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HomeMy WebLinkAboutCity Council Meeting - Council - Agenda - 05/04/1999 i City of. Kent J City Counco il Meeting � Agenda T CITY OF f �'� dE9�7II�5Ph� Mayor Jim White Counci/members Leona Orr, President Sandy Amodt Connie Epperly t ' Tom Brotherton Judy Woods � Tim Clark Rico Yingling May 4, 1999 office of the City Clerk ` CITY OF SUMMARY AGENDA ` - KENT CITY COUNCIL MEETING f vICsr. May 4 , 1999 Mayor Jim White 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. Drinking Driver Task Force Design Contest Recognition eremony B. Report on China Trip C. Proclamation - Letter Carrier' s Food Drive Day D. Proclamation - Police Officers Week E. Proclamation - National Day of Prayer F. Introduction of Appointees ��D BY /VAyo,*, n71OZoYET of 7'E /Y1o�- 5 . PUBLIC HEARINGS A. * LID 352, South Kent Storm Sewers - Formation - ordinance-3g5c-po- B.* Billboard Moratorium - Resolution - /537 6 . CONSENT CALENDAR A. Approval of Minutes B. Approval of Bills C.+ System Development Fee, Meridian Stormwater Capital Improvement - Ordinance-35453 D. * Street Vacation, 125th Place SE - Resolution Setting Hearing Date - 1538 E. Surplus Vehicles/Equipment - Authorization F. Garrison Creek Reservoir Seismic Upgrade - Accept as Complete G. -�K Neighborhood Traffic - Resolution.- /53`J' H. - Laser Beam - Ordinance- 3515V I . - Criminal Code Amendment - Ordinance.-3V55 J. Youth/Teen Utility Tax Reauthorization - Ordinance -3; S6 K. YC- Central Avenue Design Guidelines Amendment - Ordinance-3457 L. )k Shoreline Master Program - ordinance - 3 YS S M. Trinity Church Parking Lot Development and Joint use Agreement at West Fenwick Park - Authorization N. Fireworks Display Funding Request - Approval O. Downtown Planter Box Replacement - Authorization (continued next page) SUMMARY AGENDA CONTINUED 4 P. King County Basic Life Support Service Contract Amendment for 1999 - Authorization Q. Civil Attorney Position - Authorization R. Remote Access System Purchase - Authorization S . Country Club North Final Plat - Final Approval T. Transit Advisory Board Reappointments 7 . OTHER BUSINESS None 8 . BIDS None 9 . REPORTS FROM STANDING COMMITTEES AND STAFF 10 . REPORTS FROM SPECIAL COMMITTEES 11 . CONTINUED COMMUNICATIONS 12 EXECUTIVE SESSION None 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 . CHANGES TO THE AGENDA 6" 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) Drinking Driver Task Force Design Contest Recognition Ceremony B) Report on China Trip C) Proclamation - Letter Carrier ' s Food Drive Day D) Proclamation - Police Officers Week E) Proclamation - National Day of Prayer F) Introduction of Appointees � �� �� ,V� aaet Kent City Council Meeting .. Date May 4 , 1999 Category Public Hearings 1 . SUBJECT: LID 352 , SOUTH KENT STORM SEWERS - FORMATION 2 . SUMMARY STATEMENT: This date has been set for the public hearing to establish the formation of LID 352 , South Kent Storm Sewers . The Public Works Director will give a brief explanation of the project . 3 . EXHIBITS: Public Works Director memorandum, vicinity map, and ordinance 4 . RECOMMENDED BY: Council 4/6/99 (Committee, Staff, Examiner, Commission, etc. ) 5 . UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES 6 . EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: OPEN HEARING: PUBLIC INPUT: CLOSE HEARING: 7 . CITY COUNCIL ACTION: Councilmember C.ZA movese, Councilmember U�� seconded to adopt Ordinance No. creating LID 352 , South Kent Storm Sewers. DISCUSSION: ACTION: �YYla+.,. ����•� Council Agenda Item No. 5A DEPARTMENT OF PUBLIC WORKS April 12, 1999 TO: Mayor and City Council FROM: Don Wickstrom RE: L.I.D 352 South Kent Storm Sewers (1 st, 3'd, s:5''Avenues South, north of S. 259'' St) May 4, 1999 has been scheduled for the formation hearing for the above referenced LID project. BACKGROUND The City received a petition for the installation of storm drains in the vicinity of 3' Avenue South and South 259' Street as shown on the attached map. Subsequently, all property owners within the project area were contacted and there appears to be adequate support to proceed with the L.I.D. formation. Historically, the south Kent area north of South 259' Street between the railroads has suffered from storm drainage problems. Currently, there is no collection system and the only discharge is to the Green River and this outlet is inadequate to service the area. In addition, the outlet doesn't work at all during high river flows. This results in difficulties for developments and substantial onsite detention requirements. The City has pursued a project for the installation of a new outlet to the Green River. The City now ovens the property on the north side of South 259t' Street between I`t and 3'd Avenues. The plan includes the installation of a storm water pump station on this property. The pump station will allow maximizing the discharge to the river, as the pump will maintain maximum allowable discharge to the river even as the river level rises. The Green River Management Agreement between local agencies limits the discharge to the river to 30 cubic feet per second and no discharge is allowed at very high river levels. A modeling analysis has shown that with these limitations there are periods of time that the quantity of drainage will exceed the pumping capacity. Therefore, a storage facility is also planned along with the pump station on the City property to handle a portion of the excess water until it can be discharged and to improve water quality. The project, in addition to providing a discharge point for storm drainage, Page I of 5 also reduces the volume of onsite detention required for each property. With the proposed City detention pond, onsite detention volume will be reduced by fifty percent. The pump station and storage facility is currently being planned. Along with the pump station and detention pond, new storm drainage lines to service the local area could be installed to take advantage of the new outlet. These lines will benefit the local properties serviced, therefore it is proposed that the funding be through the formation of a Local Improvement District. It should be noted that in the past, a number of properties have signed No Protest LID Covenants for the installation of storm drains in anticipation of this storm drainage project. Also, in the past, several property owners petitioned for the LID formation because of the drainage problems. Since the necessary outlet will be available in the near future and previously property owners have indicated interest, the City proposes to form the storm drainage LID at this time. The City initiated the process by holding a property owner meeting on February 23, 1999 to discuss the project and LID formation. The property owners were also asked to submit a Questionnaire and to comment on the proposal. The . support level was 65.7%. Therefore, the City proceeded with the LID formation process. The Resolution of Intent was approved by City Council on April 6, 1999 which set the hearing date for May 4, 1999 PROPOSED STORM DRAINAGE IMPROVEMENTS The proposed project is the construction of a drainage system to convey stormwater to a detention pond and pump station adjacent to and south of the LID area, with an outfall to the Green River. The construction will include 12", 18", 24" and 30" diameter storm drainage pipe and related appurtenances at the following locations: ON FROM TO 5'Avenue South approx. 1450 ft north of S. 259`' St. approx. 160 ft. east 5`'Avenue South approx. 1450 ft north of S. 259' St. approx. 1250 ft. south 3'Avenue South approx. 1430 ft. north of S. 259' St. approx. 1240 ft. south 3'Avenue South approx. 200 ft. north of S. 259' St. approx. 50 ft. southeast to detention pond Page 2 of 5 ON FROM TO I"Avenue South approx. 1440 ft. north of S. 259' St. approx. 1240 ft. south 15L Avenue South approx. 190 ft. north of S. 259`' St. approx. 50 ft. southwest to detention pond Easement approx. 870 ft. north of S. 2591h St. approx. 800 ft east to on 5'Avenue South 3'Avenue South General restoration is also included. PROTECT FUNDING .It is proposed that the conveyance storm lines will be funded 100% by the proposed Local Improvement District. The current cost estimate is $777,590.21. However, two properties within the service area are delineated wetlands and portions of several others are wetland buffers and are therefore undevelopable. The cost associated with these properties will be paid by the City. Therefore, the total LID assessment is $685,615,17. The City's share is $91,975.04. The funded amount for the pump station and detention pond which the City would construct and pay for (100%) is $1,200,000.00 (Fund #D30). $890,000.00 is remaining after purchase of the property. One property owner has questioned why the drainage utility is not also funding the proposed LID improvements. The utility is funding the pumped outlet and storage facility which is a general benefit to the entire drainage basin. However, traditionally the more local improvements, such as local collection systems, are generally the responsibility of the benefited properties. Usually these types of projects are funded through developer extensions or local improvement districts and are not included in the utility rate calculation. Therefore, in this case the collection system is proposed to be 100% LID funded other than the portion that is non-assessable due to wetlands. METHOD OF ASSESSMENT The assessment distribution is based on square footage within each parcel. Page 3 of 5 PAYMENT OF ASSESSMENT Upon Council passing 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 balance is paid over a ten-year period wherein each year's payment is one-tenth of the principal plus interest on the unpaid balance. The interest will be what the market dictates. SUPPORT FOR LID 352 To defeat an LID proposal, there must be protest from property owners representing 60 percent or more of t"�e proposed LID assessments. The total project cost for calculating protest percentage is $685,615.17 for which the 60% protest amount is $411, 369.10. As indicated previously, there appears to be sufficient property owner support for the project with 65.17% expressing interest through the questionnaire process and LID covenants. Should this level of support continue through the public hearing process, it will then be a City Council decision whether or not to proceed with the LID formation process and approve the LID formation ordinance. IF LID 352 IS NOT FORMED If the LID for the collection system is not formed, there will be no incentive for the City to proceed with the project for the pumped outlet and storage facility described previously under the background section. This means that any future development or re-development within the LID area will be faced with providing the necessary collection system and outlet to serve the development. In addition, without the City's storage facility, the full amount of detention will be required on site. Drainage of the LID area is by direct discharge to the Green River rather than through the Black River pump station at Renton. The Green River Management agreement requires more stringent on site detention in such areas. A 100-year storm event (9.38 inches over the site) must be stored. Storage facilities for this larger quantity of water can encumber a significant portion of the property. This can be a significant factor even for properties that have existing development. Currently, for properties that wish to redevelop or expand, the detention requirement is based on the new construction. However, with the recent salmon listings under the ESA, it is anticipated that the near future City standards will also require retrofitting Pale 4 of 5 the existing portion of the development with detention in the case of a re- development activity. Therefore, all properties within the proposed LID boundary would benefit from the installation of the proposed stormwater collection system along with the proposed City project. MP4799 Page 5 of 5 - -- U.P. O maw _ STH AVE S. m ( N I O Cl) °Z�Cp$ b 71 1 mZ 1 \ LA �m S. Zo _ J 3R0 AVE S. 1 ' m o 4rn Q ZODZZ �O i i �1.4> ---� All 1 T AV ,67---------- ------- «-ram--- ------- B..N.S.F.R. R.' -Ln -._. � OO � I l G ` a `1 rnr � r � 'L I z � rn 'A m m rn G ... I I I N � CITY OF KENT, WASHINGTON ORDINANCE NO. AN ORDINANCE ordering the construction of a storm sewer drainage system on Is', P and 5 h Avenues South, north of South 259U' Street in South Kent, all in accordance with Resolution No. 1528 of the City Council; establishing Local Improvement District No. 352 and ordering the carrying out of the proposed improvements; providing that payment for the improvements be made in part by special assessments upon the property in the District, payable by the mode of "payment by bonds"; and providing for the issuance and sale of local improvement district warrants redeemable in cash or other short-term financing and local improvement district bonds, and for interfund loans. WHEREAS, by Resolution No. 1528 adopted April 6, 1999, the City Council declared its intention to order the construction of a drainage system on I", aid and 5d' Avenues South, north of South 259`h Street in South Kent, to convey stormwater to a detention pond and pump station adjacent to and south of the property within the improvement area, with an outfall to the Green River, and fixed May 4, 1999, at 7:00 p.m., local time, in the Council Chambers of the City Hall as the time and place for hearing all matters relating to the proposed improvements and all comments thereon and objections thereto and for determining the method of payment for the improvements; and WHEREAS, the City's Director of Public Works caused an estimate to be made of the cost and expense of the proposed improvements and certified that estimate to the City Council, together with all papers and information in his possession touching the proposed improvements, a description of the boundaries of the proposed local improvement district and a statement of what portion of the cost and expense of the improvements should be borne by the property within the proposed district;and WHEREAS, that estimate is accompanied by a diagram of the proposed improvements showing thereon the lots,tracts, parcels of land, and other property which will be specially benefited by the proposed improvements and the estimated cost and expense thereof to be borne by each lot, tract and parcel of land or other property; and WHEREAS, due notice of the above hearing was given in the manner provided by law, and the hearing was held by the City Council on the date and at the time above mentioned, and all persons appearing at such hearing and wishing to be heard were heard;and WHEREAS, the City Council has determined it to be in the best interests of the City that the improvements as hereinafter described be carried out and that a local improvement district be created in connection therewith;NOW,THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES ORDAIN as follows: Section 1. The City Council of the City of Kent, Washington (the "City"), orders the construction of a drainage system on I", 3`d and 5t' Avenues South, north of South 259t' Street in South Kent,to convey stormwater to a detention pond and pump station adjacent to and south of the property within the improvement area, with an outfall to the Green River, as more fully described in Exhibit A attached hereto and by this reference incorporated herein. All of the foregoing shall be in accordance with the plans and specifications therefor prepared by the Director of Public Works of the City, or consultants of the City, and may be modified by the City Council as long as such modification does not affect the purpose of the improvements. Section 2. There is created and established a local improvement district to be called Local Improvement District No. 352 of the City of Kent, Washington (the "District"), the -2- M"3157.01 boundaries or territorial extent of the District being more particularly described in Exhibit B `--' attached hereto and by this reference incorporated herein. Section 3. The total estimated cost and expense of the improvements is declared to be $777,590.21. It is estimated that approximately $91,975.04 of that cost and expense shall be paid by the City, and that the estimated balance thereof, approximately $685,615.17, shall be borne by and assessed against the property specially benefited by such improvements included in the District which embraces as nearly as practicable all property specially benefited by such improvements. Actual assessments may vary from estimated assessments as long as they do not exceed a figure equal to the increased true and fair value of the improvements add to the property. Section 4. In accordance with the provisions of RCW 35.44.047, the City may use any method or combination of methods to compute assessments which may be deemed to more fairly ,%Woo reflect the special benefits to the properties being assessed than the statutory method of assessing the properties. Section 5. Local improvement district warrants may be issued in payment of the cost and expense of the improvements herein ordered to be assessed, such warrants to be paid out of the Local Improvement Fund, District No. 352, hereinafter created and referred to as the Local Improvement Fund, and, until the bonds referred to in this section are issued and delivered to the purchaser thereof, to bear interest from the date thereof at a rate to be established hereafter by the Finance Division Director of the City, as issuing officer, and to be redeemed in cash and/or by local improvement district bonds herein authorized to be issued, such interest-bearing warrants to be hereafter referred to as "revenue warrants." In the alternative, the City hereafter may provide by ordinance for the issuance of other short-term obligations pursuant to chapter 39.50 RCW. -3- If the City has made or shall authorize expenditures to be made for such improvements (other than for any cost or expense expected to be borne by the City)prior to the date that any short- term obligations or local improvement district bonds are issued to finance the improvements, from proceeds of interfund loans or other funds that are not, and are not reasonably expected to be, reserved, allocated on a long-term basis or otherwise set aside to pay the cost of the improvements herein ordered to be assessed against the property specially benefited thereby, the City declares its official intent that those expenditures, to the extent not reimbursed with prepaid special benefit assessments, are to be reimbursed from proceeds of short-term obligations or local improvement district bonds that are expected to be issued for the improvements in a principal amount not exceeding $685,615.17. The City is authorized to issue local improvement district bonds for the District which shall bear interest at a rate and be payable on or before a date to be hereafter fixed by ordinance. The bonds shall be issued in exchange for and/or in redemption of any and all revenue warrants issued hereunder or other short-term obligations hereafter authorized, including the interfund loans authorized by Section 6, and not redeemed in cash within twenty days after the expiration of the thirty-day period for the cash payment without interest of assessments on the assessment roll for the District. The bonds shall be paid and redeemed by the collection of special assessments to be levied and assessed against the property within the District, payable in annual installments,with interest at a rate to be hereafter fixed by ordinance under the mode of"payment by bonds," as defined by law and the ordinances of the City. The exact form, amount, date, interest rate and denominations of such bonds hereafter shall be fixed by ordinance of the City Council. Such bonds shall be sold in such manner as the City Council hereafter shall determine. -4- Section 6. For the purpose of paying all or a part of the costs of carrying out the �-� improvements within the District pending the receipt of the proceeds of the issuance and sale of the bonds or short-term obligations referred to in Section 5, interfund loans from the General Fund, Water Fund and/or Sewer Fund to the Local Improvement Fund in the maximum aggregate amount of not to exceed $685,615.17 are authorized and approved, those loans to be repaid on or before the issuance of such bonds or obligations from the proceeds thereof. Each of the interfund loans shall bear interest at a variable rate, adjusted the 15th and last day of each month, equal to the interest rate of the State of Washington Local Government Investment Pool on the 15th and last day of each month. The initial interest rate on the date of each interfund loan shall be determined as of the last preceding interest payment adjustment date. Section 7. In all cases where the work necessary to be done in connection with the making of such improvements is carried out pursuant to contract upon competitive bids (and the City shall have and reserves the right to reject any and all bids), the call for bids shall include a statement that payment for such work will be made in cash warrants drawn upon the Local Improvement Fund. Section 8. The Local Improvement Fund for the District is created and established in the office of the Finance Division Director of the City. The proceeds from the sale of revenue warrants or other short-term obligations drawn against the fund which may be issued and sold by the City and the collections of special assessments, interest and penalties thereon shall be deposited in the Local Improvement Fund. Cash warrants to the contractor or contractors in payment for the work to be done by them in connection with the improvements and cash warrants in payment for all other items of expense in connection with the improvements shall be issued against the Local Improvement Fund. -5- $0093157.01 Section 9. Within 15 days of the passage of this ordinance there shall be filed with the Finance Division Director of the City the title of the improvements and District number, a copy of the diagram or print showing the boundaries of the District and the preliminary assessment roll or abstract of such roll showing thereon the lots, tracts and parcels of land that will be specially benefited thereby and the estimated cost and expense of such improvements to be borne by each lot, tractor parcel of land. The Finance Division Director immediately shall post the proposed assessment roll upon her index of local improvement assessments against the properties affected by the local improvements. Section 10. All actions heretofore taken in furtherance of the purposes of this ordinance are hereby ratified and confirmed. -6- Section 11. This ordinance shall take effect and be in force five (5) days from and after its passage and five (5) days following its publication as required by law. By JIM WHITE,Mayor ATTEST: BRENDA JACOBER, City Clerk APPROVED S T RM: FOS R P PER& SHEFELMAN PLLC Special Counsel and Bond Counsel Passed the day of May, 1999. Approved the day of May, 1999. Published the day of May, 1999. 1 certify that this is a true copy of Ordinance No. passed by the City Council of the City of Kent, Washington,and approved by the Mayor of the City of Kent as hereon indicated. (SEAL) Brenda Jacober, City Clerk -7- 50"3157.01 EXHIBIT A L.I.D. 352 SOUTH RENT STORM SEWERS (1ST, 3RD, & 5TH AVE. S., NORTH OF S. 259TH ST.) STORM DRAINAGE LNWROVEMENTS The proposed project is the construction of a drainage system to convey stormwater to a detention pond and pump station adjacent to and south of the LID area, with an outfall to the Green River. The construction will include 12", 18", 24" and 30" diameter storm drainage pipe and related appurtenances at the following locations: ONi FROM TO 5'' Ave. S. approx. 1450 ft. north of approx. 160 ft. east S. 259,' St. 5`h Ave. S. approx. 1450 ft. north of approx. 1250 ft. south S. ?591h St. 3`d Ave. S. approx. 1430 ft. north of approx. 1240 ft south S. 259th St. 3`d Ave. S. approx. 200 ft. north of approx. 50 ft. southeast S. =59th St. to detention pond I" Ave. S. approx. 1440 ft. north of approx. 1240 ft. south S. 259"' St. 1 St Ave. S. approx. 190 ft. north of approx. 50 ft. southwest S. 259`h St. to detention pond Easement approx. 870 ft. north of approx. 800 ft. east to S. 259'h St. on 5 h Ave. S. 3` Ave S. General restoration is also included. March 17,1999 EXHIBIT B L.I.D. 352 SOUTH KENT STORM SEWERS r,sT' 3RD, & 5TH AVE. S., NORTH OF S. 259TH ST.) ll BOLTNTDARY LEGAL DESCRIPTION That portion of the Southwest Russell Land Donation Claim No. 41 lying within portions of the South half of Section 24. T22N, R4E and in the North half of Section 25. T22N, R4E which lie South of the original plat of Waterman's Acre Tracts in Volume 12 of Plats Page 11. East of the Chicago Milwaukee St. Paul Railroad Right of Way, West of the East Right of Way margin of I" Avenue South and North of the North lines of Lots 2 and 3 in City of Kent Short Plat 77-33 recorded under King County Auditor file No. 7802070643 all within the City limits of the City of Kent in King County, Washington. NY1F080 �' Project Number: 81-3008 Kent City Council Meeting ,..- Date May 4 , 1999 Category Public Hearings 1 . SUBJECT: BILLBOARD MORATORIUM - RESOLUTION 2 . SUMIARY STATEMENT: On April 20 , 1999, the City Council passed Resolution No. 1536 imposing a moratorium on the acceptance of applications for the issuance of any building, land use, or development permit or approval for billboards . State law authorizes cities to adopt moratoriums, provided a public hearing is held within sixty (60) days of adoption. This date has been set as the date for a public hearing on this matter. The Council may either continue the moratorium for the full, six-month term or terminate the moratorium. 3 . EXHIBITS: Resolution 4 . RECOMMENDED BY: (Committee, Staff, Examiner, Commission, etc . ) 5 . UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES 6 . EXPENDITURE REQUIRED: $ SOURCE OF FUNDS : OPEN HEARING: PUBLIC INPUT: CLOSE HEARING: 7 . CITY COUNCIL ACTION: Councilmember (110AAA _ move4 Councilmember/i&hts_Q" ) secondetd to pass Resolution No. /5-3'Z adopting findings and continuing the moratorium established in Resolution No. 1536, relating to building, land use, or development permit or approval for billboards . DISCUSSION: `TJn ACTION: Council Agenda Item No. 5B ,ter" RESOLUTION NO. A RESOLUTION of the City Council of the City of Kent, Washington, adopting findings of fact and continuing a moratorium on the acceptance of applications for and the issuance of any building, land use, or development permit or approval for billboards. WHEREAS, RCW 35A.63.220 authorizes cities to adopt moratoriums, provided a public hearing is held within sixty days of adoption; and WHEREAS, on April 20, 1999, the City Council adopted Resolution No. 1536 imposing a moratorium barring acceptance of all applications for the .✓' issuance of any building, land use, or development permit or approval for off-premises signs as set forth in the Kent Zoning Code (hereinafter "billboards") until additional review has been completed and any necessary code revisions have been adopted by the Kent City Council; and WHEREAS, RCW 35A.63.220 provides that a city adopting a moratorium shall adopt findings of fact immediately after the public hearing held within sixty days of adoption of the moratorium; and WHEREAS, a public hearing was held on Tuesday, May 4, 1999, before the Kent City Council; and WHEREAS, the Kent City Council believes it is in the best interest of the City to continue the moratorium for the protection of the health, safety, and general welfare of the community; NOW THEREFORE, 1 Billboard Moratorium Continuation THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. Recitals and Findinp, of Fact Incorporated. The recitals and findings of fact set forth in this resolution are hereby incorporated as if fully set forth herein. SECTION 2. Findings of Fact. The Kent City Council hereby adopts the following findings of fact. 1. A number of billboards are currently located in the City of Kent and the City Council is concerned about the potential impacts that such signs may create that would be detrimental to the public health, safety, and general welfare of the citizens of the City of Kent. 2. There is a possibility that the City could, in the near future, receive more applications for billboards that would significantly increase the number of such signs located within the City, especially in light of the new corridor projects planned or under construction in the City of Kent. ;. The Kent City Code relating to billboards may not adequately address the various impacts that these uses present and the protection of the public health, safety, and general welfare would be jeopardized by the installation of new billboards prior to a review of the matter and possible adoption of new regulations by the City Council. 4. The citizens of Kent would be well served if the City more fully addressed and understood the potential impacts in the form of health, safety, economic, hazards to traffic, and the aesthetic impacts these signs impose upon neighboring properties and the community as a whole. 5. The City needs time to review existing information on the affects of these signs and to review the Kent City Code in a comprehensive fashion to determine whether it officially addresses the impacts of such uses. 6. The Kent City Council understands that communication displayed by billboards may be protected by the First Amendment of the U.S. Constitution and/or Article I, Section V of the Washington State Constitution, and that by passing this 2 Billboard Moratorium Continuation `"' resolution, the Kent City Council does not intend to impermissibly infringe upon and protected free speech rights. 7. The purpose of this moratorium is to provide time in which the City council may study its existing code, ordinances, and the impacts of such uses, during this moratorium period; to determine whether any additional, reasonable regulation is necessary to mitigate the impacts; and prepare for adoption of permissible restrictions to regulate such uses. SECTION 3. Continuation of Moratorium. Based on the findings of fact adopted in Section 2, the Kent City Council hereby determines that it is necessan for the moratorium enacted in Resolution No. 1536 to remain in effect for the entire 180-day period set forth in said resolution. Accordingly, the moratorium shall not expire until midnight on October 17, 1999, unless the moratorium is shortened or extended by action of the City Council or until the effective date of any ordinance establishing new regulations governing billboards, which ever is sooner. During said moratorium, no building, land use, or development permit or approval shall be issued. nor shall any such permit or application be accepted for billboards. SECTION 4. Severability. If any section, subsection, paragraph, sentence, clause, or phrase of this resolution is declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of this resolution. SECTION S. Ratification. Any act consistent with the authority and prior to the effective date of this resolution is hereby ratified and affirmed. SECTION 6. Effective Date. This resolution shall take effect and be in force immediately upon its passage. PASSED at a regular open public meeting by the City Council of the City of Kent, Washington,this day of , 1999. ,, 3 Billboard Moratorium Continuation CONCURRED in by the Mayor of the City of Kent this day of 91999. JIM WHITE. MAYOR ATTEST: BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM: ROGER A. LUBOVICH, CITY ATTORNEY I hereby certify that this is a true and correct copy of Resolution No. passed by the City Council of the City of Kent, Washington, the day of , 1999. BRENDA JACOBER, CITY CLERK P:\Civil\Resolution\billboard mormtor va.doc 4 Billboard Moratorium Continuation `" CONSENT CALENDAR 6 . City Council Action: Councilmember_Jhj move6 ,, Councilmember hz)-e o second(that Consent Calendar Items A through Tube approved. ^ , tlL��'J'/, Discussion p,Q Action `! L�n L1Jl�i��•� 6A. Approval of Minutes . Approval of the minutes of the regular Council meeting of April 6, 1999 . 6B. Approval of Bills. Approval of payment of the bills received through April 15 and paid on April 15 after auditing by the Operations Committee on April 20, 1999 . Approval of checks issued for vouchers : Date Check Numbers Amount 4/15/99 215398-215843 $ 798 ,406 . 89 4/15/99 215844-216288 3 , 823 , 937 . 28 $4 , 622 , 344 . 17 Approval of checks issued for payroll for April 1 through April 15 and paid on April 20, 1999 : Date Check Numbers Amount 4/20/99 Checks 235003-235326 $ 273 , 709 .49 4/20/99 Advices 78725-79288 817, 027 .25 $1, 090, 736 . 74 Council Agenda Item No. 6 A-B Kent, Washington April 20, 1999 `r.W✓ Regular meeting of the Kent City Council was called to order at 7 : 00 p.m. by Mayor White . Present : Councilmembers Amodt, Clark, Epperly, Orr and Yingling, Operations Director McFall , City Attorney Lubovich, Fire Chief Angelo, Police Chief Crawford, Planning Director Harris, Public Works Director Wickstrom, Parks Director Hodgson and Finance Director Miller. Approximately 15 people were at the meeting. Councilmembers Brotherton and Woods were excused from the meeting. CHANGES TO Operations Director McFall requested the addition AGENDA of an executive session regarding pending litigation, potential litigation, and property acquisition negotiations . PUBLIC Rotary Presentation John Perry, 14510 152nd COMMUNICATIONS Place SE, Renton, noted that the Rotary Club has worked with the Kent Parks and Recreation Department for many years on projects such as Scenic Hill Park and the Fishing Hole. He then presented the Mayor with a check in the amount of $25, 000 to be used for a full size basketball court in the downtown area. Mayor White expressed thanks to the Rotarians . Introduction of Avvointees. Mayor White introduced Ron Cole, his appointee to the Kent Downtown Public Market Development Authority Board, and noted that his appointee to the Drinking Driver Task Force, Paul Dillard, could not attend tonight ' s meeting. Ski-p A Meal for the World' s Children. Mayor White read a proclamation noting that iodine deficiency disorders are the leading preventable cause of mental retardation in the world today, and that it only costs five cents to protect a child from IDD for a year. He proclaimed April 25 - May 1, 1999 as Skip A Meal for the World' s Children Week in the City of Kent and encouraged citizens to support the Kiwanis campaign to save the world' s children from mental retardation. Finance Director Miller expressed thanks for the 114✓ proclamation and urged everyone to skip a meal in support of this project . 1 Kent City Council Minutes April 20, 1999 PUBLIC Mayor White commended the service clubs for COMMUNICATIONS working together to make the community strong. CONSENT ORR MOVED to approve Consent Calendar Items A CALENDAR through N. Clark seconded and the motion carried. MINUTES (CONSENT CALENDAR - ITEM 6A) Approval of Minutes. APPROVAL of the minutes of the regular Council meeting of April 6, 1999 . TRANSPORTATION (BIDS - ITEM 8A) S. 196th Street Bridge. The bid opening for this project was held on April 8, 1999, with six bids received. The low bid was submitted by Frontier-Kemper Constructors in the amount of $13 , 644 , 339 . 00 . The Engineer' s estimate was $15 , 675, 127 . 50 . The Public Works Director recommends that this bid be granted. CLARK MOVED that the contract for the S . 196th Street Bridge Construction project be awarded to Frontier-Kemper Constructors for the low bid of $13, 644, 339 . 00 . Orr seconded. Mayor White pointed out that this is approximately $2, 000, 000 under the Engineer' s estimate. The motion then carried. STORMWATER (CONSENT CALENDAR - ITEM 6E) System Devei onoant Fee. Meridian Stormwater Capital Improvement_. DIRECT the City Attorney to prepare the necessary ordinance adopting the Meridian Stormwater Capital Improvement Program, as recommended by the Public Works/Planning Committee. SEWER (CONSENT CALENDAR - ITEM 6F) Metro Sewer Interceptor Basement• AUTHORIZATION to grant Metro an easement along 80th Place South (Tax Lot #103) for the purpose of Metro continu- ing with the South Sewer Interceptor Project, as recommended by the Public Works/Planning Committee . 2 Kent City Council Minutes April 20, 1999 SURPLUS (CONSENT CALENDAR - ITEM 6G) PROPERTY Surplus Property, S E 274th Street. AUTHORIZATION to declare specific property along S . 274th Street as surplus, per the Property Sale Agreement between the Public Works and Parks Departments, as recommended by the Public Works/ Planning Committee . The City Attorney has reviewed the agreement and concurs with the language therein. STREET (CONSENT CALENDAR - ITEM 6H) VACATION Street Vacation, S . 188th Street. ADOPTION of Resolution No. 1535 setting May 18th as the Public Hearing date for the South 188th Street street vacation, as recommended by the Public Works/ Planning Committee . ADULT RETAIL (PUBLIC HEARINGS - ITEM 5A) ESTABLISHMENTS Adult Retail EstabLj&bMf*'*s Moratorium Renewal MORATORIUM This hearing has been set to consider a resolution to continue a moratorium relating to adult retail `�.✓' establishments in the City of Kent specifically relating to the issuance of business licenses or building, land use and development permits. The City Attorney explained that his office has not completed their research into this issue, and that there is concern regarding a definition. He noted that an ordinance clarifying the definition will soon be presented to the Public Works and Planning Committee, then forwarded to the Land Use and Planning Board. He said that the process should take about two months, after which the moratorium could be terminated. The Mayor opened the public hearing. There were no comments from the audience, and ORR MOVED to close the public hearing. Clark seconded and the motion carried. CLARK MOVED to adopt Resolution No. 1534 adopting Findings of Fact and renewing a moratorium on the acceptance of applications for and the issuance of 3 Kent City Council Minutes April 20 , 1999 ADULT RETAIL any business license or any building, land use, or ESTABLISHMENTS development permit or approval for adult retail MORATORIUM establishments . Epperly seconded and the motion carried. BILLBOARDS (CONSENT CALENDAR - ITEM 6I) Billboard Moratorium. ADOPTION of Resolution No. 1536 establishing a moratorium on the acceptance of applications for and the issuance of building, land use, or development permits or approval for bill boards . The moratorium will take effect immediately upon passage. Pursuant to state law, though, the City must hold a public hearing on this moratorium resolution within 60 days of passage . Accordingly, the resolution also sets the regular Council meeting of May 4th as the public hearing date. ZONING CODE (CONSENT CALENDAR - ITEM 6C) AMENDMENT Group domes ReaulatiOAi Zonina Code Amendment ZCA-99-3 . ADOPTION of Ordinance No. 3451 ...� approving the recommendation of the Land Use and Planning Board regarding group homes regulations . This item was approved by the Kent City Council on April 6, 1999 . The City Council approved the recommendations by the Land Use and Planning and directed the City Attorney to prepare an ordinance. PARKS & (CONSENT CALENDAR. - ITEM 6D) nte RECREATION Kent Meawriai ark y aht ne lele ACCEPTANCE of the Kent Memorial Light Pole Replacement Project as complete and release of retainage to Golf Landscaping, Inc. upon receipt of State releases. On October 5, 1998 the City of Kent contracted with Golf Landscaping, Inc. to replace the light poles at Kent Memorial Park. On March 29, 1999 staff inspected and approved the project . 4 Kent City Council Minutes April 20, 1999 FIRE (CONSENT CALENDAR - ITEM 6J) DEPARTMENT Fire Records Systems Software Purchase Agreement. AUTHORIZATION for the Mayor to sign a contract with Sunpro, Inc. for the purchase of Fire Records Systems Software and Services, subject to the City Attorney approval of contract documents . As part of the Technology Plan, a number of business systems were identified for replacement including the Fire Records System. The current Fire Records System is not Year 2000 compliant and is unsupported by the current vendor. Fire Department staff has selected Sunpro, Inc . under a sole source basis, as the only practical and available vendor that can provide a workable product with an acceptable level of support . The City has been using Sunpro' s Fire Training software for many years . The Sunpro product is also used by many other fire agencies in the region. Following a thorough evaluation, the purchase of the remaining Sunpro fire software products is recommended. (CONSENT CALENDAR - ITEM 6N) Fire Stations Infrastructure Wiring. AWARD of a contract to BTS Communications for Fire Station wiring infrastructure, subject to City Attorney approval, in the amount of $82 , 015 . 79, as recom- mended by the Operations Committee. As part of the 1998 Technology Plan, Fire Station 74 and the outlying Fire Stations were identified for rewir- ing to meet Category 5 wiring specifications. The new wiring infrastructure will bring the Fire Stations up to the City' s wiring standard and will help prepare these locations to use new standardized technologies as they emerge. The new wiring is a key component to successfully deploy the City' s new phone system and the new Fire Records Management System from SunPro. Requests for Proposal were sought pursuant to RCW 39 . 04 .270 . The City received two responses and the low bidder was BTS Communications, in the amount of $82, 015 . 79 . 5 April 20 , 1999 Kent City Council Minu7e,� COUNCIL (CONSENT aALENDAP 1TY" 64 used absences Council Absences . APPFCVAL of exc from :he Ap ! jp9q , City Council meeting for r : Y � . Councilmembers FY :74ertnn and Wccds , as they were unable 70 W7eP" APPOINTMENTS (CONSENT CALENLAR 17EM 6K,' Kent Downtown Public Market Deveigomeent AuthorityL4 MgR-,�- Board. 7CNFIRMA71CN of the Mayor ' s appointment of Ron Cole ru serve as a member of the Public Development AuLhorivy Ward of Directors (PDA) . Mr . Cole is empicyed a7 Edward Jcnes in Kent . He has been a memher of nhe Kent Downtcwn Partnership Board of Directors fTr six years and is active in the Ken: Rotary 71n-D He will replace ion johnson, whc resigned, and his term will be in effeal unzi- L 5/31 /2002 . (CONSENT CALENDAR - ITEM 6W Drinking Driver Task Force* CONFIRMATION of the Mayor' s appointment of Paul Dillard to serve as a member of the Kent Drinking Driver Task Force IDDTF) , Mr . Dillard serves as Minister of the Madison Park Church of Christ where he has ministered for six years . He also works at Metro where he has been employed for 22 years . He is a resident of Kent and his children attend Kent schools , He will replace Sally Gocdion, who resigned, and his term will be in effect until 1 /1/2000 - FINANCE (CONSENT CALENDAR - ITEM 60) Approval of BQ19 . APPROVAL of payment of the bills received through March 31 and paid on March 31 after auditing by the operations Committee on March 31 , 1999 , Approval of checks issued for vouchers : Date Check Numbers Amount 3/31/99 214662 -214930 $1, 553 , 496 . 21 3/31/99 214931 -215397 2 -354 _896 * 12 $3 , 908 , 392 . 33 Kent City Council MlnuteZ .:.p 14 ! 213 , 1999 FINANCE Anicrovai of iss,,-ierd tcr cayrc' 1 for March I thrcuah Mar- p n Mar_ 19 9 9 Date heck -Num]--)ers Amount 34 258 , 7193 . 48 3/ 19 99 ecks 796 , 780 . 29 3 / L 9 $- , 057 , 573 . 77 Amprcval cf chec:,s issued. fcr i:)avrc" -- for March 16 - E tl-irc-ug- L�pr--.- .., - ---- - Date Numbers Amount C 2 4/5/99 ne: 260 , 758 . 40 4 /5/ 99 782 , 353 . 78 ----s $1- 043 , 112 . 18 REPORTS Council President . r r rerr,-- nded -ouncilmer-,UDers that there Is a meet -- n�� w-- -:h Management Partners scheduled for 4 : 00 p . m , -D-i Fridav, April 23 in the Mayor ' s Conference Rocr,,i She also mentioned that continuat -- on ct the re--rea-: will be on the evenings cf Maly, and Public Safety Conmitt,ee . Epperly noted that the Committee will meet -a-, '-�- C,0 p . m. on April 27 . Administrative Reports . McFall briefed the Council on replacement cf the phone system which will take place next week . He noted that the telephone numbers will change and that the City has been involved in a. -,eery active public information program EXECUTIVE At 7 : 20 p .m,. , the meeting recessed into Executive SESSION Session for arDprcx:-mai: eL ;11 30 minutes . The meeting reconvened a4, 7 : 45 p .m. Property Acquisition. CLARK MOVED that the Mayor be authorized to purchase property located in the vicinity, north of smit:1-i Street , west of 2nd Avenue , and south of the Borden property, more legally described in C'rdinance No . 3450 , for an amount r-,,cr- to exceed $2. , 55 7r0 . OC ; and further I Kent City Council Minutes April 20, 1999 EXECUTIVE authorize the Mayor to take any and all steps SESSION necessary to close the purchase; and to authorize the issuance of General Obligation Bonds with interim financing from the City' s Water Fund to finance the purchase . Yingling seconded and the motion carried. ADJOURNMENT The meeting adjourned at 7 :46 p.m. Brenda Jacober', C City Clerk 8 Kent City Council Meeting Date Mav 4 , 1999 Category Consent Calendar 1 . SUBJECT: SYSTEM DEVELOPMENT FEE, MERIDIAN STORMWATER CAPITAL IMPROVEMENT - ORDINANCE 2 . SUbII�iARY STATEMENT: Adoption of Ordinance No. 35ZS3 which Fee and Drainage Service Fee and adopts the System Development Meridian Stormwater Capital Improvement Program for the Soos Creek Basin of the City' s storm utility service area. W 3 . EXHIBITS: Ordinance 4 . RECOMMENDED BY: Council (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 ORDINANCE NO. AN ORDINANCE of the City Council of the City of Kent, Washington, relating to the storm and surface water utility, changing the basin-specific rate and connection fee charged by the City storm and surface water utility to its customers for service within the Soos Creek Watershed, which lies primarily within the Meridian and Meridian Valley annexation areas; and amending Sections 7.05.090 and 7.05.160 of the Kent City Code. WHEREAS,the City has recently annexed approximately 6.6 square miles of new area, known as the Meridian and Meridian Valley annexation areas; and WHEREAS, these new annexation areas primarily lie within the Soos Creek Watershed; and WHEREAS, while in unincorporated King County, stormwater service and stream management in these areas received a generally low level of service; and WHEREAS,the City has conducted several studies to address stormwater conveyance and fish habitat needs for this area,including a Fish Habitat and Population Survey, a Hydrologic Analysis and a Hydraulic Analysis and Capital Improvement Plan; and WHEREAS, the information obtained in these studies demonstrates a need to make specific capital improvements to improve stormwater control and enhance fish habitat in the Soos Creek Watershed; and 1 Soos Creek Watershed Stormwater Charges WHEREAS, the City has developed a capital improvement plan, with an associated budget of approximately $10,311, 300 and six-year funding schedule, that would address the stormwater and fisheries habitat needs in the area. and WHEREAS, in order to fund these improvements, the basin-specific stormwater charges and connection fees for the Soos Creek Watershed should be increased to a level consistent with other similar watershed basins in the City and also consistent with the rates charged by unincorporated King County. THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Section 7.05.090 of the Kent City Code is hereby amended as follows: Sec. 7.05.090. System of charges. A. There is hereby imposed a system of charges on each parcel of real property '�' within the city served by or to which is available for service the storm and surface water utility established by this chapter. The charges are found to be reasonable and necessary to fund administration, planning, design, construction, operation, maintenance, repair, improvement, and replacement of all existing and future storm and surface water facilities, including the accumulation of reserves and the retirement of any associated debt. B. The following charges are hereby established for all parcels of real property in the city: single fiu:aily 1. Residential parcels: Fiffee6ve -T 1, ' the 2 Soos Creek Watershed Stormwater Charges a a ilfig the �,,,,;,, S..@ : ,.,.o ..,,�.S ««;@a g ,. Effective January Y .7 1, 1998, the single-family residential rate shall ehange to be two dollars and forty-four cents ($2.44) per month for each parcel having one (1) residential dwelling plus the basin specific charge of subsection BA below. 2. Agricultural and undeveloped parcels: Agricultural parcels shall be charged the monthly residential parcel rate. Undeveloped parcels shall not be charged. 3. Other parcels: a. The charge for all other parcels except residential parcels, agricultural parcels and undeveloped parcels shall be based upon: (1) The total amount of impervious surface as expressed in equivalent sui:€aae service units (an equivalent service unit has been determined to be two thousand five hundred (2,500) square feet of impervious surface or any fraction thereof); and (2) The percentage of impervious surface area on each parcel. b. The charge for all such parcels shall be computed: (1) By multiplying the total number of ESU's on each by the appropriate parcel impervious multiplier; and (2) Multiplying the results by the sum of the single-family residential rate and the appropriate basin-specific charge. C. Impervious multipliers are hereby established: (1) Percentage of impervious area per parcel Impervious multiplier (impervious surface/total surface x 100) 1 to 40 1 41 to 60 1.2 61 to 80 1.4 81 to 100 1.6 3 Soos Creek Watershed Storrnwater Charges (2) Impervious multipliers correlate the hydraulic impact of a parcel to its percentage of impervious surface per parcel. The multiplier for the average single-family residence is established as one (1). The multiplier linearly increases as the percentage of impervious area increases. The final category has a multiplier of one and six-tenths (1.6) which reflects the hydraulic impact on the drainage system compared to that impact of the average single-family residence. 4. Basin-specific charges: The city shall have all lawful powers and authorities to fix, alter,regulate and control charges within specific basins and subbasins. The purpose of the power and authority granted in this section is to provide for charging parcels of one (1) basin or subbasin for improvements, studies or extraordinary maintenance which specifically and solely benefit the property owners thereof. The basin- specific charges are as follows: Charge in dollars per ESU per month Basin Effective date Effective date Effective date January 1,49"1998 January 1, 1997 January 1, 44" 2000 2001 Westside p 0.09 0.09 0.09 K, L, M, D, E, "9 0.13 0.13 0.13 F, P & N Eastside Mill Creek 3�- Upper(G) 4.07 4 4.07 4.07 Lower(A) 4-24 4.81 4-2-9 4.81 4.81 Garrison Creek Lower(B) 4-24.2.02 4-74 2.02 2.02 4 Soos Creek Watershed Stormwater Charges Upper (J & I) 4--" 1.85 4,54 1.85 1.85 Direct (C) 4.44- 2.12 44;112 2.12 Soos Creek (H) 4-94 0.09 949 L 2.20 44- 4.14 [The boundaries of the described basins are generally indicated on Attachment A to Ordinance No. .] The boundaries of the basins and subbasins are generally defined and on file in the city clerk's office. The detailed definitions thereof are reflected on maps filed in the engineering division of the public works department, which are available to the public for review and/or copying during normal business hours. 5. Water quality charges: a. The city hereby authorizes and declares its intent to establish, within two (2)years of the adoption of this chapter, a water quality charge which may be added to any or all of the above rates. The purposes of such a charge will be to finance monitoring, testing, treatment and control of pollutant discharges into the storm and surface water system, including the exercise of all lawful enforcement powers of the city. A plan for developing such charges, and a schedule and budget for this project shall be submitted to the city council for review and approval within ninety(90)days of adoption of this chapter. A system of water pollution charges for storm and surface water run-off from all parcels of real property in the city shall be developed within two (2) years. b. Such charges should be based upon appropriate indices of pollutant discharges which approximate each parcel's contribution to the problem of water quality within storm and surface water facilities including all receiving waters. 6. Undeveloped parcels shall be subject to all charges established under this section upon development of a parcel. Development shall be determined by the date of issuance of a building permit or any other permit for development purposes or as otherwise established by the director of public works. '� 5 Soos Creek Watershed Stormwater Charges SECTION 2. Section 7.05.160 of the Kent City Code is hereby amended as follows: Sec. 7.05.160. Connection fees. Connection fees shall be assessed against an owner of real property at the time of issuance of a development permit for any on-site storm or surface water drainage structure or facilities which attach or connect to. or otherwise drain into the system of drainage facilities as defined in section 7.05.050 or where any additional surface or storm water run-off is generated and delivered or transported through either natural or person-made watercourses to the utility's system of storm and surface water facilities. The connection fees shall be as follows: Basin Connection charge in dollars per month per acre G 12.50 I 11.25 A 13.75 B 12.50 C & A 1.25 All others Lexcent Basin H) 0.0 For Basin H only (the Soos Creek Watershed generally) the charge ner connection will be a flat fee of Four Hundred dollars ($400 00) ner connection. The basins are as defined under section 7.05.090 B.4. The charge is calculated by the number of months from the date of adoption of this chapter to the date of issuance of the development permit,and the acre represents the area of the property being developed. All connection fees collected by the storm and surface water utility shall be placed in a separate revenue account for the storm and surface water utility. SECTION 3. -Severability. If any one or more sections, subsections, or sentences of this Ordinance are held to be unconstitutional or invalid, such decision shall 6 Soos Creek Watershed Stormwater Charges ---' not affect the validity of the remaining portion of this Ordinance and the same shall remain in full force and effect. SECTION 4. - Effective Date. This Ordinance shall take effect and be in force thirty (30) days from and after its passage, approval, and publication as provided by law. JIM WHITE, MAYOR ATTEST: BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM: ROGER A. LUBOVICH, CITY ATTORNEY PASSED: day of 51999. APPROVED: day of 1999. PUBLISHED: day of , 1999. I hereby certify that this is a true copy of Ordinance No. , passed by the City Council of the City of Kent, Washington, and approved by the Mayor of the City of Kent as hereon indicated. (SEAL) BRENDA JACOBER, CITY CLERK P:\Civil\Ordinence\sronn dnin.doc ,,�,, 7 Soos Creek Watershed Stormwater Charges ins �4-4- INS AS. , A yar i 1¢ 1" � ♦� � try s IW�MY ;c�� ,7 � II{{ma�(yy � '�� �1- _�•• � � � I On Oil:I Avg; 111y i+ t ..�.: �u+.° .,,�_•�: t.'��'��1►k .,�r1�`Y�..�.ylY,.�..z �'2iw` �"^i�.r�,ry� . RIPC �i" � ,r++•�v y �u-. � :� ��• �Z� � �.„ �_ifs. �, n� y��.P' ...p; 1, :. L' •_,� �' E ii yy �' m �1' ti ��� ��A�v Z,a� � �► III ���,< _.,.._'7 Kent City Council Meeting �., Date Mav 4 , 1999 Category Consent Calendar 1 . SUBJECT: STREET VACATION, 125TH PLACE SE - RESOLUTION SETTING HEARING DATE 2 . SUMMARY STATEMENT: As recommended by the Public Works/ Planning Committee, adoption of Resolution No. /53 8 setting June 15th as the Public Hearing date for the South 125th Place, street vacation. 3 . EXHIBITS: Resolution and vicinity map 4 .. RECOMMENDED BY: Public Works/Planning Committee (Committee, Staff, Examiner, Commission, etc . ) 5 . UNBUDGETED FISCAL/PERSONNEL IMPACT: NO__A_ YES 6 . EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 6D DEPARTMENT OF PUBLIC WORICS April 19, 1999 TO: Public Works/Planning Committee 1 FROM: Don Wickstrom RE: Street Vacation — 125`' Place S.E. We have received a valid petition from Donna Young of 12524 S.E. 270t' St., to vacate a portion of.125' Place S.E. In accordance with state law' , a public hearing thereon must be held. As such we recommend adoption of a Resolution which sets the Public Hearing date. MOTION: Recommend adoption of a Resolution setting a hearing date for the 125' Place Southeast street vacation. 281 .TWP. N . , RGE . 5 E . , W. M . RR@ [7 D MAR ± I - O 20' PERMANENT � CITY OF KENEASEMENT CITY CLERK �00 30+00 31+00 32+00 .FS57.34'08"E 1 776 S.F. S57'34'08"E A 2 4'08"E 10' S5• gp.03' l�l` 88.82' J 1792 S.F. 16 1 1v ' 1621 5. 2401 S.F. , ni 2572, S.F. �'2BT�"S.— J"W �� � _ _ �. - - - - - - - - �,A.SEMENPT ARYL ,� — _ A r 49'4YE 2.5r 6 O O U Q TITLE NO. TITLE NO. I i--� TI 325120-18 TITLE121-19 325122-20 �� [L 3 �12508 ;12524 ASEMENT PERMANENT ' ( �125 Lo - .. ........ ... s ,� 7D T� j - ........... ...... ..` D l TI O O 040M � 0 RESOLUTION NO. A RESOLUTION of the City of Kent, Washington, regarding the vacation of a portion of 1251h Place SE, a dedicated, unopened street lying immediately north of SE 270`' Street, and setting the public hearing on the proposed street vacation for June 15, 1999. WHEREAS, a petition, attached as Exhibit A, has been filed by various property owners to vacate a portion of 125`h Place SE, a dedicated,unopened street lying immediately north of SE 2701h Street, in the City of Kent, King County, Washington, and WHEREAS,these property owners own at least two-thirds of the property abutting that portion of 1251h Place SE that is now being sought to be vacated; and WHEREAS,the petition is in all respects proper;NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. A public hearing on the street vacation petition requesting the vacation of a portion of 125`h Place SE shall be held at a regular meeting of the Kent City Council at 7:00 p.m.,Tuesday,June 15, 1999, in the Council Chambers of City Hall located at 220 4th Avenue South, Kent, Washington, 98032. SECTION 2. The City Clerk shall give proper notice of the hearing and cause the notice to be posted as provided by state law, Ch. 35.79 RCW. ,; 1 125' Place SE Street Vacation SECTION 3. The Planning Director shall obtain the necessary approval or rejection or other information from the Public Works Department and other appropriate departments and shall transmit information to the Council so that the-Council may consider the matter at its regularly scheduled meeting on May 18. 1999. Passed at a regular meeting of the City Council of the City of Kent, Washington this day of , 1999. Concurred in by the Mayor of the City of Kent, this day of 1999. JIM WHITE, MAYOR ATTEST: BRENDA ACOBER, CITY CLERK APPROVED AS TO FORM: ROGER A. LUBOVICH, CITY ATTORNEY I hereby certify that this is a true and correct copy of Resolution No. passed by the City Council of the City of Kent,Washington,on the day of , 1999. (SEAL) BRENDA JACOBER, CITY CLERK P:1Civi1\Rwo1u[ion\STVAC.125thPI.RES.dw 2 125' Place SE Street Vacation `-- 100W CITY OF KENT �'� • ,C?���'�, APR 011999 DEPARTMEN1t ttW6RIGS Date: 3L31zf C/ L� TO: City Clerk CCj�OC KE,�lT FROM. Jerry McCaughan LERK RE: Street Vacation 57 Regarding subject matter, please be advised that I have reviewed same and found everything in order. Therefore I am filing the original application with you and at the same time, by copy of this memo to the Public Works Director, the process should �✓ begin. cc Don Wickstrom Attachment: Maps Mvacate CITY OF ZQ,]Dg h a1 IA\'[ M4..' .I 1S.'9 MAR 16999 MAIL TO: C)Ty OF KENT APPLICANT: � C�ryTR F KE T C'Ty CLERK CITY OF KENT NAME: Donna Young Property Management 220 So. 4tli Ave. Address: 12524 S.E. 270th St. Kent, WA 98032 Kent, WA 98031 Attn: Jerry McCaughan Phone: (253) 631-9202 STREET AND/OR ALLEY VACATION APPLICATION AND PETITION Dear Mayor and Kent City Council: We, the undersigned abutting property owners, hereby respectfully request that certain street hereby be vacated. (General Location) Legal description (Must Contain Total Square feet of Area Sought To Be Vacated) The Western half That certain dedicated street known as 125th Place S.E. in the plat of Biq "K" Addition adjoining lots 1 and 2 in said plat. (4ZOO W'') BRIEF STATEMENT WI(Y VACATION IS BEING SOUGHT The above named street has been maintained by -the property owners since the houses have been built. This will never be a through street because of the Class 1 wetlands it runs into. Sufficient- proof, copy of deed contract etc. supported by King County Tax [tolls shall be submitted for verification of signatures. Without these a "CrrriliENT" title report shall be required. When Corporations, Partnerships etc. are being signed for, then pl.•oof of individual's authority to sign for same shall also be submitted. Attach a color coded map of a scale of not less than I" - 200' of the area sought for vacation. (NOTE) Map must correspond with legal description. ABUTTING PROPERTY OWNERS TAX LOT I SIG14ATURES AND ADDRESSES LOT, BLOCY. & PLAT/SEC. TWN. RG lasso 0`7Qtb st -Antv w0. $150.00 Fee Paid IOD31 Treasurer's Receipt NO- Appraisal Fee Paid Treasurer's Receipt No. Land Value Paid Treasurer's Receipt No. Deed Accepted Date Trade Accepted _ Date 5224-33A -----------••— •-------""............we..,...use-„es i tar�■59.�]]1 :TWP . N . , R G E . 5 E . , W. M . D � � - -7 � U !�' J 20 PERMANENT I = O CITY of cNSASEMENT CITY CLERK 30+00 31+00 32+00 1776 S.F. S, 7'34'08"E Z 4'08"E �10' S5" 80.03 - 88.82' 1792 S.F. 16, 10 ti ,�' 1621 S.. cn W i 01 S.F. , 2572 S.F. ��5�' S. :, —1 P.00RARY—EN ..-. t: �, r _3"E i 6 7 CZ � ' r T i TLE ' N O. TITLE NO. Tl TLE NO. r--1 T I 325120-18 325121 -19 325122-20 f f 3 a12508 u12524 J "cRMANENT 'DENT1�— Lo 70.. .. . . . .... .. .... . ... . �. ... . . . .... . .... . . ... ...... .... .. ... ... . ... ... . ........ ...... ..... ... . .. .. . . ... ... _.... .... ..a . . ...... .. . . . . . . . ... .... ... .. .. . . . .. .. . .. . . .. . . .. . . ... . .... . ....... . . . .... . ... ........ . . .. . . . ...... . . . . ........ .... . . . .. ....... ... .. ... .. ........ . . .. . .. . ..... . .. ... . ..... ... . . . .. . .. . . . . . . . . .... ... ..... . . .. ...... ......... DE TION � 8 O 4 O ' � 9 ................ . Kent City Council Meeting , Date Mav 4 , 1999 Category Consent Calendar 1 . SUBJECT: SURPLUS VEHICLES/EQUIPMENT - AUTHORIZATION 2 . SUMMARY STATEMENT: As recommended by the Public Works/ Planning Committee, declare certain vehicles and equipment as surplus and authorize the sale thereof at the next public auction. 3 . EXHIBITS: Public Works Director memorandum 4 . RECOMMENDED BY: Public Works/Planning 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. 6E DEPARTMENT OF PUBLIC WORKS April 19, 1999 TO: Public Works/Planning Committee FROM: Don Wickstromr Lj RE: Surplus Vehicles/Equipment —Authorization Attached is a list of Equipment Rental vehicles and equipment, which are no longer needed by the City. As such, we are requesting that they be declared as surplus and sold at the next public auction. MOTION: Authorization to declare this equipment as surplus and authorize the sale thereof at the next public auction. Kent City Council Meeting °•- Date May 4 , 1999 Category Consent Calendar 1 . SUBJECT: GARRISON CREEK RESERVOIR SEISMIC UPGRADE - ACCEPT AS COMPELTE 2 . SUMMARY STATEMENT: As recommended by the Public Works/ Planning Committee, accept the Garrison Creek Reservoir Seismic Upgrade contract as complete and release retainage to Able Wright & Company upon standard releases from the State and, release of any liens . The original contract amount was $49, 798 . 53 . The final construction cost was $102, 197 . 10 . The overruns were due to additional material required to complete the project . Adequate funds exist within the project budget to cover this overage . 3 . EXHIBITS: Public Works Director memorandum 4 . RECOMMENDED BY: Public Works/Planning 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. 6F DEPARTMENT OF PUBLIC WORKS April 19, 1999 TO: Public Works/Planning Committee FROM: Don WickstromOu RE: Garrison Creek Reservoir Seismic Upgrade Accept as Complete On October 6, 1998 the Garrison Creek Reservoir Seismic Upgrade project was awarded to Able Wright &Company for the bid amount of 549,798.53. The final construction cost was $102,197.10. The cost overruns %vere due to the following reasons. • The contractor bid the job based on 92 anchors as described in the bid documents. After the contract was awarded it was determined that 184 anchors were necessary which, resulted in additional expenditures. • The Parks Dept. was concerned that the anchors were not recessed in the concrete slab along the fence line. The roof of the reservoir acts as a tennis and basketball court area. Additional costs were necessary to recess the anchors. J Upon inspection of the walls to the tank, leaks were found. It was necessary to seal the leaks and seal a weir adjacent to the wall. Adequate funds exist within the project budget to cover this overage. MOTION: Recommend accepting as complete the Garrison Creek Reservoir Seismic Upgrade contract. �y PuDiic tiv orxs Upe:anoas ItifEMOR41ND La l I Phone: 359-3395 Fax: 359-366,4 April 2, 1999 To: , Don Wickstrom, Public Works Director Thru: Eddy Chu, Operations Manager4v�lj From: Steve Henness ..et Superintendent Subject: Surplus Vehicle/ Equipment Authorization Request I am requesting authorization to surplus the following vehicles/equipment and police sedans that have been replaced with the 99 purchases and are no longer needed by Fleet Services. All of this equipment meets Fleet Services replacement point system except 8701,8753, and 8754. These three vehicles are all the same vintage and have an inherent problem with the rack and pinion steering gear. This repair would exceed half the value of the vehicle and would not be cost effective to repair. All of these vehicles except police sedans will be sold to the highest bidder at the next public auction. Police sedans will be sold to other police agencies. SERVICE VEHICLES/ EQUIPMENT _ 'nit= Yr. Serial# Mileage Description 5315 *75 X174J5 NA Swenson Sander 5394 *87 149789 96,000 Chevrolet 1 Ton 8701 87 224167 47,000 Celebrity Wagon 8742 *89 936 NA Chipper 8748 *89 U89329 NA Air Compressor 8753 87 224021 38,000 Celebrity Wagon 8754 87 224003 46,000 Celebrity Wagon POLICE VEHICLES - it# Y-L. Serial Mileaae Descrintion 3104 **94 123794 85,000 Chev Caprice 3122 **96 116805 82,000 Crown Victoria 3123 **96 i 16808 83,000 Crown Victoria 3124 **96 116814 80,000 Crown Victoria 3125 **96 116818 91,000 Crown Victoria 3126 **96 116823 78,000 Crown Victoria 3128 **96 116834 75,000 Crown Victoria 3136 **95 167857 91,000 Crown Victoria 3137 **95 167056 92,000 Crown Victoria 3139 **94 124295 90,000 Chev Caprice * Meets Service vehicle replacement point system of 20 (1 Point Per Year, 1 Point Per 10 K) **Meets Police vehicle replacement point system of 10 CC: Dianne Sullivan CITY OF KEN T Bill Price `�✓ Frank Olson APR 0 7 1999 ENG; Nc--.titNG DEPT Kent City Council Meeting �.. Date May 4 , 1999 Category Consent Calendar 1 . SUBJECT: NEIGHBORHOOD TRAFFIC - RESOLUTION 2 . SUMMARY STATEMENT: Passage of Resolution No. 15:3i directing the Mayor to review and implement policies and standards relating to enhanced neighborhood traffic control , as recommended by the Public Works and Planning Committee on April 19, 1999 . This resolution directs the Mayor to prepare and submit any necessary revisions to the City' s subdivision regulations, development standards, and other codes or policies to implement neighborhood traffic control, improved pedestrian access, and other vehicular speed reduction controls . 3 . EXHIBITS: Resolution 4 . RECOMMENDED BY.- (Committee, Staff, Examiner, Commission, etc. ) 5 . UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES 6 . EXPENDITURE REQUIRED: $ SOURCL OF FUNDS: 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 6G RESOLUTION NO. A RESOLUTION of the City Council of the City of Kent, Washington, directing the Mayor to prepare and submit to the City Council revisions to the City's subdivision regulations, development standards, and other policies and codes necessary to implement neighborhood traffic control, enhanced pedestrian access, and vehicular speed reduction in new subdivisions in the City. WHEREAS, the City of Kent is experiencing rapid growth resulting in a high volume of new subdivisions being platted; and WHEREAS, such new development provides an opportunity to construct new streets which, in many instances, will be designed to slow vehicular traffic in and ✓ through the neighborhoods to increase the ease of pedestrian and neighborhood use, and to enhance the attractiveness and livability of neighborhoods, and; WHEREAS, in order to implement these design elements and to establish City Council policy, it may be necessary to revise certain codes, standards, and policies relating to subdivision development and any required improvements, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The Mayor is directed to prepare and submit any amendments necessary for consideration to the City Council for the City's subdivision regulations, development standards, construction standards, and any other codes, regulations, standards, or policies in order to implement neighborhood traffic control, to 1 Neighborhood Traffic slow vehicular traffic in and through neighborhoods, to create pedestrian and neighborhood friendly development, and to enhance the attractiveness and livability of new City neighborhoods. Specifically and without limitation, staff should address the following elements: (1) connectivity of neighborhoods; (2) access to neighborhood services such as parks and schools; and (3) sidewalk and pathway access both within and among subdivisions and neighborhoods. SECTION 2. These amendments and modifications shall be presented to City Council for consideration no later than October 1, 1999. SECTION 3. If any section, subsection, paragraph, sentence, clause, or phrase of this resolution is declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of this resolution. SECTION 4. This resolution shall take effect and be in force immediately upon its passage. PASSED at a regular open public meeting by the City Council of the City of Kent, Washington,this day of 11999. CONCURRED in by the Mayor of the City of Kent this day of 1999. JIM WHITE,MAYOR ATTEST: BRENDA JACOBER,CITY CLERK 2 Neighborhood Traffic APPROVED AS TO FORM: ROGER A. LUBOVICH, CITY ATTORNEY I hereby certify that this is a true and correct copy of Resolution No. passed by the City Council of the City of Kent, Washington, on the day of . 1999. BRENDA JACOBER, CITY CLERK P\CivihResolutionVratlic control.doc 3 Neighborhood Traffic Kent City Council Meeting ~-- Date May 4 , 1999 Category Consent Calendar 1 . SUBJECT: LASER BEAM - ORDINANCE 2 . SUMMARY STATEMENT: Adoption of Ordinance No . 3 45 making it unlawful to improperly point or aim a laser beam at another person without consent . Originally developed as an aid for presentations, laser pointers are readily available to the public . Reported inci- dents of laser beam related injuries have risen. Not only can retinal damage occur, but directing a beam at an officer or other armed person can create a significant risk of injury to both parties . There is currently no law that prohibits the improper use of laser pointers . This ordinance makes it unlawful to point a laser beam at another person without consent and increases penalties in certain circumstances . ,,.,. 3 . EXHIBITS: Ordinance 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 66AAA move4l Councilmember second4td DISCUSSION: ACTION: Council Agenda Item No. 6H ORDINANCE NO. AN ORDINANCE of the City Council of the City of Kent, Washington, amending the Criminal Code by adding Section 9.02.31 pertaining to pointing or aiming a laser beam; WHEREAS, laser beams which are improperly directed at a person may cause retinal injury to the eyes of that person; and WHEREAS, laser beams may resemble the sights used to aim sophisticated weapons, and laser beams which are improperly directed at a person may place that person in substantial fear for his or her safety, and may provoke a substantial defensive attack directed towards the person pointing the laser beam; and WHEREAS, making the improper pointing and aiming of laser beams a criminal offense will protect the public from injury and fear and will protect the person pointing the laser beam from a defensive attack by another;NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON. DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Chapter 9.02 of the Kent City Code is hereby amended by adding a new section, Section 9.02.31 to read as follows: Sec. 9.02.31. Pointing or aiming a laser beam. A. It shall be unlawful for any person to focus. point, or shine a laser beam directly or indirectly on another person in such a manner as to harass, annoy, frighten, assault, or injure said person. For the purposes of this section, a laser beam shall include its common definition as well as a device that concentrates light into a small beam and projects that light for a distance without substantially increasing the diameter of the beam. B. With the exception of subsections C, D, and E, a violation of subsection A is a misdemeanor. C. With the exception of subsection E, any person who commits a violation of subsection A while the laser producing instrument is attached to: (1) a firearm: (2) an object that could be used as a weapon; or (3) an object that is designed to appear as a firearm or other object that could be used as a weapon, shall be guilty of a gross misdemeanor. D. With the exception of subsection E, any person who commits a violation of subsection A by committing that act against a police officer or police official while working in his or her official capacity, a firefighter or fire official while working in his or her official capacity, an emergency medical technician while working in his or her official capacity, a teacher or school official while working in his or her official capacity, or a bus or other transportation employee while working in his or her official capacity, -� shall be guilty of a gross misdemeanor. A person convicted under this section shall be punished by incarceration for not less than one day in jail which cannot be deferred or suspended. E. Any person who commits a violation of subsection A by committing that act against a police officer or police official while working in his or her official capacity. a firefighter or fire official while workiang in his or her official capacity, an emergency medical technician while working in his or her official capacity, a teacher or school official while working in his or her official capacity, or a bus or other transportation employee while working in his or her official capacity while the laser producing instrument is attached to: (1) a firearm; (2) an object that could be used as a weapon: or (3) an object that is designed to appear as a firearm or other object that could be used as a weapon, shall be guilty of a gross misdemeanor. A conviction under this subsection shall be punished by not less than 30 days in jail which cannot be deferred or suspended. 2 •..� Any person convicted under this subsection shall not be permitted to serve any ,✓ mandatory incarceration on work release, home detention, or in any manner that permits the mandatory incarceration period to be served outside of the jail facility. F. An ordinary flashlight shall not be considered a laser beam under this section. G. It shall be a defense to this section that the person to whom the laser beam was directed consented to the pointing or directing of the laser beam at his or her person. SECTION2. -Severability. 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 3. - &ective Date. This Ordinance shall take effect and be in force thirty (30) days from and after its passage,approval,and publication as provided by law. JIM WHITE, MAYOR ATTEST: BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM: ROGER A. LUBOVICH, CITY ATTORNEY 3 PASSED: day of , 1999. APPROVED: day of . 1999. PUBLISHED: day of 11999. I hereby certify that this is a true copy of Ordinance No. , passed by the City Council of the City of Kent, Washington, and approved by the Mayor of the City of Kent as hereon indicated. (SE4I.) BRENDA JACOBER. CITY CLERK 1"C—1\0,dmanced-,ev beam duc 4 �..- Kent City Council Meeting Date May 4 , 1999 �... Category Consent Calendar 1 . SUBJECT: CRIMINAL CODE AMENDMENT - ORDINANCE 2 . SUMMARY STATEMENT: Adoption of Ordinance No amending the Kent Criminal Code. Recent trends in criminal behavior necessitate the following changes to the Kent criminal code by (1) creating a section relating to the destruction, theft, abandonment , or misuse of electronic home detention devices; (2) amending the section relating to escape; (3) creating a new section relating to the neglect of a child or dependent person; (4) creating a new section relating to vehicle prowl tools; (5) creating a new section relating to drug paraphernalia; (6) creating a new section relating to the possession of certain weapons at the Kent Commons; (7) repealing two sections relating to firearms; and (8) amending the section relating to domestic violence. 3 . EXHIBITS: Ordinance 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: vr.. ACTION• Council Agenda Item No. 6I ORDINANCE NO. AN ORDINANCE of the City Council of the City of Kent, Washington, amending the criminal code by adding Section 9.02.17 pertaining to destruction, theft, or abandonment of an electronic home detention or monitoring device; repealing Section 9.02.18 in its entirety and replacing it with a new Section 9.02.18 pertaining to escape; adding Section 9.02.25 pertaining to neglect of a child or dependent person; adding Section 9.02.52 to the Kent City Code pertaining to making or having vehicle prowl or vehicle theft tools; adding Section 9.02.84 pertaining to possession of drug paraphernalia; repealing Section 9.02.96; adding Section 9.02.98 pertaining to unlawful possession of firearms or dangerous weapons at the Kent Commons; repealing Section 9.02.104, and amending Section 9.02.300 of the Kent City Code pertaining to definitions and designations of domestic violence; WHEREAS, Kent Corrections provides electronic home detention as an alternative to incarcerating persons convicted of misdemeanor crimes which requires persons to borrow and wear an electronic monitoring device which is leased by the City; and WHEREAS, the electronic home detention device is expensive and subject to intentional destruction, theft, improper use, and abandonment, and Section 9.02.17, which makes the destruction, theft, improper use, and abandonment of the device a crime, will deter such behavior and provide the City with a remedy for reimbursement for the destroyed or stolen device; and Criminal Code WHEREAS, the current City ordinance for escape does not effectively address the escape of persons serving a sentence on electronic home detention, and a new escape ordinance, Section 9.02.18, will provide punishment for those persons who escape while serving a jail sentence on electronic home detention; and WHEREAS, persons who are children or who are otherwise dependant upon others for care cannot effectively provide for their own health and safety, and Section 9.02.25, which makes it a crime to neglect a child or dependant person, will protect the child or dependent person from another's neglect that rises to a level of criminal negligence; and WHEREAS, those persons who unlawfully enter another's vehicle for the purposes of taking the vehicle or removing its contents regularly use a number of adapted tools to enter and take the vehicle,and Section 9.02.52,which makes it a crime to possess those tools,will deter prospective automobile thieves; and WHEREAS, the current ordinance prohibiting the possession of drug paraphernalia does not make simple possession of drug paraphernalia a crime, and creating a new Section 9.02.84 which makes it a crime to possess drug paraphernalia. will further the City's interest in preventing the use of controlled substances; and WHEREAS,the City has previously adopted state statutes relating to the discharge of dangerous weapons and the display of weapons capable of producing bodily harm thereby making Sections 9.02.96 and 9.02.104 of the Kent City Code duplicative and unnecessary; and WHEREAS, City property commonly known as Kent Commons regularly hosts meetings, conventions, shows, classes, sporting events, and other Criminal Code 2 `'✓ community events, and the unlawful carrying of certain weapons inside of the Kent Commons may pose a risk to the public, and WHEREAS. Section 9.02.98, which restricts the possession of certain weapons inside of the Kent Commons, will further the City's interest in making the Kent Commons a safe area to host meetings, conventions, shows, classes, sporting events, and other community events; and WHEREAS, Section 9.02.300 of the Kent City Code, which sets forth the definition of domestic violence, must be amended to make it consistent with other sections of the Kent City Code; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. A new section, Section 9.02.17, is added to Chapter 9.02 of the Kent City Code as follows: Sec. 9.02.17. Damage, theft, abandonment, or improper use of an electronic home detention or monitoring device. A. A person is guilty of damage,theft,abandonment,or improper use of an electronic home detention or monitoring device if- 1. that person intentionally causes physical damage to any component of the electronic home detention or monitoring device; or 2. that person intentionally exerts unauthorized control over an electronic home detention or monitoring device; or 3. that person intentionally abandons the electronic home detention or monitoring device; or Criminal Code "w.r' 3 4. that person fails to return the electronic home detention or monitoring device to Kent Corrections or its lawful owner within twenty-four (24) hours of interrupting or terminating the proper use of the device. B. A person who violates this section shall be guilty of a gross misdemeanor. SECTION 2. A new section. Section 9.02.18, is added to Chapter 9.02 of the Kent City Code as follows: Sec. 9.02.18. Escape. A. A person is guilty of escape if: 1. without lawful authority, he or she intentionally removes himself or herself from the custody of a court, police officer, detention facility, registered location where work is performed pursuant to work release, or registered location where he or she is serving any portion of jail time on electronic home monitoring or detention; or 2. he or she fails to return himself or herself to the custody of the court, police officer, or detention facility following temporary leave lawfully granted by a court or Kent Corrections. B. For the purposes of this section, custody means: 1. restraint by a police officer pursuant to a lawful arrest for an offense; 2. restraint pursuant to an order of a court, including but not limited to: a. the detention of a person pursuant to a court issued arrest warrant; b. a verbal or written order to detain a person during a court appearance; C. the detention of a person pending trial; d. detention of a person pursuant to a sentence of a court; e. detention of a person pursuant to the revocation of a period of a sentence initially suspended by a court; Criminal Code 4 � f. detention of a person pursuant to an electronic home monitoring or electronic home detention program, regardless of the location that the person who is in custody is registered or required to be, g. detention of a person pursuant to a work release program, regardless of the location that the person who is in custody has listed or registered as the location of their work. C. A person who violates this section shall be guilty of a gross misdemeanor. SECTION 3. A new section, Section 9.02.25, is added to Chapter 9.02 of the Kent City Code as follows: Sec. 9.02.25. Neglect of a child or dependent person. A. A person is guilty of the crime of neglect of a child or dependent person if the person is a parent of a child, a person entrusted with the physical custody of a child or other dependent person, or a person employed to provide to the child or dependent person any of the basic necessities of life, and with criminal negligence, the person: I. withholds any of the basic necessities of life; or 2. maintains living conditions that place the child or dependent person at a significant risk of disease, illness, or bodily injury. B. In any prosecution for neglect of a child or dependent person, it shall be a defense that the withholding of the basic necessities of life or the maintenance of living conditions that place the child or dependent person at a significant risk of disease, illness, or bodily injury is due to financial inability only if the person charged has made a reasonable effort to obtain adequate assistance. This defense is available to a person employed to provide the basic necessities of life only when the agreed- upon payment has not been made. C. A person is criminally negligent or acts with criminal negligence when he or she fails to be aware of a substantial risk that a wrongful act may occur and his or her Criminal Code 5 failure to be aware of such substantial risk constitutes a gross deviation from the standard of care that a reasonable person would exercise in the same situation. D. "Child" means a person under eighteen years of age. E. "Dependent person" means a person who. because of physical or mental disability or because of advanced age, is dependent upon another person to provide the basic necessities of life. A resident of a nursing home as defined in RCW 18.51.010, a resident of an adult family home as defined in RCW 70.128.010, and a frail elderly or vulnerable adult as defined in RCW 74.34.020(8), is presumed to be a dependent person for purposes of this section. F. For the purposes of this section, "bodily injury" means physical pain, injury, illness, or impairment of physical condition that is more than minor or transient. G. Neglect of a child or dependent person is a gross misdemeanor. SECTION 4. A new section,Section 9.02.52, is added to Chapter 9.02 of the Kent City Code as follows: Sec. 9.02.52. Making or having vehicle prowl or vehicle theft tools. A. Every person who shall make or mend, or cause to be made or mended, or have in his or her possession any engine, machine, tool, false key, adapted or altered key, pick lock, bit, nippers, dent remover, or implement, adapted, designed, or commonly used for the commission of vehicle prowl or vehicle theft under circumstances evidencing an intent to use or employ,or allow the same to be used or employed in the commission of a vehicle prowl or vehicle theft or knowing that the same is or was intended to be so used, shall be guilty of making or having vehicle prowl or vehicle theft tools. B. Making or having vehicle prowl or vehicle theft tools is a gross misdemeanor. SECTION S: A new section, Section 9.02.84, is added to Chapter 9.02 of the Kent City Code as follows: Criminal Code Sec. 9.02.84. Possession of drug paraphernalia. It is unlawful for any person ✓ to possess drug paraphernalia, as defined in Kent City Code 9.02.80(Y) and RCW 69.50.102. A person who violates this section shall be guilty of a misdemeanor. SECTION 6: Section 9.02.96 of the Kent City Code relating to discharge of firearms or dangerous weapons is hereby repealed in its entirety. SECTION 7. A new section, Section 9.02.98, is added to Chapter 9.02 of the Kent City Code as follows: See. 9.02.98. Possession of firearms or dangerous weapons at Kent Commons —Unlawful. A. Subject to the exceptions set forth in subsections B and C of this section, it shall be unlawful for any person to possess a firearm, dagger, sword,knife with a blade in excess of three inches, or any other weapon apparently capable of producing bodily harm, inside of the premises known as the Kent Commons located at 525 North Fourth Avenue in the City of Kent. B. The prohibition to possession of a firearm shall not apply to a person licensed to carry a concealed weapon pursuant to RCW 9.41.070 or a person exempted from the licensing requirement by RCW 9.41.060, or at C. This section shall not apply during shows, demonstrations, or lectures involving the exhibition of firearms or other weapons. D. For the purposes of this section, firearm means a weapon or device from which a projectile or projectiles may be fired by an explosive such as gunpowder. E. This section shall only apply to those areas of the Kent Commons which are within the Kent Commons building or which are contained to an area adjacent to the building by a temporary barrier during use for an event hosted by the Kent Commons. F. A person who violates this section shall be guilty of a misdemeanor. Criminal Code 7 SECTION 3. Section 9.02.104 of the Kent City Code relating to weapons apparently capable of producing bodily injun is hereby repealed in its entirety. SECTION 9. Section 9.02.300 of the Kent City Code is hereby amended as follows: Sec. 9.02.300. Domestic violence--Definition--Designation. A.4- Family or household members means spouses, former spouses, persons who have a child in common regardless of whether they have been married or have lived together at any time, adult persons related by blood or marriage, adult persons who are presently residing together or who have resided together in the past, persons sixteen(16) years of age or older who are presently residing together or who have resided together in the past and who have or have had a dating relationship, persons sixteen (16) years of age or older with whom a respondent sixteen(16) years of age or older has or has had a dating relationship, and persons who have a biological or legal parent-child relationship, including stepparents and stepchildren and grandparents and grandchildren. B.-2-. Dating relationship means a social relationship of a r-ems romantic nature. Factors that the court may consider in making this determination includes the length of time the relationship has existed,the nature of the relationship, and the frequency of interaction between the parties. C.3r Domestic violence includes, but is not limited to, any of the following crimes when committed by one family or household member against another: Assault KCC 9.02.28 2.{ Provoking assault KCC 9.02.30 3.(4 Crimes of harassment KCC 9-9�-�6 9.02.26 4.(d- Reckless burning in the second degree KCC 9.02.62(C) 5.(e4 Criminal trespass in the first degree KCC 9.02.54(C) ffffiS 6.(44 Criminal trespass in the second degree KCC 9.02.54(D) Criminal Code 8 7.(� Theft in the third degree KCC 9.02.50(D) 8.(114 Reckless endangerment in the seeoa44egfee KCC 9.02.24(C) 9.(-i4 Coercion KCC 9.02.24(D) 10.04 Malicious mischief in the third degree KCC 9.02.62(E) 11.(1H Vehicle prowling in the second degree KCC 9.02.54(F) 12.(4 Violation of a no contact order KCC 9.02.302 1 ).Os4 Violation of a protecting order KCC 9.02.304 14.(*) Violation of a restraining order KCC 9.02.306 15.(e4 Violation of civil anti-harassment protection order KCC 9.02.308 16.(0 Interfering with the reporting of domestic violence, Kent City Code 9.02.301. C.4- For the purpose of this section, "victim" means a family or household member who has been subjected to domestic violence. SECTION 10. - SeverabjLW 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 11: - Effective Date. This ordinance shall take effect and be in force thirty (30) days from and after its passage, approval and publication as provided by law. JIM WHITE,MAYOR ATTEST: BRENDA JACOBER, CITY CLERK Criminal Code 9 APPROVED AS TO FORM: ROGER A. LUBOVICH, CITY ATTORNEY PASSED: day of 11999. APPROVED: day of , 1999. PUBLISHED: day of , 1999. I hereby certify that this is a true copy of Ordinance No. , passed by the City Council of the City of Kent, Washington, and approved by the Mayor of the City of Kent as hereon indicated. (SEA-) BRENDA JACOBER, CITY CLERK P:\Civil\Ordinance\Chap9.amendments.doc Criminal Code 10 � Kent City Council Meeting Date May 4 , 1999 Category Consent Calendar 1 . SUBJECT: YOUTH/TEEN UTILITY TAX REAUTHORIZATION - ORDINANCE 2 . SUNIIKARY STATEMENT: ' '^^""a' ' ^" to continue dedicating three/tenths of one percent of utility tax to the youth/teen programs by removing the sunset provisions of the utility tax dedicated to these programs . City Council previously authorized a percentage of the utility tax be dedicated to youth and teen programs which sunsets at the end of this year. The funds are used for recreation programs such as D.A.R.E. , video technology programs, and youth oriented capital projects . a... 3 . EXHIBITS: Program description and ordinance 4 . RECOMM=ED BY: Staff and operationsCommittee (Committee, Staff, Examiner, Commission, etc . ) 5 . UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES 6 . EXPENDITURE REOIIIRED: $ 03% utility tax SOURCE OF FUNDS: Utility Tax 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 6J M c� �i co E C "Q C r-• "��..✓ C E" O� M 00 M � or- CIS o a � Q E-� CITY OF KEA'! Sprft it" rim"al MGRAX Kent Parrs & recreation Department L mmary of Participation: i"s PROGRAM OVERVIEW 9,894 5 5 0 The Youth/Teen program is } err ` a collection of afterschool, evening,and weekend ac- 1 5 + tivities for youth and teens 522 J that do not have access to traditional services. The funding of this program is 4,033 10,787 provided through the City of Kent Utility tax of three- tenths of one percent — 4,500+ (0.3%). These activities `Big Blue" on another outing. 1,895 provide opportunities for young people to develop self-esteem,responsibility,lead- the people and make it as lo9n 111 ership,trust and integrity which easy as possible for them to will help protect them from many participate. A tremendous risk factors. Almost all of these by-product of this approach activities are based in neighbor- is the sense of community/ A 227 hood parks,local schools or neighborhood that is devel- other locations throughout the oped by making these pro- city,while some have even more grams neighborhood based. remote locations. The philoso- Teen Outdoor gdventure Club phy is to take the programs to (TOIC) Mobile Bus (,,Big Blue") Teens plan and participate in solve problems or reach a outdoor trips that challenge common goal. Teens also "Big Blue"is the 38 foot recreational vehicle(RV)that is packed them to develop leadership develop an awareness of full of computer goodies. This mobile wonder brings the technol- and team-building skills,re- environmental stewardship ogy of tomorrow to the children today. Loaded with the latest sponsibility and self-esteem. by understanding the deli- software,the youth have the tools to enhance their homework They develop these assets by cate balance of man and and school projects,research subjects of interest and even access sharing in the planning,deci- nature while participating the Internet. Stops at various schools,apartments and play- sion-making and implemen- in camping,hiking,rafting, grounds always draw a crowd of children eager to learn. Chil- tation of the activities that snow boarding and other dren aren't the only ones though, Specialized Recreation,the make-up this program. Be- outdoor trips. Over 40 Senior Center and the Teen Employment program have all util- ing in unfamiliar surround- different trips were taken ized"Big Blue"to enhance their programs. "Big Blue"visited ings compel the teens to in 1998 with 522 teens over 279 sites,working with 4,033 youth and teens. work together,build trust participating. and to rely on each other to A 40 ®evelenl Assets • Search Institute has identified the following building blocks of healthy development that help young people grow up healthy, 1`1_�Tff y4:)M caring, and responsible. TYK AIiBLT IIAiE 11Mo O�INfl1BN 1. Family support-Family life provides high levels of love and support. 2. positive family communication-Young person and her or his parent(s)communicate positively,and young person is willing to seek parent(s)advice and counsel. SUPPORT 3. Other adult relationships-Young person receives support from three or more non-parent adults. 4. Caring neighborhood-Young person experiences caring neighbors. 5. Caring school cUmate-School provides a caring,encouraging environment. 6. parent involvement in schooling-Parent(s)are active!y involved in helping oun n succeed in school. 7. Community values youth-Young person perceives that adults in the community value youth. EMPOWERMENT 6• Youth as resources-Young people are given useful roles in the community. 9. Service to others-Young person serves in the community one hour or more per week. 10. Safety-Young person feels safe at home,school,and in the neighborhood. 11. Family boundaries-Family has clear rules and consequences,and monitors the young person's whereabouts. 12. School boundaries--School provides clear rules and consequences. BOUNDARIES& 13. Neighborhood boundaries-Neighbors take responsibility for monitoring young people's behavior. EXPECTATIONS 14. Adult role models-Parent(s)and other adults model positive,responsible behavior. 15. Positive peer influence-Young person's best friends model responsible behavior. 16. High ex boas-Both parent(s)and teachers encourage the young person to do well. 17. Creative activities-Young person spends three or more hours per week in lessons or practice in music,the- ater,or other arts. CONSTRUCTIVE 18. Youth programs-Young person spends three or more hours per week in sports,clubs,or organizations at USE OF TIME school and/or in community organizations. 19. Religious cosnmunRy-Young person.spends one or.".:ore hours per:veek in activities in a religious institution. 20. Time at home}-Young person is out with friends"with nothing special to do,"two or fewer nights per week. 21. Achievement motivation-Young person is motivated to do well in school. COMMITMENT 22. School engagement-Young person is actively engaged in lemming. TO LEARNING 23. Homework-Young person reports doing at least ore hour of homework every school day. 24. Bonding to school--Young person cares about:.-r or his school. 25. Reading for plessure-Young person reads for pleasure three or more hours per week. 26. Caring-Young person places high value on helping other people. 27. Equality and social justice-Young person places high value on promoting equality and reducing hunger POSITIVE and poverty. VALUES 28. Intsgrity`Young person acts on convictions and stands up for her or his beliefs. 29. Honesty-Young person"tells the truth even when it is not easy." 30. Responsibility Young person accepts and takes personal responsibility. 31. fledralint.-Younj person believes it is important not to be sexually active or to use alcohol or other drugs. 32. Planning and eMdsion•maithtg-Young person knows how to plan ahead and make choices. 33. Interpersonal eompstenee--Young pawn has empathy,sensitivity,and fiieodship skills. SKIAL 34. Culttsrai competence-Young person has knowledge of and comfort with people of different COMPETENCIES culturaUtacial/ethnic backgrounds. 35. Resistanati skills-Young person can resist negative pear pressure and dangerous situations. 36. PeaesfW conflict resolution-Young seeks to resolve conflict non-violently. 37. personal power-Young person feels he or she has control over"things that happen to me." POSM 38. Self-estoem-Young person reports having a high self-esteem. IDENTITY 39. Sense of purpose-Young person reports that"my life has a purpose." 40. Posithre view of personal future-Young person is optimistic about her or his personal future. Permission to reproduce this chart is granted for educational,non-commercial purposes only. Search Practical M$Oa rh Copyright®1996 by Search Institute,700 S.Third Street.Suite 210,Minneapolis,MN 55415.For benefiting dul&m information on asset building and Search Institute's national Healthy Communities•Healthy Youth N S T I T U T E and"wth initiative,call 1-800-888-7828.Or visit our web site at httpJ/www.semh-institute.org ORDINANCE NO. AN ORDINANCE of the City Council of the City of Kent, Washington, amending Chapter 3.18 of the Kent City Code relating to utility taxes to continue the tax assessed for youth teen programs by removing the sunset provisions of the tax to provide for continued funding of youth teen programs. WHEREAS,the City's utility tax assesses tax of three-tenths (0.3)percent which revenue is dedicated for vouth teen programs; and WHEREAS, the tax sunsets December 31, 1999; and WHEREAS, the City Council finds that the city's youth teen program is beneficial to the citizens of the community and would like to continue the tax for such programs by removing the sunset provisions of the tax; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON. DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Section 3.18.020 of the Kent City Code is hereby amended to read as follows: Sec. 3.18.020. Certain utilities subject to tax. A. In addition to the other business and license fees required by the ordinances of the city, there is hereby levied upon all persons (including the city) engaged in certain 1 business activities a utilities tax to be collected as follows: 1. Upon every person engaging in or carrying on any telephone business within the city, an annual tax equal to three and one-half(3 1/2)percent of the total gross operating revenues, including revenues from intrastate toll, derived from the operation of such business within the city. In addition. there shall also be assessed an interim tax of three-tenths (0.3) percent effeetive H144 11 GQ n ` @r- ^ ' which revenue from said interim tax shall be dedicated to youth teen programs. plus an interim tax of one (1.0) percent effective until 11:59 p.m. on December 31, 2006. which revenue from said interim tax shall be dedicated to street improvement programs. Gross operating revenues for this purpose shall not include charges which are passed on to the subscribers by a telephone company pursuant to tariffs required by regulatory order to compensate for the cost to the company of the tax imposed by this chapter. 2. Upon every person engaging in or carrying on a business of selling, furnishing, distributing, or producing gaseous gas for commercial or domestic use or purposes, a fee or tax equal to three and one-half(3 1/2)percent of the total gross income from such business in the city during the tax year for which the license is required. In addition,there shall also be assessed an interim tax of three-tenths(0.3)percent effective w4jt 11. >,es which revenue from said interim tax shall be effidedicated to youth teen programs,plus an interim tax of one(1.0) percent effective until 11:59 p.m. on December 31, 2006, which revenue from said interim tax shall be dedicated to street improvement programs. 3. Upon every person engaged in or carrying on the business of selling, furnishing, or distributing electricity for light and power, a fee or tax equal to three and one-half(3 1/2) percent of the total gross income from such business in the city during the tax year for which a license is required. In addition, there shall also be assessed an interim tax of three-tenths(0.3)percent which revenue from said interim tax shall be dedicated to youth teen programs, plus an interim tax of one (1.0)percent effective until 11:59 p.m. on December 31, 2006, which revenue from said interim tax shall be dedicated to street improvement programs. 4. Upon every person engaging in or carrying on a business providing garbage service, a tax equal to six and one-half(6 1/2) percent of the total gross income from such business in the city during the tax year for which the license is required. In addition, there shall also be assessed an interim tar of three-tenths (0.3) percent ef4etiv@ until 1 , cn j, n which revenue from said interim tax shall be dedicated to youth teen programs, plus an interim tax of one (1.0) percent effective until 11:59 p.m. on December 31, 2006, which revenue from said interim tax shall be dedicated to street improvement programs. 5. Upon every person (including the city) engaging in or carrying on the business of selling, furnishing or distributing water, sewer or drainage services, a tax equal to three and one-half(3 1/2) percent of the total gross income from such business in the city during the tax year. In addition, there shall also be assessed an interim tax of three-tenths (0.3) percent e4eetive unt441-`P .„�,e_ '' which »—P =:r—oix s PeG oot , ' , revenue from said interim tax shall be dedicated to youth teen programs,plus an interim tax of one(1.0)percent effective until 11:59 p.m. on December 31,2006, which revenue from said interim tax shall be dedicated to street improvement programs. B. In computing the tax provided in subsection A., the taxpayer may deduct from gross income, the following items: 1. The actual amount of credit losses and uncollectibles sustained by the taxpayer. 2. Amounts derived from the transactions in interstate and foreign commerce which the city is prohibited from taxing under the laws and constitution of the United States. SECTION -Severability. 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. „�,�, 3 SECTION 3. - Effective Date. This Ordinance shall take effect and be in force thirty (30) days from the time of its final approval and passage as provided by law. JIM WHITE, MAYOR ATTEST: BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM: ROGER A. LUBOVICH, CITY ATTORNEY PASSED: day of , 1999. APPROVED: day of 11999. PUBLISHED: day of 11999. 1 hereby certify that this is a true copy of Ordinance No. , passed by the City Council of the City of Kent, Washington, and approved by the Mayor of the City of Kent as hereon indicated. (SEAL) BRENDA JACOBER, CITY CLERK P_�LA WIORDINANCIUrITAXB2.ORD Kent City Council Meeting Date May 4, 1999 Category Consent Calendar 1 . SUBJECT: CENTRAL AVENUE DESIGN GUIDELINES AMENDMENT ZCA-99-1 - ORDINANCE 2 . SUMMARY STATEMENT: Adoption of Ordinance No. ?44,5-( relating to Central Avenue Design Guidelines . On April 6, 1999, the City Council approved the recommendation by the Land Use and Planning Board and directed the City Attorney to prepare an ordinance . 3 . EXHIBITS: Ordinance and supplemental copy of Central Avenue Design Guidelines 4 . RECOMMENDED BY: City Council and Land Use & Planningf Board (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. 6K ORDINANCE NO. AN ORDINANCE of the City Council of the City of Kent, Washington, amending the Section 15.09.048 of the Kent Zoning Code, adding a new subsection entitled "Central Avenue District Design Review." WHEREAS,the Kent City Council adopted the downtown plan in 1989 establishing a policy framework for a pedestrian oriented downtown community and establishing general design review criterion for site design, landscape design,building design, and pedestrian orientation; and WHEREAS, in 1992,the City Council designated downtown Kent as an urban center pursuant to the county-wide planning policies developed under the Growth Management Act and which envisioned urban centers as areas of concentrated employment and housing with a pedestrian-oriented streetscape; and WHEREAS, a City of Kent community participation program: Community Forum on Growth Management and Visioning, held in June of 1992, produced a community vision for Kent that included a safe downtown with pedestrian activity occurring day and night; and WHEREAS, the Kent Comprehensive Plan, adopted in 1995, contains downtown, commercial, and community design goals and policies that reaffirm the City's focus on pedestrian-oriented downtown building and site design, on design 1 Central Avenue Design Amendments review for downtown development projects, and recommends defining the character of the special downtown activity district; and WHEREAS, the 1998 Downtown Kent Strategic Action Plan defines seven special activity districts and contains actions to develop specific, detailed design criteria to direct development toward high quality building and site design in each of the seven districts; and WHEREAS, the Central Avenue District, by public request, was given the highest priority among the seven downtown districts; and WHEREAS,the draft Central Avenue Design guidelines were reviewed at three Kent Downtown Partnership Design Committee Meetings, one public workshop, three land use and planning board workshops, and one land use and planning board public hearing; and WHEREAS, the land use and planning board on February 22, 1999, recommended approval of the proposed Central Avenue Design Guidelines with proposed amendments;NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Section 15.09.048(D)of the Kent City Code is amended by adding new subsections (4) and(5) as follows: See. 15.09.048. Downtown design review. A. Purpose and scope. 1. Downtown design review is an administrative process, the purpose of 2 Central Avenue Design Amendments �; which is to implement and give effect to the downtown plan, its policies or parts thereof, through the adoption of design criteria for development within the downtown planning area. which is bounded by state route 167 to the west, James Street to the north, Jason/Titus/Central Avenue to the east, and Willis Street to the south. The area is shown on the map below: It is the intent of the city that this process will serve to aid applicants in understanding the principal expectations of the city concerning development in the downtown planning area and encourage a diversity of imaginative solutions to development through the review and application of the design criteria described in this section. These criteria have been formulated to ensure that the design, siting and construction of development will provide a qualivy pedestrian oriented urban environment in a manner consistent with established land use policies, the comprehensive plan, and zoning code of the city. 2. The adoption of design criteria is an element of the city's regulation of land use, which is statutorily authorized. The downtown design review process adopted herein is established as an administrative function delegated to the planning department pursuant to RCW Title 35A. Therefore, in implementing the downtown design review process, the planning director may adopt such rules and procedures as are necessary to provide for review of proposed projects. 3. Development in the downtown commercial(DC), downtown commercial enterprise (DCE)and downtown limited manufacturing(DLM)zoning districts within the downtown planning area shall be subject to the provisions of this section. 4. Applications for multifamily development in the DC, DCE and DLM zoning districts shall not be subject to the provisions of section 15.09.045, administrative design review. 5. The downtown design review process is distinct from the multifamily design review process set forth in section 15.09.047. Applications for multifamily development within the DC, DCE and DLM zoning districts shall be subject to the 3 Central Avenue Design Amendments provisions of section 15.09.047 in addition to the provisions of this section, except as provided in section 15.09.047 3. However, the provisions of this section shall prevail in cases where a conflict may arise between the requirements of the two (2) sections. B. =application and review process. The downtown design review process is administrative and is conducted as part of the permit review process. The applicant must make application for the design review process on forms provided by the planning department. Upon receipt of an application for design review, the planning director shall circulate the application to the public works director, building official, and the city administrator for review. Prior to issuing a final decision, the planning director shall review anv comments submitted for consideration. In the administration of this process, the planning department may develop supplementary handbooks for the public, which shall pictorially illustrate and provide additional guidance on the interpretation of the criteria set forth in subsection C. of this section. C. Design review committee. There is hereby established the downtown administrative design review committee, which shall make all final decisions on applications for downtown design review. The committee shall be comprised of three (3) members, who shall be appointed by the planning director under the authority delegated to him under RC W Title 3 5A. The members shall serve at the pleasure of the planning director. The planning director shall, by administrative rule, establish the rules of procedure for the committee, which shall be made available to the public upon publication. D. Design review criteria. The downtown administrative design review committee shall use the following criteria in the evaluation and/or conditioning of applications under the downtown design review process: 1. Site design. a. The site plan conforms with the pedestrian plan overlay frontage requirements for class A and class B streets as included in the administrative guidelines of the planning department. 4 Central Avenue Design Amendments b. The site plan conforms with the maximum setback requirements .✓' as specified by the pedestrian plan overlay. C. The site plan provides for a zero setback for properties abutting Meeker Street and First Avenue within the downtown commercial district. d. The site plan restricts the number of curb cuts necessary to meet automobile circulation requirements. e. Offstreet parking areas are located to the rear or side of buildings and are well lighted. f. The site plan provides for sidewalks and pedestrian corridors in both public right-of-ways and privately owned areas. g. Pedestrian corridors outside of buildings are clearly marked and well lighted. h. Pedestrian throughways are provided in long buildings. i. The site plan provides for semiprivate and/or private useable open space for any development with a residential component. ter' 2. Landscape design. a. The landscape plan provides for extensive landscaping of large parking areas or other open areas which can be seen from the street or other pedestrian oriented area. b. The landscape plan enhances pedestrian activities for any setback or other open space areas which are being provided on the site. C. The landscape plan enhances any private and/or semiprivate open spaces which are being provided for multifamily residential units. 3. Building design. a. Building floor area above four (4) stories in height is setback as appropriate to maintain human scale. b. Buildings in the downtown commercial zoning district are designed to be compatible with the existing historic buildings in terns of bulk, scale, and 5 Central Avenue Design Amendments cornice line. C. Buildings in the downtown commercial zoning district provide cover for pedestrians such as awnings along the length of any facade abutting a sidewalk. d. Building facades facing a public right-of-way or other pedestrian oriented space minimize blank walls b}, providing windows and/or providing an interesting design features. e. Windows make up the greatest percentage of the street level facade area to minimize blank walls in the downtown commercial zoning district. 4. Central Avenue District Design Review. The Central Avenue District Design Guidelines apply to development within the area shown on the man below. ,U II' i�+� , rr ¢0-._ ' U-"yam 4 a ° !r�; North Frame Central Q Corroor 73 O �• North Core ° 3:�- ,s.--- , r•-• I i =� East West jet '--5,� I ,i Frame _ a a o Frame �= Historic i �.•. 713, =p 1 �• Core l..l d •o:• '� ��=40. - 117 h C CM 4 South I j � _ cam a i e �'] 5. Central Avenue District Design Guidelines .Jdontion. The Central Avenue �..r District Design Guidelines are hereby adopted by this reference as authorized_pursuant to RCW 35A 12.140 and placed on file in the office of the Kent City Clerk and the Kent Planning Department. E. Appeals. The decision of the downtown administrative design review committee to approve, condition or reject any application under the downtown design review process is final unless an appeal is made to the hearing examiner within ten(10) days of either the issuance of the committee's conditional approval or rejection of any application under this section. Appeals to the hearing examiner shall be as set forth in chapter 2.32. The decision of the hearing examiner shall be final, unless an appeal is made to the city council within ten(10) days after the hearing examiner's decision. The appeal shall be in writing to the city council and filed with the city clerk. SECTION 2. - Severability. 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 3: - 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 7 Central Avenue Design Amendments APPROVED AS TO FORM: ROGER A. LUBOVICH, CITY ATTORNEY PASSED: day of 11999. APPROVED: day of , 1999. PUBLISHED: day of 31999. I hereby certify that this is a true copy of Ordinance No. , passed by the City Council of the City of Kent, Washington, and approved by the Mayor of the City of Kent as hereon indicated. (SE� -) BRENDA JACOBER, CITY CLERK ` PACivd\0rdinenc6=tre1 eve design.doc 8 Central Avenue Design Amendments , Central Avenue District Table of Contents ORGANIZATION OF GUIDELINES...................................................................... 1 APPLICATION OF DESIGN GUIDELINES ..........................................................2 I. SITE PLANNING ...........................................................................................3 A. Response to Surrounding Context and Unique Site Features ...........................3 B. Relationship to Street Front...............................................................................4 C. Side and Rear Yards Compatibility....................................................................7 D. Siting and Screening Service Areas...................................................................8 E. Street Corners....................................................................................................9 F. Site Design for Safety...................................................................................... 11 G. Residential Open Space .................................................................................. 17 �...� 11. PEDESTRIAN ACCESS.............................................................................. 19 A. General Pedestrian Access Requirements ...................................................... 19 B. On-Site Pedestrian Circulation.........................................................................21 C. Pedestrian Access in Parking Lots...................................................................22 D. Pedestrian Amenities.......................................................................................23 E. Pedestrian Areas at Building Entries................................................................25 F. Pedestrian Activity Areas and Plazas ..............................................................26 III. VEHICULAR ACCESS AND PARKING......................................................28 A. Access Streets.................................................................................................28 B. Vehicle Entrances and Driveways....................................................................28 C. Parking Lot Location and Design .....................................................................29 D. Incentives to Reduce Number of Surface Parking Stalls..................................30 IV. BUILDING DESIGN .....................................................................................32 A. Building Concept.............................................................................................. 32 B. Human Scale and Pedestrian Orientation........................................................34 C. Architectural Scale...........................................................................................36 D. Building Details and Elements .........................................................................38 E. Materials and Colors........................................................................................40 F. Blank Walls ......................................................................................................41 G. Mechanical Equipment and Service Areas ......................................................42 Kent Downtown Design Guidelines—Centrai Avenue District 9735G0L4Af-4iz7Jee- Draft for Review Page i ti V. LANDSCAPE AND SITE DESIGN...............................................................42 A. Landscape Concept.........................................................................................42 B. Preferred Plant Materials................................................................................. 44 C. Parking Lot Landscaping .................................................................................46 DEFINITIONS.......................................................................................................47 Kent Downtown Design Guidelines—Central Avenue District 9735G04/.00C-2J12M-Draft for Review Page ii ti ii Organization of Guidelines This draft document categorizes the guideline topics into several sections,each dealing with a separate design issue such as: • Site Planning; • Pedestrian Access; • Vehicular Access and Parking; • Building Design; and • Site Design and Landscaping. Each section contains guidelines dealing with that topic. Many of the guidelines set requirements and standards that must be met. However,the purpose of the guidelines is to create a site and building design compatible with community goals and context. However,the guidelines were formulated to place a minimum burden on projects by guiding project design in the following_ways: • They often allow for a variety of options to fulfill a requirement. • Many of the standards or requirements do not add costly features or require expensive construction. • Many guidelines only apply if the element in question is in proximity to and/or visible from the street or a park. • Some guidelines only apply to conditions where they are most beneficial. • Some guidelines offer incentives such as reduced parking or greater development capability. • Most importantly, the guidelines do not inhibit creative design. In most cases the project's architect or landscape architect may suggest an alternative to meet the intent of the guideline. It is suggested that the Central Avenue District Design Guidelines Checklist be used to note which guidelines apply to the proposed project. Planning Department staff will review which regulations apply during or shortly after the pre-application meeting or before initial design meeting in order to assist the applicant and to facilitate final approval. During project review, the staff person will check those regulations that have been satisfied. Kent Downtown Design Guidelines—Central Avenue District 9735coU.00c-1/12W-Draft for Review Page 1 Application of Design Guidelines The Central Avenue District Design Guidelines apply to Central Avenue, from James Street to Willis Street as indicated on the map, Figure 1, in the downtown area of Kent. The Central Avenue District shown on the map is composed of General Commercial(GC)and Downtown Commercial Enterprise (DCE)zones. The guidelines apply to each zone as appropriate to the uses permitted in the zone. Notable exceptions are the residential guidelines that apply only in the DCE zone because residential use is not permitted in the GC zone within the downtown plan boundaries. Other examples are guidelines for outside storage that apply only in the GC zone because outside storage is not permitted in the DCE zone. The guidelines are intended to revise and supplement the design standards in the City of Kent zoning ordinance. Some of the guidelines state that the City may relax or modify zoning ordinance standards if, in the City's determination,the guidelines are met. Other guidelines include provisions,requirements or considerations that are in addition to the zoning ordinance standards. Where the guidelines and zoning ordinance standards conflict,the City shall determine which regulation applies. Ilk Cr to O' o. it. Dn �Q, \` th Street Z A* - ,i , y� Imber ua o�O L--1 Gowe StreetDO o of GC o _ , v� l o /a Titus tenet oo 2 r--- DI a �J 4 FPS, o VIES $ Q 'Q"9bI lluu olo li look_ .11n Figure 1. Central Avenue District Boundaries. Kent Downtown Design Guidelines—Central Avenue District 9735Gtx4.oOC-2JIZS9-Draft for Review Page 2 Y Y • I. Site Planning A. Response to Surrounding Context and Unique Site Features INTENT: ■ To upgrade the Central Avenue District's appearance and create an attractive entrance to downtown Kent. ■ To create an attractive redevelopment setting. ■ To encourage a mix of auto-oriented and pedestrian-oriented uses. ■ To create a pedestrian-friendly environment. ■ To create a compatible edge between business and adjacent residential properties. GUIDELINES: I.A(1) Take advantage of the proximity to the commuter rail transit station. This space left blank for revisions if Transit Oriented Development Study determines a special provision is applicable. I.A(2) To encourage commuter rail transit ridership and transit-oriented development,the City will place special emphasis on Guidelines I.B, ILA,H.B,II.C,II.D,ME,MA, HLB,M.C, and MB for projects within 1,200 feet of the center of the commuter rail passenger platform. Kent Downtown Design Guidelines—Central Avenue District 9735c041A X-2J1W"-Draft for Review Page 3 B. Relationship to Street Front INTENT: ■ To create an active, safe pedestrian environment. • To upgrade the downtown's visual identity. ■ To unify the Central Avenue streetscape. to To improve circulation. GUIDELINES: I.1)(1) Relate development to pedestrian-oriented street frontage on Class A and B pedestrian streets. L 1' l arNts strrerJ ! I a►xts stxcct= I I �— �� 30 1 1 'ice oil Mj 1-1 Iz '`•.✓` i i i——i— .� ��- ——— i— 11 �, � 1, � 1= i C S +► � S i ..Yt. L•.W IMII CLASS A PEDESTRIAN STREET CLASS B PEDESTRIAN STREET ­+ DESIGNATED PEDESTRIAN RIGHT OF WA' Figure 2. Class A and B Streets in the Central Avenue Corridor District Kent Downtown Design Guidelines—Central Avenue District 9735GDI.4.D0c-2/12W- Draft for Review Page 4 Class A streets are intended to accommodate and foster the greatest pedestrian usage in the downtown area. When a property line abuts a right-of-way designated Class A, a continuous street wall should be maintained along the property frontage abutting that right-of-way. Breaks in the continuous street wall are permitted where pedestrian access is being provided into or through the site. Breaks in the continuous street wall to provide for vehicular access to the site are restricted on a Class A street and should only be permitted when there is no frontage on a Class B street or undesignated street or alley from which vehicular access may be provided. Similarly,the continuous street wall should not be interrupted by surface parking areas on a Class A street unless there is no property frontage on a Class B street or undesignated street or alley. Class B streets are pedestrian-oriented,but also accommodate vehicular access to the site. A continuous street wall should be maintained for a minimum of 50%of the length of the property frontage abutting the Class B right-of-way. Vehicular access to the site is permitted from the Class B street to the property within the remaining 50%of the Class B frontage. Surface parking areas may front on the Class B street within the 50% area. However, surface parking areas should not be located in front of the building. Accordingly,the development must adhere to the following standards unless the City determines that they prevent viable site development. a. Buildings must present a"pedestrian-oriented facade" (see definitions)to the street. b. The maximum building setback from Central Avenue Class B areas within the area designated for 50% street wall and Class A cross streets is 20 feet. A setback area is allowed only if a pedestrian activity is planned for that space, such as outdoor dining associated with an eating establishment or garden space associated with residences. The setback area may also be utilized for a recessed entryway or plaza. The setback area may not be used for parking. C. Building entries must have direct access to the public sidewalk(entries may be on the side of buildings but they must be visible from the street and connected by a pedestrian pathway). d. Parking is prohibited between the building and the streetfront. No parking is allowed within 20 feet of Central Avenue, except in the 50%. e. If the public sidewalk is less than 12 feet wide, set the building back sufficiently to provide at least 12 feet of walking surface. f. No large item display areas(e.g. auto sales) are allowed in the front yard area. g. Buildings over 200 feet in length measured along Central Avenue should include a pedestrian pass-through to allow people to access the rear of the lot. (Note: The City may waive this requirement if it is not in the public interest and if the use is consistent with the comprehensive plan. h. It is recommended that;-49 on class A and B streets, supermarkets and similar multi- department businesses that include bakeries, delis, flower shops, fiuit and vegetable sections, afe-re}u -te-plaee-these sections be placed next to the pedestrian street, with display windows or doors to the street. Walk-up outdoor bakery, deli, and flower sales windows are encouraged as pedestrian amenities. Kent Downtown Design Guidelines—Central Avenue District 973SML4.df-1n7 ss-Draft for Review Page 5 • 2W • I Exception: The City may permit a deviation from the specific standards if it V determines that public benefit may be achieved in terms of the Intent described above and if the deviation is consistent with the Comprehensive Plan Goals and Policies. The applicant must demonstrate g that the proposed deviation will result in increased pedestrian activity and visual ! interest along the street. • .w„ Figure 3. A variety of pedestrian amenities can be accommodated in the allowable setback area. Figure 4. Example of desirable building configurations on Central Avenue. Kent Downtown Design Guidelines—Central Avenue District 9735GOL4.DOC-2112M- Draft for Review Page 6 C. Side and Rear Yard Compatibility INTENT: ■ To promote functional and visual compatibility between adjacent properties. GUIDELINES: Minimize visibility and impacts of incompatible uses. In GC-zoned areas where outdoor storage and service areas are permitted, locate service areas, outdoor storage areas and other intrusive site features away from neighboring properties to reduce conflicts with adjacent uses. Where the City deems necessary, landscape screening or other form must be planted along property lines adjacent to "incompatible uses." Incompatible uses include: outdoor storage adjacent to any other use, service areas adjacent to any other use, and commercial development adjacent to or across a street from a residentially zoned property. The buffer and/or fencing of outdoor storage and service areas must conform with the requirements of KZC Sections 15.04.140.E.8, and 15.07.040.0 as a minimum standard. Additional buffer area or screening may be required. a. If changes in topography between the residential and adjacent property are sufficiently great,then modifications to some of the above buffer options may be allowed. b. Integrate outdoor storage areas and loading facilities where permitted into the site design to minimize their size, reduce visual impact, and allow for pedestrian and vehicular(where appropriate)movement between sites. Kent Downtown Design Guidelines—Central Avenue District 9735cou.00c-2A2199-Draft for Review Page 7 D. Siting and Screening Service Areas INTENT: ■ To reduce the visibility of unsightly uses(trash containers for example), in the business district. ■ To encourage more thoughtful siting of trash containers and service areas, balancing the need for service with the desire to screen its negative aspects. GUIDELINES: I.D(1) Reduce impact of service areas and mechanical equipment. a. Locate service areas(trash dumpsters, compactors, mechanical equipment, and storage yards and loading docks in the GC zone) so as not to have a negative visual, auditory(noise), or physical impact on the street environment, and adjacent residentially zoned properties. One of the purposes of this guideline is to reduce the noise impacts of service areas. Coordinate with waste and recycle contractors when locating dumpsters and recycle containers. b. When service elements are visible from the sidewalk and adjacent properties,the elements must be screened. Dumpsters, refuse,and recycling collection points shall be screened in accordance with Guideline I.C, "Side and Rear Yard Compatibility." MMIAN1CAL Nu, I ` MQarMetn: •: Landscaping Solid Enclosure . L ouaRsr'est. // Trellis Self-closing . ...._ doors i' Concrete pad Figure 5. Service areas should be located and screened in ways that minimize their visual, auditory, and olfactory impacts and avoid their interference with site circulation or other activities. Kent Downtown Design Guidelines—Central Avenue District 97MOL4.00c.7112M- Draft for Review Page 8 E. Street Corners INTENT: ■ To improve the appearance of highly visible locations. GUIDELINES: I.E(1) Enhance the visual quality of development on corners. New development on comer lots at street intersections must enhance the property's visual qualities at the comer by one or more of the following methods: a. Locate the building within 15 feet of the property comer nearest the street intersection and enhancing the building's comer with a building element such as a comer entry, tower, comer window sculpture, or other device. Figure 6. Example of a positive street comer site planning. b. Design the building in a way that will allow the comer to serve a pedestrian- attractive use such as outdoor dining, flower carts, information or merchandise kiosk or newsstand. c. Install substantial landscaping (at least 200 SF of ground surface area with trees and shrubs or ground cover) at or near the corner of the lot. Landscaping could include plant material to form a low hedge. However,care should be taken to not create a visibility or security problem. Container gardens,public art, or other features attractive to pedestrians may be substituted for landscaping, subject to Planning Department approval. d. Other element or method approved by the city. Kent Downtown Design Guidelines—Central Avenue District 9735GoL4.00c-2117M-Draft for Review Page 9 LE(2) When the corner is adjacent to a City-designated gateway intersection,coordinate with the City to provide significant gateway elements such as landscaping, banners, special lighting, or art. Note: It is especially important that buildings locate on or near the corners along central avenue because the corners are so visible. Such a configuration provides excellent exposure for businesses. Stylemakers, the salon on the northeast corner of Meeker and Central,provides an example of appropriate site design. �J Kent Downtown Design Guidelines—Central Avenue District 9735GDL4 DOC-2/12199- Draft for Review Page 10 F. Site Design for Safety INTENT: ■ To promote personal safety and property security. ■ To ensure the nighttime environment is safe and inviting. ■ To ensure that lighting, landscaping, and other site features contribute to personal safety. ■ To discourage vandalism and reduce maintenance. GUIDELINES: I.F(1) Minimize conflicts between drivers and pedestrians through the siting of structures, location of circulation elements,landscape design,and placement of signs. Incorporate the following methods for protecting pedestrian safety, where appropriate: a Limit the number of potential encounters between pedestrians and vehicles through site design. b. Were pedestrian and motorist paths must cross(e.g., at crosswalks),provide adequate sight distance and ensure that landscaping does not block pedestrians and drivers' views. c. Within parking lots provide raised sidewalks, crosswalks, and pedestrian walkways where possible; or provide at-grade walkways protected by curbs and/or landscaped areas. e. Distinctively mark pedestrian routes through parking lots, using vertical design elements, special paving, painted crosswalks or signage. f. Separate service vehicle access and loading zones from pedestrian areas where possible. g. Use on-site directional signs to clearly mark pedestrian and vehicular routes. I.F(2) Locate,design, and site structures to maximize site surveillance opportunities from buildings and public streets. Incorporate the following methods to increase personal safety and security, where appropriate: a. Avoid site design features that create entrapment areas (e.g. tunnels, long corridors, opaque fences) in locations with pedestrian activity. Kent Downtown Design Guidelines—Central Avenue District 9735GDL4.00C-2/12 e-Draft for Review Page 11 � 7 AN arms visible rrom pubse street. 1 0o THIS a It U v i 1. Dead- od,renced in L parkin;provides no escape route is out of view from public street. i I 1 oonrr oo TM Figure 7. Design the site to avoid creating potential entrapment areas. Kent Downtown Design Guidelines—Central Avenue District 9735GIX4.00c-2nu99- Draft for Review page 12 b. Ensure that site and buildings provide sight lines that allow building occupants and passersby to observe outdoor on-site activities. C. Site buildings so that windows, balconies and entries overlook pedestrian routes, vehicular circulation routes, and parking areas and allow for informal surveillance of these areas, where possible. Roof Decl Bav Window Balcony a ^ r r t Shti -; wft✓ Figures 8. Site planning and building design can promote "eyes on the street"and safety. Kent Downtown Design Guidelines—Central Avenue District 9735Go14.00c-2 I2M-Draft for Review Page 13 s I.F(3) Provide adequate lighting levels in all pedestrian areas, including building entries, �✓ along walkways, parking areas, and other public areas. Include the following in lighting plans: a. Provide an overlapping pattern of light at a height of about 10-15 feet in lighted areas. Q L • � p • u I Do THIS Mir ,aRS. l m W T I Q . Q Dour Do THIS Figure 9. Smaller scale lighting standards, 10-15 feet in height, evenly spaced, and at consistent foot-candle levels provide for greater safety. A minimum of 2(IESNA, Illuminating Engineering Society of North America, standards are 1.1)foot-candles on the ground is recommended, but a minimum of 4 foot- candles should be provided on specific pedestrian routes. b. Provide lighting at consistent lumens with a gradual transition to unlighted areas. Avoid creating highly contrasting pools of Iight and dark areas, which can be temporarily blinding. c. Provide adequate lighting at all building entrances, exits and corridors between buildings, at least 4 foot candles during active use, especially where doors are recessed. d. Indicate specific lighting levels in each lighted area. Design lighting levels so that pedestrians can identify a face 15 yards away(generally, a minimum of 4 foot-candles) in order to reduce anonymity and to give pedestrians the opportunity to choose another route if they feel unsafe. e. Ensure that site lighting is confined to the project site and does not cause glare on adjacent properties. f. Place light posts and standards so that they do not create hazards for pedestrians or vehicles. Kent Downtown Design Guidelines—Central Avenue District 9735G0L4.D0C-2/12M- Draft for Review Page 14 • A ". HiOArghtkv of Padaatrim Zones Overall Munination Figure 10. Lighting pedestrian zones. I.F(4) Design landscaping so that long-term growth will not interfere with site lighting and surveillance. Include the following in lighting plans to provide for compatibility of landscaping with site lighting: a. Ensure that the type and placement of light fixtures in the landscape will allow for achieving site lighting guidelines established in the previous section. b. Space landscape elements to allow for long-term growth without interfering with site lighting. c. Select plant species considering long-term growth characteristics. d. Prune shrubs to allow for adequate surveillance (no taller than approximately 3 feet in height). Limb trees to a height that allows visibility under them(approximately 6 feet). 0 0 Figure 11. Low bushes and trimmed street trees screen parking, yet still allow visual access. Kent Downtown Design Guidelines—Central Avenue District 97'35Goi4.000-2112M- Draft for Review Page 15 w I.F(5) Use durable, high quality,safe,vandal-resistant materials in site furnishings and features for ease of maintenance. Include the following site plan elements: a. Use high-quality materials in site furnishings and features, such as walls and paving, that are durable and easily maintained. b. Design site features and select furnishings that discourage vandalism. For example, large blank walls encourage vandalism. Furnishings that are easily removed, or that do not convey an image of care, invite misuse. c. Use materials that promote safety, such as non-slip walkway surfaces. Kent Downtown Design Guidelines—Central Avenue District 9735GOLe.00c-2112M- Draft for Review Page 16 G. Residential Open Space (Apply to DCE zone only) INTENT: ■ To provide an open space network which will accommodate a wide variety of activities,public and private. GUIDELINES: I.G(1) Design each space within a residential open space network with a specific use in mind. Anticipate activity opportunities for all ages,accessible to all units. I.G(2) Ensure that new residential mixed-use development provides one or more of the following options: a. Balconies d. Furnished children's play area b. Screened patios e. Roof-top open space—roof garden or game court c. Small,shared courtyards I.G(3) Ensure that the open space network provides for privacy of residents while allowing for security and surveillance from residential units. I.G(4) Ensure that the open space network is well lit at night. I.G(5) Encourage the definition of open space by landscaping that also provides shade and wind protection where needed. Kent Downtown Design Guidelines—Central Avenue District 9735GOL4.000-2/12M- Draft for Review Page 17 Figure 12. Design and landscape site to define open space for both private and commercial use. KA � t 13 fl - Q O fl 0 O p To Be Avoided Preferred �rr+1 Kent Downtown Design Guidelines-Central Avenue District 97moLtooc-2/i2m- Draft for Review Page 18 .: .. .. .. .. . . . . . I I set II. Pedestrian Access A. General Pedestrian Access Requirements INTENT: ■ To improve the pedestrian environment by making it easier, safer and more comfortable to walk between businesses,to the street sidewalk,to transit stops, and through parking lots. ■ To ensure that pedestrian facilities, such as sidewalks and bus shelters, connect all modes of transportation. ■ To provide safe, continuous pedestrian access in both the north-south and east- west direction. ■ To provide the pedestrian,disabled person and transit user with a safe and clear path to the entry door of a building. ■ To provide connections for residents in mixed use complexes to parks, schools, shopping and transit routes GUIDELINES: II.A(1) Provide pedestrian access onto the site from the main street on which the use is located. Where a use fronts two streets,access shall be provided from the street closest to the main entrance or,preferably,from both streets. All buildings shall have a paved pedestrian path at least 60"wide(preferably 96"wide)from the street sidewalk to the main entry. Buildings with entries not facing the street should have a clear and obvious street sidewalk to the entry(Siting Buildings and Parking Lots). This path should be separate from vehicular traffic or raised above the vehicular pavement. In residential or mixed-use complexes, locate pedestrian pathways in clear view of residents and passersby. Note: In the case of encumbrances the clear pathway width shall be no less than 48" ar/ Kent Downtown Design Guidelines—Central Avenue District 9735coL4.00c-2/12M-Draft for Review Page 20 ILA(2) Ensure that all pedestrian paths correspond with Federal,State and local codes for handicapped access, and the Americans with Disabilities Act. II.A(3) Provide adequate lighting, at least 4 foot-candles,at the building entries and all walkways and paths through parking lots. c� Q Figure 14. Provide a safe, accessible pedestrian route from the street to the building entry(front parking in GC zone only). Kent Downtown Design Guidelines—Central Avenue District 9735GDL4.DOC-2/77199-Draft for Review page 21 B. ON-SITE PEDESTRIAN CIRCULATION II.B(1) Provide pedestrian paths or walkways connecting all businesses and the entries of multiple buildings on the same development site. See also II.A above. Special paving at the corner enhances pedestrian access to the '( site. Transit stop Walkway connects the public sidewalk with the + i building entrance. Walkway along the front ® v v of the building connects individual stores. I W' ! � I .� � i w Q iN ; i z Walkways connect the building entrance to 6li11�lOB�S adjacent sites. ]a Figure 15. In this large-scale commercial site, wide, landscaped walkways provide pedestrian connections. (Front parking lot as shown permitted in GC zone only). `r.J Kent Downtown Design Guidelines—Central Avenue District 97MDL4.o0c-2J,2s9- Draft for Review Page 22 C. Pedestrian Access in Parking Lots INTENT: ■ To provide safe and convenient pedestrian paths from the street sidewalk through parking lots to building entries in order to encourage walking between businesses and contribute toward reducing local traffic impacts. GUIDELINE: II.C(1) Provide pathways through parking lots. The following distances should be considered somewhat flexible to account for the length of the parking lot and driveway locations. A specially marked or paved crosswalk must be provided through parking lots greater than 150 feet long(measured parallel to the storefront) or more than 2 bays deep(approximately 75 feet measured perpendicular to the storefront). Generally, walkways should be provided every four rows and a maximum distance of 150 feet shall be maintained between paths. II.C(2) Develop an on-site pedestrian circulation concept. The project applicant should be able to demonstrate how the overall circulation concept provides for pedestrian circulation. Walkways should be integrated with the required parking lot landscaping. (See Sections V.A and V.C.) R.« Sid. e ;M 10 1111I — -L&A- -- y Front r II I� Preferred To Be Avoided ram,, Figure 16. The figure on the left illustrates good parking lot circulation. Kent Downtown Design Guidelines—Central Avenue District 9735GOu.00c-2/12M- Draft for Review Page 23 D. Pedestrian Amenities INTENT: ■ To provide safe, comfortable pedestrian circulation throughout the downtown area. GUIDELINES: II.D(1) Provide pedestrian weather protection. a. All buildings located along designated pedestrian-oriented streets are encouraged to provide pedestrian weather protection at least 3 feet wide along at least 80%of the building's front face as a means to partially satisfy some of the requirements in Sections II.D, IV.A, IV.B, IV.C, and IV.D. The weather protection may be in the form of awnings, marquees, canopies or building overhangs. b. Canopies or awnings should not extend higher than 15 feet' above ground level nor lower than 8 feet at the lowest point. c. The color, material and configuration of the pedestrian coverings shall be as approved by the City. Coverings with visible corrugated metal or corrugated fiberglass are not permitted unless approved by the City. Fabric, plastic and rigid metal awnings are acceptable if they meet the applicable standards. All lettering and graphics on pedestrian coverings must conform to KZC Section 15.06—Sign Regulations. II.D(2) Provide pedestrian friendly retail oriented building facades. The ground story facades facing designated Class A and B pedestrian-oriented streets and public parks shall feature " " retail-oriented streetfront facades which consist of one or more of the following characteristics listed in a-d below: a. Transparent window area or window displays along at least 50% of the length of the ground floor facade. b. Sculptural, mosaic or bas-relief artwork over 50% of the length of the ground floor facade. c. "Pedestrian-oriented space,"as defined in Section II.F(1), located adjacent to the sidewalk. At least 500 SF of retail-oriented pedestrian-oriented space must be provided for every 100 linear feet of facade as measured along the property lines adjacent to the street ROW. d. Other special landscaping or building design feature approved by the City. II.D(3) Pedestrian amenities For all proposals on all Class A pedestrian-oriented streets, provide at least three-of the following pedestrian amenities near the sidewalk. Provide at least one amenity on all Class B street fronts. 9 Pedestrian furniture such as seating space lighting, drinking fountain. `r • Pedestrian weather protection as defined in Section II.D(1). Kent Downtown Design Guidelines—Central Avenue District _ e?3ec0u.rd4Q7M-Draft for Review Page 24 • c. Pedestrian oriented open space. ( See definitions) d. Substantial perimeter landscaping(lawn if configured in a "front yard" setting between building front and the sidewalk.) e. Artwork. f. Space for transit stop with seating. g. Window displays over the majority of the front facade. h. Decorative screen wall,trellis or other building or site feature. i. Pedestrian lighting. j. Other site configurations and elements that encourage pedestrian activities as approved by the City. Figure 17. Pedestrian covering along street fronts. ••rrin. } ,r S a 10, w I IN Figure 18. Pedestrian-oriented facades are critical in retail areas. R N 1 2 Q ® ® I!1 o I I Preferred To Be Avoided Preferred Kent Downtown Design Guidelines—Central Avenue District 9735GDL4.00c-2/,z/99-Draft for Review Page 25 E. Pedestrian Areas at Building Entries INTENT: ■ To use the architectural elements of a building and landscaping to highlight and define the entrance and enhance the visual character of the building. ■ To improve pedestrian environment by creating a pleasant, inviting space where building and sidewalk meet. GUIDELINES: II.E(1) Enhance building entry access. Three or more of the following must enhance the primary public entries of all businesses and multifamily residential buildings located on Central Avenue: a. Weather protection such as an awning, canopy, marquee or other building element to create a covered pedestrian open space of at least 100 square feet. b. At least 200 square feet of landscaping at or near the entry. c. Pedestrian facilities, such as benches,kiosks, special paving, bicycle racks, etc. k. A trellis, canopy,porch or other building element together with landscaping. e. Special pedestrian-scaled lighting. (Lights that specifically light pedestrian areas or surfaces and that are lower than 15 feet in height.) f. Adjacent window displays. g. Building ornamentation such as mosaic tile, relief sculpture, ornamental wood or metal trim, etc. h. Artwork or special pedestrian-scaled signs. i. Other methods as approved by the City. Kent Downtown Design Guidelines—Central Avenue District 9735G ...00C.7J12M-Draft for Review Page 26 F. Pedestrian Activity Areas and Plazas INTENT: in To provide a variety of pedestrian-oriented areas to attract shoppers. Gu10EUNES: H.F(1) Provide pedestrian-oriented open space at key locations. On pedestrian oriented streets,where the front building facade is not directly adjacent to the sidewalk,the space between the sidewalk pavement and the building(the front yard) shall be developed as a garden, lawn, landscaped area, and/or pedestrian-oriented space meeting the criteria stated below. To qualify as a"pedestrian oriented space" an area must have: 1. Visual and pedestrian access (including handicapped access) into the site from the public ROW. m. Paved walking surfaces of either concrete or approved unit paving. n. On-site or building mounted site lighting providing at least 4 foot candles (avg.)on the ground. o. Seating; at least 4 linear feet of seating area(bench, ledge, etc.) or one individual seat per 60 SF of plaza area or open space. p. Landscaping that does not act as a visual barrier, set either in the ground or in containers. q. Site furniture, artwork or amenities such as fountains,kiosks, etc. A "pedestrian oriented space" shall not have: r. Asphalt or gravel pavement. s. Adjacent unscreened parking lots. t. Adjacent chain link fences. u. Adjacent on-site "blank walls" without "blank wall treatment." Kent Downtown Design Guidelines—Central Avenue District 9735G0L4.D0C-2I12M-Draft for Review Page 27 i -�:- �.►, r plaacm organize spm and dell"climulation and seating Window boxes add color and Trees define pisza space patterns 'enhance building form CDs ::fir.► 1- '14 ,, �` space. VA Figure 19. Landscape enhancements serve several roles in this plaza, which serves as a good Kent Downtown Design Guidelines—Central Avenue District 9735GDL4,DOC-2112M- Draft for Review Page 28 III. Vehicular Access and Parking A. Access Streets INTENT: ■ To mitigate traffic impacts. ■ To create a safe, convenient network for vehicle circulation and parking. GUIDEUNES: III.A(1) Provide for vehicle access streets through large lots with more than one street frontage. The City may require all development projects on properties of more than three acres which front on two streets to provide"through streets"between the bordering streets. The required through street may be part of the parking lot/site circulation,but parking, other than parallel parking, fronting directly on the street shall be minimized. Street trees and sidewalks or pedestrian paths are required along through streets in accordance with Guideline II.C.(2). Location of ingress to and egress from the through street shall be as approved by the City. The through street shall conform to City Public Works Department standards and requirements and be a minimum of two 12-foot-wide lanes. B. Vehicle Entrances and Driveways INTENT: ■ To improve automobile and pedestrian safety. ■ To decrease traffic congestion and simplify automobile movements. GUIDEUNES: III.13(1) Restrict vehicular access on Class A streets. Vehicular access (driveways) to the site on Class A streets should be permitted only when there is no frontage on a Class B street, undesignated street, or alley from which vehicular access may be provided. Property owners are encouraged to share driveways as a means of reducing cost and congestion. (See Section I.B.) Kent Downtown Design Guidelines—Central Avenue District 9735GD1 1.000-2J12 9-Draft for Review Page 29 C. Parking Lot Location and Design INTENT: ■ To ensure that parking lots are attractive, safe, and convenient. GUIDELINES: III.C(1) See KCZ Section 15.05 for parking lot design standards. See Section I.B of this document for parking lot location and Sections II.0 and II.D of this document for parking lot access improvements. III.C(2) Pavement markings and entrance signs Place all markings and signs for individual stalls on the pavement. No free-standing or wall-mounted signs for individual stalls are permitted to extend higher than 2 feet above grade. No more than one entrance sign per parking area entrance is permitted. The sign shall conform to KZC Section 15.06, shall be less than 13 feet in height above grade, and shall have a surface area of no more than 10 square feet per side. The sign may be 2 sided. The sign shall not be internally lit, but may incorporate neon lights. M.C(3) Screen all moveable parking lot equipment, such as barrels,saw horses,etc.,from the public right-of-way. HI.C(4) See Section V.A of this document and Kent Zoning Code Section 15.07 for landscaping standards. ' 1 S 7 s Figure 20. Attractive parking lot landscaping. Kent Downtown Design Guidelines—Central Avenue District 9735GDL4.00c-2/12M-Draft for Review Page 30 Y. Building Design A. Building Concept INTENT: ■ To encourage building design that is appropriate to the site, and becomes a positive element in the architectural character of Central Avenue. ■ To encourage consideration of overall building design without prescribing a specific architectural style or organization. (Note: Other building design guidelines in this manual address specific building elements or specific aspects of building form.) GUIDELINES: IV.A(1) Organize architectural elements into a unified whole to fit with local context and objectives. While Central Avenue is currently dominated by auto-oriented commercial uses, its proximity to downtown,the market, and the proposed regional transit station means that the Central Avenue area will experience more pedestrian activity in the future. Also, ' Central Avenue is important as a gateway to downtown Kent. Therefore,the pedestrian orientation and attractiveness of buildings on Central Avenue, especially between Smith and Gowe Street, are important. To this end, the building concepts of this area should employ pedestrian orientation. (See N.B. below.) The project proponent must graphically describe the proposed building's design concept: How are the various building elements, such as walls, roofline, entries, modulation, materials, decorations, signage, etc., organized into a functional and attractive composition. Furthermore, the project proponent must describe how the concept relates to site conditions, such as visibility, access, pedestrian circulation, and neighboring development. "Design concept" is used to mean the ideas or relationships that determine the building's overall character and function. Some examples of design concepts are illustrated below. The proponent may suggest other design concepts. a. Axial Symmetry. A formal design organization common in classical revival and colonial-styled buildings. b. Horizontal Banding. This device is common in Frank Lloyd Wright's Prairie-style houses. It is sometimes less appropriate in multifamily residences since it diminishes the individuality of separate units and makes the building appear longer. c. Organization Around an Exterior Space. Orientation of the building around a '�✓ courtyard, garden, or other outdoor space is an effective way to integrate site planning and architectural design. Titus, Webster and Meeker Court buildings in Kent Kent Downtown Design Guidelines—Central Avenue District 9735GOu.00c-2112re9- Draft for Review Page 31 illustrate this technique. d. Symmetric Balance. This concept builds a planning composition from numerous similar or complementary forms. The composition should reflect local context, site conditions, or building function. e. Consistency of Detailing. Incorporating harmonious and proportional ornamentation, fascia, columns, or other distinctive detailing helps to lend scale and character. Kent Downtown Design Guidelines-Central Avenue District 9735GDL4.DOC.2/12J99- Ur—aft for Review Page 32 B. Human Scale and Pedestrian Orientation INTENT: ■ To encourage buildings that are"comfortable" by relating building elements to human scale. GUIDELINES: IV.11(1) Incorporate human-scale building elements. All new buildings and major exterior remodels must employ at least two of the following elements or techniques toward achieving a "human scale" (see definition). If a proposed building is 3 stories in height,or more than 100 feet wide as measured along any facade facing a street and visible from that street,then building shall use at least three of the listed elements. a. Balconies or decks in upper stories, at least one balcony or deck per upper floor on the facades facing streets -balconies are encouraged to be at least 6 feet deep and 10 feet wide. b. Bay windows that extend out from the building face (See definition of Bay Window in Definitions). c. At least 150 SF of pedestrian-oriented space d. Individual windows, generally less than 32 square feet per pane and separated from other windows by at least a 6-inch molding. e. Gable or hipped roof,providing that the hipped or gable roof covers at least one half of the building's footprint and has a slope greater or equal to 3 feet vertical in 12 feet horizontal. f. A porch or covered entry g. Spatially defining building elements that define an occupiable space such as a trellis, overhang, canopy or other. h. Upper story setbacks,providing one or more of the upper stories are set back from the face of the building at least 6 feet. i. Composing smaller building elements near the entry or pedestrian-oriented street fronts of large buildings as in the example in Figure IV.A(1)a. j. Other design methods proposed by project applicant. The City may consider other methods to provide human scaled elements not specifically listed here. The proposed methods must satisfy the intent of the design principles. The City's decision as to whether the proposal is approved will be final. All proposals for achieving human scale are subject to approval by the City. Kent Downtown Design Guidelines—Central Avenue District 9735GOL4.00c.2/17M-Draft for Review Page 33 Building mounted Entries with direct window boxes or Gabled roof forms facade lights pedestrian access from pmrisions for plantings encouraged sidewalk mandatory. — encouraged Inset entry courtyards Deck terraces i i and other forms of encouraged ____ _ ___ _ building articulation are encouragedtH Figure 21. Examples of building elements that help to add human scale. `r✓ QJIL"I LIA Ell LIE3 Figure 22. This is a mixed-use building with pedestrian-oriented retail on the first floor and apartment units on the second floor. A tower element anchors the comer of Gowe Street and Central Avenue. Note how the tower element reduces the apparent horizontal length of the building fagade and the pattern of windows and columns adds a rhythm and refinement to the fagade. Kent Downtown Design Guidelines—Central Avenue District 9735GOL4.00c•2112ro9-Draft for Review Page 34 C. Architectural Scale INTENT: ■ To encourage new development to be compatible with downtown Kent's architectural size and character. GUIDELINES: IV.C(1) Reduce scale of large buildings. To achieve an architectural scale consistent with other structures in downtown Kent all new buildings over three stories, or over 10,000 SF in gross building footprint,must provide at least two or more of the following features along their facades visible from public ROW and pedestrian routes and entries. a. Upper story setback. To qualify for this option,upper stories must have a setback from the ground floor of at least 10 feet from the face of the second floor facing the public ROW. b. Horizontal Building Modulation- "Horizontal Building modulation" is the stepping back or projecting forward of portions of a building facade within the specified intervals of a building width and depth as a means of lessening the apparent bulk of a structure's continuous exterior wall. Buildings may satisfy the regulation for architectural scale if all building facades within 400 feet of a public right of way or park, and/or visible from that right of way or park, conform to the following standards: • The maximum width(as measured horizontally along the buildings exterior) without building modulation shall be 100 feet. • The minimum depth of modulation shall be 6 feet • Roof decks or balconies may be used as all or part of the building modulation if each individual balcony has a floor area of 100 square feet. c. Modulated roof line -Buildings may satisfy the regulation by modulating the roof line of all facades visible from a public ROW or park according to the following standards: • For flat roofs or facades with a horizontal eave, fascia or parapet, change the roofline so that no unmodulated segment of roof exceeds 100 feet,measured horizontally. • Gable, hipped or shed roofs with a slope of at least 3 feet vertical to 12 feet horizontal qualify for this option. • Other roof forms such as arched, vaulted, dormer or saw-toothed may satisfy this regulation if the individual segments of the roof without a change in slope or discontinuity are less than 100 feet in width. d. Building "articulation"with design elements such as the following, so long as the interval does not exceed 100 feet. Kent Downtown Design Guidelines—Central Avenue District 9735coL4.00a2/12M- Draft for Review Page 35 • Repeating distinctive window patterns at intervals equal to the articulation interval. • Providing a porch,patio, deck, or covered entry for each interval. • Providing a balcony or bay window for each interval. • Changing the roofline by alternating dormers, stepped roofs, gables, or other roof elements to reinforce the modulation or articulation interval. • Changing materials or colors with a change in building plane. • Providing a lighting fixture, trellis,tree or other landscape feature within each interval. e. Clustering smaller uses and activities around entrances on street-facing facades. f. Massing of substantial landscaping and/or pedestrian-oriented open spaces along the building facade. g. Other design methods or modulation schemes proposed by project applicant. The City may consider other methods to provide architectural scaled elements not specifically listed in a-f above. The proposed methods must satisfy the intent of the design principles listed in the Downtown Action Plan. Scale reduction can be accomplished by a combination of methods. Buildings not facing public rights-of-way and/or pedestrian routes do not require scale reduction. Note that the City may increase the 100-foot interval for modulation and articulation to better match surrounding structures. All proposals for achieving architectural scale are subject to approval by the City. fr Q I I _ r I Figure 23. The roofline, windows, and details of this building are coordinated to provide a rhythmic breakup of an otherwise horizontal building. Note how the awnings and lights provide human scale while their repetition relates to the building massing. Kent Downtown Design Guidelines—Central Avenue District 9735GDL4.DOC-2/17M- Draft for Review Page 36 D. Building Details and Elements INTENT: ■ To increase the attractiveness of buildings close by. When buildings are seen from a distance,the most noticeable qualities are the overall form and color. If we take a three-story commercial building that is 100 feet wide and 35 feet tall then we must be at least 200 feet away from the building for it to fit within our cone of vision so that we can perceive its overall shape. At that distance, windows, doors and other major features are clearly visible. However, as we approach the building to within 60 to 80 feet from the building(approximately the distance of a pedestrian or driver to a Central Avenue business) we notice not so much the building's overall form as its individual elements. When we are even closer,the most important aspects of a building are its design details,texture of materials, quality of its finishes and small, decorative elements. In a pedestrian-oriented business area, it is essential that buildings and their contents be attractive up close. Therefore, these guidelines include principles and regulations that require all buildings to incorporate design details and small-scale elements into their facades. GUIDELINES: IV.D(1) Enhance buildings with appropriate details. All new buildings shall include at least three of the following elements on the facades that face a public street or park. (Note: The term"decorative"does not necessarily mean that the element must be ornate or feature applied decoration. A"decorative"element may be quite simple if it is suitably scaled and related to the building's concept.) a. Articulated or Decorated Rooflines: such as an ornamental molding, entablature, frieze or other roofline device visible from the ground level. If the roofline decoration is in the form of a linear molding or board, then the band must be at least 8" wide. (See Section IV.A.) b. Decorative Treatment of Windows and Doors: such as a decorative molding(e.g., a typical wooden style molding found on pre-WW II buildings) or framing details around all ground floor windows and doors located on facades facing or adjacent to public streets or parks or decorative glazing or door designs. c. Decorative Railings, Grillwork or Landscape Guards. d. Landscape trellises. e. Decorative Light Fixtures with a diffuse visible light source such as a globe or "acorn" that is not glaring or a decorative shade or mounting. f. Decorative Building Materials, including the following: • Decorative masonry, shingle brick or stone; • Individualized patterns or continuous wood details such as fancy butt singles in Kent Downtown Design Guidelines—Central Avenue District 9735WL4.00c-2/12M- Draft for Review Page 37 a geometric pattern, decorative moldings, brackets, wave trim or lattice work, ceramic tile, stone, glass block, carrera glass, or similar materials. • Other materials with decorative or textural qualities as approved by the City. The applicant must submit architectural drawings and material samples for approval. g. Decorative Paving or Artwork;. The artwork may be freestanding or attached to the building, and may be in the form of mosaic mural, bas-relief sculpture, light sculpture, water sculpture,fountain, free standing sculpture, art in pavement or other similar art work. Painted advertising sign murals or graphics on signs or awnings do not qualify as a method to satisfy IV.D(1)requirements. All artwork used to satisfy this condition is subject to approval by the City. h. Other similar features or treatment approved by the City. All proposed methods for satisfying this guideline are subject to City approval IV.D(2) Design Elements for Espresso Stands and Street Vendors The design of the stand or cart and the materials used are subject to review and approval by the Planning Department. The stand or cart must be constructed of good quality, permanent materials. Tarps, bare plywood, cardboard,plastic sheeting, corrugated fiberglass or other similar materials are not permitted. The design, materials, and colors must be compatible with the proposed location. Awning quality must be the same as required for permanent buildings in section H. D.l.0 of the design guidelines. The stand or cart must be adequate in size for storage, trash containers, and other facilities. No outside storage is permitted. Wiring and plumbing must be hidden from view. One sign, maximum area, four square feet, two sided, is permitted. Menus and price lists not over two square feet in area are not signs for the purpose of this guideline Kent Downtown Design Guidelines—Central Avenue District 97MOL4.00c-2112m-Draft for Review Page 38 ., E. Materials and Colors INTENT: ■ To encourage the use of high-quality compatible materials that upgrade the visual qualities of downtown Kent. GUIDELINES: IV.E(1) Retain existing facades. Use of metal siding, metal screening, plastic, plywood, sheet wood products or fiberglass to cover over existing facades is discouraged. Wood should not be used to cover over . existing brick or cast stone masonry. IV.E(2) Use compatible building materials. a. Detail requirements for metal siding If metal siding is used as a siding material over more than 25%of a building's facade, the metal siding must have a matted finish in a neutral, muted or earth tone such as buff, gray, beige, tan, cream, white or a dulled color. b b b elm If metal siding is used over 25% of the building facade, then the building design must include the following elements: • Visible window and door trim painted or finished in a complimentary color. • Corner and edge trim that cover exposed edges of the sheet metal panels. Exception: Where the City determines that specially treated metal siding is used as an accent material to achieve special architectural character, the City may approve metal siding as a material even though it does not meet the above specifications. b. Requirements for concrete block walls. If concrete blocks (concrete masonry units or "cinder blocks") are used for walls that are visible from a public street or park, then the concrete block construction must be architecturally treated in one or more of following ways: • Use of textured blocks with surfaces such as split face or grooved. • Use of colored mortar with colored blocks. • Use of other masonry types such as brick, glass block or tile in conjunction with concrete blocks. c. Prohibited materials. The following materials are prohibited in visible locations unless an exception is granted by the City. • Mirrored glass. • Corrugated fiberglass. • Chain link fencing (except for temporary purposes such as a construction site), barbed wire or razor wire. Kent Downtown Design Guidelines—Central Avenue District 9735GOL4.itr-4/27M-Draft for Review Page 39 f F. Blank Walls INTENT: ■ To reduce the visual impact of large,plain walls. ■ To reduce the apparent size of large walls through the use of various architectural and landscaping treatments. GUIDELINES: IVX(1) Treat all blank walls (as defined in Definitions)within 50 feet of the street ROW, park or adjacent lot and visible from that street,park or adjacent lot in one or more of the following ways: a. Installing a vertical trellis in front of the wall with climbing vines or plant materials. b. Providing a landscaped planting bed at least 5 feet wide or raised planter bed at least 2 feet high and 3 feet wide in front of the wall or berm, and planting with plant materials that obscure or screen at least 50%of the wall's surface within 3 years. e. Providing artwork(mosaic, mural, sculpture, relief, etc.) over at least 50%of the blank wall surface. c. Other methods as approved by the City. All of the proposed methods are subject to City approval. The applicant must submit architectural plans and elevations showing proposed treatments for approval. The City may waive blank wall treatment where the requirements conflict with the fire code regulations. 4� y know ,. Figure 24. Blank walls can be softened and given relief, interest, and human scale in several ways Kent Downtown Design Guidelines—Central Avenue District 9735cnL4.00c-2112M- Draft for Review Page 40 • G. Mechanical Equipment and Service Areas INTENT: ■ To prevent unsightly intrusions in highly visible corridors GUIDELINES: IV.G(1) Locate and/or screen roof-mounted mechanical equipment so that it blends with the architecture of the building and is not visible from the street or adjacent properties. IV.G(2) Whenever feasible, locate and/or screen utility meters, electrical conduit,and other public and private utilities apparatus so as not to be visible from the street. Figure 25. Mechanical equipment and service areas should be screened from view. Kent Downtown Design Guidelines—Central Avenue District 9735coLe.00c-2117M- Draft for Review Page 41 V. Landscape and Site Design A. Landscape Concept INTENT: ■ To encourage landscape design that will enhance the pedestrian environment and compliment building and site design. ■ To define plant species that are of low maintenance,resistant to drought and otherwise appropriate for conditions within the business district. GUIDELINES V.A(1) Develop a site landscape design concept that enhances pedestrian routes,building qualities, and site functions. The project plan must include a landscape design concept that enhances pedestrian routes, building qualities, and site functions. The landscaping concept should be suitable and fitting with the bustling,active character of the Central Avenue corridor and integrate with and enhance the surrounding neighborhood landscape character. At a minimum, the landscape concept must include the following elements: a. A unified pedestrian circulation system with amenities and plantings. b. A coordinated system of open spaces and/or planted areas that provide the required pedestrian areas. The plan shall indicate how the various spaces and plantings relate to achieve the project's site design objectives of continuity, variety, activity, etc. c. Plantings and/or site features that enhance the buildings' architectural qualities. Plantings should be in scale with the building at plant maturity and should enhance the building modulation and entries. In addition, the concept should consider the following landscape design objectives where appropriate: a. Where feasible, coordinate selection of plant material to provide a succession of blooms, seasonal color and a variety of textures. b. Provide a transition in landscaping design between adjacent sites, within a site and from native vegetation areas in order to achieve greater continuity. c. Design landscaping to create definition between public and private(residential) spaces. d. Design landscaping to provide a transition between built structures (vertical planes) and the site (horizontal planes). e. Use plantings to highlight significant site features and to define the function of the site, including parking, circulation, entries and open space. Kent Downtown Design Guidelines—Central Avenue District 9735co«ooc-ti+zre9- Draft for Review Page 42 r Figure 26. Examples of different landscape concepts. I I Iwl 144- i Axial symmetry along a path Informal landscape island to to enhance a building entry soften open space �..✓' ''` Arched walkway below _ I 1 Bosc of trees to separate Formal landscape elements parking or service yard from to define pedestrian routes building and reinforce building geometry Kent Downtown Design Guidelines—Central Avenue District 9735GOL4.00c-2/121"- Draft for Review Page 43 B. Preferred Plant Materials INTENT: ■ To encourage the use of hardy, attractive, easily maintained plant material. ■ To provide visual continuity by using plant materials from a specified plant list of a limited number of varieties and species. ■ To encourage the use of trees and shrubs as an important unifying element within the business district to strengthen the image and continuity of the streetscape. For this reason,the plant material selection list has been purposely restricted to a few species. GUIDELINES: V.B(1) Coordinate street trees and plantings along the Central Avenue frontage to unify the roadway image. V.B(2) Select plant materials from the City's list of trees and shrubs to satisfy landscape requirements and provide visual continuity along the roadway. The following is a list of plant materials that are approved for use in the Central Avenue Corridor District. Proponents may use other plant materials approved by the City. Hardy perennial and annual flowers are encouraged to add color to the landscape. [Note: See N,,,,,, City of Kent Street Tree Program, 1994] STREET TREES Small trees for planting under power lines Newport flowering plum Prunus cerasifera "Newport" Chanticlear Flowering Pear Pyrus calleryana "Chanticlear" Large trees for infill or replacement of existing trees Sweet Gum is the predominant street tree within the downtown study area. Sweet Gum trees are too large to plant under utility lines and have aggressive root systems,as evidenced within the downtown area. Sweet Gum trees can, however,make good street trees if given adequate room to grow. In areas where existing Sweet Gum trees line a street and overhead utility or pavement damage is not a concern,then Sweet Gum trees should be considered. STREET FRONTAGE Evergreen shrubs(24 feet in height) Darwin Barberry Berberis darwinii Winged Eunonymus Eunonymus alata "compacta" Oregon Grape Mahonia aquafolium "compacts Otto Luyken Laurel Prunus i. Otto Luykens Japanese Holly"Convexa" Illex crenata "Convexa" Larusfmus"Spring Bouquet" Viburnum tinus "Spring Bouquet" Evergreen Enonymus"Sarcoxie" Enonymus fortunei radicans "Sarcoxie" Kent Downtown Design Guidelines-Central Avenue District 9735GOL4.DOC4112/99-Draft for Review page 44 M C. Parking Lot Landscaping INTENT: ■ To develop a positive image for the district ■ To reduce the summertime heat and glare build-up within and adjacent to parking lots. ■ To improve the views of parking areas for shoppers and area residents. ■ To provide landscaped areas within parking areas in addition to landscape buffers around the perimeters of parking lots. GUIDELINES: V.C(1) Within the design review process,the applicant may submit an alternative landscaping plan to meet the surface parking area landscaping requirements of the Kent Zoning Code(Sections 15.05.0" and 15.07 (See KZC Section 15.07.070 R). The alternative landscaping proposal must provide a better solution for one or more of the following items: a. Integrates interior surface parking and landscaping with required biofiltration swales or surface water detention ponds. b. Incorporates or protects natural features including wetlands, significant trees and vegetation, and slopes. c. Preserves distant views. d. Provides a significant pedestrian oriented-space such as a"pocket park" or amphitheater in excess of what is required under the KZC. e. Creates an extension or connection to a local park or a regional bicycle/pedestrian trail system. f. Provides for outstanding public art within pedestrian view. g. Provides outstanding enhancement and support for the City-designated gateway intersections h. Addresses the context of the site more effectively than could be done within the zoning code standards, and results in a superior plan. Kent Downtown Design Guidelines—Central Avenue District 9735GoL4.DOc-211V"- Draft for Review Page 46 k Definitions Architectural Elements- As used in these guidelines,the term architectural elements refers to the elements that make up an architectural composition or the building form, and can include such features as the roof form, entries, an arcade,porch, columns, windows, doors and other openings. `Architectural elements' is used interchangeably with architectural features in these guidelines. Architectural Character-The architectural character of a building is that quality or qualities that make it distinctive and that are typically associated with its form and the arrangement of its architectural elements. For example a prominent design feature may convey the architectural character of a structure. Examples are a distinctive roofline, a turret or portico, an arcade, an elaborate entry, or an unusual pattern of windows and doors. Architectural Scale - The perceived height and bulk of a building relative to other forms in its context. Modulating facades and other treatments may reduce a building's apparent height and bulk. Balcony-A balcony is an outdoor space built as an above ground platform projecting from the wall of a building and enclosed by a parapet or railing. Bay Window-A bay window protrudes from the main exterior wall. Typically,the bay contains a surface that lies parallel to the exterior wall, and two surfaces that extend perpendicular or diagonally from the exterior wall. Blank Walls- Walls subject to "blank wall" requirements are any ground-level wall over six feet(6') in height measured from finished grade at the base of the wall, and longer than 50' measured horizontally, that does not have any significant building feature, such as a window, door, modulation or articulation, or other special wall treatment within that 50' section. Courtyard-A courtyard is an open space, usually landscaped, that is enclosed on at least three sides by a structure or structures. Curb Cut- A curb cut is a depression in the curb for a driveway to provide vehicular access between private property and the street. Deck-A deck is a roofless outdoor above-ground platform projecting from the wall of a building and supported by piers or columns. Design Details -Architectural or building design details refer to the minor building elements that contribute to the character or architectural style of the structure. Design details may include moldings, mullions, rooftop features, the style of the windows and doors, and other decorative features. Facade - A facade is any portion of an exterior elevation of a building extending from the ground level to the top of the parapet wall or eaves, for the entire width of the building elevation. A front facade is typically the facade facing the major public street(s). An entry facade is typically the facade with the primary public entry. Kent Downtown Design Guidelines—Central Avenue District 9715cDL4.aoc•2112M- Draft for Review Page 47 h rl Foot-candle - A foot-candle is a unit used for measuring the amount of illumination on a surface. The amount of usable light from any given source is partially determined by the source's angle of incidence and the distance to the illuminated surface. Frontage - As used in these guidelines, frontage refers to length of a property line along a public street or right-of-way. Front Yard-As used in these guidelines, the front yard is the area between the street(s)and the nearest building facade. Human Scale -The size of a building element or space relative to the dimensions and proportions of the human body. Lumen -A lumen is a unit used for measuring the amount of light energy given off by a light source. Modulation - Modulation is a stepping back or projecting forward of portions of a building facade within specified intervals of building width and depth as a means of breaking up the apparent bulk of a structure's continuous exterior walls. As used in these guidelines, the modulated portions must be at least 4 feet deep in order to qualify as modulation. Pedestrian-Oriented Facades-"Pedestrian-oriented" facades are those that feature one or more of the following characteristics: 1. Transparent window area or window displays along at least half the length of the ground floor " facade. 2. Sculptural, mosaic or bas-relief artwork along at least half the length of the ground floor facade. 3. "Pedestrian-Oriented Space" -As defined below. 4. Other measures that meet the intent of the criteria, as approved in conjunction with overall design review approval. Pedestrian-Oriented Space -A pedestrian-oriented space is an area between a building and a public street that promotes visual and pedestrian access onto the site and that provides pedestrian-oriented amenities and landscaping to enhance the public's use of the space. Generally, effective "pedestrian- oriented spaces" have: • Visual and pedestrian access into the site from the public right-of-way, • Paved walking surfaces of either concrete or approved unit paving, • On-site or building-mounted lighting providing at least 2 foot candles (avg.) on the ground. • Seating; at least 2' of seating area(bench, ledge, etc.) or one individual seat per 60 SF of plaza area or open space. • Landscaping that does not act as a visual barrier to views from the street or adjacent buildings. • Site furniture, artwork or amenities such as fountains, kiosks, etc. • Pedestrian weather protection or other enclosure, such as an arcade or gazebo. Generally, "pedestrian-oriented spaces" shall not have: Kent Downtown Design Guidelines-Central Avenue District 9735cot4.00c-2112M- Draft for Review Page 48 . t „ • Asphalt or gravel pavement. • Adjacent unscreened parking lots. • Adjacent chain-link fences. • Adjacent "blank walls" without "blank wall treatment." Pedestrian-Oriented Streets—As defined in Figure 2. Service Areas- Service areas refer to areas, enclosed or open,that contain equipment and uses such as ground level mechanical equipment,utility vaults, loading zones, outdoor storage areas, and trash and recycling areas. Site Planning- Site planning is the arrangement of buildings,driveways, sidewalks, landscaping, parking,public open spaces, and other facilities on a specific site. Good site planning will result in a cohesive site design concept and take into consideration natural features,topography, drainage requirements, access points,the design of neighboring sites, and other features in the immediate vicinity of the site. Streetscape -The streetscape is the visual character and quality of a street as determined by various elements located between the edge of the street and the building face, such as trees and other landscaping, street furniture, artwork,transit stops,utility fixtures and equipment, and paving. Where there are frequent and wide spaces between buildings,the streetscape will be defined by the pattern of building and open space and the character of that open space. Kent Downtown Design Guidelines—Central Avenue District 9735GDL4.00c-2/12M- Draft for Review Page 49 Kent City Council Meeting Date May 4 , 1999 Category Consent Calendar 1 . SUBJECT: SHORELINE MASTER PROGRAM CPA-98-4/SMP-98 - ORDINANCE 2 . SUMMARY STAT _EMENT: Adoption of. Ordinance No. ,JVS relating to the Shoreline Master Program. The Shoreline Master Program was adopted by the City Council on February 2, 1999, after review by the Public Works and Planning Committee on February 1 , 1999 . The Land Use and Planning Board held a hearing on this item on December 14 , 1998 . The revised Kent Shoreline Master Program was sent to Washington State Department of Ecology on February 12, 1999 for their 30-day review. DOE formally approved the SMP on April 20 , 1999 . 3 , EXHIBITS• Ordinance; Shoreline Master Program document; and DOE letter dated 4/20/99 4 . RECOMMENDED BY: City Council & Public Works/Planning Committee (Committee, Staff, Examiner, Commission, etc . ) 5 . UNBUDf3ETED FISCAL/PERSONNEL IMPACT: NO X YES 6 . EXPENDITURE $ SOURCE OF FUNDS : 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 6L 4 O 7 STATE Of WASHINGTON �-� DEPARTMENT OF ECOLOGY P.O. Sox 47600 • Olympia, Washington 98504-7600 (360) 407-6000 • TDD Only (Hearing Impaired) (360) 407-6006 April 20, 1999 CERTIFIED MAIL Kevin O'Neill City of Kent Planning 220 4 h Avenue South Kent, WA 98032-5895 Dear Mr. O'Neill: Re: Shoreline Master Program Amendment Comprehensive Rewrite It is my pleasure to inform you that the Department of Ecology has approved the City of Kent's proposed Shoreline Master Program amp as subrmttod. The amendment has been determined to be consistent with chapter 90.58 RCW and it's implementing regulations. The amendment is effective as of the daze of this letter. Enclosed is a copy of the Findings and Conclusions. As a reminder, please be advised that you are required to give public notice as stated in WAC 173-26- 120. Public notice will initiate the appeal period,which lasts sixty days. Three copies of the final document are also required to be forwarded to Ecology. Should you have any questions, please contact Bob Fritzen at(425)649-7274. Thank you. Sincerely V r4'ftIVED AFr23i ' J D om Fitzsimmons p4kly or-8r�"T':''" irector :p Enclosure cc: Task Forcellnterested Parties SHORELINE MASTER PROGRAM AiVIENDMENT CITY OF KENT—COMPREHENSIVE REWRITE FINDINGS AND CONCLUSIONS By Robert J. Fritzen—April 13, 1999 AMENDMENT PROPOSAL: The submittal is a comprehensive review of the City of Kent's (City) Shoreline Master Program (SMP). PURPOSE OF AMENDMENT: The purpose of the amendment is to update the SMP. Updates include legislative and Department of Ecology (department) mandates, and inclusion of'annexed county shorelines of the state into the City's SMP. PUBLIC CONIl4ENT: The department held no public hearing. No comment letters were received during the department's written comment period. Public comment during the local adoption process pertained to nonconforming docks and covered moorage on Lake Meridian. FINDINGS: In addition to the required legislative and department updates, the major amendments to the SMP are as follows: In order to seek consistency with the their Comprehensive Plan,better represent existing development, and plan for future development, the City chose to eliminate the Rural, Urban,and Conservancy designations along the Green River. The three designations were replaced by a single "Urban—River Resource" designation. Most undeveloped land previously protected by the more restrictive Conservancy designation is now protected as part of the City's Park system.' In addition, all development is required to have a minimum 100-foot setback from the ordinary high water mark(OHWM) of the Green River,which is heavily diked. The City has annexed Lake Meridian and small stretch of Big Soos Creek from King County. Lake Meridian was designated Urban and is now designated"Urban—Lake Residential". The lake is almost completely residentially developed. King County's SMP does not appear to have designated the portion of Big Soos Creek in question. It is assumed that rainfall data acquired since the County's designation of the area has brought this section of the stream into shoreline jurisdiction.The City has designated the stretch as "Urban—Stream Corridor". A minimum100 foot setback is required for all development along the stream. Language has been added to protect and enhance salmonid habitat. In addition,much greater detail has been added as to performance standards for shoreline stabilization. In Findings and Conclusions April 13, 1999 Page 2 general, shoreline stabilization is to be for the public benefit and protective of the environment. The City has reduced shoreline jurisdiction from the entire floodplain to the area 200 feet landward of the OHWM or FEMA floodway, which ever is greater. The City incorporated several comments by the department prior to local adoption of the SMP. Consequently, there are no recommended changes to the submittal now. The City's Shoreline master is consistent with chapter 90.58 RCW and its implementing regulations. CONCLUSION: It is recommended that the City of Kent's Shoreline Master Program amendment be approved as submitted. ORDINANCE NO. AN ORDINANCE of the City Council of the City of Kent, Washington, repealing Chapter 11.04 of the Kent City Code and enacting a new Chapter 11.04 to adopt by reference the new Shoreline Master Program as approved and enacted by the Department of Ecology; and further amending the City of Kent's comprehensive plan to include the goals and policies of the Shoreline Master Program as an element of the comprehensive plan. WHEREAS, the Washington state legislature has mandated that the City of Kent develop a Shoreline Master Program pursuant to the Shoreline Management Act, Ch. 90.58 RCW; and WHEREAS, the Shoreline Management Act authorizes the Department of Ecology to adopt, approve, amend, and adjust the City's Shoreline Master Program; and WHEREAS,RCW 36.70A.480 states that the goals and policies of a local Shoreline Master Program shall be considered an element of a local government's comprehensive plan and that all other portions of the Shoreline Master Program, including use regulations, shall be considered part of a local government's development regulations; and WHEREAS, the City of Kent amended its Shoreline Master Program in conjunction with a grant from the Washington State Department of Ecology and pursuant to a scope of work outlined in a grant agreement between the City and the Department of Ecology; and lsl� 1 Shoreline Master Program WHEREAS, on December 14, 1998, the Land Use and Planning Board held a public hearing to consider amendments to the Shoreline Master Program and comprehensive plan: and WHEREAS, on February ?. 1999. the City Council approved amendments to the City's Shoreline Master Program vihich were submitted to the Department of Ecology for review and approval; and WHEREAS, after providing all required public notice and after conducting all required public hearings, the Department of Ecology has approved the City of Kent's latest revisions to its Shoreline Master Program; and WHEREAS, the City's latest revision became effective under the Department of Ecology's rule making authority pursuant to Ch. 90.58 RCW and WAC 173-26 on April 20, 1999;NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Chapter 11.04 of the Kent City Code entitled "Shoreline Master Program" is hereby repealed in its entirety. SECTION 2. There is hereby established a new Chapter 11.04 of the Kent City Code entitled"Shoreline Master Program"to read as follows: Chapter 11.04 Shoreline Master Program Sec. 11.04.010. Adopted. The City's Shoreline Master Program, including provisions related to permit processing and enforcement, as approved and enacted by the State Department of Ecology pursuant to Chapter 90.58, RCW and Chapter 173-26, WAC, is hereby incorporated by reference,as authorized by RCW 35A.12.140,as if fully set forth herein. A copy of the Shoreline Master Program shall be filed with the City 2 Shoreline Master Program Clerk and be made available for public inspection at the City Clerk's Office and at the r✓ City Planning Department. SECTION 3. Pursuant to RCW 36.70A.480, the City of Kent comprehensive plan is hereby amended to include the goals and policies of the City's Shoreline Master Program as an element of the comprehensive plan. SECTION4. -Severability. 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 5. -Effective Date. This Ordinance shall take effect and be in force thirty(30) days from and after its passage, approval,and publication as provided by law. JIM WHITE, MAYOR ATTEST: BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM: ROGER A. LUBOVICH, CITY ATTORNEY 3 Shoreline Master Program PASSED: day of 1999. APPROVED: day of , 1999. PUBLISHED: day of 11999. 1 hereby certify that this is a true copy of Ordinance No. , passed by the City Council of the City of Kent, Washington, and approved by the Mayor of the City of Kent as hereon indicated. (SEAL) BRENDA JACOBER, CITY CLERK PAGvi1\0rdinanee\shoreline man.doc 4 Shoreline Master Program CITY OF KENT SHORELINE MASTER PROGRAM 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. a i Prepared by: City of Kent Planning Department 220 -4th Avenue South Kent, Washington 98032 Berryman& Henigar 1215 4 h Avenue, Suite 1400 Seattle, Washington 98106 Graphics by: Wichada Trepoonpon May, 1999 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 Program in Habitat Protection ......................................3 1.5 Relationship of this Shoreline Master Program to Other Plans and Regulations ...............5 1.6 Title .....................................................................................................................................5 2.0 DEFINITIONS ............................................................................................................7 3.0 ENVIRONMENTS 3.1 Urban- River Resource ....................................................................................................29 3.2 Urban- Lake Residential ..................................................................................................29 3.3 Urban- Stream Corridor ...................................................................................................30 4.0 SHORELINE ELEMENTS 4.1 Shoreline Use ....................................................................................................................31 4.2 Economic Development ....................................................................................................35 4.3 Public Access.....................................................................................................................36 4.4 Circulation..........................................................................................................................38 4.5 Recreation..........................................................................................................................40 4.6 Conservation .....................................................................................................................43 4.7 Historical/Cultural .............................................................................................................45 4.8 Flood Control.....................................................................................................................47 5.0 GENERAL PERFORMANCE STANDARDS 5.1 Shorelines of Statewide Significance ................................................................................51 5.2 Archaeological and Historic Resources ............................................................................54 5.3 Clearing and Grading ........................................................................................................54 5.4 Environmental Impacts .....................................................................................................55 5.5 Environmentally Sensitive Areas ......................................................................................56 5.6 Wetlands ...........................................................................................................................57 5.7 Salmon and Steelhead Habitat ..........................................................................................58 5.8 Public Access ....................................................................................................................62 5.9 View Protection ................................................................................................................65 5.10 Other Standards .................................................................................................................65 Kent SMP: Table of Contents May, 1999 Kent Shoreline Master Program 6.0 SPECIFIC SHORELINE USE POLICIES AND PERFORMANCE STANDARDS 6.1 Agriculture ........................................................................................................................69 6.2 Aquaculture .......................................................................................................................70 6.3 Boating Facilities (Marinas) .............................................................................................70 6.4 Commercial Development ................................................................................................71 6.5 Dredging ..................................73 ......................................................................................... 6.6 Industrial Facilities ............................................................................................................73 6.7 Landfill ..............................................................................................................................74 6.8 Mining ...............................................................................................................................76 6.9 Overwater Structures: Pier, Docks, Floats, Buoys ............................................................76 6.10 Parking Facilities ..............................................................................................................84 6.11 Recreational Facilities .......................................................................................................86 6.12 Residential Development ..................................................................................................88 6.13 Shoreline Stabilization .............................................•.............•••..••.•.......•.............••.."""'..89 6.14 Signs ..................................................................................................................................94 6.16 Transportation Facilities ...................................................................................................96 6.16 Utilities ....................................98 .......................................................................................... 7.0 ADMINISTRATION 7.1 Purpose ............................................................................ ...............................................101 7.2 Substantial Development ................................................................................................101 7.3 Exemptions .....................................................................................................................101 7.4 Permit Process .................................................................................................................105 7.5 Appeals ............................................................................................................................107 7.6 Variance Permits .............................................................................................................107 7.7 Conditional Use Permits .................................................................................................110 7.8 Nonconforming Development ........................................................................................110 7.9 Amendments to The Master Program .............................................................................110 7.10 Severability .............110 ........................................................................................................ 8.0 ENFORCEMENT 8.1 Violations ........................................................111 ............................................................... 8.2 Duty to Enforce ...............................................................................................................111 8.3 Investigation and Notice of Violation .............................................................................112 8.4 Effective Date .................................................................................................................113 8.5 Time to Comply ..............................................................................................................113 8.6 Cease and Desist Work Order .....113 ............................................................................. 8.7 Emergency Order ............................................................................................................114 8.8 Review of Penalty by The Administrator ' Kent SMP: Table of Contents it May, 1999 Kent Shoreline Master Program 8.9 Extension of Compliance Date .......................................................................................115 8.10 Appeal of Civil Penalty ...................................................................................................115 8.11 Civil Penalty ...................................................................................................................115 8.12 Criminal Penalties ...........................................................................................................116 8.13 Additional Relief.............................................................................................................116 APPENDIX A Kent SMP. Table of Contents May, 1999 Kent Shoreline Master Program Kent SMP: Table of Contents iv May, 1999 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 (SMP). 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. we glih t rn6 COKY*4.) taoodw.�+ wd1*�+ot;h rooy� goo �oodplsin. i ZOOS I � f I I I I I io0 f• 4041 Jdain. I I M%KuM 6FiC7R1icUNS , suR19DIGZlClI. 2co'AVM 0"M or 41Oodway awl I $tU bG/, bf''^'', swt 0AVMPy in i IOO yr flood w. I ModWIMMM �Nids -7UR15vlv'ctUN• wo' 4vw, omm ov of loot'r. P000lipwii. Figure 1.1 Lands and waters under the jurisdiction of the Shoreline Management Act. 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 SMP. Users should also be aware of other applicable federal, state and local laws that may apply to activities within the shoreline. Kent SMP.Section 1.0 -Introduction 1 May, 1999 Kent Shoreline Master Program Regulatory Reform In 1995, the Washington State Legislature sought to simplify and streamline the development process for developers and local government by introducing various measures aimed at regulatory reform. As a part of that effort, the Legislature amended RCW 36.70A.480 to require that the goals and policies of local SMPs be integrated into local GMA comprehensive plans, including Critical Area Ordinances (CAOs). In addition, regulations for these various documents should be reviewed along with goals and policies to ensure that they are consistent with one another. The clarification of these local regulations, coupled with the consolidating of various permit processes into one single review process, is intended to improve the time required for permit processing, the consistency of the review, and all parties' understanding of the regulations and their respective purposes. Kent Shoreline Jurisdiction As defined in the Shoreline Management Act, the Kent SMP governs streams with a mean annual flow of 20 cubic feet per second or more; lakes greater than 20 acres in size; all shorelands; all associated wetlands within the City of Kent and its urban growth area. The area of shoreline jurisdiction extends landward two hundred(200) feet in all directions of the ordinary high water mark or floodway, which ever is greater, of the water body. . fw. w River .�.- Wet'ta►�d - E�; :�:1 Aoodura�t . Figure 1.2 Shoreline jurisdiction includes associated shoreline resources. + 2 Kent SMP:Section 1.0 -introduction May, 1999 Kent Shoreline Master Program In addition, the Shoreline Management Act recognizes certain larger water bodies as having greater significance to the entire state and places a higher standard on their management. Lakes exceeding 1,000 acres in size and rivers (in western Washington) exceeding 1,000 cubic feet per second in mean annual flow are considered "shorelines of statewide significance." Flow data for the Green River show that the Green River in Kent exceeds this threshold, qualifying it 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 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 describes the enforcement process. 1.3 SHORELINE RESOURCES IN KENT The City of Kent has three "shorelines of the state"that are protected under the Shoreline Management Act: the Green River, which is also designated as a"shoreline of statewide significance; Lake Meridian, annexed in 1996; and a small segment of Big Soos Creek downstream from Kent-Kangley Road (State Route 516). These shorelines represent a significant recreational and aesthetic resource for the City, as well as provide a rich natural environment and habitat area. Kent's shoreline jurisdiction is depicted in the maps 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. The Green River is regionally significant due to its function as a spawning stream and habitat for Chinook, coho, and chum salmon, and sea-run cutthroat and steelhead trout. The River 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, with peak flows exceeding Kent SMP:Section 1.0 -Introduction 3 May, 1999 Kent Shoreline Master Program 12,000 cfs, depending upon regulation of the Howard Hanson Reservoir upstream. Summer low flows average less than 1,700 cfs,with flows as low as 81 cfs, depending upon the regulation of , the City of Tacoma headworks facility.' 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 Lake Meridian, a 150 acre lake, is a valuable water resource for fish and wildlife. It has been developed as a primarily residential lakefront community. Lake Meridian Park is located at the southeast end of the Lake, along with a boat launch operated by the State Department of Fish and Wildlife. The lake offers active recreational opportunities such as pleasure boating, water- skiing, swimming, and fishing, as well as providing a location for float planes to land and take off. - Big Soos Creek The section of Big Soos Creek that is regulated under the Shoreline Management Act based on its flow characteristics is located south of Kent-Kangley Road in southeast Kent. This short span of creek is flanked by residential uses on relatively large lots. The Big Soos is also habitat for Chinook and coho salmon and steelhead and cutthroat trout. The portion of Big Soos Creek to the north of the shoreline segment functions as a linear park. Soos Creek is the eastern boundary of Kent's Potential Annexation Area(PAA). 1.4 THE ROLE OF THE SHORELINE MASTER PROGRAM IN HABITAT PROTECTION It is important to recognize that the 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. In addition, it is equally important to recognize that the aquatic resources protected by the master program, and their riparian fringes, 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 species,policies and regulations guiding the management of the shoreline areas must be consistent and complimentary to other watershed-based management practices. Surrounding land uses and other water systems can have significant impacts on the health and viability of aquatic resources and aquatic habitat. The quality of a habitat for fish and other aquatic organisms is the product of actions that occur within the immediate stream and river corridor or lake shore, as well as actions that occur within the entire watershed tributary to that stream and river corridor or lake shore. Water Resources Data Washington Water Year 1996 US Geological Survey Water Data Reoort WA-96-1:USGS.Tacoma. Wash. 1997. 4 Kent SMP:Section 1.0 -Introduction f May, 1999 Kent Shoreline Master Program Aquatic habitat is comprised of the physical structure of the stream/river channel or lake shore/bed, and the quantity and quality of the water that flows through the channel or into the lake. The physical characteristics of a stream/river channel or lake shore/bed that affect the aquatic habitat depend on a variety of factors, including 1) the character of the soils and geology in which the stream and river(or lake) is located; 2) the nature and extent of the plant community (live and dead) associated with that stream/river(or lake); 3) the cross-sectional configuration and gradient of the stream/river channel; 4) the amount and type of constrictions or flow constraints (human-caused or natural) within the stream/river channel; 5) the quantity and timing of water flowing through the stream/river channel (or into the lake); and 6) the extent of human- caused manipulations within the stream/river corridor or lake shore. One of the key components in fish habitat is the capability of a stream/river corridor or lake shore/bed to produce the food organisms that are necessary to sustain the habitat. In stream/river systems, even areas not used directly by fish are important fish habitat because of their capability to produce food organisms. Restoration of degraded habitat in a stream/river channel or lake bed and the associated riparian area is just as important as the protection of habitat. As the region and Kent become involved with the Endangered Species Act, the City will need to revisit the Shoreline Master Program. 1.5 RELATIONSHIP OF THIS SHORELINE MASTER PROGRAM TO OTHER PLANS AND REGULATIONS ' In addition to compliance with the provisions of the Shoreline Management Act of 1971,the Kent Shoreline Master Program must be consistent with local plans and policy documents, specifically, the Kent Comprehensive Plan and the City's ordinances. The City's Shoreline Master Program must also be consistent with the regulations developed by the City to implement its plans, such as the Kent Zoning.Code, and regulations relating to development,building construction, and safety. Submission of a permit for a shoreline development or use does not exempt an applicant from complying with other local, county, state,regional or federal statutes or regulations which may also be applicable to such development or use. It is important to recognize that compliance with the requirements of the Kent shoreline master program and other local regulations does not exempt an applicant from compliance with other applicable state and federal statutes and regulations. Activities in or near water may require a Hydraulic Project Approval (Washington Department of Fish and Wildlife), a Section 404 Permit(US Army Corps of Engineers), or Water Quality Certification(Washington Department of Ecology), among other requirements. The Washington State Department of Ecology Permit Assistance Center can provide telephone and online guidance on what permits are necessary for specific projects at(360/407-7037) and http://www.wa.gov/ecology/sea/pac. At the time of an initial inquiry or when a permit application is submitted, the City Shoreline Administrator should inform the applicant of additional regulations and statutes which may be applicable to the best of the administrator's knowledge;provided, that the final responsibility for ✓ complying with such other statutes and regulations shall rest with the applicant. Kent SMP:Section 1.0 -Introduction 5 May, 1999 Kent Shoreline Master Program 1.6 TITLE This document shall be known and may be cited as the City of Kent Shoreline Master Program. This document may refer to itself as "this Master Program." 6 Kent SMP:Section 1.0 -Introduction May, 1999 Kent Shoreline (Master Program 2.0 DEFINITIONS The following definitions apply throughout this Program, unless otherwise indicated. Accessory Use or Accessory Structure Any structure or portion of a structure or use incidental and subordinate to a primary use or development. Accessory Dwelling Unit An accessory dwelling unit (ADU) is a habitable dwelling unit added to, created within, or detached from and on the same lot with a single family dwelling that provides basic requirements for living, sleeping, eating, cooking, and sanitation. Accretion The growth of a beach by the addition of material transported by wind and/or water. Included are such shoreforms as barrier beaches, points, spits, hooks and tombolos. Act The Shoreline Management Act of 1971, as amended(Chapter 90.58 RCW). Adjacent Lands Lands adjacent to the shorelines of the state (outside of shoreline jurisdiction). The SMA directs local governments to develop land use controls (i.e., zoning, comprehensive planning) for such lands consistent with the policies of the SMA, related rules and the local shoreline master program(see Chapter 90.58.340 RCW). Administrator The Kent Planning Director, or his/her designee, charged with the responsibility of administering the shoreline master program. Agriculture Agricultural use means land primarily devoted to the commercial production of horticultural, vitcultural, floricultural, dairy, apiary, vegetable, or animal products or of berries, grain,hay, straw,turf seed, Christmas trees not subject to the excise tax imposed by RCW 84.33.100 through 84.33.140, fin fish in upland hatcheries, or livestock and that has been in long-term commercial significance for agricultural production. For the purposes of this master program, commercial production of fin fish in upland hatcheries is addressed in Section 6.2, Aquaculture. Anadromous Fish Species, such as salmon, which are bom in fresh water, spend a large part of their lives in the sea, and return to freshwater rivers and streams to procreate. Kent SMP:Section 2.0—Definitions 7 May, 1999 Kent Shoreline Master Program Appurtenance A structure or development which is necessarily connected to the use and enjoyment of a single- family residence or other use and is located landward of the ordinary high water mark and the perimeter of a wetland. On a statewide basis, normal appurtenances include a garage; deck; driveway; utilities; fences; installation of a septic tank and drainfield and grading which does not exceed two hundred fifty(250)cubic yards and which does not involve placement of fill in any wetland or waterward of the ordinary high water mark. Aquaculture The commercial cultivation-or farming of aquatic animals and plants. Archaeological Having to do with the scientific study of material remains of past human life and activities. Associated Wetlands Those wetlands which are in proximity to and either influence or are influenced by tidal waters or a lake or stream subject to the Shoreline Management Act(WAC 173-22-030(1)). Average Grade Level The average of the natural or existing topography of the portion of the lot,parcel or tract of real property which will be directly under the proposed building or structure;provided that in the case of structures to be built over water, average grade level shall be the elevation of ordinary high water. Calculation of the average grade level shall be made by averaging the ground elevations at the center of all exterior walls of the proposed building or structure. Best Management Practices (BMPs) BMPs are methods of improving water quality that can have a great effect when applied by numerous individuals. BMPs encompass a variety of behavioral, procedural, and structural measures that reduce the amount of contaminants in stormwater runoff and in receiving waters. Biota The animals and plants that live in a particular location or region. Boat Launch or Ramp Graded slopes, slabs,pads,planks, or rails used for launching boats by means of a trailer,hand, or mechanical device. Boat Lift A mechanical device that can hoist vessels out of the water for storage. These devices are usually located along a pier. Boat Rail or Railway A set of steel rails running from the upland area into the water upon which a cart or dolly can carry a boat to be launched. Boathouse A structure designed for storage of vessels located over water or in upland areas. Boathouses should not be confused with "houseboats". 8 Kent SMP:Section 2.0—Definitions May, 1999 Kent Shoreline Master Program Breakwater An off-shore structure generally built parallel to the shore that may or may not be connected to land. Its primary purpose is to protect a harbor, moorage, or navigational activity from wave and wind action by creating a still-water area along the shore. A secondary purpose is to protect the shoreline from wave-caused erosion. Buffer Area The zone contiguous to a sensitive area that is required for the continued maintenance, function, and/or structural stability of the sensitive area. Buffer widths vary depending on the relative quality and sensitivity of the area being protected. The critical functions of the riparian buffer (those associated with an aquatic system) include shading, input of organic debris and coarse sediments, uptake of nutrients, stabilization of banks, interception of sediments, overflow during high water event, protection from disturbance by humans and domestic animals, maintenance of a wild habitat, and room for variation of aquatic system boundaries over time due to hydrological or climatic effects. The critical functions of terrestrial buffers include protection of slope stability, attenuation of surface water flows from stormwater runoff and precipitation, and erosion control. Building Any structure having a roof supported by columns or walls used or intended to be used for the shelter or enclosure of persons, animals or property of any kind. Building Height Building height means the vertical distance from the grade to the highest point of the coping of a flat roof or to the deck line of a mansard roof or to the average height of the highest gable of a pitch or hip roof. Building Setback Line Unless otherwise indicated within this Master Program, the line which establishes the limits of all buildings, fencing and impervious surfaces along the shoreline. Bulkhead A wall-like structure generally placed parallel to and near the ordinary high water mark to retain an upland or fill area prone to gliding or sheet erosion, and to protect an upland from erosion by wave action. Bulkheads are normally lighter than a seawall and similar to structures termed "revetments." Buoy Buoys are floating devices anchored to a lake or river bottom used for navigational purposes or moorage. (see also Mooring Buoy) Channel An open conduit for water either naturally or artificially created,but does not include artificially created irrigation, return flow, or stockwatering channels. See also Stream. Kent SMP:Section 2.0—Definitions 9 May, 1999 Kent Shoreline Master Program 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 cant'passengers or goods to, from, over, or along a corridor. Clearing The destruction or removal of vegetation ground cover, 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 is intended for the common use of the residents of a particular subdivision or community. It is not intended to serve as a public facility. Comprehensive Plan Comprehensive plan means the document, including maps, adopted by the city council which outlines the City's goals and policies relating to management of growth, and prepared in accordance with Ch. 36.70A RCW. The term also includes adopted subarea plans prepared 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)) Corridor A circulation right-of-way and the area immediately adjacent to it. Degrade To scale down in desirability or salability, to impair in respect to some physical property 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 (RCW 90.58.030(3d)). See also: Substantial Development. 10 Kent SMP.Section 2.0—Definitions May, 1999 Kent Shoreline Master Program Dike .✓ An embankment to prevent flooding by a stream or other waterbody. DNS Determination of Nonsignificance, under SEPA. Dock A dock or pier is a landing and moorage facility for watercraft which abuts the shoreline and does not include recreational decks, storage facilities, or other appurtenances. Downdrift The direction of movement of beach materials. Dredge Spoil or Dredge Material The material removed by dredging. 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 containing two (2) dwelling units totally separated from each other by a one-hour(1) fire wall or floor designed for occupancy by not more than two (2) families. Dwelling, Single-family See Single-family Residence. Dwelling,Multiple-family Multiple-family dwelling means a residential building designed for or occupied by three(3) or more families,with the number of families in residence not exceeding the number of units provided. 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. EIS Environmental Impact Statement. Elements Major aspects of land and water use for which goals are written as part of a Shoreline Master ti.,. Program. Kent SMP:Section 2.0—Definitions 1 May, 1999 Kent Shoreline Master Program Emergency An unanticipated and imminent threat to public health, safety, or the environment which requires immediate action within a time too short to allow full compliance with the master program. Emergency construction is construed narrowly as that which is necessary to protect property from the elements (RCW 90.58.030(3eiii) 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 degrading other existing functions. Enhancements are to be distinguished from resource creation or restoration projects. Environments Designations given specific shoreline areas based on the existing development pattern, 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 Any person-made cut, cavity, trench, or depression in the earth's surface, formed by earth removal. [WAC 296-155-650] Exemption Certain specific developments as listed in WAC 173-27-040 are exempt from the definition of substantial developments are therefore exempt from the substantial development permit process of the SMA. An activity that is exempt from the substantial development provisions of the SMA must still be carried out in compliance with policies and standards of the Act and the local master program. Conditional use and/or variance permits may also still be required even though the activity does not need a substantial development permit(RCW 90.58.030(3e). Under 173-27-040 WAC, the following applies: 1. Exemptions shall be construed narrowly. Only those developments that meet the precise terms of one or more of the listed exemptions may be granted exemption from the substantial development permit process. 2. An exemption from the substantial development permit process is not an exemption from compliance with the act or the local master program,or from any other regulatory requirements. To be authorized,all uses and developments must be consistent with the policies and provisions of the applicable master program and the Shoreline Management Act. A development or use that is listed as a conditional use pursuant to the local master program or is an unlisted use,must obtain a conditional use permit even though the development or use does not require a substantial development permit. When a 12 Kent SMP.Section 2.0—Definitions May, 1999 Kent Shoreline Master Program development or use is proposed that does not comply with the bulk,dimensional and �... performance standards of the master program, such development or use can only be authorized by approval of a variance. 3. The burden of proof that a development or use is exempt from the permit process is on the applicant. 4. If any part of a proposed development is not eligible for exemption,then a substantial development permit is required for the entire proposed development project. 5. Local government may attach conditions to the approval of exempted developments and/or uses as necessary to assure consistency of the project with the act and the local master program. Fair Market Value "Fair market value" of a development is the open market bid price for conducting the work,using the equipment and facilities, and purchase of the goods, services and materials necessary to accomplish the development. This would normally equate to the cost of hiring a contractor to undertake the development from start to finish, including the cost of labor,materials, equipment and facility usage,transportation and contractor overhead and profit. The fair market value of the development shall include the fair market value of any donated,contributed or found labor, equipment or materials; '��✓ Float "Float"means a structure or device which is not a breakwater, and which is moored, anchored or otherwise secured in the waters of Kent and which is not connected to the shoreline. Flood Control Any undertaking for the conveyance, control, and dispersal of flood waters caused by abnormally high direct precipitation or stream overflow. F000dplain 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. Floodway "Floodway"means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot. Gabions Structures composed of masses of rocks, rubble or masonry held tightly together usually by wire 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. Kent SMP:Section 2.0—Definitions 13 May, 1999 Kent Shoreline Master Program Grading The physical manipulation of the earth's surface and/or drainage pattern in preparation for an intended use or activity. Grassy Swale A vegetated drainage channel that is designed to remove various pollutants from storm water runoff through biofiltration. Groin A barrier-type structure extending from the backshore or stream bank into a water body. The purpose of a groin is to interrupt sediment movement along the shore. A groin is also referred to as a spur dike or rock weir. Habitat The place or type of site where a plant or animal naturally or normally lives and grows. Hearing Examiner(Land Use) A person appointed by the City Administrator to conduct public hearings on applications outlined in the City ordinance creating the Hearing Examiner, and who prepares a record, findings of fact and conclusions on such applications. Height The distance measured from the average grade level to the highest point of a structure:provided, that television antennas, chimneys and similar appurtenances shall not be used in calculating height, except where it obstructs the view of a substantial number of residences on areas adjoining such shorelines (or the master program provides otherwise):provided further, that temporary construction equipment is excluded in this calculation(WAC 173-27-030(9). See also Building Height. HPA-Hydraulic Project Approval. The permit issued by the Washington State Department of Fish and Wildlife pursuant to the State Hydraulic Code Chapter 75.20.100-140 RCW. Hydric Soil Hydric soil means soil that formed under conditions of saturation, flooding, or ponding long enough during the growing season to develop anaerobic conditions in the upper part,thereby influencing the growth of plants. In-kind Replacement ith substitute flora or fauna whose characteristics To replace wetlands,biota or other organisms w closely match those destroyed, displaced or degraded by an activity. Lake A body of standing water in a depression of land or expanded part of a river, including reservoirs, of twenty(20) acres or greater in total area. A lake is bounded by the ordinary high 4 Kent SMP:Section 2.0—Definitions May, 1999 Kent Shoreline Master Program water mark or, where a stream enters a lake, the extension of the elevation of the lake's ordinary high water mark within the stream (RCW 90.58.030(ld); WAC 173-22-030(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 large dike or embankment, often having an access road along the top, which is designed as part of a system to protect land from floods. Littoral Living on, or occurring on, the shore. Littoral Drift The mud, sand, or gravel 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. 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 RCW 90.58. Mining The removal of naturally occurring materials from the earth for commercial, industrial, or construction use. Mitigation The process of avoiding, reducing, or compensating for the environmental impact(s) of a proposal. 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 "�•►r not attached to the vessels (such as a docks or buoy). Kent SMP:Section 2.0—Definitions 15 May, 1999 Kent Shoreline Master Program Moorage Piles a stationary moorage point. They Structural members that are driven into the lake bed to serve as are typically used for moorage of small boats in the absence of, or instead of, a dock or pier. In some cases, moorage piles may be associated with a dock or pier. Mooring Buoy A floating object anchored to the bottom of a water body that provides tie up capabilities for vessels. Multiple-Use The combining of compatible uses within one development. Native Plants These are plants that occur naturally, and that distribute and reproduce without aid. Native plants in western Washington are those that existed prior to intensive settlement that began in the 1850s. Natural Riparian Habitat Corridor The streamside environment designed and maintained primarily for fisheries and wildlife habitat, water quality improvements and secondarily for flood control works,while allowing controlled public access to avoid damage to the resource. Non-conforming Use or Development A shoreline use or structure or portion thereof which was lawfully constructed or established prior to the effective date of the Shoreline Management Act or local shoreline master program provision, or amendments,but no longer conforms to the policies and regulations of this Master Program. Non-water-Oriented Use A use which has little or no relationship to the shoreline. Examples include professional offices,multifamily residential development, and mini-storage facilities. Normal Maintenance Those usual acts to prevent a decline, lapse, or cessation from a lawfully established condition (WAC 173-27-040(2b)). See also Normal Repair. Normal Protective Bulkhead A bulkhead, common to single-family residences, constructed at or near the ordinary high water mark to protect an existing single-family residence, and which sole purpose is for protecting land from erosion,not for the purpose of creating new land(WAC 173-27-040(2c). Normal Repair To restore a development to a state comparable to its original condition within a reasonable period after decay or partial destruction except where repair involves total replacement which is not common practice or causes substantial adverse effects to the shoreline resource or 16 Kent SMP:Section 2.0—Definitions May, 1999 Kent Shoreline Master Program environment(WAC 173-27-040(2b) (the full definition of normal repair is listed in section 7.3 of this SUP). See also Normal Maintenance. Off-site Compensation To replace wetlands or other shoreline environmental resources away from the site on which a resource has been impacted by a regulated activity. On-site Compensation To replace wetlands or other shoreline environmental resources at or adjacent to the site on which a resource has been impacted by a regulated activity. One-hundred-year Flood The maximum flood expected to occur during a one-hundred-year period. 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 change thereafter; in accordance with permits issued by a local government or the department. The following criteria clarify this mark on those waters within the City of Kent per WAC 173-22-030(11), specifically, lakes, and streams: 1. Lakes. Where the ordinary high water mark cannot be found, it shall be the line of mean high water; and 2. 'Streams. Where the ordinary high water mark cannot be found, it shall be the line of mean high water. For braided streams, the ordinary high water mark is found on the banks 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 to piers, docks, floats, 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 any combination thereof, authorized by the Act. (WAC 173-27-030(13)) . Kent SMP.Section 2.0—Definitions 17 May, 1999 Kent Shoreline Master Program Pier 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. 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 phasing, existing technology and logistics in light of overall project purposes. 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 community at large in the affairs of government, or some interest by which their rights or liabilities are affected such as an effect on public property or on health, safety, or general welfare resulting from a use or development. [WAC 173-27-030(14)] Railroad A surface linear passageway with tracks for train traffic. RCW Revised Code of Washington. 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(s). 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 A system by which a float or other floating object is retrieved to a pier, dock, or shoreland. 18 Kent SMP:Section 2.0—Definitions May, 1999 Kent Shoreline Master Program 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. Revetment Facing of stone, concrete, etc., built to protect a scarp, embankment, or shore structure against erosion by waves of currents. The principal features of a revetment are: 1) heavy armor layer, 2) filter layer, and 3) toe protection. Riparian Of, on, or pertaining to the banks of a river. Riprap A layer, facing, or protective mound of stone placed 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 riverfront 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 control sediment movement,water flow, or both. A rock weir adjacent to a shoreline is typically formed by placing rock in a line outward from the shore, with the top of the rock embankment below the water level to restrict current movements parallel to the shore without completely blocking flow. Kent SMP.Section 2.0—Definitions 19 May, 1999 Kent Shoreline Master Program Runoff Water that is not absorbed into the soil but rather flows along the ground surface following the , topography. Salmon and Steelhead Habitats Gravel bottomed streams, creeks, and rivers used for spawning; streams, creeks, rivers, side channels, ponds, lakes, and wetlands used for rearing, feeding, and cover and refuge from predators and high water; streams, creeks, rivers, estuaries, and shallow areas of saltwater bodies used as migration corridors; and salt water bodies used for rearing, feeding, and refuge from predators and currents. Scarification Loosening the topsoil and/or disrupting the forest floor in preparation for regeneration. Sediment The fine grained material deposited by water or wind. SEPA see State Environmental Policy Act. SEPA Checklist A checklist is required of some projects under SEPA to identify the probable significant adverse impacts on the quality of the environment. The checklist will also help to reduce or avoid impacts from a proposal, and help the responsible governmental agency decide whether a full environmental impact statement(EIS) is required(WAC 197-11-960). Shoreland Areas or Shorelands Those lands extending landward for two hundred(200) feet in all directions as measured on a horizontal plane from the ordinary high water mark, including floodways and areas landward two hundred(200) feet from such floodways and all wetlands and river deltas associated with the streams, and lakes which are subject to the provisions of this chapter; the same to be designated as to location by the Washington Department of Ecology. Shoreline Administrator See Administrator. Shoreline Jurisdiction All geographic areas covered by the Act,related rules, and the Kent Master Program. See also definitions of Shorelines,Shorelines of the State, Shorelines of Statewide Significance, Shoreland Areas, and Wetlands. Shoreline Management Act of 1971 Chapter 90.58 RCW, as amended. Shoreline Master Program (SMP) The goals and policies and related use regulations which are used by local governments to E administer and enforce the permit system for shoreline management. Master programs must be 20 Kent SMP:Section 2.0—Definitfons May, 1999 Kent Shoreline Master Program developed in accordance with the policies of the SMA, be approved and adopted by the state, and �,.. be consistent with the rules (WACs) adopted by Ecology. 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, which hears appeals by any aggrieved party on the issuance of a shoreline permit, enforcement penalty and appeals by local government on Ecology approval of master programs, rules, regulations, guidelines or designations under the SMA. See RCW 90.58.170; 90.58.180; and WAC 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 Green River is the only waterway that qualifies as a shoreline of statewide significance. Sign Sign means 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. However, a sign shall not include the following: 1. Official notices authorized by a court,public body or public officer. 2. Direction, warning, or information sign authorized by federal, state, or municipal authority. 3. The official flag, emblem or insignia of a government, school or religious group or agency. 4. A memorial plaque 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 part of the building or structure. Kent SMP.Section 2.0—Definitions 21 May, 1999 Kent Shoreline Master Program Single-family Residence (SFR) 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- 040(2g)). 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; the particular action must be done. SMA see Shoreline Management Act SMP see Shoreline Master Program Soil Bioengineering An applied science that combines structure, biological and ecological concepts 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 putrescible and nonputrescible solid and semisolid wastes, including garbage,rubbish, ashes, industrial wastes, wood wastes and sort yard wastes associated with commercial logging activities, swill, demolition and construction wastes, abandoned vehicles and parts of vehicles,household appliances and other discarded commodities. Solid waste does not include sewage, dredge material or agricultural or other commercial logging wastes not specifically listed above. State Environmental Policy Act(SEPA) SEPA requires state agencies, local governments and other lead agencies to consider environmental factors when making most types of permit decisions, especially for development proposals of a significant scale. As part of the SEPA process,EISs may be required to be prepared and public comments solicited. 22 Kent SMP:Section 2.0—Detinidons May, 1999 Kent Shoreline Master Program Stream �,✓ A naturally occurring body of periodic or continuously flowing water where: a) the mean annual flow is greater than twenty cubic feet per second and b) the water is contained within a channel. See also Channel. Structure That which is built or constructed; a permanent or temporary_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. Subdivision A parcel of land divided into two or more parcels for the purpose of sale, lease or conveyance. Substantial Development Any development of which the total cost or fair market value, whichever is higher,-exceeds two thousand five hundred dollars ($2,500), 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)(e)(i)-(xi) . and WAC 173-27-040. These exemptions are listed in Section 7.3 of Chapter 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. 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 Map (exhibit A of Ordinance No. 2832 § 1, 2-21- 89). 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 • Urban - River Resource(Green River), • Urban - Lake Residential (Lake Meridian), and • Urban- Stream Corridor(Big Soos Creek) A shoreline designation under the Shoreline Management Act for areas of high intensity land use, including residential, commercial and industrial development. In the City of Kent,the shoreline environments include Urban- River Resource(Green River),Urban-Lake Residential (Lake Meridian, and Urban - Stream Corridor(Big Soos Creek) and reflect the City's Kent SMP:Section 2.0-Definitions 23 May, 1999 Kent Shoreline Master Program designation as"Urban"under the Growth Management Act(see Chapter 3, Shoreline Environments). 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 substantial number of people as a general character of the public's ability to enjoy the physical ; and aesthetic qualifies 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 project"means a public or private project authorized by the sponsor of a watershed restoration plan that implements the plan or a part of the plan and consists of one or more of the following activities: 1. A project that involves less than ten(10)miles of streamreach,in which less than twenty- five(25)cubic yards of sand,gravel,or soil is removed,imported,disturbed or discharged, and in which no existing vegetation is removed except as minimally necessary to facilitate additional plantings; 24 Kent SMP.Section 2.0—Definitions May, 1999 Kent Shoreline Master Program 2. A project for the restoration of an eroded or unstable stream bank that employs the principles of bioengineering, including limited use of rock as a stabilization only at the toe of the bank, and with primary emphasis on using native vegetation to control the erosive forces of flowing water; or 3. A project primarily designed to improve fish and wildlife habitat,remove or reduce impediments to migration of fish, or enhance the fishery resource available for use by all of the citizens of the state,provided that any structure, other than a bridge or culvert or instream habitat enhancement structure associated with the project, is less than two hundred (200)square feet in floor area and is located above the ordinary high water mark of the stream. Watershed Restoration Plan "Watershed restoration plan"means a plan, developed or sponsored by the Department of Fish and Wildlife,the Department of Ecology,the Department of Natural Resources, the Department of Transportation, a federally recognized Indian tribe acting within and pursuant to its authority, a city, a county, or a conservation district that provides a general program and implementation measures or actions for the preservation, restoration,re-creation, or enhancement of the natural resources, character, and ecology of a stream,stream segment, drainage area,or watershed for which agency and public review has been conducted pursuant to chapter 43.21C RCW,the State Environmental Policy Act. Wetlands or Wetland Areas "Wetlands" or"wetland areas" means areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps,marshes ,bogs and similar areas. Wetlands do not include those artificial wetlands intentionally created from nonwetland sites, including,but not limited to, irrigation and drainage ditches, grass-lined swales, canals, detention facilities,wastewater treatment facilities, farm ponds, and landscape amenities, or those wetlands created after July 1, 1990, that were unintentionally created as a result of the construction of a road,street, or highway. Wetlands may include those artificial wetlands intentionally created from nonwetland areas to mitigate the conversion of wetlands. Kent SMP:Section 2.0—Definitions 25 May, 1999 Kent Shoreline Master Program 26 Kent SMP:Section 2A—Definitions May, 1999 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 types of shorelines, or segments of shorelines, so that the various shoreline policies, allowed uses and use regulations can be tailored to fit the specific 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 program development recommended a classification system composed of four distinct environments: Natural, Conservancy, Rural, and Urban. More recently, State guidelines suggest that these categories may be too broad, and that more specific subcategories can be adopted to tailor the environment designation to specific shorelines. In addition, the designations should more accurately reflect the shoreline's designation under local growth 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 designations were amended in 1978 and 1980. Following the original state guidelines, Kent designated shoreline environments of Conservancy, Rural and Urban. In light of the recent legislative efforts to bridge the regulatory 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. Urban Environment WAC 173-16-040(4)(b)(iv) of the Shoreline Management Act provides 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. Kent SMP.Section 3-Shoreline Environments 27 May, 1999 Kent Shoreline Master Program -- 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. an Figure 3.1 Recreational trails and water access can be combined with private development. The Green River, Lake Meridian and Big Soos Creek shorelines are located within an urban area, as defined under the Growth Management Act and Kent's Comprehensive Plan. However,the biophysical nature of the shorelines and the surrounding development pattern of each are significantly different. In order to establish shoreline environments which reflect the overall urban setting while acknowledging the different shoreline characteristics, Kent has classified the Green River shoreline as Urban-River Resource,the Lake Meridian shoreline as Urban- Lake Residential, and the Big Soos Creek shoreline as Urban- Stream Corridor. The Kent shoreline jurisdiction is shown on maps in Appendix A. 28 Kent SMP:Section 3-Shoreline Environments May, 1999 Kent Shoreline Master Program 3.1 URBAN-RIVER RESOURCE Purpose: The Green River shoreline is an important biological, physical and aesthetic public resource. Under the Shoreline Management Act, the Green River is also classified as a"Shoreline of Statewide Significance." The purpose of the Urban- River Resource environment is to recognize the river corridor as a focal point for public recreation, while at the same time preserving open space,preserving and enhancing fish and wildlife habitat,preserving historic and cultural sites, and providing for water-dependent 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. Management Policies: 1. Visual and physical public access to the shoreline should be required for any new development within the shoreline. 2. Aesthetic considerations should be actively promoted by means such as sign control, development siting, screening and architectural standards, and maintenance of natural vegetative buffers. 3. Acquisition 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 Purpose: The Lake Meridian shoreline lies within an established, primarily single-family residential neighborhood. The purpose of the Urban -Lake Residential designation is to maintain the character of the existing residential neighborhood while 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. Management Policies: 1. Because properties around the Lake are already substantially developed, infill development and/or redevelopment shall be consistent with the character and nature of the existing neighborhood. Kent SMP.Section 3-Shoreline Environments 29 May, 1999 Kent Shoreline Master Program 2. Both physical and visual public access to the Lake shall be provided. New residential subdivisions may be required to provide common open space along the shoreline where feasible and where compatible with the natural environment. 3. The existing City park and State boat launch facilities shall be adequately maintained. 4. Protection and enhancement of the environment is a high priority and shall be encouraged. 3.3 URBAN- STREAM CORRIDOR Purpose: The Big Soos Creek shoreline is an important biological and hydrological resource. The purpose of the Urban - Stream Corridor environment is to protect the unique, fragile, and valuable elements of the environment, including the wildlife and habitat. Uses appropriate for this environment are sensitive to the natural environment and may include such activities as open space and planned low-intensity recreational uses, such as a trail system. Designation Criteria: Areas to be designated Urban- Stream Corridor meet the following criteria: A. The shoreline is along the Big Soos Creek(downstream of the Kent Kangley Road(SR 516)),within the City of Kent. Management Policies: 1. New development in the Urban- Stream Corridor environment should reflect the character of the surrounding area by limiting residential density,providing permanent open space and by maintaining adequate building setbacks from water and wetlands. 2. Public access opportunities to the shoreline should be encouraged through provision of open space and trail system. Such development shall be located, sited, designed, and maintained to protect and enhance shoreline areas and adjacent aquatic habitats and resources. 3. Activities or uses which would be detrimental to the natural and biological limitations of the land and water should be prohibited. 30 Kent SMP:Section 3-Shoreline Environments May; 1999 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 master program: Shoreline Use; Economic Development; Public Access; Recreation; Circulation; Conservation; and a Historic/Cultural element. Local master programs should also address any other appropriate elements; thus,the Kent Shoreline Master Program includes a Shoreline Flood Control element to address flood protection along the Green River. As a result of regulatory reform legislation, the goals and policies of the shoreline master program are to be integrated into the local comprehensive plan. This chapter of the master program will, therefore, become the"Shoreline Element"of the Kent Comprehensive Plan. Currently, that plan contains the five "elements"originally required by the Growth Management Act(Land Use, Housing, Capital Facilities,Transportation, and Utilities) and four optional elements (Community Design, Human Services, Parks, and Economic Development). OVERALL SHORELINE GOAL: To protect and enhance the shorelines of the City of Kent and its Urban Growth Area. 4.1 SHORELINE USE This considers: 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 Green River is designated a "Shoreline 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; C. Result in the long-term over short-term benefit; d. Protect the resources and ecology of the shorelines; Kent SMP:Section 4.0-Shoreline Elements 31 May, 1999 Kent Shoreline Master Program e. Increase public access to publicly owned areas of the shoreline_ f. Increase recreation opportunities for the public in the shoreline area. Policies: 1. Allow only uses and activities within the Green River shoreline that are water-dependent, water-enjoyment, water-oriented, or otherwise compatible with the natural environment and the "Urban-River Resource" designation. 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. ' uNur�l �tse, rvccf pPc�Spr�, Figure 4.1 Uses and activities which enhance the natural amenities of the shoreline. 32 Kent SMP:Section 4.0-Shoreline Elements May, 1999 Kent Shoreline Master Program 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. 4. Discourage uses and activities in unique or fragile areas unless measures can be satisfactorily undertaken to mitigate all related adverse impacts. 5. Encourage restoration of shoreline areas that have been degraded or diminished in ecological value and function as a result of past activities or catastrophic events. 6. Support applications for current use taxation for those agricultural and open space uses along the shoreline through Chapter 84.34 RCW. GOAL 2 : Uses allowed within the Lake Meridian shoreline environment shall be residential, recreational and open space uses compatible with the natural environment and the "Urban-Lake Residential" designation. Policies: 1. Locate and design new and infill residential development to maintain the character and nature of the existing residential neighborhood. 2. New residential development,but not including individual single-family dwellings, N-.00: should provide joint use community or public access to the shoreline where possible. 3. Discourage uses and activities in unique or fragile areas unless measures can be satisfactorily undertaken to mitigate all related adverse impacts. 4. Encourage restoration of shoreline areas that have been degraded or diminished in ecological value and function as a result of past activities or catastrophic events 5. Maintain current visual and physical public access to the lake shoreline. GOAL 3: Uses allowed within the Big Soos Creek shoreline shall be low density residential,recreational, and open space uses compatible with the natural environment and the Urban - Stream Corridor designation. Policies: 1. Locate, design and maintain new residential development to promote a stable residential neighborhood. 2. New residential development should provide,where possible,joint-use community or public access to the shoreline if compatible with the natural environment. Kent SMP:Section 4.0-Shoreline Elements 33 May, 1999 Kent Shoreline Master Program 3. Discourage uses and activities in unique or fragile areas unless measures can be satisfactorily undertaken to mitigate all related adverse impacts. 4. Encourage restoration of shoreline areas that have been degraded or diminished in ecological value and function as a result of past activities or catastrophic events 5. Maintain visual and physical access to the shoreline. GOAL 4 Agricultural uses,while regarded as a "rural" use under the Growth Management Act, are supported by the City of Kent comprehensive plan, and the shoreline master program encourages maintaining this land use, where applicable. Policies: 1. Agricultural lands should be protected from incompatible patterns of development. 2. The scenic beauty of natural shorelines as well as the historic value of many rural agricultural landscapes should be protected in agricultural development. Figure 4.2 Trails and public access can be designed to avoid conflicts with adjacent agricultural uses. 3. The creation of new agricultural lands by diking, draining or filling of wetlands should be prohibited. 34 Kent SMP:Section 4.0-Shoreline Elements May, 1999 Kent Shoreline Master Program 4.2 ECONOMIC DEVELOPMENT .�, Economic development refers to development that provides a service, produces a good, retails a commodity, or engages in any other use or activity for the purpose of making financial gain. For the City of Kent, Economic Development applies only to the Green River shoreline. GOAL 1: Development of the Green River shoreline should be limited to uses or activities which are water-dependant,water-enjoyment,water-oriented, or otherwise compatible with protection, restoration and enhancement of the shoreline. Policies: 1. Encourage the location of shoreline-oriented or shoreline-dependent recreation and open space uses along the Green River shoreline as part of development along this shoreline. 2. Ensure that planning, zoning and non-regulatory programs governing lands within and adjacent to the shoreline allow environmentally sensitive recreational/open space uses along the shoreline. 3. Support environmentally sensitive agricultural uses along the shoreline in applicable zones. GOAL 2: Permit development of the Green River 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. Policies: 1. Design shoreline developments to enhance scenic views. 2. Support shoreline enhancement and restoration in areas of new development and redevelopment. 3. Locate water-dependent and water-related economic development first in shoreline areas where other economic development already exists. 4. New economic development within the shoreline area should enhance the aesthetic qualities of the shoreline. 5. Design all economic development to allow reasonable public access to and along the water's edge. Kent SMP:Section 4.0-Shoreline Elements 35 May, 1999 Kent Shoreline Master Program 6. Consider public access in the review of all private and public developments (including land division) with the exception of the following: a. One- and two-family (duplex) dwelling units; or b. Agricultural/ranching activities; or C. Where deemed inappropriate due to health, safety and environmental concerns. Administratively, off-site public access should be substituted for on-site public access only where water-dependent uses and sensitive areas make public access elements physically infeasible. 7. Permit over-water structures only when in the public interest and when such a structure includes public access. 8. Potential long-term effects on the shoreline should take precedence over short-term economic gain or convenience.in development. 4.3 PUBLIC ACCESS This is an element addressing the need to provide public access to shoreline areas. GOAL 1: Continue to provide a coordinated system of diverse physical and visual public access to the City shorelines. Figure 4.3 Improved public access to the water's edge. 36 Kent SMP:Section 4.0-Shoreline Elements May, 1999 Kent Shoreline Master Program Policies: 1. Along the Green River, the City and/or other government agencies should acquire and develop property to provide public access to the water's edge at a minimum interval 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. 3. Publicly-owned shoreline areas should provide public access to the water's edge where feasible and where compatible with the natural shoreline environment. 4. Public access to and along the water's 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. Adequately maintain all public access areas and facilities. 7. Preserve and enhance views of the shoreline and water from public areas. 8. The profile of water-dependant or water-related structures should be as low as feasible in order to minimize visual impact on the shoreline. 9. Site buildings and structures along the shoreline in such a manner that visual access is preserved. 10. The City should minimize public access to unique or fragile areas. 11. Design and landscape parking and/or recreation facilities for shoreline activities to provide adequate pedestrian access to the shoreline and to minimize adverse impacts to adjacent properties and the natural environment. 12. Encourage new residential development requiring a Substantial Development Permit(i.e., including subdivisions but excluding individual single-family homes)to provide common shoreline open space. 13. The City should actively support extension of a public trail along Big Soos Creek. GOAL 2: Design development adjacent to private property so as to screen and protect against intrusions from the public activities. Kent SMP:Section 4.0-Shoreline Elements 37 May, 1999 Kent Shoreline Master Pic.gr :r Policy: 1, the Shoreline Acirn I ritstm'lor Ilk (1 ILIN,11 C Cs to insure that the rights and pritiac', o '1ll;:' ll('r'''. W CC." :?T 'IeC"'Z_'d. 4.4 CIRCULATION This element assesses the location and e'";tent �­ Istirio aru! l roposeia mayor thoroughfares, transportation routes. terminals anc rhe� 'ac lhr„ w ir,i orrelai-,s thowe facilities with. the shoreline use elements. ;;r"1E174, fit. _55 r- c Cam. Y. . - C Figure 4.4 Public transit connect on, .kI sh,�r; i 11., dclIr, GOAL 1: Provide safe, reasonable and adequate circulation systems to shorelines where such systems will have the least possible adverse effect on the natural environment and recreational opportunitie, Policies: 1. The City should7 ,�reline rck:reationareas.) 2. Restrict motor ve,iic,lc. tra' ?tll to v;wi III' t I�tll, 11', �c"c'1't l�,i Ihilted bridge crossin,�s for n :liar tTk. ''A `, 3. Along the Green P,%Cr, 1�1�111 ;iru deSi_rT ,1 rr�.:'in�.' t ra c�ni� l�� ale,artis fcr slow-moy'InL) trat.'A 111d ",�I 38 t -.nrei ne Elements May, 1999 W Shomhne Master Program 4. In order to rMuce mycasm i ikh K i.!- III, J lo!, o! rc �i:te, alternative access rot;t,-.,-,' loc,,"tLd oi l I ho I �I,� ', ��! 1 i �11. r ,1ti 3�; �,! i r i c7 5. Along the preen River, JAW acnign, and rermne haough tribe u) avmd Wvers& affectiriL, the rccrearkmd MY LVIn 0nnicim! qialh V 11 '01C 1-I',e, CON (Itl 6. Along the (ji-cen It;%n Ma it . I '��1 � �'I 1:'1 JA] 2 i2'1�. Uld act�'velv explore altvrnativct ii i i !i 11 7. New and existing i i d in a ci i i n i zc impacts to the natural environmeT!i GOAL 2: Provide a conhnuous nonumitmized trail s,stern along the entire Green River shoreline, Policies: I The City should develop and mp4cni -ii M ir r°ci i io.iirlci 1 pl m ot ol-'quisition, lease, and donation of land for Tn,ii'� 2. Separate the trail system fr,m t:j�' J. Connect the trail stem t ci o i i e i 'T'a i Ic 1 1 4 Link access points tc, ord alo[i,g t�4` hv I �dL'11 I)i 5. To assist in developing a trans s\?ten o� ter in( nm w: bA pro penj owners & exchange for ]arger suback, eawnwm Ohm KneW ki a rMHA Son 6. Include the trail system on ;iil nc-,v or cxpuaie� mw4 ri,,,ed rim cmssingn. Whenever practical, niodif-v crossimis to ld 11"� trail �"' slem 7. Provide trail sSsterm -) idL.,es r, ql;' �llc natural environment S. Design private roks oral Act cATrrem, w w"Ad u"i"wi "* ar AS m"; Is"nipacts (fin, the trail systerr It Design the trail system w ;:VUQ con& P"MH prvwn mopcn."ph; ann m maw the minimum ohectii)iIdl--)Ie np I 11!,- 1"!, 111!11! l �', "l' GOAL 3. Provide for public access io the Bi�-o ruck silt Tline w1wre compatible with the natural emrironmieni Kent Siv,-- Section, 4 c - 39 May, 1999 Kent Shoreline Master Program Policies: 1. Support extension of the non-motorized Big Soos Creek Trail system. 2. Require new development adjacent to Big Soos Creek to provide common open space or public access to the shoreline where compatible with the natural environment. 4.5 RECREATION 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. Y Figure 4.5 Diverse recreational opportunities. Policies: 1. Recreational facilities should be developed for diverse recreational uses. 2. Design and locate recreational facilities to facilitate access by public transportation. 40 Kent SMP:Section 4.0-Shoreline Elements May, 1999 Kent Shoreline Master Program 3. Provide fishing areas through City or State acquisition of property. Figure 4.6 Provide fishing areas through the acquisition of property. 4. The City encourages the 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. 5. The City encourages the use of shoreline street ends and publicly owned lands for public access and development of recreational opportunities when suitable parking facilities are available. 6. The City encourages acquisitions for open space that preserve environmentally sensitive areas, provide wildlife habitat, and offer opportunities for education and interpretation within the shoreline jurisdiction. GOAL 2: Public recreation opportunities along the Green River should be maximized by development of a regional riverfront park system and greenbelt/open space systems. 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. Kent SMP:Section 4.0-Shoreline Elements 41 May, 1999 Kent Shoreline Master Program 2. Ensure that designated sections of the riverfront are available to the public for recreation. This may include City, County, State and privately-owned recreational facilities open to the public. 3. Design any public development adjacent to private property to protect the rights and privacy of the private property owners. 4. Provide a trail system along the entire shoreline. 5. Acquire and dedicate as public recreation sites the areas between the waterline and setback levees, when compatible with the natural environment. 6. Provide large parks for river access, interpretive natural areas, picnic areas, open play areas, quiet natural areas,restrooms, parking, etc. GOAL 3: Maintain and enhance the existing Lake Meridian Park. Policy: 1. Provide diverse recreational opportunities compatible with the natural environment. GOAL 4: 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 the Green River. 2. Maintain current fishing access along Lake Meridian. 3. Ensure proper use and adequate maintenance of all boat launches. GOAL 5: Along the Green River, encourage private water-oriented recreational development which is open to the public in areas located outside the public park areas. Policy: 1. Encourage nonmotorized recreational boating facilities, as long as they are compatible with other uses and the natural environment. 42 Kent SMP:Section 4.0-Shoreline Elements May, 1999 Kent Shoreline Master Program GOAL 6. Provide recreational opportunities along Big Soos Creek. Policy: 1. Include a public non-motorized trail connecting any public access points in recreational facilities developed in the shoreline jurisdiction. 4.6 CONSERVATION This is an element for the preservation of the natural shoreline resources, and considers such characteristics as scenic vistas, parkways, estuarine areas for fish and wildlife protection, beaches and other valuable natural or aesthetic features. GOAL 1: Identify, preserve and restore the remaining natural resources of the shoreline such as wildlife habitats,fishery resources,wetlands, beaches, natural vegetation, and other fragile elements. A L 1 v ,/' 11{ 1 .1 111 l/l 1 �111 .11♦wl 1 . II .11.• . 111 II1111{i 1 ♦1111 1.. •y UL r Figure 4.7 Wetlands provide habitat for wildlife. Policies: 1. Protect and restore aquatic habitats, spawning grounds, wildlife habitats and wetlands. 2. Avoid or minimize stream or lake bed disturbance. Kent SMP: Section 4.0-Shoreline Elements 43 May, 1999 Kent Shoreline Master Program 3. Along the Green River, slope any proposed new riverbank protection(wet side) to allow escapement of fish after high water. 4. Prohibit development in unique or fragile areas. GOAL 2: Preserve the scenic 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. Preserve existing trees and natural vegetation along the Green River or Big Soos Creek unless necessary for public safety or public access levee maintenance. 5. Discourage the use of building materials which have significant adverse physical or chemical effects on water quality,vegetation, fish and wildlife in or near the water. 6. Locate, design, construct and maintain all measures for controlling erosion, stream flow rates or floodwaters through the use of stream control works so that net off-site impacts related to water do not degrade the existing water quality. GOAL 4: Protect and enhance salmonid habitats in Kent. Policies 1. The City encourages aggressive efforts to protect and enhance salmonid habitat because of its importance to the aquatic.ecosystem and the local economy. 2. Non-water dependent or non-water-related uses, activities, structures, and landfills should not be located in salmonid habitats. 44 Kent SMP:Section 4.0-Shoreline Elements May, 1999 Kent Shoreline Master Program 3. Locate and design all developments so that they have no impact on salmonid habitat, or at a minimum, have the least possible adverse impact on salmonid habitat. The City shall develop mitigation measures for adverse impacts in consultation with, the State Department of Fish and Wildlife,the Army Corps of Engineers,the Washington State Department of Ecology, and the Muckleshoot Indian Tribe. 4. The City generally prefers soil bioengineering for bank protection of lakes and streams used by salmonids. Also see the Specific Shoreline Use Policies and Performance Standards (Chapter 6) of this master program. 5. The City prefers floating structures and open pile structures over landfills or solid structures in water areas used by salmonids. 6. The City prefers full-spanning structures without center support piles for crossing water areas used by salmonids. Bridge abutments should be landward of the 100 year floodplain. 7. Require structures and uses that create significant impervious surfaces to include stormwater treatment systems to reduce downstream transport of sediments and pollutants. The City encourages that consideration be given to reducing or avoiding the use of impervious surfaces in upland developments, and likewise to removing impervious surfaces where possible in areas being redeveloped. Reductions in impervious surface areas can lessen the size and cost of required runoff treatment facilities. 8. Minimize the discharge of soil, silt, and sediments into waterways during in-water and upland construction through the use of erosion and sediment control practices. 9. The City encourages Adopt-A-Stream programs and similar efforts that te�-protect and rehabilitate salmonid spawning,rearing, feeding, refuge, and migration. 10. The City of Kent encourages consideration of shoreline restoration and remediation incentive programs. Such programs could identify if, in some areas and under certain circumstances, the setbacks required in this shoreline master program could be reduced in exchange for developer agreements to provide restoration of the shoreline_ 4.7 HISTORICAL/CULTURAL . GOAL 1: Encourage and provide for the identification, preservation, restoration, development and interpretation of historical, cultural, and educational sites. Kent SMP:Section 4.0-Shoreline Elements 45 May, 1999 Kent Shoreline Master Program Policies: 1. Designate, acquire, protect, and restore shoreline areas having archaeological, historical, cultural, educational or scientific value. 2. Provide access to historic and cultural sites to the general public, when consistent with the protection of the sites. 3. Encourage public and private cooperation in site preservation and protection. 4. Provide information on historic and cultural sites in the form of signs or other interpretation of historic and cultural features, when consistent with the protection of the features. c�zan R•wcr. r(odaoc,.sv�llL l„�,nct„� 2 st t. • V. D0�/GNS � S 22S st �1 - SkOL�S L0.ht�lv�q AcIJO�rc�S Lai J JJJJ J � u _ N � Figure 4.8 Riverboat landings are of historical significance. 5. Encourage educational projects and programs that foster a greater appreciation of the importance of shoreline management, environmental conservation, and shoreline history. 46 Kent SMP.Section 4.0-Shoreline Elements May, 1999 Kent Shoreline Master Program 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 for a period of time so that their significance can be determined. 2. To ensure their preservation and protection, significant sites should be a high priority for acquisition by the city or other appropriate entity. 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 flood control project proposals in Kent are based on a thorough analysis of the potential impacts on the shoreline and an examination of alternative measures, for example,the control or reduction of surface water runoff. 2. Require that flood control works are designed for multiple uses. 3. The City shall acquire public access to the flood control works prior to construction. 4. Design flood control projects to maximize open space elements which are not subject to extensive flood damage, such as parks and agriculture. 5. Design flood control projects to provide diverse public recreational opportunities, such as fishing, swimming, boating,birdwatching, viewing, etc. 6. Design and manage flood 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 to maximize a natural shoreline appearance, fish and wildlife habitat values,public access, and public recreation. 8. Provide dike setbacks at favorable locations that promote bank stabilization, restoration of natural habitat and large river-level access parks. Kent SMP:Section 4.0-Shoreline Elements 47 May, 1999 Kent Shoreline Master Program Figure 4.9 Flood control works can be combined with public access and open space buffers. GOAL 2: Ensure that shoreline stabilization activities conducted for flood control and/or habitat restoration purposes are in the public benefit and protective of the overall river corridor environment. 1. Shoreline stabilization shall not be used to create new lands. 2. Permit shoreline stabilization only when it has been demonstrated that shoreline stabilization is necessary for the protection of legally established structures and public improvements. 3. Require that all shoreline modification activities be in support of a permitted shoreline use that is in conformance with the provisions of this master program unless it can be demonstrated that such activities are necessary and in the public interest. 4. Place shoreline stabilization solutions that replace existing shoreline stabilization along the same alignment as the shoreline stabilization being replaced; however,these may be placed waterward, directly abutting the old structure, in cases where removal of the old structure would result in construction problems or severe environmental impacts as determined by the City of Kent. 48 Kent SMP:Section 4.0-Shoreline Elements May, 1999 Kent Shoreline Master Program 5. Shoreline stabilization shall not significantly interfere with normal surface and/or subsurface drainage into the water body. 6. Design shoreline stabilization so that it does not constitute a hazard to navigation, nor substantially interfere with visual access to the water. 7. Design shoreline stabilization to not create a need for shoreline stabilization elsewhere. 8. Require professional design of shoreline stabilization works, as approved by the City. Kent SMP. Section 4.0-Shoreline Elements 49 May, 1999 Kent Shoreline Master Program 50 Kent SMP:Section 4.0-Shoreline Elements May, 1999 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 and Environment Designations 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. 1 Figure 5.1 The Green River—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 the-descending order of preference: 1. Recognize and protect the statewide interest over local interest. 2. Preserve the natural character of the shoreline. Kent SMP: Section 5.0—General Performance Standards 51 May, 1999 Kent Shoreline Master Program 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 Green River shoreline, 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, biology, geology, limnology, aquaculture and other scientific fields pertinent to shoreline management. 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. Protect and preserve the existing diversity of vegetation 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. 52 Kent SMP:Section 5.0—Genera!Performance Standards May, 1999 Kent Shoreline Master Program 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. 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 sands, and gravel 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 the Green River, providing linear access along the river shoreline, and to developed upland parking. 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. Kent SMP. Section 5.0—Genera!Performance Standards 53 May, 1999 Kent Shoreline Master Program 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. 2. In the event that unforeseen factors constituting an emergency as defined in RCW 90.58.030 necessitate rapid action to retrieve or preserve artifacts or data identified above,the project may be exempted from the permit requirement of these regulations. The City shall notify the State Department of Ecology, the State Attorney General's Office, and the State Historic Preservation Office of such a waiver in a timely manner. 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-River Resource and Urban- Stream Corridor environments, clearing and grading within designated setback areas is prohibited unless associated with public recreation activities,restoration and enhancement of natural vegetation or wildlife and aquatic habitat, utility construction or required landscaping. Figure 5.2 Clearing and grading shall be minimized. 2. Unless exempted by the SMA, clearing and grading activities shall be allowed only when associated with a permitted shoreline development. Upon completion of construction, 54 Kent SMP: Section 5.0—General Performance Standards May, 1999 Kent Shoreline Master Program remaining cleared areas shall be replanted with native vegetation or other plantings approved by the Administrator. Replanted areas shall be maintained such that within three-years the vegetation is fully reestablished 3. No cutting, damage, or removal of trees over six(6) 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 shall be 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 shall provide for the replacement and maintenance of any trees removed. The developer may be required to replace trees at a ratio greater than 1:1. 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 significant placement of materials from off-site (other than surcharge or pre-load) or substantial raising of dry upland shall be considered landfill and shall also comply with the landfill provisions contained,in this 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 x 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. 3. The release of oil, chemicals, or hazardous materials onto land or into the water is prohibited. Equipment used in association with such materials shall be maintained in safe and leak-proof condition. If there is evidence of leakage, the further use of such equipment shall be suspended until the deficiency has been satisfactorily corrected. 4. All shoreline uses and activities shall use Best Management Practices (BMPs) to minimize any increase in surface runoff and to control, treat, and release surface runoff. 5. All shoreline development shall utilize effective erosion control methods during project construction and operation. Kent SMP.Section 5.0—Genera!Perfonnance Standards 55 May, 1999 Kent Shoreline Master Program i i Figure 5.3 A natural fiber mat stabilizes slopes and allows natural vegetation to permeate. 6. For other than single-family lots,the application of fertilizers,herbicides and pesticides shall be prohibited within one hundred(100) feet landward of the Ordinary High Water Mark(OHWM). Fertilizers,herbicides and pesticides shall not be applied or allowed to directly enter water bodies or wetlands unless approved for such use by appropriate agencies (U.S. Department of Agriculture,U.S. Environmental Protection Agency, Washington Department of Ecology). 7. All shoreline uses and activities shall be located, designed, constructed and managed to minimize interference with beneficial shoreline processes 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. 56 Kent SMP:Section 5.0—General Performance Standards May, 1999 Kent Shoreline Master Program 2. Development located in, or adversely affecting-sensitive areas, wetlands, fish and wildlife habitats, migratory routes, spawning areas, 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. 8u#Fer drainagt cvanrwl txw ctrrrcto{�r►kmi' 1 rivers "_Y Figure 5.4 Environmentally sensitive areas shall be maintained as open space buffers. 4. The use of herbicides and pesticides shall be prohibited to remove noxious plants in streams, lakes and wetland areas except where no reasonable alternatives exist and it is demonstrated that such an activity is in the public interest. Mechanical removal of noxious weeds shall be timed and carried out in a manner to minimize any disruption of wildlife or habitat. 5.6 WETLANDS In 1993,the City adopted a wetlands management ordinance, pursuant to the requirements of RCW 36.70A.060 as adopted in the Growth Management Act(GMA). In doing so,the City established a new Chapter 11.05 which outlines delineation methodologies for wetlands and regulations to protect them. The definition of"wetland" in Section 11.05.020 is consistent with the definition of wetland found in the GMA(RCW 36.70A.030(20)). For the 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"wetlands" and regulations found in Chapter 11.05 are consistent with the definition of wetland in the SMA and GMA, and will be used to manage and regulate wetlands in the shoreline jurisdiction, as well as the rest of the city. t� Kent SMP.Section 5.0-General Performance Standards 57 May, 1999 Kent Shoreline Master Program 5.7 SALMON AND STEELHEAD HABITAT Applicability Salmon and steelhead are two of the enduring symbols of the Northwest. Salmon and steelhead (salmonids) are also important economic and recreational resources throughout the region. In order to maintain and promote salmonid habitat in areas of Kent upstream of the Green River and Big Soos Creek, it is vital to protect and enhance salmonid habitats in both their immediate shoreline areas and in the tributaries that serve these waterways. Potential salmonid habitats within shorelines in Kent include: 1) gravel bottomed streams used for spawning; 2) areas of streams, lakes, and wetlands used for rearing,feeding, and refuge from predators and high waters; and 3) streams and lakes used as migration corridors. Lake Meridian, while providing habitat to other fish species (bass,etc.), is not considered to provide salmonid habitat. 0 . O � • O Figure 5.5 Impacts to salmon habitats shall be minimized. 58 Kent SMP:Section 5.0—General Performance Standards May, 1999 Kent Shoreline Master Program Kent Salmonid and Steelhead Habitat Areas There are two main watercourses and one body of water that are classified as being wholly within the jurisdiction of the shoreline master program of the City of Kent. Lake Meridian is the body of water and the drainage courses are: 1. The Green River or Duwamish River(throughout its length in the City), and 2. Big Soos Creek(downstream from where the Creek passes the Kent-Kangley Road to the south City limits). Watercourse Habitat In addition to those watercourses that have a mean annual flow of 20 cfs or more, there are several small tributary streams that flow through the 200-foot wide shoreline jurisdiction. Auburn's Mill Creek flows into the Green River from the south at West Valley Highway. Mullen Slough flows into the river from the south side. Midway Creek flows into the river from the west adjacent to Kent's Riverbend Golf Course. The Green River is a travel corridor for Chinook (Oncorhynchus tshawytscha), coho (Oncorhynchus kisutch), and chum (Oncorhynchus keta) salmon as well as sea-run cutthroat (Oncorhynchus clarkii) and steelhead (Oncorhynchus mykiss)trout. Both Chinook and chum salmon spawn in the Green River within the city limits of the Kent. All species of salmonids use the river and its tributaries for rearing and refuge, with steelhead and cutthroat trout being the longest freshwater residents. Chinook and coho salmon, as well as steelhead and cutthroat trout, use Big Soos Creek. The main stem of the creek provides spawning,rearing, and refuge habitat for all salmonid species. Soos Creek is one of the two major tributary streams to the Green River and is extremely important with respect to salmonid production in the Green River watershed. It is important to note that there are other species of fish and aquatic organisms in these drainage courses, including three-spine stickleback(Gasterosteus aculeatus) and various species of sculpin(Cottus sp.). Other aquatic organisms include a large variety of macroinvertebrates (e.g., mayfly, stonefly, and caddis fly) that are the primary food source for salmonids. Lake Habitat Lake Meridian currently has no direct connection to Big Soos Creek although it is in the Soos Creek watershed. The Washington Department of Fish and Wildlife (WDFW) manages the lake as a"put-and-take" fishery with periodic planting of rainbow trout(Oncorhynchus mykiss)that are raised in WDFW hatcheries. Because of the importance of these sensitive habitat areas, this Shoreline Master Program gives special attention to them. The following policies and regulations apply to the waterbodies addressed in Kent shoreline master program, and the portion of the streams within the two hundred (200) foot shoreline jurisdiction that provide habitat for salmonids. Kent SMP.Section 5.0—General Performance Standards 59 May, 1999 Kent Shoreline Master Program Performance Standards l. Structures and uses shall be allowed in salmonid habitat only if the proponent provides for in-place or in-kind mitigation of impacts to the affected habitat areas. 2. Fish bypass facilities shall allow the upstream migration of adult fish. Fish bypass facilities shall prevent fry and juveniles migrating downstream from being trapped or harmed. 3. Landfills shall not intrude into salmonid habitats, except as provided in regulation 4 below. 4. Landfills may intrude into areas used by salmonids for migration corridors, rearing, feeding, and refuge only where the proponent obtains a conditional use permit and demonstrates that all of the following conditions are met: a. The landfill is for a water-dependent use; b. An alternative alignment, location or technology is not feasible; C. The project is designed to minimize its impacts to the environment; d. The project does not adversely affect salmonid spawning habitat; e. The facility is in the public interest; and f. If the project will create significant unavoidable adverse impacts on habitat,the impacts are mitigated by creating in-kind replacement habitat near the project. Where in-kind replacement mitigation is not feasible, rehabilitation of degraded habitat may be required as a substitute. 5. New water crossing structures (excluding piers and docks)must be designed and constructed in a manner that minimizes impacts to aquatic habitat in lakes and streams. Bridges are the preferred type of water crossing structure, with the following conditions: a. Supports for bridges over streams must be landward of the 100 year floodplain, and only under extreme circumstances may supports be located between the 100 year floodplain and the ordinary high water mark. Under no circumstances shall such supports be located,waterward of the ordinary high water mark, and b. Bridges over sections of the Green River must be full-spanning structures. 6. If a bridge is not feasible for a stream crossing, the City of Kent may allow the use of stream conveyance facilities beneath a crossing subject to a review of site conditions and potential impacts by city staff and state and federal regulatory agencies. All stream conveyance facilities must have natural stream bed materials in the bottom to replicate 60 Kent SMP:Section 5.0—Genera!Performance Standards May, 1999 Kent Shoreline Master Program habitat conditions in the natural stream channel. Due to this requirement, the descending order of priority for stream conveyance facilities is currently as follows: a. Bottomless arch culverts are preferable because they preserve the natural bed of the stream channel; b. If an artificial-bottomed culvert must be used, it is preferable to use an elliptical culvert because it provides a wider channel bottom than a circular culvert; C. If neither a bottomless arch or elliptical culvert can be used, then it is acceptable to use a circular culvert. d. Any culvert used as a crossing structure shall be as short in length as possible, and use vertical head walls instead of mitered ends. The City of Kent may decide on a case-by-case basis what is acceptable for accomplishing a water crossing based on the review of site conditions. The city may also consider the use of new water crossing technologies as they emerge. 7. New in-water utility corridors may be located in salmonid habitat provided the proponent shows that all of the following conditions are met: a. An alternative alignment is not feasible; b. The project is located and designed to minimize its impacts on the environment; C. Adverse impacts caused by the project are adequately mitigated; and d. Any landfill is located landward of the ordinary high water mark. e. Notwithstanding Regulation E of this section, when installing in-water utilities, the installer should reestablish the preconstruction elevation and contour of the lake or stream bed. Placement of fill materials shall be conducted in a manner that minimizes impacts on the environment, and f. The facility is in the public interest. 8. Dredging which will adversely affect habitat used by salmonids for migration corridors, rearing, feeding and refuge shall be allowed only when the proponent obtains a conditional use permit and demonstrates that all of the following conditions are met: a. The dredging is for a water-dependent use; b. An alternative to dredging or an alternative dredging location is not feasible; C. The dredging activities are designed to minimize impacts on the environment; Kent SMP.Section 5.0—General Performance Standards 61 May, 1999 Kent Shoreline Master Program d. The dredging project is in the public interest; and e. If the project will create significant unavoidable adverse impacts on habitat,the impacts are mitigated by creating in-kind replacement habitat near the project. Where in-kind mitigation is not feasible, rehabilitation of degraded habitat may be required as a substitute. 9. Dredging and removal of bed materials below the OHWM is prohibited within salmonid spawning areas. 10. Permanent lake bed or stream channel modifications and realignments are prohibited within salmonid habitats, except when the proposed modifications or realignments are part of a fish habitat restoration or enhancement project which has been reviewed and approved by the Washington Department of Fish and Wildlife, United States Fish and Wildlife Service, or the Army Corps of Engineers. 11. The removal of aquatic and riparian vegetation within or adjacent to salmonid habitat shall be minimized. Areas of disturbed earth shall be revegetated as soon as possible 12. Outfalls within or upstream of salmonid spawning areas shall be designed and constructed to minimize scouring or other disturbance of salmonid spawning beds. 5.8 PUBLIC ACCESS 1. For all shoreline substantial developments within the Urban- River Resource environment, if a public access easement has not already been granted for the Green 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. 4 -. a+wvi ord�h*nJ High V,rwrw ' �ylbl i G AGGNfS i �+4evrlemt i I I • U✓1�i�itd LIno1'C. Figure 5.6 Public access easements. 62 Kent SMP:Section 5.0—General Performance Standards May, 1999 Kent Shoreline Master Program 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. t 1 '• t000 Figure 5.7 Public access to the riverfront shall be provided every 1000 feet. 3. Within the Urban-River Resource environment, 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. 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; Kent SMP.Section 5.0—General Performance Standards 63 May, 1999 Kent Shoreline Master Program 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; and e. Significant undue and unavoidable conflict between any access provisions and the proposed use and/or adjacent uses would occur and cannot be mitigated. 5. Within the Urban- Lake Residential and Urban - Stream Corridor environments, shoreline substantial development permits may require common open space or public access along 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. r Figure 5.8 Public access. 7. Public access provided by shoreline street ends,public utilities and rights-of-way shall not be diminished. 64 Kent SMP.Section 5.0—General Performance Standards May, 1999 Kent Shoreline Master Program 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 profile 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. JI Figure 5.9 Viewing platform. 5.10 OTHER STANDARDS 1. Within the Urban- River Resource environment, loading docks shall not be located on river-facing sides of buildings unless a minimum fifty (50) foot buffer of native vegetation is provided to screen the loading docks from the shoreline. In no case shall staging of trucks or trailers, or outdoor storage or display occur on the river-facing side of a building. Other design and landscaping requirements may be imposed by the Administrator in order to meet the goals 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. Kent SMP:Section 5.0—General Performance Standards 65 May, 1999 Kent Shoreline Master Program 10 no I�rmF. - 'rcCasS ii ' . 7l I lublic. Access 2.00 �- Figure 5.10 Buildings fronting the river are limited to 200 feet in length. 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. OtiwM. 25 rMX i i•tai�►+t• pul,li G t Figure 5.11 Building height is limited to two stories or 25 feet. 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. 66 Kent SMP:Section 5.0—General Performance Standards May, 1999 Kent Shoreline Master Program f I --�- — — — — — — — -- — -- 200' Figure 5.12 Landscape buffers. 5. Surface drainage facilities such as drainage channels and retention areas shall be designed,where feasible,to be integral parts of any common trail or open space system. `N ' /. flood Control G%AnnV't. Figure 5.13 Drainage facilities can be integrated into open space systems. 6. Except for piers, docks, floats, and moorages in the Urban - 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 crossings are permitted only in the Urban - River Resource and Urban- Stream Corridor environments, where a need for such a Kent SMP:Section 5.0-General Performance Standards 67 May, 1999 Kent Shoreline Master Program crossing has been demonstrated, and such crossing shall (a)provide or allow for a safe pedestrian access 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 `"W pedestrian river crossing having a width of no less than six(6) feet. ILL L.Z Figure 5.14 The Meeker Street foot bridge enhances public access along the shoreline. W 68 Kent SMP: Section 5.0—General Performance Standards May, 1999 Kent Shoreline Master Program 6.0 SPECIFIC SHORELINE USE POLICIES AND PERFORMANCE STANDARDS 6.1 AGRICULTURE Agricultural use means land primarily devoted to the commercial production of horticultural, vitcultural, floricultural, dairy, apiary, vegetable, or animal products or of berries, grain, hay, straw,turf seed, Christmas trees not subject to the excise tax imposed by RCW 84.33.100 through 84.33.140, or livestock and that has been in long-term commercial significance for agricultural production. Performance Standards: 1. Erosion control measures shall conform to guidelines and standards established by the Natural Resources Conservation Service of the U.S. Department of Agriculture,the Stormwater Management Manual for the Puget Sound Basin and applicable local regulations and standards. 2. Pesticides shall be used, handled, and disposed of in accordance with applicable 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), as amended,to prevent contamination and sanitation problems. 3. Livestock waste shall be disposed of in a manner that will prevent surface or groundwater contamination, and in compliance with local regulations and standards. 4. Manure lagoons shall maintain a minimum one hundred foot (100) setback from any water body, river, creek, wetland, and if located in the floodplain shall be constructed to an elevation one (1) foot above the base flood level occurring at the site and adequately covered. 5. Manure spreading shall be set back from the shoreline a sufficient distance, no less than fifty (50) feet from the floodway boundary, edge of a wetland or ordinary high water mark, 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 wetland, or floodway edge, whichever is greater. Kent SMP.Section 6.0-Specific Shoreline Use Policies and Performance Standards 69 May, 1999 Kent Shoreline Master Program Lirr,it {or srw, Mwwro Gros L.a$aarti, W � oHW t . ► 3beMG �t.I t Hoed level. I z0� I i 50' I Figure 6.1 Manure setbacks and vegetative buffers. 6.2 AQUACULTURE Aquaculture includes the farming or culturing of food fish, shellfish or other aquatic plants or animals. There are no known aquacultural activities existing or anticipated within the three shoreline environments of Kent. Performance Standard: 1. All aquaculture shall be permitted only as a conditional use. 6.3 BOATING FACILITIES(MARINAS) Boating facilities include marinas, covered moorage, boat houses, mooring buoys, and marine travel lifts for ten(10)or more boats. For regulatory purposes,large community moorage facilities, camp or resort marinas would also be reviewed as marinas. Accessory uses found in marinas may include fuel docks, and storage,boating equipment sales and rental, repair services, public launching,parking, groceries and dry goods. Uses and activities which are associated with boating facilities which are identified as separate uses in this master program(i.e.,Piers and Docks,presented in section 6.9, OVERWATER STRUCTURES) are subject to the regulations established for those uses. Regulations pertaining to public boat launching facilities are found in section 6.11, RECREATIONAL FACILITIES. Currently,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 compatible with adjacent development in any of the shoreline environments of the City. In addition, marinas affect .� 70 Kent SMP:Section 6.0-Specific Shoreline Use Policies and Performance Standards May, 1999 Kent Shoreline Master Program wildlife and fish habitats, although the degree of impact depends on such factors as the type of construction and design, variety and number of boats using the facility and their density and operation characteristics. If environmental or other circumstances along the river change making this type of development feasible and ecologically sound, and development of such facilities is considered in the future, regulations will be established by amendment to this master program. Boating facilities shall be prohibited in the Kent shoreline jurisdiction. 6.4 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 PARKING FACILITIES(Section 6.10). Viral awl "V6ical commmial C6kft1cp~t- �il � . � 2oaal -trail r• Figure 6.2 Commercial buildings shall be set back a minimum of 200 feet from the OHWM. Kent SMP:Section 6.0-Specific Shoreline Use Policies and Performance Standards 71 May, 1999 Kent Shoreline Master Program 2. Building setback lines shall take into account the need for visibility of the riverfront park „- system from public roads at access points. Figure 6.3 Commercial development shall be configured to allow visual and physical access to the shoreline. 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; d. Provisions for public visual and physical access to the shoreline; e. For mixed-use proposals, existing 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. 72 Kent SMP:Section 6.0-Specific Shoreline Use Policies and Performance Standards May, 1999 Kent Shoreline Master Program 6.5 DREDGING Dredging is the removal of earth, gravel, silt or debris from the bottom of a river, stream or other water body or wetland. Dredging material is disposed of on land or into water bodies and may be intended for the purpose of creating new or additional lands for other uses. Dredge spoil varies from clean river sand to organic sludge. While some of this materials is deposited on land, a significant portion is dumped, intentionally or unintentionally,back into the water or immediately adjacent to the water. Of all activities on shorelines, dredging poses one of the greatest threats to water quality and aquatic life. In most cases, dredging occurs in shallow areas and may disturb the aquatic environment in the following ways: (1) temporary reduction of water clarity from suspended sediments, (2) loss of aquatic plants and animals by direct removal or from the sedimentation of suspended materials, (3) alteration of the nutrient and oxygen levels of the water column, and(4) suspension of toxic materials from the sediments into the water column. All dredging activities shall comply with other state and federal regulations, as discussed in the Performance Standards portion of section 5.7 of this master program. Performance Standards: 1. Dredging to obtain bottom materials for the purposes of landfilling is prohibited. 2. Dredging operations shall be scheduled so as to not materially interfere with the life cycle requirements of fish, 3. Dredge material disposal in water bodies shall be prohibited, except for habitat improvement purposes. 4. Dredging and dredge material disposal shall be located and conducted in a manner that minimizes damage to existing ecological values and natural resources of the area to be dredged and of the disposal site. 5. A plan for deposit of dredged materials must be approved by the Shoreline Administrator. 6.6 INDUSTRIAL FACILITIES Industrial facilities include facilities for processing, manufacturing, fabrication,or storage of goods. Kent SMP:Section 6.0-Specific Shoreline Use Policies and Performance Standards 73 May, 1999 Kent Shoreline Master Program Performance Standards: 1. 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 are provided in Section 5.10 (OTHER STANDARDS) of the general performance standards. tri l � Oavt n�a fi - visual Fh S�cal sue" or' ura 'ndu�fYi ro� it Figure 6.4 Industrial development shall be set back a minimum of 200 feet from the OHWM. Building lengths are limited to 200 feet. 2. Building setback lines shall take into account the need for visibility of the riverfront park system from public roads at access points. 3. 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. 6.7 LANDFILL Landfill is the placement of soil, sand,rock, gravel, or the other material to create new land along the shoreline in order to raise the elevation. Landfill is usually considered in locations where the water is shallow and where rooted vegetation often occurs. In their natural condition,these same areas provide valuable habitat for �.. 74 Kent SMP:Section 6.0-Specific Shoreline Use Policies and Performance Standards May, 1999 Kent Shoreline Master Program fish and wildlife feeding, breeding,and shelter. Biologically,the shallow vegetation areas tend to be highly productive portions of the Green River, Lake Meridian, and Big Soos Creek. For these reasons, governmental agencies and scientific experts have generally taken a stand against landfill. A small landfill occurring on dry land landward of the ordinary high water mark, such as a garden or a sandbox, which does not exceed a cost of two thousand five hundred ($2,500) dollars, does not require a shoreline substantial development permit, as noted elsewhere in this Master Program. Landfill development,however, must comply with all other applicable policies and regulations as defined in this master program. Landfill activities not in compliance with this master program 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 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 ordinary high water mark shall be permitted only: Kent SMP:Section 6.0-Specific Shoreline Use Policies and Performance Standards 75 May, 1999 Kent Shoreline Master Program a. In conjunction with a water-dependent or public use permitted by this master program, and for which there is no practical alternative; b. In conjunction with a bridge for which there is a demonstrated public need and where no feasible upland sites, design solutions, or routes exist; C. For fisheries or wildlife enhancement projects; and d. As part of an approved beach restoration project. 4. 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. 5. Where existing public access is reduced, equivalent public access shall be provided as part of the project. 6. Any placement or removal of materials landward of the ordinary high water mark shall comply with the general performance standards in section 5.3 (Clearing and Grading). 6.8 MINING 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 shoreline jurisdiction. If such uses are proposed in the future,regulations will be established by amendment to this master program. Mining is a prohibited use activity within all environments of the Kent shoreline jurisdiction. 6.9 OVERWATER STRUCTURES: PIER,DOCKS,FLOATS,BUOYS Piers and docks are structures which abut the shoreline and are used as a landing or moorage place for commercial transport and pleasure craft. Piers are built on fixed platforms supported by piles above the water, while docks float upon the water. Recreational floats are also addressed in this section. These floats are anchored off-shore platforms used for water-dependent recreational activities such as swimming and diving. Various mooring systems are discussed, including moorage piles. Moorage piles are single piles located offshore to which a boat can be tethered. Launching ramps and lift stations used to place and remove boats from the water, and covered moorage are also discussed. Buoys are floating devices anchored to a lake or river bottom used for navigational purposes or moorage. 76 Kent SMP.Section 6.0-Specific Shoreline Use Policies and Performance Standards May, 1999 Kent Shoreline Master Program Currently, all of these overwater structures are present along the shorelines in Kent. All of these types of facilities have positive and negative environmental aspects. Floating docks generally have less of a visual impact on the shoreline than piers or pilings. However, docks interrupt littoral drift of sediments and other suspended materials and, in rivers, can starve down- current beaches where pile piers do not. Pile piers can provide diverse habitat for both desirable and undesirable aquatic life. Docks and piers alike create impediments to boat traffic. Pier construction requires regulation to protect navigation rights, to protect shoreline aesthetics, and to maintain the useable water surface and aquatic lands for life forms characteristic and important to those areas. The majority of the private residences along the Lake Meridian shoreline currently have docks or piers. A public swimming and fishing pier also exists at Lake Meridian Park. Regulations pertaining to structures that extend over water in conjunction with other shoreline activities (i.e., bridge construction crossing over water, etc.) are provided in their respective section of this master program, including Section 5.10 (Other Standards) of Chapter 5, General Performance Standards. Exemptions A dock is a landing and moorage facility for watercraft and does not include recreational decks, storage facilities or other appurtenances. Construction of a dock, including a community dock, designed for private,noncommercial pleasure craft, common to a single family, duplex, and multiple-family residence, and costing less than ten thousand($10,000)dollars and not exceeding $2,500 in subsequent work completed within five year of the prior construction are exempt from the requirement for a shoreline substantial development permit pursuant to RCW 90.58.030(3)(e)(vii) and WAC 173-27-040(2)(c). The City will review all development proposals for piers and docks to determine if- 1. The proposal is or is not exempt from the requirement for a substantial development permit; 2. The proposal is suitably located and designed and that all potential impacts have been recognized and mitigated; and 3. The proposal is consistent with the intent, policies, and regulations of the Act, RCW 90.58.10(12), and this master program_ Performance Standards: 1. Overwater structures are prohibited in the Urban—River Resource environment and the Urban—Stream Corridor environment, except as provided for in Section 5.10. 2. Overwater structures may be permitted in the Urban—Residential Lake environment, provided_ Kent SMP:Section 6.0-Specific Shoreline Use Policies and Performance Standards 77 May, 1999 Kent Shoreline Master Program a. Overwater structures which are not accessory to a residential use require a conditional use permit, b. No residential dwelling unit may be constructed on a pier, dock or other moorage 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 i. No pier, dock, moorage, float,or launching facility or structure authorized by this master program may be located nor extend further waterward of the ordinary high water mark than one-fourth(1/4t')the total distance from the shoreline associated with the structure to the opposite shoreline. This total distance shall be measured from the point where the authorized structure abuts the ordinary high water mark to the nearest opposite ordinary high water mark as measured along a straight line;provided, when the structure does not abut the ordinary high water mark,the distance from one ordinary high water mark to the opposite one ordinary high water mark shall be measured along the shortest straight line passing through the center of that structure which commences from the property line associated with the structure. ii. No pier, moorage, float, or overwater structure or device shall be located closer than five (5) feet from the side property line extended, except that such structures may abut property lines from the common use of adjacent property owners when mutually agreed upon by the property owners in a contract recorded with the King County Assessor's Office. A copy of this agreement shall be submitted to the City of Kent Planning Department and accompany an application for a building permit or a shoreline permit. Such joint use piers may be permitted up to twice the surface area allowed by this title. iii. No pier, including finger pier,moorage, float, or overwater structure or device shall be wider than fifty percent(50%) of the lot with which it is associated. iv. All piers, docks,..moorages, floats,or other such structures shall float at all times on the surface of the water or shall be of open pile construction, provided no portion of the deck of a pier shall, during the course of the normal fluctuations of the elevation of the water body,protrude more than 78 Kent SMP:Section 6.0-Specific Shoreline Use Policies and Performance Standards May, 1999 Kent Shoreline Master Program five (5) feet above the ordinary high water mark, except as provided for in section 6.9 2(g). f. All overwater structures shall be constructed and maintained in a safe and sound condition. Abandoned or unsafe overwater structures shall be removed or repaired promptly by the owner. g. Lighting associated with overwater structures shall be beamed, hooded or directed to avoid causing glare on adjacent properties or water bodies. h. Piles, floats or other structures in direct contact with water shall not be treated or coated with herbicides, fungicides, paint, or pentachlorophenol. Use of wood members treated with arsenate compounds or creosote is discouraged and shall only be allowed in accordance with the following provision: i. Untreated wood,precast concrete or other nontoxic alternatives shall be used unless the applicant can demonstrate that no feasible alternative to toxic treatments is available which will provide the structural characteristics necessary for the project. i. Temporary moorages shall be permitted for vessels used in the construction of shoreline facilities. The design and construction of such moorages shall be such that upon termination of the project,the aquatic habitat in the affected area can be returned to its original (pre-construction) condition within one (1) year at no cost to the environment or the public. j. Overwater Structures Accessory to Single Family Residential Development i. Piers, moorages, floats or launching facilities may be permitted accessory to a single-family residence, provided: a. Piers and Docks. 1. Private single residence piers for the sole use of the property owner shall not be considered an outright use on the Lake Meridian shoreline. A pier may be allowed when the applicant has demonstrated a need for moorage and that the following alternatives has been investigated and is not Available or feasible: a. Floating moorage buoys; b. Joint use moorage pier. 2. No more than one (1)pier for each lot or lots containing a residential dwelling unit on Lake Meridian, and no more Kent SMP:Section 6.0-Specific Shoreline Use Policies and Performance Standards 79 May, 1999 Kent Shoreline Master Program than one (1)pier for each lot or lots with recorded easement access to the lake as of January 1, 1999, is permitted. 3. On lots with less than fifty(50) feet of waterfront, only joint use piers shall be permitted, except where both lots abutting the subject lot have legally established piers and docks. Only in this case may the lot with less than fifty (50) feet of waterfront be permitted an individual pier or dock. 4. Length. The maximum waterward intrusion of any portion of any pier shall be one hundred and twenty (120) feet or the point where the water depth is thirteen(13) feet below the ordinary high water mark, whichever is reached first. b. Moorage piles are permitted with the following limitations: 1. All piles shall be placed so as not to constitute a hazard to navigation; 2. All piles shall be located within twenty (20) feet of a pier; 3. No pile shall be placed more than one hundred and twenty (120)feet waterward from the ordinary high water mark or in a water depth of thirteen(13) feet below the ordinary high water mark, whichever is reached first; 4. The height of the piles shall be between two (2) and six (6) feet above the ordinary high water mark; and 5. No more than two (2) moorage piles per residence are permitted. C. Launching ramps, launching rails, and lift stations are limited by the following conditions: 1. The maximum waterward intrusion of any portion of any launching ramp, launching rail, or lift station shall be sixty (60)feet, or to the point where the water depth is eight(8) feet below the ordinary high water mark, whichever is reached first. 2. Launching rails shall be anchored to the ground with the use of tie-type construction. Asphalt or concrete ramps or other ramps which solidly cover the water body bottom are not permitted. 80 Kent SMP.Section 6.0-Specific Shoreline Use Policies and Performance Standards May, 1999 Kent Shoreline Master Program 3. No more than one (1) launching rail per single-family residence is permitted. d. Floats may be permitted as an accessory to residential development, under the following conditions: 1. One (1) float per single family residence is permitted. 2. Floats may be located up to a maximum waterward distance of one hundred and fifty (150) feet, or at the point where the water depth is thirteen(13) feet below the ordinary high water mark,whichever is reached first. 3. Retrieval lines shall not float at or near the surface of the water. 4. Area. No float shall have more than one hundred and fifty (150) square feet of surface area. 5. Height. Floats must be built so that the deck surface is one (1) foot above the water's surface and they must have reflectors for nighttime visibility. e. Excavated Moorage Slips. Excavated moorage slips are prohibited in all Kent shoreline environments. f. Total Surface Area. The total surface area of piers,moorages, floats, and/or launching facilities, or any combination thereof shall not exceed eight hundred(800) square feet of surface area. g. Covered Moorage. Covered moorage, including canopies on submerged, free-standing mechanical boat lifts associated with single-family residential piers and recreational watercraft, are permitted in the Urban-Lake Residential environment, provided: i. No roof or canopy shall be more than twenty-five (25) feet in length or wider than twelve (12) feet; ii. No portion of the roof or canopy shall exceed a height of nine (9) feet above the ordinary high water mark; iii. The roof or canopy shall at no time have any side partly or wholly enclosed; iv. Canopies and roofs shall be of a solid color and should be of a shade that is unobtrusive; Kent SMP.Section 6.0-Specific Shoreline Use;Policies and Performance Standards 81 May, 1999 Kent Shoreline Master Program V. Only one(1) covered moorage per single family residence shall be allowed; vi. Covered moorage supported by piles shall be located as close to shore as possible and in no case shall any portion of the covered moorage extend further waterward than sixty (60) feet from the ordinary high water mark; and vii. Covered moorage shall be located on the side of the pier or dock closest to the center of the lot's shoreline. k. Overwater Structures Accessory to Duplex, Multifamily, and Planned Unit Development i. Piers, moorages, floats or launching facilities may be permitted accessory to a duplex and multifamily residence,provided: a. Piers and Docks 1. No more than one (1)pier for each one hundred (100) feet of shoreline associated with the duplex and multifamily development, subdivision, short subdivision, or planned unit development is permitted. 2. The total number of moorage spaces shall be limited to one (1)moorage space for every two (2) dwelling units in the duplex and multifamily development, subdivision, short subdivision, or planned unit development provided no more than twenty (20) moorage spaces shall be permitted . b. Length and Dimensions i. The maximum waterward intrusion of any portion of any pier shall be eighty (80) feet, or the point where the water depth is thirteen(13) feet below the ordinary high water mark,whichever is reached first. ii. The minimum width of each pier shall be five (5) feet. C. Moorage piles not constructed in conjunction with a pier are prohibited in all Kent shoreline environments. d. Launching ramps, launching rails, and lift stations are limited by the following conditions: 82 Kent SMP.Section 6.0-Specific Shoreline Use Policies and Performance Standards May, 1999 Kent Shoreline Master Program 1. The maximum waterward intrusion of any portion of any launching ramp, launching rail, or lift station shall be sixty (60) feet, or to the point where the water depth is eight(8) feet below the ordinary high water mark, whichever is reached first. 2. Launching rails shall be anchored to the ground with the use of tie-type construction. Asphalt or concrete ramps or other ramps which solidly cover the water body bottom are not permitted. 3. No more than two (2) common use launching ramps or launching rails for each one hundred(100) feet of shorelines of the state associated with the duplex and multifamily development, short subdivision, subdivision or planned unit development is permitted. d. Common use floats may be permitted as an accessory to duplex and multifamily residential development,under the following conditions: 1. One (1) float per duplex and multifamily development, subdivision, short subdivision, or planned unit development is permitted. 2. Floats may be located up to a maximum waterward distance of eighty (80) feet, or at the point where the water depth is thirteen(13) feet below the ordinary high water mark, whichever is reached first. 3. Retrieval lines shall not float at or near the surface of the water. 4. Area. No float shall have more than one hundred and fifty (150) square feet of surface area. 5. Height. Floats must be built so that the deck surface is one (1)foot above the water's surface and they must have reflectors for nighttime visibility. e. Excavated moorage slips shall not be permitted accessory to duplex and multifamily development or as common use facilities accessory to subdivisions, short subdivisions, or planned unit developments. f. Covered Moorage. No covered pier, covered float, or other covered structure accessory to duplex and multifamily Kent SMP.Section 6.0-Specific Shoreline Use Policies and Performance Standards 83 May, 1999 Kent Shoreline Master Program developments, subdivision, short subdivision, or planned unit development is permitted waterward of the ordinary high water , mark. 6.10 PARKING FACILITIES Parking facilities are areas for the temporary storage of motor vehicles. The following provisions apply only to parking that is accessory to a permitted shoreline use. Parking as a primary use and parking which serves a use not permitted in the shoreline jurisdiction 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) feet inland from the centerline of a dike, whichever is greater. rcare6r iST7�NGG I �vr►i� I y�crf iC� t'b'�bl• �•�' OtiWM dQ I I I I f 75r t I � � too r Figure 6.7 Parking is limited to the greatest distance determined by(1) 100 feet from OHWM;(2)60 feet from scenic road;or(3)75 feet from centerline of dike. 3. Parking facilities shall be designed and landscaped to minimize adverse impacts upon adjacent 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 Shoreline Master Program. 84 Kent SMP:Section 6.0-Specific Shoreline Use Policies and Performance Standards May, 1999 Kent Shoreline Master Program f led builditn$ Sctback. poi FAHCi q Sctback. around f,;krki%. Figure 6.8 A minimum 50 foot buffer of native vegetation is required to screen parking areas. 4. Exterior parking facilities for nonresidential uses shall be landscaped with vegetation in such a manner that plantings provide effective screening within three (3) years of project completion. 5. Parking facilities shall provide adequate facilities to control surface water runoff and to prevent it from contaminating water bodies. 4•0fi fyatio► , " 5'urdle 0 r Figure 6.9 Biofiltration swales provide treatment of runoff from parking areas. Lighting should be hooded or directed to minimize glare. Kent WR Section 6.0- Specific Shoreline Use Policies and Performance Standards 85 May, 1999 Kent Shoreline Master Program 6. Lighting associated with parking facilities shall be beamed, hooded or directed to avoid causing glare on adjacent properties or water bodies. 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 applies to both public and private noncommercial shoreline recreational facilities (excluding private residences) in Kent. 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 sixty (60) feet from the right-of-way of a scenic and recreational drive, or seventy-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 PARKING FACILITIES (Section 6.10). 2. 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 minimum public access intervals are required in the Urban—Residential Lake environment(Lake Meridian) or the Urban—Stream Corridor environment(Big Soos Creek). 4. In the Urban River Resource environment(Green River), public 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. Figure 6.10 Recreation facilities along the river should connect to trail system. 86 Kent SMP:Section 6.0-Specific Shoreline Use Policies and Performance Standards May, 1999 Kent Shoreline Master Program ,- 6. All recreational developments shall make adequate provisions for: a. Motorized, nonmotorized and pedestrian access; b. The prevention of trespass onto adjacent properties, including but not limited to landscaping and, where appropriate, fencing; C. Signs indicating the publics' right of access to shoreline areas, installed and maintained in conspicuous locations at the point of access and the entrance; and d. Buffering of such development from adjacent private property or natural areas. 7. In approving shoreline recreational developments, the City shall ensure that the development will maintain, enhance, or restore desirable shoreline features. 8. Swimming areas shall be separated from boat launch areas. 9. The construction of swimming facilities,piers, moorages, floats and launching facilities waterward of the ordinary high water mark shall be governed by the regulations relating to overwater structure construction in the that section of this SMP. 10. Public boat launching facilities may be developed,provided the streets and parking facilities serving the proposed facility can safely and conveniently handle the traffic generated by such a facility. 6490f, K4XAK, 9*r Figure 6.11 Public boat launch areas. Kent SMP:Section 6.0-Specific Shoreline Use Policies and Performance Standards 87 May, 1999 Kent Shoreline Master Program 6.12 RESIDENTIAL DEVELOPMENT Residential development means the creation of one or more buildings, structures, lots, parcels or portions thereof which are used or intended to be used for residential occupancy. This development includes single family, duplex, and multifamily dwellings, as well as accessory uses and structures normally applicable to residential uses located landward of the ordinary high water mark, including,but not limited to, swimming pools, garages, sheds, guest cottages, fences,hot tubs, and saunas. Permit Exemptions A substantial development permit is not required for construction within shoreline jurisdiction by an owner, lessee or contract purchaser of a single family residence for his own use or the use of his family. However, such construction and all normal appurtenant structures must otherwise conform to this master program. Development associated with an accessory dwelling unit is not exempt from a shoreline permit. Performance Standards: l. Single family, duplex, and multifamily development are permitted in the shoreline jurisdiction, subject to the general regulations of this Shoreline Master Program, provided: a. Single family development, duplex development, or multifamily development is permitted in the underlying zone classification; and b. Accessory dwelling units are permitted, as allowed in the underlying zoning, in the shoreline jurisdiction, but require a shoreline permit. C. Residential development, including floating homes, shall be prohibited waterward of the ordinary high water mark 2. Structures or other development accessory to residential uses are permitted in the shoreline jurisdiction, subject to the provisions of the City's zoning code. Bulk Regulations for Development 3. Parking facilities associated with residential development are subject to the specific performance standards set forth in the section on PARKING FACILITIES (Section 6.10). 4. Residential structures shall not be located on wetlands or in other sensitive areas. Where developments contain such areas,they shall be used only for the purpose of parks, open space or recreational activity which is consistent with the preservation of the sensitive area, and local regulations. 88 Kent SMP:Section 6.0-Specific Shoreline Use Policies and Performance Standards May, 1999 Kent Shoreline Master Program 5. Urban - River Resource Environment and Urban Stream Corridor u a. Residential development shall maintain a minimum setback of one hundred (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)feet inland from the centerline of a dike, whichever is greater. 6. Urban- Lake Residential Environment a. Residential structures shall be set back from the ordinary highwater mark a distance equal to the average of the setbacks for existing dwelling units within fifty(50) feet of side property lines. If there is only one or no dwelling units within fifty (50) feet of side property lines, a twenty-five (25) foot minimum shoreline setback requirement shall apply. No residence shall be required to be set back more than seventy-five (75) feet from the ordinary high water mark, unless a larger buffer is required by the Kent critical areas regulations (KCC 11.05). Any further setback reduction beyond that allotted in this section shall require approval of a shoreline variance application. b. Accessory structures shall not be greater than eight (8) feet in height, nor cover more than one hundred and fifty(150) square feet in area 6.13 SHORELINE STABILIZATION Shoreline stabilization is action taken to reduce adverse impacts caused by current, flood, wake or wave action and includes structural and nonstructural techniques. Shoreline stabilization and protection activities may also be undertaken to restore and enhance habitat areas. Structural solutions generally include a combination of predominantly nonnaturally occurring materials such as concrete, metal girding or reinforcements, wire meshing, etc., while a nonstructural solution generally requires use of natural materials and/or processes aimed at stabilizing the shoreline. Many of these techniques are currently being used in the City of Kent, or are techniques that could be used to address local shoreline issues. Beach Restoration or Enhancement Beach enhancement is the alteration of exposed and submerged shorelines for the purpose of stabilization, recreational enhancement, and or/aquatic habitat creation or restoration using native or similar material. 13 Soil Bioengineering In Kent, soil bioengineering techniques may be applied to areas such as the Green River and Big Soos shorelines, and possibly Lake Meridian, and the upland areas away from the immediate shoreline. Kent SMP.Section 6.0-Specific Shoreline Use Policies and Performance Standards 89 May, 1999 Kent Shoreline Master Program Revetments(Riprap) A revetment is a sloped shoreline structure built to protect an existing eroding shoreline or newly placed fill against waves,wakes, currents, or weather. 13 Bulkheads Uses and activities related to bulkheads which are identified as separate use activities in this program, such as LANDFILL and RESIDENTIAL DEVELOPMENT, are subject to the regulations for those uses in addition to the standards for bulkheads established in this section. 13 Rock Weirs,Jetties, and Groins These types of structures obstruct sand and sediment carried by the littoral drift action along shorelines. Trapping sand will effect plant and animal life to some degree. In areas of significant sand migration along the shoreline, sand may cover aquatic life while the consequential effects in other areas may be very small. Seasonal changes in wind direction,the locations of sources of beach parent material, and the quantity of sand and sediment trapped by such structures affect the degree of impacts they may have. Exemptions The following uses and activities related to shoreline stabilization are exempt from the requirement to obtain a substantial development permit but must otherwise comply with applicable provisions of the Shoreline Management Act and this local master program. These exemptions, along with additional exemptions,are discussed in Chapter 7 (Administration)of this Master Program). 13 Normal Protective Bulkhead. Emergency Construction Necessary To Protect Property From Damage By The Elements. Dikes,Ditches, and Drains- Operation and Maintenance Watershed Restoration Projects Performance Standards: 1. Such works shall provide for escapement of fish after high water. 90 Kent SMP:Section 6.0-Specific Shoreline Use Policies and Performance Standards May, 1999 Kent Shoreline Master Program N -t�p�rin� Asti at �.larbl, isvGls. -F1c�z1 lrvc2. �1aed cov►1'►71 . v�orks Figure 6.12 Racks can be used in shore defense works to prevent trapping fish after high water. 2. Shoreline stabilization and modification projects shall provide evidence of all efforts to avoid adverse impacts to the environment, minimize all adverse impacts, and mitigate all adverse impacts as required by the City. �r 3. If public funds are used in the construction of shoreline stabilization and protection projects, including dikes, levees, and flood walls,public rights-of-access to such works are required prior to construction, if compatible with protection of shoreline resources. 4. Beach Restoration and Enhancement a. Beach enhancement may be permitted when the applicant has demonstrated that the project will not detrimentally interrupt littoral processes,redirect waves, current, or sediment to other shorelines, or adversely affect adjacent properties or habitat. b. Natural Beach Restoration/Enhancement i. Design Standards. Natural beach restoration/enhancement shall not: a. Extend waterward more than the minimum amount necessary to achieve the desired stabilization; b. Disturb significant amounts of valuable shallow water fish/wildlife habitat without appropriate mitigation of the impacts. ii. Natural Beach Restoration Construction Standards. Kent SMP:Section 6.0-Specific Shoreline Use Policies and Performance Standards 91 May, 1999 Kent Shoreline Master Program a. The size and/or mix of new materials to be added to a beach shall be as similar as possible to that of the natural beach sediment, but large enough to resist normal current, wake, or wave action at the site. b. The restored beach shall approximate, and may slightly exceed, the natural beach width, height, bulk or profile (but not as much as to obviously create additional dry land). iii. Beach enhancement is prohibited within fish and/or wildlife spawning, nesting, or breeding habitat that would be adversely affected by it and also where littoral drift of the enhancement materials would adversely affect adjacent spawning grounds or other areas of biological significance. 5. Soil Bioengineering a. All soil bioengineering projects shall use native plant materials appropriate to the specific area including trees, shrubs, and grasses, unless demonstrated infeasible for the particular site. b. All cleared areas shall be replanted immediately following construction and irrigated(if necessary) to ensure that within three (3)years time all vegetation is ninety(90)percent reestablished. Areas that fail to adequately reestablish vegetation shall be replanted with approved plant materials until such time as the plantings are viable. �--° C. Bank stabilization in the form of a vegetated buffer zone shall be maintained for a minimum of three (3)years. The buffer zone shall exclude activities that could disturb the site. The most effective buffer zone protection measure is fencing. d. All construction and planting activities shall be scheduled to minimize impacts to water quality and fish and wildlife aquatic and upland habitat and to optimize survival of new vegetation. 6. Revetments (Riprap) a. When permitted, the siting and design of revetments shall be performed using appropriate engineering principles, including guidelines of the U.S.Natural Resources Conservation Service and the U.S. Army Corps of Engineers. b. All forms of revetments shall be constructed and maintained in a manner that does not degrade water quality and/or fisheries habitat. C. Bank revetments,where permitted, shall be placed at the extreme edge or bank of the shoreline. d. Design of the proposed revetment shall incorporate proper consideration of. 92 Kent SMP:Section 6.0-Specific Shoreline Use Policies and Performance Standards May, 1999 Kent Shoreline Master Program 1. Data on local geophysical conditions; 2. Data on stream or current flow, velocity, and/or flood capacity; and 3. Effects on adjacent properties. This consideration shall include avoidance,minimization, and mitigation (as defined by the City) of all adverse impacts resulting from the project. 7. Bulkheads a. Bulkhead design and development shall conform to all other applicable local, state, and federal agency regulations, including the criteria of the state Department of Fish and Wildlife, governing the design of bulkheads. b. Bulkheads are permitted on the Lake Meridian shoreline, but are prohibited on the Green River and on the Big Soos shorelines. C. On all shorelines, bulkheads shall not be placed waterward of the ordinary high water mark. In addition: i. On shorelines where no other bulkheads are adjacent, the construction of a bulkhead shall be as close to the bank as possible and in no case shall be more than three (3) feet from the toe of the natural bank. ii. Bulkheads may tie in flush with existing bulkheads on adjoining properties, provided that: 1) the adjoining bulkheads were built at or near the ordinary high water mark, and 2)the new bulkhead does not extend more than three (3) feet waterward of ordinary high water mark at any point. If there is an existing bulkhead on only one of the adjacent properties, the proposed bulkhead may tie in flush with the adjacent bulkhead at, or landward of,the ordinary high water mark and shall be contoured to minimize the land area waterward of the required setback(as described in condition c.1. above),which shall be met on the side not abutting an existing bulkhead. iii. The maximum height of the proposed bulkhead shall be no more than four (4) feet above the ordinary high water mark of Lake Meridian. d. Replacement bulkheads may be located immediately in front of and abutting (i.e., sharing a common surface) an existing bulkhead, except where replacement bulkheads abut an abandoned or neglected bulkhead or a bulkhead in serious disrepair that is located more than three (3) feet waterward of the ordinary high water mark. Replacement of such bulkheads shall be located at the ordinary high water mark. Kent SMP.Section 6.0-Specific Shoreline Use Policies and Performance Standards 93 May, 1999 Kent Shoreline Master Program e. New bulkheads shall be allowed only when evidence is presented that conclusively demonstrates that one (1)of the following conditions exists: i. Serious wave erosion threatens an established use or existing building(s) on upland property; or ii. Bulkheads are necessary to the operation and location of water-dependent and water-related activities consistent with this master program, provided that all alternatives have proven infeasible (i.e.,use relocation, use design, nonstructural shore stabilization options) and that such bulkheads meet other policies and regulations of this chapter; or iii. Proposals for bulkheads have first demonstrated that use of natural materials and processes and nonstructural solutions to bank stabilization are unworkable in protecting existing development. f. When a bulkhead is required at a public access site,provisions for safe access to the water shall be incorporated into bulkhead design. g. Stairs or other permitted structures may be built into a bulkhead,but shall not extend waterward of it. h. Fill behind bulkheads shall be limited to an average of one (1)cubic yard per running foot of bulkhead. Any filling in excess of this amount shall be considered -. landfill and shall be subject to the policies and regulations pertaining to landfill activities in this master program 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. 94 Kent SMP:Section 6.0-Specific Shoreline Use Policies and Performance Standards May, 1999 Kent Shoreline Master Program CGE55 ti •aaA Figure 6.13 Signage should be placed and designed to minimize the impact on vistas and viewpoints. Performance Standards: 1. Signs shall comply with the City's sign ordinance (Chapter 15.06 KCC), except as follows: a. All signs shall be located and designed to minimize interference with vistas, viewpoints and visual access to the shoreline. b. Temporary or obsolete signs shall be removed within ten(10) days of elections or termination of any other functions. Examples of temporary signs include: real estate signs, directions to events,political advertisements, event or holiday signs, and construction signs. 2. Allowable Signs. The following types of signs may be allowed in all shoreline environments: a. Water navigational signs, and highway signs necessary for operation, safety and direction. b. Public information signs directly relating to a shoreline use or activity, or educational and interpretive signs associated with an adjacent trail system, park, or open space. C. Off-premise, freestanding signs for community identification, information, or directional purposes. Kent SMP:Section 6.0-Specific Shoreline Use Policies and Performance Standards 95 May, 1999 Kent Shoreline Master Program d. National, site and institutional flags or temporary decorations customary for special holidays and similar events of a public nature. 3. Prohibited signs. The following signs are prohibited in the shoreline environment: a. Off-premise signs and billboards; b. Banners, streamers,pennants and balloons; C. Animated,blinking or flashing signs. d. Signs placed on trees or other natural features. 4. Lighted signs shall be hooded,shaded,or aimed so that direct light will not result in glare when viewed from surrounding properties or watercourses. 6.15 TRANSPORTATION FACILITIES Transportation facilities are those structures and developments that aid in land, air, and water surface movement of people, goods,and services. They include, but are not limited to, roads and highways, bridges,bikeways,trails, and trestles, and associated development such as ramps or culverts. Performance Standards: 1. New rail lines are prohibited within Kent shoreline environments. 2. New road and bridge construction in the shoreline jurisdiction shall be minimized and allowed only when related to and necessary for the support of permitted shoreline activities. 3. Expansion of existing roadways shall be allowed only when the proponent obtains a conditional use permit and demonstrates that: a. No alternative route is feasible; 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 interest. 4. Along the Green River shoreline: a. Roads extending along the shoreline shall be limited to two lanes; 96 Kent SMP.Section 6.0-Specific Shoreline Use Policies and Performance Standards May, 1999 Kent Shoreline Master Program 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; 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. MOO IRMUL AM 2-b�r1e -Irs►il sccnic, d ri vG s 'cr►� Figure 6.13 Access to and from developments shall not include connections to scenic and recreational roads. 5. Whenever feasible, road routes shall make provisions for pedestrian and bicycle traffic. 6. Road designs must provide safe pedestrian and nonmotorized vehicular crossings where public access to the shoreline and trail systems is intended. 7. Streets within the shoreline jurisdiction shall be designed with the minimum pavement area required. Gravel and more innovative materials shall be used where feasible for pathways and road shoulders to minimize the amount of impermeable surfaces and help to maintain a more natural appearance. 8. Transportation and primary utility facilities shall be required to make joint use 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. Kent SMP:Section 6.0-Specific Shoreline Use Policies and Performance Standards 97 May, 1999 Kent Shoreline Master Program 10. Any road expansion affecting streams and waterways shall be designed to allow fish passage and minimum impact to habitat. 11. 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 codes and Federal Aviation Administration standards and requirements for fuel, oil spills, safety and fire fighting equipment, noise, and vehicle and pedestrian and swimmer separation. 13. Heliport facilities and services are prohibited in the Kent shoreline jurisdiction. 6.16 UTILITIES Utilities are services or facilities which produce, transmit, or carry electric power, gas, sewage, communications,water and oil. The Utilities category includes both"primary"and"accessory" utilities. Primary utilities serve an area beyond the immediate shoreline jurisdiction, such as solid waste handling and disposal,power generating or transfer facilities, gas distribution lines and storage facilities, and high tension utility lines. Accessory utilities provide service to shoreline uses, such as power,telephone, cable,water, sewer, and stormwater lines and systems. 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 area,the location and design shall be chosen so as not to destroy or obstruct scenic views. Type of screening required 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, important wildlife areas, and other unique and fragile areas. 6. Utility facilities shall avoid disturbance of unique and fragile areas, as well as wildlife spawning,nesting and rearing areas. If no alternative routing of utilities is available, mitigation measures shall be required. 7. Solid waste disposal is prohibited within the shoreline. 98 Kent SMP.Section 6.0-Specific Shoreline Use Policies and Performance Standards May, 1999 Kent Shoreline Master Program 8. The location and construction of outfalls shall comply with all appropriate federal, state, county, and city regulations. Kent SMP:Section 6.0-Specific Shoreline Use Policies and Performance Standards 99 May, 1999 Kent Shoreline Master Program 100 Kent SMP:Section 6.0-Specific Shoreline Use Policies and Performance Standards May, 1999 Kent Shoreline Master Program 7.0 ADMINISTRATION 7.1 PURPOSE There is hereby established an administrative system designed to assign responsibilities for implementation of Kent's Master Program 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 Kent's Master Program are treated in a fair and equitable manner. 7.2 SUBSTANTIAL DEVELOPMENT Any person wishing to undertake substantial development within the shoreline shall submit materials for a preapplication conference as required under KCC 12.01.040 and 12.01.080,then shall apply to the Administrator for a shoreline substantial development permit. Development is defined by RCW 90.58.030(3)(d) 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. Substantial development is any development of which the total cost or fair market value exceeds two thousand five hundred dollars ($2,500.00)or, for docks built in fresh water, the fair market value exceeds $10,000, or any development which materially interferes with the normal public use of the water or shorelines of the state, except for those developments listed in WAC 173-27-040. 7.3 EXEMPTIONS Certain developments are exempt from the requirement to obtain a substantial development permit. Such developments 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 173-27-040 and 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 dollars, if such development does not materially interfere with the normal public use of the water or shorelines of the state. For purposes of determining whether or not a permit is required,the total cost or fair market value shall be based on the value of development that is occurring on shorelines of the state as defined in RCW 90.58.030 (2)(c). The total cost or fair market value of the development shall include the fair market value of any donated, contributed or found labor, equipment or materials; Kent SMP:Section 7.0—Administration 101 May, 1999 Kent Shoreline Master Program 2. Normal maintenance or repair of existing structures or developments,including damage by accident,fire or elements. Replacement of a structure or development may be authorized as repair where such replacement is the common method of repair for the type of structure or development and the replacement structure or development is comparable to the original structure or development including but not limited to its size, shape,configuration, location and external appearance and the replacement does not cause substantial adverse effects to shoreline resources or environment; 3. Construction of the normal protective bulkhead common to single-family residences. A normal protective bulkhead is not exempt if constructed for the purpose of creating dry land. When a vertical or near vertical wall is being constructed or reconstructed,not more than one(1)cubic yard of fill per one(1)foot of wall may be used as backfill. When an existing bulkhead is being repaired by construction of a vertical wall fronting the existing wall,it shall be constructed no further waterward of the existing bulkhead than is necessary for construction of new footings. When a bulkhead has deteriorated such that an ordinary high water mark has been established by the presence and action of water landward of the bulkhead then the replacement bulkhead must be located at or near the actual ordinary high water mark. Beach nourishment and bioengineered erosion control projects may be considered a normal protective bulkhead when any structural elements are consistent with the above requirements and when the project has been approved by the Department of Fish and Wildlife. 4. Emergency construction necessary to protect property from damage by the elements. Emergency construction does not include development of new permanent protective structures where none previously existed. Where new protective structures are deemed by the administrator to be the appropriate means to address the emergency situation,upon abatement of the emergency situation the new structure shall be removed or any permit which would have been required,absent an emergency,pursuant to chapter 90.58 RCW, these regulations, or the local master program,obtained. All emergency construction shall be consistent with the policies of chapter 90.58 RCW and the local master program. As a general matter,flooding or other seasonal events that can be anticipated and may occur but that are not imminent are not an emergency; 5. Construction and practices normal or necessary for farming,irrigation,and ranching activities, including agricultural service roads and utilities on shorelands, construction of a barn or similar agricultural structure,and the construction and maintenance of irrigation structures including,but not limited to,head gates,pumping facilities,and irrigation channels: provided that a feedlot of any size,all processing plants,other activities of a commercial nature, alteration of the contour of the shorelands by leveling or filling other than that which results from normal cultivation,shall not be considered normal or necessary farming or ranching activities. A feedlot shall be an enclosure or facility used or capable of being used for feeding livestock hay, grain,silage,or other livestock feed,but shall not include land for growing crops or vegetation for livestock feeding and/or grazing, nor shall it include normal livestock wintering operations; 102 Kent SMP.Section 7.0—Administration May, 1999 i Kent Shoreline Master Program 6. Construction or modification,by or under the authority of the Coast Guard or a designated port management authority,of navigational aids such as channel markers and anchor ` buoys; 7. Construction on shorelands by an owner, lessee or contract purchaser of a single-family residence and related appurtenances for their own use or for the use of their family,which residence does not exceed a height of thirty-five(35)feet above average grade level and which meets all requirements of the state agency or local government having jurisdiction thereof. Construction authorized under this exemption shall be located landward of the ordinary high water mark; 8. Construction of a dock, including a community dock, designed for pleasure craft only,for the private noncommercial use of the owners,lessee,or contract purchaser of a single- family and multiple-family residences. This exception applies if,in fresh waters,the fair market value of the dock does not exceed ten thousand dollars($10,000). However,if subsequent construction having a fair market value exceeding two thousand five hundred ($2,500)dollars occurs within five(5)years of completion of the prior construction,the subsequent construction shall be considered a substantial development for the purpose of this chapter. 9. Operation,maintenance, or construction of canals,waterways, drains,reservoirs, or other facilities that now exist or are hereafter created or developed as a part of an irrigation system for the primary purpose of making use of system waters, including return flow and artificially stored ground water from the irrigation of lands; 10. The marking of property lines or corners on state-owned lands,when such marking does not significantly interfere with normal public use of the surface of the water; 11. Operation and maintenance of any system of dikes,ditches, drains,or other facilities existing on June 4, 1975,which were created,developed or utilized primarily as a part of an agricultural drainage or diking system; 12. Any project with a certification from the governor pursuant to chapter 80.50 RCW; 13. Site exploration and investigation activities that are prerequisite to preparation of an application for development authorization under Kent's Master Program, if: a. The activity does not interfere with the normal public use of the surface waters; b. The activity will have no significant adverse impact on the environment including but not limited to fish,wildlife,fish or wildlife habitat,water quality, and aesthetic values; C. The activity does not involve the installation of any structure,and upon completion of the activity the vegetation and land configuration of the site are restored to conditions existing before the activity; Kent SMP:Section 7.0—Administration 103 May, 1999 Kent Shoreline Master Program d. A private entity seeking development authorization under this section first posts a performance bond or provides other evidence of financial responsibility to the local `-- jurisdiction to ensure that the site is restored to preexisting conditions; and e. The activity is not subject to the permit requirements of RCW 90.58.550; 14. The process of removing or controlling aquatic noxious weeds, as defined in RCW 17.26.020, through the use of an herbicide or other treatment methods applicable to weed control that are recommended by a final environmental impact statement published by the department of agriculture or the department of ecology jointly with other state agencies under chapter 43.21C RCW; 15. Watershed restoration projects as defined herein. The City of Kent shall review the projects for consistency with the shoreline master program in an expeditious manner and shall issue its decision along with any conditions within forty-five(45)calendar days of receiving all materials necessary to review the request for exemption from the applicant. No fee may be charged for accepting and processing requests for exemption for watershed restoration projects as used in this section. 16. A public or private project,the primary purpose of which is to improve fish or wildlife habitat or fish passage,when all of the following apply: a. The project has been approved in writing by the Department of Fish and Wildlife as necessary for the improvement of the habitat or passage and appropriately ' designed and sited to accomplish the intended purpose; b. The project has received hydraulic project approval by the Department of Fish and Wildlife pursuant to chapter 75.20 RCW;and C. The local government has determined that the project is consistent with the local shoreline master program. The local government shall make such determination in a timely manner and provide it by letter to the project proponent. Hazardous Substance Remedial Actions. The procedural requirements of chapter 90.58 RCW shall not apply to a project for which a consent decree, order, or agreed order has been issued pursuant to chapter 70.105D RCW or to the Department of Ecology when it conducts a remedial action under chapter 70.105D RCW. The Department of Ecology shall, in consultation with the Kent, assure that such projects comply with the substantive requirements of chapter 90.58 RCW,Chapter 173-26 WAC and Kent's 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. 104 Kent SMP.Section 7.0—Administration May, 1999 Kent Shoreline Master Program 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 KENT'S MASTER PROGRAM, 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. 2. Shoreline substantial development permits are a Process II application and shall be processed and subject to the applicable regulations of Chapter 12.01 Kent City Code. Shoreline conditional use permits and variances are classified as Process III applications and shall be subject to the requirements of Chapter 12.01 Kent City Code. 3. Public notice. A notice of application shall be issued for all shoreline permit applications as provided for in Kent City Code section 12.01.140, excepting that the public comment period for the notice of application for a shoreline permit shall be not less than thirty (30)days,per WAC 173-27-110(2)(e). The notice of application shall be posted on the site per Kent City Code 12.01.140(F). 4. Application review. The Administrator shall make decisions on applications for substantial development permits, 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 forty-five (45) calendar days from the date the City determines the application to be complete. 6. Public hearings. The Administrator shall schedule an open record public hearing before the Kent Hearing Examiner on an application for a shoreline conditional use permit or variance per the procedures outlined in Kent City Code 12.01.160 and KCC 2.32. Notices of the hearing shall be advertised and scheduled in accordance with the provisions of KCC 12.01.140(H). 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 Kent SMP: Section 7.0—Administration 105 May, 1999 Kent Shoreline Master Program comments from interested persons; (4)the comments and findings of the Administrator; and (5) KCC.2.32. The Hearing Examiner will issue a written decision within 10 working days from the date of the hearing, in accordance with KCC 2.32. 8. Filing with Department of Ecology. All applications for a permit or permit revision shall be submitted to the Department of Ecology upon a final decision by the City. Final decision by the City shall mean the order, or ruling, whether it be an approval or denial, which is established after all local administrative appeals related to the permit have concluded or the opportunity to initiate such appeals has lapsed. When a substantial development permit and a conditional use or variance permit is required, the submittal shall be due concurrently. A complete submittal to the Department of Ecology shall consist of the following: 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. After local approval of a conditional use or variance permit,the City shall submit the permit to the Department of Ecology for the Department's approval, approval with conditions, or denial, as provided in WAC 173-27-200. The department shall transmit its final decision to local government and the applicant within thirty (30) calendar days of the date of submittal by local government. 9. Each permit issued by the city shall contain a provision that construction pursuant to the permit shall not begin and is not authorized until twenty-one (21) days from the date of filing with the Department of Ecology,per WAC 173-27-190. "Date of filing" of the City's final decision differs from date of filing for a conditional use 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. 106 Kent SMP:Section 7.0—Administration May, 1999 Kent Shoreline Master Program 10. Duration of permits. Construction, or the use or activity, shall commence within two (2)years after approval of the permits. Authorization to conduct development activities ..►� shall terminate within five (5) years after the effective date of a shoreline permit. The Administrator may authorize a single extension before the end of either of these time periods, with prior notice to parties of record and the Department of Ecology, for up to one (1) year 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 be final unless an appeal is made. Decisions may be appealed to the City Council by the applicant, or a private or public organization or individual. Appeals shall be processed in accordance with Kent City Code Section 12.01.190. Such appeal must be filed with the City Clerk and the Administrator within fourteen(14) calendar 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 twenty-one (21) 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 Kent's Master Program, and where there are extraordinary or unique circumstances relating to the physical character or configuration of property such that the strict implementation of Kent's Master Program 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 begin,nor can construction be authorized, except as provided in WAC 173-27-190. In all instances, extraordinary circumstances shall be shown and the public interest shall suffer no substantial detrimental effect. 2. Application. Shoreline variances are classified as Process III applications and are subject to the requirements of the Kent City Code Chapter 12.01, WAC 173-27-180, and section 7.4 above. Kent SMP.Section 7.0—Administration 107 May, 1999 Kent Shoreline Master Program 3. Criteria. Variance permits may be authorized provided the applicant can demonstrate all of the following: a. That the strict application of the bulk,dimensional, or performance standards set forth in Kent's master program precludes or significantly interferes with a reasonable use of the property not otherwise prohibited by Kent's 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 Kent's Master Program, and not, for example, from deed restrictions or the applicant's own actions. C. That the design of the project is compatible with other authorized uses in the area and with uses planned for the area under the comprehensive plan and master program, 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 wetlands, as defined in Kent's Master Program,may be authorized only if the applicant can demonstrate items a through a of this section, and: i. That the strict application of the bulk, dimensional, or performance standards set forth in Kent's Master Program preclude all 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 shall also remain consistent with the policies of RCW 90.58.020 and shall not cause substantial adverse effects to the shoreline environment. h. Variances from the use:regulations of Kent's Master Program are prohibited. 108 Kent SMP:Section 7.0—Administration May, 1999 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 Kent's Master Program in a manner consistent with the policies of RCW 90.58.020. In 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 Program. Uses which are specifically prohibited by Kent's Master Program may not be authorized pursuant to either WAC 173-27-060 (1) or(2). 2. Application. Shoreline Conditional Use Permits are a Process III application per Kent City Code Chapter 12.01, and section 7.4 above. 3. Uses are classified as conditional uses if they are(1) designated as such elsewhere in Kent's Master Program or(2)consistent with requirements of this section and the requirements for conditional uses contained in this master program per WAC 173-27- 160(3). 4. Uses classified as conditional uses may be authorized provided that the applicant can demonstrate all of the following: a. That the proposed use is consistent with the policies of RCW 90.58.020 and 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 is compatible with other authorized uses within the area and with uses planned for the area under the comprehensive plan and shoreline master program; d. That the proposed use will cause no significant adverse effects to the shoreline environment in which it is to be located; and 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 circumstances exist, the total of the conditional uses shall also remain consistent with the policies of RCW 90.58 and shall not produce substantial adverse effects to the shoreline environment. 6. Uses which are not classified or set forth in Kent's Master Program may be authorized as conditional uses, provided the applicant can demonstrate, in addition to the criteria Kent SMP.Section 7.0—Administration 109 May, 1999 Kent Shoreline Master Program set forth in section 7.7 above, consistency with the requirements of this section and the requirements for conditional uses contained in this master program. 7. Uses which are specifically prohibited by this program may not be authorized. 7.8 NONCONFORMING DEVELOPMENT 1. Nonconforming development shall be defined and regulated according to the provisions of WAC 173-27-080; excepting that if a nonconforming development is damaged to the extent of one hundred percent of the replacement cost of the original development, it may be reconstructed to those configurations existing immediately prior to the time the development was damaged. In order for this replacement to occur, application must be made for permits within six months of the date the damage occurred, and all restoration must be completed within two years of permit issuance. 7.9 AMENDMENTS TO THE MASTER PROGRAM Any provision of Kent's Master Program may be amended as provided for in chapter 90.58 RCW and chapter 173-26 WAC. Amendments or revisions to Kent's Master Program, 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 Kent's Master Program, or its application to any person or legal entity or parcel of land or circumstances, is held invalid, the remainder of Kent's Master Program, or the application of the provisions to other persons or legal entities or parcels of land or circumstances, shall not be affected. I-V 110 Kent SMP:Section 7.0—Administration May, 1999 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. Kent SMP:Section 8.0-Enforcement 111 May, 1999 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 I. 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, 112 Kent SMP.Section 8.0-Enforcement May, 1999 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 Kent SMP:Section 8.0-Enforcement 113 May, 1999 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. 114 Kent SMP.Section 8.0-Enforcement May, 1999 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 l. 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(30)days 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 (30) 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 (30) 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 (30) days after receipt of the Kent SMP.Section 8.0-Enforcement 115 May, 1999 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 (30) days 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(90) 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. 116 Kent SMP.Section 8.0-Enforcement May, 1999 Kent Shoreline Master Program APPENDIX A: Kent Shoreline Jurisdiction Maps Kent SMP:Appendix A IN -rT KEN T GREEN RIVET •r •: r� ;� SHORELINE e yyy ALL SHORELINES OF THE GREEN RIVER w / % •, _• • ARE DESIGNATED OURCE �L 1 `��� 3• LEGEND • i KENT CITY LIMITS '� ♦ •� 200' SHORE BUFFER , r 1 \ A ' -- ♦ Q GREEN RIVER j _f• • •T 1 i 1 I ■ t t ♦ i i i \ • 5 • t � J- -._ � . � \r`\ aerr•unn.a oewrr•rr.iv�r�•w t\ C zz o Z _ a r s � i--•i W x 0 q F rp• -��� N W w = m �� W ►'-� � w Y 8 z 5. 8 Co 0 I I H G _152 AV SE— •t _- �. to _ - �'�.�+.;t,•N•r+.: 1 o• tn Cu _ �/ 1 -• ::.._ _ �'a 35 Alt ®h I (�_—�.{L1� . +, I `i•' O C 1 s �1. � � d Q' 'M 'er ��. =+, - I I •AIL�� Cu- :AINd 3S•AM 1 �•�-_� - —3S''IeL Sh t �' iiii ,�; n I I m f;�.;'l7 11•.~�, �\ ...j;7. , ,•• atj' .,sue'`- a ''r •- -=j-: - J� - VOA �•--� '/,'1 f��,,A} � �•,faL.�Yir''•i a _I•� 'urd r -� _, — G�^C `:`J: I O! 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Kent City Council Meeting Date May 4 . 1999 Category Consent Calendar 1 . SUBJECT: TRINITY CHURCH PARKING LOT DEVELOPMENT AND JOINT USE AGREEMENT AT WEST FENWICK PARK - AUTHORIZATION 2 . sUMMARY STATEMENT: Authorization to enter into agreement with Trinity Reform Church allowing development of additional parking space on City property at West Fenwick park in exchange for joint use of the parking lot, subject to approval of plans and acceptance by the City Attorney. The Trinity Reform Church is in need of additional parking. The church wants to add 30 stalls to their east parking lot site and an additional eleven feet of parking space on West Fenwick Park property. In exchange for allowing them to construct on City property, the church offers joint-use of the parking lot at all times, except Sundays and during evening hours after 6 : 30 p.m. The church will be responsible for all costs related to this project . Additional parking would benefit not only the park, but users of the new West Hill Skate Park. 3 . EXHIBITS: copy of draft agreement 4 . RECOMMENDED BY: Staff and 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. 6M DRAFT COOPERATIVE PARKING AGREEMENT This Cooperative Parking Agreement (hereinafter "Agreement's is made this date by and between the CITY OF KENT,a Washington municipal corporation(the"City')with offices located at 220 - 4`' Avenue South, Kent, Washington 98032, and TRINITY REFORM CHURCH, a Washington non-profit organization ("Trinity") with offices located at 3807 Reith Road, Kent, Washington 98032. 1. Purpose. The purpose of this Agreement is to reduce to writing the understanding reached by the parties to allow a portion of the parking lot to be constructed by Trinity on City- owned park property located adjacent to the existing Trinity parking lot,which will jointly serve the needs of both the City and Trinity. The development of parking by Trinity will consist of the addition of at least thirty (30) stalls to be partially located on City owned park property known as West Fenwick Park. 2. Property Description. The property where this development will be located is directly east of the existing Trinity parking lot and is shown on Exhibit A attached hereto and incorporated by this reference. 3. Duration. The Agreement shall continue for twenty-five (25) years from the date of this Agreement with one option to renew for a second twenty-five (25) year term. However, the City may,at its option,terminate this Agreement at any time upon one year's notice,but only �.✓` in the event that Trinity determines to stop using the portion of the parking lot built on City property for parking purposes. 4. Responsible Agency. It is understood that Trinity will be responsible to supervise the planning, designing, engineering, permits and construction to completion of this project. 5. Parking Lot Construction. (a) Design. The parking lot area shall be designed to comply with the Kent City Code and all other applicable state and federal laws, rules, and regulations. The parking lot area shall be understood to be essentially consistent with the site plan, attached hereto as Exhibit A. (b) Costs. Trinity will be responsible for all costs which relate to the design,engineering (to include surveying), permits, construction (to include administrative and transactional expenses related to project change orders), and inspection necessary to complete construction of the parking lot area. (c) Estimated Cost. The current estimated cost of the parking lot area construction is approximately $30,000. Trinity will pay the actual amount for the work involved in constructing the parking lot area. ``'�'' Cooperative Parking Agreement- 1 (d) Review of Design Documents. The City will be invited by the design team at appropriate times to review the drawings for the parking lot area and will approve the final construction drawings and specifications prior to proceeding with the project. 6. Indemnity. Each party does hereby agree to indemnify and hold the other harmless against all claims arising out of that party's negligence. This duty to indemnify is understood to include the duty to pay all attorneys fees incurred by the party to be indemnified if it is required to defend itself against any such claim. 7. Maintenance. (a) Day-to-day Clean-up. Trinity shall be responsible for all ongoing clean-up and ordinary maintenance of the parking lot. (b) Sealing,Resurfacing,Striping,Repairing, Lighting. Trinity shall assume all these costs and shall perform all maintenance for these tasks within 120 days of the City's demand to do so. Such demand shall not be unreasonably made. 8. Designated Representatives. The parties to this Agreement may from time to time appoint or reappoint a representative to act for them in the management of this Agreement. However,pending such appointments, it is agreed that Trinity will be represented by either the Pastor or his/her designee. The City will be represented by either the Director of Parks and Recreation or his/her designee. It shall be the responsibility of these two representatives respectively to mutually work through all matters that need to be attended to and resolved, or by submitting any such disagreement that cannot be resolved to the venue, rules, and jurisdiction of the King County Superior Court at Kent, Washington. 9. Financing. Trinity will finance the construction costs of this project as well as the on-going maintenance and repair costs. 10. Parking Lot Usage. Trinity and the City shall have joint use of the parking lot at all times except Sundays and during the evening hours (Monday through Saturday after 6:30 p.m.). These Sunday and week-night hours will be reserved exclusively for Trinity's use. IN WITNESS WHEREOF,the parties hereto have executed this Agreement on the date last set forth below. THE CITY OF KENT TRINITY REFORM CHURCH sy: _ D 5ii i By: RLPekE Yaw John Hodgson,Director of Parks&Recreation Print Name: Dated: Title: Date: Cooperative Parking Agreement- 2 STATE OF WASHINGTON ) } § COUNTY OF K I N G ) I certify that I know or have satisfactory evidence that John Hodgson is the person who appeared before me, and said person acknowledged that he signed this instrument,on oath stated that he was authorized to execute the instrument, and acknowledged it as the Director of Parks & Recreation of the City of Kent to be the free and voluntary act of such City for the uses and purposes mentioned in the instrument. DATED: NOTARY PUBLIC in and for the State of Washington,residing at My commission expires STATE OF WASHINGTON ) COUNTY OF K I N G ) I certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that he/she signed this instrument, on oath stated that he/she was authorized to execute the instrument, and'acknowledged it as the _ of to be the free and voluntary act of such business for the uses and purposes mentioned in the instrument. DATED: NOTARY PUBLIC in and for the State of Washington, residing at My commission expires P:%CMKCONTRACT%eMuch 0erkin9•W dOc Cooperative Parking Agreement-3 q9 F Kent City Council Meeting Date Mav 4 , 1999 Category Consent Calendar 1 . SUBJECT: FIREWORKS DISPLAY FUNDING REQUEST oil `.m ,o J 2 . SUMMARY STATEMM: Authorization to use City matching funds, up to $6, OOO, to finance the expansion of the fireworks display for the Fourth of July "Splash" Festival at Lake Meridian Park. The Lake Meridian Homeowners Association has provided a July 4th fireworks display over the lake for years. As part of the expansion of the festival, the Homeowners Association and City staff recommend improving the fireworks display. To accomplish this, the Homeowners Association requests the City provide $6 , 000 in matching funds for improvements . 3 . EXHIBITS: Letter of request from the Lake Meridian Homeowners Association 4 . RECOMMENDED BY: Staff and Operations Committee (Committee, Staff, Examiner, Commission, etc . ) 5 . UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES X 6 . EXPENDITURE REQUIRED: $6 , 000 . 00 SOURCE OF FUNDS : General Fund Balance 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 6N Apnl 9, 1999 City of Kent Parks&Recreation Dept 220 41h Avenue South Kent WA 98032-5895 Mr. John Hodgson, The Lake Meridian Community Association is hereby requesting financial assistance for its annual Fourth of July Fireworks Display. Each year. the LMCA has forded a fireworks display on the Fourth through membership and local area business donations. This year, the show will be the centerpiece of the city's "Splash" festival and will entertain a much larger audience of Kent citizens; we are, therefore, requesting that funds be made available to help pay for a longer and more spectacular display this year and in years to come. We propose that the caty match the funds that we as a community are able to raise through membership and business donations. Typically, we are able to generate between four and five thousand dollars. Also, as this is the last year of the 2CP century, we ask that the city include a bonus incentive of an additional twenty percent of the collected funds if we exceed the four thousand dollar mark. This will help us motivate our volunteers in our fund raising efforts. Additionally, if we order more that ten thousand dollars worth of fireworks, the pyrotechnic company will co-ordinate their display with a special music program broadcast on Green River Community College's FM radio station, Please give even consideration to LMCA's reguest for ft n r&W8 jpn%Fourtho ulv Firawnrk-q �,.,jlQy I LW%" NOW IUIOI I. I r na YMU b Uerai [d rw t, wnut t a 1 � s w 5p asn' festival, will hopefully be the most spectacular ever. Thank you in advance for Kent's consideration of this proposal. 3ob ' ly Raus ent L CA Kent City Council Meeting Date May 4 . 1999 19 Category Consent Calendar 1 . SUBJECT: DOWNTOWN PLANTER BOX REPLACEMENT - AUTHORIZATION 2 . SUMMARY STATEMENT: Authorization to allocate $18, 000 for the first phase of replacing planter boxes and garbage cans in downtown Kent . There are many wooden planter boxes downtown that are used to help beautify the area. Many are in immediate need of replacement . Prior to presenting a funding request to City Council, staff from Planning, Public Works, and Parks Departments met with members of the Kent Downtown Partnership and the Downtown Design Committee . Those in attendance determined that it was important to develop a plan to replace planters, garbage cans, and benches with a consistency in design and color. The Committee agreed on replacement pieces and proposes a 3-to-5 year replacement plan beginning immedi- ately. The request is for $18, 000 to replace 30 planters and 10 garbage cans this spring. 3 . EXHIBITS: Planter design 4 . RECOMMENDED BY: Staff and Operations Committee (Committee, Staff, Examiner, Commission, etc. ) 5 . UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES 6 . EXPENDITURE REQUIRED: $18 , 000 . 00 SOURCE OF FUNDS : Downtown Gateways Budget 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 60 OO vJ V i y to in +_ es _ C N ^ H en .r �_ J' a> U ^J to f 4 CZ v r w eZ N O G % gj N U rGo U C `.✓ .L� U ~ r e O N en :r H r �.:i ^ U O .� ^ ✓ it ^ en0 '� V w .. 0 ..r cc 6. r POR _ rJin O w �p G. 6� �"r •• O cc cc 3 W '= u Ay' V �v 3 of ok I .ow WON 14 .,.... -� Kent City Council Meeting Date May 4 . 1999 Category Consent Calendar 1 . SUBJECT: KING COUNTY BASIC LIFE SUPPORT SERVICES CONTRACT AMENDMENT 2 . SU—MARY STATEMENT: Authorization for the Mayor to sign the contract amendment with King County EMS, allowing the City to receive funds per the EMS Levy. In 1998 an Emergency Medical Services (EMS) levy was passed for a three-year period, beginning in 1999 . The City has signed a contract with King County EMS since 1981 to receive EMS Funding. A contract amendment is received annually to adjust the payment amount that the City of Kent will receive. This amendment changes the amount of $330, 912 in 1998 to $682, 787 in 1999 . The amendment also changes the contract period to cover all of 1999 and amends a section to cover Nondiscrimination in Subcontracting Practices . The City Attorney' s Office has reviewed the amendment and in their opinion the amended contract is compliant . This item relates to the Council ' s vision for Kent 2003 by allowing the City to continue to provide EMS services to citizens (safe community) . 3 . EXHIBITS: Contract Amendment 4 . RECOMMENDED BY: Fire Admin. & Operations Committee (3-0) (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. 6P CONTRACT AMENDMENT Page 1 of Pages CONTRACT NO. D26018D �✓ PROJECT NAME Basic Life Support Services AGENCY/CONTRACTOR City of Kent—King County fire DATE ENTERED 7/1/98 District#37 AMENDMENT NO. I ADDRESS 24611 116"'Avenue SE DATE ENTERED I/i/99 Kent,WA 98031 AMENDMENT REQUESTED BY AMENDMENT AFFECTS SICCDI'II Scope of Services Method of Payment Organization ® Time of Performance Reliance ® Compensation ® Terms and Conditions T.Hearne 0 Results of Services Name 1. Amend Contract Amount from$330,912.00 to S682.787.00. 2. Amend Contract Period from July 1, 1998 to December 31, 1998 to July 1 1998 to December 31,1999. 3. Amend"funding block"to appear as follows: FUNDING SOURCES FUNDING LEVELS EFFECTIVE DATES Real Property Taxes S330,912.00 7/1/98 to 12/31/98 vr° $682,797.00 1/1/99— 12/31/99 TOTAL S1,O13,699.00 r77/1/98 to 12/31/99 4. Amend Section XV.MINORITY AND WOMEN'S BUSINESS ENTERPRISES by deleting it in its entirety and replacing it with the following Section XV.NONDISCRIMINATION IN SUBCONTRACTING PRACTICES: XV. NONDISCRIMINATION IN SUBCONTRACTING PRACTICES A. In accordance with the provisions of Washington initiative 200,no County Minority and Women Business(M/WBE)utilization requirements shall apply to this Contract. No minimum level of M/WBE subcontractor participation or purchase from M/WBE certified vendors is required and no preference will be given by the County to a bidder or proposer for their M/WBE utili7ntion or M/WBE status. The completion of County M/WBE forms which cony be included in the contract documents is not required. Provided,however,that any affirmative action requirements set forth in any federal regulations or statutes included or referenced in the Contract documents will continue to apply. B. During the term of this Contract,the Agency shall not create barriers to open and fair opportunities for M/WBEs to participate in all County contracts and to obtain or compete for contracts and subcontracts as sources of supplies,equipment, construction and services. In considering offers from and doing business with subcontractors and suppliers,the Agency shall not discriminate against any person on the basis of race,color,creed,religion,sex,age,nationality,marital status,sexual orientation or the presence of any mental or physical disability in all otherwise qualified disabled person. C. The Agency shall maintain,until at least 12 months aller Lion of all work under this contract,records and information necessary to u. pit its level of t i utilization of M/W131s and other businesses as subcontractors and suppliers in this contract and in its overall public and private business actavities I he agency shall also maintain,until 12 months after completion of all work under this contract,all written quotes, bids,estimates or proposals submitted to the Contractor by all businesses seeking to participate in this Contract. I lie Agency shall make such documents available to the County for inspection and copying upon request. If this contract involves federal funds, Agency shall comply with all record keeping requirements set forth in any federal rules, regulations or statutes included or refCrcnced in the contract docunu_ur, D. King County encourages the utilization of minority owned businesses("Nt13Es") and wouien-owned businesses ("WBEs")(collectively, "MlWBEs") in County contracts. The Couut<<encourages the following practices la open competitive opportunities for MA U..s • Attending a pre-bid or pre-sr,Lcitation conference, if scheduled by the County, to provide project information and to inform NI/Wl3Es of contracting and subcontracting opportunities. • Placing all qualified small businesses attempting to do business in King County, including M/W13Es,on solicitation lists,and providing written notice of subcontracting oJ1110 turritics to 1Ni/WI3Es and all other small businesses capable of-performing tine work, including without limitation all businesses on any list provided by the County, in sufficient time to allow such businesses to respond to the written solicitations. • Breaking down total rcquirernients into smaller tasks or quantities,where economically feasible, in order to permit maximum participation by small businesses including M/WBEs. • Establishing delivery schedules, where the requirements of this contract permit, that encourage participation by small businesses, including M/WBEs. • Providing M/WBFs that express interest with adequate and tirmcly information about plans,specifications,and requirements of the contract. • Utilizing the services of available minority con7munity organizations, minority contractor groups, local minority assistance ofTices,the County,and Other organizations that provide assistance in the recruilnrent and placement of M/W131;s E. Any violation of the mandatory requirements of the provisions of this Section shall be a material breach of contract for which the Agency may be subject to damages and sanctions provided for by contract and by applicable law. 5. Exhibit 1,Scope of Services(Program Plan and Budget) shall be amended by adding the attached Exhibit 11999 fragrant flan and l'rrosed IludQet. All other terms and conditions of the original Contract shall retrain unchanged iN WITNESS IIEREOf , the parties hereto havc caused this lrncnclniert to be cxccuted and instituted on the date first written. KING COUNTY, WASiiING"ION ACOINOWLEDGEIv1ENI'&ACCEP"IANCE AGENCY/CON I RACTOR 13y Title County Executive k1`' Title Date fate --- Kent City Council Meeting . w Date May 4 . 1999 Category Consent Calendar 1 . SUBJECT: CIVIL ATTORNEY POSITION - AUTHORIZATION 2 . SUMULRY STATEMENT: Approval of the Operations Committee ' s recommendation authorizing an additional Assistant City Attorney (civil) position in the City Attorney' s office, and amending the 1999 Budget in the amount of $48, 000 : $36, 000 for salary and benefits; $7, 000 for computer, workstation, and equipment; and $5, 000 for anticipated office reconfigurations . $12, 000 of this position is a one-time expense . All costs will be paid for transfers from Public Works projects . 3 . EXHIBITS: Memorandum 4 . RECOMMENDED BY: Operations Committee (Committee, Staff, Examiner, Commission, etc . ) S . UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES 6 . EXPENDITURE REQUIRED: $ SOURCE OF FUNDS : 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 6Q FROM tt<e4T CITY COUNCIL 2s3 es6 67.12 4F3 #352 P,02/02 N E C E I V E D T�I �T1'N 1fMARI Y M9 OFFICE OF THE MAYOR a; Brent McFall,Director of Operations fnK- Roger Lubovich,City Attorney m Request for Additional Civil Attorney March 10, 1999 Don W-kimtrom has asked for additional legal support for the Public Works Department As you know,Don has asked for this auiStauce in the peat. Until this year,the Civil Division has not increased its staff for over eight years. The staff has coned of three civil attorneys and one legal secretary. For the 1999 budget year,staffing was increased to include one half-time civil attorney and one full-time legal secretary. This office is currently in the recruitment phase for the secretary's ,,. position. i This office is cunmtly providing lees than one fu -d=equivalent city dbmey to the Public Works Department. In addition,we contract for outside Ilegal sumces for certain projects such as condemnations and environmental review work. Even with this assistance, the projects are becoming backlogged in Public Works. Attached is a list of projects needing assistance from this office. I believe it is appropriate to honor Don's request by dedicating another full-time equivalent to these projects,not to cut down on outside legal work which will always be needed,but to assist in the processing of the projects to minimize delay costs and the need to hire additional outside help. It is proposed that the funds for this additional position be paid from the project budgets for the balance of the 1999 budget year. For your review,enclosed is a list of the outstanding projects needing legal assistance at the Public Works Department. ` i Kent City Council Meeting Date May 4 , 1999 Category Consent Calendar 1 . SUBJECT: REMOTE ACCESS SYSTEM PURCHASE - AUTHORIZATION 2 . SUMMARY STATEMENT: Authorization for the Mayor to sign a Remote Access Purchase and Implementation agreement with Network Control Incorporated in the amount of $68, 935 .20, subject to City Attorney approval . 3 . EXHIBITS: Agreement 4 . RECOMMENDED BY (Committee, Staff, Examiner, Commission, etc. ) 5 . UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES 6 . EXPENDITURE REQUIRED: $ SOURCE OF FUNDS : 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 6R "?ATE: April 15, 1999 TO: Council Operations Committee n , FROM: Joseph Lorenz CC: Marty Mulholland Brent McFall RE: Bid Award for Remote Access Purchase and Implementation. BACKGROUND: Part of the 1999—2000 Technology Plan includes provisions for a Dial-in Remote Access solution. Remote access can enable staff to access City networked resources from remote locations. It is also an integral part of our successful Microsoft Exchange E-mail Deployment. We will use this technology to provide remote e-mail access to City Council, mobile users, and smaller City facilities with occasional use. Whenever implementing remote access into a closed network, unauthorized network access is always a concern. We have carefully reviewed this and will be implementing a token based security system from Security Dynamics. The system will sit between dial-up users and the City's network, adding another layer of security between dial-in users and the network. Users will be granted -access to networked resources after successfully passing through the Security Dynamics system. `` 111.: tthough not foolproof, adding this type of security is one of the safest available to the remote access industry. PROCESS: The City worked with consultants from the Moss Bay Group to assist in the development and publishing of the Remote Access Request for Quote. We received 2 responses from the following vendors: Network Computing Architects Incorporated and Network Control Incorporated. Moss Bay reviewed the responses and determined that Network Control was the lowest bidder in the amount of$68,935.20, with $7,088.00 for ongoing manufacturer maintenance. Network Control's response is $8,000 below our initial estimate. RECOMMEND ACTION: Award the Remote Access Request for Quote to Network Control, Inc. in the amount of$68,935.20, for the design and implementation of a 3Com Total Control Remote Access solution using Security Dynamics' Secure ID technology, subject to City Attorney approval and the Mayor's signature. MOTION: Authorize the Mayor to sign a Remote Access Purchase and Implementation agreement with Network Control Incorporated in the amount of$68,935.20, subject to City Attorney approval. Thank you. enclosures: Letter from the Moss Bay Group Remote Access Purchase and Implementation Request for Quote. Network Control Incorporated Response. Moss BAY April 14, 1999 GROUP Advisors in Technology & Management Mr. Joseph Lorenz Network Manager City of Kent 220 4th Avenue South Kent, WA 98032-5895 Dear Mr. Lorenz: This letter serves as Moss Bay Group, Inc.'s formal recommendation to the City of Kent regarding the City's Request for Quotation for "Purchase and Implementation of 3Com Total Control Remote Access and Security Dynamics Authentication Ace/Server. Moss Bay Group has evaluated quotations from Network Control, Inc. (NCI) and Network Computing Architects, Inc. (NCA). Both quotations were fully compliant with the established criteria, and both organizations have excellent references. The NCI quotation provided the same goods and services at a more advantageous price to the City. The quotation amounts received are: Network Control, Inc. 1 $63,233.34 Network Computing Architects, Inc. 1 $77,221.30 Discussion with NCI of the City's consideration of the option to implement the Ace/Server on a Sun Solaris platform will add $1,600 to the implementation cost, resulting in a contract amount of $64,833.34. Moss Bay Group recommends that the City enter in to an agreement with NCI to purchase and implement the 3Com Total Control Remote Access and Security Dynamics Authentication Ace/Server for an amount not-to-exceed $64,833.34. Northwest (Main office) Southern CaMornia Office 5525 Lakeview Drive, Suite 200 15540 Woodcrest Drive Kirkland,WA 98033 Sherman Oaks,CA 91403 425.827.3363 818.788.0479 FAX 827.4002 FAX 788.0489 Mr. Joseph Lorenz April 14, 1999 Page 2 Mr. Lorenz,please call me at(425) 827.3363 if you should have any questions 5idM. regarding this matter. cksic Vice President CITY OF KENT ***REQUEST FOR QUOTE *** Remote Access Purchase and Implementation For Purchase and Implementation of 3Com Total Control Remote Access and Security Dynamics Authentication Ace/Server Issued: February 24, 1999 Date Due: March 5, 1999 Time Due: 3:00 PM Address Responses To: City Clerk Remote Access Purchase and Implementation City of Kent 220 4th Avenue South Kent, WA 98032 Table of Contents �f INTRODUCTION................................................................................................................................................1 1.1 SCOPE OF WORK.......................................................................................................................................2 1.2 RESPONSE DATE,TIME,LOCATION............................................................................................................2 1.3 COMMUNICATION WITH THE CITY OF KENT................................................................................................3 1.4 VENDOR CLARIFICATIONS AND QUESTIONS.............................................................................................3 1.5 RFQ CHANGES OR AMENDMENTS..............................................................................................................3 1.6 CLARIFICATIONS.......................................................................................................................................3 1.7 VENDOR CONTACT.................................................................................................................................4 1.8 SELECTION PROCESS.................................................................................................................................4 1.9 SCHEDULE OF EVENTS...............................................................................................................................5 1.10 COSTS INCURRED BY VENDORS.........................................................................................................5 1.11 PROJECT RESPONSIBILITIES...................................................................................................................5 1.12 RIGHT OF SELECTION OR REJECTION OF PROPOSALS...............................................................................6 1.13 INCORPORATION OF RFQ AND QUOTE IN THE FINAL AGREEMENT...........................................................6 1.14 ERRORS IN PROPOSALS. ........................................................................................................................6 1.15 VENDOR PRIME CONTRACTOR RESPONSIBILITY..................................................................................6 1.16 PERIOD OF VALIDITY OF PROPOSALS.....................................................................................................7 1.17 PROPRIETARY MATERIAL......................................................................................................................7 ................................................ 1.18 QUOTE DISPOSITION. ............................................................................7 1.19 CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY..................................................................7 2 OPERATING ENVIRONMENT................................................................................................................9 2.1 TECHNOLOGY BACKGROUND.....................................................................................................................9 2.2 NETWORK INFRASTRUCTURE................................... ....... 11 2.3 DESKTOP ENVIRONMENT......................................................................................................................... 11 2.4 THE CITY OF KENT...............................................................................ERROR! BOOKMARK NOT DEFINED. 3 VENDOR RESPONSE REQUIREMENTS.............................................................................................12 3.1 QUOTE FORMAT...................................................................................................................................... 12 3.1.1 Cover Page................................................................................................................................... 12 3.1.2 Title Page and Signature............................................................................................................... 12 3.1.3 VENDOR Qualifications and References........................................................................................ 13 3.1.4 Key Staff Qualifications................................................................................................................. 13 3.1.5 Maintenance and Enhancements.................................................................................................... 13 3.1.6 Year 2000 Compliance Statement.................................................................................................. 13 3.1.7 VENDOR Questionnaire................................................................................................................ 14 3.1.8 Cost Summary............................................................................................................................... 14 3.1.9 Quote Price Guarantee.................................................................................................................. 14 3.1.10 Equal Employment Opportunity Statement..................................................................................... 14 4 APPENDIX A-AGREEMENT................................................................................................................15 1.0 RESPONSIBILITIES....................................................................................................................................16 2.0 TERMS OF AGREEMENT...........................................................................................................................16 3.0 FINANCIAL PROVISIONS..........................................................................................................................16 4.0 CONTRACT APPROVAL............................................................................................................................16 5.0 YEAR 2000 COMPLIANCE.........................................................................................................................17 6.0 EQUAL EMPLOYMENT OPPORTUNITY..................................................................................................17 7.0 SYSTEM DOCUMENTATION.....................................................................................................................18 8.0 PRODUCT FUNCTIONALITY.....................................................................................................................19 9.0 WARRANTY...............................................................................................................................................19 10.0 INDEMNIFICATION.LIMITATION OF REMEDIES AND DAMAGES.....................................................20 �.'r 11.0 FINAL ACCEPTANCE.................................................... ...20 21 12.0 PROJECT RESPONSIBILITIES................................................................. 21 13.0 CONFIDENTIALITY...................................................................................................................................22 14.0 INSURANCE......................................................................................................................................... 15.0 INDEPENDENT CONTRACTOR............................................ ....................................... 23 16.0 ROYALTIES AND PATENTS............................................................................... ..............23 17.0 EQUAL EMPLOYMENT.............................................................................................................................23 18.0 SUPPORT AND MAINTENANCE................................................................................................. 24 19.0 ACTS OF INSOLVENCY.............................................................................................................................24 20.0 TERMINATION ON DEFAULT...................................................................................................................25 21.0 SURVIVAL BEYOND TERMIINATION........................ ........................................25 22.0 ATTORNEYS'FEES............................................................................................ ........................................25 23.0 SECTION HEADINGS......................................................................................... 24.0 USE OF PRONOUNS...................................................................................................................................25 ........................................25 25.0 GOVERNING LAW............................................................................................. 26.0 ENTIRE AGREEMENT..................................................... ..........................................26 27.0 NOTICE............................................................... .........................................2 Exhibit1........................................................................................................................ 5 APPENDIX B-VENDOR RESPONSES............................................................. 3 VENDORResponse Letter...................................................................................................................................................... 1 VENDOR Authorization and Binding......................................................................................................................32 ............... Reference#1 ............................................................................33 Reference#2........................................................................................................................................... 34 Reference#3.......................................................................................................................................................... Reference#4..........................................................................................................................................................35 StaffMember#I .....................................................................................................................................................36 ...........................................................................................................36 Staff Member#2.......................................... ................................. ....................................................................3 Staff Member#3.............................................. .. SupportServices Personnel......................................................................................................................................38 MaintenanceProcess...............................................................................................................................................39 Year 2000 Compliance Statement............................................................................................................................4 VENDORExperience..............................................................................................................................................41 Subcontractor Identification#1................................................................................................................................45 Subcontractor Identification#2................................................................................................................................46 Cost Summary .......... Certification of Quote..................................................................... ........................................... 49 City of Kent EEO Policy Declaration.................................... .. .................................. .... 6 APPENDIX C—ADMINISTRATIVE POLICY........................................... 11 INTRODUCTION The City of Kent seeks a systems integrator to provide and implement 3Com Corporation's Total Control Remote Access and Security Dynamics ACE Server for a single remote network access solution into the City. The City is seeking to have the following tasks accomplished by May 15, 1999: ■ The purchase, installation, and configuration of a 3Com Total Control Access Solution. ■ The purchase, installation, and configuration of a Security Dynamics ACE/SERVER with redundant server. ■ The purchase of up to 300 Security Dynamics Security Tokens. ■ The development of Remote-Access End-User Documentation. ■ The development of a Remote Access Training Manual for in-house end user training, covering user first time setup and dial-in. ■ The development of a System Administrator Maintenance Manual. ■ Providing on-going manufacturer support and maintenance. Vendors will be evaluated based on the process outlined in Section 1.8 of this Request For Quote. 1 1.1 Scope of Work The City expects to choose a remote access system integrator, hereafter known as the Vendor, through the steps described in this RFQ. The Vendor will be expected to accomplish the following tasks on behalf of the City: 1. Sale to the City of a 3Com Total Control Access Solution for an immediate configuration of 24 concurrent users (including all required hardware/software), with expansion capacity to 48 concurrent users within twelve months. 2. Sale to the City of a Security Dynamics ACE/SERVER with redundant server option. 3. Configuration of the two systems as described above to make them fully operational such that they inter-operate in a secure, industry standard, and user-friendly manner. 4. Pricing for the City to purchase 200, 250, 251, and 300 Security Dynamics Security Tokens. 5. Development of a remote-access manual titled Remote Access First Time Setup Instruction for Windows 95198. 6. Development of a remote access end-user manual titled Remote Access Dial-in Instruction for Windows 95198. This manual will have an accurate, in depth section on trouble shooting. 7. Development of manuals titled Remote Access Instructor Training Manual and Student Training Manual for in-house end user training. These should cover first time setup and dial-in and trouble shooting procedures. 8. Development of a manual titled Remote Access System Administrator Maintenance Manual, including a section on disaster recovery procedures for all hardware and software provided by Vendor with this system. 9. Pricing for on-going Vendor or manufacture support and maintenance. The City's preference is to have this system installed and fully operational by May 15, 1999. Every effort will be made on the part of City staff to meet or exceed this deadline. 1.2 Response Date, Time, Location Each Vendor shall provide one signed original and three copies of its quote. Proposals must be received at the offices of the Moss Bay Group at the address listed below no later than March 5, 1999 at 3:00 PM, Pacific Time. Vendors are solely responsible for ensuring that proposals are delivered on time. Delays caused by any delivery service, including the US Postal Service, will not necessarily be grounds for a waiver of the deadline requirement. Proposals submitted after the deadline may be rejected. Electronic quote copies, such as fax or E-mail, will not be accepted. All proposals must be delivered to: [next page] 2 City Clerk u Remote Access Purchase and Implementation City of Kent 220 4th Avenue South Kent, WA 98032 1.3 Communication with the City of Kent All communications regarding this Request for Quotes from VENDORS and other sources must be directed through David Nicksic of Moss Bay Group,who is the coordinator for this project. Please direct inquiries as follows: David Nicksic Remote Access—City of Kent 5525 Lakeview Drive, Suite#200 KIRKLAND, WA 98033 Phone: 425-827-3363 Fax: 425-827-4002 Email: dnicksic@mossbaygroup.com 1.4 Vendor Clarifications and Questions. Specific Vendor questions concerning the RFQ must be submitted in writing (may be faxed or sent via E-mail to Moss Bay Group); however, the deadline for these questions is March 3, 1999. Copies of questions relevant to the RFQ process, together with the City's response will be distributed to all participating Vendors. Vendors who seek information, clarification, or interpretations from Moss Bay Group employees without using this written submission process are advised that such material is used at the Vendor's own risk and the City shall not be bound by any such representations. 1.5 RFQ Changes or Amendments. Any revisions to the RFQ will be issued in the form of an addendum and will be distributed to all Vendors prior to the Response Due Date. 1.6 Clarifications. The City of Kent reserves the right to obtain clarification of any point in a Vendor's quote or to obtain additional information necessary to properly evaluate a quote. Failure of a Vendor to respond to such a request for additional information or clarification, either from the City or from Moss Bay Group, may result in rejection of the Vendor's quote. The City's retention of this right 3 shall in no way reduce the responsibility of Vendors to submit complete, accurate and clear proposals. 1.7 Vendor Contact. The quote must include the name of the specific individual who will act as the primary contact for the Vendor during quote evaluation. The quote must identify the contact's position in the organization,telephone number, fax number, and E-mail address, if available. 1.8 Selection Process This section generally presents the selection process for Remote Access with 3Com's Total Control and Security Authentication with Security Dynamics ACE/Server. Table 1, in this section, provides an approximate timeline for events. The outline given below details the process after Vendor responses have been received. RFQ Evaluation: The Vendors responses will be evaluated based on the Qualification Section of their quote described in Section 3. Vendors may be contacted for response clarification to the Vendor Questionnaire, described in Section 3.1.6. Moss Bay Group will then determine which group of Vendors can best serve the City's goals and environment. Reference Checks: Reference checks will be preformed on Vendors identified by the selection committee. Moss Bay Group reserves the right to contact any person or organization for information regarding a Vendor regardless of the references provided by the Vendor. Vendor Interviews: The interview will be used to review and clarify any questions concerning costs or contract conditions. The Vendor should be prepared to spend up to 2 hours with the selection committee in Kirkland, Washington reviewing these items. A detailed description of each Vendor's interview is given below. • Cost Review: During the time each Vendor is at the interview, Moss Bay Group will review the costs submitted in the Vendor's RFQ. The purpose of this step is to fully understand the cost element of the Vendor's quote and to equitably compare each quote with the costs of other Vendors. The cost review is anticipated to require one hour to complete. • Contract Review: A review of the City's contract, provided as Appendix A in this document, will also be performed with each Vendor at the interview. Each of the selected Vendors must submit a written list of any issues they wish to discuss about the contract. This will provide the Vendor with an opportunity to comment on the contract. However, each Vendor should submit its quote based on the attached contract and with the understanding that it is the City's sole option to amend or modify any contract provision. This review is a further attempt to speed the final contract negotiation. The contract review is anticipated to require one hour to complete. Final Vendor Selection: A final Vendor selection will be made based on each Vendor's completed quote, cost review, contract review, and any additional information obtained by the City or by Moss Bay Group. The selected Vendor will be notified and a time scheduled for final contract negotiations that are expected to be as soon as possible after selection. The City reserves 4 the right to negotiate with all Vendors deemed as e qualified based Vendors ualified by the process outline Bay in this section. Qualified Vendors are fined Group. Final Contract Negotiations: This phase of the selection will be used to identify the options, costs, and final contract language. The previous reviews are intended to speed this phase so that a contract may be signed as quickly as possible. 1.9 Schedule of Events Table 1, below, shows the anticipated schedule for each of the steps in the selection and implementation process. Table I. Schedule of Events Event Target Date Release "Request for Quote"by City February 24, 1999 Last Day for Vendor Questions March 3, 1999 "Request for Quote" Due from Prospective Vendors March 5, 1999 Vendor Interviews March 8—March 9, 1999 Final Vendor Selection March 10, 1999 r✓ Final Contract Negotiations March 15 —March 72, 1999 City Council Approval March 16, 1998 Contract Signed March 31, 1999 System Implementation Begins April 6, 1999 System Operational Ma=14, 99 1.10 Costs Incurred By Vendors The City shall not be liable for any costs incurred by a prospective Vendor in preparing or submitting a quote to the City or any subsequent demonstrations required by the City prior to entering into a contract with a Vendor. Proposals should be prepared simply and economically, providing a straightforward, concise description of Vendor capabilities to satisfy the requirements of the quote. 1.11 Project Responsibilities The City will be responsible for providing meeting rooms, access to computer facilities and equipment, and will respond to other requests related to City business in a timely manner, and will coordinate City staffmg related to the project. 5 The Vendor will be responsible for all other items relating to implementation, including system installation, providing technical and user training to City staff, and providing adequate system .,. documentation. The Vendor shall supply all contracted services, software and supplies necessary to complete the system implementation in a timely manner. Both the City and the Vendor will be responsible for working in a cooperative manner to meet the targeted timelines outlined in Section 1.9. Any delays to the schedule shall be pre-approved by the City and such approval shall not be unreasonably withheld. 1.12 Right of Selection or Rejection of Proposals. The City of Kent offers this quote for hardware and software products, and technical services, as a competitive negotiation. The City of Kent, at its sole option, may select or reject any or all proposals for any reason, may waive any informality in the proposals received, and may waive deviations from the specifications. Selection of a Vendor shall not be construed as an award of a contract but as the commencement of contract drafting, discussions and negotiations. The City may award a contract on the basis of information in addition to that received in a quote. Price adjustments may not be accepted after the quote opening. Therefore, it is emphasized that all proposals should be complete and submitted with the most favorable financial terms. 1.13 Incorporation of RFQ and Quote in the Final agreement. This RFQ and the Vendor's response, including all promises, warranties, commitments and representations made during the quote selection process, shall be binding and incorporated by reference into the City's contract with the Vendor. -.. 1.14 Errors in Proposals. Vendors are responsible for all errors or omissions in their proposals and any such errors or omissions will not serve to diminish their obligations to the City of Kent. 1.15 Vendor Prime Contractor Responsibility If a Vendor's quote includes equipment, hardware, software, or services to be supplied by entities other than itself, it is mandatory for the proposing Vendor to act as prime contractor for the procurement of all products and services proposed to meet this RFQ. The Vendor, as the prime contractor, must be the sole point of contact, including payment of any and all charges resulting from the purchase of the proposed equipment, hardware, software, and/or services with the possible exception of payment for servers and the necessary software. The Vendor, acting as the prime contractor, must take full responsibility for the demonstration, construction (if required), delivery, installation, and acceptance testing of the proposed items supplied by its subcontractor(s). Acting as a prime contractor on behalf of the City does not exempt the Vendor, nor any subcontractors the Vendor may employ, from the policies set forth in the City's Policy and Procedure's Manual and other applicable City Codes. Each subcontractor used by the Vendor on this project shall be identified to City in the form titled Subcontractor Identification, found in Appendix B of this document. 6 1.16 Period of Validity of Proposals. The Vendor must certify that its quote will remain in effect for 120 days after the quote due date. The City may request an extension beyond the 120 days. Pricing for components must be available for other State or Local governments to purchase from for one year after the execution of this agreement. 1.17 Proprietary Material. The City of Kent will attempt to protect legitimate Vendor's trade secrets, or other proprietary or confidential information. Examples of such information would be unpublished descriptions of proprietary aspects of the system designed. Any proprietary information contained in the quote must be designated clearly and should be separately bound and labeled with the words Proprietary Information." Marking the entire quote proprietary may result in the rejection of the quote. VENDORS should be aware that the City is required by law to make its records available for public inspection, with certain exceptions. It is the City's belief that this legal obligation may not require the disclosure of proprietary, descriptive literature that contains valuable designs, drawings, or documentation. However, the Vendor, by submission of materials marked "Proprietary Information, acknowledges and agrees that the City will have no obligation or liability to the Vendor in the event that these materials must be disclosed. Additionally, by submitting itself to the City's quote process, each Vendor shall be deemed to have agreed to waive any rights it may have under public disclosure laws to obtain any records, data, or other information in any form from any other Vendor that participates in this process until final selection and contract negotiation is complete. 1.18 Quote Disposition. All materials submitted in response to this RFQ shall become the property of the City of Kent. 1.19 City of Kent Equal Employment Opportunity Policy Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding contracts with the City amounting to $10,000, or more within any given year, must take the following affirmative steps: ■ Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. ■ Actively consider for promotion and advancement available minorities and women. Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and equal opportunity requirements shall be considered in breach of contract and is subject to suspension or termination for all or part of the contract. Contract Compliance Officers will be appointed by the Director of Information Services, and or the City Manager to assume the following duties for their respective departments. 7 ■ Ensuring that contractors, subcontractors, consultants, and supplier's subject to these regulations are familiar with the regulations and the City's equal employment . opportunity policy. • Monitoring to assure adherence to federal, state, and local laws, policies, and guidelines. 8 2 OPERATING ENVIRONMENT This section provides an overview of the environment in which the Remote Access Solution will operate. The information in this section includes: An overview of the City of Kent. Technology background A description of the network infrastructure. An overview of the standard desktop environment. 2.1 The City of Kent The City of Kent is located approximately halfway between Seattle and Tacoma, Washington. Kent was incorporated in 1890, the second City after Seattle to be incorporated in King County. Kent has a City Council/Mayor form of government,with Council Members elected at large. The City currently has an approximate population of 70,000, making it one of the largest cities in King County. Kent was recently picked in the book, 50 Fabulous Places to Raise Your Family 2"d Edition, as one of the top places in the United States to raise a family. Elements considered in awarding Kent this title included: ■ Top rated schools ■ Scenic beauty • Central location to major urban areas ■ Recreational opportunities ■ Affordable housing ■ Abundant community services. Economic factors play a major role in the City's current prosperity. The positive factors influencing the City's current economic growth include: • A large aerospace industry presence, enjoying a strong period of growth. • A significant number of warehouses, distribution centers, and major manufacturing industries. ■ The King County Regional Justice Center (RJC) adjacent to downtown Kent opened in March 1997. This RJC employs 750 and hosts 250 jurors daily. • Close proximity to SeaTac Airport, the Ports of Seattle and Tacoma, major freeways, and railroads. An increase in foreign trade and the potential to become a free trade-zone. 9 ■ Annexation, economic, and demographic factors are projected to push Kent over the 100,000 population mark within the next 3 years. 2.2 Technology Background The current technology environment in the City of Kent is influenced by several factors shared among state and local government agencies throughout the country. These factors include: ■ Historically limited resources for technology infrastructure. ■ Aging business applications. ■ Year 2000 issues affecting all facets the installed technology base. ■ Increasing demands from the public for services and access to information. All state and local governments in the country must deal with each of these issues to varying degrees; the question for each is to what extent will these government entities avail themselves of the opportunity presented by public awareness to better serve that same public. The City of Kent has chosen to seize the opportunity presented by the public's focus on technology and information to address technological factors affecting the delivery of information and services to the City constituents. In April of 1998, the City Council approved a three year $12.8 million technology plan to provide the resources to address the technology infrastructure and information needs of the City. The areas to be addressed in this plan include: Network Infrastructure: A state-of-the-art network connecting all City facilities and providing the necessary network connectivity for effective use of communication and application resources will replace the existing network. Desktop Standardization: All workstations in the City will be brought in line with a single standard in terms of hardware, operating systems, and business applications. This will simplify the maintenance of the desktop environment and alleviate many of the Year 2000 problems at this level. Business Applications: Many of the current business applications used by the City are not Year 2000 compliant and in many cases composed of outdated technology. The City's business system strategy is to replace as many of the applications as possible before the Year 2000. In the event a system cannot be replaced in time, it will be modified to meet Year 2000 requirements and replaced as soon as possible thereafter. Information System Staffing: In order to implement these changes, a greater number of information systems personnel will be retained. These personnel will work with VENDORS, contractors, and City departments to ensure departmental and public infrastructure, information, and application needs are met. This Remote Access Purchase project Implementation was an element of the Network Infrastructure of the technology plan. The City plans to deploy a system to allow City users the ability to communicate with the City's data network from locations remote from the City facilities. This remote access will be via dial-in asynchronous connections, and via ISDN dial-in. The purpose for this Request for Quote is to identify a Vendor that has a proven and 10 demonstrated track record implementing the selected technology in a similar configuration. The ideal candidate will have worked with a municipality,of similar size, in the past year. Experience integrating 3Com Total Control and Security Dynamics ACE/Server for secure and robust remote access. 2.3 Network Infrastructure This subsection describes the network infrastructure that will be in effect after the planned network infrastructure upgrades. The standards and characteristics of the network are given in Table 2, below. Table 2. Network Standards __ . . Standard Network Area Network Backbone ATM Network Operating System Novel 4.11 (Ethernet) Network Protocols IPX,TCP-IP File and Print Services Novell NetWare PC Server Hardware HP Net Servers WAN Configuration All major remote facilities either will be or are at present connected to the City via a T-1 Circuit. The size of the circuit will depend on voice and data needs. Other smaller facilities and remote access users will be able to connect to the data center via a dial-in service that will offer 56K or ISDN connectivity. 2.4 Desktop Environment The current City desktop environment standards are outlined in Table 4,below. Table 3. Desktop Standards Desktop Area Standard Desktop Machines (Minimum Configuration) Pentium-100 PCs with 32MB RAM, 1GB hard drive, and CD-ROM drive Desktop Operating System Microsoft Windows 95 Business Software Suite Microsoft Office 97 Browser Microsoft Internet Explorer 4.01 Mail Client Microsoft Outlook (Part of Office Suite) Message server MS Exchange 5.5 11 3 VENDOR RESPONSE REQUIREMENTS This section provides the format and description of the information required for a Vendor's response to be considered by the City. The prospective Vendor must submit 3 copies of their quote at the date, time, and location given in Section 1.3 of this document. Appendix B contains forms for this information. 3.1 Quote Format THE VENDOR'S PROPOSAL SHALL BE SUBMITTED IN THE FORMAT OUTLINED IN THIS SECTION. Your failure to comply with the requirements of the quote may result in the City's rejection of your quote/offer to the City. The City also reserves its right to reject any or all proposals. Other subject headings may be added as the Vendor believes necessary to support its quote. The City reserves the right to require additional information or materials after the proposals are submitted. The quote must be signed by an officer authorized to negotiate for and contractually bind the Vendor. Sufficient evidence must be included which certifies that officer's authority. The following is an outline of the quote contents. I. Cover Page II. Title Page and Signatures III. Vendor Qualifications and References IV. Key Staff Qualifications V. Maintenance and Enhancements VI. Year 2000 Compliance Statement VII. Vendor Questionnaire VIII. Cost Summary IX. Quote Price Guarantee X. Equal Employment Opportunity Declaration Appendix B of this document provides a template for completing the RFQ response. The information below is a description of each section to be included in the Vendor's response. 3.1.1 Cover Page The Cover Page must identify the Vendor and should provide a summary of the Vendor's quote. 3.1.2 Title Page and Signature The Title Page must certify that this is the Vendor's response to the City's RFQ and identify both a contact point for the Vendor and the person authorized to negotiate for and contractually bind the Vendor. 12 3.1.3 Vendor Qualifications and References The Vendor must describe their experience installing and configuring 3Com's Total Control and Security Dynamics ACE/Server. (Separate Paragraph for each Vendor, in a multi-Vendor response.) References must include names, titles, organizations, addresses, telephone numbers, and installation dates. Primary emphasis should be placed upon experience with cities of similar size. Identify at least 3 organizations that are working with a similarly proposed design and have completed their installation within the last year. Additional references may be listed if you wish to identify other organizations that would provide excellent references. The City at its sole discretion will evaluate the performance and operational experience of customers, whether referenced or not by the Vendor, as part of the evaluation process. 3.1.4 Key Staff Qualifications The Vendor must name the key staff members who will work directly with the City on a day-to- day basis, name the project team manager, and indicate who will exercise the authority and command the resources necessary to complete this project successfully. Briefly describe each project team member's experience implementing and configuring 3Com's Total Control and Security Dynamics Ace/Server in a similar environment. Key Staff members must be manufacturer-trained in the product they will be working with, or working closely with someone on site who is so trained. Equivalent on-the-job training may be substituted for manufacture training if previously approved. Substitution of key staff identified -�' during the contract process will not be tolerated except when such substitution is due to illness, termination, holiday or an extended Leave of Absence. The City must approve any substitute. The Vendor must identify each subcontractors per the instructions in Section 1.15. 3.1.5 Maintenance and Enhancements This section is open to the Vendor to provide additional information for maintenance of the systems to be provided, and to provide system enhancements that the Vendor may recommend. 3.1.6 Year 2000 Compliance Statement The Vendor must certify that all proposed software and hardware is Year 2000 compliant according to the City's definition. The City's definition of Year 2000 compliance is given in the remainder of this subsection. The computer hardware, software and embedded systems must accurately store, process and report data before, during and beyond the year 2000. The standards by which this compliance is judged include: Century Compliant: The system must accurately process data and perform calculations based on dates. Common calculations include subtraction, sorting, and comparative operations. Leap Year Compliant: The system must accurately process data and perform calculations based on all valid leap years. February 29, 2000, is a rare century leap year, and all systems must recognize and correctly process this date. 13 Interface Compliant: Connected systems must accurately share data with other systems as designed. Common formats and protocols must be implemented between connected systems to ensure all data is processed including dates. Projections and Analysis: The system must correctly perform all processes across the year 2000 boundary in both directions. This means that all functions and reports must perform correctly looking forward for projections as well as backward for functions such as trend analysis. 3.1.7 Vendor Questionnaire The Vendor must complete the Vendor Questionnaire included in Appendix B of this document. Responses to this questionnaire will be used in conjunction with the references described in Section 3.13, to select VENDORS. Please respond to each question in your own words and do not attach any additional marketing documents to this response. 3.1.8 Cost Summary A cost summary must be provided for the Vendor's proposed solution for the City. The cost summary breakdown provided in Appendix B details the information that should be included in the Vendor's response. 3.1.9 Quote Price Guarantee The Vendor must provide a written guarantee to maintain the prices proposed in the cost summary for 120 calendar days. 3.1.10 Equal Employment Opportunity Statement . The Vendor must certify that they comply with the City of Kent's Equal Employment Opportunity Policy. A copy of the City's Administrative Policy and a declaration are included in Appendix B for the Vendor to review, sign, and return with their response. 14 4 APPENDIX A - AGREEMENT 15 Agreement For Purchase and Implementation of Remote Access with 3Com Total Control and Security Authentication with Security Dynamics' ACE/Server THIS AGREEMENT is entered into between the City of Kent, a Washington Municipal Corporation ("CITY") and [VENDOR Name] a [VENDOR Incorporation State] Corporation ("VENDOR"). 1.0 RESPONSIBILITIES VENDOR will provide the Products and Services as previously outlined in Section 1.1 through Section 1.20 of the RFQ (Introduction). These hardware products, software products and services shall be accompanied by appropriate documentation, including the Software Documentation and System Administration Manual as described in Section 7.0 of this Agreement, and will include all OEM product specifications that describe the product design, setup, operation, and maintenance. 2.0 TERMS OF AGREEMENT The CITY reserves the right to add terms and conditions during contract negotiations. These terms and conditions will be within the scope of the RFQ and will not affect the quote evaluations. 3.0 FINANCIAL PROVISIONS 3.1 CITY shall pay VENDOR for the products, documentation, software, hardware, structures, and functions provided for in this agreement as previously outlined in Section 1 of the RFQ (Introduction). The costs and terms of all items listed in the Exhibit 1 SCHEDULE shall be in effect until March 1, 1999 or one year from the date of final acceptance, whichever occurs later. 3.2 Payment shall be made in U.S. Dollars within forty-five (45) days of invoice, so long as the CITY has accepted and approved the products and services listed on the invoice. 3.3 Should either party terminate this agreement prior to the expiration of its term, the CITY will compensate VENDOR for its products and services delivered to the CITY by the termination notice date, subject to withholding reasonable amounts not with standing claims or conflicts. 4.0 CONTRACT APPROVAL The CITY'S obligation will commence when the contract is approved by the City Council, AND executed by the Mayor, and Information Services Director. Upon written notice to the VENDOR, the CITY may set a different starting date for the contract, and all warranty and price guarantees, and other time sensitive conditions will be adjusted accordingly. The CITY will not be responsible for any work done by the VENDOR, even work done in good faith, if it occurs prior to the contract start date set by the CITY. 16 Agreement For Purchase and Implementation of Remote Access with 3Com Total Control and Security Authentication with Security Dynamics' ACE/Server 5.0 YEAR 2000 COMPLIANCE The VENDOR'S products and software must meet the following standards and criteria for Year 2000 compliance: a) Information systems that will be used prior to, during, and after calendar Year 2000 will operate without error relating to date data. b) Software and applications will not abnormally end or provide invalid or incorrect results as a result of date data, especially between centuries. c) No valid value for current date will cause interruptions in desired operations. d) All manipulations of time-related data (dates, duration,. days of the week, etc.) will produce the desired results for all valid date values. Date elements in interfaces and data storage will permit specifying century to eliminate date ambiguity. e) For any date element represented without century,the correct century is unambiguous for all manipulations involving that element. 6.0 EQUAL EMPLOYMENT OPPORTUNITY The CITY is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors and suppliers who perform work for the CITY shall comply with the regulations of the CITY'S equal employment opportunity policies. The following conditions specifically identify the CITY'S contractor, subcontractor and supplier adherence requirements. The VENDOR must comply with each of the following conditions for this agreement to be valid and binding. If VENDOR or any of VENDOR'S subcontractors or suppliers willfully misrepresents themselves with regard to the outlined directives, it will be considered a breach of contract and it will be at the CITY'S sole determination regarding suspension or termination for all or part of the contract. VENDOR must comply with the following conditions: 1. VENDOR must have read the City of Kent administrative policy number 1.2 attached as Exhibit 1 of this agreement. 2. During the time of this agreement VENDOR will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of any sensory, mental, or physical disability. 3. During the time of this agreement VENDOR will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 4. During the time of this agreement VENDOR will actively consider hiring and promotion of women and minorities. 5. The requirements outlined in this adherence statement shall be complied with prior to the execution of any agreement VENDOR and the CITY. 17 Agreement For Purchase and Implementation of Remote Access with 3Com Total Control and Security Authentication with Security Dynamics' ACE/Server 7.0 SYSTEM DOCUMENTATION In all cases of written documentation as described below, VENDOR will also provide CITY electronic versions of each item. VENDOR will use Microsoft Office97 for all documentation. 7.1 VENDOR will deliver to CITY certain Documentation, a User Manual entitled "First Time Setup Instructions for Windows 95/98" that will provide CITY'S product users complete and thorough written documentation on the first time setup of his or her remote computer. This manual will also provide instruction in the user of Secure Dynamics tokens, logging in to the network, authentication procedures, and logging off properly. The VENDOR will update the User Manual as necessary during the initial one-year warranty period, and any updates issued by VENDOR will be provided to CITY at no charge. This Manual is in addition to any documentation provided as part of the system. 7.2 VENDOR will deliver to CITY certain Documentation, a Manual entitled "System Administrator Maintenance Manual," that will provide CITY'S system administrators complete and thorough written documentation on the design, setup, maintenance, and disaster recovery procedures of products that are the subject of this agreement. The VENDOR will update the System Administrator Maintenance Manual as necessary during the initial one-year warranty period, and any updates issued by VENDOR will be provided to CITY at no charge. This Manual is in addition to any documentation provided as part of the system. `-- 7.3 VENDOR will deliver to CITY certain Documentation entitled "Remote Access Training Manual," that will provide CITY'S users a complete training program on Remote Dial-in Access with Security Dynamics Secure ID cards using said Manual. A special "Instructor's Addendum" will be separately provided, specifically referencing this Manual with issues that are of use to instructors. The VENDOR will update the Instructor's Addendum Manual as necessary during the initial one-year warranty period, and any updates issued by VENDOR will be provided to CITY at no charge. This Manual is in addition to any documentation provided as part of the system. 18 Agreement For Purchase and Implementation of Remote Access with 3Com Total Control and Security Authentication with Security Dynamics' ACE/Server 8.0 PRODUCT FUNCTIONALITY 8.1 The VENDOR'S design shall provide the following functionality: a) Connection speeds up to 53K for analog modems. b) Connection speeds up to 128K for ISDN modems. c) Reliable and consistent use of the Security Dynamics/ ACE Server. d) Complete compliance with specifications and performance standards as documented in the VENDOR'S response to RFQ. e) Complete compliance with specifications and performance standards as documented in the VENDOR'S software documentation. e) Complete compliance with specifications and performance standards as documented as part of this contract. 8.2 In the course of updating or enhancing the design, the VENDOR may alter the applications' functionality. However, the VENDOR shall neither eliminate nor substantially alter any functionality, as described in this agreement, without the express written permission of the CITY. 9.0 WARRANTY 9.1 VENDOR represents and warrants that, for a period of one year from the date that the Purchase and Implementation are complete and the CITY has issued its Final Acceptance of the Purchase and Implementation, VENDOR'S software, products, and Documentation will be merchantable, will be fit for the particular purposes established in CITY'S RFQ and VENDOR'S responses to CITY'S RFQ, and will further conform to the performance capabilities, specifications, functions, and other descriptions and standards, including, without limitation, all specifications established in the "First Time Setup Instructions for Windows 95/98", "System Administrator Maintenance Manual, emote Access Training Manual," and elsewhere by VENDOR. 9.2 VENDOR shall perform its services in a timely and professional manner by qualified technicians familiar with the hardware and software products and their operation and their services shall conform, at a minimum, to the standards generally observed in the industry for similar services; however, VENDOR will have an opportunity to make repeated efforts within a reasonable time, generally not to exceed 30 calendar days, to correct operational errors. 9.3 During the one-year Warranty Period, VENDOR will correct all defects to the extent those defects originate from the acts or omissions of VENDOR'S products or personnel. 19 Agreement For Purchase and Implementation of Remote Access with 3Com Total Control and Security Authentication with Security Dynamics' ACE/Server 10.0 INDEMNIFICATION,LIMITATION OF REMEDIES AND DAMAGES 10.1 VENDOR agrees to defend, indemnify, and hold harmless the CITY, its officials, officers, employees, agents and volunteers from any and all claims, actions,judgments, losses, costs, (including personnel related costs, reasonable attorney's fees and all other claim related expenses) and damages whatsoever, whether made by the CITY or third parties, including, but not limited to, claims made upon the CITY arising (a) by reason of accident, injury, or death to any person, to VENDOR or to VENDOR'S agents, employees, servants and all subcontractors, or (b) by reason of injury to property arising out of or in connection with work performed under the agreement, except for injuries and damages caused by the CITY'S negligence. This promise of indemnity shall specifically apply in the case of injuries to VENDOR'S own employees. 10.2 VENDOR'S indemnification shall apply to all damages incurred by the CITY or third parties, whether direct, indirect, actual, consequential or incidental. 10.3 VENDOR SPECIFICALLY AND EXPRESSLY WAIVES ANY IMMUNITY THAT MAY BE GRANTED IT UNDER THE WASHINGTON STATE INDUSTRIAL INSURANCE ACT, TITLE 51, RCW. Further, this indemnification obligation under this contract shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable to or for any third party under worker's compensation acts, disability benefits acts, or other employee benefit acts. 11.0 FINAL ACCEPTANCE The CITY wig provide its written notice of final acceptance when it determines that VENDOR has fu filled the following requirements: 11.1 Installation is functional and operating as described in this contract, VENDOR'S responses to the RFQ, and the CITY'S RFQ. 11.2 Hardware works flawlessly without burdening administrative tasks. 11.3 Remote access server(s) are centrally located and manageable. 11.4 Dial-in Connections consistently negotiate at the highest negotiable speed. 11.5 Internet Protocol (IP) address distribution is automatic for dial-in ports. 11.6 Secure ID authentication operates reliably, accurately and consistently. 11.7 Security Authentication Fail Safe procedures operate correctly. 11.8 Disaster recovery procedures are documented and tested with knowledge transfer to the City's Administrator. 20 Agreement For Purchase and Implementation of Remote Access with 3Com Total Control and Security Authentication with Security Dynamics' ACE/Server 11.9 Training material is delivered, accurate and useful; specifically including, without limitation, the following: ■ First Time Setup Instructions for Windows 95198 ■ Remote Access Training Manual ■ System Administrator Maintenance Manual 11.10 Technical Administrator Support is available, accurate, timely and useful as described in the contract documents. 12.0 PROJECT RESPONSIBILITIES. 12.1 The CITY will be responsible for providing meeting rooms, providing access to the City's existing computer facilities and equipment, responding to VENDOR requests for approvals and other requests related to CITY business in a timely manner, and will coordinate CITY staffing related to the project. 12.2 VENDOR will be responsible for all other items relating to implementation including system installation, construction where necessary, providing technical and user training to CITY staff, and providing adequate system documentation. VENDOR will provide all services and implementation in a timely manner. 12.3 Both the CITY and VENDOR will be responsible for working in a cooperative manner to meet the following implementation timelines: Contract Execution March 12, 1999 System Hardware\ Software Procurement March 12, 1999 System Goes "Live" May 15, 1999 Any delays to the schedule shall be pre-approved by the CITY and such approval shall not be unreasonably withheld. 13.0 CONFIDENTIALITY 13.1 VENDOR agrees that it will not permit the disclosure or duplication of any information received from the CITY or stored on CITY systems unless such disclosure or duplication is specifically authorized in writing by the CITY. 13.2 The CITY agrees that it will not disclose or duplicate any information designated in advance by VENDOR as "Confidential/Proprietary" information to any person (other than CITY personnel who must have access to such information) unless such duplication, use or disclosure is specifically authorized in writing by VENDOR or is required by law. The term "Confidential/Proprietary" does not include ideas, techniques, or concepts that are in the public domain. 21 Agreement For Purchase and Implementation of Remote Access with 3Com Total Control and Security Authentication with Security Dynamics' ACE/Server 14.0 INSURANCE. 14.1 VENDOR shall procure and maintain for the duration of this agreement insurance of the types and in the amounts described below against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work by VENDOR, its agents, representatives, employees, subconsultants, or subcontractors. VENDOR shall provide a Certificate of Insurance evidencing: Automobile Liability insurance with limits no less than $1,000,000 combined single limit per accident for bodily injury and property damage; and Commercial General I iabi 'tv insurance written on an occurrence basis with limits no less than $2,000,000 combined single limit per occurrence and in the 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, and employer's liability. 14.2 Any payment of deductible or self-insured retention shall be the sole responsibility of VENDOR. 14.3 Prior to contract execution, the CITY, its officers, officials, employees, agents, and volunteers shall be named as an additional insured on the insurance policy, as respects work performed by or on behalf of VENDOR and a copy of the endorsement naming the CITY as additional insured shall be attached to the Certificate of Insurance. Copies of such documents shall be provided to the CITY prior to contract execution. 14.4 VENDOR'S 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 insurer's liability. 14.5 VENDOR'S insurance shall be primary insurance as respects the CITY, and the CITY shall be given thirty (30) calendar days prior written notice by certified mail, return receipt requested, of any cancellation, suspension or material change in coverage. 14.6 A failure to provide insurance coverage and written acceptance of the tendered policy shall be deemed to constitute a material breach of contract by VENDOR. The CITY reserves the right to then award the contract to another bidder. In order to protect the public interest and notwithstanding any provisions herein to the contrary, VENDOR'S failure to comply with any provision in this Section 14 may, at the CITY'S sole option, subject the contract to immediate termination without notice and without recourse by any person. 22 Agreement For Purchase and Implementation of Remote Access with 3Com Total Control and Security Authentication with Security Dynamics' ACE/Server 15.0 INDEPENDENT CONTRACTOR The parties intend that an independent contractor-employer relationship will be created by their relationship. The CITY is interested only in the results to be achieved, and conduct and control of the work will lie solely with VENDOR. VENDOR is not to be considered an agent or employee of the CITY for any purpose, and the employees of VENDOR are not entitled to any of the benefits that the CITY provides for its employees. VENDOR understands that the CITY does not intend to use the VENDOR'S services exclusively. 16.0 ROYALTIES AND PATENTS VENDOR shall pay royalties and license fees and defend all suits resulting from claims regarding royalties and licenses and patents on all software and materials purchased outright from VENDOR and installed according to the specifications of the CITY. 17.0 EQUAL EMPLOYMENT VENDOR shall comply with all federal, state, and local laws, rules, regulations and ordinances prohibiting discrimination in employment with regard to age, sex, race, color, creed, national origin, or mental handicap, unless based upon a bona fide occupational qualification. 18.0 SUPPORT AND MAINTENANCE 18.1 Term for Support and Maintenance and Commencement of VENDOR Support ajareement. VENDOR will provide all support and maintenance services to 4 CITY throughout the VENDOR'S warranty period for VENDORS Design, Construct or Installed products at no additional cost to CITY. VENDOR'S support agreement shall commence at the end of the warranty period at the cost established in this agreement. 18.2 Reslonse Procedures. CITY may notify VENDOR of a problem, question or concern by means of voice telephone, facsimile, or e-mail sent to "[VENDOR support email address]." When CITY so notifies VENDOR, CITY will at that time determine one of the following four priority levels: Level Code Description Critical C CITY is unable to process work due to a VENDOR software problem High H CITY is unable to use a portion of the VENDOR system but is still able to process work for the most part Medium M CITY is able to work, but is inconvenienced by the work-around process Low L Appearance problem or pop up message problem but doesn't affect the processing of work. 23 Agreement For Purchase and Implementation of Remote Access with 3Com Total Control and Security Authentication with Security Dynamics' ACE/Server Immediately, upon receipt of CITY'S problem notice, VENDOR will acknowledge receipt of the notice. For Priority Level C, VENDOR will respond immediately, but never later than the same day and by mutual agreement will be on-site by the next calendar day, if necessary. For Priority Level H,VENDOR will respond within three calendar days. For Priority Level M or L, VENDOR will respond within seven calendar days. VENDOR will work on a Priority Level C matter continuously, until it is resolved. The response for the other priority levels will include an expected delivery date for the solution. Issues and functions that are part of the standard product offering and their corresponding documentation will be corrected at the earliest time possible if they are not functioning properly. Issues and functions that go beyond the standard product offering will be proposed as system enhancements and will be subject to the CITY'S prior written approval. CITY will use its best efforts to be objective and accurate in submitting Priority Levels. 18.3 The VENDOR will provide the following Telephone Consultation Support services during the CITY'S business hours (8am to 5pm PT) when the CITY calls VENDOR'S Customer Support Line: (a) Problem determination and/or preparation of documentation for program defect support; (b) Program maintenance, either via telephone consultation or maintenance distribution media at VENDOR'S option; (c) Program improvements or modifications. In responding to each service call, VENDOR will instruct the CITY in proper use of the licensed program(s), engage in problem determination and resolution, and keep the products(s) maintained and functioning. 19.0 ACTS OF INSOLVENCY. Without waiving any other rights granted to CITY in this agreement, the CITY may terminate this agreement between VENDOR and the CITY by written notice if VENDOR makes a general assignment for the benefit of creditors, suffers or permits an appointment of a receiver for its business assets, becomes subject to any proceeding under any bankruptcy or insolvency law whether domestic or foreign, or has wound up or liquidated its business,voluntarily or otherwise. 20.0 TERMINATION ON DEFAULT. 20.1 This agreement may be terminated by either party if the other party is in default of any provisions of this agreement, so long as the default is not corrected within thirty (30) calendar days of the receipt of written notice of the default from the non-defaulting party. For the purposes of this Section, "default" shall include any failure to abide by the terms or conditions of this agreement including the CITY'S RFQ and VENDOR'S Response to RFQ. 24 Agreement For Purchase and Implementation of Remote Access with 3Com Total Control and Security Authentication with Security Dynamics' ACE/Server This written notice must particularly describe the alleged default or material breach. 20.2 Any claim for damages incurred by either party resulting from breach of this agreement by the other party shall survive termination. The remedies provided herein shall not be deemed exclusive but shall be cumulative and shall be in addition to all other remedies provided by law and equity. No delay or omission in the,exercise of any remedy herein provided or otherwise available to VENDOR shall impair or affect its right to exercise the same. 21.0 SURVIVAL BEYOND TERMINATION. The provisions of Sections 5, 9, 10, 13, 16, 22, 25, and 26 of this agreement shall survive the termination of this agreement. Any remedies for the breach of this agreement and each party's duties, obligations, covenants and representations contained in this agreement shall survive the termination of this agreement. 22.0 ATTORNEYS' FEES. Subject to the limitation of VENDOR'S liability as set forth in this agreement, if any action or suit is brought with respect to a matter or matters covered by this agreement, each party shall be responsible for all its own costs and expenses incident to such proceedings, including reasonable attorneys' fees. 23.0 SECTION HEADINGS. The section headings used in this agreement are inserted only for convenience and are in no way to be construed as part of such sections or as a limitation on the scope of the particular section to which they refer. 24.0 USE OF PRONOUNS. Whenever the context may require, any pronouns used herein shall include the corresponding masculine, feminine or neuter form, and the singular form of nouns, pronouns and verbs shall include the plural and vice-versa. 25.0 GOVERNING LAW. The construction and performance of this agreement shall be governed by the Washington State Uniform Commercial Code, Title 62A Revised Code of Washington, and other laws of the State of Washington without regard to the conflict of laws provisions thereof. VENDOR hereby consents to the venue, jurisdiction and rules of the King County Superior Court, located in the King County Regional Justice Center in Kent, Washington with respect to any right of action arising under this agreement. 25 Agreement For Purchase and Implementation of Remote Access with 3Com Total Control and Security Authentication with Security Dynamics' ACE/Server 26.0 ENTIRE AGREEMENT. This agreement, together with CITY'S RFQ and VENDOR'S Response to RFQ constitutes the entire agreement between VENDOR and CITY and shall not be modified or rescinded except in writing, signed by both parties. In the case of inconsistencies or disputes among this agreement, the CITY'S RFQ, and the VENDOR'S Response to RFQ, the following order of precedence shall prevail: a) This agreement and any written and fully signed amendments thereto. b) The CITY'S RFQ and any written amendments thereto. c) The VENDOR'S response to RFQ including demonstration materials and any authorized written amendments or clarifications thereto. If any terms or conditions of this agreement are invalid under any applicable statute or rule of law, they are to that extent to be deemed omitted and the remaining provisions shall not in any way be affected or impaired. 27.0 NOTICE. Any notice required or permitted to be made or given pursuant to this agreement shall be sufficiently made or given on the date of mailing if sent to the other party by certified mail, postage prepaid, addressed to the other party at the address set forth below. 26 Agreement For Purchase and Implementation of Remote Access with 3Com Total Control and Security Authentication with Security Dynamics' ACE/Server CITY AND VENDOR ACKNOWLEDGE THAT THEY HAVE READ THIS AGREEMENT, INCLUDING ALL PRINTED AND INSERTED LANGUAGE, UNDERSTANDS IT, AND AGREES TO BE BOUND BY ITS TERMS AND FURTHER AGREES THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN THE PARTIES WITH RESPECT TO THE SUBJECT MATTER OF THIS AGREEMENT. IN WITNESS, the parties have caused this agreement to be executed and effective on the last date written below. CITY: LICENSOR: City of Kent [VENDOR Name] 220 4`h Avenue South [VENDOR Address] Kent, WA 98032 Signed: Signed: Jim White, Mayor Name & Title: Date : Date : Signed: Signed: Marty Mulholland, Information Name & Title: Services Director Date Date 27 Agreement For Purchase and Implementation of Remote Access with 3Com Total Control and Security Authentication with Security Dynamics' ACE/Server Exhibit 1 CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY: Jim White, Mayor POLICY: Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding contracts with the City amounting to $10,000, or more within any given year, must take the following affirmative steps: 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the contract. Contract Compliance Officers will be appointed by the Directors of Information Services to assume the following duties for their respective departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City's equal employment opportunity policy. 2. Monitoring to assure adherence to federal, state, and local laws, policies, and guidelines. 28 5 APPENDIX B - VENDOR RESPONSES 29 VENDOR Response Letter [Current date] [VENDOR Representative Name] [VENDOR Representative Title] [VENDOR Name]<<Company» [VENDOR Address] Dear Mr.Nicksic: Please find enclosed our response to the City of Kent's Request for Quote (RFQ) for the Purchase and Implementation of 3Com Total Control Remote Access and Security Dynamics Authentication Ace/Server and related services dated February 10, 1999. We have reviewed the RFQ and responded to all sections as directed in the RFQ. We look forward to the opportunity to provide and implement an excellent remote access solution to the City of Kent using 3Com Total Control in conjunction with Security Dynamics' ACE/Server. Sincerely [VENDOR Representative Name] [VENDOR Representative Title] [VENDOR Representative Telephone] [VENDOR Representative Fax] [VENDOR Representative Email] Enclosures 30 VENDOR Authorization and Binding I, jVENDOR Representative Namel, certify that DTtMR Namel has reviewed the City of Kent's Request for Purchase and Implementation of 3Com Total Control Remote Access and Security Dynamics Authentication Ace/Server related services dated February 10, 1999, and responded to all required sections as directed in the RFQ. This quote constitutes E[V NDOR Namel' response to the City of Kent's RFQ. I further certify that I am authorized to negotiate for and contractually bind jVENDOR Namel in all discussions with the City of Kent for the Purchase and Implementation of 3Com Total Control Remote Access and Security Dynamics Authentication Ace/Server. All contact with [VENDOR Namel should be directed to: Name Title Address Telephone Fax Email Signed : Date: Title Corporate Seal: 31 Reference#1 (Installation must have been completed after August 1997) Organization Name Title Address Telephones Fax- Population Installation Date: Number of Systems Date Application Operalional Operational Kom's Total Control With Edge Server With Network Control With Terminal Server Security Dynamic's ACE/Server With Redundant Server Working on 3Com Edge Server Both products working together. 32 Reference#2 (Installation must have been completed after August 1997) Organization Name Title Address Telephones Fax- Population Installation Date: Number of Systems Date Application Operational `- Operational Kom's Total Control With Edge Server With Network Control With Terminal Server Security Dynamic's ACE/Server With Redundant Server Working on 3Com Edge Server Both products working together. 33 Reference #3 (Installation must have been completed after August 1997) Organization Name Title Address Telephones Fax- Population Installation Date: Numbs,gf'Systems, Date AL pVYYVii 3 d d.s i pperatonal'•' Operational 3Com's Total Control With Edge Server With Network Control With Terminal Server Security Dynamic's ACE/Server With Redundant Server Working on 3Com Edge Server Both products working together. 34 Reference # 4 Organization Name Title Address Telephones Fax- Population Installation Date: Number of Systems Date Application Operational Operational 3Com's Total Control With Edge Server With Network Control With Terminal Server Security Dynamic's ACE/Server With Redundant Server Working on 3Com Edge Server Both products working together. 35 Staff Member#1 Name Title Address Telephone Fax Email Qualifications NOTE: The City expects Staff Qualifications to be for those employees who actually will be doing the onsite work during the installation. Staff Member#2 Name Title Address Telephone Fax Email Qualifications NOTE: The City expects Staff Qualifications to be for those employees who actually will be doing the onsite work during the installation. 36 Staff Member#3 Name Title Address Telephone Fax Email Qualifications NOTE: The City expects Staff Qualifications to be for those employees who actually will be doing the onsite work during the installation. 37 Support Services Personnel Name Title Address Telephone Fax Email Name Title Address Telephone Fax - Email Name Title Address Telephone Fax Email 38 Maintenance Process Describe your support services process. Describe your emergency response process. 39 Year 2000 Compliance Statement .. I, [VENDOR Representative], certify that all systems and services proposed in this response to the City of Kent's Request for Quote for the Purchase and Implementation of Remote Access and related services dated October x, 1998, are Year 2000 compliant as described in the following definition. The computer hardware, software and embedded systems will accurately store, process and report data before, during and beyond the year 2000. The standards by which this compliance is judged include: Century Compliant: The system will accurately process data and perform calculations based on dates. Common calculations include subtraction, sorting, and comparative operations. Leap Year Compliant: The system will accurately process data and perform calculations based on all valid leap years. February 29, 2000, is a rare century leap year, and all systems will recognize and correctly process this date. Interface Compliant: Connected systems will accurately share data with other systems as designed. Common formats and protocols will be implemented between connected systems to ensure all data is processed including dates. Projections and Analysis: The system will correctly perform all processes across the year 2000 boundary in both directions. This means that all functions and reports will perform correctly looking forward for projections as well as backward for functions such as trend analysis. Signed : Date: Title 40 VENDOR Experience 1. How many 3Com Total Control System designs and Installations has your company completed? 2. How many Security Dynamics Designs and Installations has your company completed? For Questions 3 —9 please describe your experience with: 3. Implementing Kom's Total Control access products using ISDN PRI to allow ISDN 128K and analog 56K connections? 4. Implementing 3Com's Total Control with Security Dynamics ACE Server providing authentication. 5. Implementing Security Dynamics Ace/Server running on a 3Com Edge Server and a backup server running on a UNIX Host or a Windows NT server. 41 6. Providing End User Training Material as it relates to: • Setting up DUN on a home computer. �- • Using Security Dynamics Secure ID Cards. (General Use). • Instructor and Student Training Manuals. 7. Limiting downtime to accommodate 7x24 access requirements? 8. Working with the current major release of Security Dynamics ACE/SERVER Software. 9. Working with the current major release of 3Com's Net Management Software. 10. What hours, in Pacific Time, is your customer service function open and available to resolve problems and answer questions? 42 11. Do you have an 800 number for customer service`:' Yes _ No _. Do you offer technical assistance over the Internet? Yes _ 'No _,_ . How quickly do you require customer service staff to respond to an initial telephone cal I" 12. How many full-time staff do you have dedicated to your customer service function (not including any staff that performs other duties as well)" 13. What is the turnover ratio for your staff in the last 12 months? Please express in percentage. 14. The City intends to be live on all of its applications by April 1999. If you were selected by March 12, 1999, and expected to provide all implementation for the City of Kent, would you be able to accomplish the system integration by May I 1999? If not, please outline alternatives for the City 13. How many 3Com Total Control Svstem desi;ns and ln.stallations has your company completed? 43 16. How many sites has your company serviced where NT was running on a 3Com Edge Server. 17. Is the staff person working with the 3Com Edge Server certified in Windows NT 4.0? 18. How many remote access systems has your company successfully implemented?How many systems has your company successfully implemented using Total Control? 19. Please attach or include any relevant additional information here. 44 Subcontractor Identification#1 Organization Organization Contact Contact's Title Address Telephones Fax- Pager- other Email Description of Subcontractor's duties while performing work for the City of Kent: Subcontractor Identification#2 Organization Organization Contact Contact's Title Address Telephones Fax- Pager- other Email Description of Subcontractor's duties while performing work for the City of Kent: 45 Cost Summary Provide information about the cost of the proposed solution. Include the following in the cost breakdown: What are the 3Com Hardware costs? What is the 3Com system installation cost? What are the Secure ID System costs? Security Dynamics Ace/Server Security Dynamics Secure ID. What are the Secure ID System installation costs? What is the ongoing Maintenance costs First Year(We anticipate year I costs will be less because of the manufacture's warranty) Second Year Third Year What are the System Administration Training costs? What are the User Training Program costs? Other hardware costs associated with your implementation. Sales tax which is currently 8.6 percent. Please present the above information in a form similar to these below: 3Com Total Description Hardware Installation Expenses Taxes 8.6% Total Design Costs Total 3Com Costs 46 Securitv Dvnamics Description - Total Software System Implementation Tokens (count 200,250,251,300) Expenses Taxes 8.6% Total Design Costs Total Security Dynamics Costs Training Description Total First Time Setup Instructions for Windows 95198 Remote Access Training Manual System Administrator Maintenance Manual Expenses Taxes 8.6% Total Training Costs Additional Optional Hardware Description Unit Cost Total Taxes 8.6% Total Hardware Costs 47 Certification of Quote I, [VENDOR Representative], certify that the pricing provided in this quote will remain in effect for 120 days after the quote due date. Signed : Date: Title 48 City of Kent EEO Policy Declaration CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY DECLARATION The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors and suppliers who perform work for the City shall comply with the regulations of the City's equal employment opportunity policies. The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor or supplier to adhere to. An affirmative response is required on all of the following questions. The questions are as follows: 1. I have read the attached City of Kent administrative policy number 1.2. 2. [VENDOR Name] does not and will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of any sensory, mental, or physical disability. 3. [VENDOR Name] provides a written statement to all new employees and subcontractors --� indicating commitment as an equal opportunity employer. 4. [VENDOR Name] actively considers hiring and promotion of women and minorities. 5. The requirements outlined in this adherence statement shall be complied with prior to the execution of any contract between [VENDOR Name] and the City. By signing below, [VENDOR Name] agrees to fulfill the five requirements referenced above. Dated the day of 11998. By For Title Date 49 6 APPENDIX C - ADMINISTRATIVE POLICY CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY: Jim White, Mayor POLICY: Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding contracts with the City amounting to $10,000, or more within any given year, must take the following affirmative steps: 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the contract. Contract Compliance Officers will be appointed by the Directors of Information Services to assume the following duties for their respective departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City's equal employment opportunity policy. 2. Monitoring to assure adherence to federal, state, and local laws, policies, and guidelines. 50 NETWORK Iadem in Network Design$nta I-00 end MUMPOwk 3/19/99 Rolf Wilsgard/Sr Sales Mgr Network Control 10900 NE 8'#900 Bellevue Wa 98006 Dear Mr. Nicksic: Please find enclosed our response to the City of Kent's RFQ for the purchase and implementation of 3Com Total Control Access Server, and Security Dynamics Ace Server and related services. We have reviewed the RFQ and have responded as directed. We welcome the opportunity to provide and install a comprehensive remote access solution for the city. Our extensive experience in WAN system integration will assure a timely and thorough installation. Sincerely, Rolf Wilsgard Sr Sales Mgr. 425-451-3878 ph 425451-3760 fix rwils(@bscinet.com cc:rm/pk/vw/jb Cost Summary p46 3COM Hardware: Chassis,DSP T-1,Device Mgmt,Router Cd $20,550 #003458, 002106, 002092, 001091OX Installation: On site,Network Control $900 Taxes: 8.6% $1844.70 Total: $23,294.70 Security Dynamics Software: ACM v3x SD Security Server/250 User $14,328 4yr Key Fob tokens,#250 $17,162 Maintenance: Secure Care Plus $2986.20 Installation: On site, Network Control $900 Taxes: 8.6% $3042.24 Total: $38,418.24 1st Time setup/W95-98 $350 Remote Access Training Manual $350 Sys Admin Maintenance Manual $700 Taxes $120.40 Total $1520.40 Optional Hardware/Software l � Citrix Metaframe Server/Windows Terminal Server/15 Client license/ $6774 *3Com 240 Maintenance Agreement for Total Control $4088 8x5 Maintenance Agreement for Total Control $313 5 References p32-35 3Com Total Control Server Blue Cross 100 SW Market St Portland,OR 97207 Dave Blackledge/503-273-4195 Voice/503-225-5232 Fax 1 T1 Card/1 NetServer Card/1 Management card and Software/12 Quad Analog/Digital Modem Cards Working with Citrix Winframe 1.7&Terminal Server/Axent NT 250 User authentication Server Approx. 250 remote users are dialing into the modem chassis,being authenticated by Axent server,then logging in to the network via 3Com Netserver card. The users are then free to establish either a Telnet connection to their UNIX environment or log into a Citrix Winfiame server for PC networks. Providence Health System 9450 SW Barnes Rd/Suite 140 Portland,OR 97225 Leonard Vance/Dennis Moon/503-320-2000 Voice/503-216-2878 Fax 1 T1 Card/Management card and Software/6 Quad Analog/Digital Modem Cards Approx. 100 remote users dialing into the modem chassis,being authenticated by Novell Netware Connect 2.0 remote access server,then remote controlling rack mounted high-density PC's running STAC Reachout to access PC based network applications. Pemco Financial 325 East Lake Av E Seattle,WA 98109 Tom Rhodes 206-628-4294 Voice 206-628-5241 Fax 1 Management Card and Software/12 Quad Analog/Digital Modem Cards/Axent Security Server Approx. 100 remote users are dialing via analog connection to the modem chassis, authenticating to Axent token based authentication system and then connecting to an IBM 3270 protocol converter. Metlife Capital 10900 NE 4d'Bellevue, WA 98004 Mike Rootvik/425-451-1741 Voice 1 Management Card and Software 6 Quad Analog/Digital Modem Cards Approx. 100 remote users are dialing via analog connection to the modem chassis,being authenticated by Novell Netware Connect 2.0 remote access server,then remote controlling rack mounted high-density PC's rune ning PC Anywhere to access PC based network applications. Security Dynamics Ace Server City of Portland Emergency Communications 9911 SE Bush Portland,OR 97266 Malcom Pullen 503-823-0911 Voice 503-823-4630 Fax Project included installation and training of an NT based RAS server and a 250 user Secure ID server. Further work will implement an NT Futvrall system and additional tokens. Legacy Health Systems 1919 NW Lovejoy St. Portland,OR 97209 Conan Harmon-Walker 503-415-5847 Voice 503-415-5899 Fax Project included installation and training of Citrix Winframe 1.7,Cisco AS5300 access server,NT based Secure ID server,as well as Access Manager software. Pierce County 615 S 9th St. g 3 7 Tacoma,WA 98405 Mike Thurman . 3 _-25.3-&9b-399i"�/oice 253-596-6622 Fax Project included installation and training of 500 user Secure ID Server on NT,integration of the Secure ID with Cisco 2500 routers, and a Checkpoint Firewall. LakeHaven Utility PO Box 4249 Federal Way, WA 98063 Pete Hoverton 253-946-5419 Project included installation and training of 50 user NT based Secure ID server,integration of Secure ID with Shiva Netmodem E as well as Shiva Access Manager software. Zymogenetics Ken Martig 206-442-6660 Project included installation of Axent Security Server,as well as 100 user Secure ID Server &Tokens for both systems. General remote access projects. SW Medical Center Jim Davis 360-896-7678 Project involved installation and integration of a Cisco AS 5200 modem server w/a Proxy RADIUS server. Olympic Memorial Hospital John Melendy 360417-7190 Project involved installation and integration of Cisco AS5300 with a TACACS+security server. Prior project involved installation and'integration of Citrix Winframe 1.7 Multnomah County Library Portland,Oregon Wes Stevens 503-248-5432 Project(scheduled for April 99)will provide integration and training of Acend MAX 6000 Remote Access Server,dual T-1,%modem capacity.Future additions to the system will provide frewall& VPN moduled to the central chassis. Sedgewick Re Seattle Wa. John Carrier/206-621-2915 Projects included a 25 city Cisco router-based Frame Relay Wan,with central site installation in Seattle, Local training,and checkpoint Firewall for web access points. City of Puyallup Chris Johnson 253-841-5522 Network Control installed a 4 site Frame Relay WAN,using Cisco routers,and created a central site remote access system using managed servers and remote control/remote node software. City of Tacoma Sue Martin/253-502-8251 Consultation&sale of Security Dynamics server&tokens Network Control has installed over 85 WAN systems for companies and agencies in the Northwest region since 1988. In addition,NCI has been contracted for specific LANIWAN network troubleshooting for numerous clients. Our work has typically involved complete system integration. Staff members p.36 There will be one primary project manager/coordinator for this project. The other is for backup purpose and NCI main tech office support.. Richard Murakami. 425-990-4552 Voice 425-451-3760 Fax RmuraAbscinet.con Background includes 12 years of LANIWAN integration experience,specializmg in troubleshooting LAN/WAN problems as well as design,installation of many security systems including Secure ID. He also specializes in remote access projects working with products from 3 Com,Cisco, Citrix,etc. Pat Kelly. 425-990-4553 Voice 425-451-3760 Fax Pkelly(@bscinet.com Her background includes 5 years of LAN/WAN integration experience. She also specializes in remote access projects working with products from Axent, Secure ID,3 Com,Cisco, Citrix,etc. VENDOR Experience PAI 1) 6 2) 8 3) 1 Blue Cross. Others were Analog 56K,or Analog V.34 only 4) None. Note that we have installed Secure ID w/the Cisco server,functionally equivalent 5) None. Although it can be done,this implementation is not recommended by Security Dynamics due to compatibility and management issues. 6) All reference sites received installation,integradon,and training of MIS staff on setting up DUN on WIN 95/98 or NT 4.0. Although commonly not asked for by the customer,MIS instruction manuals and how-to manuals were provided to Providence Hospital and SW Medical. 7) Precise installation/ongoing training&support/Quarterly performance testing 8) All Secure ID customers listed as references involved the current major release of the software. 9) Ongoing @ 3Com,Bellevue office 10) 8:30-5:30 Can be supplemented w 240 coverage from manufacturer 11) No/No Within 3 hours maximum during normal business hours 12) 3 13) 0% 14) We can accomplish system integration within 1 week upon receipt of hardwarelsoftware 15) 6 16) 0 Our techs have been trained on the Edge server by the manufacturer 17) yes 18) approximately 85 (see attached reference list) 19) Pls note additional WAN reference sites/we can provide more upon request Subcontractor ID#1 Jim BlakenyBlaketel inc./Installation support&telco cabling design 360-459-0389 MAINTENANCE Network Control has provided contract maintenance and support for several organizations,specifically involving dial-up access systems. (See attached contracts) S� For a cost-effective, reliable method of service we recommend purchasing Manufacturer 240 express maintenance agreements with both Secure ID& 3Com, supplemented by time &material based service from Network Control. The demonstrated reliability of the products involved here,dating back over 5 years in our direct experience , makes on-site contracted maintenance an unnecessary expense. We would be willing to discuss service options were we awarded the project. TERMS and CONDITIONS Network Control , in business since 1987, has installed over 85+remote access systems,.none of which have been returned for performance or service issues. While certain systems may have required modification or additional upgrade,in all cases NCI has responded professionally and skillfully. Our terms are: Net 30 on all hardware/software/maintenance,following Installation of contracted items. We welcome the opportunity to demonstrate our skills and timely performance, but cannot agree to an extended payment/acceptance arrangement as outlined in the Vendor proposal. We would gladly discuss this in detail with you at any time. V e 1 l e.VeJ Sincerely, Szc-�0,r,V� j 4 Rolf Wilsgard Network Control. 2LCc.-P.p�'-rav�c�c, S % -eet%o VL 3 City of Kent EEO Policy Declaration CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY DECLARATION The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors and suppliers who perform work for the City shall comply with the regulations of the City's equal employment opportunity policies. The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor or supplier to adhere to. An affirmative response is required on all of the following questions. The questions are as follows: 1. I have read the attached City of Kent administrative policy number 1.2. 2. [VENDOR Name] does not and will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of any sensory, mental, or physical disability. 3. [VENDOR Name] provides a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 4. [VENDOR Name] actively considers hiring and promotion of women and minorities. 5. The requirements outlined in this adherence statement shall be complied with prior to the execution of any contract between [VENDOR Name] and the City. By signing below, [VENDOR Name] agrees to fulfill the five requirements referenced above. Dated the —2 d day of /�G��� , 199X. 9 By For /�'j77jog Il CO/7me G Title rrs Date 3 2- 2- 49 Year 2000 Compliance Statement L [VENDOR Representative], certify that all systems and services proposed in this response to the City of Kent's Request for Quote for the Purchase and Implementation of Remote Access and related services dated October x, 1998, are Year 2000 compliant as described in the following definition. The computer hardware, software and embedded systems will accurately store, process and report data before, during and beyond the year 2000. The standards by which this compliance is judged include: Century Compliant: The system will accurately process data and perform calculations based on dates. Common calculations include subtraction, sorting, and comparative operations. Leap Year Compliant: The system will accurately process data and perform calculations based on all valid leap years. February 29, 2000, is a rare century leap year, and all systems will recognize and correctly process this date. Interface Compliant: Connected systems will accurately share data with other systems as designed. Common formats and protocols will be implemented between connected systems to ensure all data is processed including dates. Projections and Analysis: The system will correctly perform all processes across the year 2000 boundary in both directions. This means that all functions and reports will perform correctly looking forward for projections as well as backward for functions such as trend analysis. Signed : ✓ Date: .3 y2 Jr9 Title Pre S -�r sq s ✓ 40 VENDOR Authorization and Binding I, VVENDOR Representative Name], certify that [VENDOR Namel has reviewed the City of Kent's Request for Purchase and Implementation of 3Com Total Control Remote Access and Security Dynamics Authentication Ace/Server related services dated February 10, 1999, and responded to all required sections as directed in the RFQ. This quote constitutes jVENDOR Namel's response to the City of Kent's RFQ. I further certify that I am authorized to negotiate for and contractually bind [,VENDOR Namel in all discussions with the City of Kent for the Purchase and Implementation of 3Com Total Control Remote Access and Security Dynamics Authentication Ace/Server. All contact with VVENDOR Namel should be directed to: Name ` r� Titles-t S Address 00 /9 f a Telephone Fax s/ 3 7 4;6 Email 1W 6,5C//JET- lD� Signed : ��lr-� Date: ZL l�l Title -5 Ji?8/ Corporate Seal: 31 Certification of Quote I, [VENDOR Representative], certify that the pricing provided in this quote will remain in effect for 120 days after the quote due date. Signed : Date: 3 Title �/tS 48 Network Control Maintenance Plan for Hardware and Software for / (deleted:confidential) Terms & Conditions: Network Control will attempt to respond in good faith by phone within 4 hrs and attempt to be on-site within 24 hrs during normal business hours to replace any defective parts listed in Items covered by this agreement: and provide troubleshooting service for Cubix hardware and software purchased from Network Control. Network Control will provide this service for a period of one calendar year from the contract start date. The customer is responsible for maintaining all spare parts. ...... Network Control's normal business hours are 8:00 AM- 5:00 PM Mondays-Fridays excluding National Holidays. Any on-site work requested outside of normal business hours will be invoiced separately at $150/hr. The service contract is valid for a one year period. There will be no allowance for cancellation. The total service contract amount will be due upon the signing of the contract. Unpaid service contracts will result in the loss of Network Control support until payment is received. The service contract excludes freight charges, freight damage, and repair required due to user modifications, or misuse. The contract includes 40 hours of service time per annum, to be used at customers discretion. Any service time unused after 1 year from contract start date is canceled. Customer Support: Coverage ""' Customer under contract must call the Network Control support center for any technical service needs on Cubix hardware and software. Network Control representatives will assist in troubleshooting problems on the phone. If Network Control staff is not available at the time of call, a representative will attempt to call the customer back within 4 hrs. A Network Control representative will schedule an on-site visit only after diagnosing the problem with the customer and if tests indicate that an on-site response is necessary. For problems with hardware and software not related to the covered items, on-site service can be provided at $150/hour, minimum 4 hours and reasonable travel expenses. (i.e., network cabling, hubs, bridges, routers, PBX components, etc.) Any Cubix problems will be diagnosed and possible "cures" suggested. Network Control, Inc. will schedule an on-site visit after all the above options are exhausted. Because of potential software "bugs", Network Control staff cannot guaranty complete resolution of software problems. However, Network Control staff will assist in resolving the matter with the vendors of the affected software. ' Software and firmware releases that are designed to correct system operation problems, or enhancements such as software "patches" are covered by this agreement. Network Control will schedule an on-site visit and apply these patches to the system every 90 days, or at a prior time as agreed to by Network Control, Inc. and the customer. Any new revisions that are developed by a manufacturer and released as an upgrade must first be purchased through NCI, at manufacturers published price. Network Control staff will then install these upgrades as part of this agreement. Network Control will schedule an on-site visit every 90 days to retrain customer staff on the operation, maintenance and troubleshooting of the system. These retraining sessions will be 4 Hours long. Additional training is available at $125.00 per hour. Attendance at these training sessions is not restricted. Items that are covered by this agreement: Network Control Maintenance Plan for Cubix hardware,US Robotics Total Control System, Novell Netware Connect, and Symantec: Terms & Conditions: Network Control will attempt to respond in good faith by phone within 4 hrs to provide troubleshooting service for Cubix,Novell Netware Connect, Symantec PCAnywhere, and Modems that were purchased from Network Control. Network Control will also provide an on site scheduled maintenance every 90 days. Network Control will provide this service for a period of one calendar year from the contract start date. The customer is responsible for maintaining all spare parts not covered by this agreement. During the the time this service contract is in effect, the customer must maintain a "Level 2" service agreement with US Robotics. Network Control's normal business hours are 8:00 AM- 5:00 PM Mondays-Fridays excluding National Holidays. The service contract is valid for a one year period. There will be no allowance for cancellation. The total service contract amount is invoiced in quarterly installments for the one year period. Payment due date shall be the first day of the first month of the quarter, with 15 days grace period allowed. Unpaid service contracts will result in the loss of Network Control support until payment is received. The service contract excludes freight charges, freight damage, and repair required due to user modifications, or misuse. The cost associated with this plan is 18% of hardware and software purchase price per year, list price dollars. (See attached Cubix, Netware Connect, Symantec, US Robotics parts list for list prices). Customer Support: Within 14 days of the initiation of the support contract, Network Control will schedule an on site visit by a service representative to train MIS staff members on troubleshooting Cubix hardware, Netware Connect, PC Anywhere, and replacing Cubix hardware components. Customer under contract must call the Network Control support center for any technical service needs on Cubix, Netware Connect, Reachout, PCAnywhere, Modems, and Hard. Drives. Network Control representatives will assist in troubleshooting problems on the phone. If Network Control staff is not available at the time of call, a representative will attempt to call the customer back within 4 hrs. Customer Support Coverage: 1) Any Cubix Hardware covered under this agreement that fails will be replaced within 24 hours. Network Control will ship out replacement parts via "Overnight `-J Carrier". The customer is responsible for replacing the appropriate parts. 2) Any Cubix, Netware Connect, or PCAnywhere software problems will be diagnosed and possible "cures" suggested. A Network Control Inc. representative will dial-in to the Cubix system and affect any configuration changes that are required. If the representative is unable to dial in to the "Cubix System", the customer must arrange to have, on site, a networked PC with attached stand alone modem and PC Anywhere that the representative can dial into. 3) After all possible "cures" are exhausted, Network Control will schedule an on site service. This on site service is NOT a part of the maintenance contract and will be billed separately. The customer will be billed at a discounted service rate of X per . This includes any and all travel expenses. Network Control will make an attempt to schedule an on site service for the next business day. Scheduled on site maintenance: Network Control will schedule an on-site visit and apply any needed Netware Connect r sys tem stem as well as retrain customer MIS and PC Anywhere software patches to personnel on the working of"Cubix System" every 90 days, or at a prior time as agreed to by Network Control, Inc. and the customer. There are 4 scheduled on site visits during the contract period and each visit is designed to last 8 hours. If the installation of patches and MIS training takes longer than 8 hours, the customer is not responsible for fiuther payment. Additional on site visits that are requested by the customer will be billed at a discounted service rate of$750/day. 1) Software and firmware releases that are designed to correct system operation problems, or enhancements such as software "patches" are covered by this agreement. Any new revisions that are developed by a manufacturer and released as an upgrade must first be purchased through NCI, at manufacturers published price. Network Control staff will then install these upgrades as part of this agreement. 2) During the scheduled on site maintenance service visit, the engineer will retrain customer staff on the operation, maintenance and troubleshooting of the system. These retraining sessions will be approx. 4 Hours long. Attendance at these training sessions is not restricted. In addition, 1-2 hours will be spent on actual baseline troubleshooting/re-configuration of the system, if requested by Mckenzie Willamette. 3) In addition to NCI maintenance, NCI requires that (deleted-confidential) 4) purchase the total control level 2 basic support agreement from US Robotics. (See attached descriptive sheet) This support program is now required for all USR Total Control customers, and can be purchased through NCI. 5) *Optional -Premium service agreement is available - see matrix and sheet for differences. TM Technical Services are �r worldwide support for your Security Dynamics systems SecurftyDynamicg Thinking ahead put us ahead' In today's global business environ- ment, protecting your valuable 011. information assets is a 24-hour-a- day job. That means you not only On need sophisticated enterprise secu- rity systems, but also workhvide technical support to maximize the k performance and avagablSty of those systems. You need SecurCarsTm services—from Security Dynamics. SecurCare services provide you ; with responsive,'round-the-clock technical support for your Security Dynamics systems. Whetiter you s. 17Vhave a routine question or an urgent situation,you can count on r Security Dynamics support engi- neers to deliver expert advice and wry, prompt problem resolution---regard- less of your geographic location or " the time of day. Irs all part of our commitment to meeting your com- plete security needs around they world. ' Highlights , Ila - Expert technical support via telephone to ensure maximum part of a comprehensive security solution protection for your Security tea' Dynamics systems SecurCare services are part of a comprehensive,enterprise-wide Choice of support plans to meet security solution. They provide you with ready access to extensive your business and budget technical resources that can help you get the most out of your tech- requirements nology investments—whether you're in the middle of solving a big ems.. problem or just exploring new possibilities. Through telephone - 24x7 support available world- support and Web access,you get the spatial attention you need, = = wide using state-of-the-art call when you need it. management system SecurCare services put you in touch with trained specialists,able to Patch and maintenance releases quickly evaluate your situation and recommend a course of action. included free with service Accessible 24 hours a day,our technical support team has in-depth agreements knowledge of all Security Dynamics systems and is fully qualified to - address your most daunting challenges. And many issues can be Major version releases available resolved quickly and easily b exploring our extensive knowledge ' in "Plus" and "Extended" plans q Y Y Y�P 8 database through SecurCare Online. F't _ Global, 24-hour support through the World Wide Web From"what if"queries to troubleshooting;return authorizations to N. bug reports—help is just a phone call or a mouse click away. R = -u rCareTm Technical Services—Helping you maintain your g o'Da Using;SecurCare Online,you can also take advantage of the same i erage you can count on extensive knowledge database that our support engineers use. mCare services include telephone support,patch and mainte- Char,ees a-e,you ll find a solution to your problem without ever ce releases,major version releases,and Web access—offered in i needing;tc place a service call. And soon well be adding an interac- .ety of packages to suit your particular business needs and tiVe technical forum where you an discuss issues or problems,as ,get. Whatever service options you choose,you are assured of well as exchange ideas,with fellow Security Dynamics administra- address i 3ng responsive,high-quality care to keep your systems running tors. Y�u'l be able to check for the latest bug repo rts to)othly and securely. issues before they even become problems. And patch releases will angle phone call to our SecurCare service center is all it takes. also be available for downloading from the Web in the near future. -ing regular service hours(Monday—Friday,8:00 AM to 5.00 PM you can turn to the site for other valuable information—updated i d customer time)a Security Dynamics customer relations repre- weeldy—including application notes,third-party implementation tative will answer your call,collect basic information about your guides,Frequently Asked Questions(FAQs)on new product installs- q th' blew,and work with you to determine the priority of your case. lions and other issues,as well as helpful"how to"pointers. Be sure :ent,high priority cases are immediately passed to a live technical to officially register as a SecurCare online user and well automati- port engineer for analysis and resolution. Our formal problem call},e-mail you technical bulletins,as well as notices about the latest ilation process assures you of proper attention to address your patch,maintenance,and major releases. .ation while you're on the phone. calls are routed using our state-of-the-art call management system Installation and upgrade services Insure the most efficient processing of your service request offers��- lens with non-urgent cases have the option to wait in a queue for In addition gr our support services,Security hard- next available technical engineer or record detailed information lion and upgrade services covering a call-back Non-emergency calls during regular or extended ware and software. Basic installation and upgrade service is Provided :mess hours receive a response within four business hours. on a more xed-fee complex requirements equiremensis,with utavailablell installation per-diemupgrade pbasis services �for addition,you have the option for extended care,providing 24- ir support. With this service,live support is available Monday— Both our installation and upgrade services ensure that the components and will day,3:00 AM and 9:00 PM Eastern Standard/Daylight Time. you buy from Security Dynamics are authenticating p perly tside of these times,support engineers can be contacted via work effectively with systems from our strategic third-party partners. -per for a one-hour response. i Choose the SecurCare option that's right for you ensive technical resources -� SecurCare Basic Includes Sx5 telephone technical support(8:00 AM to '{ ensure your needs are met promptly and effectively,our 5:oo PM customer local time,five days per"�),access r • . :urCare team uses every possible resource available. Each support to SecurCare Online,along with paw and maintenance ;ineer first draws upon his or her own knowledge and experience• releases. Calls outside of local support times are charged also tap into the information logged in our vast knowledge data- on a per-hour basis with a 2-hour minimum. :e,which holds the answers to thousands of situations previously -ountered by customers around the world. With a few keystrokes, SecurCare plus Includes everything you get in SecurCare Basic PLUS all .ny issues are resolved in just minutes. major softwarelSrmware upgrade releases. -tougher problems,we turn to the SecurCare lab—a resource SecurCare Includes cv-Ahing you get in SecurCare Plus,along iter fully configured with ACE/Server and ACE/Agent systems. Evended with telephone technical support on a 24 x 7(24 hours re our engineers can attempt to replicate problems,study poten- per day,seven days per week)basis. .causes,and determine a workable solution. We can even address >blems involving ACE/Server and products from strategic third- Note:Telephone technical support is also available on a time-and-materials basis. J� -ty vendors,including firewalls,communication servers,routers, patch,maintenance,and major upgrade releases may be purchased sep'mtely• tual private networks,and others. If your problem is due to the :ure of Security Dynamics equipment,or if any hardware or soft- For more information re changes are required,we will ship replacement products to you To find out how you can purchase SecurCare services,please contact the next business day. the office nearest you: Ip on the Web U.S. 800-995-5095 U.S.International 781-687-7700 UK Free Phone 0800 072 5095 zurCare services also give you access to support through the UK International +44 118 936 2699 ebal, 24-hour World Wide Web. All you do is log on to SecurCare aline using SecurID authentication. From there,you can create a For more information on the full range of Security Dynamics enter- vice call,check the status of a call,or add notes to a call. Since prise security solutions,call 800-SECURID or visit our Web site— ndard four-hour response applies to Web service calls,high-pnor- www securitydynamics.com requests should be logged through our telephone support line. i Seamy Dy, eea bdiera der dr i{w*'r"'n"l it�a,avr a 4(is pa*hMe on Aug Sock i"far- ---. ,,,sm"a,a♦ra to dtanio"iI mum Seamy Dy—io if not nerwedMtFr a7 asfrstns arm --ty i .. Dynm.a•AQlS,"Sarin ere vlwm ssdmw*1 d dr Seamy Dreoas,a IRS%NOW-rkmk4 `,�/ ,,,.:✓ . Wmd par r Whme ere endeworb of Seamy Dyrrnis rahwdsria.Lc All odes gdanrb as dre projorry of .� d'mrape`" ►ecurityDynamics mW.sarisya Dy�rdnr.raia.s,c Aa'iShO noR+d los lA!sretsy Aquarters:20 Crosby Drive,Bedford,MA 01730 USA Tel.800 SECURID or 781 687 70M Fax:781687 7010 Email:ildo@sealritydlmamics.com Intemet:www.semffktpwim.com iada:416 368 9980 United Kingdom:44 118 936 2600 France:33 146 94 75 58 Germany:49 6173 924 40 Norway:47 67 56 95 99 Singapore:65 334 5070 Hong Hang:852 2887 7847 Japan 813 3539 7517 611 ON -•' !: V5P «M P-21 I. product Datasheetyj ACE/Server STRONG AUTHENTICATION FOR SECURE ACCESS TO YOUR ENTERPRISE NETWORK ACE/Server ACE/Server provides centralized, j strong-authentication services or enterprise networks,ensuring Backup that only authorized users gain server access to network files,applica- tions and communications. In conjunction with our patented SecurlD token technology, AGE/Server creates a virtually . impenetrable barrier against Is me Firewall NT workstation unauthorized access,thereby protecting your network and ", ACE/Agent A UNIX ACE/Agent data resources from potentially '• devastating accidental or malicious intrusion. ACE/Server establishes a virtually impenetrable barrier around network resources. Highlights Secure access to network resources Enterprise-wider strong two-factor The rapid evolution of information technology has enabled greater flexibility authentication for secure access ! in today's business environment.Advanced remote access and networking to network resources ` solutions make it easy for mobile users to connect to the corporate network to .................................................................. access computer files,electronic mail,databases and other information-rich Secures all access points,includ- applications.While the increased use of information technology provides in;on-site network connections, flexibility flexibility and convenience,it also raises new threats to corporate assets.Static direaAal communications,fire- i passwords are no longer secure enough,as passwords are the intruder's most walls,network routers and 1/PNs common point of entry.In order to conduct business securely,organizations .................................................:................ ; require strong security measures to protect valuable network resources. Supports a range of authentication methods using the SecurlD family ACE/Server lets you create a secure perimeter around your network,ensuring of hard and soft tokens that only authorized users are permitted to enter beyond the network perimeter. . ..........:....................................................... Used in conjunction with the SecurID family of hard and soft tokens, Centralized management of ACE/Server combines strong,two-factor authentication with a powerful and multiple ACE/Server realms for unique time-based security algorithm to verify the identity and legitimacy of simple administration users attempting to access network resources.With ACE/Server and SecurID, ........................................:......................... 1 only those with the correct combination of the user's PIN and tokencode will Consistent,easrwfollow logon be allowed access to the network-ACE/Server secures all access points— procedures for end-users connections can be made and authorized via an on-site network connection, regardless of access point dial-in, Internet or intranet/extranet connection. ................................................................. Compatible with all major network i Simple,centralized security administration hardware and safh aro products j ACE/Server makes managing your security environment simple and straight- ..... ....._...... forward.Comprehensive administrative features are accessible via a graphical user interface(GUI)that is intuitive and easy-to-use. • Easy point-and-click interface is designed to minimize administrative overhead free administrators to do other tasks and lower training costs. Sge1Puur' ityDynamics• : ' Administrators can restrict user/group logon based on specific time of day 1 or days of the week. r� • Filtered audit log database messages can be forwarded to UNIX Custom reporting capabilities syslog or Windows NT event log,making it easy to highlight ACE/Server allows administrators to easily tailor reports to critical information from the extensive log data. specific seamy requirements. • Administrative console interface to customer-defined fields An audi.trail of each login attempt and operations performed in the database provides the ability to read,write,browse and is automatically generated. report on those customer fields. Reports can be generated to view the audit trail,including activity,exception,incident and usage summaries. Remote access security Simplified,yet secure remote network access is intended to • Many additional custom reports can also be generated. increase the productivity of the mobile user,protect vulnerable Log filtering supports notification based on events. corporate information assets,and reduce the administrative burden on IS managers.ACE/Server includes a variety of Cross-realm authentication features that makes it simple for both end-users and security Cross-realm authentication permits a distributed collection of administrators to securely deploy remote access technology. cooperating ACE/Servers to provide a single,enterprise-wide user • Mobile users can access the enterprise network from any geo- authentication service.Traveling tokenholders can authenticate graphic site,without having to carry multiple security tokens or on predetermined ACE/Server agents located in remote realms. remember different user ID's,passwords,PIN's or server names. After the first logon at a remote site,the user's home realm is • Remote users may be registered only at their home site, cached locally,which keeps network overhead to a minimum. reducing the risk of duplicating user information at multiple sites.If necessary,the administrator can delete remote users Network product integration by name,group,range or time since last logon. ACE/Server fits right into your existing computing environment I • Administrators can manage remote ACE/Server realms from a Through the SecurID Ready program,leading vendors of remote ate, central location,performing all administrative tasks without access products,Internet firewalls,network operating systems being local to the server.The administrator gets a token record and application software have built ACE/Server compatibility right on each realm and to change realms,simply exits out of into their products.Contact Security Dynamics for a complete SDADMIN,and reauthenticates in the new realm. listing of SecurID Ready partners. • Administrative authority can be delegated through the Creation .Technical requirements of administrative roles at various levels in the organization. • A separately licensed RADIUS (Remote Authentication Dial-In Platforms Windows NT(Intel);Sun Solaria;IBM AIX;HP-UX User Services)option lets you administer RADIUS users and Agents Apple AR IBM AIX,Windows NT,Digital UNIX.Net scape servers,Novell NetWare Connect, clients from the ACE/Server console with audit information open VMS,SCO,SGI IRIX,SunOS/Solaria, 3 logged through flat files.This option is based on RADIUS 2-o TACACS4,UNIX from Livingston Technologies,Inc. Disk requirements So MB for primary server software;22 MB for backup server,20 MB for distributed administration software; Token assignment and replacement 4 MB for initial user database;zoo MB required for ACE/Server provides an efficient process for token assignment installation;actual storage required based on size of that can be customized according to the size of the installation user population. and administrator preferences. Network protocol TCP/IP,UDP • A point-and-click interface is available to set up users and Backup Hot backup available groups,assign or delete tokens,and define access parameters. • New users can be added to an existing database at any time. ACE/Server is designed to easily scale for growing installations. • Batch token replacement simplifies the process of identifying ACE/sa+w,Sow►m,Smarty Dro"O OW da SO" 'e°Om m1dOW&of aging tokens and transitioning users to the replacement token, Sa "h'DrwmacsTairsol a ina.AN add troda"wks am the I"°p"I'of Char YWPX=w ors automating what can be a time-consuming and repetitive task. C 998$—nq D1'- a Tuh"obgicr,I—A9 rights�- i posal Seeurit D namies `onwmw Hit=r 20 Crosby Drive,Bedford,MA 01730 USA,Tel SW SECURID a 731 667 7D00 Fu 731 637 7010 y En-p I Hmdg wwm United Kingdom,Tel u 1734 79SS22 Fax u 1734 795333 Asia/pad&:Hgmdquu6ac Sinppore,Tel 6S 733 S40D Fax 6S 733 2400 Emu&info@sea"Rydynsmics.com latw" 'wwvcseeurilydym`mia.can i! ,i► Kent City Council Meeting �R Date May 4, 1999 Category Consent Calendar 1 . SUBJECT: COUNTRY CLUB NORTH FINAL PLAT FU-97-5 - FINAL APPROVAL 2 . SUMMARY STATZbU=: To approve staff ' s recommendation of approval with conditions of the Country Club North Final Plat and to authorize the Mayor to sign the final plat mylar. The Country Club North Final Plat is 8 . 14 acres in size and is located between SE 238th Street and SE 240th Street, and 139th Ave. SE and 140th Ave. SE. King County approved the prelimi- nary subdivision under Ordinance #12667 on January 13 , 1997 . This subdivision was transferred to Kent by King County upon the annexation of the Meridian Valley area. City staff has reviewed the proposed final plat and found that it complies with the conditions imposed by King County Ordinance No. 12667 . 3 . EXHIBITS: Memo; K.C. Ordinance #12667; Report and Recommendation to the Metropolitan King County Council File No. L95P0028 dated 2/7/97; and map 4 . RECOMMENDED BY: Staff (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. 6S CITY OftSV� Jim White, Mayor Planning Department (253) 859-3390/Fax (253) 850-2544 James P. Harris, Planning Director MEMORANDUM May 4, 1999 TO: MAYOR JIM WHITE AND CITY COUNCIL FROM: JAMES P. HARRIS,PLANNING DIRECTOR SUBJECT: COUNTRY CLUB NORTH#FSU-97-5 On January 13, 1997, King County approved Ordinance No. 12667 accepting the King County Hearing Examiner's approval of the Country Club North preliminary plat (File No. L95P0028), a 8.14 acre, 24-lot residential plat. Upon annexation to the City of Kent, the preliminary plat came under Kent's jurisdiction. The property is located between SE -' 238n Street (if extended) and SE 240' Street and 139' Ave SE (if extended) and 1401' Ave SE. Staff recommends the City Council approve the Country Club North Plat#FSU-97-5 with conditions referenced in the King County Hearing Examiner's report (File No. L95P0028). JPH\mjp\fsu9705fp.doc Enclosure cc: Fred S. Satterstrom, Planning Manager 220 4th AVENUE SOUTH / KENT,WASHINGTON 9801'-5895/TELEPHONE 1253)859-330) RECEIVE ;, 1 February 27, 1997 Introduced by Jane Ila Pro ~' 0 • 2 Ord97.1.19d -Proposed No. 97-2 P 3 CITY OF KEN i PLANNING DEPARTMENT 4 5 6 8 ORDINANCE NO. 667 ' 9 10 11 AN ORDINANCE concurring with the recommendation of the Hearing Examiner 12 to approve, subject to conditions(modified), the preliminary plat of COUNTRY 13 CLUB NORTH, designated Land Use Services Division File No. L95P0028. 14 15 16 BE IT ORDAINED BY THE COUNCIL OP KING COUNTY: 17 18 This ordinance does hereby adopt and incorporate herein as its findings and conclusions 19 the findings and conclusions contained in the report of the hearing examiner dated February 7, 20 1997, which was-filed with the clerk of the council on February 27, 1997, to approve,_subject to 21* conditions (modified), the preliminary plat of Country Club North, designated land use services 22 'division file no. L95P0028 and the council does hereby adopt as its action the recommendation(s) 23 contained in said report. 24 INTRODUCED AND READ for the first time this 13 a y of 25 ll 19_L• 26 PASSED by a vote of k?'0 this 10fday of &-,M a R �C.� , 19 27 KING COUNTY COUNCIL 28 KING COUNTY, WASHINGTON 29 30 31 32 33 JL 34 Ch 35 36 ATTEST: 37 38 39 40 Clerk of the Council 1E D February 7, 1997 F E B 1 01 1997 OFFICE OF THE HEARING EXAMINER KING COUNTY WASHINGTON ► 700 Central Building EAI z r!Os: 810 Third Avenue C Seattle, Washington 98104 ETVED Telephone (206) 296-4660 J A it+ Facsimile (206) 296-1654 CITY OF KEN-1 PLANNING DEPARTM9ri REPORT AND RECOMMENDATION TO THE METROPOLITAN KING COUNTY COUNCIL. SUBJECT: Department of Development and Environmental Services File No. L95P0028 Proposed Ordinance No. 97-25 COUNTRY CLUB NORTH Preliminary Plat Application Location: Between Southeast 238th Street (if extended) and Southeast 240th Street, and 139th Avenue Southeast (if extended) and 140th Avenue Southeast Owner/ Developer: William Goodwin 13821 Southeast 252nd Place Kent, Washington 98042 SUMMARY OF RECOMMENDATIONS: Division's Preliminary: Approve, subject to conditions Division's Final: Approve, subject to conditions (modified) Examiner: Approve, subject to conditions (modified) PRELIMINARY MATTERS: Application submitted: December 28, 1995 Notice of complete application: December 28, 1995 EXAMINER PROCEEDINGS: Hearing Opened: January 30, 1997 Hearing Closed: January 30, 1997 Participants at the proceedings and the exhibits offered and entered are listed in the attached minutes. A verbatim recording of the hearing is available in the Office of the King County Hearing Examiner. Country Club North - L95P0028 Page - 2 ISSUES ADDRESSED: • Drainage • Sidewalks for walking school children FINDINGS CONCLUSIONS & RECOMMENDATION: Having reviewed the record in this matter, the Examiner now makes and enters the following: FINDINGS: 1. General Information. Owner/Developer: William Goodwin 13821 Southeast 252nd Place Kent, Washington 98042 Ste; 12-22-05 Location: Between Southeast 238th Street (if extended) and Southeast 240th Street, and 139th Avenue Southeast (if extended) and 140th Avenue Southeast Zoning: R-4-P Acreage: 8.44 acres Number of Lots: 23 Density: 2.6 dwelling units per acre Typical Lot Size: Ranges from approximately 5,50 to 6,660 square feet Proposed Use: Single-family detached Sewage Disposal: Soos Creek Water and Sewer Water Supply: Water District #111 Fire District: King County #37 School District: Kent School District 2. Except as modified herein, the facts set forth in the King County Land Use Services g Examiner for the January 30, 1997, Division's preliminary report to the King County Hearin public hearing are found to be correct and are incorporated herein by reference. Copies of the LUSD report will be attached hereto for submittal to the Metropolitan King County Council. The LUSD staff recommends approval of the application, subject to conditions. 3. The Applicant, William Goodwin, proposes to subdivide 8.44 acres into 23.lots for single family housing development within the R-4-P zone. This is an infill development within a largely urbanized area lying east of the City of Kent. The site is generally flat with a slight gradient downslope to the west where a heavily grazed wetland lies. Existing dwellings and outbuildings are to be removed except for a newer residence in the northeast corner of the property on proposed Lot No. 1. Country Club North - L95M28 Page - 3 4. Most of the issues of concern with respect to this proposed development relate to problems associated with water. Drainage from the plat will flow from a RID pond in Tract B south to a ditch within the right of way for Southeast 240th Street, then west parallel to the arterial. A number of culverts within the existing downstream system are undersized to accommodate projected flows. However, a County CIP project scheduled for the section of Southeast 240th Street east of 116th Avenue Southeast is expected to remove these constrictions within the downstream system. The conditions require plat construction to either be delayed till the CIP drainage improvements are installed or to provide onsite over-detention of stormwater. 5. The wetland on the western half of the property outlets to the south into a swale across Tax Lot 1`l0. 78 owned by Larry and Kathy peters, who contend that gradin; done on the plat site some five years ago increased flows across their property. They seek assurances that plat development will not further increase flooding problems. 6. As proposed, plat development should probably decrease flooding problems on Tax Lot No. 78. Water onsite which now sheet-flows towards the wetland from the east will in the future be picked up within the onsite drainage system and piped directly to the Southeast 240th Street ditch. Moreover, after development the grazed pasture wetland will be set aside in a sensitive areas tract which will allow vegetation to reclaim it. This natural revegetation will increase the water retention capacity of the wetland. Even so, the plat conditions will be amended to require at engineering plan review consideration of the feasibility of installing an overflow pipe at the wetland outlet to allow flood level flows to be diverted to the drainage pipe while at the same time maintaining wetland hydrology. 7. Country Club North will be required to provide sidewalks along its frontage on Southeast 240th Street, and the County CIP will include sidewalk construction west of the plat. Nonetheless, there may remain a section of Southeast 240th Street between the plat and the terminus of the CIP where sidewalks will be absent. If students residing within the plat will be required to walk to the Kent School District junior high or elementary schools on 132nd Avenue Southeast north of Southeast 240th Street, a section of Southeast 240th Street without sidewalks would present a dangerous walking condition. Although there is a gravel shoulder along the north side of the right-of-way, pedestrians are hemmed in by speeding arterial traffic on one side and a deep drainage ditch on the other. In order to comply with the safe walking provisions of RCW 58.17.110, the Applicant will need to provide the missing sidewalk connection west to the CIP unless the Kent School District commits to busing students who attend either of the schools on 132nd Avenue Southeast. CONCLUSIONS: 1. If approved subject to the conditions recommended below, the proposed subdivision makes appropriate provision for the public health, safety and welfare; serves the public use and interest; and meets the.requirements of RCW 58.17.110. 2. The conditions of approval recommended herein, including dedications and easements, will provide improvements which promote legitimate public purposes, are necessary to serve the subdivision and are proportional to its impacts; are required to make the proposed plat Country Club North - L95P0028 Page - 4 reasonably compatible with the environment; and will carry out applicable state laws and regulations and the laws, policies and objectives of King County. RECOMMENDATION: APPROVE the preliminary plat of Country Club North, as revised and received June 6, 1996, subject to the following conditions of final plat approval: 1. Compliance with all platting provisions of Title 19 of the King County Code. 2. All persons having an ownership interest in the subject property shall sign on the face of the final plat a dedication which includes the language set forth in King County Council Motion No. 5952. 3. The plat shall meet the minimum density of the R-4 zone classification. All lots shall meet the minimum dimensional requirements of the R-4 zone classification or shall be as shown on the face of the approved preliminary plat, whichever is larger. Minor revisions to the plat which do not result in substantial changes may be approved at the discretion of the Department of Development and Environmental Services. 4. The applicant must obtain final approval from the King County Health Department. 5. All construction and upgrading of public and private roads shall be done in accordance with the King County Road Standards established and adopted by Ordinance No. 1.1187, as amended. 6 The applicant shall obtain the approval of the King County Fire Protection Engineer certifying the adequacy of the fire hydrant, water main, and fire flow to meet the standards of Chapter 17.08 of the King County Code. 7. Final plat approval shall require full compliance with drainage provisions set forth in King County Code 9.04 and the storm drainage requirements and guidelines as established by the Surface Water Management Division. Compliance may result in reducing the number and/ or location of lots as shown on the preliminary approved plat. The following conditions represent portions of the Code and requirements and shall apply to all plats. a. Drainage plans and analysis shall comply with the 1990 King County Surface Water Design Manual and updates which were adopted by Public Rule effective January 1, 1995. DDES approval of the drainage and roadway plans is required prior to any construction. b. Current standard plan notes and ESC notes, as established by DDES Engineering Review, shall be shown on the engineering plans. C. The following note shall be shown on the final recorded plat: Country Club North - L95POO28 Page - 5 . ,,. All building downspouts, footing drains, and drains from all impervious surfaces such as patios and driveways shall be connected to the permanent storm drain outlet as shown on the approved construction drawings # on file with DDES and/or the Department of Public Works. This plan shall be submitted with the application of any building permit. All connections of the drains must be constructed and approved prior to the final building inspection approval. For those lots that are designated for individual lot infiltration systems, the systems shall be constructed at the time of the building permit and shall comply with plans on file." 8. The following conditions specifically address drainage issues for this particular plat: a. A CIP project for the improvement of SE 240th Street from this development west to 116th Avenue SE is designed and pending construction slated for spring and summer 1997. The construction of this project will correct downstream drainage capacity problems outlined in the Level Three Drainage Analysis (received June 6, 1996). The CIP drainage improvements necessary to improve the downstream drainage shall be installed prior to construction of this development. If, for any reason, the CIP project is canceled or delayed, this development can be constructed by over-detaining the stormwater detention system to the following release rate: Stormwater detention shall be computed using an SCS-based hydrograph method (or other method approved by King bounty). The performance of the detention facility shall be such that discharge from the development shall be no more than the pre-developed 2-year/24-hour for design storm events up to and including the 100-year/24-hour storm event. b. At engineering design review it will be necessary to assure that sufficient hydrology is maintained to the onsite wetland while at the same time avoiding an increase in downstream flooding to Tax Lot 78. Consideration shall be given to installing a pipe at the site boundary where the wetland outlets to Tax Lot 78 to divert floodwaters east to the drainage outlet pipe while still maintaining adequate wetland hydrology. 9. The following road improvements are required for this subdivision to be designed and constructed according to the 1993 King County Road Standards. a. The internal access road from 140th Avenue SE shall be designed to the urban subaccess standard. b. The frontage of the site along 140th Avenue SE (west side only) shall be designed to the urban neighborhood collector standard. C. The frontage of the site along SE 240th Street (north side only) shall be designed to the urban principal arterial standard, with provision for a bike lane. Country Club North - L95P0028 Pave - 6 d. Tract E shall be improved as a private access Sect Section 2 03 of the King Coun a minimum of 26 feet ety Road improved to the minor access road standards Standards. e. Modifications to the above road conditions may be considered by King County pursuant to the variance procedures in the 1993 King County Road Standards, Section 1.08. 10. All utilities within proposed rights-of-way must be included within a franchise approved by the King County Council prior to final plat recording. 11. The applicant or subsequent owner shall comply with King County Code 14.75, Mitigation Payment System (MPS), by paying the required MPS fee and administration fee as determined by the applicable fee ordinance. The applicant has the option to either: (1) pay the MPS fee at final plat recording, or (2) pay the MPS fee at the time of building permit issuance. If the first option is chosen, the fee paid shall be the fee in effect at the time of plat application and a note shall be placed on the face of the plat that reads, "All fees required by King County. Code 14.75, Mitigation Payment System (MPS), have been paid"; if the second option is chosen, the fee paid shall be the amount in effect as of the date of building permit application. 12. Lots within this subdivision are subject to King County Ordinance 10162 and Ordinance 12148 which imposed impact fees to fund school system improvements needed to serve new development. As a condition of final approval, fifty percent (50%) of the impact fees due for, the plat shall be assessed and collected immediately prior to recording using the fee schedules in effect when the plat received final approval. The balance of the assessed fee shall be allocated evenly to the dwelling units in the plat and shall be collected prior to building permit issuance. 13. There shall be no direct vehicular access to or from Southeast 240th Street or 140th Avenue Southeast from abutting lots. 14. Lots 16-19 shall have undivided ownership of Tract E and be responsible for its maintenance. 15. A tract shall be created to provide access to Tract `A' (park/recreation) and proposed Lot 14 (revision received June 6, 1996). The Homeowner's Association shall have undivided ownership of this access tract, and Lot 14 shall be responsible for its maintenance. The access tract shall be 20 feet wide and improved with an 18-foot-wide paved surface and controlled drainage. An easement for ingress/egress and utilities shall be provided for Lot 14. 16. The planter islands (if any) within the cul-de-sacs shall be maintained by the abutting lot owners. This shall be stated on the face of the final plat. 17. Preliminary plat review has identified the following specific requirements which apply to this project. All other applicable requirements from KCC 21A.24 shall also be addressed by the applicant. Country Club Forth - L95P0028 Page - 7 a. Class 2 wetland(s) shall have a buffer width of 50 feet, measured from the wetland edge. b. The wetlands) and the respective buffers shall be placed in a Sensitive Area Tract (SAT). C. A minimum building setback line of 15 feet shall be required from the edge of the SAT. 18. The following note shall be shown on the final engineering plan and recorded plat: RESTRICTIONS FOR SENSITIVE AREA TRACTS AND SENSITIVE AREAS AND BUFFERS Dedication of a sensitive area tract/sensitive area and buffer conveys to the public a beneficial interest in the land within the tract/sensitive area and buffer. This interest includes the preservation of native vegetation for all purposes that benefit the public health, safety and welfare, including control of surface water and erosion, maintenance of slope stability, and protection of plant and animal habitat. The sensitive area tract/sensitive area and buffer imposes upon all present and future owners and occupiers of the land subject to the tract/sensitive area and buffer the obligation, enforceable on behalf of the public by King County, to leave undisturbed all trees and other vegetation within the tract/sensitive area and buffer. The vegetation within the tract/sensitive area and buffer may not be cut, pruned, covered by fill, removed or damaged without approval in writing from the King County Department of Development and Environmental Services or its successor agency, unless otherwise provided by law. The common boundary between the tract/sensitive area and buffer and the area of development activity must be marked or otherwise flagged to the satisfaction of King County prior to any clearing, grading, building construction or other development activity on a lot subject to the sensitive area tract/sensitive area and buffer. .The required marking or flagging shall remain in place until all development proposal activities in the vicinity of the sensitive area are completed. No building foundations are allowed beyond the required 15-foot building setback line, unless otherwise provided by law. 19. The proposed subdivision shall comply with the Sensitive Areas Ordinance as outlined in KCC 21A.24. Prior to engineering plan approval, the applicant shall provide Notice on Title as outlined in KCC 21 A.24.170. Permanent survey marking and signs as specified in KCC 21A.24.160 shall also be addressed prior to commencing construction activities on the site. 20. Suitable recreation space shall be provided, consistent with the requirements of KCC 21A.14.180 and KCC 21A.14.190. A recreation space plan shall be reviewed and approved by DDES and the King County Parks Division prior to engineering plan approval. If the Country Club North - L95P4028 Page - 8 recreation space remains within Tract A or is moved to another location fronting on Southeast 240th Street or 140th Avenue Northeast, a solid wooden fence, six feet high, shall be placed between the tract and road rights-of-way. 21. A homeowners' association or other workable organization shall be established to the satisfaction of DDES, which provides for the ownership and continued maintenance of the recreation and sensitive area tract(s). Street trees shall be provided as follows: a. Trees shall be planted at a rate of one tree for every 40 feet of frontage along SE 240th and 140th Avenue Southeast. Spacing may be modified to accommodate sight distance requirements for driveways and intersections. b. Trees shall be located within the street right-of-way and planted in accordance with Drawing No. 5-009 of the 1993 King County Road Standards, unless King County Department of Transportation determines that trees should not be located in the street right-of-way. C. If the Department of Transportation determines that the required street trees should not be located within the right-of-way, they shall be located no more than 20 feet from the street right-of-way line. d. The trees shall be owned and maintained by the Homeowners' Association or other workable organization unless the County has adopted a maintenance program. This shall be noted on the face of the final recorded plat. e. The species of trees shall be approved by DDES and Public Works if located within the right-of-way, and shall not include poplar, cottonwood, soft maples, gum, any fruit-bearing trees, or any other tree or shrub whose roots are likely to obstruct sanitary or storm sewers, or that is not compatible with overhead utility lines. f. The applicant shall submit a street tree plan and bond quantity sheet for review and approval by DDES prior to engineering plan approval. Public Works shall also review the street tree plan if the street trees will be located within the right-of-way. g. The applicant shall contact Metro Service Plaanina at 684-1622 to determine if SE 240th Street or 140th Avenue SE is on a bus route. If either SE 240th Street or 140th Avenue SE is a bus route, the street tree plan shall also be reviewed by Metro. h. The street trees must be installed and inspected, or a performance bond posted, prior to recording.of the plat. If a performance bond is posted, the street trees must be installed and inspected within one year of recording of the plat. At the time of .inspection, if the trees are found to be installed per the approved plan, a maintenance bond must be submitted or the performance bond replaced with a maintenance bond, and held for one year. After one year, the maintenance bond may be released after DDES has completed a second inspection and determined that the trees have been kept healthy and thriving. .,� Page - 10 Country Club North - L95P0028 TRANSMITTED this 7th day of February, 1997, to the following parties and interested persons: William Goodwin Nancy Hawkins Shupe Holmberg John L. Breeze Larry and Cathy Peterson David Jenks John L. Scott Land Dept. Greg Borba, DDES/LUSD Kim Clauseen, DDES/LUSD Jon Hansen, DDES/LUSD Paulette No—man, KCDOT Bruce Whittaker, DDES/LUSD Lisa Pringle, DDES/LUSD Steven C. Townsend, DDES/LUSD Marilyn Cox, DDES/LUSD Laura Casey, DDES/LUSD King Conservation District NOTICE OF APPEAL AND ADDITIONAL ACTION REOU M In order to appeal the recommendation of the Examiner, written notice of appeal must be filed with the Clerk of the King County Council with a fee of$125.00 (check films,le t King County and b Office i of o g p •-.,� Finance) on or before February 21, 1997. If a notice of appeal �basis for the appeal and argum�in suPPo rt of the appeal a written appeal statement specifying the County Council on or before February 28, 1997. Appeal must be filed with.the Clerk of the King statements may refer only to facts contained in the hearing record; new facts may not be presented on appeal. Filing requires actual delivery to the Office of the Clerk of the Council, Room 403, King County Courthouse, prior to the close of business (4:30 p.m.) on the date due. Prior mailing is not sufficient if actual receipt by the Clerk does not occur within the applicable time period. The Examiner does not have authority to extend the tiu'7e period unless the Office of the Clerk is not opeu on the specified closing date, in which event delivery prior to the close of business on the next business day is sufficient to meet the filing requirement. If a written notice of appeal and filing fee are not filed within fourteen (14) calendar days of the date of this report, or if a written appeal statement and argument are not filed within twenty-one (21) calendar days of the date of this report, the Clerk of the Council shall place a proposed ordinance which implements the Examiner's recommended action on the agenda of the next available Council meeting. At that meeting, the Council may adopt the Examiner's recommendation, may defer action, may refer the matter to a Council committee, or may remand to the Examiner for further hearing or further consideration. Action of the Council Final. The action of the Council approving or adopting a recommendation of the Examiner shall be final and conclusive unless a proceeding for review pursuant to the Land Use Petition Act is commenced by filing a land use petition in the Superior Court for King County and Country Club North - L95P0028 Page - 9 A $538 landscape inspection fee shall also be submitted prior to plat recording. The inspection fee is subject to change based on the current County fees. 22. The following have been established by SEPA as necessary requirements of this development as mitigation. The Applicant shall demonstrate compliance with these items prior to final approval: Construct an eastbound left-turn lane on SE 240 Street at the intersection with 140th Avenue Southeast. Channelization and illumination plans must be reviewed and approved by King County Traffic Engineering prior to engineering plan approval (King County Comprehensive Plan Policy T-107). 23. a. The engineering plans for this project shall identify the location of any wells on the site and provide notes which address the requirements for the contractor to abandon the well(s) pursuant to requirements outlined in the Washington Administrative Code (WAC 173-160). b. Plan review for building permits on individual lots shall address the need for footing drains. A note to such effect shall be placed upon the final plat. 24. The following conditions shall apply to implement the P-suffix conditions that apply to this property: a. Seasonal Clearing: Clearing and grading shall not be permitted between November 1 �y^` and March 31. unless otherwise approved by DDES (1991 Soos Creek Community Plan, pages 149-150). b. Clearing and grading: The applicant shall demonstrate compliance with P-suffix condition regarding lot clearing and grading prior to engineering plan approval (1991 Soos Creek Community Plan, pages 148-159) 25. The Applicant shall provide a sidewalk on Southeast 240th Street from the plat frontage west to the County CIP unless the Kent School District commits, in writing, to either bus srudents residing in the plat to and from Meridian Junior High and Sunrise Elementary Schools or to assign them to other schools. RECOMMENDED this 7th day of February, 1997. Ord L. Smith, Deputy King County Hearing Examiner �,, Page - 11 Country Club North - L95P0028 • ''` serving all necessary parties within twenty-one (21) days of the date on which the Council passes an ordinance acting on this matter. MINUTES OF THE JANUARY 30, 2997, PUBLIC HEARING ON DDES FILE NO. L95P0028 - PRELIMINARY PLAT OF COUNTRY CLUB NORTH. Stafford L. Smith was the Hearing Examiner in this matter. Participating at the hearing were Kim Claussen, Bruce Whittaker, and Shupe Holmberg. •The following exhibits were offered and entered into the hearing record: Exhibit No. 1 Department of Development and Environmental Services file No. L95P0028 Exhibit No. 2 Department of Development and Environmental Services preliminary report, dated January 30, 1997 Exhibit No. 3 Application dated December 28, 1995 Exhibit NO. 4 Environmental checklist dated December 28, 1995 Exhibit No. 5 Mitigated Declaration of Non-significance dated January 7, 1997 Exhibit No. 6 Affidavit of Posting indicating December 31, 1996, as date of posting and January 6, 1997, as the date the affidavit was received by the Department of Development and Environmental Services Exhibit No. 7 Plat map dated June 6, 1996 (revision) Exhibit No. 8 Land Use map 643E & W; 649 E & W Exhibit No. 10 Conceptual drainage plan (revision received August 20, 1996) Exhibit No. 11 Geotechnical study by Geotech Consultants dated June 3, 1996 Exhibit No. 12 Traffic study by Gibson Traffic dated April 11, 1996 Exhibit No. 13 Wetland study by J.S. Jones & Assoc. dated April 14, 1995 Exhibit No. 14 Letter from Larry and Cathy Peters received January 22, 1997 (with enclosed photographs) .Exhibit No. 15 Proposed Conditions 25 and 26 Exhibit No. 16 Revised Conceptual Drainage Plan Exhibit No. 17 Downstream drainage map Exhibit No. 18 Roadway and drainage plan Exhibit No. 19 North Peak Crest Drainage Modification Exhibit No. 20 Excerpt (3 pages) from Thomas Bros maps showing site and marking school locations in area SLS:daz plats1l95p1195p0028.rpt .. 1 541.95' 24' 3" N 66•S94Y W 541.95` 05.06' 61.00' 96.00' 4.00' 20' 14' 3 NOT A PART 2 N „ • W ` y s C S'PRIVATE r z ORAINAGE z c . ij' EASEMENT z•.E %36. 24.43' $, ?SANITARY \-------Jrrr r SEWER��ti.,j ;ei79 `5 a� EARJtMENr 03 71.07 1s OS�I 2 I �. '.-. 7 �' ir.♦ - - TRACT s^ t; .h �: aS 7 1%r k.;:e ti'• S.L.•238TH PL = • PwVAR • ti N W4X39'W b 77&00' S.A.T. i / r11��� r/ .`• S�6 ty r :a`....�•p �_ ��.�_,1 In ,' •,' -.�'� '� r4i•orJty; f. `> • % 7�RiANITMY . . s CZ $' �✓ '// q � r I c. 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J Cl3 .\ \ 44.06' 60.00' SIDEWALK—I lu .13'WATER UNE EA + �J 10'SAMT I N 6916 00'W EASEMENT EASEiIEN7 =.11 I IIIUE EfIiS55 . • iA I W ING INGRESS.E - T . . t U EASEMENT '^7 &U71UTY S.Op W io FOR TRACT 6 6.00 FOR 14 1= W1 I+ W 14 8 0 15 4.5'.. ' .q�•' 9 � 10 W 11 �o 12 81 I 13 ' r o -• bb SI 20 24' I • i o I I. J I 11 WATER Y N z IC - . (EASEMENT I I. Cl .'�. . •63.91': 60.Od 00,OW 60.00' 60.00' 60.00' 40.12' "zy.. -, SANITARY SEWER .i-y?^-------- . , EASEMENT- - N 20'R/W TO K W DED t0 43293' - EASEMENT TO PUGET ✓r, r CflY OF KENT UPON' - SOLM ENERGY REC.NO. ' ': ►•. IILCORDING Or.TNKAAT N 89.00'OO W -'45L92"�•.' 97123002037• . O,•cp11AMAGE EASEMENT \-5.UNE•'Sw 1/4 SEC. 14-32.5. ' i0UN0 • .k"COUNTY.REC. .FS,E. Z40ih ST. - FOUNO ' ,• 7N04120715. �i .I r«•, ,ia,lea•, r .:—7\ -T — 1. CURVE TABLE NOTE 1 , ..TRACT$0,E t r ARE PRIVATE ACCESS ..:TRACT. SEE.NOTES 3, 4&S cN SHEET Z. . ;r 4 CIS s-• *fir— .F — r' y, .w Kent City Council Meeting Date May 4 , 1999 up Category Consent Calendar 1 . SUBJECT: TRANSIT ADVISORY BOARD REAPPOINTMENTS 2 . SUIGL%RY STATEMENT: Confirmation of the Mayor' s reappoint- ment of Bob Whalen, Linda Johnson, Frank Wiemes, and Jay Bakst to continue serving as members of the Transit Advisory board. Their terms will continue until 4/30/2001 . 3 . EXHIBITS: Memorandum 4 . RECOMMENDED BY: Mayor White (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. 6T MEMORANDUM TO: LEONA ORR, CITY COUNCIL PRESIDENT CITY COUNCIL MEMBERS FROM: MAYOR JIM WHITE Ae&-. �n DATE: APRIL 26, 1999 SUBJECT: REAPPOINTMENTS TO TRANSIT ADVISORY BOARD I have reappointed Bob Whalen, Linda Johnson, Frank Wiemes and Jay Bakst to continue serving as members of the Transit Advisory Board. Their new terms will continue until 4/30/2001. 1 submit this for your confirmation. JW.jb �w REPORTS FROM STANDING COMMITTEES AND STAFF A. COUNCIL PRESIDENT B. OPERATIONS COMMITTEE C. PUBLIC SAFETY COMMITTEE D. PUBLIC WORKS/PLANNING COMMITTEE E. PARKS COMMITTEE F. ADMINISTRATIVE REPORTS OPERATIONS COMMITTEE MINUTES April 6, 1999 COMMITTEE MEMBERS PRESENT: Chair Judy Woods, Sandy Amodt, Tim Clark(Leona Orr, Council President, filled in for Tim Clark for first five minutes.) STAFF PRESENT: Lori Hogan,May Miller, John Hodgson,Joe Lorenz,Marty Mulholland, Stan Waldrop,Dena Laurent,Cheryl Fraser, Roger Lubovich,Brent McFall,Tamara Sevigny,Julie Stangle,Dennis Higashiyama,Barry Fretwell, Janet Hasselblad,Jim Carroll, Jackie Bicknell PUBLIC PRESENT: John Santana The meeting was called to order by Chair Judy Woods at 3:34PM. Anoroval of Minutes of March 16, 1999 Committee Substitute Member Leona Orr moved to approve the minutes of March 16, 1999. The motion was seconded by Committee Member Sandy Amodt and carried 3-0. Anoroval of Combined Chet Detail Vouchers Dated Mach 31, 1999 Finance Director May Miller presented the Voucher dated March 31, 1999. Committee Member Tim Clark moved to approve the vouchers dated March 31, 1999 in the amount of $3,908,392.33. The motion was seconded by Sandy Amodt and carried 3-0. ' 7` YouthlTeen Utility Tax Re-Authorization Parks Director John Hodgson presented a background of the Youth/Teen Utility Tax. In 1994,the City Council authorized a.03%utility tax dedicated to youth programs in the community. At that time the City had completed a study of whether a youth facility would be built in Kent. The Council wanted to put that on hold and look for other alternatives in providing youth services. The money that was allocated for the teen tax has been used to provide activities for kids in schools,parks, apartment complexes, and other places where children congregate. Mr. Hodgson introduced Cheryl Fraser, Recreation Facility Manager, who presented the program through a Power Point and Video presentation assisted by Lori Hogan, Cultural Programs - Superintendent. Ms. Fraser related how, under the Council's direction, a program was built that helps youth stay free of trouble, empowers them to be valued partners in the community, and takes services for youth into the neighborhoods. The program incorporates a wide variety of afterschool, evening, and weekend activities, and includes capital projects which benefit youth and the Kent Police Youth Safety program. The benefits and outcomes have been youth empowerment, greater self-esteem, and increased leadership skills. In developing the program, staff has worked together with parents, teachers, city leaders, youth workers, businesses, neighbors, and religious leaders. Research shows that the more developmental assets young people have, the less likely they are to engage in problem behaviors, and the more likely they will be to engage in positive behavior and grow into competent, caring and healthy adults. Positive developmental experiences reinforce clear boundaries, healthy expectations of behavior, and constructive use of time. External assets include an increase of the community's value of youth, adult role models, high expectations, and more youth programs. Internal assets include honesty, responsibility, interpersonal competence, and a positive view of personal futures. Operations Committee,4/6/99 Page 2 The Lighthouse is a drop-in program that provides education, recreation, and counseling services to teens. There are two sites in Kent located at Sequoia Jr. High and Kent Jr. High. In 1998, 7,800 teens participated at the Kent sites. B.R.I.C.K. (Building relationships in the Community of Kent) operates out of Meridian Jr. High. This program is modeled after Lighthouse and offers recreation and educational activities for teens. Teens have a safe place to socialize,recreate or do homework with assistance from adult role models. In 1998, 1,895 teens participated in the program. P.R.O. Families(Positive Recreational Opportunities) is an apartment-based program designed to engage families in recreational activities at their home apartment. Two apartment communities are currently involved at James Street Crossing, and Washington Park. This includes a family recreation night once a month. In 1998, 550 individuals participated in the program. Club Accelerate is a school-based program for children 6-12 years of age and provides a safe atmosphere for them to have fun. Sports, arts-n-crafts, drama, and special projects take place during aftershool hours in seven different school locations. In 1998 there were 10,787 children participating. The Mobile Recreation Technology Bus or`Big Blue"provides computer technology tools for youth to use for homework and school projects,research subjects, and access to the Internet. It stops at schools, apartments, and playgrounds and in 1998 made 279 visits. In the Teen Outdoor Adventure Club,teens plan and participate in outdoor trips that challenge them to develop leadership and team- building skills,responsibility, and self-esteem. Over 40 different trips were taken in 1998 with 522 teens participating. Trips included skiing, snowboarding,rock climbing,kayaking,hiking, camping, and field trips. Teen Employment incorporates a summer trails program,the community pea-patch, classes and workshops, and interviews with businesses and a placement service. There are six Summer Playground locations in neighborhood parks that provide games and competitions for children and their families. This program partners with the Kent School District in providing free lunches to children at the playground sites. Future Capital Projects which will benefit youth are a downtown basketball court, a West Fenwick Park basketball court,West Hill Skate Park, East Hill Skate Park, and the BMX Bicycle Park. Teensight is a teen video crew that produces shows aimed at the teen population and aired on Channel 28. The teens planned, filmed, edited, and produced 21 shows that were aired on Kent Cable TV in 1998. Kent Police Youth Safety Program includes youth highway safety research, training for parents in the proper installation and use of child car seats,proper seat belt restraints,bicycle safety, and pedestrian safety. The Youth Wellness Conference is a 3-Day Youth Conference dealing with issues important to youth today. Sandy Amodt moved that the Operations Committee recommend to the Council to authorize the continuation of the Youth and Teen Utility Tax of three/tenths of one percent, and dedicate one half of one percent for capital projects, oriented to youth. The motion was seconded by Tim Clark and carried 3-0. Fire Record System Software Purchase Agreement Information Services Director Marty Mulholland told the Committee that the fire system the City uses now was purchased in 1986 and is not Year 2000 compliant. Kent is the only current user of that system, and consequently, there is no vendor support for the system. Ms. Mulholland introduced Stan Waldrop, Systems Analyst,who covered the vendor selection process. Sunpro,Inc. has the recording system the Fire Department needs and can provide an acceptable level of support. This system will also be able to interface with other City systems. The Sunpro product is used by 175 other clients in Washington State. Operations Committee,4/6/99 Page 3 Tim Clark moved that the Operations Committee recommend to the Council to authorize the Mayor to sign a contract with Sunpro, Inc. for the purchase of a Fire Record System Software and Services,subject to City Attorney approval of contract documents. The motion was seconded by Sandy Amodt and carried 3-0. Fire Station Wiring Infrastructure Network Manager Joe Lorenz presented the Fire Station Wiring Infrastructure as part of the 1998- 2000 Technology Plan. This new wiring infrastructure will allow computer equipment to communicate with City networked resources such as e-mail and will support other new technology as it becomes available. Two bids were received and were reviewed by consultants Northwest Information Services who recommended the lowest bidder, BTS Communications. Tim Clark moved that the Operations Committee recommend to the Council to authorize the Mayor to enter into contract with BTS Communications for the Fire Stations Infrastructure Wiring, subject to City Attorney approval, in the amount of$82,015.79. The motion was seconded by Sandy Amodt and carried 3-0. February Financial Report Chair Judy Woods specified that the report was included for Committee perusal and any questions could be directed to Finance Director May Miller. The meeting was adjourned at 4:29PM. ackie Bicknell, Council Secretary PUBLIC SAFETY CONMTTEE MINUTES January 26, 1999 COMMITTEE MEMBERS PRESENT: Chair Connie Epperly, Sandy Amodt, Tom Brotherton STAFF PRESENT: Jed Aldridge, Joe Lorenz, Marty Mulholland, Ed Crawford, Roger Lubovich, Rob Scholl, Dave Everett,Andre Lang, Frank Connelly,Dena Laurent PUBLIC PRESENT: Bill Young,Dorothy Young, Jackie Reis, John Santana, Heidi Campbell Approval of the Minutes of November 24, 1998 Committee Member Tom Brotherton moved to approve the minutes of November 24, 1998. The motion was seconded and carried 3-0. Moratorium on Card Rooms City Attorney Roger Lubovich informed the Committee that there had been an increase in card rooms throughout the South King County region since the Legislature amended the Gambling Act in 1997. That amendment allowed non-tribal establishments to compete with the tribal establishments. As a result of the increase in the number of establishments being located in this area,jurisdictions are starting to look at whether they are properly regulated or zoned. The proposed resolution would establishment a moratorium on the issuance of any development licensing permits for card room activities in the City of Kent. It would allow a six-month period to conduct research or surveys to see if anything needs to be done. This moratorium would not prohibit pull tabs,punch cards, or the regulated activities of charitable non-profit organizations. Currently there is one card room establishment in Kent. Mr.Lubovich said there are options of regulating card room activities. Zoning can keep them out of certain areas;taxes,which are now at 10%, can be increased up to a maximum of 20%;or, any or all of the gambling activities authorized by the gambling commission can be prohibited. The moratorium does not forever ban card room activities,but puts a hold on permits in order to survey the situation and research it. If the moratorium is approved, it would be sent to the next Council meeting on February 2, 1999 for consideration. Sandy Amodt asked what gambling activities the facility in Kent operates. Mr. Lubovich-said the activities include pull tabs, punch cards, and tables. Tom Brotherton asked for clarification-that the current zoning for card rooms is any commercial zone. Mr. Lubovich said that was his understanding. Connie Epperly noted that the City Council has adopted the phrase"Hometown for Families" and stated that this activity doesn't seem like a hometown activity. She said these establishments become destination points where people outside this jurisdiction come to gamble, and that drains the public safety resources of the City. She asked if there was any way to legally keep them out altogether. Roger Lubovich said they could be amortized out over time. Licenses are granted for one year and the establishments operate year to year. Sandy Amodt moved that the Public Safety Committee recommend to the Council adoption of the proposed Resolution imposing a moratorium on the acceptance of application and issuance of permits for food and drink establishments conducting commercial stimulant card games and setting February Wh as the date for hearing on the moratorium. The motion was seconded. Roger Lubovich added that,by state law, a public hearing must be held within 60 days of adopting a moratorium. The motion passed with a vote of 3-0. Public Safety Committee, January 26, 1999 -2 . , .- Y2K Preparedness -. Sandy Amodt introduced citizen Dorothy Young who holds community neighborhood meetings in her home to prepare people in home preparedness for Y2K issues that may occur, such as possible power outages. Ms. Young said that after hearing negative comments, she bought the book, "Time Bomb 2000", and then attended a seminar in Seattle. She felt her responsibility was to help prepare her family and neighbors. Ms. Young's husband,Bill,prepared a flyer announcing a meeting and Ms. Young knocked on doors inviting her neighbors� �to comemmeeting wherewhe�dah �Yp�a�nendth neighborhood meeting. Twelve or fifteen neighbors came to problem using a 15 page packet that a friend had given her. She found that people wanted a list of things they should do, and such a list Q fo included nal food he packet. Ms. Young suggested getting hard copies of all records, and preparing and water for several days or weeks. She recommended neighbors keeping in contact with each other. She said there is no guarantee that there will not be a problem, so the best thing to do is be prepared if there is a problem. Sandy Amodt expressed an idea to send a notice oCity iwan my a py��e�ac1ketYs2alre focused on s. Amodt offered Y2K preparedness packets for any g the neighborhood and what people can do in their own homes. She said a non-profit organization, Y2K Kent Citizens and everybody is welcome to join. The Awareness Association, is starting up happen. There will also be goal is to educate neighbors for preparation for any emergency that might computer information available on preparing a home computer for the Millennium Bug and on checking to see if a computer is Y2K compliant. Connie Epperly mentioned that the City of Kent is a leader in preparedness but cannot control en as there are outside vendors that the City must rely upon. Assistant everything that might happe n Fire Chief Jed Aldridge added that the community approach is a really good,common sense approach. The Fire Department's emphasis on Y2K preparedness is much like for any other disaster. People should be prepared to be self-reliant for a minimum of 72 hours. The Department is getting the word out to citizens and employees on preparedness and will be teaching a 28 hour class move to community emergency response issues. The classes will start this year with City employees the citizens, then the business community, and will cover disaster preparedness, disaster fire suppression, disaster medical response, and the psychological impacts of dealing with disaster. Mr. Aldridge said the Fire Department is preparing a Y2K flyer to go out in March. They have participated with the state on Y2K focus groups planning what communities need to do. They are trying to attain a single point of reference with single information coming out. Mr. Aldridge said Steve Shopfer, the City's Y2K Consultant,has been meeting with the Association of Washington Cities at Station 73 for about 4-5 months. Those meetings have grown from an impromptu group of about 20 concerned representatives from municipalities in Western Washington to over 84 people in attendance at one meeting. Representatives afr m ble tto talk abuget Soundout Y2K and is impacts. Home people from the legal profession have been preparedness is a key, with neighborhoods relying on each other and people looking out for each other. Mr. Aldridge said if people have questions about home preparedness they can contact the Office of Emergency Management. A lot of printed material is available as well as material on the Internet. Public Safety Committee, January 26. 1999 people call Dorothv Young or herself if they wish to have a community Sandy Amodt suggested that meeting or if they want to come to one. They can also check out Ms. Amodt's website at http:l/members.aol.com/samodt. Dorothy Young said a Y2K seminar will be held on the 20`h of February at the Faith Baptist Church, 140 Street across from Meridian Elementary School from 9:OOAN4— 12:OOPM. People may contact Ms. Amodt at 253- 859-1679, or Ms. Young at 253- 852- 7984. Call the City if there are additional questions. Chair Connie Epperly announced that a Bicycle Rodeo is planned for June 5, 1999. She extended an invitation to kids between the ages of 10 and 15 to join the Task Force on Bicycle Helmet Safety. Interested parties can call the Mayor's Office at 253-859-335 5. The meeting was adjourned at 5:40PM. Public Works/Planning Committee Minutes April 5, 1999 COMMITTEE MEMBERS PRESENT Chair Tim. Clark, Tom Brotherton, Rico Yingling STAFF PRESENT: Fred Satterstrom, Don Wickstrom, Roger Lubovich, John Hodgson, Jackie Bicknell PUBLIC PR--SEN T: Jim and Elsy Rust, Merry Haves, John Santana, Hugh Lieper The meeting was called to order by Chair Tim Clark at 4:08PM. Approyal of Minutes of March 15 1999 Committee Member Tom Brotherton moved to approve the minutes of'vlarch 15, 1999. The motion m was seconded by Committee Member Rico Yingling and carried 3-0, Svstems Development Fee Meridian Stormwater Capital Improvement Program t the Issue of drainage rate Increases in the Soos Public Works Director Don Wickstrom recalled tha Creek Basin Area had previously been brought before the Public Works/Tanning Committee on March 1, 1999. At that time one of the issues the Committee asked the Public Works Department to address was the System Development Charge. Staff looked at the surrounding communities to see what was typical. Auburn, Renton, and Des Moines all had a system development fee of about$400, so that was used as a basis for a reasonable fee. The growth rate factor to be incorporated was figured at 1%per year which produced a fluctuating rate. The system development charge in the year 2000 would be $4.64 per month, in 2001 it would go to $6.82, and then would decline over time to $6.34 in the year 2004. Rather than have a continually fluctuating rate the average of the four years was taken and a 2-step rate increase proposed. In the year 2000 the rate would be $4.64 and in the years 2001-2004 it would be averaged at $6.58. Tom Brotherton moved that the Public Works/Planning Committee recommend to the Council authorization to direct the City Attorney to prepare the necessary Ordinance adopting the Meridian Stormwater Capital Improvement Program. The motion was seconded by Rico Yingling and carried 3-0. Metro Sewer Interceptor Easement Don Wickstrom told the Committee that Metro has requested that the City grant them an easement along 80`" Place South which would allow them to continue with their South Sewer Interceptor Phase III project. The purpose of Metro's project is to relieve the overflow problem in the valley from heavy rainfall. Tom Brotherton moved that the Public Works/Planning Committee recommend to the Council authorization for the City to grant Metro an easement along 80 Place South (Tax Lot#103) for the purpose of metro continuing with the South Sewer Interceptor Project. The motion was seconded by Rico Yingling and carried 3-0. Surplus Property—SE 274`h Street Don Wickstrom said that as part of the 2 7 7`h Corridor project, two separate parcels were purchased by the Public Works Department in the corner of 1 1.4`h and 274`h streets. The Public Works Public Works/Planning Committee,4/5/99 Page 2 Department has worked a deal with the Parks & Recreation Department for them to buy the property parcels over a three year period of time in $100,000 payments per year,plus some road improvements, to develop a park at the location. '' Rico Yingling moved that the Public Works/Planning Committee recommend to the Council authorization to declare the property along 270 Street as surplus,per the property sale agreement between the Public Works and Parks Departments. The motion was seconded by Tom Brotherton and carried 3-0. South 188th Street—Street Vacation Don Wickstrom told the Committee that staff had received a formal petition from the Pacific Northwest Group to vacate a portion of South 188`h Street. A Public Hearing must be held according to State law. Rico Yingling moved that the Public Works/Planning Committee recommend to the Council adoption of a Resolution setting a hearing date for the South 188`h St. Street Vacation. The motion was seconded by Tom Brotherton and carried 3-0. TO Grant Agreement—1%" Corridor Don Wickstrom said a grant in the amount of$7,784,740 was received from the Transportation Improvement Board for the construction phase of the 196`h Street Corridor project. Tom Brothertou moved that the Public Works/Planning Committee recommend authorizing the Mayor to sign the TO Grant Agreement, authorize staff to accept the grant and establish a budget for the funds to be spent within said corridor project The motion was seconded by Rico Yingling and carried 3-0. Condominium Zoning Planning Manager Fred Satterstrom said that at the March 15`h meeting of the Committee some questions came up concerning certain policies in the County's zoning versus the City's. Some issues arose regarding affordability incentives or density bonuses that the County and/or other cities give to encourage affordable housing. There were also questions regarding housing costs and housing in Kent and its affordability versus other jurisdictions. Mr. Satterstrom said the intrinsic difference between the County's zoning for single family as well as multiple family and that of the City of Kent, is that King County's residential zoning is basically density based. The County has a density figure for each zoning district and there are very few development standards that go along with that. There are several options given to developers to achieve density in a zoning district, and in some cases, there are ways for developers to achieve a density bonus. In the City of Kent, the zoning districts are somewhat density based,for instance there is a SR6 zone where 6 units per acre can be achieved,but the City continues to have minimum lot sizes under which the developer cannot plat anything smaller. One other intrinsic difference is that in the County's single family districts a developer may attach residential units in a townhouse configuration, side by side,with two-story maximum height and no stacked units. A"Housing Affordability in the Puget Sound Area" study done by the Washington Research Council _ v. published in 1998 showed the median price of a single family residence has risen 400% in 19 years from 1979 to 1998. Multiple Listing Service data suggests that Kent is more affordable than some of its neighbors. Housing statistics based on single family home sales in 1998 showed the median price Public Works/Planning Committee,4/5/99 Page 3 in Kent was $169,500. The average for Renton was $182,000, for Seattle, $210,000 and Bellevue almost$300,000. Based on 1998 sales of all homes in the area, the average cost in Bellevue was $381,000. The average in Kent was $181,000, $200,000 less than the average in Bellevue. In the condominium market for 1998, the Multiple Listing Service gave data for the median price in Kent at $105,500 while the median price of a condominium in Seattle was$148,000. In Bellevue it was $144,000. These figures show that Kent is more affordable than those other communities,but the median income is also lower in Kent than in Seattle and Bellevue. The median price home in 1997 in King County was $186,000 on average, and the median household income around$45,266. That shows an affordability gap as that income could not have afforded to buy the median cost housing in King County. Mr. Satterstrom said staff sees two recommendation alternatives for encouraging home ownership. One is to develop a townhouse zone modeled after that of the City of Des Moines, which would have a maximum density associated with it in the range of 10-14 units per acre and would require subdivision with no minimum lot size. A developer could plat the parcel just for the building itself and leave all the open space in common. There would be a two-story limitation with a side-by-side or townhouse configuration and no stacked units. The second option is to explore the Planned Unit Development(PUD) option. Any attachment of units in a single family zoning district would require City Council approval and there would be a minimum size or smaller acreage site figure. The site would need to be large enough so it doesn't occur on every single family vacant development,but large enough for proper buffering and blending in with the neighborhood. There would need to be review criteria for the City Council to approve. The site should be close to commercial services and in proximity to transit,with direct access to `- arterial streets. This plan does not give a density bonus. Tim Clark suggested giving staff clear direction as to minimum lot size. After discussion it was decided to have staff come back with.a recommendation and a mechanism to see and deal with the impact on a neighborhood. Rico Yingling suggested changing the PUD acreage number but not so much that it would require two types of PUD zoning work. Fred Satterstrom said he saw the townhouse zoning district as being used at the border of commercial districts and serving as a transition between single family areas and commercial areas. It would be multifamily condominiums. He felt the PUD option should be exercised mainly in single family sites that border an arterial street, and that a minimum lot size of 10 acres would eliminate a lot of logical sites that might be on an arterial street and also fairly close to commercial services. City Attorney Roger Lubovich clarified that the PUD process is more of a clustering tool; that the density is not changed, only the siting. In rezoning to a townhouse, a different density criteria is specified. Tim Clark asked staff to look closely at the two alternatives and explain what would actually be accomplished and what impact that would have in terms of the way the city is currently growing. He asked that the subject be brought back to the Public Works/Planning Committee before being sent to the Land Use and Planning Board. Street Use Permit—Ordinance City Attorney Roger Lubovich said there had been a lot of interest in the last couple of years for . street vendors and the proposed ordinance includes street vendors, sidewalk cafes, and sidewalk displays. Street vendors will be required to obtain a street use permit to locate on a public nght-o - way and the applicant will need the permission of the adjacent or abutting property owner to locate their cart. Insurance requirements will ensure that the City will be covered for any liability that might Public Works/Pl=ning Committee,4/5/99 Page 4 occur in the use of the cart on a public right-of-way . There will be a 200 foot restriction from other vendors selling the same product or of a store selling the same product. Also a 200 foot restriction from schools and parks unless the school or park director approves the use of that particular vendor. Carts would need Seattle/King County health approval certificates and Fire Department review. There is a height limitation of five feet excluding canopies, umbrellas, and transparent enclosures. Carts cannot operate between midnight and 6:OOAM and must be located in commercial or industrial zones. Rico Yingling asked if the ordinance required that the cart be mobile. Mr. Lubovich said it must be mobile and one person able to push it. Most carts are not left out on the street but are pushed into a facility at night. There are some criteria such as setbacks for sidewalks and locations from street intersections so as to not have a safety hazard. There must be a four foot wide sidewalk passage and carts must be situated 10 feet from intersections. The City has the right to deny and revoke the permit if the City's use becomes paramount over the vendor's such as for street improvements and sidewalk closures. Also there would be some discretion with the Public Works Director to make sure it's compatible with the uses in the area. A major concern is the safety issue of being in the way for pedestrians or blocking other types of traffic. Tom Brotherton was concerned about a single applicant receiving more than one permit and the possibility of collecting a monopoly. Mr. Lubovich said there would be a permit for each site with one cart per location,but there is no limit on the number of permits a person could get. A sidewalk -vending unit is limited to one assigned location, and the permits have a one year expiration period. Insurance must be purchased before a permit is received, and the adjoining property owner's permission would have to be received for each site. Rico Yingling asked if any consideration was given for allowing the store operator to have first rights to the permit. Mr.Lubovich said that if permission is not given to somebody else, store operators . could apply for permits for their own use. Mr. Yingling asked if there was any way to allow the operator, if different than the owner,to have first right of refusal. Mr. Lubovich said there was nothing in the ordinance for that but it could be added. Tim Clark suggested giving street vending carts the freedom to have streamers but restrict it to the adjacent property owner's permission. Mr. Lubovich said that streamers would come under banners and would require a permit. Mr. Clark asked Mr. Lubovich to work some language that would allow unobtrusive streamers or banners that would allow the cart site to stand apart from the structures around it without changing the visual makeup of the structures around it. Mr. Clark clarified there should be differentiation from signs and the banner should be attached to the unit itself and have a size limit. Mr. Clark took issue with political signs being posted in City parks and asked whether that could be restricted. Roger Lubovich said that a public right of way is a medium for free speech expression and that cannot be restricted,but a park might be different. Mr. Clark asked for that to be researched to see if there can be an interpretation that will restrict signs in parks or if the right of way for political signs could be defined as to be on undeveloped land as opposed to developed land. Tom Brotherton suggested an early limit of when people can put up political signs. Tim Clark agreed and said as a local entity the City should be able to set its own codes especially for City municipality races. Roger Lubovich said there could be an issue with that as there was a time limit in the past. Mr. Clark asked why 30 days was allowed following the election for sign removal and suggested changing it to a shorter period of time, as it would not have to be an enforcement issue but staff Public Works/Plannuig Committee,4/5/99 Page 5 would be authorized to pick up signs if the deadline was not met. Mr. Lubovich said he would do research to see what would be a reasonable time. Tim Clark suggested that if street cafes ask for authorization to serve alcohol, that view should be restricted for the length of the street. Roger Lubovich said that he had called the Liquor Control Board to find out what was permissible, and it's up to the City whether to prohibit alcoholic beverages on the sidewalk or not. All the Board requires is to border the cafe with a rope or something to contain it. The concern would be blocking a view for automobiles or pedestrians. It was decided the Street Use Permit issue would be brought back again to the Public Works/Planning Committee after further research. Billboard Moratorium Roger Lubovich said that in the Kent City Code billboards are known as off-premise signs. The City is going through its current inventory and regulations regarding billboards and a moratorium needs to be in place so there will be no permits issued . The basic concem is traffic and public safety issues. A hearing will need to be scheduled after the moratorium goes to the Council agenda on April 20, 1999. Tom Brotherton moved that the Public Works/Planning Committee recommend passage of the proposed Resolution imposing a moratorium on the acceptance of applications for and the issuance of any building,land use,or development permit for billboards. The motion was seconded by Rico Yingling and carried 3-0. Adult Retail Establishment Moratorium Renewal—Resolution Roger Lubovich reminded the Committee that the moratorium was put in place last fall on adult retail establishments and said it would expire on May 2, 1999. He said he is worldng with a number of other jurisdictions that are dealing with the same issue of defining adult retail uses. The City's definition would probably not withstand scrutiny and the moratorium was established to deal with that and to come up with regulations. Mr. Lubovich said staff needs more time and is asking for the moratorium to be renewed. Other jurisdictions have also had a problem getting their codes redefined. Rico Yingling moved that the Public Works/Planning Committee recommend to the Council passage of the proposed Resolution renewing the moratorium on the acceptance of applications for and the issuance of any business license, or any building, land use, or development permit for adult retail uses, and further setting April 20, 1999 as the hearing date. Y The meeting was adjourned at 6:09PM. 621de Bicknell, Council Secretary REPORTS FROM SPECIAL COMMITTEES CONTINUED COMMUNICATIONS . EXECUTIVE SESSION