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! Y?+ 1 xs ?[f r`s 1�• � r s f` ,+a+ '�—.
a. � _ _ 1u _ . •c�c�r ;�j �t, L �a�: �a, `: ,�I"ty�����, g`�� �.� yR• Q' �u
_ —14 E •�- tt�,{'Lst�— �{'� ;+_.� i•�IP�•,:L t •':'f,. ��'iF�;.su'� '� '`"1.�j C_ -e'!�
' _ r _ N ; .,p .�C 1 1. -M�1 r p+ l .g `r .y sct•?e �`.T'`4;.�.;, :� ul, 0
.J •��'! '1C'�� +aL• < Pf• n r ••T�l u 1Z+:flh�;,}, ~'Ls '/1
_ o'r 7_� 'ry '_7 V r-,+I�1r,—_:.A I + S' 1! �)liP(�. ,,.al �.•+�� '+ ;•��� i' .':c�, I �� — -
3S l _~ a = 1.) „ r i►T iA
_ N3 S—AFJ
VY
Ab Ohl
tu
Li
1 I l ! T- ••
3S Ad 8EI _ ;• « < , Yt 1 C _17f .. Miif41! -'i i, C3 ef,l
•N M1_ N0 •p• nyN , ' i; 11 I1'1 + )`S lit
_•7
qL
tt I I fA I :dr Atl NI"I (I l 1 hdiLEl l`', •, \A
Y, I l it f
�llt I 1 9GE.)fn'
� % 3S Au SEI y t = rI ^ Ila :1
m m �• J ,Lo
NI r •� .+ i-i,-k 3� AFC; hEt c
w u, C) _ Lm
An
,n N.,
)r ----ter----- _
F�--i
W
O ^ C' Z •�Q q F �
W Z75 F 4
r•H� irM/•'�1� 1 n � I
�- ,��--t o i � 'i- i r � I C 1.�i '/r � a� {J i j_� it ,\ i ' /./_ ,•\\
r�l•° 1',' -•• �. �\ �, fie' ' a,.��' •' �i,,:: L..l� �� ',, �� i lZ/� • .\. •1
e i i \j i. �\•\ a • ."J^..g �. y . .r` ,r y y .f:�•,`cc:. \ I i_�___-a_'�.�
�� ! 1 1 )) �� tT Y y O� ... oil•' i� i i i
'�.. ; E_- � •.,,,�� �, -- .. .�-. �-�'�-„ ,\ .ti.,..,� � (-lam_
oil
iop
O icr,.Q1
i ' C'o 0o G71 10 i o i� i _i o C31 �.
a
ds
o ' -ems. � "�a D '' � '`� i', -� .�' ��i c��' �J•
n I
Q ;, _f ,- o
QOO
(Q�0 000y1y7 1 �/.a�-+yam.., �/��,✓�
� 1 �•=i/,r Y'w iir��%/t��-':��'� '' �., -:!,.
_- -I-�=- -.:. f-ago•o°o A�`.�I , c-' I " !�� ��.:-�-:�i.'�ii/in I �r`.- . � �f�.
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. 'r r 'a�R'aLt
/ s har tA'' { 7 a,?R1► 14 22 S , 24
S T Of
STANCEy1
100.00' I; 1 _ t(OSS�ltTw.)1
TI i I of
` R� d
p'4539 W• N 66'4Y39 W
-I
..Aid't ''+a I ,: 6060 6aoo', 66.00'
>,J►=ti r� r. '+: r ',.sw?, .. $ ,r a",.•�P' `..-J'WAI'dR } W N 66'4339' W. .
s, EASEMONt
NM43 w. +r . , A �
• Pdt't rt ) �" 21 C S 20/ e a 19 W �i
?
' N T; 1!r rAT7LTIES n
hie s s i SE1R B.E. 239 H ST
I i i EA7E11LNT' 1TRACT'3�IWAlER 1111E
4.}. EASEMENT
I .0
N 664539 w'•• R ;I'll �., U��. -T T I O
1 •f 1000d .n. • :. . I .. I w
.77 C1 c r r. ,,,-r ..1•il4 13L00•. _N ,!13.. IN.,
W433r
TRACT 4P 54.07 I
• !'c '3 * Y,.. r� SANITARY 9CMER N 0246b0'E-A
ONO WATER ENE. 166.61'
'C19 -h '� _ Li y. �W EASEMENT W 13
-.TRACT '0' . s
\. ACCESS TRACT C1, ` 16 ^ - 17. •o 18 '
r♦ �.1 J EASEMENT I!1 46'R `I. .. O 8 ,C g W sl �y,,,,•<w
N 69C0'00 W 41.1T I= 0 e w I
i 112.W! 7j.�S3 y r lid: JqW AT o=I 4'ITo6E
N=9$b�0� t..w. �C11 .3LIV: "saw 66.00'' z (
-Saw-
-!; 60.110' -� -' -Saw-
� 64.s? - N 69'OD'00'w
AGE. 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