frontage. 3. Within the Urban-River Resource envimnmest one off-street public parking space shall be provided for every one hundred seventy-five(175) feet of river frontage or scenic drive frontage. Parking shall conform to any applicable standards in this Master Program or other City requirements. In lieu of providing such parking, the Administrator may allow the developer to meet this requirement through payment or by development of additional public access. _y 4. In review of all shoreline permits within the Urban_River Resource environment public access in addition to that required above shall be considered. Provisions for such public access, which may include recreational opportunities, shall be incorporated into a shoreline development,unless the applicant demonstrates that one or more of the following provisions apply: a. Significant environmental harm will result from the public access,which cannot be mitigated; b. Unavoidable health or safety hazards to the public exist which cannot be prevented by any practical means; C. Inherent security requirements of the use cannot be satisfied through the application of alternative design features or other solutions; d. The cost of providing the access, easement, or an alternative amenity is unreasonably disproportionate to the total long-term cost of the proposed development; e. Significant undue and unavoidable conflict between any access provisions and the proposed use and/or adjacent uses would occur and cannot be mitigated. 12 DRAFT—Kent SUP:Section&0—Genera!PAAorrnance Standards 12114198 Kent Shoreline Master Program 5. Within the LJrban- Lake Residential and LJrbm- Strmam Corridor environments, shoreline substantial development permits may inquire co±r+mon open space or public access alonE the shoreline,when compatible with the natural environment. 6. All public access points shall be provided through an easement, covenant, or similar legal agreement recorded with King County. 7. Public access provided by shoreline street ends,public utilities and rights-of-way shall not be diminished. 5.9 VIEW PROTECTION 1. Except for existing or future arterial and freeway crossings,the following shall apply: Shoreline development shall avoid blocking,reducing, or adversely interfering with the public's visual access to the water or shoreline. 2. Visual access shall be provided and maintained in a manner consistent with this Program's requirements for preservation of trees and natural vegetation. 3. Development on or over the water shall have as low a=file as possible and shall be constructed as far landward as possible to avoid interference with views from surrounding properties to the shoreline and adjoining waters. 5.11D OTHER STANDARDS 1. Within the I hban -River Resource en 'mn+nent loading docks shall not be located on river-facing sides of buildings unless a inimum Ry(50) foot buffer of native vegetation is=vide_d to screen the loading docks from theshoreline- In no case shall c aging of trucks or trailers. or outdoor Storage or dilolly occur or the river-facing side of a building Other design and land nents may be imposed by the Administrator in order to meet the Yoals of the Act and the Kent Master Program, 2. Within the Urban- River Resource environment building lengths facing the Green River shall be limited to two hundred(200) feet. 3. Within the Urban-River Resource Environment.no structure shall exceed two (2) stories or twenty-five (25) feet in height except for bridge structures associated with arterial or freeway river crossings; telephone or transmission poles may be permitted as conditional uses. 4. Landscape screening and buffer strips shall be planted so as to be harmonious with those already planted on adjacent properties and consistent with any other applicable landscaping requirements. DRAFT-Kent SMP.Section 5.0-General Periormenoe Standards 13 1214198 Kent Shoreline Master Program the shefelixe. 6. Surface drainage facilities such as drainage channels and retention areas shall be designed,where feasible, to be integral parts of any common trail and QI open space system. . 7. Fxccpt for piers, docks floa+ and moora=_n the U ba_n -Lake Residential environment. there shall be no overwater structure unless it is demonstrated that such structure is needed to protect or promote the public interest,or will enhance public access and enjoyment of the shoreline. Over-water,. utted only in the I irb n - River ResoHMe and Urban- Stream Corridor enviraments,where a need for ate ev@F- wateF such crossing has been demonstrated,and such crossing shall(a)provide or allow for a safe pedestrian access under-the age-wherever the bridge crosses a potential river trail route identified in the Kent Green River Corridor Plan(1980); and(b) in the case of public roads,provide a safe pedestrian river crossing having a width of no less than six (6) feet. 14 DRAFT—Kent SAP:Section 5.0—General Performance Standards 12114198 Kent Shoreline Master Program 6.0 SPECIFIC SHORELINE USE POLICIES AND PERFORMANCE STANDARDS 6.1 AGRICULTURE Agricultural use meang land primarily devote to the ao*r g Wjal VMd,iction of horticultural. vitcultural- floricultural aia- aniary vr9dably. ors anal mdu ts or of berries- gram-hay. Mawr turf sped ChristMas trees not subiect to the excise tax imposed by RCW 84,33.100 hro ueh 84 33 140 or livestock and that has been in long-term commercial significance for agricultural production. The following Mlicies have been moved to section 4.1. MI 4. . Pelieiesi Performance Standards: 1. Erosion control measures shall conform to guidelines and standards established by the U.S. Soil Ceftsepvafieft SOFA"Natural rgnMation Service of the U.S. Department of Agricul Vlatnr t� •N++ent Manuat for he Pug �o nd B iaJ sin jwd avTnlicable local regulations and standard&. 2. Pesticides shall be used,handled, and disposed of in accordance with„nlicable Kent regulations,the provisions of the Washington State Pesticide Application Act, Ch. 17.21 RCW,and the Washington State Pesticide Act(Ch. 15.57 RCW), a-s amended.to prevent contamination and sanitation problems. 3. Livestock waste shall be disposed of in a manner that will prevent surface or groundwater contaminati - nda d in Qg liance with local regulations and standards. 4. Manure lagoons shall maintain a minimum one hundred foot Uffl _setback from any water body,river, creek, mod, and if located in the floodplain shall be constructed to an elevation one W foot above the base flood level occurring at the site-, and if possible, adequately covered. DRAFT-Kent SMP.Section 6.0-Specific Shoreline Use Polidw and Performance Standards 1 12/14/98 Kent Shoreline Master Program 5. Manure spreading shall be set back from the shoreline a sufficient distance,no less than fi$X(50) feet from the floodway boundary, edge of a manh,-begeF sw&%p,wetland or ,whichever is furthest,to prevent animal wastes from entering water bodies or wetlands adjacent to water bodies. 6. A permanent buffer strip of natural vegetation, or planted permanent native vegetation, no less than twenty(20) feet in width, shall be maintained between any tilled or pasture area and the ordinary high water mark of the river, lake,or creek, the edge of any nask; beg or xp wgibmd, or floodway edge,whichever is greater. 6.2 AQUACULTURE Aquaculture includes the fanning or culturing of food fish, shellfish or other aquatic plants or animals. There are no known aquacultural activities existing r anticipated within the thre shoreline environments of Kent. Performance Standard: 1. All aquaculture shall be permitted only as a conditional use. v 6.3 BOATING FACILITIES ) [previously Section 6.71 fef ton (IQ) or-faere beats. (See aloe sestieff6.19,PELRS AND DGCArcS).- Boa i g facilities include marinas boatlaimcbruM- covered mooras-boat houses- mooring buoys, and marine travel lif?s for ten(10)or more boats- For regLiat=Vu=ses. lame community moorage facilities. came or resort marina`would also be reviewed as marinas. Accessory uses found in marinas may include fuel docks and storagg,,boating rQuipment sales and rental,rcpai_r services,,public launching parking- gmceries and da goods. I ses and activities which are associated with bQIWng,facilities which are identified as separate use_in this master=g=(i.e..Piers and Docks,pre anted in section 6.9- OVERWATER STRUCTURES) are subject to the re;ulatio s established for those uses. err -tly,there are no boating facilities of this scale in the Kent shoreline jurisdiction. Because of the intensity of this use- it is unlikely that a marina would be g=gatible with aaWacent Aevelg=ent in any of the shoreline environments of L City- In addition- marinas ffee wildlife and fish habitats although the degree of i_mpW detods on such factors as the twe of construction and desitm- variety and number of boats using the facility and their density and operation characteristics. 2 DRAFT—Kent SMP.Section 6.0-Specific Shoreline Use Policies and Performance Standards 12114M8 Kent Shoreline Master Program If environmental or other circcp gt*s. TM es among the river chlange making this tune of development feasible and ecologically sound_ mid development of such f jlities is considered in the fut=. re¢Llations will be established jtamen ,neat to this master nroaram. Boatina facilities Shall he prohibited in the Kent shorelintjudadiatiM Use Geffibi--kag 6.34 COMMERCIAL DEVELOPMENT �.,.' Commercial development includes uses and facilities that are involved in wholesale and retail trade or business activities. Performance standards: 1. For commercial uses,the building setback line shall be a minimum distance of two hundred (200) feet from the ordinary high water mark. Parking facilities associated with such uses are subject to the setback requirement contained in the specific performance standards for PARIING FACILITIES(section 6.101. 2. Building setback lines shall take into account the need for visibility of the riverfront park system from public roads at access points. 3. The City shall require and utilize the following information in its review of commercial development proposals: a. Whether the activity is water-dependent,water-related,water-enjoyment,non- water-oriented or mixed-use; b. The need for the shoreline location; C. Special considerations for enhancing the relationship of the activity to the shoreline; DRAFT-Kent SMP:Section 6.0-Specific Shoreline Use Powes and Perlomiance Standards 3 12114f98 Kent Shoreline Master Program d. Provisions for public visual and physical access to the shoreline; e. For mixed-use proposals,pmwA mdek ..alternative mixes of water-oriented and non-water-oriented uses and activities structural locations, site designs and bulk considerations-,;alternative enhancements for natural features of the shoreline" physical and visual public access to the shoreline (both public and private spaces); and other considerations which address the goals and policies of the Shoreline Master Program. 4. New commercial developments shall be located adjacent to existing or planned commercial developments which are consistent with the provisions of this Master Program,whenever practicable. Ha-A A-lefl-d-iAWBej 080. 6.45 DREDGING Dredging is the removal of earth, gravel,silt or debris from the bottom of a river, stream or other water body or ,grew. Dredging material is Womed of on land or into water bodies and may be intended for then =se of creating new or additional lands for other Les. Dredge soil varies from cl=river Md to organic sludge. While some of this materials is deposited on land a significant portion is dnmper1.intentionally or unintentionally,back into the water or immediately aW acent to the water. Of all activities on shorelines dredging noses one of the gte=t threats to water a alila d aQuatic life, In most cases dredging occurs in shallow areas and Ma itiaturb theaQuatic environment in the following ways- (1)t=12g ary reduction of water clarity from suspended sediments. (2) loss of liQuatic plants ad animals by direct removal or from the svlimentation of sug=ded materials, dl alteration of the nutrient and oxygen levels of the water colum and(4)"claim sioonn of toxic materials from the sediments into the water column. All dre�`rg activities shall Gomnly with other Sate and fad" re ilatio s- as discussed in the Performance Standards portion of section 5.7 of this master gmgm Performance Standards: 1. Dredging to obtain bottom materials for the purposes of landfilling is prohibited. 2. Dred,SL:operations sha11 be sched pled so as to not materially interfere with the meveme„®_life gulg mQuirements of fish. 4 DRAFT-Kent SMP:Section 6.0-Speck Shorskw Use Policies and Performance Standards 12114198 Kent Shoreline Master Program 3. age material_disgsal in water bodice shW1 be nrobibited except for habitat `-` JM=ement M=Ses- 4. T)Md2ing and dradgc material disoocal shall be located and conducted in a manner that rriinimi,ec tiamagg,to existing ecological values and nAWW resources of the area to be dredged and of The disposal site. 25. A plan for deposit of dredged materials must be approved by the Shoreline Administrator. 6.96 INDUSTRIAL FACILITIES Industrial facilities include facilities for processing,manufacturing, fabrication.or storage of goods. Performance Standards: l. For industrial uses,the building setback line shall be a minimum distance of two hundred (200)feet from the ordinary high water mark. Parking facilities associated with such uses are subject to the setback requirement contained in the specific performance standards for PARKING FACILITIES. Additional applicable development standards argnrovided in Section 5 10 (OTHER STANDARDS)of tlhe general performance ntaridards. 32.. Building setback lines shall take into account the need for visibility of the riverfront park system from public roads at access points. 42. New industrial developments shall be located adjacent to existing or planned industrial developments which are consistent with the provisions of this Master Program,whenever feasible. 6.61 LANDFILL Landfill is the placement of soil, sand,rock, gravel,or the other material to create new land along the shorelineweas in order to raise the elevation. l annr,ll is Ls Ially c nsi&.cd in locations when the w tsr iS Sballow and where rooted ye,getation often occurs. in their DaMW tion.'` me"me areas nroldbe valuable_habitat for �� steel*,•�• Rin1n,�Wly the shallow vegetation areas tend nsii and wildlife ieedin¢ er- — --- +s to b highly productive ngrtions of the Green River, Take Meridian_ and Big Soos Creek, For DRAFT—Kent SMP:Section 6.0-Specific Shoreline Use Policies and Performance Standards 5 12(14M58 Kent Shoreline Master Program these reasons,govemmental agencies and scientific "perts have,gully taken a gWd against landfilL A small landfill occurring on dly land landward of the gMdiAW]high water mark_ such as a ga •en or a candhox,which doe not exceed a cost of two lbonand five hundred(S2.= dollars. does not mquire a shoreline substantial develoement ts=it sm noted elsewhere in this Master Progr, m- Landfill d yelornnent.however.must com++ly with all other applicable policies and reglilat o s as defined in thir rite pMaram T A WMI activities not in cmpliance with this master=gramm are prohibited, Performance Standards: 1. The following information shall be submitted by the applicant for landfill projects: a. Proposed use of the landfill area; b. Physical, chemical, and biological characteristics of the fill material; C. Source of the landfill material; d. Method of placement and compaction; e. Location of the landfill relating to natural or existing drainage patterns; f. Location of the landfill relating to the ordinary high water mark, or any begs er-swamp-wetland; g. Perimeter erosion control or stabilization means, and schedule for implementation; h. Type of surfacing and run-off control and treatment devices. 2. Landfills shall be permitted only where it is demonstrated that they will not result in the following: a. Reduction in water quality, fish, shellfish, and/or wildlife habitats; b. Adverse alteration to natural drainage and circulation patterns, currents, rivers, and tidal flows, or significant reduction in floodwater capacities; or C. Adverse alteration of geological processes along the shoreline. 3. Landfills waterward of the ordin=high water mark shallbep +ern tted only: a In coni ,n h^n with a water &Va+ast or public use 2=itted by this master program. and for Ny irh there is no practical alternative: �. 6 DRAFT-Kent SMP:Section 6.0-SWft Shorskie Use Policies and Performance Standards 12/14W Kent Shoreline Master Program �✓ b. In coni nc ion with a bridge for which tbare a demo strated public need and where no feasible upland sites,design solutions-or routes exist; C. For fisheries or wildlife enhancement Mjects: and d. As part_of an annroved beach restoration=jam 34. The fill shall be the minimum necessary to accomplish the proposed use. This use must have shoreline permit approval or an exemption authorization prior to placement. Speculative fills are prohibited. 45. Where existing public access is reduced, equivalent public access shall be provided as part of the project. -6. Any placement or removal of material-_ landward of the ordin=high water mark shall cam ly with the general performance staDdaE&in section 5.3 (Clearing and Grading)- 6-7 MA1 UN" [This section has been merged into the new section on BOATING FACILITIES.] `.J 6.8 NIINING Mining is the removal of naturally occurring rock, sand,gravel and minerals from the earth. There are no mining activities existing or anticipated within the ahoreline jurisdiction. If such uses are proposed in the future,regulations will be estab iiahed by amendment to this master progr=• Mining is u prohibited use activity min all environments of the K=Lshoreline jurisdiction. 6.9 OVERWATER STRUCTURES: PIER,DOCKS,FLOATS,BUOYS NOTE: [Text in bold, italics and underlined and in this section is from the King County Shoreline Master; the underlining indicates that it is new text proposed for the Kent Shoreline Master Program. Text that is not italicized or bolded,and double underlined is a recommendation for a change in the King County text. DRAFT-Kent SMP:Section 6.0-Specific Shoreline Use Policies and Perionnance Standards 7 12114198 - If' 1}..I a I . 1 - • ti I • -.. 1 • I a.. a 7. . • - 11 -p - 1 . . a : r . ee z -. - • I r.. ! . ry - . : 1 1 ':I 1 1 : ..� a r l IP..- ■ /. a- 1 1 1 .I . ! 1 . - 1 • tII - 1 . . a 1 ar al + a/ • 1 . 1 / T 1 t • 11 •• t I ' till - . >,a 1 1 1 • 11 t-• 1'' +1 " 1/ •�. Y • I a. 1 ' 4 + -�. . t 1 . • . I .It: L.iW6V I or .aP 1 i71 In, p tl *Iiililr 1:• 1 f . 1 �.. . . (. 1 • 911 • - 1• . I1• 11R i 1 : :� : 11 . �,t U ..I Y ' t :.• . =.. • i . . 1 • . - / . 1 , 1 7Q I - . t L• 5 . 11 L I . 1 1 . 1 I P I - 11 .1 t - 1 M111 1 , - 1 - wailiTH dFima 1 - - , ti` `11 : . 1 1 - 1 • C 1 - + • al . I .;. - a11.a- . 1 �, 1 I,r 1 I a 1,.�•. / .11 I It 1 11 al � y1.�, . :., 1 • t •� 11, is a +.�f. . civil 1 1 • . a • •. 1 all • 1 • Y• •.1 1 • i1 11 al 1 a . MM M1 Ilan itsWIWIF 1 .• - • • A' t al . - 1 . T, 474 r a ah • • 1 • • - . afF ` I Ir CI / , a aF - I.• I • I I 1 • I • - C• o1w-TIVIVII . 1 . • aF II t.�d 11 al • I •:lei fa tl • • 1. la.. • 1 - • "1 • 1 . I l• - I . / • 1 t ' 1..'TEN • I . 1 • - 1 - 1 - 11 I I a.• 1 . 1 . - �1•- 11 . t a • 1 - I a .,. + al : • I ` 1 - 1/ at •. : i la - 1 - ! - 1 1 • - 11 • 1 aF y . 1 .." a.•, 1 / • . •a I 1 - .al t . a 1 A l 1 ,! . 1 ./ 1 • 1 a 1 • - 1 - / ti` I t 1 ` .• P:1at A • 1 y •. 1 I 9 .i7W to I I,ti@ 1 I ' 1 I / 1 11 •. I • 4 11 1 • 1 • . I 1 �1 P ti .. / I.: 1 . 1 s.a � - 1 a . . t • all . 1 .•. 1 •.• •. / • .. 1 a. 1 ' . 1 I I I ..I f, - a . :.,•,11.M f: i '. 1 i ..t <: Is 1 • f: • - _ 1 1 • 1 I MW 1 ,+ 1 . rl 11 1 , • •. a `JI - 1• 1 r t ! • 1 • 11 11 al a - tlf� 1. sk t1 iiI I : y 1 ' .I11 I 11 ti'. . 1 1 11 a - 11 C • al - : 1 1 I 1 1 ' 1 ' 11.1JIF • : F : 1 1 1 -,a 1 • Ill 1 I .'.•+ al . • •, • il�i 'i •.+ './ 1 1 1 . 1 I t . .. a Il t . 1 Will I a 111 1 - .+ aall .II • 1,1 1 y I;.: < !. r -► i:a 11 dl I.a 111 I F 1 f c / a. • Ilual . (. .1 / . aF , a 1 .. a t-- ail) 1 - 1 - 1 • I. • 1 • , all 1 fl• 11 , - -• an al . I y 1 a - - . a II - I too Kent Shoreline Master Program 2. The p= Al is JWWbi3t located and des;Sned and ChAt skil noten i 1 impacts have been recognizedand i igo_an_d 3. The nm os 1 is consistent with the intent,policies, and reglations of the Act.RCW 90.58.10(12) and this master yLgMAMM. Performance Standards: 1. Overwater structures are prohibited in the Urban-River Resource environment and the Urban-Stream Corridor enAronment Z as nrovi" for in Section 5.10. Dion and 2. Overnvater structures may be permitted in the tlrban-Residential Lake environment. urovided: a. OverNater structures which are not ac essory to a residential use req 'IL-Te gg conditional use permit. b. No reddesdat dhIUkg unit may be constructed on a Bier dock or other moorm facility. ..: C. The design, location and construction of piers and docks shall minimize adverse effects on fish, shellfish,wildlife, water quality, and geohydraulic processes. d. Piers and docks shall be located,designed and operated to minimize interference with adjacent water uses. e. Location and Dimensions il i d , ..0-ka .. [replaced by...J L No pier.da:k,moorage, float or JAMaghing facility or structure authorized by this mastery Vm2ram Tway he i woW nor emend further waterward of the ordinia high water mark than mit fjaur k_(1/4`*) the total distance AM the sh MCNEe to the aneost!o shore&e� This i.0 he aev red m h poinnt where Me au horizd structure ghats tie drdAIX A ii�h water mark to the Mearm_--W- W gcdig=&W *vest hark m measured aLmg a sbWght 1 •nrmd when the sirueaw Ames not abut the ordEnary hW water mark the distance from one angm=W4 water mark to the nnnoske DRAFT-Kent SMP:Section 6.0-Specifk Shoreline Use Policies and Performance Standards 9 12114198 INIIIi...,. Kent Shoreline Master Program one gnum ,,hw Wamr mad r®d along the shortest ctraigb•fine Vg&%jdg thromgh dw comes itfgW er yanre which commences ftm the prOJIMUJine&n0GI=ted with the structure I No n% moaW& dwL or smusW scow or deceitkg shall be located closer than,jfiA= as)&a am the aide omega a e wdeAdrA amo that such structures may abAtJUJOP"knes from the use of gt(laMt arejbcm owners Haon by the aMperty AAR '� 92dW Ar bU ffdW9 Ar orelitue; Jff sSLdh Mint use piers mia beA rm n d g12 to Mdee the e6aee area&lowed by this le. iii. No aim inducing AafffiE or oIyj3jWW structure or des„ee shams/be wider tha-M n- aermt aos)l of the lot with which it is associated ix All nips docks moorages-fly or er such structures shall float at all t mes on the oL,face of the gaw ar*b n be of am cmStru •• L W me aatao aL &e Ah 4ra nier dyQ during the course the norma_/amctuatiaes a�the n ofthe water_bo�i. protrude more than ft(1) feet above the ordinary high water mark. [if covered moorages allowed this should be conditioned to except for that section.] NOTE: [Under the WAC,when a jurisdiction annexes a shoreline of the state,that shoreline shall continue to be subject to the previous governing body's regulations in force at the time of the annexation until the annexing jurisdiction can amend its shoreline master program. In the case of Kent, Lake Meridian and a segment of the Big Soos Creek were annexed in 1996. At that time, Section 25.16.120 (c) of the King County regulations stated: "No covered pier,covered moorage, covered float, or other covered structure is permitted waterward of the ordinary high water mark." In 1997,the County amended this language to clarify its regulations and allow covered moorages. The language presented in(f)below represents the language currently in force in Kent; the language in(g)below provides an alternative to (f)and represents 1998 King County SMP regulations. Section(g)would be listed under the Overwater Structures Accessory to Single Family Residential section on page 15. Regulations pertaining to the Overwater Structures Accessory to jhplex and Multiple Family Residential appear on page 15]. 10 DRAFT-Kent SMP:Section 6.0-Specific Shoreline Use Policies and Per Omwncs Standards 12114198 Kent Shoreline Master Program f. Covered Moor a No covered o . covered e000rag,4 covered float. or other cpvered structure „ , :« a . . and a£ihe ard3nary high water mark. ALTERNATIVE to 'f'above— Use current(1998)King County SMP language which allows covered moorages. If moorages are allowed, this text would be placed in subsection g. of section IL Overwater Structures Accessory to Single Family Residential Development"because moorages would only be allowed accessory to single family development(p. 15). In addition, subsection f. under section 11. Overwater Structures Accessory to Duplex,Multifamily, and Planned Unit Development" (p. 17) indicates how covered moorages are currently regulated under that land use. This section would be placed under section "k. Overwater Structures Accessory to Single Family Residential Development." g. Covered Moorygg Cuhweernel free-standing mechanical boat ems . rss dMdal pkm and recrca&nal wate=Jt g=he covered with a canonv prrovided: L No canggy shall be more than 25 feet in length or wider than ]5 fg �--' if, No pardon of the Pak/=shall exceed a height of LQfAd ..b ye the_gEdlnar hW water mark: HL The cangAv sha'I Ae no time have any sideAartly or r who. l�iv iv. The hioest ngc&o Itf Le can w,'shall be located below thethe�p, graoT!gem*gtexisting homes on surrounding pronertles: V. CaniDles shall be made out of canvas or other such _ionic nw&Z aie, vL CanoD es Shall d should be of a shade aahLithat is nonobtrusive: vfi. The canna I&M he 'mcluded in the youarg Rootage calculations for pi_ ..n damMeraid In secdon afa above: td vUL Only one boat lift'can=per sing&fay &resLMce shall be allowed DRAFT--Kent SMP:Section 6.o-Specific Shoreline Use Policies and Pedormance Standards 11 12114198 ProgramKent Shoreline Master adjusted][ifsection 'f"above is removed(that is, if covered moorages are allowed), the numbering of thefollowing sections would be _ All ovezwaterstnicturep khall be .• r::n1 .M.-I and maintained in : safe nnd Sound condition. Abskndoned or nsafe overwater Ktmcturesshall he removed =aired OrgWIX 1 the • JIy h. • 1 1 1 ' Pursociated with • e1\•A.d structures ShAkIll 1. beamed- 1 •• 1 -,1 or direct�.• to avoid causiny glare on ad-ililgent UMACWea or water bodies. i. Piles. floats or other structures A direct contact r water SbAll not be treated coated with herbicides- fungicides pskint, or 1e 1 • 4•I. 1 n1 • of . •••.1 members ft-eated with arsenate ,• IA r,• e 1 [ or creosote is discouraged and shall only be aHowed in accordance with the following pmvisione i. XJnb=todwood-V=ast concrae or othernontoxic altd•1.: 1 - shall 1 " toxic treatments 1 which yAII 1 • I 1 - the sIC t characteristics necess= for 1 1 j. T=Uor=moorago shallbe permitted for yesgels used 1 1 - construction shoreline 1 - The / y. 'JIee congtruction ofsuch moorages. ..t ll 1 - such that jWn termina.Ion of 1 - pmjact themQuatic habitat 1 the affected areacan • - retumed to its original / .• 1 .. 1•. t •J1condition within • 1 " 1 o cos to 1 - environmentor 1 public, k. Overwater Structures Access=to Single Farnily Residential Development Piers, mooragaL Ug=or r y re.T rl (g be l // f r acccLwZv to r t '.rr -1 FuNexce. I c/ I r a. ah and Docks, MSC Ii /wmr"amt be consUeredan MWt use on when dmensaxwneed fim mednw and that fkgfa9ewkg --t/I -dy has been 1 Widgatednot available / ' I ar Al- / I .lUsemogragg / ProgramKent Shoreline Master morethan onepkx.fgr eachraidence , i[ .P I 3. On Ifigs Wkk lem thm l.11a achWO&CNAt. QBJY r r rf.r li :,y Am hem -7'.'..1 estabMed Vim_ 11 than I Pf. -fame '0i //I(' [ be Izermbied an Dr dock -AI/don 1 .1 I f 10 N Or I Agini where t •y A .d'.. ,.I71 w Mow the • 1/ '.r / /' Ai" oji .i I Kent sborelinedl / N 1 11 O &4mmWFd4ff a .ruvv��ua,v nwdk �.w idmee my I r r . .[ corridors: .vv16 v.r•i-.3lrr. s.. ru Ser [consolidated y I / I . ■1 11 intrusion of- I 1:• ! • 1 • 1 Jamughing Kent Shoreline Master Program feet below lbs ordin=higb water mark,whichever is reached first._f Z, Lstunrliny rails shall be Anchored to the ground with the other=s whieb solidly cover the water body bottom are not permitted. 3. No more than one(1)launching rail per single family residence is permitted d. ma he D=itted as an accesaorv, to residential develg=ent under the followine S�IIdill�llli.: 1. (rewritten and Manded as follows:l 2. distaece of eighty(>IM fUL nr At the e+-* where Le water ..i denlb is thirteen (13) fleet below the o mark whichever is reached first. 3, Re&ieval Unes sh&U not float at or near the surface of, the water q, Area No &W shall have more than one hundred and Aft(1 ) Wmare&d ofcudmce area. $. Hei2ht Floats must be built so that the deck surface is one (1,) foot&Wye the waters surface and tha must have reflectors for niahttime visibility. e. Excav&W Mooragg Mips, j_yray fad moorage s! s are f 717.. ... -- ..11p if than f ri 14 DRAFT-Kent SMP:Section 6.0•Specific Shomfine Use Policies and Performance Standa -uv e I I I r li r • : 1 1 1 ! / 11 IS i. A- ar / I I / I ".r/.T.i I r 'r ",I / I rII / r..t f• 11 / uII ! II / I• I • Ir ! r 1 .-J 1 -4 117r.rorlso 11 In W.77 . 1 r ti 1 1 ...5 17 / II r rr. , .r . Rl l I I Kent Shoreline Master Progmm r •.� id-' r I " I 1 � l av�>.a au:b mm r rr..r . r. , condidojw .is a 1. T1 - maxim- 11 �i►_.. 1 ;mnicinin nf stinv1,• 11 • 1 •feet below the grdinja bigh water mark- Whidl=.ig reached firs 2. Launching 1'. AM beanchored r " IthegMund with th ' r l.' f H" 4" t {1( .r{.r r- A&ehalt or r r cm as r r other " ri whkk saUA(vU water I IJI boftom are r r u .f. . 3. No morg than tw Q common use launching " r; r 1 Iminchiggy r2fmr eAwk one kundred l ! a il « } " rr dgMIgMemiLshort subdUsion. subdivision / -planned " " ddimftmeW is A=itfeA be /CM 7 ZI ar an : :.YJq to di/le diMlex and Multifamily residolW 1. One rr,.i ,,W djjWu and muliffimi& L7 f rub t. .vur ' .". rshort .'.fi. ." ! or " " l ! " unit WmiftrA Kent Shoreline Master Program u [rewritten and expanded as follows:l 2. Floats may be located up to a maximum waterward distance of eighty(80)feet, or at the point where the water dCplb is =(131 feet below the ordi =high water mark_whichever ig mjWJW.first, 3. 8etrieval lines shag A.r&at at or near the surface ofdw water(included in single family regs). 4. Area No fiM EhM have more than one hundred and fifty, aSl1)jguare feet ofsurfaee area. 5. Hight. Flosts mUM be Wit so that the deck surface is one (1) foot above the water's surface and they mut have reflectors for nighttime visibility. e, FXeavated moovW ,s Eha not be AMiyed accessory to da and muW&tn6 dnualarrment or as common use ra accessory to subdivisions, short subdivisions or planned unit �-► deodpments. f Covered Moorage, No cov d Xim covered ilia: or other covered structure wxAsM t2 dqjda and multifamily dmrjeAmats, S..AdhgA&a._ .Awt subdhddon. or planned unit deg ment is permitted waterward nfthe ordinary high water mt! &_ 6.91Q PARKING FACILITIES Parking facilities are areas for the temporary storage of motor vehicles. The followine provisions AWly only to parking that is mcessory to a permitted ahoreline use Parking as a Frimary Lse and parking which serves a use not permitted in the shoreline jurisdiction'ction is prohibited. Performance Standards: 1. Parking facilities shall be allowed only to serve another permitted use. 2. Parking facilities shall be set back a minimum distance of 100 feet inland from the ordinary high water mark,or sixty(60) feet inland from the right-of-way of a scenic and recreational drive, or seventy-five(75) f--t inland from the centerline of a dike, whichever is greater. DRAFT-Kent SMP:Secdon 6.0-Sped&Shonsllns Use Polk ies and Performance Standards 17 12114198 Kent Shoreline Master Program 3. Parking facilities shall be designed and landscaped to minimize adverse impacts u= 4acent shoreline and abutting properties and to enhance water quality,wildlife habitat, scenic values,and public access. A minimum 50-foot buffer of native vegetation shall be required to screen the parking area. Other design and landscaping requirements may be imposed by the Administrator in order to meet the goals of the Act and the Kent ShQxdi=Master Program. 4. Exterior parking facilities for nonresid tt'A1 R M "U be landscaped with ve¢etton in such a manner that plantingsproyide effective screening within three(3)years of project completion. 45. Parking facilities shall provide adequate facilities to control surface water runoff andA.Q prevent it from contaminating water bodies. 5. Lighting associated with parking facilities shall be beamed,hooded or directed to avoid causing glare on adjacent properties or water bodies. 6.10 PIERS ANID DOCKS This section has been moved to Section 6.9, OVERWATER STRUCTURES:PIERS, DOCKS, FLOATS, AND BUOYS 6.11 RECREATION FACILITIES Recreational Facilities provide opportunities for relaxation,play, amusement,or contemplation. Recreational facilities include parks,trails,pathways, and areas for passive recreation such as bird watching,photography, and aesthetic enjoyment. This section anWies to both public and private noncommercial shoreline recreational facilities(excluding private residences)in Kent. Policies moved to Section 4 Pelieiesi Moved to 4.5.goal 1: Deleted entirely: Moved to 4.5. "11: 18 DRAFT—Kent sMP:Section 6.0-specific shoreline Use Policies and Performance Standards 12114198 Kent Shoreline Master Program '�✓ noleted here in Goal 2 of 4.4 Yehieles. Moved to 4.5_goal 1: Fb 14. Performance Standards: 1. For recreational facilities which are structures,the building setback line shall be located a minimum of one hundred(100)feet inland from the ordinary high water mark, or SbU (60) feet from the right-of-way of a scenic and recreational drive,or sev -five (75) feet from the centerline of a dike,whichever is the greater distance inland from the river. Parking facilities shall be subject to the setback requirement contained in the specific performance standards for PARIUNG FACILITIES. 321. Public recreational facilities along the Green River(Urban—River Resource environment) shall provide public access to the water's edge at a minimum of one access point per mile. No recommended mi im lm public ac&C3s intervals are required in the Urban—Residential Lake environment_a•�e�) or the Urban-Stream Corridor em^ronment Big Soos Creek), 4. In the Urban River Resource environment(CY1•een River).ngublic access to the water's edge shall be provided wherever feasible. 5. Recreational facilities along the Green River shall connect to a trail system along the entire river. 6. All recreational developments shall matte adagknrovisions for: DRAFT—Kent SMP:Section 8.0-Specific St►oreline Use Policies and Performance Standards 19 12114198 �p11/ • • a ".1 1 • 1 11 • • [ L.1 1 1 • ',1 yl� I 1 71 r `fl • 1 • A - y/ - • 1 • : • : -.;X. 17 V!X„-!a_ 1 • 1 ' / 1 • 11 �,1 [ . II • 1 . I1 rd - 11 ells dlTel H JI 1 1 1.1 1 - / • 1 • 1 • 11 •. 1 1L,1 1 • Iyl •7131 rem, 1 - Y.1 1 • . I1 1 - �111 1 •_11 1 : i �� 1 • • 1 e - • 1 11 - 1 IV 11 • :. 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IU 11 1 - 11 1! - 1 - I• I _ � - 111 1 • r �l 1 • 1�- q 1 r • r l• � : 1 - 1 ' �l•.• 1 ' 1 • - 1 - 1 1 - Kent Shoreline Master Program ° meads Uses and activities related to bulkheads which are identified as separate use activities in this =gram such as I ANDFILL and RESIDENTIAL DEVFLOPSFNT,are 511bject to the regulations for those uses in addition to the standards for bulkhead_a established in this section. ° Rock Weirs, ietties. and Groins These J=es of struc=s obstruct sand and sediment carried by the littoral drift action along shorelines. Trapping sand will effect plant and animal life to some deg=- in areas of gjgnificant sand mi,;ation al^ng the s`>orelinr, s_: �v comer acnm&life while he consequential effects in other areas may be v=small- SeamtL c angel in wind direction-the locations of sources of beach parent material- and the q an ' f sand and sediment tranned by such structures affect the degree of impacts they may hgve, Exemptions The follow 'na uses and activities related to shoTeline sta ifi ation are exempt from the rreQltirement to ob ain a substantial develg=ent nw.mit bixt moat otherwise w=4with a icable Vm3jsions of the Shoreline Aaannaoement Act and the local master=&=- These exoalWons,along with additional exemWons- are discussed in Chapter 7(Administration)of this Master Program). ° Normal Protective Bulkhead. Emergency Construction Nece&%ty To Protect EaMc tv From Dam"C By The Elements, ° Dikes,Ditches and DWnc_Q+eration and Maintenance Watershed Restoration Proiects Performance Standards: eFesiex: 21. Such works shall provide for escapement of fish after high water. 3. AIR f-A-e i eefitml eels shall! a- s✓ DRAFT-Kent SAAR Section 6.0-Specific Shoreline Use Policies and Performance Standards 23 12114198 Kent Shoreline Master Program v' by&0 FiP �1 � 6- [revised and shown as standard 10 below] [The preceding performance standards have been replaced by the policies which appear in Section 4.5 (Shoreline Flood Control Element) and the performance standards as listed below. Both the policies and regulations expand on the existing standards and are more specific to the types of shoreline stabilization that Kent is likely to experience in the future. References to engineering requirements have been removed since these may be more prescriptive than desirable for successful habitat restoration under existing best management practices] 2. Shoreline stabilization and modification=jects shall provide evidence of all efforts to avoid adverse impacts to the em^ron_rnent minimize all adverse impacts- and mitigate all adverse impacts as red nire >�d by the City, -- 3. If MIblic funds are used in the constniction of shoreline sta ili7a ion and protection projects, including dikes- levees, and flood wails-VMblic rights-of-access to such works {l sir .i 12rior to construction- if compatible with pro cclion of shoreline resources. [previously#7 above] 4. Beach Restoration and F. h_ anent a. Bach enhancement may be Dermitted when to 20licant has demonstrated that thhe�project will not detrimentally i ten- 0 littrn's_1 processes.redirect waves. current, or sediment to other shorelines- or adverscly affect a 'acent properties or habitat, b. ;Tatural Beach Restoration/Enhancement i Desizn Standards Natural beach restoration/enhancement shall not: a. F- `cnu waa erHn=d.3r than th minimum amount necessaZ IQ achieve the desired stabilization' b. nisturb si2 ific nt 2mQVW of valuable shallow water fish/wildlife habitat without arn=date mitigation of the impacts, 24 DRAFT—Kent SMP:Section 6.0-Specffk Shoreline Use Policies and Performance Standards 121141'98 •1 � 11 • 11 I 1, . . 11 : .-.11 ' • . - .,1-1 .I • . . 1 1 f •1 - • �1 1 -,:, t ." 1 :.1:R 1.1 11 :, - 1;1 1/.- • 1 =.1 I - 1 1 r 1 1 ♦IM 1 A • r . 1 Too 1 - 11 I / 11 1 • I 1 I y1_ : 1,1 1 •il Ilr I,f 1 1 1 • f 1 1,71_Mrs1 : 1 $T :.1.. .A a 1• .,r v y1:,- �C 1 1 (: 1 rold. 01471 1 u. ,:.tA �'.Y II -11 : • I i l .1(,; :.� • 1 - ! 1 :. ./1 1 • -4 tell I go •)doll 11.) (v.: • 1 I I •J 'JI 1 •. 1 • : • yl J 1 - y11 • 1 • -11 •JI .-1f 1 ' 1 • = A ' - 1 ' t 1 1 11 �( .. . •1•. IIR f I 1 ( 1 : - -.1 . 1 I - y• I ,=1 1l.11 •SI • • J t • .f 1.'11( 1 • i 1 (( .1 i • • _!/ l i s ,� 1 A 1 lam' (. 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I ! - - 1 • 11 I - . • 1 - 1 • 7 K Mill- -is 11 . 1 1 t l�l -.-1 •g�: V . . • 1 : \ 1 1 .a 11 - % 1 1 tl • 9l ! - / 1 .• -.1 . ! 1 11 1 - 1 i 1 ♦I ! 1 - 1 - ! r ! - •.1 • 1 1 1 • 1 - • 1 1 . \ 1 1 '1 11 • 1 • 1 : 1 - 1 . 1 - M •1 1 1 [ . • 1 tlltl • 1 :./ 1 • 1 1 1 1 O 11 1 - • - 11 r! - 11 , . 11 1! 1 " r Me 1 " ! 1 � - - 11 - 1 - . 1 1 •.\ 1 • 1 . •. -1 11 . 1 - �� - 1 •. 1 1 � y1 �JII 1 / 1 -: 1. 11 � - tl y1 11 11 4,1 : 1 1 • 1 tl 1 I • 7. 1 ' - 1 r l ' tl 11 11 1 1 r 1 yl 1 1 1 .% • - yl . 1 =1 �11 .- yll - 1 1 1 1 1 1 111 tl ! 1 1 1 • �i �.1 . 1 - : 1 1 r / - 1 1 r tl Kent Shoreline Master Program dig=air that iS located more than three (3) fed waterward of the ordin=higb water mark Renlacement of such bulkheatis shall be located at the ordinary high water mark. e. New w l h ads shall be allowed only when evidence is presented l conclusively demonstrates that one(1)of the following conditions exists: i. Serious wave erosion threatens an established use or existing building(s) on uplandproDCUe or I Kulkheada are necessary to the.gpg aeon anti location of water-dependent and water related activities consistCat with this master pmgo -provided that all alternatives have given in_ f>rQ'-ble(Le..u. relocation,ue desiM nonstnict iral sh^.re c_tahil�on g]?tigW and that such bulkheads meet othernnlicies and regulations of this chapter or R=sals for bulkheads have flrst dCMWWnW that use of natural materials and processes and nonstnictural solutions to bank stabilization are,muorkable in protecting existina development. f. When a bulkhead is rewired at a public access site provi4ions for cafe access to the eater shall be incoroorated into bulkhead design. 9. Stairs or other y=Rted strucfi'res may be built into a bulkhead-but shall not extend waterward of it. h rill behind bulkheads shall be limited to an average of one(1) cubic Yard ner running foot of bulkhead, Any filling in excess of this amount shall be carLhdered landfill and shall be subi ct to thennalicies 2nel reigulations nMlWning to landfill activities in this ma_ater=gram and the requirement for obtaining a shoreline substantial development permit. 6.14 SIGNS For the purposes of the Shoreline Master Program, signs include any structure, device, letter, figure,character, poster,picture,trademark or reading matter which is used or designed to announce, declare, demonstrate, display or otherwise identify or advertise,or attract the attention of the public. Signs do not include official notices, direction,warning or information signs authorized by a court, federal, state or municipal authority. Policy: 1. Vistas and viewpoints should not be degraded and visual access to the water from such vistas should not be impaired by the placement of signs. DRAFT-Kent SMP:Section 6.0-Specific Shoreline Use Policies and Performance Standards 27 121i4138 Kent Shoreline Master Program Performance Standards: 1. Signs shall comply with the City'c sign ordinance (CI ptP* 15.06 KCCI. except as follows: a. All signs shall be located and designed to minimize interference with vistas- im ' is and visual access to the shoreline, b. TerMrl=or obsolete signs shall be MMgWW wiLbin tan (1Q) d"of elections or termination of any other fin,etions Kxamp lea of texnynorary signs include* real estate cicma directions to events-IMlitical advertisements event or holid_y signs and construction sign,, 2. Allowable Signs The following I es of sigiL MAY be allowed in all shoreline environments: a. 'later navigational sigar, and 'ghway_gr_gn necesary for operation. safety and direction. b. Public information gisms directly relating to a shoreline use or activity. or educational and interpretive si,;+c usociated with an adiacent trail system.park_ or open space, C. Off-pr 'se freestanding signs for community identification, information or directional purposes• d, *rational site and institutional flags or temnorary decorations customary for special holidays and similar events of a pub is afore. 3. Tha IWIRA Prohibited in the shorefine 6igU. The following�i nc are prohibited in the shoreline environment: Is. Off-premise signs and billboards; 212. Banners, streamers,pennants and balloons; 3n. Animated,blinking or flashing signs. d. Signs placed on trees or other natural features, 25. Lighted signs shall be hooded, shaded, or aimed so that direct light will not result in glare when viewed from surrounding properties or watercourses. 28 DRAFT—Kent SMP:Seodon 6.0-SpeclfPc ShorNJne Use Polk ies and Performance Stand Kent Shoreline Master Program 6.16 SOLID IWA&FE D18PAfi�4I [Incorporated into the Utilities section] 6.1615 TRANSPORTATION FACILITIES Transportation facilities are those stru tures and that aid in land.air, and water surface movement of pcFle. gn aand services. include, iaehWiRg but mm-not limited to,-euek-deviess-es-roq d s and highwjay8- ridges,bikeways. trails,and trestles, and associated develQDment such as ramps or culverts. Performance Standards: 1. New rail lines are prohibited within dw&WLshoreline environmen 2. New road and bridge construction in the shoreline jurisdiction shall be rninimi7.ed and allowed only when related to and necessary for the support of permitted shoreline activities. 3. FFxp nsion of existing roadways shall be allowed only when the proponent obtains a conditional use permit and demonstrates trate h a. No alternative route is feasibleL and b. The roadway is constructed and maintained to cause the least possible adverse impact on the land and water environment- C. The roadway is found to be in the public intent 24. Along the Green River shoreline: a. Roads extending ajong the shoreline shall be limited to two lanes; b. Roads extending along the shoreline shall be developed as scenic boulevards for slow-moving traffic; C. Roads extending along the shoreline shall provide a trail system separated from the roadway; d. All lots and buildings must have road access without using scenic and recreational roads as defined by the Green River Corridor Plan; e. Development shall not include street connections to scenic and recreational roads; DRAFT-Kent SMP:Section 6.0-Specific Shoreline Use Policies and Performance Standards 29 12114198 Kent Shoreline Master Program f. Development shall not force or encourage traffic from the proposed development to use a scenic or recreational road for access; and g. Development shall not force or encourage property outside the proposed development to use a scenic or recreational road for access. 35.. Whenever feasible, road routes shall make provisions for pedestrian and bicycle traffic. 6. Road designs must prol.'de safe pedestrian and rOnanntorized vehicular crossings where public access to the shoreline and trail systems is intended. 7. Streets within the shoreline juriadiction shall be dC1jBWW with the minimum Slavem area r� . ed. Gavel and more innovative materials shall be used where feasible for pathwais and road shoulders to minimize the amount of impermeable surfaces and help to maintain a more natural appearance. 8. Transportation and Wm= stilily facilities aball be required to make eJioint�of rights- of-way, and to consolidate crossings of water bodies to minimize adverse impacts to the shoreline, 9. All debris and other waste materials from roadway construction shall be disposed of in such a way as to}prevent their entry into any water body. u 10. Any road expansion affectingstreamc and waterwW shall be designed to allow fish passage and minimum impact to habitat Oil. Mechanical apparatus,rather than chemicals, shall be used for brush clearing maintenance unless it is demonstrated that no feasible alternative exists. 12. Float planes shall conform to all applicable City soles and Federal Aviation Administration standards and reduiremm1s for fiL:L oil ills nafcw and fire fish in �q��+pment noise and vehicle and pedestrian and swimmer separation. 13. Heliport facilities and services are prohibited in the Kent shoreline jurisdiction 6.1! 1¢ UTILITIES Utilities are services or facilities which produce,transmit, or carry electric power, gas, sewage, communications,water and oil.. The Utilities categ=includes both` rim rV" and"accessory" utilities Primary utilities_ serve an area beyond the immediAU shoreline jurisdiction such aS solid waste handling and is- J— ,power genera++ g or asker faoilities�gas distribution lines ' s age facilities- and high tension utility lines. Accesl=utilities provide service to shoreline uses such as power, ) hone cable water sewer, and stormwater lines and systems. 30 DRAFT-Kent SMP.Section 6.0-Specific ShonNine Use Policies and Performance St yn Kent Shoreline Master Program Performance Standards: 1. Utilities shall be installed underground,unless the applicant clearly demonstrates that this is not feasible. 2. Utilities shall be installed adjacent to or within existing utility or circulation easements or rights-of-way whenever feasible. 3. Upon completion of installation or maintenance projects,banks shall be restored to a suitable configuration and stability, replanted with native species, and provided with maintenance care until the newly planted vegetation is established. 4. Where major facilities must be placed in a shoreline arm the location and design shall be chosen so as not to deW=or obstruct scenic dews. Type of screer>ing r�Quired shall be determined by the City on a case-by-case basis. 5. Utility facilities shall be located and designed to avoid destruction of. or damage to. imvortant wildlife areas and other u_niQue�fragile areas. 6. Utility facilities shall avoid distnrhance of unin a and fmaile areiM as well as wildlife spawning.nesting and rearing areas If no alternative routing of utilities is available. mitigation measures shall be mQ uir .d. 7. Solid waste disposal is prohibited within the shoreline. 8. The location and construction of outfalls shall comply with all aunropriate federal, state. co=1y. nd city regulations. DRAFT-Kent SMP:Section 6.0-Speci£c Shoreline Use Policies and Pertomwnce Standards 31 12114198 Kent Shoreline Master Program This page is intentionally blank, 32 DRAFT—Kent SMP:Section 6.0-SpeaAc Shorobw Use Poikies and Performance Standards 12114198 .............. Kent Shoreline Master Program 7.0 ADMINISTRATION 7.1 PURPOSE There is hereby established an administrative system designed to assign responsibilities for implementation of and Shoreline Permit review,to prescribe an orderly process by which to review proposals and permit applications, and to ensure that all persons affected by are treated in a fair and equitable manner. 7.2 SUBSTANTIAL DEVELOPMENT Any person wishing to undertake substantial development within the shoreline shall saubmi1 materials for a=Ml' ahon conference as required reguired under KCC 12 01 040 And 12 01 080 then sMLapply to the Administrator for a shoreline substantial development permit. Development is defined by RCW 90.58.03OLUd)to mean a use consisting of the construction or exterior alteration of structures; dredging; drilling; dumping; filling;removal of any sand, gravel, or minerals; bulkheading; driving of piling;placing of obstructions; or any project of a permanent or temporary nature which interferes with the normal public use of the surface of the waters overlying lands subject to the Act at any state of water level. �.r Substantial development is any development of which the total cost or fair market values exceeds two thousand five hundred dollars($2,500.00)or„ for docks built in fresh water.the fair market value ,or any develonment_which materially interferes with the normal public use of the water or shorelines of the state, except for those developments listed in WAC 173-1.404A 173-27-040. 7.3 EXEMPTIONS Certain developments are exempt from the requirement to obtain a substantial development permit. Such developments may-still may-require a variance or conditional use permit, and all development within the shoreline is subject to the requirements of the Shoreline Master Program, regardless of whether a substantial development permit is required. Developments which are exempt from requirement for a substantial development permit are described ills{ RCW 90.58.030(3)(e) and WAC 173 14-940 173-27-040 am include the following 1. Any development of which the total cost or fair market value whichever is higher, does not exceed two thousand five hundred dgilars- if nich development does not materially Lri of the.:,Ater or 1h-=lines of the a=- For pLrn(]ses of interfere v�rith the rnr±■_�zt1,u•".,�^� ... -_ ..— -- --- dete=ining whether or not a permit is mQuired the total cost or fair market value shall be bNe on the vidue of a nent that is occurring an shorelines of t Ate as defined n v lornr RCW 90,58,030 (2,(�(g). 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I -j1 . 11 ♦ h1 - P. : ltll 1 • • Laila 1 • 1 1 1 I ./ t 1 - . =11 S� f Il 1 % Y 1 1 11 =•If. • 11 • •, 1 1 •y : 1 1 l-.1 4=111 yl • IJ • .d it � ♦ yl 1 -1 ♦ 1/J. y LV '♦K 11 Kent Shoreline Master Program Whenever a development is determined to be exempt from the requirement for a substantial development permit and the development is subject to a U.S.Army Corps of Engineers Section 10 or Section 404 Permit,the Administrator shall prepare a Letter of Exemption in accordance with WAC 173-27-050, and shall transmit a copy to the applicant and the Washington State Department of Ecology. NOTE: EXEMPTION FROM SUBSTANTIAL DEVELOPMENT PERMIT REQUIREMENTS DOES NOT CONSTITUTE EXEMPTION FROM THE POLICIES AND USE REGULATIONS OF THE SHORELINE MANAGEMENT ACT,THE PROVISIONS OF P48-MAST-OR DD nnD AL.filL'Ai'1',C ASTER PR pgOGg AM-AND OTHER APPLICABLE CITY, STATE OR FEDERAL PERMIT REQUIREMENTS. 7.4 PERMIT PROCESS 1. The Administrator shall provide the necessary application forms for shoreline substantial development,variance and conditional use permits. �. Shoreline substantial development permits are a Process iI aolication and sha11 be processed and subject to the applicable regulations of ChVter 12.01 Kent City Code. Shoreline conditional_use Rermits and variances are classified as Process III a,*=plications and shall be subject to the requirements of Chanter 12.01 Kent City Code, 3. Public notice. A41 Bush 09tiess dW1 iffelude&9W@ffiwt that mAjob*a d4ty days ef the final pablioafien A mortice of�.,,,t;o�t;on s all be issued for all shoreline permit puolications as providad for in Kent City Code section 12.01,140. excepting that the public comment for the notice of application for a shoreline DRAFT-Kent SMP.Section 7.0-Administration 5 1211415E Kent Shoreline Master Program ==it snarl be not less than thin(3Q)dW =W C 171_27_110(2)(c) The notice of application shall be Vested on the site per K499Kent City Code 12.01.1011 4. Application review. The Administrator shall make decisions on applications for substantial development pemlits, and recommendations on applications for conditional use or variance permits based upon: (1)the policies and procedures of the Shoreline Management Act and related sections of the Washington Administrative Code; and(2) the Kent Shoreline Master Program. 5. Administrator action. The Administrator shall make decisions on applications for substantial development permits. All such decisions shall be in writing, and shall be issued no sooner than fojjy_five(45)lra10ndat days from thetgthe City determines the application to be complete. 6. Public hearings. The Administrator shall schedule an open public hearing before the Kent Hearing Examiner on an application for a ghotgli ae conditional use UcEmiLor variance pert-,1xx the nracedures outlined in K�Kmt City Code 12 01 160 and KCC 232. Notices of the hearing shall he advertised and scheduled in accordance with the provisions of KCC 12.01.140(Hy, 7. Hearing Examiner action. The Hearing Examiner shall review an application for a permit and make decisions regarding permits based upon: (1)the Kent Shoreline Master Program; (2)the policies and procedures of the Shoreline Management Act(Ch. 90.58 RCW) and related sections of the Washington Administrative Code; (3)written and oral comments from interested persons;eW4)the comments and findings of the Administrator; and(5)KCC.2 3Z The Hearing Examiner will issue a written decision within f'eea4een-10 workin¢days from the date of the hearing, in accordance with KCC 2 32. 8. S#ate Fey4ew.Filing g withDoartment of Ecology. Atl8,,,++•+licatio s for a permit or permit revision shall be submitted to the Department of Ecology I'M a final decision by the City. Final decision by the City hall mean the order, or ruline_whether it be an approval or denial. which is establiabed after sill IwAl skdministrative=eals related to the p=it have concluded or the M=rWWV to initiate such a=ls bag lanced When a substantial deveg=ent R=it aid a conditional use or variance permit is required. the submitW shall L due concurrently. A a=lete submittal to the Department of F,cology shall consist of the following: 6 DRAFT-Kent SMP:Section 7.0-Administration 12114198 Kent Shoreline Master Program a. A copy of the complete application pursuant to WAC 173-27-180; b. Findings and conclusions that establish the basis for the decision including but not limited to identification of shoreline environment designation, applicable master program policies and regulations and the consistency of the project with appropriate review criteria for the type of permit(s) as established in WAC 173-27- 140 through 173-27-170; C. The final decision of the local government; d. The permit data sheet required by WAC 173-27-190;and e. Where applicable, local government shall also file the applicable documents required by chapter 43.21C RCW, the State Environmental Policy Act, or in lieu thereof, a statement summarizing the actions and dates of such actions taken under chapter 43.21C RCW. deeisiefi' ne e variance U=it hall deeiaie�r—Amer iocai auirov�r ^f� ^^^�itio 1 use or va_ a�e� the-City�_ submit the permit to the )e6ar�'�`ent of R^-^ggy�the ent's ano�oval. annroval with conditional or denial; as dad in WAC 173-27-200. The denartmeIIt shall transmit its final decision to local govemMag and ft Mlicant AS ANAI within Jbia(30)calendar dgys of the date of submijW by local government, 9. ' . Each nennit issued by the Ci V shall contain a= ision that con_strnction nL iant to the permit shall not begin and is not authorized until twenty-one(21)dys from the date of filling with the Department of Ecology per WAC 173-2744-190. "Dates of filing, of the QV's finW decision differs from date of filing for a conditional uge permit or variance. In the case of a variance or conditional use permit,the "date of filing" means the date the Department of Ecology's final order on the permit is transmitted to the City. 10. Duration of permits. Construction.Q*t rice or activity. Shall commence within two Uj-yeam after approval of the permits. A rthorization to conduct development ACLWties sh2lI terminate within five(5) -years Aer the effective date of a shoreline hermit The Administrator may authorize a single extension before the end of either of these time periods,with prior notice to parties of DRAFT-Kent SMP:Section 7.0-Administration 7 12114198 Kent Shoreline Master Program record and the Department of Ecology, for up to one(lyear based on reasonable factors. 11. Compliance with permit conditions. When permit approval is based on conditions, such conditions shall be satisfied prior to occupancy or use of a structure or prior to commencement of a nonstructural activity. 7.5 APPEALS 1. Local appeals. Any decision made by the Administrator on a substantial development permit, or by the Hearing Examiner on a conditional use or variance permit shall)1� final unless au gpprAl is made. Decisions may be appealed to the City ouncil bye applicant,or a private or public organization or indivi shall be V=essed in sec -'=nce with y&AaL=City Code Section 12.01,190, Such appeal must be filed with the City Clerk and the Administrator within on fourteen(141 galendar days of the decision being appealed, and must be accompanied by the required filing fee. 2. Shoreline Hearings Board. After the local appeals process has been exhausted,persons aggrieved by the grant, denial,rescission or modification of a permit may file a request for review by the Shoreline Hearings Board in accordance with the review process established by RCW 90.58.180, and with the regulations of the Shoreline Hearings Board contained in Ch. 461-08 WAC, The request for review must be filed with the Hearings Board within 30 Men--one(2 1)days of the date of filing of the local permit decision with the Department of Ecology. 7.6 VARIANCE PERMITS 1. Purpose. The purpose of a variance permit is strictly limited to granting relief from specific bulk, dimensional or performance standards set forth in the-WaM PFOgF-9m-Kent'q Master ProgM= and where then are extraordinary or unique circumstances relating to the gbylical GhE=ter or configgrafionjQLproperty such that the strict implementation of would impose unnecessary hardships on the applicant or thwart the Shoreline Management Act policies as stated in RCW 90.58.020. Construction pursuant to a variance permit shall not begirt,nor can construction be authorized,except as provided in RGW I8:58.02AWAC 173-27-190._In all instances,extraordinary circumstances shall be shown and the public interest shall suffer no substantial detrimental effect. 2. Application. abeve,Shore ine variances are classified as Procen TIT a0 irj9ons and are subject to the regnirements of the Kent City Code Cha= 12 01, WA . 173-27-180. nd ion 7.4 above. 8 DRAFT-Kent SMP.Section 7.0-Adminis melon 12114198 Kent Shoreline Master Program 3. Criteria. Variance permits may be authorized provided the applicant can demonstrate all of the following: a. That the strict Mpp]igati=peeats-of the bulk, dimensional,or performance standards set forth in K g:Lthe-master program precludes or significantly interferes with a reasonable use of the property not otherwise prohibited by the faas4eF pFegFamKcat'q Master Program. b. That the hardship described above is specifically related to the property, and is the result of unique conditions such as irregular lot shape, size or natural features and the application of the meow ppegmmKent's Master Pro and not, for example, from deed restrictions or the applicant's own actions. C. That the design of the project isw4-lie compatible with other a1donT aeuvities M=Lm the area end yv"'h Las planned for the area under the comUrehensive plan And master progftm. and will not cause adverse effects to adjacent properties or the shoreline environment. d. That the variance permit will not constitute a grant of special privilege not enjoyed by the other properties in the area, and will be the minimum necessary to afford relief. e. That the public interest will suffer no substantial detrimental effect. f. Variance permits for development that will be located either waterward of the ordinary high water mark or within des;be, s o-sw apsH&Jands, as +h ,. ._.Tr +'e Mastte Program, may be authorized only defined in ,_"� .�..... .,,..�--�- if the applicant can demonstrate items g through e of this section, and: i. That the strict application of the hulk im sio al. or performance standards set forth in dais wAmwpfeg mKent's Master ProgLam preclude ail reasonable permitted use of the property; and ii. The public rights of navigation and use of the shorelines will not be adversely affected by the granting of the variance. g. In the granting of all variance permits, consideration shall be given to the cumulative impact of additional requests for like actions in the area. For example, if variances were granted to other developments and/or uses in the area where similar circumstances exist, the total of the variances shalleuW also remain consistent with the policies of FBI:-RCW 90.58,=-RA2W and should knot ppedaee-cause substantial adverse effects on-IQ-the shoreline environment. h Variances from the use regulations of Kent's Master program are=hibited. DRAFT-Kent SMP:Section 7.0-Administration 9 12114198 Kent Shoreline Master Program 7.7 CONDITIONAL USE PERMITS 1. Purpose. The purpose of a conditional use permit is to allow greater flexibility in varying the application of the use regulations of dw suosf pro ent's Pror;;nl in a manner consistent with the policies of RCW 90.58.020,4%*7ade , PAW Jn authorizing a conditional use, special conditions may be attached to the permit by the City or the Department of Ecology to prevent undesirable effects of the proposed use and/or to assure consistency of the project with the Shoreline Management Act and Kent's Master Promwn. Uses which are specifically prohibited by the mosteF pfegcaaxKent's Master Progm may not be authorized 12ursuant to either WAG 173-27-060(1) or(2). 2. Application. see6en e Can itional I Jae Permits are a Process III armtica ion per Kent City Code Ch ter 12.01, and section 7.4 above.: 3. Uses are classified as conditional uses if they are (1)designated as such elsewhere in s faaste-pfe _.vent''Master Progom or(2)consistent with the-anderlyi3g Standffda,reQuirements of this section and the reairements for conditional use contained .n ihia master==ram per WAC 173-27-160(31. --- 4. Uses classified as conditional uses may be authorized provided that the applicant can demonstrate all of the following: a. That the proposed use b3 i&consistent with the policies of RCW 90.58.020 and the peliaiese€-die-Kent s Master Program; b. That the proposed use will not interfere with the normal public use of public shorelines;: C. That the proposed use of the site and design of the project w -b�is_compatible with other pe>seitted•authorjzed uses within the area and with uses planned for the area under the comDrehensive plan and shoreinne master nroaram:: d. That the proposed use will cause no umvesenel-l}si>iilifiG�ut.adverse effects to the shoreline environment desigm6en in which it is to be located;: e. That the public interest suffers no substantial detrimental effect. 5. In the granting of all conditional use permits, consideration shall be given to the cumulative impact of additional requests for like actions in the area. For example, if conditional use permits were granted to other developments in the area where similar r, 10 DRAFT-Kent SMP.Section 7.0-Ad rink tratlon 12114198 Kent Shoreline Master Program circumstances exist, the total of the conditional uses s1 sWLalso remain consistent with the policies of 4@h:RCW 90.58 RGW-and should shall not produce substantial adverse effects ee-?,Qthe shoreline environment. 6. Uses which are not classified or set forth in the master p- Kent'g Master Pro may be authorized as conditional uses,provided the applicant can demonstrate, in addition to the criteria set forth in section 7.24 above, Pr -egalali e€-the PregffiM:_co sistC=with he LCQLirernents of this section a_nd the requirements for con itionW„sec contained in this master=BE= 7. Uses which are specifically prohibited by this program may not be authorized. (Note: this is already stated in 7.7.5 above) 7.8 NONCONFORMING DEVELOPMENT 1. Nonconforming development shall be defined and regulated according to the provisions of WAC "'�99 173-27-080. 7.9 AMENDMENTS TO THE MASTER PROGRAM Any provision of may be amended as provided for in chapter 90.58 RCW and chapter 1734.92fi WAC. Amendments or revisions to the?1469 Pro Fi,Kent's Master Progm, as provided by law,do not become effective until approved by the Washington State Department of Ecology. Proposals for shoreline environment redesignations(i.e., amendments to the shoreline maps and descriptions)must demonstrate consistency with the criteria set forth in WAC 173-16-040 and this program. 7.10 SEVERABILITY If any provisions of ,or its application to any person or legal entity or parcel of land or circumstances, is held invalid,the remainder of the faast j %Kent's Master Proms, or the application of the provisions to other persons or legal entities or parcels of land or circumstances, shall not be affected. DRAFT—Kent SMP.Section 7.0—AdnWhistration 11 12114198 Kent Shoreline Master Program This page is intentionally blank. 12 DRAFT—Kent SMP.Section 7.0—Administradon 12114198 Kent Shoreline Master Program 8.0 ENFORCEMENT 8.1 VIOLATIONS 1. It is a violation of the Kent Shoreline Master Program for any person to initiate or maintain or cause to be initiated or maintained the use of any structure, land or property within the shorelines of the City of Kent without first obtaining the permits or authorizations required for the use by this Chapter. 2. It is a violation of this Chapter for any person to use, construct, locate, or demolish any structure, land or property within shorelines of the City of Kent in any manner that is not permitted by the terms of any permit or authorization issued pursuant to this Chapter, provided that the terms or conditions are explicitly stated on the permit or the approved plans. 3. It is a violation of this Chapter to remove or deface any sign,notice, compliant or order required by or posted in accordance with this Chapter or Chapter 12.12A. 4. It is a violation of this Chapter to misrepresent any material fact in any application,plans or other information submitted to obtain any shoreline use or development authorization. 5. It is a violation of this Chapter for anyone to fail to comply with the requirements of this �-' Chapter. 8.2 DUTY TO ENFORCE 1. It shall be the duty of the Administrator to enforce this Chapter. The Administrator may call upon the police, fire,health,or other appropriate City departments to assist in enforcement. 2. Upon presentation of proper credentials, the Administrator or duly authorized representative of the Administrator may,with the consent of the owner or occupier of a building or premises, or pursuant to a lawfully issued inspection warrant, enter at reasonable times any building or premises subject to the consent or warrant to perform the duties imposed by the Shoreline Master Program or this Chapter. 3. The Shoreline Master Program shall be enforced for the benefit of the health, safety and welfare of the general public, and not for the benefit of any particular person or class of persons. 4. It is the intent of the Shoreline Master Program to place the obligation of complying with its requirements upon the owner, occupier or other person responsible for the condition of the land and buildings within the scope of this Program. DRAFT—Kent SMP:Secdon&0-Enforcement 1 12/14/98 Kent Shoreline Master Program 5. No provision of or term used in the Program is intended to impose any duty upon the City or any of its officers or employees which would subject them to damages in a civil action. 8.3 INVESTIGATION AND NOTICE OF VIOLATION 1. The Administrator or his/her representative shall investigate any structure,premises or use which the Administrator reasonably believes does not comply with the standards and requirements of the Shoreline Master Program. 2. If after investigation the Administrator determines that the Program's standards or requirements have been violated,the Administrator shall serve a Notice of Violation on the owner,tenant or other person responsible for the condition. The Notice of Violation shall provide: a. A description of the specific nature, extent and time of violation and the damage or potential damages; and b. A notice that the violation or the potential violation must cease and desist or, in appropriate cases,the specific corrective action to be taken within a given time; and C. A notice that the required corrective action shall include, if appropriate,but shall not be limited to,mitigating measures such as restoration of the area and replacement of damaged or destroyed trees. 3. The Notice shall be served upon the owner, tenant or other person responsible for the condition by personal service,registered mail, or certified mail with return receipt requested, addressed to the last known address of such person. If, after a reasonable search and reasonable efforts are made to obtain service,the whereabouts of the person or persons is unknown or service cannot be accomplished and the Administrator makes an affidavit to that effect,then service of the Notice upon such person or persons may be made by: a. Publishing the Notice once each week for two (2) consecutive weeks in the City's official Newspaper; and b. Mailing a copy of the Notice to each person named on the notice of violation by first class mail to the last known address if known, or if unknown, to the address of the property involved in the proceedings. 4. A copy of the Notice shall be posted at a conspicuous place on the property, unless posting the notice is not physically possible. 5. The Administrator may mail, or cause to be delivered to all residential and/or nonresidential rental units in the structure or post at a conspicuous place on the property, 2 DRAFT-Kent SMP:Section 8.0-Enforcement 12114198 Kent Shoreline Master Program a notice which informs each recipient or resident about the Notice of Violation, Stop Work Order or Emergency Order and the applicable requirements and procedures. 6. A Notice or an Order may be amended at any time in order to: a. Correct clerical errors,or b. Cite additional authority for a stated violation. 8.4 EFFECTIVE DATE Any notice of violation issued under this Chapter which contains an order to cease and desist shall be effective immediately upon receipt by the person to whom the Notice is directed. 8.5 TIME TO COMPLY 1. When calculating a reasonable time for compliance,the Administrator shall consider the following criteria: a. The type and degree of violation cited in the Notice; b. The stated intent, if any,of a responsible party to take steps to comply; C. The procedural requirements for obtaining a permit to carry out correction action; d. The complexity of the correction action,including seasonal considerations, construction requirements and the legal prerogatives of landlords and tenants; and e. Any other circumstances beyond the control of the responsible party. 2. Unless a request for remission or mitigation of the penalty before the Administrator is made in accordance with Section 8.8,the Notice of Violation shall become the final order of the Administrator. A copy of the Notice shall be filed with the Department of Records and Elections of King County. The Administrator may choose not to file a copy of the Notice or Order if the Notice or Order is directed only to a responsible person other than the owner of the property- 8.6 CEASE AND DESIST WORK ORDER Whenever a continuing violation of the Shoreline Master Program will materially impair the Director's ability to secure compliance with the Program, or when the continuing violation threatens the health or safety of the public,the Director may issue a Cease and Desist Order specifying the violation and prohibiting any work or other activity at the site. A failure to DRAFT—Kent SMP:Section 8.0-Ento►cement 3 12/14/98 Kent Shoreline Master Program comply with the Cease and Desist Order shall constitute a violation of the Shoreline Master Program. 8.7 EMERGENCY ORDER Whenever any use or activity in violation of this Code threatens the health and safety of the occupants of the premises or any member of the public,the Administrator may issue an Emergency Order directing that the use or activity be discontinued and the condition causing the threat to the public health and safety be corrected. The Emergency Order shall specify the time for compliance and shall be posted in a conspicuous place on the property, if posting is physically possible. A failure to comply with an Emergency Order shall constitute a violation of the Shoreline Master Program. Any condition described in the Emergency Order which is not corrected within the time specified is hereby declared to be a public nuisance and the Administrator is authorized to abate such nuisance summarily by such means as may be available. The cost of such abatement shall be recovered from the owner or person responsible or both in the manner provided by law. 8.8 REVIEW OF PENALTY BY THE ADMINISTRATOR 1. Any person incurring a penalty imposed in a notice of violation issued by the Administrator pursuant to Section 8.3 may obtain a review of the penalty by making application for remission or mitigation of the penalty within fifteen(15)days after service of the notice. When the last day of the period so computed is a Saturday, Sunday or federal or City holiday,the period shall run until five p.m. (5:00 p.m.)on the next business day. The application shall be in writing, and upon receipt of the application, the Administrator shall notify all persons served with the Notice of Violation and the complainant, if any, of the date,time and place set for the review,which shall be not less than ten(10)nor more than twenty(20) days after the application is received, unless otherwise agreed by all persons served with the Notice of Violation. Before the date set for the remission or mitigation hearing incurring a penalty in the Notice of Violation may submit any written material to the Administrator for consideration at the review. 2. The review will consist of an informal review meeting held at the Planning Department offices. A representative of the Administrator who is familiar with the case and the applicable ordinances will attend. The Administrator's representative will explain the reasons for the Administrator's issuance of the Notice and will listen to any additional information presented by the persons attending. At or after the review, the Administrator may remit or mitigate the penalty only upon a demonstration of extraordinary circumstances, such as the presence of information or factors not considered in setting the original penalty. The Administrator may also choose to continue to review to a date certain for receipt of additional information. 4 DRAFT-Kent SMP:Section 8.0-Enforcement 12114198 r Kent Shoreline Master Program 3. The Administrator shall issue an Order of the Director containing the decision on the penalty within seven(7) days of the date of the completion of the review and shall cause the same to be mailed by regular first class mail to the person or persons named on the Notice of Violation,mailed to the complainant, if possible, and filled with the Department of Records and Elections of King County. 8.9 EXTENSION OF COMPLIANCE DATE The Administrator may grant an extension of time for compliance with any Notice or Order whether pending or final,upon the Administrator's finding that substantial progress toward compliance has been made and that the public will not be adversely affected by the extension. An extension of time may be revoked by the Administrator if it is shown that the conditions at the time the extension was granted have changed,the Administrator determines that a party is not performing corrective actions as agreed, or if the extension creates an adverse effect on the public. The date of revocation shall then be considered as the compliance date. 8.10 APPEAL OF CIVIL PENALTY 1. Right of Appeal. Persons incurring a penalty imposed by the City may appeal the same to the Shorelines Hearings Board. 2. Timing of Appeal. Appeals shall be filed within thirty(3adays of receipt of the Notice of Violation unless an application for remission or mitigation is made to the Administrator. If such appeal is made, appeals must be filed within thirty days of receipt of the Administrator's decision regarding the remission or mitigation. 8.11 CIVIL PENALTY 1. Additional Relief. In addition to any other sanction or remedial procedure which may be available, any person violating or failing to comply with any of the provisions of this Chapter shall be subject to a cumulative penalty in the amount of one thousand dollars ($ 1,000). Each permit violation or each day of continued development without a required permit shall constitute a separate violation. 2. Persons Incurring Penalty. Any person who,through an act of commission or omission procures, aids, or abets in the violation shall be considered to have committed a violation for the purposes of the civil penalty. 3. Penalties Due. Penalties imposed by this section shall become due and payable thirty (DI-days after receipt of notice imposing the same unless application for remission or mitigation is filed. Whenever an application for remission or mitigation is made, penalties shall become due and payable thirty LlUdays after receipt of the DRAFT—Kent SMP:Section 8.0-Enforcement 5 12(14/98 Kent Shoreline Master Program Administrator's decision regarding the remission or mitigation. Whenever an appeal of a penalty is filed,the penalty shall become due and payable upon completion of all review proceedings and upon issuance of a final decision confirming the penalty in whole or in part. 4. Enforcement of Penalty. The penalty imposed by this section shall be collected by civil action brought in the name of the City. The Director shall notify the.City Attorney in writing of any penalty owed the City and not paid within thirty LUJdays after it becomes due and payable, and the City Attorney shall,with the assistance of the Administrator, take appropriate action to collect the penalty. 5. Mitigation of Penalty. The violator may show as full or partial mitigation of liability: a. That the violation giving rise to the action was caused by the willful act, or neglect,or abuse of another; or b. That correction of the violation was commenced promptly upon receipt of the notice thereof,but that full compliance within the time specified was prevented by inability to obtain necessary materials or labor,inability to gain access to the subject structure, or other condition or circumstance beyond the control of the defendant. 8.12 CRIMINAL PENALTIES In addition to incurring the civil liability under Section 8.11 above, any person found to have wilfully engaged in activities in violation of the Shore Master Program shall be guilty of a gross misdemeanor, and shall be punished pursuant to RCW 90.58.220 by a fine of not less than twenty-five nor more than one thousand dollars($25.00_-_$1,000.00) or by imprisonment for not more than ninety(20�days, or by both such fine and imprisonment: PROVIDED,that the fine for the third and all subsequent violations in any five year period shall not be less than five hundred nor more ten thousand dollars($500.00-$10,000.00). 8.13_ADDITIONAL RELIEF Any person who violates any provision of this Chapter or permit issued pursuant thereto shall be liable for all damage to public or private property arising from such violation, including the cost of restoring the affected area to its condition prior to violation. The Administrator may request that the City Attorney shall bring suit for damages on behalf of the City under this section. The Administrator may also seek legal or equitable relief to enjoin any acts or practices and abate any condition which constitutes or will constitute a violation of the Shoreline Master Program when civil or criminal penalties are inadequate to effect compliance. 6 DRAFT-Kent SMP.Section 8.0-Entort enwt 12114198 Kent Shoreline Master Program APPENDIX A: Kent Shoreline Jurisdiction Maps DRAFT-Kent SMP:Appendix A 1 12114196 -• KEN T • Y� f•, _._� �r� �---L--��=- •;,�__ {✓, GREEN RIVER fit SHORELINE SHORELINE As s BxoBEUNs ss of rxE aREu+RsvEss w. ARE DOWNAT M�.e�al..lIVI�L�NI�Ce a .JJ I • .� LEGEND AUZ— s KENT CITY LIMITS 200, BHDRE BUFFER GREEN RIVER i 1 1 I 1 w • _.✓ _ ww I ' • 1 ` l ` � t Y,I,{MwMI�IY..w.l.IYLT 1.1. 1`� zz 3 a m f r € ❑ D� 152 Rv SE_ ,t>: oaaa4a�rnaan IN Q '_('•'� 1 1 �•�� �i`O N• l :n'S RfY_pAl \ N� •AIY� '1S'•M 4hT - %v ra -- y c` DI u cn _� a- -- " o • Cyr BOA �l _ y �„ rt• .' ti QC 1 as ��► r R I -:_ 3S IN rr raj Y",.i• ` Rtl OhlQ Ott— to --S_- •,�1:. r, :.� - —r— r 0 �• 1 ev 39 AN SSt i 11, f-:�4.tr�s •`' ' o 4 _ -{ ''v ZZ C'A 9f1 _ ,�• . tit Q—;;i— ' : to R n� SS •tl S[l it he ej N C N N � I - yy n • �ti:� - • - T� ty � � 1poo 9 �' :.a•�..•+!Vo� d`I I` , xLam. get z lip cn co NI N N I 4100 ........ Willi al .07 r13 C:A C3 r Dip lk Ali 40 as l 17 .... ......... Qgia pro. Land Use and Planning Board Minutes December 14, 1998 Page 5 Lake Meridian and by having commercial services on 116th, would decrease traffic flow towards the other shopping centers. He reiterated safety concerns for the residents within the area and noted that the property is not suited for single family use. Mr.Bell stated that the developer would pick up the cost associated with increased traffic. He stated that he hoped the city,developer and property owner would work out an agreement that would benefit both the property owners,and homeowners. Sharon Woodford voiced her support for commercial development but voiced her impression that as the neighbors to the south had not attended the hearing; they must not be concerned with the development on this property. Tent'Zimmerman supported staff s recommendation to deny rezoning the property to commercial. She stated that she empathizes with the neighbor to the east who it not in favor of this property being developed as a commercial site. Ms.Zimmerman voiced her concern that agreements would actually be implemented between the various property owners and would like to see the property developed jointly. David Malik voiced support to rezone the property for commercial. Ron Harmon reiterated his concern with the neighbor to the east and hopes that the Planning staff will take this into consideration. Ron Hannon MOVED and Sharon Woodford SECONDED a motion to recommend approval of CPA-98- 2 (D)/CPZ-98-4 Costanzo Amendment. Motion carried six to one. K CPA-98-4/SMP-98-1 SHORELINE MASTER PROGRAM Kevin ONeill stated that this is an amendment to the Shoreline Master Program. He said that the City of Kent has had a Shoreline Master Program since 1974. He said that Kent's Shoreline Master Program is governed under the provisions of the Washington State Shoreline Management Act which was passed in 1971. The shoreline program regulates development within 200 feet of the ordinary high water mark of shorelines of the state. Mr. ONeill stated that wlien the Shoreline Management Act was passed and when Kent developed its first shoreline master program,the only shoreline of statewide significance in the city was the Omen River. Mr. O'Neill said that back in 1996,the city annexed two shorelines; Lake Meridian and a portion of Big Soos Creek from Kent Kangley Road to the southern portion of the city limits, which affects 10 parcels. Mr. O'Neill said that these shorelines are still regulated under King County's Shoreline Master Program. He said the City of Kent has been using-the County's program on an interim basis since annexation,but has been aware of the need to update its shoreline master program to bring these two shorelines into Kent's shoreline program. Kevin O'Neill said that the other reason Kent has proceeded with updating its Shoreline Master Program is that back in 1995 the Washington State Legislature adopted the regulatory reform act or ESHB 1724, requiring that Kent change their regulatory procedures. He stated that the State law governing shorelines mandates that the goals and policies of the local shoreline master program become part of the city's comprehensive plan and that the regulatory portion of the shoreline master program be incorporated as �♦ part of the city's overall development regulations. Based on this law,the goals and policies in the shoreline program are now defacto part of Kent's comprehensive plan. Kevin ONeill stated that Planning staff wanted to go through existing policies and Land Use and Planning Board Minutes December 14, 1998 Page 6 add in policies that are relevant to the new shoreline areas for Lake Meridian and Big Soos Creek. Mr. O'Neill stated that updating the shoreline's goals and policies would bring them into compliance with the remainder of the comprehensive plan. Kevin O'Neill said that the City of Kent wrote a grant to the State Department of Ecology(DOE) because of the need to update the shoreline master program. He said that the DOE is helping to fund the project and has reviewed preliminary drafts of the proposed document. Mr. O'Neill stated that after the Board makes its recommendation to the City Council and the Council takes final action to adopt a locally adopted shoreline master program,it will be sent to the State Department of Ecology,He said that the DOE will complete their own review and could respond with their own recommended changes. Kevin O'Neill said that shoreline management is different than other regulatory and policy documents in the City in that the DOE as well as a number of State laws dictate how shoreline programs should be outlined and how shoreline development should be regulated. Kevin O'Neill stated that as part of the city's grant,Planning staff put together a citizen's advisory committee last spring made up of several residents of Lake Meridian as well as other people in the community familiar with the existing shoreline master program. Mr. O'Neill said the committee was helpful in helping to formalize issues that should be addressed in the update. He thanked the committee for their help in assisting the city in drafting a proposal. He stated that two open houses were held this summer to address the Lake Meridian and the Green River shoreline issues Kevin O'Neill submitted a letter dated 12/14/98 for the record from John Nason,Architect as Exhibit#2 and a letter dated 12/11/98 for the record from Jill Clifford,Meridian area resident, as Exhibit#3. Brad Bell asked Mr. O'Neill that since the State has the authority to dictate how shoreline regulations should be implemented,would this preclude the City from making any changes that the state requires regardless of the Board's input on those issues. Mr.O'Neill stated that there are mandates within the Washington State Administrative Code regarding how shoreline terms are defined as well as what areas should be regulated. For example,Mr. O'Neill stated that Kent would not be permitted to regulate only the first 100 feet of a shoreline area. Mr. O'Neill stated that the DOE has prepared a model shoreline master program with recommended language to assist local governments in the implementation of their own program. Mr. O'Neill stated that Lake Fenwick was not within the shoreline management area and he assured Steve Dowell that any existing nonconforming development within 200 feet of the shoreline for Lake Meridian,Green River or Big Soos Creek would continue to be a legal nonconforming use as long as the development was legal at the time it was established. Steve Dowell asked how people were notified of this issue. Mr.O'Neill stated that for the open houses and the public hearing,people were notified within 200'of Omen River,Big Soos Creek and Lake Meridian. Kevin O'Neill stated that portions of Mill Creek outside the city limits are a regulated shoreline but the portion within Kent is not considered a shoreline. Mr. O'Neill explained that streams are considered a shoreline when the mean annual flow reaches a certain threshold. Steve Dowell asked if streams and creeks leading into the Green River were considered shorelines. Mr.O'Neill said that Section 5.7 states that"200'of the creek areas leading into the Green River where salmon habitats exist would be subject to shoreline management." ............. Land Use and Planning Board Minutes December 14, 1998 Page 7 Nancy Eklund,Berryman and Henigar,Seattle,WA stated that she was a planning consultant assisting the City in this project. She confirmed that 200'of the tributaries or creeks leading into the Green River are governed under the Shoreline Management Act and would be part of Kent's shoreline jurisdiction. Ms.Eklund said that the Department of Ecology has reviewed the draft Shoreline Master Program for the City of Kent and will require a technical formal review as part of the approval process. Ms.Eklund referred to the Shoreline Master Program draft at length in defining a jurisdiction's regulatory area. She stated that regulations are tailored to the body of water they are centered on and that the City of Kent need's to adjust their regulations to fit Lake Meridian and Big Soos Creek as well as the Green River area. Ms.Eklund stated that the City of Kent's new Shoreline Master Program draft has added policies and regulations pertaining to over water structures and residential setbacks. She stated that these additions are two of the most significant changes. Ms. Ecklund stated that the draft document has included language changes to comply with State Law. Ms. Eklund stated that the SMP draft has included protective regulations within the section titled "Shoreline Stabilization"concerning salmon habitat. She stated that the inclusion of regulations in this section would position the city better for future endangered species act regulations. Ms. Eklund stated that some administrative aspects of the shoreline master program have been restructured to reflect new regulatory reform changes in the city's local regulations. Brad Bell asked Ms. Eklund to indicate the new changes that would affect property owners. Ms.Eklund stated that the areas of primary interest to many folks pertain to Lake Meridian and are included in King County's shoreline master program.which the city has been governed by. Ms. Eklund stated that even though King County has implemented changes in their shoreline master program,Kent has continued to apply those regulations in force at the time of the annexation. Ms.Eklund referred to Section 6,page 11 of the draft in reference to the allowance for covered moorage. She stated that under the shoreline program Kent has been administering, covered moorage has=tt been allowed. She said that under the new King County Shoreline Master program, adjustments have been made to allow for covered moorage. Ms. Ecklund stated that the draft proposal includes two options: Alternative F—to not allow covered moorage and Alternative G—to allow covered moorage. She said that Planning staff is recommending"F"to not allow covered moorage.Ms.Eklund deferred to Mr. O'Neill. Mr. O'Neill said that Planning staff typically like to retain preexisting county regulations unless there are compelling arguments to change them. When Kent annexed Lake Meridian, covered moorage were not allowed under the County's master program. Mr. O'Neill stated that since that time,King County has changed their regulations to allow,for what they define as"mechanical boat lift covers"'. He stated that the county's shoreline master program now allows these covers,but Kent is obligated under state law to implement shoreline regulations in affect at the time of annexation. Kevin O'Neill explained that two alternatives were included in the draft as a means to show how boat lifts have been regulated in the county and how they are currently regulated. He stated that several members of the citizens advisory committee were in favor of allowing covered moorage under certain conditions as well as a number of people who attended the open house meetings. He reiterated that Planning Staff recommends"F". Nancy Ecklund spoke at length on residential setbacks,which are of primary interest to the public. She Land Use and Planning Board Minutes December 14, 1998 Page 8 stated that the proposal suggests that residential structures shall be set back using an averaging so that new development will be sensitive to preexisting buildings and homes on the lake Terry Zimmerman voiced concern that a statement in Section 4.0 of the Shoreline Element was contradictory in regards to setbacks and shoreline restoration. Mr.O'Neill stated that these statements are policies and not regulations and that this proposal sets a policy framework for future regulations. Ron Harmon MOVED and David Malik SECONDED a motion to open the public hearing. Motion carried. Donald West,25866136t°Avenue Southeast,Kent,WA said that he has resided on Lake Meridian since 1958. He voiced concern that existing structures should be grandfathered so that piers, floats and docks would not have to be removed. He voiced.concem about the definition of a "float" as written in the proposed draft Mr. West stated that when the county park was reconstructed,the water level of the creek was raised at least 1.5 feet. He asked if consideration has been given to restructuring the culvert for the outflow from the creek as his dock is under water at times. Victor Page, 14607 Southeast 267"Street,Kent,WA stated that his property is located at the shallow end of the lake. Mr. Page said that his dock is 30 years old and extends beyond the maximum dock length of 80 feet in order to reach a depth of six feet of water in the summertime. He said that he would like to see pre-existing docks,buildings as well as allowance for repairs to be grandfathered in. Steven Crowell,26709148"Avenue Southeast,Kent,WA stated that he has communicated with Kevin Mitchell,King County's Chief Shoreline Administrator and that Mr. Mitchell indicated that Planning staffs recommendation for"F"was written and adopted in 1978. Mr. Crowell said that he supports"F" and would encourage the Board to adopt a policy to allow for grandfathering of legal, nonconforming uses. " Mr. Crowell submitted correspondence dated 12/8/98 from Mr. Greg White,Meridian area resident for the record as Exhibit#4. Mr.Crowell read from the correspondence sharing Mr. White's believe that Lake Meridian is saturated with development and that the addition of permanent boat covers should not be allowed as they obstruct view and contribute to an overall cluttered appearance. Mr.Crowell stated that Mr.White indicated his opposition for expansion of dock sizes beyond current regulations and any changes in rules governing dock positions relative to property lines. He said that Mr.White indicated opposition to reducing current restrictions on shoreline development. Casey Gibbs, 14661 Southeast 267t°Street,Kent,WA stated that he created the covered boatlift flap. Mr.Gibbs stated that Mr. Crowell has two boat docks and one boathouse on his property. He voiced surprise that Mr. Crowell would raise opposition to the addition of more covers and felt Mr.Crowell was hypocritical. Mr. Gibbs said that boat covers provide protection from the rain and that boat covers do not block views when situated correctly. Mr. Gibbs said he supports Option G to allow covered boat moorage on Lake Meridian. He stated that he opposes imposing restrictions on dock size citing low water levels as his rational. Mr. Gibbs stated that the covered boat area should be excluded from the dock length calculation. Mr. Gibbs stated that he felt it interesting that Planning staff recommends against covered moorage, when by their own definition they are trying to be consistent with existing regulations which allows for boat canopies or covers. Land Use and Planning Board Minutes December 14, 1998 Page 9 Maribelle Lackey, 14410 Southeast 270"Place,Kent,WA said that she has lived on the lake for 23 years. She said that two years ago 78 citizens signed a petition to ban covered boat moorage. She stated that regulations do not allow for covered boat moorage. Ms. Lackey stated that a citizens advisory committee has asked that the use of a temporary boat cover be addressed again. She stated that she disapproves of this nomenclature,as it is too broad a term. She opposes boat covers as they are unattractive and create a visual barrier. Ms.Lackey stated that the lake is public property and that these covers would degrade the quality of the lake. She strongly voiced opposition to any change in the code allowing for over the water structures. Ms. Lackey submitted a letter for the record dated 12/14/98 from Don and Juanita Bell,Meridian area resident as Exhibit#5, indicating opposition of boat covers on Lake Meridian. Mr.Mary Olsen, 14400 Southeast 270th Place,Kent,WA stated that he has been a residenf of Lake Meridian for several years. He said that covered boat moorage's should be allowed if the purpose is to protect the boats. Mr. Olsen stated that the moorage do block view and are esthetically displeasing. He stated that the lake is small and that allowing for more moorage would impact the lake negatively. Mr. Olsen stated that he supports'F". He stated that terminology in Section G.iv and v needs to be defined more accurately. Rita Bailie,20607101st Avenue Southeast,Kent,WA stated that she is the Rainier Audobon Wetland Chair and served on the citizen's advisory committee. She commended Kevin O'Neill on the diversity of the committee and stated that Nancy Eklund was supportive and helpful. Ms. Bailie stated that the committee held a field trip around Lake Meridian. Ms. Bailie stated that the advisory committee recommended continuation of a 200-foot setback along Kent's segment of Green River. She stated that she is pleased to see water-based business, agriculture and more passive recreational priorities in place. Ms.Bailie stated that setbacks might have to be more actively protected if the Endangered Species Act should be enacted. She said that future impervious surfaces such as parking areas within that 200-foot area could be questioned. Ms. Bailie said that under the Introduction in section 1.4, it indicates that one of the main purposes of the Shoreline Management Program is to "protect,preserve, and restore fish and wildlife habitats in and adjacent to streams,rivers and lakes within the City of Kent". Ms.Bailie stated that in Europe and the U.S .river corridors serve as favorite public amenities and in well-planned river parks,you find wildlife cornucopias. Ms.Bailie said that through the wide use of the Green River corridor Kent can be known for its beautiful, inviting pastoral corridor as well as its new regional wetland. She stated that rivers are natural corridors for wildlife dispersal,migration, and breeding. Ms.Bailie stated that Planning staffs adequate setbacks would make it possible for species to survive when the endangered species act is put into affect. She stated that the Green River is a shoreline of statewide significance as well as international significance in relation to migratory birds,many of which are threatened. Ms.Bailie said that the Audubon Society supports the retainage of farmland as a major wildlife habitat resource. Ms.Bailie stated that farming is a viable economic business largely neglected in Western Washington. She stated that the Audubon encourage agricultural development along the Green River as Land Use and Planning Board Minutes December 14, 1998 Page 10 a valuable resource. Ms.Bailie said that the United States loses 1 million acres of prime farmland yearly with most of this land located along rivers. She said that many local farms are wetlands with fragile soils and that the goal of the SMP is to minimize public access. Ms.Bailie stated that farms provide wintering grounds as well as spring and summer nesting and feeding area for birds. Ms.Bailie voiced the vision of a number of individuals that 78th Avenue South should be designated as historical district as this area of Kent originates from the turn of the century with the existence of 8 or 9 historical monuments such as barns, farm houses and an avenue of trees. Ms.Bailie stated that a historical designation would protect and enhance the enjoyment of the Green River Corridor and trail system. Lee Ann Dickson, 14214 Southeast 270th Place,Kent,WA stated that the definition in Section 6.9 of the draft states that"a definition of a pier is supported by piles above the water while docks float upon the water." Ms.Dickson stated that she would like more definitive terminology through out the document in regards to defining piers versus docks. She voiced concern over terminology in the exemption section as well. Ms. Dickson said that she would like to see grandfathering of existing piers in order to protect her pier located directly on the property line. Ms.Dickson stated that she did not see indications that the SMP draft addressed flooding on Lake Meridian. She stated that the lake has risen 14 to 16 inches within the past six weeks and half of her property is under water. Ms. Dickson stated that she intends to have a bulkhead constructed before any more land erosion occurs on her property due to winter flooding. She noted that the nomenclature within the SMP does not address land use in regards to erosion due to winter flooding. Ms.Dickson stated that she opposes covered moorage on the lake. Tom Ryan,14605 Southeast 266th,Kent,WA stated that he has lived on Lake Meridian since 1953 and that his dock is 120 feet in length in order to reach water with a depth of 5 feet. Mr.Ryan stated that he has a boathouse attached to his dock,which he shares with his neighbor. He stated that he opposes the addition of more boathouses on the lake. Brian McDonough,26441 137th Avenue Southeast,Kent,WA stated that his home does not front the lake but that he has a ten-foot easement down to the water and that he shares a boat with his neighbor. Mr. McDonough voiced concern with 15 foot setbacks from property lines would like to see a- grandfather clause that would allow him to keep his dock as it is and repair or rebuild it as required. Mr. McDonough said that he supports the use of boathouses on Lake Meridian. Robin Rausch,26430136th Avenue Southeast,Kent,WA stated that she resides on Lake Meridian. Ms.Rausch said that she is the president of the Lake Meridian Community Association and a member of the citizens advisory committee. She said that she is representing the opinion of people whom did not wish to attend the public hearing. Ms.Rausch stated that she sent out surveys pertaining to covered moorage and setbacks to Lake Meridian residents. She said that the result of the survey indicated a need to change the SMP as it pertains to covered moorage and dock setbacks. Ms.Rausch said the survey indicated that many people favored 5-foot setbacks and that a majority of people supported allowing boat covers. She stated that individuals who were opposed to boat covers cited view obstructions based on the topography of the land as well as creating environmental issues. Land Use and Planning Board Minutes December 14, 1998 w ' Page 11 Ms. Rausch stated that residents favored grandfathering existing structures with the allowance for repair of existing structures. She stated that residents were concerned with property damage due to the high water levels and have asked the City of Kent Engineering department to study this issue. David Malik asked Ms.Rausch what city official told them about the water level problem. Ms. Rausch stated that several meetings were held with city engineers familiar with the problem. She stated that the residents were told that an ongoing study would take place and the results of this study would be passed on to the residents. Ms.Rausch said that they requested pictures of the lake that would provide a historical perspective of water levels at varying times of the year as well as recent pictures of the lake for the purpose of comparing changes.in Lake Meridian's water table. Bonnie Harris,26712138th Place Southeast,Kent,WA said that she has resided on Lake Meridian for 13 years. Ms. Hams stated that she has pictures of the lake during the winter she moved in. She stated that the lake was frozen. She stated that pictures taken during the same time of year in 1996 shows that the lake is not frozen and the water table is much higher. Ms. Harris said that the lake has not been frozen since the late 80's. Ms.Hams said that when the park was remodeled,the natural drain flow was removed and the gate, which was used for draining water from the lake,was removed. She stated that she has sustained a $6300 repair bill for damage to her dock as a result of the high water table. She said her dock currently floats on the water, lifting the pilings out of the water. Ms. Harris said when the water table decreases, the pilings settle at different levels. Ms.Hams stated that at the time damage occurred to her dock, Lake Meridian was-regulated under King County's SNIP. She said that the City of Kent would allow her to remodel but not rebuild her dock. Ms. Hams stated that if her dock had been rebuilt, it would have been required to be within the 15-foot easement,placing the dock in the middle of her property. She stated that at this time,the old dock is situated on the property line and even though the repairs to the piers have raised their dock by 1.5 feet, the new dock is now under water. Ms.Harris stated that she supports grandfathering for retainage of existing docks. Ms.Harris spoke of her concern over ecological damage to the lake from chemical run off from yards. She stated that a sewer system runs around the lake and questioned if the storm drains could rum into that system as opposed to allowing run off into the lake. Ms.Harris voiced her opposition to allow covered moorage on the lake. Bill Rausch,26430136th Avenue Southeast,Kent,WA stated that he has lived on Lake Meridian since 1964. He said that he supports adoption of Subsection G to allow covered moorage under certain conditions. Mr.Rausch stated that the existing regulation,which does not allow covered moorage, is inconsistent with King County and does not reflect current use nor indicates the desires of Lake Meridian residents. Mr.Rausch stated that when the park was redesigned the boat launch was moved further north. He stated that a culvert system was created to allow for water run off creating higher water levels in the lake about 1.5 feet. Mr.Rausch said that vegetation blocks the culvert inhibiting the free flow of water and that some minor engineering changes could alleviate the water problems. Steve Dowell asked Mr. Rausch if it was his impression that the County caused the level of the water to rise in the lake as a result of putting in a culvert. Mr.Rausch concurred and stated that when the Land Use and Planning Board Minutes �.. December 14, 1998 Page 12 residents approached the county and asked them to address this problem they did not get a positive response. Ron Harmon MOVED and David Malik SECONDED a motion to close the public hearing. Motion carried. Brad Bell complimented Mr.O'Neill and Nancy Eklund for a job well done in respect to the positive feedback on the inclusion process. In response to citizenquestions,Mr.O'Neill stated that"grandfathering"was a nomenclature for a legal nonconforming use. He stated that this issue reverts back to the state law relating to shorelines where it defines a legal nonconforming development. He proceeded to define what would be allowed under a legal nonconforming use. Mr. O'Neill stated that if a nonconforming use were damaged to the extent of not exceeding 75%of the overall replacement costs reconstruction would be allowed back to the original configuration. Mr. O'Neill deferred to Environmental Engineer,Bill Wolinski regarding the rising water level of the lake although this issue does not specifically refer to the Shoreline Master Program. Mr. O'Neill stated a number of residents have been sensitive to view protection in respect to covered boat moorage so Planning staff has recommended that moorage not be allowed. Mr. O'Neill felt that definitions for floats,piers and docks should be consistent as well as cross-referenced throughout the .. document. He stated that bulkheads would be allowed as long as they did not create more land for the property owner and were not located waterward of the ordinary high water mark. Mr. O'Neill addressed dock setbacks from property lines and stated that the 15-foot requirement is taken directly from the County code. He clarified,that both the existing King County code and the ourrent proposal allows for docks to be built on a joint property line as long as both property owners are in agreement. Terry Zimmerman asked Mr. O'Neill if there were any plans to correct the chemical pollution from lawn fertilizers and upstream run off into the lake. Mr. O'Neill deferred to Environmental Engineer,Bill Wolinski and stated that the Public Works department works with the Homeowner's Association in providing environmental education regarding controlling the use of fertilizers and subsequent water run off to the lake. Mr. O'Neill stated that Bill Wolinski is in charge oof theenvironmental Neill ta engineering a the program,which includes flood control and storm water management. annexation,the City of Kent has worked with the County to understand what has been done in the watershed. Mr. Wolinski stated that his department has been analyzing the storm water systems and flooding problems throughout the entire annexation area. He stated that a comprehensive storm water management plan has been drafted which addresses the water levels in Lake Meridian and is proposing several alternatives that would address the water output. Mr. Wolinski said information would be presented to the public in early 1999 through public hearings on the comprehensive storm water management plan. Mr.Wolmski said that Kent's existing drainage ordinances require that a storm water treatment system be created for all new developments. Nancy Ecklund addressed Steve Dowells's concerns that herbicides are not to be used within 200 feet of the lake. Ms.Ecklund stated that it was her understanding that there is a distinction between herbicides Land Use and Planning Board Minutes December 14, 1998 Page 13 and chemicals and language exists in the model ordinance which distinguishes between agricultural chemicals and household chemicals. Sharon Woodford asked Kevin O'Neill if it would be possible to consider covered moorage by conditional use permit which would require a public hearing to allow surrounding neighbors to give their opinions. Mr. O'Neill stated that the Shoreline Management Act and the Shoreline Master Program does provide for a conditional use process requiring a public hearing. He stated that this option is available to the Board as a mechanism to allow residents to speak.Mr. O'Neill stated that one problem with this method is that it could create contentious public hearings in front of the hearing examiner. Mr.Dowell asked Kevin O'Neill the Kent's Shoreline Jurisdiction regarding associated wetlands and how shorelines and shorelands differ. Mr. O'Neill stated that the definition of shorelands is taken from the WAC and is defined as"any land within 200 feet of the ordinary high water mark or any flood plains, which are within 200 feet of the floodway. He stated that for purposes of Green River, the floodway and the riverbank are the same. Steve Dowell suggested a change in verbiage to read as"all shorelands and their associated wetlands" instead of:"all associated wetlands." Kevin concurred. Mr.O'Neill stated that the narrative regarding the Green River and settlements along the river does not specifically apply to the Muckleshoots Indian Tribe and is a narrative description of the area's history. Mr.O'Neill stated that the narrative is taken from the existing shoreline master program. Mr. O'Neill stated that Kent has coordinated for years with the Muckleshoots Indian Tribe and their use of the Green River for fishery purposes. Mr. O'Neill stated that he believed the Muckleshoots Indians do not fish within the City of Kent's jurisdiction. Mr. Hams stated that the indians net fish in the City of Kent along the golf course,which is not regulated by the city. Steve Dowell asked Mr.Hams if the Muckleshoots Indians are referred to in the draft of the SMP as a group that the City is mandated to confer with. Mr.Hams concurred. Steve Dowell stated that there seems to be confusion associated with the terminology used to define boat covers and believes there needs to be better clarification. Mr.O'Neill stated that Planning staff was relying on both the model ordinance and the existing County ordinance in putting those definitions together. Steve Dowell spoke at length on various definitions regarding moorage,docks and floats. Kevin O'Neill stated that part of the Board's recommendation could be to clarify certain definitions and extend deliberations to the next hearing to allow Planning staff to return with amended language for consideration. Brad Bell informed Kevin O'Neill that as part of the recommendation,the Board would like to direct Planning staff to reevaluate the definitions. Mr.O'Neill concurred and stated that staff would look at the WAC's to assure continuity with State law terminology. He stated that they would look at-the County shoreline program,the Department of Ecology model ordinance as well as other shoreline master programs in evaluation of terminology. Kevin O'Neill stated that after this proposal goes to the City Council it would go to the Department of Ecology. He stated that if the Department of Ecology feels there are inconsistencies in terminology they would give their input. Jon Johnson stated that dock repair should be allowed at 100%and should be included as a legal nonconforming uses as recommended by staff. He stated that he supports "G"so that the City remains in conformance with County regulations. Mr. Johnson stated that he supports the use of boat covers with Land Use and Planning Board Minutes December 14, 1998 Page 14 boathouses. He said that he supports 5-foot setbacks. Ron Harmon stated that docks should be allowed to be rebuilt at 100% and that he supports"G"to allow covered moorage even though he stated that both F and G have merit. Steve Dowell voiced his support of"F"with the exception of boat covers. Brad Bell agrees with Mr.Harmon and Mr.Dowell that dock setbacks should be changed from 15 to 5 feet. He said that he supports"F". Sharon Woodford supports"F"as"G does not allow for view protection. She stated that she approves of 5-foot setbacks. Terry Zimmerman approves of 5-foot setbacks specifically when lot frontages are small. She stated that she supports 100%repair for docks that have been destroyed by high water. She stated that she urges the City to address the flooding issue. She said that she supports "F". David Malik supports the 5' setbacks with 100%repairs allowed on the docks. He voiced concern with the high water levels and the chemical pollution problems and would like the City to look at these issues. Brad Bell stated that he agrees with Mr. Johnson in that he does not see any problem with someone building an attractive boat-house as long as it did not pbstruct a homeowner's view on Lake Meridian. Brad Bell stated that those owners who have boat houses and docks should be grandfathered. He supports 5-foot setbacks for docks as well as 100%repair due to the lake's water level problems. Assistant City Attorney Laurie Evezich clarified with Mr. Bell that he was referring to legal nonconforming use when he voiced support of grandfathering. Mr.Bell concurred. Mr.Dowell acknowledged Planning staff for their hard work in creating the SMP proposal and thanked City Council member Sandy Amodt for coming to the public hearing to study this issue. Fred Satterstrom asked the Board to include the areas that lay within Kent's potential annexation area in their recommendation to Council regarding the Green River. He asked the Board to include in their motion-the 200 foot Urban River Resource designation and that it be applied to the entire 200 feet on both sides of the Green River throughout the PAA(Potential Annexation Area). Mr. Satterstrom stated that if the Board includes the potential annexation areas,Planning would not have to come back to the Board for amendments to the Shoreline Management Program every time a portion of the river is annexed. Brad Bell stated that he is concerned that a request is being made after a public hearing where the general public has not had a chance to respond so he does not approve of this request for inclusion of the PAA. Mr. Satterstrom stated that appropriate notification was mailed throughout the stem of the river and recipients could have attended the public hearing if they desired. Steve Dowell stated that he recalled the"Urban Growth Area was referred to in the proposal in narrative form but not on the map,which should cover the area that Fred Satterstrom,was referring to. Terry Zimmerman asked Assistant City Attorney, Laurie Evezich to clarify legal issues associated with this issue. Laurie Evezich asked Brad Bell to reiterate the Board's concerns. Brad Bell stated that ............. Land Use and Planning Board Minutes December 14, 1998 Page 15 information provided by the Planning staff was confusing regarding inclusion of the PAA as there was a narrative included in the proposal but not indicated on the map. Mr. Bell stated that staff has requested a change in their recommendation after the public hearing took place: Mr.Bell stated that the public would have no chance to respond to that issue. Brad Bell stated that as chair,he voiced his objection to this change, as it is the information is not provided with the basic material. Mr. Bell stated that if the information has been provided, there is no reason to change anything at this time. Ms. Evezich said that her understanding of staff s request is that they are not requesting a change to their recommendation,but asking to incorporate a modification to their recommendation. Ms.Evezich stated that she did not believe this would be a substantive change and asked to hear Fred Satterstrom's recommendation. Mr. Satterstrom explained that the request is a clarification of the difference between the text and the map. He stated that the only areas left in unincorporated King County that Planning could add through annexation is the shoreline along the Green River. Mr. Satterstrom stated that when Planning staff generated the map that was provided to the consultant, staff had anticipated that the consultant would change the map to show the 200-foot within the PAA but that it just showed the 200 foot area inside the City limits of Kent: Mr. Satterstrom said that he is requesting that the Board include the shorelines along the PAA of the :,... Green River within the Urban River Resource Designation in their recommendation. Ms.Evezich stated that it is within the Board's authority to make this clarification for the record. She stated that she believes proper notification went out to the public on the areas to be designated. Terry Zimmerman indicated her concerns to Ms.Evezich about regulating the PAA when this area is currently under King County's jurisdiction. Ms.Evezich stated that policies could be adopted for PAA's under the Growth Management Act. Brad Bell MOVED and Sharon Woodford SECONDED a motion to adopt staffs recommendation of Section F for#CPA-98-4/SMP-9871 Shoreline Master Program with the following changes and clarifications: • to change the setback for the docks from 15 feet to 5 feet and • to change the dock repair threshold from 75%to 100%and • to allow the map change in regards to the potential annexation area and the 200 foot Green River issue and to direct staff to work on the definitions. Motion carried unanimously. Kevin O'Neill asked Brad Bell in terms of the repair threshold from 75%to 100%to clarify if it is the Board's recommendation that the threshold be changed for every shoreline environment or just Lake Meridian. Brad Bell clarified that this would pertain solely to Lake Meridian. Brad Bell announced that this is his last meeting as Chair and that Mr.Ron Harmon will take over as chair January 1, 1999. He thanked the Board members and Planning staff for their support in allowing him to be their leader and thanked Ms. Evezich for her direction. He thanked the audience for their Land Use and Planning Board Minutes December 14, 1998 Page 16 patience in setting through a very lengthy meeting. ADJOURNMENT Ron Harmon MOVED and Terry Zimmerman SECONDED a motion to adjourn. Motion carried. The meeting adjourned at 11:15 p.m. g ly Submitted, ams „ _....................__ /X� Kent City Council Meeting Date January 19, 1999 Category Other Business 1 . SUBJECT: TRANSPORTATION FUNDING ALTERNATIVES TASK FORCE 2 . SUMMARY STATEMENT: City Council wishes to appoint a citizens task force of no more than eleven people who will review alternatives for financing transportation improvements in the City. The Task Force will have representatives from real estate professionals, developers and home owners . Task Force members will be appointed at the Council meeting of February 2 , 1999, and will make their report within 90 days . 3 . EXHIBITS: Memo from Council President Orr 4 . RECOMMENDED BY: Council President Orr (Committee, Staff, Examiner, Commission, etc . ) 5 . UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES 6 . EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember 1'tJ �/ seconds that the Council create a Transportation Funding Alternatives Task Force as outlined in the memorandum from Council President Orr, and that said task force be directed to study alternatives for transportation funding, and to report its recommendations within ninety days . DISCUSSION: _ ACTION: m C— Council Agenda Item No. 7E MEMORANDUM TO: CITY COUNCIL FROM: LEONA ORR, COUNCIL PRESIDENT SUBJECT: TRANSPORTATION FUNDING OPTIONS DATE: January 12, 1999 There has been a great deal of discussion recently regarding the city's method of collecting fees for financing construction of transportation projects; specifically, corridor projects. This discussion has been stimulated by the city's practice of entering into Environmental Mitigation Agreements (EMA) with developers wherein a developer agrees to pay a certain amount at a future date or participate in a future LID rather than paying fees at the time of development. These EMAs run with the land and have resulted in subsequent property owners becoming responsible for the payments when they become due. The developer is long gone, and the current property owners feel as though they have been left to pay what should have been paid when the property was developed. I would like to propose that a community task force be created to investigate the alternatives for financing corridors and other transportation needs. The task force would consist of no more than eleven members with representatives from real estate professionals, developers and home owners. They would explore all alternatives for transportation funding, and how the impacts of growth can be mitigated. They would then make a report to the City Council within ninety days. If this proposal meets with your approval, I would like to confer with Mayor White, and make appointments to the task force at the February 2, Council meeting. I welcome your suggestions for appointments to the task force. I will be asking for your consideration of this proposal at the January 19, meeting. Council memo.Orr.Trans Task Force Kent City Council Meeting �., Date January 19 , 1999 Category Bids 1 . SUBJECT: DEVELOPMENT SERVICES & INFORMATION SERVICES TENANT IMPROVEMENT PROJECT 2 . SUMMARY STATEMENT: This project was driven by increased staff requirements in Development Services and the need for a full-service training room for Information Services . Four bids were received. Staff recommends entering into agreement with Springhills Engineering, Inc . for $67, 400, plus tax, including Alternative No. One for $500 to cover expected overtime . 3 . EXHIBITS: Bid tab 4 . RECOMMENDED BY: Staff (Committee, Staff, Examiner, Commission, etc . ) 5 . UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES 6 . EXPENDITURE REOUIRED: $67 ,400 plus state sales tax SOURCE OF FUNDS : Councilmanic Bonds in the Capital Facilities Plan 7 . CITY COUNCIL ACTION: Councilmember O&TS4 moves, Councilmember_�seconds to award the contract to complete the Development Services and Information Services Tenant Improvement Project to Springhills Inc . , for $67, 400, plus tax. .� Jt 7L0, ( .e�V� DISCUSSION: ACTION: Council Agenda Item No. 8A PARKS FACILITIES BID TAB PROJECT:Development Services and Information Services Tenant Improvement Project ADD BIDDER BID ALT. #1 TOTAL Libby Fredericks, Inc. $67,829 $6,800 $74,629 Springhills Engineering, Inc. $66,900 $ 500 $67,400 Alexander Const. Corp. $64,300 $6,000 $70,300 Red Mountain Company $73,100 $1 ,500 $74,600 REPORTS FROM STANDING COMMITTEES AND STAFF A. COUNCIL PRESIDENT d/l/V dAlkl CAL Qcte kce- U B. OPERATIONS COMMITTEE C. PUBLIC SAFETY COMMITTEE D. PUBLIC WORKS/PLANNING COMMITTEE C-Q�^-� 3310 o" Wed E. PARKS COMMITTEE F. ADMINISTRATIVE REPORTS OPERATIONS COMMITTEE MINUTES December 1, 1998 COMMITTEE MEMBERS PRESENT: Judy Woods, Chair, Sandy Amodt, Tim Clark STAFF PRESENT: Connie Epperly, Jim Harris, Joseph Lorenz, Brent McFall, Diana Nelson, Fred Satterstrom, Roger Lubovich, Charlie Lindsey, Michael Sigsbee, Paul Scott, Jed Aldridge, Norm Angelo, Tom Brubaker, Sue Viseth, Leona Orr, Bob Olson, Marty Mulholland, Keith Mutch, Dea Drake, Stan Waldrop, John Hodgson, May Miller, Jackie Bicknell PUBLIC PRESENT: Linda Johnson, Lon Hurd, Jackie Reis The meeting was called to order by Judy Woods, Chair, at 3:33PM. Approval of Minutes of November 17 1998 Committee Member Tim Clark made the motion to approve the Operations Committee minutes of November 17, 1998. The motion was seconded and carried 3-0. Approval of Combined Check-Detail Vouchers Dated 11/30/98 May Miller, Finance Director, requested approval of the November 30, 1998 vouchers. Tim Clark made the motion to approve the vouchers in the amount of$2,744,989.62. The motion was seconded and carried 3-0. Kent Regorter/City Newsletter Contract Dena Laurent, Government Affairs Manager, presented for approval the contract with the Kent Reporter for publication of a monthly City Newsletter. In the past, the City published a newsletter as r" part of the Parks &Recreation brochure,but eight months ago when the Kent Reporter began its publication,they approached the City asking to publish the City Newsletter. After receiving good community feedback about the Kent Reporter, the City chose to budget for publication of the newsletter by the Reporter in 1998. Tim Clark noted that the Reporter is sent out to 28,000 Kent homes and asked if there was any anticipation of additional areas of coverage. Ms. Laurent said that, on a quarterly basis, bulk mail numbers are received from the Post Office according to routes that fall in the incorporated boundaries. These are tweaked to keep up with annexations and new construction that becomes occupied. Committee Member Sandy Amodt moved that the Operations Committee recommend to the Council approval of the 1999 Kent Reporter contract for publication of a monthly City newsletter. The motion was seconded and carried 3-0. Proposed Land Use Fee Schedule Revisions Diana Nelson presented the continuation of the Proposed Land Use Fee Schedule Revisions. This item was continued from the previous Operations Committee to allow Committee members to meet with staff to discuss some concerns and proposed amendments. Ms.Nelson said Table 1 and Notes 1 include the provisions that were proposed by Councilmember Clark whose concerns were for affordable housing and mixed-use developments. She said in order to address those concerns,some of the fees for single family residential development were lowered which allows housing values under$125,000 to receive a reduced level. Also reduced were fees for minor and major single family construction on existing dwellings. Another issue was reducing the previously proposed fee for accessory dwelling units, and to give a fee break or waiver up to 75% of the value for a mixed-use building where commercial and residential uses were within the same building. Development where �/ uses were separated in different buildings would not receive the same break. Ms. Nelson said staff had met with Councilperson Amodt who was concerned about the large increase in fees all at one time. Ms. Amodt proposed phasing the increase in a six month period. Ms. Nelson said staff is not recommending the phased approach because they feel it would be preferable �— to amend fees and deal with public questions and issues once rather than over a period of time. Tim Clark moved that the Operations Committee recommend to the Council approval of the amended Planning Department Fee Schedule as shown on Table 1 and Notes 1 of the November 25, 1998 staff report. The motion was seconded by Chair, Judy Woods. Mr. Clark said, given the pressures of the Growth Management Act, the availability of land, and the style of development that has recently taken place, the major problem is the cost of housing and trying to make affordable housing available. Eighty percent of the population wants greater control over growth, and a major complaint is traffic congestion. The hope for the City is to attract participation from the development community for mixed-use development in Kent. People need affordable housing close to work, and Mr. Clark suggested this could create a different and quality lifestyle. Sandy Amodt stated that she is opposed to any increases. She said she understands the costs of developing property and the need to pass the costs on to consumers, but feels the low-moderate income housing is still going to get hit with the increases. She understands that City employees are working time not covered and sees the need to add people. However, she said she also understands that one-half of the proposed increase would adequately supply two additional people to speed up the process to customers. Ms. Amodt said she thought the issue should be researched further. Tim Clark recounted that for some time the City has not raised fees and has been underwriting some of the costs, which he labeled corporate welfare. Now the City is proposing to set fees that actually reflect costs. Developers are making the money and they should be paying for the services they are getting. Ms. Amodt concurred that the issue was like a Catch 22 and said she would be much happier with a half increase rather than the full increase. She stated she felt doing a five-fold increase would be like a slap in the face. Her concern is whether people can actually afford to buy homes or businesses or rent facilities. She said what was done in the past is unfortunate, but asked if the City really needed to do the increase so quickly. Tim Clark stated there is no such thing as freebies, that any supposedly free service is a cost to government and comes from taxpayer dollars. The issue is whether the City will continue to underwrite the services for the development community or whether developers will now begin to pay for what they have been receiving. Fred Satterstrom said the City is taking a marketplace approach. The fees are in line with other jurisdictions where developers do business, and most won't notice the change in fees. He said they do notice now that Kent doesn't charge the kind of fees other places do. He agrees with Mr. Clark that the portion they are not paying is born by others, coming from the general fund which is the taxpayer dollars. The fees, even though they are going up substantially, still will not recover all of the costs. The City is not proposing to be totally fee supported and there will still be a general subsidy with some services provided without charge. The"little guys" fees are not going up as substantially as others,but they will still go up. Some of the new categories for the smaller,cheaper single family dwellings will remain lower. The motion was voted on and carried 2-1 with Sandy Amodt voting no. Software Maintenance Contract ApRroval Marty Mulholland, Information Services Director,told the Committee that approximately 10 years ago the City purchased the Finance, Payroll,Personnel, and Parks systems from a company known as f .iagement Advisory Group (MAG). Over the 10 year period, the City paid MAG for supporting .e software with a maintenance agreement that.allowed the City to receive updates in the software vithin the framework of the maintenance agreement, and that also included a help system. MAG will no longer support these products effective December 31, 1998, and Ms. Mulholland said the Department has asked the agency that actually created the software to provide the City with a maintenance agreement. The Center for Information Services has agreed to provide maintenance services for Finance, Payroll, and for the Production Management System that helps makes it all work. They will not be supporting the Parks system. Sandy Amodt moved that the Operations Committee recommend to the Council to authorize the Mayor to sign a contract with CIS for the maintenance of the City's Finance, Payroll, and Production Management Systems, subject to City Attorney approval of contract documents. The motion was seconded and carried 3-0. Wide Area Network EauiPment Purchase Marty Mulholland said one of the objectives of the technology plan was to connect all of the City's outlying facilities to the network. She said the goal of this purchase is to buy the devices that will allow the other city facilities to plug in. However, another aspect of the network is that some of the buildings themselves need to be rewired, which will create substantial additional infrastructures issues. This purchase is a portion of the total wide area network. Ms. Mulholland introduced Joe Lorenz,Network Manager. Mr. Lorenz said Information Services worked with consultants from Moss Bay Group who helped the department come up with a wide area plan to connect the remote sites that would take the City to the next step in deploying the Parks system. Moss Bay Group also helped to identify and select the infrastructure backbone. The CISCO product line of routers was identified for use throughout the installation, and staff also identified an attractive bid from the Washington State Department of Information Services that alleviates the bidding requirements by purchasing off of the state contract. Tim Clark asked for a rough idea of what will still not be connected to the network. Joe Lorenz said the majority of the large sites will be connected, but there are a few small sites like some police substations and the Green River Resource Center that have just a few employees that will be connected on a dial-up basis to the network. Sandy Amodt asked how the department would deal with remote access for the Councilmembers. Mr. Lorenz said they are looking at a dial-in capability for Councilmembers as well as the remote access locations. Ms. Mulholland clarified that this equipment purchase would be to support the larger City facilities. Ms. Amodt asked if Councilmembers would be able to access the City ordinances when the web page is finished. Ms. Mulholland said that has not yet been undertaken as the Year 2000 Plan has taken precedence over the web site. Tim Clark moved that the Operations Committee recommend to the Council to authorize the Mayor to sign a contract with Cisco Systems for the purchase of network hardware for wide area networking, subject to City Attorney approval of contract documents. The motion was seconded and carried 3-0. PC Purchase An rR oval Marty Mulholland said one technology objective was to eliminate the 486s,which are some of the oldest computers on the campus. She said with this purchase they will not be entirely deployed by the end of this year, but should be by the first quarter of next year. Bob Olson, Information Services Operations Manager, informed the Committee that quotes were received from six different companies with the lowest from Technology Express at $157,629.90. That quote was for 73 personal computers with 17 inch monitors to be used by staff, and 14 PCs with 14 inch monitors to be used in the training facility. He said the unit costs come under budget. Sandy Amodt moved that the Operations Committee recommend to the Council to accept the quote of $157,629.90 from Technology Express for the purchase of eighty-seven Hewlett-Packard Pentium II personal computers, and authorize the Mayor to execute the necessary documents to complete the purchase. The motion was seconded and carried 3-0. Parks System Software Purchase An rR oval Marty Mulholland introduced Stan Waldrop, Senior Systems Analyst. Mr. Waldrop informed the Committee that the old system was not Year 2000 compliant, plus the automated registration system was not useful at the front counter. A committee of eight was formed consisting of Mr. Waldrop and several people from Parks & Recreation. The committee decided that citizens' access to any Parks & Recreation registration information, plus improving customer service at the point where people interact with cities were the required features they wanted. Two responses were received from vendors and the ultimately successful one was from Escom Software Services LTD, a large Parks & Recreation software vendor that has hundreds of selections throughout the U.S. and is very well thought of in the industry. Some of the things the new system will provide are an automated, front counter activity registration system, interest registration, the ability to query facilities to see what's available, and touchtone registration. This will add functionality to the Parks& Recreation System Environment that's not currently available, and the idea is to make it as friendly and easy as possible for the citizens to take advantage of these areas. Tim Clark asked which cities were currently using the program. Mr. Waldrop answered that Tukwila,Issaquah, and Renton were using the software. He had talked to Issaquah and Tukwila and also Charlotte,NC, a recent installation of Escom, and they all had rave reviews. Escom was chosen, not because of the cost or the technical requirements,but because they have an excellent customer support structure. They have a very high industry profile and service their customers very well because they want to maintain that profile. Sandy Amodt asked about the projected completion time. Stan Waldrop said that phase 1 was getting the current registration project system installed and working in-house to receive facility scheduling and that would occur sometime around April, 1999. Phase II would be to implement the touchtone intereet registration and query with a timeframe of approximately June—July. Sandy Amodt moved that the Operations Committee recommend to the Council authorization for the Mayor to sign a contract with Escom Software Services Limited for the purchase of a Parks and Recreation System and Services, subject to City Attorney approval of contract documents. The motion was seconded and carried 3-0. TCI McMgr Resolution Tom Brubaker, Assistant City Attorney,told the Committee about the proposed merger between AT&T and TCI. Under the terms of the City's franchise agreement,before that merger can take place, any change of ownership of TCI must be approved by the City of Kent. This resolution protects the City's interest. Mr. Brubaker said that one disclosure issue to convey was that some intereet service providers are trying to get access to the broad band intereet services that TCI can currently provide in some areas. The City has been contacted by some of the services who have asked to make as a condition to the franchise and the merger approval that TCI or AT&T/TCI commit to leasing its broad band facilities to those other providers. Mr. Brubaker said it was his opinion and advice that the City not buy into that request as it would be a regulation not authorized by the City's franchise under the assignment provision, and would get the City in the middle of the conflict between those providers. The current resolution has been amended to say that should TCI lease its broad band services to these other providers, that will be calculated in their gross revenues which will be subject to the franchise fee. Tim Clark said one concern is what happens if other services are put on line, would the City lose control of what actually gets carried through the network. Mr. Brubaker said in his opinion that since the FCC has so thoroughly covered the field of regulations of cable companies, it's unlikely there would be any loss of regulatory authority. Lon Hurd from Cable Communications Consultants said that a clause has been added to make it very clear that because of the discrepancies in the definition of services, TCI is allowed to the right of cable television services only under this existing franchise. If they decide to expand upon their uses, they will be required to come back to the City and ask for additional franchises to provide any additional services. Mr. Clark asked Mr. Brubaker for clarification of whether TCI could just say they wanted an additional franchise agreement or if they would have to negotiate a completely new deal. Mr. Brubaker said it would be starting from scratch for a new deal. He said the Federal Communications Commission has issued an extensive amount of regulations for the Cable TV Industry and the City's regulatory authority is very limited. What grows out of the City's franchise authority is the ability to let TCI lease or use City public right-of-way. Sandy Amodt asked about AT&T's ability to increase rates. Mr. Hurd said TCI will be regulated in accordance with FCC rules for the lowest level of services. He said to not expect rates to increase anymore than if the existing ownership were retained. Tim Clark moved that the Operations Committee recommend to the Council passage of the resolution approving the proposed merger of TCI and AT&T, subject to certain conditions, specifically the AT&T agreement that all its cable operations purchased from TCI within the City of Kent will remain subject to the City's Franchise Agreements. The motion was seconded and carried 3-0. HoteUMotel Lodging Tax Brent McFall, Director of Operations, and members of the Committee, James Eagan and Linda Johnson were asked to report the findings of the Lodging Tax Advisory Committee. Mr. McFall informed the Operations Committee that Chair,Judy Woods, was also Chair of the Lodging Tax Advisory Committee. He reported that the committee was created by the City Council according to the requirements of state law to consider whether or not the City of Kent should impose on lodging establishments in the City a 1% lodging tax, and if so, for what purpose those funds should be utilized. State law constraints are that the funds have to be utilized for tourism promotion purposes. The committee first met on Oct.22"d and considered proposals with respect to a lodging tax in the City. They met again on Nov. 9 h and formulated a recommendation to the City Council that a lodging tax of 1%be levied in the City of Kent and that it be adopted at the Council's earliest opportunity. The tax is estimated to generate $175,250. The committee is recommending those funds be utilized using $85,000 for land acquisition for a potential performing arts center; $50,000 to be available for contracts for services for tourism development and to create marketing; and the remaining$40,250 revenue to be reserved for contingencies and fund balance. These funds would be accumulated in a separate fund of the City and dispersed out of that fund so they would not be co-mingled with the general fund. Any funds accumulated in this fund would stay with the fund and would be available for future uses compatible with the state statute. The $50,000 tourism development component for contracts and services in the first year is a concept looking at taking advantage of agencies that already exist or might be created for the purpose, not necessarily building a capability inside the City to do marketing and promotion of the City. Mr. McFall said the Chamber of Commerce might be an entity that would contract with the City for certain tourism development activities. The City would develop a request for proposals that would go out to potential contractors who would submit their proposals for how they would conduct their tourism development activities on behalf of the City and at what cost. The committee would review the proposals and make recommendations to the Council on what agencies to contract with. Linda Johnson made the comment that the committee didn't all agree on how to spend the money and it took some serious thought, but in the end they were agreed and worked really well together. Judy Woods said the committee would meet quarterly for evaluation. Brent McFall said the committee is composed of three members of the lodging community and three representatives of potential beneficiaries of the tax and one member of the City Council. The committee's recommendation was unanimous. Tim Clark asked if the committee's approach was to look at the long-term investment of the project with a recognition of what it does in terms of the vitality of the community. James Eagan said he thinks it is an advantage in promoting the City, and will be able to use the tax dollars to bring more tourism into the Kent area whether it be through a performing arts center or other avenues. He said the majority decided that it would be beneficial to all. Judy Woods noted that the committee talked about other events besides the performing arts center which can be marketed with the revenue. Mr. Eagan said he would like to see some short-term projects so the City can benefit in 1999. Sandy Amodt questioned if the committee talked to the hotels and motels in Kent and if there was a concern that the increase would effect travelers coming into the Kent area. Linda Johnson said the ._ original meeting was with people from all the hotels in the area and they recommended moving forward with the tax. She said the three motel/hotel people on the committee were selected from that first group. There were many hours of discussions on the effects of the tax and the consensus was that there may be some people who would feel the effects but the overall good for the community outweighed the concern. Ms. Amodt asked what the tax percentage would be after this additional tax. Mr. McFall said it is currently 11.4%and would be 12.4%after the 1%tax is added. Tim Clark moved that the Operations Committee recommend to the Council adoption of an Ordinance levying a 1%Lodging Tax and that the 1999 Budget be amended to reflect the estimated revenue and proposed expenditures of the tax. Tax revenues are to be pledged to capital improvement bonds for acquisition of property, tourism development activities, contingencies, and reserves. The motion was seconded and carried. 3-0. Tenant/Facility Imnrovemenb-Budget John Hodgson, Parks Director, said that some improvements to facilities were identified in the Capital Facilities Plan for 1998-99. He requested to move forward with those and to begin the councilmanic bond process. He said the City doesn't have any more space for the growth of staff as areas are annexed and the departments grow. Much of the requested work is.to provide necessary tenant improvements so staff can be moved around the buildings. Some leases have ended at the Centennial Building and improvements have begun there. In addition to that, Municipal Court was vacated and now final improvements are needed to move Fire Prevention over there. Renovations are needed at Fire Station 74 with outside gutters replacing internal gutters and some siding replacement. The Kent Memorial Park building needs some facilities improvements to bring it up to code. At Russell Road Park all the asphalting in the park needs to be repaired,the irrigation system needs replacement and the bleachers need replacement to bring them up to code. Parks also wants to add some trees at Russell Road. May Miller said that all year the City has been expecting to issue bonds, but had to wait for the land purchase to be finalized on East Hill, and to wait for environmental studies to be done. She said interim funding can be used as long as the Council declares their intent to bond, then the borrowed money can be reimbursed as soon as the bonds are issued. She thought the bonds would be issued around March. One legal requirement is to establish the budget and to declare the intent to bond and to reimburse those expenditures. Tim Clark moved that the Operations Committee recommend that the Council authorize tenant improvement budgets of$1,291,000 with "intent to bond" and reimburse expenditures in Spring of 1999. The motion was seconded and carried 3-0. 1998 Budget Adjustment Ordinance May Miller explained that twice a year all the Budget changes are gathered into two Ordinances. This current Ordinance covers all the changes from July through December. It also approves a line of credit not to exceed $200,000 to cover the housing and community development short-term loan. The majority of the budget changes have already been approved by Council. The balance of approximately $645,000 has not been approved by Council previously, but is to make sure there is a full budget to cover expenditures. The biggest portion of that of over$500,000 is for the City's self- insurance health claims. Ms. Miller said a budget has to be in place to pay those claims even though the City will receive some reimbursement. Another change is a small amount for workers comp and property damage claims,part of which relates to the expenditures for the water damage at the Police Department. The last part is $41,000 which is the golf management contract fee to pay for the merchandise sales. Ms. Miller said there were a few other corrections where Capital Projects didn't get budgeted in the proper place. Sandy Amodt asked why there were more claims this year. Ms. Miller said she thought claims were starting to rise all over in the health industry. In addition, some years there is more illness. She added that she would like to include the Tenant Improvement Budget in the motion. Tim Clark moved that the Operations Committee recommend to the Council approval of the budget adjustment Ordinance for adjustments made from July 1, 1998 through December 31, 1998 totaling $15,438,927, plus the Tenant Improvement Budget previously acknowledged, and to approve a line of credit in an amount not to exceed $200,000 to cover housing and community development costs at year-end until they are reimbursed by King County. The motion was seconded and carried 3-0. 1999 Budget Ordinances & Tax Levy Ordinances Brent McFall said that he and Finance Director, May Miller, have been able to respond and answer questions on the Budget and make some adjustments based upon changes that Councilmembers suggested. Some good news is that the assessed value figures have been received from King County and were higher than the estimates in the area of new construction. This has allowed some available funds in the Implicit Price Deflator limit of 0.85%on property tax collections to do some of the suggestions that were heard from Councilmembers: add two additional Police Officers for a total of five in this budget,and bring the City's funding of the Downtown Partnership to the same level as past funding in the amount of$32,000 (a$17,000 increase over what was originally in the recommended budget). The City has also been able to change and move up some of the dates for the phased hiring that had been originally proposed. Other funds, such as the electronic message equipment fund to notify people of street projects, and impending paving projects are now in the budget. Mr. McFall said there was a request from Mr. Clark to use some unappropriated funds in the Capital Improvement Fund to buy some development in agricultural production lands. An inadvertent item was funds for the senior activity bus of$66,000. These funds were in the equipment rental reserve to replace the unit,but didn't get in the equipment rental replacement list. This Ordinance adds it to the list. Another item is that the King County Fire District Board of Commissioners finalized its budget with the result of an increase of funds to the City of Kent under the City's contract of$156,000. The Board of Commissioners specifically requested the City utilize those funds for Arson Investigator and Emergency Management Coordinator assignments in the Fire Department and also for an Inspection Supervisor assignment. Judy Woods asked if this would be ongoing revenue. Brent McFall said it would be and had to do with King County's assessed values also coming in higher than expected. He said they have also stayed within the Implicit Price Deflator. Staying within the price limits of the Implicit Price Deflator limits of Referendum 47 has resulted in a significant property tax rate reduction. May Miller explained the technical corrections for the Budget which includes the Hotel/Motel Budget previously approved. She said there was one correcting addition to the beginning and ending fund balance of$14,415. This budget is the preliminary budget plus the adjustments. Tim Clark asked if the need for the additional arson inspector was due to the increased population the City is serving which has created more demands. Chief Norm Angelo said that experts recommend the minimum of three fulltime fire arson investigators for a City between 50,000-100,000 people. Kent has more than its share of activity and has extremely good investigators who have been very effective in sending the message to the community that you don't do arson in Kent. Because of the work load and level of activity that's been encountered,not only growth in the City but density and the type of activities have pushed us to the point where the current two arson investigators are in overload. The number of incidences of arson and fire investigation have gone up. At the same time, the issuance of successful prosecution of individuals has also gone up. Tim Clark moved that the Operations Committee recommend to the Council approval of the 1999 Budget including technical adjustments as presented. The motion was seconded and carried 3-0. Brent McFall explained that the City had about$285,000 more in property tax revenue than had been estimated because of the higher assessed value from King County. May Miller said the original amount of increase for Referendum 47 was$129,123. That stayed the same but a Refund Fund which has to do with errors and adjustments of$100,000 and a little bit higher value on the new construction and on the annexations of Del Mar and Meridian Valley make up the difference. Ms. Miller said that before Referendum 47.there only had to be one ordinance,but now two separate ordinances are required. The first Ordinance is the Referendum 47 Ordinance. The law requires a hearing with a set date and that the City state how many dollars it will levy higher than the dollar amount over last year. To protect the right of future councils,the levy base at 6%needs to be protected. Each year Council will decide what the percentage will be up to 6%. The second Ordinance just deals with the dollar amount. The General Fund amount is$17,175,994 which is the total amount calculated by adding all the pieces—last year's levy,the $129,000,the new construction, the annexations. In addition, there is a debt service fund that totals$1,832,413. Tim Clark moved that the Operations Committee recommend to the council adoption of the Ordinance stating that a public hearing on the tax levy was held Nov. 17, 1998,that the property tax increase is $129,122 over last year's regular levy which is 0.85%, equal to the Implicit Price Deflator, also to protect the Council's future right to levy the maximum allowable. The motion was seconded and carried 3-0. Tim Clark moved to recommend adoption of the tax levy assessing property taxes of$17,175,994 for the General Fund and$1,832,413 for the Debt Service Fund. Kent Downtown Partnership Update Linda Johnson, Kent Downtown Partnership Director, made the final quarterly report for the year. She said this has been a very busy year for downtown Kent with all the construction, new businesses, people coming and going,the train station, 20 Year Strategic Action Plan and all of the other things the Partnership has worked on the last year. Ms. Johnson said a new bakery is coming to the corner of I" Ave. and Gowe St. The building's been sold and will probably see a total redevelopment in the next eight months. That property has been in pretty poor repair for some time and the new owners are going to put a substantial investment into it. Ms. Johnson said the holiday season open house went very well for Kent's merchants. On Saturday, a parade will start at 4:00 in the afternoon and begin on First Ave and follow Meeker. When the parade is over, the lights will be lit in the park. Ms. Johnson said the Kent Downtown Partnership has been going for seven years. Tim Clark asked what the total participation was in the Partnership. Ms. Johnson said the number of people who actually contribute in dollars is around 100. People who contribute in sweat equity, which the Partnership does allow, is probably 120-130. Then there are people who don't really participate, but KDP offers them services and there are a lot of people in the downtown area that are serviced but that aren't true members of the organization. Ms. Johnson said the number of calls from people interested in coming into the community has doubled from last year. Density wise in downtown Kent,there are only two spaces for lease that are retail spaces. There are two fairly large office use spaces that are for lease in the downtown. One of them is not listed on the multiple listing and the other one has just been listed. Rumor is that a tenant has been found for the space next to Starbuck's. October Financial Report May Miller handed out the October Financial Report and said the numbers are consistent with the budget. The meeting was adjourned at 5:48PM. ................... REPORTS FROM SPECIAL COMMITTEES Y Via! o CONTINUED COMMUNICATIONS A. ......................... EXECUTIVE SESSION A) Property Acquisition B) Potential Litigation