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City Council Meeting - Council - Agenda - 11/16/2004
1MEWAL 1 1 City of Kent CityCouncil Meeting Agenda i 1 November 16, 2004 1 Mayor Jim White Julie Peterson, Council President 1 Councilmembers 1 Tim Clark Debbie Raplee Ron Harmon Les Thomas Bruce White Deborah Ranniger O 1 KENT WASHINGTON 1 City Clerk's Office KENT CITY COUNCIL AGENDAS November 16, 2004 KENT Council Chambers WASHINGTON MAYOR: Jim White COUNCILMEMBERS: Julie Peterson, President Tim Clark Ron Harmon Deborah Ranniger Debbie Raplee Les Thomas Bruce White COUNCIL WORKSHOP AGENDA 5:30 p.m. Item Description Speaker Time 1 Annual Comprehensive Plan Amendments Planning Staff 30 min 2. Downtown Strategic Plan Planning Staff 30 min COUNCIL MEETING AGENDA 7:00 p.m. 1. CALL TO ORDER/FLAG SALUTE Z 2. ROLL CALL �,0�3. CHANGES TO AGENDA gym IP' A. FROM COUNCIL, ADMINISTRATION, OR STAFF moves^ lip a C;H B. FROM THE PUBLIC p F'Pj�..w^- �hL" 15 fa�wo t P" 4. PUBLIC COMMUNICATIONS 14 A. Economic Development Update a B. Introduction of Appointee 5. PUBLIC HEARINGS A. 2005 Annual Budget B. 2005-2010 Capital Improvement Plan/Comprehensive Plan C. 2004 Tax Levy for 2005 Budget I D. Comprehensive Plan/Capital Facilities Element and Kent City Code Chapter 12.13 Amendments 6. CONSENT CALENDAR A. Minutes of Previous Meeting —Approve B. Payment of Bills—Approve (Continued next page) COUNCIL MEETING AGENDA CONTINUED C. 2005 Legislative Agenda—Adopt D. Village Creek Estates Infrastructure Improvements Bill of Sale—Accept E. Pioneer Street King County Agreement—Authorize I F. Local Improvement District No. 336 Assessment Segregation Resolution—Adopt G. Local Improvement District No. 340 Assessment Segregation Resolution —Adopt H. Sewer Rate Adjustment Ordinance—Adopt I. Human Services Commission Appointment—Confirm J. 2004 Asphalt Overlays—Accept as Complete K. Af� 4V DbT 7 OTHER BUSINESS d A. Cooperative Parking Agreement with King County Journal B. Critical Areas Ordinance 1 C. Streamlined Sales Tax Resolution 8. BIDS None 9. REPORTS FROM STANDING COMMITTEES, STAFF AND SPECIAL COMMITTEES 10. CONTINUED COMMUNICATIONS 11. EXECUTIVE SESSION AND AFTER EXECUTIVE SESSION A. Pending Litigation 12. ADJOURNMENT NOTE: A copy of the full agenda packet is available for perusal in the City Clerk's Office and the Kent Library. The Agenda Summary page is on the City of Kent web site at www.ci.kent.wa.us. An explanation of the agenda format is given on the back of this page. Any person requiring a disability accommodation should contact the City Clerk's Office in advance at (253) 856-5725. For TDD relay service call the Washington Telecommunications Relay Service at 1-800-833-6388. t tCHANGES TO THE AGENDA Citizens wishing to address the Council will, at this time, make known the subject of interest, so all may be properly heard. A) FROM COUNCIL, ADMINISTRATION, OR STAFF t t B) FROM THE PUBLIC t t t t t t t t � t 1 PUBLIC COMMUNICATIONS A) ECONOMIC DEVELOPMENT UPDATE B) INTRODUCTION OF APPOINTEE I i i t i I I Kent City Council Meeting Date November 16, 2004 Category Public Hearings 1. SUBJECT: 2005 ANNUAL BUDGET i2. SUMMARY ATEMENT: This date has been set for the second public hearing on the 2005 Staff will make a brief presentation and be available for questions. Afterwards, we will open the Public Hearing and public input is welcome. 3. EXHIBITS: Draft ordinance 4. RECOMMENDED BY: Finance Director (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? N/A Revenue? N/A Currently in the Budget? Yes No If no: Unbudgeted Expense: Fund Amount $ Unbudgeted Revenue: Fund Amount $ 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds to close the public hearing. DISCUSSION: ACTION: Council Agenda 1 Item No. 5A i or ORDINANCE NO. AN ORDINANCE of the City Council of the City of Kent, Washington, relating to budgets and finance and adopting the final 2005 fiscal year budget. RECITALS A. The tax estimates and budget for the City of Kent, Washington, for the 2005 fiscal year have been prepared and filed as provided by law, and the budget has been printed and distributed. B. Notice has been published in the official paper of the City of Kent setting the time and place for hearing and that notice stated that all taxpayers calling at the office of the City Clerk would be furnished a copy of the 2005 budget. I NOW THEREFORE,THE CITY COUNCIL OF THE CITY OF KENT,WASHINGTON, iDOES HEREBY ORDAIN AS FOLLOWS: ' ORDINANCE tSECTION]. -Budget Adoption. Pursuant to RC W 35A.33.075,the budget for the 2005 fiscal year, as summarized in Exhibit "A" and as set forth in the 2005 Preliminary Comprehensive Budget, which is amended by Exhibit"B," all of which are incorporated i into this ordinance by this reference,is hereby adopted in the amounts and for the purposes established in that budget as the final budget for the City's 2005 fiscal year. 1 2005 Budget Adoption or W1 SECTION - Transmittal. The Finance Director shall transmit a complete copy of , the final adopted budget to the Division of Municipal Corporations in the Office of the State Auditor and to the Association of Washington Cities. SECTIONS. -Adiustments. City administration shall administer the Annual Budget and in doing so may authorize adjustments pursuant to RCW 35A.33.120. 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. SECTIONS. - Effective Date This ordinance shall take effect and be in force five (5) days from and after the date of passage and publication as provided by law JIM WHITE, MAYOR ATTEST: BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM: 1 TOM BRUBAKER, CITY ATTORNEY ' 2 2005 Budget Adoption Or 11 1 PASSED: day of December, 2004. APPROVED: day of December, 2004. PUBLISHED: day of December, 2004. 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 3 2005 Budget Adoption 2005 Budget Ordinance Exhibit A Inc(Dec) Beginning Ending , in Fund Fund Fund Revenues Expenditures Balance Balance Balance GOVERNMENTALFUNDS GENERAL FUND 66,114,301 67,515,632 (1,401,331) 5,843,309 4,441,978 SPECIAL REVENUE FUNDS Street 3,944,287 4,203,436 (259,149) 944,382 685,233 Lodging Tax Fund 121,658 166,533 (44,875) 120,074 75,199 Youth/Teen Programs 685,481 739,595 (54,114) 92,937 38,823 Capital Improvement 8,887,529 9,418,185 (530,656) 1,248,098 717,442 Criminal Justice 2,318,359 2,540,214 (221,855) 643,236 421,381 Environmental Mitigation 244,538 272,809 (28,271) 203,401 175,130 Community Block Grant 957,366 957,366 Other Operating Projects 86,480 86,480 88,062 88,062 DEBT SERVICE FUNDS Voted 1,789,000 1,780,515 8,485 1,179 9,664 Councilmarnc 6,920,227 6,920,227 Special Assessment 2,674,294 3,665,803 (991,509) 2,018,914 1,027,405 CAPITAL PROJECTS FUNDS Street Projects 1,635,000 1,635,000 Parks Projects 2,111,000 2,111,000 Other Capital Projects 262,000 262,000 Technology Projects 450,000 450,000 Facilities Projects 1,178,000 1,178,000 PROPRIETARY FUNDS ENTERPRISE FUNDS Water 18,886,071 10,324,068 8,562,003 3,068,753 11,630,756 Sewerage 23,887,936 25,339,574 (1,451,638) 5,885,589 4,433,951 Golf Complex 3,300,483 3,093,540 206,943 (1,047,873) (840,930) INTERNAL SERVICE FUNDS Equipment Rental&Fire Equipment 3,446,980 3,425,637 21,343 3,012,479 3,033,822 Central Services 4,731,356 4,725,092 6,264 47,046 53,310 Facilities Fund 4.410,269 4,430,383 (20,114) 62,752 42,638 Insurance 13,153,798 12,821,347 332,451 3,070,455 3,402,906 FIDUCIARY FUNDS TRUST AND AGENCY FUNDS Firemen's Pension 189,018 305,000 (115,982) 3,671,905 3,555,923 , Economic Development Corp 3,790 7,491 (3,701) 22,944 19,243 TOTAL GROSS BUDGET 172,389,221 168,374,927 4,014,294 28,997,642 33,011,936 LESS Internal Service Funds 24,594,606 24,594,606 Other Transfers 14,324,802 14,324,802 TOTAL BUDGET 133,469,813 129,455,519 4,014,294 28,997,642 33,011,936 S CITY OF KENT,WASHINGTON 2005 Budget Ordinance Exhibit B Inc(Dec) Beginning Ending in Fund Fund Fund Revenues Expenditures Balance Balance Balance GOVERNMENTAL FUNDS 1 GENERALFUND 66,508,451 67,590,132 (1,081,681) 5,493,309 4,411,628 Correction for vehicle replacements 17,500 (17,500) (17,500) Less consultant fees for Critical Areas (40,000) 40,000 40,000 Estimate adjustments/corrections (394,150) (52,000) (342,150) 350,000 7,850 Total General Fund 66,114,301 67,515,632 (1,401,331) 5,843,309 4,441,978 1 SPECIAL REVENUE FUNDS Street 3,944,287 4,203,436 (259,149) 944,382 685,233 Lodging Tax Fund 121,658 166,533 (44,875) 120,074 75,199 Youth/Teen Programs 685,481 739,595 (54,114) 92,937 38,823 ` Capital Improvement Fund 8,887,529 9,278,185 (390,656) 1,248,098 857,442 Continue contribution to Golf Course debt service 140,000 (140,000) (140,000) Total Capital Improvement Fund 8,887,529 9,418,185 (530,656) 1,248,098 717,442 Criminal Justice 2,318,359 2,540,214 (221,855) 643,236 421,381 Environmental Mitigation 244,538 272,809 (28,271) 203,401 175,130 Community Block Grant 957,366 957,366 Other Operating Projects 86,480 86,480 88,062 88,062 DEBT SERVICE FUNDS Voted 1,789,000 1.780,515 8,485 1,179 9,664 Counalmanic 6,920,227 6,920,227 1 Special Assessment 2,674,294 3,665,803 (991.509) 2,018,914 1,027,405 CAPITAL PROJECTS FUNDS Street Projects 1,635,000 1,635,000 Parks Projects 2,111,000 2,111,000 Other Capital Projects 262,000 262,000 Technology Projects 450,000 450,000 ' Facilities Projects 1,178,000 1,178,000 PROPRIETARY FUNDS ENTERPRISE FUNDS Water 18,886,071 10,324,068 8,562,003 3,068,753 11,630,756 Sewerage 23,887,936 25,251,215 (1,363,279) 5,885,589 4,522,310 ' Add Critical Areas Engineer 88,359 (88,359) (88,359) Total Sewerage Fund 23,887,936 25,339,574 (1,451,638) 5,885,589 4,433,951 Golf Complex 3,160,483 3,065,273 95,210 (1,047,873) (952,663) Technical correction-financial charges 28,267 (28,267) (28,267) Transfer from CIP for debt service 140,000 140,000 140,000 Total Golf Complex Fund 3,300,483 3,093,540 206,943 (1,047,873) (840,930) i 2005 Budget Ordinance Exhibit A ' Inc(Dec) Beginning Ending , in Fund Fund Fund Revenues Expenditures Balance Balance Balance GOVERNMENTALFUNDS GENERAL FUND 67,084,301 68,485,632 (1,401,331) 5,843,309 4,441,978 i SPECIAL REVENUE FUNDS Street 3,944,287 4,203,436 (259,149) 944,382 685,233 , Lodging Tax Fund 121,658 166,533 (44,875) 120,074 75,199 Youthlreen Programs 685,481 739,595 (54,114) 92,937 38,823 Capital Improvement 8,887,529 9,418,185 (530,656) 1,248,098 717,442 Criminal Justice 2,318,359 2,540,214 (221,855) 643,236 421,381 Environmental Mitigation 244,538 272,809 (28,271) 203,401 175,130 Community Block Grant 957,366 957,366 Other Operating Projects 86,480 86,480 88,062 88,062 DEBT SERVICE FUNDS Voted 1,789,000 1,780,515 8,485 1,179 91664 Councilmanic 6,920,227 6,920,227 Special Assessment 2,674,294 3,665,803 (991,509) 2,018,914 1,027,405 CAPITAL PROJECTS FUNDS Street Projects 1,635,000 1,635,000 Parks Projects 2,111,000 2,111,000 Other Capital Projects 262,000 262,000 , Technology Projects 450,000 450,000 Facilities Projects 1,178,000 1,178,000 PROPRIETARY FUNDS ENTERPRISE FUNDS i Water 18,886,071 10,324,068 8,562,003 3,068,753 11,630,756 Sewerage 23,887,936 25,339,574 (1,451,638) 5,885,589 4,433,951 Golf Complex 3,300,483 3,093,540 206,943 (1,047,873) (840,930) INTERNAL SERVICE FUNDS Equipment Rental& Fire Equipment 3,446,980 3,425,637 21,343 3,012,479 3,033,822 Central Services 4,731,356 4,725,092 6,264 47,046 53,310 Facilities Fund 4,410,269 4,430,383 (20,114) 62,752 42,638 Insurance 13,153,798 12,821,347 332,451 3,070,455 3,402,906 FIDUCIARY FUNDS TRUST AND AGENCY FUNDS Firemen's Pension 189,018 305,000 (115,982) 3,671,905 3,555,923 Economic Development Corp 3,790 7,491 (3,701) 22,944 19,243 TOTAL GROSS BUDGET 173,359,221 169,344,927 4,014,294 28,997,642 33,011,936 LESS ' Internal Service Funds 24,594,606 24,594,606 Other Transfers 14,324,802 14,324,802 TOTAL BUDGET 134,439,813 130,425,519 4,014,294 28,997,642 33,011,936 ' CITY OF KENT,WASHINGTON 2005 Budget Ordinance Exhibit B ' Inc(Dec) Beginning Ending in Fund Fund Fund Revenues Expenditures Balance Balance Balance GOVERNMENTAL FUNDS GENERAL FUND 66,508,451 67,590,132 (1,081,681) 5,493,309 4,411,628 Banked Capacity tax used for Public Safety positions 970,000 970,000 Correction for vehicle replacements 17,500 (17,500) (17,500) Less consultant fees for Critical Areas (40,000) 40,000 40,000 Estimate adjustments/corrections (394,150) (52,000) (342,150) 350,000 7,850 ' Total General Fund 67,084,301 68,485,632 (1,401,331) 5,843,309 4,441,978 SPECIAL REVENUE FUNDS Street 3,944,287 4,203,436 (259,149) 944,382 685,233 Lodging Tax Fund 121,658 166,533 (44,875) 120,074 75,199 Youth/Teen Programs 685,481 739,595 (54,114) 92,937 38,823 Capital Improvement Fund 8,887,529 9,278,185 (390,656) 1,248,098 857,442 Continue contribution to Golf Course debt service 140,000 (140,000) (140,000) Total Capital Improvement Fund 8,887,529 9,418,185 (530,656) 1,248,098 717,442 ' Criminal Justice 2,318,359 2,540,214 (221,855) 643,236 421,381 Environmental Mitigation 244,538 272,809 (28,271) 203,401 175,130 Community Block Grant 957,366 957,366 ' Other Operating Projects 86,480 86,480 88,062 88,062 DEBT SERVICE FUNDS ' Voted 1,789,000 1,780,515 8,485 1,179 9,664 Councilmanic 6,920,227 6,920,227 Special Assessment 2,674,294 3,665,803 (991,509) 2,018,914 1,027,405 1 CAPITAL PROJECTS FUNDS Street Projects 1,635,000 1,635,000 Parks Projects 2,111,000 2,111,000 i Other Capital Projects 262,000 262,000 Technology Projects 450,000 450,000 Facilities Projects 1,178,000 1,178,000 ' PROPRIETARY FUNDS ENTERPRISE FUNDS Water 18,886,071 10,324,068 8,562,003 3,068,753 11,630,756 Sewerage 23,887,936 25,251,215 (1,363,279) 5,885,589 4,522,310 Add Critical Areas Engineer 88,359 (88,359) (88,359) Total Sewerage Fund 23,887,936 25,339,574 (1,451,638) 5,885,589 4,433,951 Golf Complex 3,160,483 3,065,273 95,210 (1,047,873) (952,663) Technical correction-financial charges 28,267 (28,267) (28,267) Transfer from CIP for debt service 140,000 140,000 140,000 Total Golf Complex Fund 3,300,483 3,093,540 206,943 (1,047,873) (840,930) CITY OF KENT,WASHINGTON 2005 Budget Ordinance Exhibit B Inc(Dec) Beginning Ending in Fund Fund Fund Revenues Expenditures Balance Balance Balance INTERNAL SERVICE FUNDS Equipment Rental 3,446,980 3,425,637 21,343 3,012,479 3,033,822 Central Services 4,731,356 4,703,994 27,362 47,046 74,408 Technical corrections 21,098 (21,098) (21,098) Total Central Services Fund 4,731,356 4,725,092 6,264 47,046 53,310 Facilities Fund 4,410,269 4,430,383 (20,114) 62,752 42,638 Insurance 13,153,798 12,821,347 332,451 3,070,455 3,402,906 FIDUCIARY FUNDS TRUST AND AGENCY FUNDS Firemen's Pension 189,018 305,000 (115,982) 3,671,905 3,555,923 Economic Development Corp 3,790 7,491 (3,701) 22,944 19,243 TOTAL GROSS BUDGET 173,359,221 169,344,927 4,014,294 28,997,642 33,011,936 , LESS Internal Service Funds 24,594,606 24,594,606 Other Transfers 14,324,802 14,324,802 TOTAL BUDGET 134,439,813 130,425,519 4,014,294 28,997,642 33,011,936 ' tKent City Council Meeting Date November 16, 2004 Category Public Hearings 1. SUBJECT: 2005-2010 CAPITAL IMPROVEMENT PLAN/COMPREHENSIVE PLAN 2. SUMMARY STATEMENT: This date has been set for the second public hearing on the 2000kTAwaW3edget� Staff will make a brief presentation and be available for questions. Afterwards, we will open the Public Hearing and public input is welcome. 1 I3. EXHIBITS: 2005-2010 Capital Improvement Plan 4. RECOMMENDED BY: Finance Director (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? N/A Revenue? N/A Currently in the Budget? Yes No If no: I Unbudgeted Expense: Fund Amount $ Unbudgeted Revenue: Fund Amount $ 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds 1 to close the public hearing. DISCUSSION: ACTION: Council Agenda Item No. 5B ' 2005 - 2010 Capital Improvement Program ' Sources of Funds Amounts in 000's ' PW Trust Fund Loan Other Sources2 8% % Bond Proceeds Capital 11% Improvement Fund 21% Street Fund 7% Grants 8% City Operating Budget Utility Funds 42% Sources of Funds 2005 2006 2007 2008 2009 2010 Total Capital Improvement Fund 3,767 4,524 7,405 3,243 3,111 3,580 25,630 Street Fund 1,774 1,521 1,074 1,268 1,203 1,304 8,144 Utility Funds 4,638 6,185 13,522 14,666 3,605 7,444 50,061 ' City Operating Budget 145 120 120 120 120 120 745 Grants 2,442 2,090 2,250 1,350 1,200 300 9,632 Bond Proceeds 3,878 5,753 3,750 13,381 PIN Trust Fund Loan 9,260 9,260 Other Funding Sources 494 436 250 181 1,010 109 2,480 ' Total Sources of Funds 22,520 18,754 30,374 24,578 10,249 12,857 119,333 1 42 i 2005 - 2010 Capital Improvement Program i Projects Forecast i Amounts in 000's Transportation , 15% ,Utility Fund Projects Public Safety7% 46% i Parks, Recreation& Community Services General Government 20% 12% i i Projects 2005 2006 2007 2008 2009 2010 Total Transportation 11,034 1,521 1,074 1,268 1,203 1,304 17,404 , Public Safety 740 2,100 4,388 482 397 120 8,227 Parks, Recreation 4,821 4,170 4,297 3,563 4,216 2,294 23,361 & Community Services General Government 1,287 1,525 3,840 4,599 828 1,695 13,774 Utility Fund Projects 4,638 9,438 16,775 14,666 3,605 7,444 56,567 Total Projects 22,520 18,754 30,374 24,578 10,249 12,857 119,333 i i 1 1 i 43 ' TRANSPORTATION 2005-2010 CAPITAL IMPROVEMENT PROGRAM ' AMOUNTS IN 000's ' Total 2005 2006 2007 2008 2009 2010 Sources of Funds Street Fund 8,144 1,774 1,521 1,074 1,268 1,203 1,304 ' i PW Trust Fund Loan 9,260 91260 - - - - - Total Sources of Funds 17,404 11,034 1,521 1,074 1,268 1,203 1,304 Projects Funded Corridors 1 228th Street Corridor 6,890 6,890 i 228th BNSF Grade Separation 2,370 2,370 ' Arterials Central Avenue Pavement Rehabilitation 500 500 Intersection&Road Improvements 124th&248th Street Improvement 250 250 116th &248th Signal 250 250 Other Improvements Asphalt Overlays 3,710 560 582 605 629 654 680 Slurry Seal Program 425 75 75 50 75 75 75 Sidewalk Rehabilitation and Installation 1,250 200 200 200 150 250 250 Neighborhood Traffic Control 225 75 75 75 ' City Wide Guardrail&Safety Improvement 150 30 30 30 30 30 Bike Paths 300 50 50 50 50 50 50 Kent Shuttle Service 220 35 35 35 35 40 40 Street Striping Program 534 89 89 89 89 89 89 ' Pavement Rating Survey 90 15 15 15 15 15 15 Signal Battery Backup 240 120 120 Total Projects Funded 17,404 11,034 1,521 1,074 1,268 1,203 1,304 44 OTHER GOVERNMENT PROJECTS 2005-2010 CAPITAL IMPROVEMENT PROGRAM , AMOUNTS IN 000's Total 2005 2006 2007 2008 2009 2010 Sources of Funds Capital Improvement Fund 14,344 1,845 2,880 5,608 1,211 1,105 1,695 ' From City Operating Budget 745 145 120 120 120 120 120 i Sales Revenue 37 37 2 LTGO Bonds 6,875 - 625 2,500 3,750 - - Total Sources of Funds 22,001 2,027 3,625 8,228 5,081 1,225 1,815 ' Projects Funded Public Safety , Fire-Exhaust Extraction Systems 95 50 45 1 Fire-Pump Test Pit 107 107 Fire-Security Fences 112 21 35 21 35 Fire-Breathing Apparatus Replacement 1,680 1,200 120 120 120 120 Fire-Replacement Radio Fund 683 262 220 67 67 67 Police-Records Renovation/Remodel 50 25 25 , Police-CKCF Improvements 640 90 75 75 200 200 Police-Firing Range Upgrades 245 125 75 45 Police- Furn/Equip Upgrade/Replacemt 125 60 10 35 10 10 Police-Specialty Police Vehicle Storage 50 50 , Police-Training Range-Maint 40 40 Police/Fire Training Expansion 400 400 Municipal Court 4,000 4,000 , Subtotal Public Safety 8,227 740 2,100 4,388 482 397 120 General Government Facilities Lifecycle Repairs 600 100 100 100 100 100 100 ' Roof Repairs 1,200 75 300 390 185 150 100 Floor Covering Replacements 425 75 75 60 65 75 75 Facility Painting 150 25 25 25 25 25 25 Sealcoat Parking Lots 385 85 60 60 60 60 60 HVAC Lifecycle Replacements 360 60 60 60 60 60 60 Miscellaneous Furniture 150 25 25 25 25 25 25 Senior Ctr Greenhouse Upgrades&Expan. 262 262 , Finance Tenant Improvement 200 200 Centennial Center Upgrades 311 45 65 65 68 68 Facilities Card Access 556 100 125 105 111 115 Resource Center Upgrades 35 35 , Kent Commons Misc Modifications&Equip 615 100 65 450 2 East Hill Maintenance Facility(25%) 6,875 625 2,500 3,750 Russell Road Maintenance Facility(25%) 1,550 150 150 1,250 ' Municipal Lot 100 100 Subtotal General Government 13,774 1,287 1,525 3,840 4,599 828 1,695 Total Projects Funded 22,001 2,027 3,625 8,228 5,081 1,225 1,815 45 , ' PARKS,RECREATION AND COMMUNITY SERVICES 2005-2010 CAPITAL IMPROVEMENT PROGRAM ' AMOUNTS IN 0004s Total 2005 2006 2007 2008 2009 2010 ' Sources of Funds REET 2nd QU 10,161 1,647 1,569 1,647 1,707 1,781 1,810 CIP Revenues Required 675 200 75 250 150 CIP Grant Matching/Land Acquisition 450 75 75 75 75 75 75 Fee-m-lieu 102 32 10 60 Youth/Teen 180 180 Donabons/Contnbutons 724 236 82 145 6 255 State Grant 450 450 IAC Grants 5,530 1,225 800 1,555 1,350 300 300 Block Grant 290 120 65 105 1 Conservation Futures Grant 2,140 250 500 540 850 Youth Sports King County Grant 172 72 50 50 Other Grants 1,050 325 725 Alternative Funding 850 200 650 Other Funding Sources 587 9 144 105 115 105 109 23,361 4,821 4,170 4,297 3,563 4,216 2,294 Proiects Funded ' Sports Fields Service Club Ballfields 1,410 1,410 Service Club Park Acquisition 1,000 1,000 Commons Playfield Renovations 1,107 57 1,050 ' Soccer Field Development 1,008 8 1,000 Wilson Playfields Acquisition 400 400 Park Development Clark Lake Land Acquisition 900 900 ' West Hill Park Development(Seattle Water) 709 9 700 Town Square Park 1,025 25 1,000 Clark Lake Development 1,920 300 400 1,220 Clark Lake Restoration 75 75 228th Corridor Parkrrrailhead(Russell Woods) 50 50 West Hill Amphitheater 80 10 70 Green River Comdor Acquisition 1,000 1,000 East Hill Park Land Acquisition 500 500 Kent Memorial Park Acquisition 1,000 1,000 Neighborhood Parks Development East Hill Skate Park Development 294 294 ' Eagle Creek Park Development 235 235 Lake Meridian Boat Ramp Renovation 271 271 Panther Lake Neighborhood Park Acquisition 310 310 132nd Street Park Development 775 25 750 ' Rrverwalk/Rwerwew Park Development 1,108 573 535 S 272nd St Neighborhood Park Development 691 15 90 586 International Parks Acquisition/Development 40 40 Kromsch Park Development 61 61 46 PARKS,RECREATION AND COMMUNITY SERVICES ' 2005.2010 CAPITAL IMPROVEMENT PROGRAM AMOUNTS IN 000's ' Total 2005 2006 2007 2008 2009 2010 ' Major Capital&Lifecycle Renovations Ufe Cycle 1,603 250 315 346 346 346 - Demolition of Rental Houses 50 50 - - - - Trails 54 9 9 9 9 9 9 ' Big Blue Mobile Computer Lab 85 85 Tudor Square Renovations 55 55 - - - - Pme Tree Park Improvements 609 9 - - 600 Spnngwood Park Improvements 65 - 65 - - - - , West Fenwick Renovations 429 109 320 - - - - Kiwanis Tot Lot#1 Improvements 65 - - 65 - - - Van Doren's Park Improvements 51 - - - 51 - - Kent Memorial Park Renovations 2,151 - 100 - 1 150 1,900 , Soccer Field Renovation 900 - - - - 900 - Mill Creek/Earthworks Renovations 300 - - - - - 300 Planning-Architecture&Engineering ' Grant Matching Funds/Land Acquisition 450 75 75 75 75 75 75 Adopt-A-Park 200 40 40 40 40 40 - Architect/Engineenng 140 40 25 25 25 25 Master Plans 60 10 10 10 10 10 10 ' Commons Playfield Equipment Replacement 125 125 - - - - - Total Projects 23,361 4,821 4,170 4,297 3,563 4,216 2,294 1 47 ' WATER,SEWER AND STORMWATER DRAINAGE 2005-2010 CAPITAL IMPROVEMENT PROGRAM AMOUNTS IN 000's Total 2005 2006 2007 2008 2009 2010 Sources of Funds Water Fund 12,950 1,455 1,219 3,063 4,522 787 1,903 Water Fund-Tacoma Intertie Funds 2,500 2,500 ' Water Fund-Impoundment Res Funds 1,500 1,500 Drainage Utility Fund 21,898 2,621 3,941 3,959 5,659 2,060 3,658 Sewer Utility Fund 11,213 562 1,025 2,500 4,485 758 1,883 ' 1 Utility Revenue Bonds 6,506 3,253 3,253 Total Sources of Funds 56,567 4,638 9,438 16,775 14,666 3,605 7,444 Prorects Funded ' General Projects East Hill Maintenance Facility (75%) 20,625 1,875 7,500 11,250 Russell Road Maintenance Facility(75%) 4,650 450 450 3,750 ' Total General Projects 25,275 1,875 7,500 11,700 450 3,750 Sanitary Sewer Miscellaneous Sewer Replacements 2,388 562 - - 585 608 633 1 Sewer Replacements 6,506 3,253 3,253 Sewer Extension for Easthill Shop 400 400 Total Sanitary Sewer 9,294 562 3,653 3,253 585 608 633 ' Stormwater Drainage Management Horseshoe Acres Pump Station 10 10 Soos Creek Basin Improvements 5,519 982 834 786 478 523 1,916 ' Mill Creek 1,600 200 500 900 Miscellaneous Environmental Projects 394 129 265 NPDES 1,075 202 208 216 222 227 Miscellaneous Drainage 1,825 500 265 265 265 265 265 Drainage Portion of Street Improvements 1-5&272nd Intersection Improvement 300 300 124th Ave&248th Street Improvement 250 250 BNSF Grade Separation 1,500 500 1,000 ' 116th Ave Impr(256th to Kent Kangley) 1,000 500 500 Total Stormwater Drainage 13,473 2,621 3,316 1,459 1,759 1,910 2,408 Water Projects ' East Hill Well Source Improvements 114 114 Kent Springs Recoat 50 50 Interrte Connection 650 650 Clark Springs HCP 300 300 ' East Hill Well Reservoir 2,350 2,350 Miscellaneous Water improvements 2,858 250 500 515 520 531 542 3-Year Lrg Mtr&Vault Replacement Prog 244 37 38 40 41 43 45 Update Karla Water Comprehensive Plan 150 150 Hydrant Replacement Program 358 54 56 59 61 63 66 East Hill Shops 1,450 1,450 Total Water 8,525 1,455 594 4,563 622 637 653 ' Total Projects Funded 56,567 4,638 9,438 16,775 14,666 3,605 7,444 48 • KENT , WASNINOTOM ADOPTION OF EXISTING ENVIRONMENTAL DOCUMENTS ' Adoption Document(s): EIS Description of current proposal: The action proposed by the City consists of the adoption of an updated ' Capital Improvement Program concurrent with the 2005 city operating budget. The Capital Improvement Plan is an element of the City's Comprehensive Plan. , Proponent: City of Kent Location of proposal: The proposal is a city-wide action. ' Title of document(s)being adopted: City of Kent Comprehensive Plan Environmental Impact Statement Draft(July 1994) and Final (January 1995)—Prepared by the City of Kent. , Description of document(or portion)being adopted: The City of Kent Comprehensive Plan EIS is being adopted in total. This document evaluated three different land use alternatives for the city. The , analysis evaluated the type and range of impacts to the environment associated with each land use alternative and associated development regulations. If the document has been challenged (WAC 197-11-630),please describe: The document was not ' challenged. Document availability: This document is available for review at the City of Kent Planning Services office, 220 Fourth Ave S, Kent, WA 98032 from 8:00 am to 5:00 pm. We have identified and adopted this document as being appropnate for this proposal after independent ' review. Along with the addendum, this document meets our environmental review needs for the current proposal and will accompany the proposal to the decisionmaker(s). ' Name of agency adopting the document:City of Kent Contact person/Responsible Official: Kim Marousek,AICP (253) 956-5436 ' Principal Planner City of Kent Community Development Dept. 220 Fourth Ave South ' ,Q Kent,WA 98032 Date: �D Signature• G���?Z � S\Permrt\Plan\Env\2004\ClPadoptdoc ' i ' COMMUNITY DEVELOPMENT Fred N. Satterstrom, A1CP, Director PLANNING SERVICES Charlene Anderson,AICP, Manager Phone 253-856-5454 KEN T Fax 253-856-6454 WI,SMINGTON Address 220 Fourth Avenue S Kent,WA 98032-5895 CITY OF KENT ADDENDUM TO THE KENT COMPREHENSIVE PLAN ENVIRONMENTAL IMPACT STATEMENT Responsible Official. Kim Marousek SCOPE The City of Kent has completed environmental analysis, pursuant to the State Environmental Policy Act (SEPA), for an update to the city's 2005-2010 Capital Improvement Plan (CIP) The ' update to the CIP was reviewed along with the city's 2005 operating budget as provided by RCW 36 70A.130. I The GMA requires cities and counties to approve and maintain a six (6)year capital facilities plan which includes requirements for specific types of capital facilities, measurable levels-of-service (LOS) standards, financial feasibility, and assurance that adequate facilities are provided as population and employment growth occurs. The annual budget document and six-year CIP fulfill the GMA requirement for facilities planning In addition, these documents serve as a foundation for the city fiscal management and eligibility for grants and loans. The CIP and annual budget, along with the Capital Facilities Element of the Comprehensive Plan provide coordination among I the city's many plans for capital improvernents. The annual budget and six-year TIP contain broad goals and specific financial policies that guide and implement the provisions for adequate public services and facilities. The six-year CIP is a funding mechanism to implement projects and programs identified in the City's Comprehensive Plan. Specifically, the Capital Facilities Element of the Comprehensive ' Plan contains goals and policies related to the provision and maintenance of public services and capital facilities which are necessary to support the projected growth over the next twenty (20) years. The goals and policies of the Capital Facilities Element are consistent with the Land Use, Transportation and Parks and Open Space Elements. The Comprehensive Plan EIS, draft and final, evaluated the growth potential as identified in the City's Comprehensive Plan. The adoption of the six-year CIP, concurrent with the city's annual budget, is consistent with the Comprehensive Plan EIS analysis as the types of projects and programs identified in the CIP are specifically related to the growth projections in the Comprehensive Plan and EIS. SEPA COMPLIANCE In October 1993, the City of Kent issued a Determination of Significance (DS) and Notice of Scoping for the Comprehensive Plan (ENV-93-51). After a series of public meetings, a Draft Environmental Impact Statement (DEIS) was issued on July 18, 1994 for the Draft Comprehensive Plan, issued on the same date. The DEIS was distributed to City Council and Planning Commission members, adjacent jurisdictions, affected agencies and other parties of interest. After comments on the DEIS were solicited and reviewed, a Final Environmental Impact Statement(FEIS)was issued and distributed on January 30, 1995. Comprehensive Plan EIS—Addendum Capital Improvement Program 2004-2010 This Addendum to the Kent Comprehensive Plan EIS evaluates the adoption of the six-year CIP. No additional impacts are identified since CIP implements projects and programs identified and evaluated in the City's Comprehensive Plan and Comprehensive Plan EIS. STATEMENT OF CONSISTENCY Future projects associated with the CIP will be subject to and shall be consistent with the following: City of Kent Comprehensive Plan, the Kent City Code, International Fire Code, International Building Code, Public Works Standards and all other applicable laws and ordinances in affect at the time a complete project permit application is filed ENVIRONMENTAL REVIEW—BACKGROUND The City of Kent has followed the process of phased environmental review as it undertakes actions to implement the Comprehensive Plan. The State Environmental Policy Act (SEPA) and rules established for the act, WAC 197-11, outline procedures for the use of existing environmental documents and preparing addenda to environmental decisions. Nonproject Documents — An EIS prepared for a comprehensive plan, development regulation, or other broad based policy documents are considered"non-project,"or programmatic in nature , (see WAC 197-11-704). These are distinguished from EISs or environmental documents prepared for specific project actions, such as a building permit or a road construction project. The purpose of a non-project EIS is to analyze proposed alternatives and to provide environmental consideration and mitigation prior to adoption of an alternative It is also a document that discloses the process used in evaluating alternatives to decision-makers and citizens. Phased Review— SEPA rules allow environmental review to be phased so that review coincides , with meaningful points in the planning and decision making process, (WAC 197-11-060(5)). Broader environmental documents may be followed by narrower documents that incorporate general discussion by reference and concentrate solely on issues specific to that proposal SEPA rules also clearly state that agencies shall use a variety of mechanisms, including addenda, adoption and incorporation by reference, to avoid duplication and excess paperwork Future projects identified and associated with the implementation of the Capital Improvement Program may require individual and separate environmental review, pursuant to SEPA. Such review will occur when a specific project is identified. Prior Environmental Documents — The City of Kent issued a Draft Environmental Impact Statement (DEIS) for the Comprehensive Plan on July 18, 1994 (##ENV-93-51). The DEIS analyzed three comprehensive plan land use alternatives, and recommended mitigation measures, which were used in preparing comprehensive plan policies. The preferred land use alternative which was incorporated into the Comprehensive Plan was most closely related to Alternative 2 of the DEIS, (the mixed-use alternative) A Final Environmental Impact Statement (FEIS) was issued on January 30, 1995, and the Comprehensive Plan was adopted by the City Council on April 18, 1995. Scope of Addendum—As outlined in the SEPA rules, the purpose of an addendum is to provide environmental analysis with respect to the described actions. This analysis builds upon the Comprehensive Plan EIS but does not substantially change the identified impacts and analysis; therefore it is prudent to utilize the addendum process as outlined in WAC-197-11-600(4)(c). ENVIRONMENTAL ELEMENTS All environmental elements were adequately addressed within the parameters of the City of Kent Comprehensive Plan EIS, draft and final. Further, subsequent "project" actions would require the submittal of separate environmental checklists, pursuant to SEPA, which will be Page 2 of 3 Comprehensive Plan EIS—Addendum Capital Improvement Program 2004-2010 analyzed for consistency with the original mitigating conditions and may require new mitigation based upon site-specific conditions. The adoption of the six-year CIP implements goals and policies identified in the City's Capital Facilities Element of the Comprehensive Plan. Specifically,the CIP implements the following: Goal CF-1—As the City of Kent continues to grow and develop, ensure that an adequate supply and range of public services and capital facilities are available to provide satisfactory standards of public health and safety. Policy CF1.2 — Ensure that public services and capital facilities needs are addressed in updates to the Capital Facilities Plans and Capital Improvement Programs, and development regulations as appropriate. Goal CF-4 — Ensure that appropriate funding sources are available to acquire or bond for the provisions of needed public services and facilities. II. SUMMARY AND RECOMMENDATION A. SUMMARY Kent City Code section 11 03.510 identifies plans and policies from which the City may draw substantive mitigation under the State Environmental Policy Act. This nonprolect action has been evaluated in light of those substantive plans and policies as well as within the overall analysis completed for the City's Comprehensive Plan EIS B. DECISION The City of Kent Comprehensive Plan EIS, draft and final,provided analysis with regard to the implementation of the Comprehensive Plan elements, goals and policies This includes the implementation of the Capital Facilities Element and Capital improvement Programs. The City has reviewed the 2005-2010 CIP and has found it to be consistent with the range, types and magnitude of impacts and corresponding mitigation outlined in the Comprehensive Plan EIS. The adoption of the six-year CIP does not substantially ichange any identified related impacts in the Comprehensive Plan EIS This analysis and subsequent addendum did not identify any new significant impacts associated with the adoption of the 2005-2010 CIP Therefore, this addendum,combined with the Comprehensive Plan EIS adequately evaluates potential adverse environmental impacts and provides appropriate mitigation. Based upon this analysis, a separate threshold determination is not required for this action. This document and corresponding environmental record may be utilized in the future in conjunction with environmental review for future projects identified in the CIP in accordance with the guidelines provided by WAC 197-1 1 1 Dated. November 3, 2004 Signature: Z?lKe4dlf_ Kim Marousek, AICP,Responsible Official KM im\\S\Pn i1\P1en\Env\2004 CIPaddendu dm Page 3 of 3 Kent City Council Meeting Date November 16, 2004 Category Public Hearings I. SUBJECT: 2004 TAX LEVY FOR 2005 BUDGET 2. SUMMARY STATEMENT: This date has been set for the public hearing on the 2004 Tax Levy for the 2005 budget. Staff will make a brief presentation and be available for questions. Afterwards, we will open the Public Hearing and public input is welcome. 3. EXHIBITS: Draft Ordinance 4. RECOMMENDED BY: Finance Director (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? N/A Revenue? N/A Currently in the Budget? Yes No If no: Unbudgeted Expense: Fund Amount $ Unbudgeted Revenue: Fund Amount $ 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds to close the public hearing. i DISCUSSION: ACTION: Council Agenda Item No. 5C Oration 1: Statutorily Allowed 1% r a 11 ORDINANCE NO. AN ORDINANCE of the City Council of the City of Kent,Washington,authorizing the 2004 property tax levy for the 2005 budget at the previous year's tax levy, with a statutorily allowed one(1)percent increase to partially cover impacts from inflation, together with any increases resulting from the addition of new construction and improvements to property, from any increase in the value of state-assessed property, from the refund fund levy, and from annexed properties i iRECITALS A. Pursuant to RCW 84.55.120 and after providing all appropriate notice,the City Council held a public hearing on September 21, 2004,to consider the City of Kent's proposed operating and capital budget for the 2005 calendar year,and held a public hearing on November 16, 2004, to address the City's 2004 property tax levy,revenues,and limit factors, as well as the proposed 2005 budget. B. In accordance with RCW 84.55.120, any increase in property tax revenue other than that resulting from the addition of new construction and improvements to property, annexations, and any increase in the value of state-assessed property and the refund fund levy,requires the adoption of a separate ordinance from the tax levy ordinance tspecifically authorizing the increase in terms of both dollars and percentage. 1 Tax Levy Adjustment Authorized(1%) - 2005 Budget 1 Draft C. The City Council finds that to best protect the public health, safety, and welfare, to best protect the City's future property tax levy capacity, to best serve the citizens of Kent by maintaining an appropriate level of service throughout the City, to appropriately discharge the City's expected expenses and obligations,and to best serve the citizens of Kent through a continued commitment to capital improvements throughout the City, a substantial need exists to increase its tax levy over last year. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: ORDINANCE SECTION]. -Recitals Incorporated The foregoing recitals are incorporated into this ordinance. SECTION2. -Property Tax Levy Authorized In addition to the increase resulting from new construction and improvements to property.from annexations,from any increase in the value of state-assessed property, and from the refund fund levy, the 2004 regular property tax dollar levy for the 2005 budget is authorized at the previous year's property tax levy, plus a one (1)percent increase, representing $222,987. SECTIONS. -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 L force and effect. 2 Tar Levy Adjustment Authorized(1%)-2005 Budget ' Pruitt iSECTION4. -Effective Date. This ordinance shall take effect and he in force five (5)days from and after its passage, approval, and publication as provided by law. jJIM WHITE, MAYOR ATTEST: BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM: TOM BRUBAKER, CITY ATTORNEY i PASSED: day of December,2004. jAPPROVED: day of December, 2004. jPUBLISHED: day of December, 2004. 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 t (SEAL) BRENDA JACOBER, CITY CLERK P'CnMORDRlMR1T[f wylvseiYY W p(Of�x 3 Tax Levy Adjustment Authorized(1%)-2005 Budget Option 1: Statutorily Allowed 1% to raft i ORDINANCE NO. AN ORDINANCE of the City Council of the City of Kent, Washington, levying 2004 property taxes for the 2005 budget for the City of Kent. RECITALS A. Pursuant to RCW 84.55.120 and after providing all appropriate notice,the City Council held a public hearing on September 21, 2004, to consider the City of Kent's proposed operating and capital budget for the 2005 calendar year,and held a public hearing on November 16, 2004, to address the City's 2004 property tax levy, revenues.and limit factors, as well as the proposed 2005 budget. B. In accordance with RCW 84.55.120, any increase in property tax revenue other than that resulting from the addition of new construction and improvements to property, annexations, and any increase in the value of state-assessed property and the refund fund levy,requires the adoption of a separate ordinance from the tax levy ordinance I specifically authorizing the increase in terms of both dollars and percentage C. By separate ordinance, the City Council has adopted an ordinance to establish a one (1)percent increase in property tax revenue to be levied and collected in year 2005. 1 Property Tax Levied(I%) 2005 Budget raft D. Pursuant to RCW 84.52.010 and WAC 458-12-365,taxes shall be levied in jspecific dollar amounts. jNOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: ORDINANCE SECTION].—Recitals Incorporated The foregoing recitals are incorporated into Ithis ordinance. 1 SECTION 2. —Property Tax Levied. There is hereby levied against the assessed value of the property in the City of Kent.Washington,a tax for the City's 2005 budget in the following amounts for the following funds: A. For the General Fund,for the purpose of paying the general expenses of municipal government: Levy per $1,000 of assessed valuation Dollar Amount Fund (estimated) (estimated) General Fund 2.547 $23,065,308 B. For Voted Bond Interest and Redemption Fund, for the purpose of paying debt service in the following amounts for the following funds: Levy per $1,000 of assessed valuation DollarAmount Fund (estimated) (estimated) General Obligation Refunding 0.197 $1,785,000 (Public Safety and Senior Housing) Property Tax Levied(I%) 2 2005 Budget 0 rail i C. Total General Fund and Voted Bond Interest and Redemption Fund: Levy per$1,000 of assessed valuation DollarAmount (estimated) (estimated) TOTAL LEVY 2.744 $24,850,308 SECTIONS. -Limitation on Levy. The application of the General Fund levy shall be consistent with and shall not result in a tax revenue in excess of the limitation imposed , by RCW 84.55.010. SECTION 4. - Adiustments City administration shall administer the Annual Budget and in doing so may authorize adjustments pursuant to RCW 35A.33.120. SECTION S. -Severability If anyone 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 i and effect. i SECTION 6. -Effective Date This ordinance shall take effect and be in force five (5) days from and after its passage, approval, and publication as provided by law. j JIM WHITE, MAYOR ATTEST: BRENDA JACOBER, CITY CLERK Property Tax Levied(I%) 3 2005 Budget rail APPROVED AS TO FORM: TOM BRUBAKER, CITY ATTORNEY PASSED: day of December, 2004. APPROVED: day of December, 2004. PUBLISHED: day of December, 2004. i 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 r c"soa Mu CFr..i.'.2 ea 4 Property Tax Levied(I%) 2005 Budget 1 Option 2: Statutorily Allowed 1%, Plus Banked Capacity. to raft ORDINANCE NO. AN ORDINANCE of the City Council of the City of t Kent,Washington,authorizing the 2004 property tax levy for the 2005 budget at the previous year's maximum allowed tax levy, with a statutorily allowed one (1) percent increase to partially cover impacts from inflation,for collection in 2005, together with any increases resulting from the addition of new construction and improvements to property,from any increase in the value of state-assessed property,from the refund fund levy, and from annexed properties. RECITALS A. Pursuant to RCW 84.55.120 and after providing all appropriate notice,the City Council held a public hearing on September 21, 2004,to consider the City of Kent's proposed operating and capital budget for the 2005 calendar year,and held a public hearing i on November 16, 2004, to address the City's 2004 property tax levy, revenues,and limit factors, as well as the proposed 2005 budget. B. In accordance with RCW 84.55.120, any increase in property tax revenue other than that resulting from the addition of new construction and improvements to property, annexations, and any increase in the value of state-assessed property and the refund fund levy,requires the adoption of a separate ordinance from the tax levy ordinance specifically authorizing the increase in terms of both dollars and percentage. 1 Tax Levy Adjustment Authorized (I%,Plus Banked Capacity)-2005 Budget C. The City Council finds that in order to best protect the public health,safety, and welfare,to protect the City's future property tax levy capacity,to serve the citizens of Kent by maintaining an appropriate level of service throughout the City,to appropriately discharge the City's expected expenses and obligations, and to best serve the citizens of Kent through a continued commitment to capital improvements throughout the City, a substantial need exists to increase its tax levy by using all the City's "banked"tax levy capacity plus the one (1)percent limit factor allowed by law. In prior years,the City has not always set its tax levy at the maximum level permitted by law,but has rather reduced its tax levy below the level it could otherwise impose. Pursuant to RCW 84.55.092, this unallocated amount of regular property tax which would otherwise have been allowed if the City had levied the full amount of regular property tax that the City could have levied in prior taxing years constitutes the City's "banked"regular property tax capacity jD. Accordingly,the regular property tax levy for the 2005 budget—in addition to the increase resulting from the addition of new construction and improvements to property,and any increase in the value of state-assessed property,the refund fund levy,and annexed properties—should use the City's banked property tax capacity and should rbe established at the previous year's maximum allowed property tax levy, plus the statutorily allowed one (1) percent increase for inflation. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: ORDINANCE SECTION L -Recitals Incorporated The foregoing recitals are incorporated into this ordinance. 1 2 Tax Levy Adjustment Authorized (I%, Plus Banked Capacity)-2005 Budget SECTION2. -Property Tax Levy Authorized In addition to the increase resulting from new construction and improvements to property,from annexations,from any increase in the value of state-assessed property, and from the refund fund levy, the 2004 regular property tax levy for the 2005 budget is authorized at the previous year's maximum allowed property tax levy, including the City's banked property tax capacity, plus the statutorily allowed one(1)percent increase for inflation. Pursuant to RCW 84.55 120,the increase in property tax revenue is calculated to be $1,192,987, representing five and three-tenths (53)percent, in addition to the effects of new construction, annexations and increases in state-assessed property. SECTIONS. -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. i SECTION 4. -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 3 Tax Levy Adjustment Authorized (1%, Plus Banked Capacity)-2005 Budget r� APPROVED AS TO FORM: TOM BRUBAKER, CITY ATTORNEY PASSED: day of December,2004. APPROVED: day of December, 2004. PUBLISHED: day of December, 2004. 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 r Clvw NANc Tn Unuv...ra,ei�.-IWsI i I I I 4 Tax Levy Adjustment Authorized (l%,Plus Banked Capacity)-2005 Budget Option 2: Statutorily Allowed 1%, Plus Banked Capacity. ORDINANCE NO. AN ORDINANCE of the City Council of the City of Kent, Washington, levying 2004 property taxes for the 2005 budget for the City of Kent. RECITALS A. Pursuant to RC W 84.55.120 and after providing all appropriate notice,the , City Council held a public hearing on September 21, 2004,to consider the City of Kent's proposed operating and capital budget for the 2005 calendar year,and held a public hearing on November 16, 2004,to address the City's 2004 property tax levy, revenues,and limit factors, as well as the proposed 2005 budget. B. In accordance with RCW 84.55.120,any increase in property tax revenue other than that resulting from the addition of new construction and improvements to property, annexations, and any increase in the value of state-assessed property and the refund fund levy,requires the adoption of a separate ordinance from the tax levy ordinance specifically authorizing the increase in terms of both dollars and percentage. C. The City Council finds that in order to best protect the public health,safety, and welfare,to protect the City's future property tax levy capacity,to serve the citizens of j Kent by maintaining an appropriate level of service throughout the City,to appropriately 1 Property Tax Levied(1%,Plus Banked Capacity) -2005 Budget 1 raft discharge the City's expected expenses and obligations, and to best serve the citizens of Kent through a continued commitment to capital improvements throughout the City, the regular property tax levy—in addition to the increase resulting from the addition of new construction and improvements to property,and any increase in the value of state-assessed 1 property, the refund fund levy, and annexed properties—should be established at the previous year's maximum allowed property tax levy,including the City's banked property tax capacity,plus the statutorily allowed one(1)percent increase for inflation. ID. Pursuant to RCW 84.52.010 and WAC 458-12-365,taxes shall be levied in specific dollar amounts. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: ORDINANCE SECTION]. —Recitals Incorporated The foregoing recitals are incorporated into this ordinance. SECTION 2. —Property Tax Levied. There is hereby levied against the assessed value of the property in the City of Kent, Washington,a tax for the City's 2005 budget in the following amounts for the following funds: A. For the General Fund,for the purpose of paying the general expenses of municipal government: Levy per$1,000 of assessed valuation DollarAmount Fund (estimated) (estimated) General Fund 2.6543 $24,035,308 2 Property Tax Levied(A, Plus Banked Capacity) -2005 Budget 0 1 raft B. For Voted Bond Interest and Redemption Fund, for the purpose of paying debt service in the following amounts for the following funds: Levy per$1,000 of assessed valuation DollarAmount Fund (estimated) (estimated) General Obligation Refunding 0.197 $1,785,000 (Public Safety and Senior Housing) C. Total General Fund and Voted Bond Interest and Redemption Fund: j Levy per $1,000 of assessed valuation DollarAmount (estimated) (estimated) TOTAL LEVY 2.8514 $25,820,308 SECTIONS. -Limitation on Lew. The application of the General Fund levy shall be consistent with and shall not result in a tax revenue in excess of the limitation imposed by RCW 84.55.010. SECTION 4. - Adjustments City administration shall administer the Annual Budget and in doing so may authorize adjustments pursuant to RCW 35A 33.120 SECTIONS. -Severabdity If any one or more sections,subsections, or sentences of this ordinance are held to be unconstitutional or invalid,such decision shall not affect the validity of the remaining portion of this ordinance and the same shall remain in full force and effect. SECTION 6. -Effective Date This ordinance shall take effect and be in force five (5) days from and after its passage, approval, and publication as provided by law. JIM WHITE,MAYOR 3 Property Tax Levied(1%,Plus Banked Capacity) -2005 Budget , i i ra ATTEST: BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM: iTOM BRUBAKER, CITY ATTORNEY PASSED: day of December, 2004. APPROVED: day of December, 2004. PUBLISHED: day of December, 2004. 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 v<'.uoww•scer.....e.e.a.ety..e.xooe� Property Tax Levied(I%, Plus 4 Banked Capacity) -2005 Budget Kent City Council Meeting Date November 16, 2004 Category Public Hearings 1. SUBJECT: COMPREHENSIVE PLAN/CAPITAL FACILITIES ELEMENT AND KENT CITY CODE CHAPTER 12.13 AMENDMENTS 2. SUMMARY STATEMENT: This public hearing is to consider amendment of the Capital Facilities Element of the Kent Comprehensive Plan to incorporate the updated Capital Facilities Plans of the Auburn, Kent and Federal Way School Districts. These plans also propose to amend school impact fees outlined in Kent City Code Chapter 12.13. Kent City Code requires the School Districts to submit their updated Plans annually for Council review and consideration. Staff will make a brief presentation and be available for questions. Afterwards, we will open the Public Hearing and public input is welcome. 3. EXHIBITS: Staff memo from Charlene Anderson dated 11/9/04 w/attached code references; Auburn, Kent and Federal Way School District Capital Facilities Plans & Determinations of Nonsignificance 4. RECOMMENDED BY: Staff (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? No Revenue? No Currently in the Budget? Yes No If no: Unbudgeted Expense: Fund Amount $ Unbudgeted Revenue: Fund Amount $ 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds to close the public hearing. DISCUSSION: ACTION: Council Agenda Item No. 5D COMMUNITY DEVELOPMENT Fred N Satterstrom, AICP, Director L PLANNING SERVICES KEN T Charlene Anderson,AICP, Manager WASHINGTON Phone 253-856-5454 Fax 253-856-6454 Address 220 Fourth Avenue S Kent,WA 98032-5895 NOVEMBER 9, 2004 tTO- MAYOR JIM WHITE, COUNCIL PRESIDENT JULIE PETERSON AND CITY COUNCIL MEMBERS FROM CHARLENE ANDERSON, AICP, PLANNING MANAGER THROUGH MAYOR JIM WHITE SUBJECT COMPREHENSIVE PLAN/CAPITAL FACILITIES ELEMENT AMENDMENT AND UPDATE TO CHAPTER 12 13 KENT CITY CODE MOTION: None at this time This issue will be decided concurrently with adoption of the 2005 Annual Budget and 2005-10 Capital Improvement Program SUMMARY: This public hearing will consider amendment of the Capital Facilities Element of the Kent Comprehensive Plan to incorporate the updated Capital Facilities Plans of the Auburn, Kent and Federal Way School Districts. These plans propose to also amend school impact fees outlined in Kent City Code Chapter 12.13. Kent City Code requires the School Districts to submit their updated Plans annually for Council review and consideration The City Council holds the public hearing on the school district plans at the same time as the public hearing for the budget, i e., November 16, 2004 The City of Kent 6-year Capital Improvement Program being considered this evening also will update the Capital Facilities Element of the Comprehensive Plan BUDGET IMPACT: None BACKGROUND: One of the planning goals under the Growth Management Act (RCW 36 70A 020) is to ensure that those public facilities and services necessary to support development are adequate and timely to serve the development without decreasing current service levels below minimum standards The Act (RCW 36.70A 070) also requires the Capital Facilities Element of the Kent Comprehensive Plan to inventory existing capital facilities, forecast future needs and provide for financing of those facilities RCW 82.02 050 authorizes cities planning under the Growth Management Act to impose impact fees on development activity as part of the financing for public facilities needed to serve new growth and development As a result, KCC 12.13 080 and 090 provide for imposition of school impact fees on behalf of any school district which provides to the City a capital facilities plan, the plan is adopted by reference as part of the Capital Facilities Element of the Kent Comprehensive Plan. The school districts are required to submit for annual Council review their updated capital facilities plans (KCC 12.13.060 & 070) The Auburn, Kent and Federal Way School Districts have submitted their 2004/5 — 2009/10 t Capital Facilities Plans and are requesting amendments of the Kent Comprehensive Plan and Kent City Code Chapter 12.13 to reflect changes to impact fees resulting from new student population generated by new single family and multifamily residential development The updated plans include an inventory of existing facilities, existing facility needs, expected future facility requirements, expected funding, and calculation of the impact fees according to the formula set forth in KCC 12.13.140. The Kent School District proposes decreasing their existing school impact fees for single family units from $4,292 to $4,056 (a decrease of$236 or 5.5%) and for multifamily units from $2,643 to $1,762 (a decrease of$881 or 33.3%). jThe Federal Way School District proposes decreasing their existing school impact fees for single family units from $3,269 to $2,868 (a decrease of$401 or 12.3%) and for multifamily units from $940 to $905 (a decrease of$35 or 3.7%) The Auburn School District proposes increasing their school impact fees for single family units from $4,528 to S5,296 90 (an increase of$768.90 or 17%) and for multifamily units from $1,212 to $1,831.85 (an increase of $619 85 or 51.1%) The only area in Kent where Auburn School District's impact fees would apply is the impoundment reservoir site CA\pm S\Permit\Plan\CompPlanAmdments\2004\2042983-2004-2cc doc Eric School District Capital Facilities Plans&Determinations ofNonsPgmficance,RCW 36 70A 020&070,RCW 82 02 050,KCC 12 13 060-090,KCC 12 13 140 cc Fred N Satterstrom,AICP,CD Director Charlene Anderson,AICP,Planning Manager Project File#CPA-2004-2/KIVA#2042983 Parties of Record t 1 1 1 I t 1 CPA-2004-2 Comprehensive Plan./Capital Facilities Element Amendment&Update to KCC Ch 12 13 11/16/04 City Council Meeting—Public Heanng Page 2 of 2 Page 1 of 2 RCW 36.70A.020 Planning goals. The following goals are adopted to guide the development and adoption of comprehensive plans and development regulations of those counties and cities that are required or choose to plan under RCW 36.70A.040. The following goals are not listed in order of priority and shall be used exclusively for the purpose of guiding the development of comprehensive plans and development regulations: (1) Urban growth. Encourage development in urban areas where adequate public facilities and services exist or can be provided in an efficient manner. (2) Reduce sprawl. Reduce the inappropriate conversion of undeveloped land into sprawling, low-density development. (3) Transportation. Encourage efficient multimodal transportation systems that are based on regional priorities and coordinated with county and city comprehensive plans. (4) Housing. Encourage the availability of affordable housing to all economic segments of the population of this state, promote a variety of residential densities and housing types, and encourage preservation of existing housing stock. (5) Economic development. Encourage economic development throughout the state that is consistent with adopted comprehensive plans, promote economic opportunity for all citizens of this state, especially for unemployed and for disadvantaged persons, promote the retention and expansion of existing businesses and recruitment of new businesses, recognize regional differences impacting economic development opportunities, and encourage growth in areas experiencing insufficient economic growth, all within the capacities of the state's 1 natural resources, public services, and public facilities. (6) Property rights. Private property shall not be taken for public use without just compensation having been made. The property rights of landowners shall be protected from arbitrary and discriminatory actions. (7) Permits. Applications for both state and local government permits should be processed in a timely and fair manner to ensure predictability. (8) Natural resource industries. Maintain and enhance natural resource-based industries, including productive timber, agricultural, and fisheries industries. Encourage the conservation of productive forest lands and productive agricultural lands, and discourage incompatible uses. (9) Open space and recreation. Retain open space, enhance recreational opportunities, conserve fish and wildlife habitat, increase access to natural http://www.leg.wa.gov/RCW/index.cfm?fuseaction=Section&Section=36.70A.02... 9/28/2004 Page 2of2 resource lands and water, and develop parks and recreation facilities. (10) Environment. Protect the environment and enhance the state's high quality of life, including air and water quality, and the availability of water. (11) Citizen participation and coordination. Encourage the involvement of citizens in the planning process and ensure coordination between communities and jurisdictions to reconcile conflicts. (12) Public facilities and services. Ensure that those public facilities and services necessary to support development shall be adequate to serve the development at the time the development is available for occupancy and use without decreasing current service levels below locally established minimum standards. (13) Historic preservation. Identify and encourage the preservation of lands, sites, and structures, that have historical or archaeological significance. [2002 c 154 § 1; 1990 1st ex.s. c 17 § 2.] I I l I ` http://www.leg.wa.gov/RCW/index.cfm?fuseaction=Section&Section=36.70A.02... 9/28/2004 IPage 1 of 7 jRCW 36.70A.070 Comprehensive plans -- Mandatory elements. The comprehensive plan of a county or city that is required or chooses to plan under RCW 36.70A.040 shall consist of a map or maps, and descriptive text covering objectives, principles, and standards used to develop the comprehensive plan. The plan shall be an internally consistent document and all elements shall be 1 consistent with the future land use map. A comprehensive plan shall be adopted and amended with public participation as provided in RCW 36.70A.140. Each comprehensive plan shall include a plan, scheme, or design for each of the following: (1) A land use element designating the proposed general distribution and general location and extent of the uses of land, where appropriate, for agriculture, timber production, housing, commerce, industry, recreation, open spaces, general aviation airports, public utilities, public facilities, and other land uses. The land use element shall include population densities, building intensities, and estimates of future population growth. The land use element shall provide for protection of the i quality and quantity of ground water used for public water supplies. Where ■ applicable, the land use element shall review drainage, flooding, and storm water run-off in the area and nearby jurisdictions and provide guidance for corrective actions to mitigate or cleanse those discharges that pollute waters of the state, including Puget Sound or waters entering Puget Sound. i (2) A housing element ensuring the vitality and character of established residential neighborhoods that: (a) Includes an inventory and analysis of existing and projected housing needs that identifies the number of housing units necessary to manage projected growth; (b) includes a statement of goals, policies, objectives, and mandatory provisions for the preservation, improvement, and development of housing, including single-family residences; (c) identifies sufficient land for housing, including, but not limited to, government-assisted housing, housing for low-income families, manufactured housing, multifamily ' housing, and group homes and foster care facilities; and (d) makes adequate provisions for existing and projected needs of all economic segments of the community. (3) A capital facilities plan element consisting of: (a) An inventory of existing capital facilities owned by public entities, showing the locations and capacities of the capital facilities; (b) a forecast of the future needs for such capital facilities; (c) the proposed locations and capacities of expanded or new capital facilities; (d) at least a six-year plan that will finance such capital facilities within projected funding capacities and clearly identifies sources of public money for such purposes; and (e) a requirement to reassess the land use element if probable funding falls short of meeting existing needs and to ensure that the land use element, capital facilities plan element, and financing plan within the capital ' http://www.leg.wa.gov/RCW/index.cfm?fuseaction=Section&Section=36.70A.07... 9/28/2004 Page 2 of 7 facilities plan element are coordinated and consistent. Park and recreation facilities shall be included in the capital facilities plan element. (4) A utilities element consisting of the general location, proposed location, and capacity of all existing and proposed utilities, including, but not limited to, electrical lines, telecommunication lines, and natural gas lines. (5) Rural element. Counties shall include a rural element including lands that are not designated for urban growth, agriculture, forest, or mineral resources. The following provisions shall apply to the rural element: 1 (a) Growth management act goals and local circumstances. Because circumstances vary from county to county, in establishing patterns of rural densities and uses, a county may consider local circumstances, but shall develop a written record explaining how the rural element harmonizes the planning goals in RCW 36.70A.020 and meets the requirements of this chapter. (b) Rural development. The rural element shall permit rural development, forestry, and agriculture in rural areas. The rural element shall provide for a variety of rural densities, uses, essential public facilities, and rural governmental services needed to serve the permitted densities and uses. To achieve a variety of rural densities and uses, counties may provide for clustering, density transfer, design guidelines, conservation easements, and other innovative techniques that will accommodate appropriate rural densities and uses that are not characterized by urban growth and that are consistent with rural character. I (c) Measures governing rural development. The rural element shall include measures that apply to rural development and protect the rural character of the area, as established by the county, by: 1 (i) Containing or otherwise controlling rural development; (ii) Assuring visual compatibility of rural development with the surrounding rural area; (iii) Reducing the inappropriate conversion of undeveloped land into sprawling, low-density development in the rural area; (iv) Protecting critical areas, as provided in RCW 36.70A.060, and surface water and ground water resources; and (v) Protecting against conflicts with the use of agricultural, forest, and mineral resource lands designated under RCW 36.70A.170. (d) Limited areas of more intensive rural development. Subject to the requirements of this subsection and except as otherwise specifically provided in http://www.leg.wa.gov/RCW/index.cfm?fuseaction=Section&Section=36.70A.07... 9/28/2004 Page 3 of 7 this subsection (5)(d), the rural element may allow for limited areas of more intensive rural development, including necessary public facilities and public services to serve the limited area as follows: (i) Rural development consisting of the infill, development, or redevelopment of existing commercial, industrial, residential, or mixed-use areas, whether characterized as shoreline development, villages, hamlets, rural activity centers, or crossroads developments. (A) A commercial, industrial, residential, shoreline, or mixed-use area shall be subject to the requirements of (d)(iv) of this subsection, but shall not be subject to the requirements of (c)(ii) and (iii) of this subsection. (B) Any development or redevelopment other than an industrial area or an industrial use within a mixed-use area or an industrial area under this subsection (5)(d)(i) must be principally designed to serve the existing and projected rural population. (C) Any development or redevelopment in terms of building size, scale, use, or intensity shall be consistent with the character of the existing areas. Development and redevelopment may include changes in use from vacant land or a previously existing use so long as the new use conforms to the requirements of this Isubsection (5); (ii) The intensification of development on lots containing, or new development of, small-scale recreational or tourist uses, including commercial facilities to serve those recreational or tourist uses, that rely on a rural location and setting, but that do not include new residential development. A small-scale recreation or tourist use is not required to be principally designed to serve the existing and projected rural population. Public services and public facilities shall be limited to those necessary to serve the recreation or tourist use and shall be provided in a manner that does not permit low-density sprawl; (iii) The intensification of development on lots containing isolated nonresidential uses or new development of isolated cottage industries and isolated small-scale businesses that are not principally designed to serve the existing and projected rural population and nonresidential uses, but do provide job opportunities for rural residents. Rural counties may allow the expansion of small- scale businesses as long as those small-scale businesses conform with the rural character of the area as defined by the local government according to RCW 36.70A.030(14). Rural counties may also allow new small-scale businesses to utilize a site previously occupied by an existing business as long as the new small- scale business conforms to the rural character of the area as defined by the local government according to RCW 36.70A.030(14). Public services and public facilities shall be limited to those necessary to serve the isolated nonresidential use and shall be provided in a manner that does not permit low-density sprawl; lhttp://www.leg.wa.gov/RCW/index.cfm?fubeaction=Section&Section=36.70A.07... 9/28/2004 Page 4 of 7 (iv) A county shall adopt measures to minimize and contain the existing areas or uses of more intensive rural development, as appropriate, authorized under this subsection. Lands included in such existing areas or uses shall not extend beyond the logical outer boundary of the existing area or use, thereby allowing a new pattern of low-density sprawl. Existing areas are those that are clearly identifiable and contained and where there is a logical boundary delineated predominately by the built environment, but that may also include undeveloped lands if limited as 1 provided in this subsection. The county shall establish the logical outer boundary of an area of more intensive rural development. In establishing the logical outer boundary the county shall address (A) the need to preserve the character of existing natural neighborhoods and communities, (B) physical boundaries such as bodies of water, streets and highways, and land forms and contours, (C) the prevention of abnormally irregular boundaries, and (D) the ability to provide public facilities and public services in a manner that does not permit low-density sprawl; ' (v) For purposes of (d) of this subsection, an existing area or existing use is one that was in existence: ' (A) On July 1, 1990, in a county that was initially required to plan under all of the provisions of this chapter; (B) On the date the county adopted a resolution under RCW 36.70A.040(2), in a county that is planning under all of the provisions of this chapter under RCW 36.70A.040(2); or 1 (C) On the date the office of financial management certifies the county's population as provided in RCW 36.70A.040(5), in a county that is planning under all of the provisions of this chapter pursuant to RCW 36.70A.040(5). (e) Exception. This subsection shall not be interpreted to permit in the rural area a major industrial development or a master planned resort unless otherwise specifically permitted under RCW 36.70A.360 and 36.70A.365. (6) A transportation element that implements, and is consistent with, the land use element. (a) The transportation element shall include the following subelements: (i) Land use assumptions used in estimating travel; t (ii) Estimated traffic impacts to state-owned transportation facilities resulting from land use assumptions to assist the department of transportation in monitoring the performance of state facilities, to plan improvements for the facilities, and to assess the impact of land-use decisions on state-owned rhttp://www.leg.wa.gov/RCW/index.cfm?fubeaction=Section&Section=36.70A.07... 9/28/2004 Page 5 of 7 transportation facilities; (iii) Facilities and services needs, including: (A) An inventory of air, water, and ground transportation facilities and services, including transit alignments and general aviation airport facilities, to define existing capital facilities and travel levels as a basis for future planning. This inventory must include state-owned transportation facilities within the city or ' county's jurisdictional boundaries; (B) Level of service standards for all locally owned arterials and transit routes to serve as a gauge to judge performance of the system. These standards should be regionally coordinated; j (C) For state-owned transportation facilities, level of service standards for highways, as prescribed in chapters 47.06 and 47.80 RCW, to gauge the 1 performance of the system. The purposes of reflecting level of service standards for state highways in the local comprehensive plan are to monitor the performance of the system, to evaluate improvement strategies, and to facilitate coordination between the county's or city's six-year street, road, or transit program and the department of transportation's six-year investment program. The concurrency requirements of (b) of this subsection do not apply to transportation I facilities and services of statewide significance except for counties consisting of islands whose only connection to the mainland are state highways or ferry routes. In these island counties, state highways and ferry route capacity must be a factor in meeting the concurrency requirements in (b) of this subsection; 1 (D) Specific actions and requirements for bringing into compliance locally owned transportation facilities or services that are below an established level of service standard; (E) Forecasts of traffic for at least ten years based on the adopted land use plan to provide information on the location, timing, and capacity needs of future Igrowth; (F) Identification of state and local system needs to meet current and future demands. Identified needs on state-owned transportation facilities must be consistent with the statewide multimodal transportation plan required under chapter 47.06 RCW; (iv) Finance, including: 1 (A) An,analysis of funding capability to judge needs against probable funding resources; (B) A multiyear financing plan based on the needs identified in the http://www.leg.wa.gov/RCW/index.cfm?fuseaction=Section&Section=36.70A.07... 9/28/2004 Page 6of7 comprehensive plan, the appropriate parts of which shall serve as the basis for the six-year street, road, or transit program required by RCW 35.77.010 for cities, RCW 36.81.121 for counties, and RCW 35.58.2795 for public transportation systems. The multiyear financing plan should be coordinated with the six-year improvement program developed by the department of transportation as required by RCW 47.05.030; (C) If probable funding falls short of meeting identified needs, a discussion of I how additional funding will be raised, or how land use assumptions will be reassessed to ensure that level of service standards will be met; (v) Intergovernmental coordination efforts, including an assessment of the impacts of the transportation plan and land use assumptions on the transportation systems of adjacent jurisdictions; (vi) Demand-management strategies. t (b) After adoption of the comprehensive plan by jurisdictions required to plan or who choose to plan under RCW 36.70A.040, local jurisdictions must adopt and enforce ordinances which prohibit development approval if the development causes the level of service on a locally owned transportation facility to decline below the standards adopted in the transportation element of the comprehensive ' plan, unless transportation improvements or strategies to accommodate the impacts of development are made concurrent with the development. These strategies may include increased public transportation service, ride sharing ' programs, demand management, and other transportation systems management strategies. For the purposes of this subsection (6) "concurrent with the development" shall mean that improvements or strategies are in place at the time of development, or that a financial commitment is in place to complete the improvements or strategies within six years. ' (c) The transportation element described in this subsection (6), and the six- year plans required by RCW 35.77.010 for cities, RCW 36.81.121 for counties, RCW 35.58.2795 for public transportation systems, and RCW 47.05.030 for the state, must be consistent. (7) An economic development element establishing local goals, policies, objectives, and provisions for economic growth and vitality and a high quality of life. The element shall include: (a) A summary of the local economy such as population, employment, payroll, sectors, businesses, sales, and other information as appropriate; (b) a summary of the strengths and weaknesses of the local economy defined as the commercial and industrial sectors and supporting factors such as land use, transportation, utilities, education, work force, housing, and natural/cultural resources; and (c) an identification of policies, programs, and projects to foster economic growth and development and to address future needs. A city that has chosen to be a residential community is exempt from the economic ' http://www.leg.wa.gov/RCW/index.cfm?fuseaction=Section&Section=36.70A.07... 9/28/2004 Page 7 of 7 development element requirement of this subsection. (8) A park and recreation element that implements, and is consistent with, the f capital facilities plan element as it relates to park and recreation facilities. The element shall include: (a) Estimates of park and recreation demand for at least a ten-year period; (b) an evaluation of facilities and service needs; and (c) an evaluation of intergovernmental coordination opportunities to provide regional approaches for meeting park and recreational demand. (9) It is the intent that new or amended elements required after January 1, 2002, be adopted concurrent with the scheduled update provided in RCW 36.70A.130. Requirements to incorporate any such new or amended elements shall be null and void until funds sufficient to cover applicable local government costs are appropriated and distributed by the state at least two years before local government must update comprehensive plans as required in RCW 36.70A.130. [2004 c 196 § 1; 2003 c 152 § 1. Prior: 2002 c 212 § 2; 2002 c 154 § 2; 1998 c 171 § 2; 1997 c ' 429 § 7; 1996 c 239 § 1; prior: 1995 c 400 § 3; 1995 c 377 § 1; 1990 1st ex.s. c 17 § 7.] NOTES: Prospective application -- 1997 c 429 §§ 1-21: See note following RCW 36.70A.3201. Severability -- 1997 c 429: See note following RCW 36.70A.3201. Construction -- Application -- 1995 c 400: "A comprehensive plan adopted or amended before May 16, 1995, shall be considered to be in compliance with RCW 36.70A.070 or 36.70A.110, as in effect before their amendment by this act, if the comprehensive plan is in compliance with RCW 36.70A.070 and 36.70A.110 as amended by this act. This section shall not be construed to alter the relationship between a county-wide planning policy and comprehensive plans as specified under RCW 36.70A.210. As to any appeal relating to compliance with RCW 36.70A.070 or 36.70A.110 pending before a growth management hearings board on May 16, 1995, the board may take up to an additional ninety days to resolve such appeal. By mutual agreement of all parties to the appeal, this additional ninety-day period may be extended." [1995 c 400 § 4.] 1 Effective date -- 1995 c 400: See note following RCW 36.70A.040. 1 http://www.leg.wa.gov/RCW/index.cfm?fuseaction=Section&Section=36.70A.07... 9/28/2004 Page 1 of 2 rRCW 82.02.050 Impact fees -- Intent -- Limitations. (1) It is the intent of the legislature: (a) To ensure that adequate facilities are available to serve new growth and development; (b) To promote orderly growth and development by establishing standards by which counties, cities, and towns may require, by ordinance, that new growth and development pay a proportionate share of the cost of new facilities needed to serve new growth and development; and (c) To ensure that impact fees are imposed through established procedures and criteria so that specific developments do not pay arbitrary fees or duplicative fees for the same impact. (2) Counties, cities, and towns that are required or choose to plan under RCW 36.70A.040 are authorized to impose impact fees on development activity as part of the financing for public facilities, provided that the financing for system improvements to serve new development must provide for a balance between impact fees and other sources of public funds and cannot rely solely on impact fees. (3) The impact fees: (a) Shall only be imposed for system improvements that are reasonably related to the new development; (b) Shall not exceed a proportionate share of the costs of system improvements that are reasonably related to the new development; and (c) Shall be used for system improvements that will reasonably benefit the jnew development. (4) Impact fees may be collected and spent only for the public facilities defined in RCW 82.02.090 which are addressed by a capital facilities plan element of a comprehensive land use plan adopted pursuant to the provisions of RCW 36.70A.070 or the provisions for comprehensive plan adoption contained in chapter 36.70, 35.63, or 35A.63 RCW. After the date a county, city, or town is required to adopt its development regulations under chapter 36.70A RCW, continued authorization to collect and expend impact fees shall be contingent on the county, city, or town adopting or revising a comprehensive plan in compliance with RCW 36.70A.070, and on the capital facilities plan identifying: (a) Deficiencies in public facilities serving existing development and the means http://www.leg.wa.gov/RCW/index.cfm?fuseaction=Section&Section=82.02.050... 9/28/2004 Page 2 of 2 by which existing deficiencies will be eliminated within a reasonable period of time; (b) Additional demands placed on existing public facilities by new development; and (c) Additional public facility improvements required to serve new development. If the capital facilities plan of the county, city, or town is complete other than for the inclusion of those elements which are the responsibility of a special district, the county, city, or town may impose impact fees to address those public facility needs for which the county, city, or town is responsible. [1994 c 257 § 24; 1993 sp.s. c 6 § 6; 1990 ist ex.s. c 17 § 43.] NOTES: ' Severability -- 1994 c 257: See note following RCW 36.70A.270. Effective date -- 1993 sp.s. c 6: See note following RCW 36.70A.040. ISeverability -- Part, section headings not law -- 1990 1st ex.s. c 17: See RCW 36.70A.900 and 36.70A.901. 1 SEPA: RCW 43.21C.065. ' http://www.leg.wa.gov/RCW/index.cfm?fuseaction=Section&Section=82.02.050... 9/28/2004 Chapter 12.13 SCHOOL IMPACT FEES - City Code - City of Kent, Washington Page 1 of 3 12.13.060 Submission of district capital facilities plan and data. A. On an annual basis, the district shall submit the following materials to the city council: 1. The district's capital facilities plan (as defined in KCC 12.13.010 herein) and adopted by the school board; ' 2. The district's enrollment projections over the next six (6) years, its current enrollment and the district's enrollment projections and actual enrollment from the previous year; 3. The district's standard of service; 4. The district's overall capacity over the next six (6) years, which shall take into account the available capacity from school facilities planned by the district but not yet built and be a function of the district's standard of service as measured by the number of students which can be housed in district facilities; 5. An inventory of the district's existing facilities. B. To the extent that the district's standard of service identifies a deficiency in its existing facilities, the district's capital facilities plan must identify the sources of funding other than impact fees, for building or acquiring the necessary facilities to serve the existing student population in order to eliminate the deficiencies within a reasonable period of time. C. Facilities to meet future demand shall be designed to meet the adopted standard of service. If sufficient funding is not projected to be available to fully fund a capital facilities plan which meets the adopted standard of service, the district's capital facilities plan should document the reason for the funding gap, and identify all sources of funding that the district plans to use to meet the adopted standard of service. D. The district shall also submit an annual report to the city council 1 showing the capital improvements which were serviced in whole or in part by the impact fees. E. In its development of the financing plan component of the capital facilities plan, the district shall plan on a six (6) year horizon and shall demonstrate its best efforts by taking the following steps: 1. Establish a six (6) year financing plan, and propose the necessary bond issues and levies required by and consistent with that plan and as-approved by the school board consistent with RCW 28A.53.020, 84.52.052 and 84.52.056 as amended; and 2. Apply to the state for funding, and comply with the state requirements for eligibility to the best of the district's ability. http://www.ci.kent.wa.us/CityCode/kentl2l3.htm 9/28/2004 Chapter 12.13 SCHOOL IMPACT FEES - City Code - City of Kent, Washington Page 2 of 3 ' (Ord. No. 3260, § 1, 12-19-95) 12.13.070 Annual council review. On at least an annual basis, the city council shall review the information submitted by the district pursuant to KCC 12.13.060(A) herein. The review shall occur in conjunction with any update of the capital facilities plan element of the city's comprehensive plan. ' (Ord. No. 3260, § 1, 12-19-95) 12.13.080 Impact fee program elements. A. Impact fees will be assessed on every new dwelling unit in the district for which a fee schedule has been established. B. Impact fees will be imposed on a district by district basis, on behalf of any school district which provides to the city, a capital facilities plan, the ' district's standards of service for the various grade spans, estimates of the cost of providing needed facilities and other capital improvements, and the data from the district called for by the formula in KCC 12.13.140. Any impact fee imposed shall be reasonably related to the impact caused by the development, and shall not exceed a proportionate share of the cost of system improvements that are reasonably related to the development. The impact fee formula shall account in the fee calculation for future revenue the district will receive from the development. The ordinance adopting the fee schedule shall specify under what circumstances the fee may be adjusted in the interests of fairness. ' C. The impact fee shall be based on the capital facilities plan developed by the district and approved by the school board, and adopted by reference by the city as part of the capital facilities element of the comprehensive plan for the purpose of establishing the fee program. (Ord. No. 3260, § 1, 12-19-95) 12.13.090 Fee calculations. A. The fee shall be calculated based on the formula set out in KCC 12.13.140. B. Separate fees shall be calculated for single-family and multifamily types of dwelling units, and separate student generation rates must be determined by the district for each type of dwelling unit. For the purpose of this chapter, mobile homes shall be treated as single-family dwellings and duplexes shall be treated as multifamily dwellings. C. The fee shall be calculated on a district-wide basis using the appropriate factors and data to be supplied by the district, as indicated in KCC 12 13.140. The fee calculations shall also be made on a district-wide ' basis to assure maximum utilization of all school facilities in the district used currently or within the last two (2) years for instructional purposes. http://www.ci.kent.wa.us/CityCode/kentl2l3.htm 9/28/2004 ' Chapter 12.13 SCHOOL IMPACT FEES - City Code - City of Kent, Washington Page 3 of 3 ' D. The formula in KCC 12.13 140 provides a credit for the anticipated tax contributions that would be made by the developments based on historical levels of voter support for bond issues in the district. E. The formula also provides for a credit for school facilities or sites actually provided by a developer which the district finds acceptable. F. The city may also impose an application fee to cover the reasonable costs of administration of the impact fee program. (Ord. No. 3260, § 11 12-19-95) ' http://www.ci.kent.wa.us/CityCode/kentl2l3.htm 9/28/2004 Chapter 12.13 SCHOOL IMPACT FEES - City Code - City of Kent, Washington Page 1 of 3 ' 12.13.140 Formula for determining school impact fees. A. School impact fees shall be determined as follows: ' IF: ' A = Student factor for dwelling unit type and grade span x site cost per student for sites for facilities in that grade span = Full cost fee for site acquisition cost B = Student factor for dwelling unit type and grade span x school construction cost per student for facilities in that grade span x ratio of district's square footage of permanent facilities to total square footage of facilities = Full cost fee for school construction C = Student factor for dwelling unit type and grade span x relocatable facilities cost per student for facilities in that grade span x ratio of district's square footage of relocatable facilities to total square footage of facilities = Full cost fee for relocatable facilities D = Student factor for dwelling unit type and grade span "Boeckh Index" x SPI square ft per student factor x state match % = State match credit, and Al, B1, C1, D1 = A, B, C, D for elementary grade spans A2, B2, C2, D2 = A, B, C, D, for middle/junior high grade spans ' A3, B3, C3, D3 = A, B, C, D for high school grade spans TC = Tax payment credit = The net present value of the average 1 assessed value in the district for unit type x current school district capital property tax levy rate, using a ten (10) year discount period and current interest rate (based on the bond buyer twenty (20) bond general ' obligation bond index) FC = Facilities credit = the per-dwelling-unit value of any site or facilities provided directly by the development Then the unfunded need = UN = Al + . . . + C3 (D1-D2-D3) - TC ' And the developer fee obligation = F = U/N2 And the net fee obligation = NF = F - FC B. Notes to formula. 1. Student factors are to be provided by the district based on district records of average actual student generation rates for new developments constructed over a period of not more than five (5) ' years prior to the date of the fee calculation, if such information is not available in the district, data from adjacent districts, districts http://www.cl.kent.wa.us/CityCode/kentl2l3.htm 9/28/2004 Chapter 12.13 SCHOOL IMPACT FEES - City Code - City of Kent, Washington Page 2 of 3 1 with similar demographics, or countywide averages must be used. Student factors must be separately determined for single-family and multifamily dwelling units, and for grade spans. ' 2. The "Boeckh index" is a construction trade index of construction costs for various kinds of buildings; it is adjusted annually. ' 3. The district is to provide its own site and facilities standards and projected costs to be used in the formula, consistent with the requirements of this chapter. 4. The formula can be applied by using the following table: ' Table for Calculating School Impact Fee Obligations for Residential Dwelling Units ' (to be separately calculated for single-family and multifamily units) — A1= Elementary school site cost per student x the student factor A2= Middle/junior high site cost per student x the student factor = ' A3= High school site cost per student x the student factor A= Al + A2 + A3 B1= Elementary school construction cost per student x the student = ' factor — B2= Middle/junior high construction cost per student x the student factor B3= High school construction cost per student x the student factor B= square-footage of-permanent facilities — (B1 + 62 + B3) x total square footage of facilities C1= Elementary school reiocatable facility cost per student x the = student factor ' C2= Middle/junior high relocatable facility cost per student x the = student factor C3= High school relocatable facility cost per student x the student = factor ' C= (Cl + C2 + C3) x f perm square footage oanent facilities = total square footage of facilities D1= Boeckh index x SPI square footage per student for elementary = school x state match % x student factor ' D2= Boeckh index x SPI square footage per student for middle/junior = high school x state match % x student factor D3= Boeckh index x SPI square footage per student for high school x — state match % x student factor — D= D1 + D2 + D3 TC= average assessed value current school ,(1+1)10) - 1 for the dwelling unit district capital i(1 + 1)10 x type in the school x property tax levy district rate ' FC= Value of site of facilities provided directiv_by the development number of dwelling units in development http://www.ci.kent.wa.us/CityCode/kentl2l3.htm 9/28/2004 Chapter 12.13 SCHOOL IMPACT FEES - City Code - City of Kent, Washington Page 3 of 3 Total unfunded need = A + B + C - D = A +B +C -D Subtotal -TC Total unfunded need UN = divided by 2 = Developer fee obligation Less FC (if applicable) Net fee obligation (Ord. No. 3260, § 1, 12-19-95) http://www.ci.kent.wa.us/CityCode/kentl2l3.htm 9/28/2004 DETERMINATION OF NONSIGNIFICANCE Issued with a 14-day comment and appeals period Description of Proposal: This threshold determination analyzes the environmental impacts associated with the following actions, which are so closely related to each other that they are in effect a single course of action: 1. The adoption of the Auburn School District's Capital Facilities Plan 2004-2009 by the Auburn School District No. 408 for the purposes of planning for the facilities needs of the Distnct; and 2. The amendment of the Comprehensive Plans of King County, Pierce County, and the City of Auburn to include the Auburn School District's Capital Facilities Plan 2004-2009 as part of the Capital Facilities Element of each jurisdiction's Comprehensive Plan. The Cities of Algona, Pacific and Kent may also amend their Comprehensive Plans to include the Auburn School—District's Capital Facilities Plan as part of the Capital Facilities Element of each jurisdiction's Comprehensive Plan. Proponent: Auburn School District No. 408 Location of the Proposal: The Auburn School District includes an area of approximately 57 square miles. The Cities of Auburn, Algona, Kent and Pacific and parts of unincorporated King and Pierce Counties fall within the District's boundaries. Lead Agency: Auburn School District No. 408 The lead agency for this proposal has determined that the proposal does not have a probable significant adverse environmental impact on the environment. An environmental impact statement (EIS) is not required under RCW 43.21 C.030(2)(c). This decision was made after a review of the completed environmental checklist and other information on file with the lead agency. This information is available to the public upon request. This Determination of Nonsignificance (DNS) is issued under WAC 197-11-340(2). The lead agency will not act on this proposal for 14 days from the date of issue. Comments must be submitted by 4:00 p.m., April 26, 2004. The responsible official will reconsider the DNS based on timely comments and may retain, modify, or, if significant adverse impacts are likely, withdraw the DNS. If the DNS is retained, it,will be final after the expiration of the comment deadline. . Responsible Official: Michael Newman Associate Superintendent, Business and Operations Auburn School District No. 408 Telephone: (253) 931-4930 Address: Auburn School District 915 4`k' Street N.E. Auburn, WA 98002 You may appeal this determination in writing by 4:00 p.m., April 26, 20042, to Linda Cowan, Superintendent, Auburn School Distnct No. 408, 915 41h Street N.E., Auburn, WA 98002. 19 Date of Issue: April 12, 2004 Date Published: April 12, 2004 4 4 AUBURN SCHOOL DISTRICT No. 408 CAPITAL FACILITIES PLAN 2004 through 2010 AUBURN SCHOOL DISTRICT "Avenue to Excellence" Serving Students in: Unincorporated King County Unincorporated Pierce County City of Auburn City of Algona City of Kent City of Pacific Adopted by the Auburn School District Board of Directors April 26, 2004 t Updated 6-28-04 AUBURN SCHOOL DISTRICT No. 408 915 Fourth Street NE Auburn, Washington 98002 (253) 931-4900 BOARD of DIRECTORS Therald Leonard Janice Nelson Ray Vefik Carol Helgerson Craig Schumaker Linda S. Cowan, Superintendent or AUBURN SCHOOL DISTRICT '"Avenue to Excellence" i Table of Contents Section I Executive Summar y .............................. Page 1 i Section II Enrollment Projections........................... Page 4 Section III Standard of Service............................... Page 6 Section IV Inventory of Facilities........................... . Page 13 Section V Pupil Capacity..... ............. .................. Page 16 Section VI Capital Construction Plan....................... Page 18 Section VII Impact Fees......................................... Page 21 Section VIII Appendices.......................................... Page 25 Appendix A 1 - Student Enrollment Projections Appendix A.2- Capital Facilities Plan Projections Appendix A.3- Student Generation Survey i Auburn School District No. 408 Capital Facilities Plan 2004 through 2010 Section I Executive Summary i i t i t Auburn School District No. 408 CAPITAL FACILITIES PLAN 2004 through 2010 I. Executive Summary This Six-Year Capital Facilities Plan(the "Plan") has been prepared by the Auburn School District(the "District")as the District's principal planning document, in compliance with the requirements of Washington's Growth Management Act and the adopted ordinances of the counties and cities served by the District. This plan was prepared using data available in the spring of 2004. This Plan is consistent with prior long-term capital facilities plans adopted by the District. However, this Plan is not intended to be the sole plan for all of the District's needs. The District may prepare interim and periodic Long Range Capital Facilities Plans consistent with Board Policies and actions, taking into account a longer or a shorter time period, other factors and trends in the use of facilities, and other needs of the District as may be required. However, any such plan or plans will be consistent with this Six-Year Capital iFacilities Plan. s To enable the collection of impact fees in the unincorporated areas of King County and Pierce County and within the City of Auburn and City of Kent; the King County Council, the Pierce County Council, the City of Auburn and the City of Kent will adopt this Plan by reference as part of each jurisdiction's respective comprehensive plan. To enable the collection of impact fees in the Cities of Algona and Pacific, these municipalities must also adopt this Plan and adopt school impact fee ordinances Pursuant to the requirements of the Growth Management Act, the Plan will be updated 1 on an annual basis, and any changes in the fee schedule(s)adjusted accordingly. The Plan establishes the District's "standard of service" in order to ascertain the District's current and future capacity. While the State Superintendent of Public Instruction establishes square footage guidelines for capacity, those guidelines do not account for the local program needs of the District. The Growth Management Act and the school impact fee ordinance authorize the District to define its standard of service based on the District's specific needs. In general, the District's current standard provides that class size for grades K-2 should not exceed 25 students; class size for grades 3-4 should not exceed 27 students; class size for grade 5 should not exceed 30 students. When averaged over the six elementary grades, this computes to 26.5 students per classroom. Class size for grades 6-12 should not exceed 30 students, with some subject areas restricted to lesser numbers. (See Section III for more specific information.) The capacity of the schools in the District is calculated based on this standard of service and the existing inventory of facilities including transitional classrooms. The District's 2003-04 capacity was 12,883 whereas Full Time Equivalent ("FTE") enrollment for this same period was 13,020.64. The actual number of individual students was 13,702 as of 2 i October 1, 2003. This is a 275 student increase from 2002-03. (See Section V for more specific information.) The capital construction plan shown in Section VI addresses the additions to the District's existing facilities currently underway and provides for a new high school approved by the voters in February 2003. The addition of two new elementary schools and the acquisition of a new middle school site are needed to accommodate growth. The new facilities are required to meet the projected student population increase to be generated from the large development areas within the Auburn School District. Two areas that have significant impact on the school district are the Lakeland South and the Lea Hill areas of the district. There are other pockets of development that impact the District as well. The Pierce County area includes most of the Lakeland South development and some adjacent undeveloped properties. The City of Kent has an area of approximately 158 acres that was recently sold to developers. The School Impact Fee Ordinances adopted by King County, Pierce County, the City of j Auburn and City of Kent provide for the assessment of impact fees to assist in meeting some of the fiscal impact incurred by a District experiencing growth and development. Section VII sets forth the proposed school impact fees for single family and multi-family dwelling units. The student generation factors have been generated using the students who actually attend school in the Auburn School District from single family and multi- family developments constructed in the last five years. The method of collecting the data is with the use the GIS mapping software, data from King County and Pierce County GIS, and to integrate the mapping with student data from the District data system This method gives the District actual student generation numbers for each grade span for identified developments. This data is contained in Appendix A 3. i i 3 j Aubum School District No 408 CAPITAL FACILITIES PLAN 2M through 2010 EXECUTIVE SUMMARY CAPITAL FACILITIES PLAN CHANGES FROM 2003 TO 2004 Listed below is a summary level outline of the changes from the 2003 Capital Facilities Plan that are a part of the 2004 Plan. The changes are noted by Section for ease of reference Section I Executive Summary Updated to reflect new information within the Plan. Summary level list of changes from previous year. Section II Enrollment Projections Updated projections See Appendices A.1 &A.2 Section III Standard of Service A Increase in English as a Second Language program required 1 additional classroom at the elementary level B. Increase of 4 Special Education Rooms at the elementary school level C. Increase of 1 early childhood special education classroom Section IV Inventory of Facilities Updated to reflect addition of 2 relocatable units at Ilalko Elementary School Section V Pupil Capacity Updated to reflect addition of 2 relocatable units at Ilalko Elementary School. ection VI Capital Construction Plan A. Planning for Elementary#13 project has started. B. Planning for Elementary#14 project moved up and will begin in 2004 C. Updates cost estimate based on current data. D Planning and construction for Middle School#5 moves into the 6 year window. 31 Auburn School Disinct No 408 CAPITAL FACILITIES PLAN 2004 through 2010 EXECUTIVE SUMMARY Section VII Impact Fees CHANGES TO IMPACT FEE DATA ELEMENTS 2003 to 2004 CPF CPF DATA ELEMENTS 2003 2004 EXPLANATION Student Generation Factors Single Family Consistent with King County Ordinance 11621, Elementary 03269 0.2964 Student Generation Factors are calculated Mid School 0.1621 0.1353 by the school district based on district Sr. High 0.1860 0.1503 records of average actual student generation Multi-Family — - rates for new developments constructed Elementary 0.0901 0.0846 over the last five years. Mid School 0.0221 0.0455 Sr. High 0.0510 0.0533 New Facility Cost Elementary#14 $0 $15,600,000 1 Elementary cost estimates from Architects recent project experience and OSPI facility records. Feb-04 Middle School #5 $0 $30,000,000 2 Middle School cost estimate from recent project experience and OSPI facility records. Boeckh Index $114 88 $129.81 Updated to projected SPI schedule.(G. Beck) Match %- State 55.88% 54.19% Updated to current SPI schedule Match %-District 44.12% 45.81% Computed District Average AV Single Family $195,869 $206,623 Updated from February 2004 King County Dept of Assessments data. Multi-Family $51,516 $52,994 Updated from February 2004 King County Dept of Assessments data using weighted average Debt Serv,Tax Rate $2.09 $2.18 Current Fiscal Year GO Bond Int Rate 4.74% 4.35% Current Rate(Bond Buyers 201ndex 3-04) Section Vlll Appendices Appendix A.1 -Updated enrollment projections from October 1, 2003 Appendix A.2- Updates enrollment projections with anticipated buildout schedule. Appendix A.3-Student Generation Survey 32 1 t Auburn School District No. 408 Capital Facilities Plan 2004 through 2010 Section II j Enrollment Projections 1 Auburn School Distnct No 408 CAPITAL FACILITIES PLAN 2004through 2010 ENROLLMENT PROJECTIONS The Auburn School District uses a modified cohort survival model to project future enrollment for all of the Dlstnct's operations Table 11.1 is an extract from the comprehensive projection model found in Appendix A.2 titled "CAPITAL FACILITIES PLAN Enrollment Projections". This Table shows the anticipated enrollment for the next six years based on the previous 13 year history of the District under the assumptions set forth in the comprehensive projections, Appendix A.1, and the projection for additional students generated from the Lakeland South and Lea HIII areas as shown in Appendix A.2. TABLE ASD ENROLLMENT 11.1 PROJECTIONS Oct 2003 ACTUAL PROJ PROJ PROJ PROD PROJ PROJ GRADE 2003-2004 2004-2005 2005-2006 2006-2007 2007-2008 2008-2009 2009-2010 KDG 922 966 994 1018 1039 1051 1056 1 982 1020 1050 1076 1098 1111 1117 2 909 1037 1059 1085 1108 1120 1126 3 996 972 1084 1101 1125 1137 1 143 4 947 1045 1005 1112 1127 1140 1146 5 1018 1001 1082 1036 1140 1144 1150 i K-5 5774 6041 6274 6427 6636 6703 6738 ! 6 1111 1075 1039 1115 1066 1158 1155 7 1131 1183 1129 1088 1160 1101 1186 8 1052 1179 1214 1154 1110 1172 1105 6-8 3294 3437 1 3382 3357 1 3337 3431 3447 9 1473 1353 1471 1508 1453 1401 1457 10 1249 1469 1323 1431 1461 1391 1330 11 1010 1221 1419 1264 1367 1384 1305 12 902 947 1136 1324 1164 1254 1263 9- 12 4634 4990 5349 5527 5444 5430 5355 TOTALS 13702 14468 15005 15311 15417 15563 15539 GRADES K-12 00/01 01/02 02/03 03/04 04/05 05/06 06/07 K-5 w/K @ 1/2 5313 5558 5777 5918 6117 6177 6210 6-8 3294 3437 3382 3357 3337 3431 3447 9-12 4634 4990 5349 5527 5444 5430 5355 K-12 w/K @ 1/2 13241 13985 14508 14802 14897 15038 16011 5 i T Auburn School District No. 408 j Capital Facilities Plan 2004 through 2010 Section III Standard of Service I j 1 f i 1 Aubum School District No 408 CAPITAL FACILITIES PLAN 2004through 2010 STANDARD OF SERVICE i The School Impact Fee Ordinances adopted by King County, Pierce County, the City of Auburn and the City of Kent indicate that each school district must establish a "Standard of Service"in order to ascertain the overall capacity to house its projected student population. The Superintendent of Public Instruction establishes square footage "capacity"guidelines for computing state funding support. The fundamental purpose of the SPI guidelines is to provide a vehicle to equitably distribute state matching funds for school construction projects. By default these guidelines have been used to benchmark the district's capacity to house its student population. The SPI guidelines do not make adequate provision for local district program needs, facility configurations, emerging educational reform, or the dynamics of each student's educational program. The Auburn School District Standard of Service addresses those local considerations that require space in excess of the SPI guidelines The effect on the space requirements for both permanent and relocatable facilities is shown below for each grade articulation pattern. Conditions that may result in potential space needs are provided for information purposes without accompanying computations OVERVIEW The Auburn School District operates twelve elementary schools housing 5,774 students in grades K through 5 The 922 Kindergarten students attend 112 days throughout the year Grades 1 through 5 attend on a full day basis When converted to a full time equivalence the K- 5 enrollment is 5,313. Four middle schools house 3,294 students in grades 6 through S. The District operates two comprehensive senior high schools and one alternative high school housing 4,634 students in grades 9 through 12. CLASS SIZE i The number of pupils per classroom determines the number of classrooms required to house the student population Class sizes are subject to collective bargaining. Changes to class size agreements can have significant impact on available space i The current pupilAeacher limit across all elementary programs is an average of 26.5 students per i teacher. Consistent with this staffing limit, room capacities are set at 26.5 students per room at grades i K-5. At grades 6- 12 the limit is set at 30 pupils per room. The SPI space allocation for each grade ■ articulation level, less the computed reduction for the Auburn School District Standard of Service, determines the District's capacity to house projected pupil populations These reductions are shown below by grade articulation level. ELEMENTARY SCHOOLS STRUCTURED LEARNING AND BEHAVIOR AND DEVELOPMENTAL DISABLED SPECIAL EDUCATION The Auburn School Distnct operates a structured learning program for students with moderate disabilities at the elementary school level which currently uses nine classrooms to provide for 80 students. The housing requirements for this program are provided for in the SPI space guidelines. No loss of capacity is expected unless population with disabilities grows at a disproportionate rate compared to total elementary population. 7 jAubum School District No 408 CAPITAL FACILITIES PLAN 2004 through 2010 STANDARD OF SERVICE SPECIAL EDUCATION RESOURCE ROOMS The Auburn School District operates a resource room program at the elementary level for I special education students requiring instruction to address their specific disabilities. Seventeen standard classrooms are required to house this program.The housing requirements for this program exceed the SPI space guidelines by ten standard classrooms. The loss of capacity is expected as growth in program is larger than the total elementary population. Loss of Permanent Capacity 10 rooms @ 26.5 each= (265) Loss of Temporary Capacity 0 rooms @ 26.5 each= 0 Total Capacity Loss (265) NATIVE AMERICAN RESOURCE ROOM The Auburn School District operates one resource room to support the education of Native American students at the elementary level One standard classroom is fully dedicated to serve these students. Loss of Permanent Capacity 1 room @ 26.5 each= (27) Loss of Temporary Capacity 0 rooms @ 26 5 each = 0 Total Capacity Loss (27) HEAD START The Auburn School District operates a Head Start program for approximately 118 youngsters in six sections of 1/2 day in length. The program is housed at Evergreen Heights Elementary School and utilizes three standard elementary classrooms and auxiliary office space. The housing requirements for this program are not provided for in the SPI space guidelines Loss of Permanent Capacity 3 rooms @ 26.5 each= (80) Loss of Temporary Capacity 0 rooms @ 26.5 each= 0 Total Capacity Loss (80) EARLY CHILDHOOD SPECIAL EDUCATION The Auburn School District operates a pre-school program young children with disabilities below age five. This program is housed at nine different elementary schools and currently uses nine standard classrooms. The housing requirements for this program are not provided for in the SPI space guidelines Loss of Permanent Capacity 9 rooms @ 26.5 each= (239) Loss of Temporary Capacity 0 rooms @ 26.5 each= 0 Total Capacity Loss (239) 8 Aubum School Distnct No 408 CAPITAL FACILITIES PLAN 2004 through 2010 STANDARD OF SERVICE READING LABS The Auburn School District operates a program for students needing remediation and additional language arts instruction. These programs utilize non-standard classroom spaces if available in each elementary school. Four elementary schools do not have non-standard rooms available,thus they are housed in a standard classroom. The housing requirements for this program are not provided for in the SPI space guidelines. Loss of Permanent Capacity 4 rooms @ 26.5 each= (106) Loss of Temporary Capacity 0 rooms @ 26.5 each= 0 Total Capacity Loss (106) MUSIC ROOMS The district elementary music programs require one acoustically modified classroom at each elementary school for music instruction. The housing requirements are not provided for in the SPI space guidelines. Loss of Permanent Capacity 12 rooms @ 26 5 each= (318) Loss of Temporary Capacity 0 rooms @ 26.5 each= 0 Total Capacity Loss (318) ENGLISH AS A SECOND LANGUAGE PROGRAM The Auburn School District operates a pullout program at the elementary school level for students learning English as a second language. This program requires twelve standard classrooms that are not provided for in the SPI space guidelines. Loss of Permanent Capacity 12 rooms @ 26 5 each= (318) Loss of Temporary Capacity 0 rooms @ 26.5 each= 0 Total Capacity Loss (318) SECOND GRADE TOSA PROGRAM The Auburn School District provides a TOSA reading specialist program for eight highly impacted elementary schools. This pullout model provides direct instruction to students who are not at grade level and do not receive other services. This program requires eight standard classrooms that are not provided for in the SPI space guidelines. j Loss of Permanent Capacity 8 rooms @ 26.5 each= (212) Loss of Temporary Capacity 0 rooms @ 26.5 each= 0 Total Capacity Loss (212) ELEMENTARY LEARNING SPECIALIST PROGRAM The Auburn School District provides a leaming specialist program to increase literacy skills for first and second graders This program model has been created from the 1-728 funds and currently has the specialist going into existing teacher classrooms, as well as pulling out students into designated classrooms. The district is utilizing classrooms at eight of the twelve elementary schools. Loss of Permanent Capacity 8 rooms @ 26.5 each = (212) Loss of Temporary Capacity 0 rooms @ 26 5 each= 0 Total Capacity Loss (212) g jAuburn School District No 408 CAPITAL FACILITIES PLAN 2004through 2010 STANDARD OF SERVICE MIDDLE SCHOOLS STRUCTURED LEARNING CENTER AND DEVELOPMENTALLY DISABLED SPECIAL EDUCATION The Auburn School District operates two structured learning classrooms at the middle school level for students with moderate disabilities. One developmentally disabled classroom for students with profound disabilities. The housing requirements for this program are provided in the SPI space allocations. ACCESS SPECIAL EDUCATION The Auburn School District provides a transition program for students with behavioral disorders The program is housed at one of the middle schools and uses one classroom. The housing requirements for this program are provided in the SPI space allocations SPECIAL EDUCATION RESOURCE ROOMS The Auburn School District operates a resource room program for each grade at the middle school level. This is to accommodate special education students needing remedial Instruction to address their specific disabilities. Three classrooms per school (twelve total) are required to provide for approximately 300 students. The housing requirements for this program are not entirely provided for in the SPI space guidelines. MIDDLE SCHOOL COMPUTER LABS The Auburn School District operates a minimum of one computer lab at each middle school This program utilizes a standard classroom per middle school The housing requirements for this program are not provided for in the SPI space guidelines, Loss of Permanent Capacity 4 rooms @ 30 each= (120) Loss of Temporary Capacity 0 rooms @ 30 each= 0 Total Capacity Loss (120) ENGLISH AS A SECOND LANGUAGE The Auburn School District operates a pullout program at the middle school level for students learning English as a second language. This program requires four standard classrooms that are not provided for in the SPI space guidelines. Loss of Permanent Capacity 4 rooms @ 30 each= (120) Loss of Temporary Capacity 0 rooms @ 30 each= 0 ITotal Capacity Loss (120) ROOM UTILIZATION The Auburn School District provides a comprehensive middle school program that includes elective options in special interest areas. Facilities to accommodate special interest activities are not amenable to standard classroom usage. The district averages 95% utilization of all available teaching stations, SPI Report#3 dated 10/27/03 identifies 151 teaching stations available in the mid-level facilities. The utilization pattern results in a loss of approximately 8 teaching stations. Loss of Permanent Capacity 8 rooms @ 30 each= (240) Loss of Temporary Capacity 0 rooms @ 30 each= 0 Total Capacity Loss (240) r 10 Aubum School District No 408 CAPITAL FACILITIES PLAN 2004 through 2010 STANDARD OF SERVICE SENIOR HIGH SCHOOLS i SENIOR HIGH COMPUTER LABS The Aubum School District operates two computer labs at each of the senior high schools.This program utilizes two standard classrooms at comprehensive high schools and one at West Aubum. The housing requirements for this program are not provided for in the SPI space guidelines. Loss of Permanent Capacity 5 rooms @ 30 each= (150) Loss of Temporary Capacity 0 rooms @ 30 each = 0 Total Capacity Loss (150) ENGLISH AS A SECOND LANGUAGE The Aubum School District operates a pullout program at both comprehensive high schools for students learning English as a second language. This program requires four standard classrooms that are not provided for in the SPI space guidelines. Loss of Permanent Capacity 4 rooms @ 30 each = (120) Loss of Temporary Capacity 0 rooms @ 30 each = 0 Total Capacity Loss (120) STRUCTURED LEARNING CENTER PROGRAM The Aubum School District operates three structured learning center classrooms for 40 students with moderate to severe disabilities The housing requirements for this program are provided in the SPI space guidelines. SPECIAL EDUCATION RESOURCE ROOMS The Auburn School District operates a resource room program at the senior high level for special education students requiring instruction to address their specific learning disabilities. The current senior high school program requires fifteen classrooms to provide for approximately 400 students The SPI space guidelines provide for one of the thirteen teaching stations. Loss of Permanent Capacity 14 rooms @ 30 each= (420) Loss of Temporary Capacity 0 rooms @ 30 each = 0 Total Capacity Loss (420) PERFORMING ARTS CENTERS Aubum High School includes 25,000 square feet used exclusively for a Performing Arts Center.The SPI Inventory includes this space when computing unhoused student capacity. This space was not intended for nor is it usable for classroom instruction. It was constructed to provide a community center for the performing arts. Using SPI capacity guidelines, 25,000 square feet computes to 208 unhoused students or 8 33 classrooms. Loss of Permanent Capacity 8.33 rooms @ 30 each= (250) tt IAuburn School District No 408 CAPITAL FACILITIES PLAN 2004through 2010 STANDARD OF SERVICE ROOM UTILIZATION The Auburn School District provides a comprehensive high school program that includes numerous elective options in special interest areas. Facilities to accommodate special interest activities are j not amenable to standard classroom usage. The district averages 90% utilization of all available teaching stations. SPI Report#3 dated 10/27/03 identifies 148 teaching stations available in the senior high facilities. The utilization pattern results in a loss of approximately 15 teaching stations jLoss of Permanent Capacity 15 rooms @ 30 each= (450) Loss of Temporary Capacity 0 rooms @ 30 each = 0 Total Capacity Loss (450) STANDARD OF SERVICE COMPUTED TOTALS -- €LE-MENTARY- - - Loss of Permanent Capacity= (1,776) Loss of Temporary Capacity 0 Total Capacity Loss (1,776) MIDDLE SCHOOL Loss of Permanent Capacity= (480) Loss of Temporary Capacity 0 Total Capacity Loss (480) SENIOR HIGH Loss of Permanent Capacity= (1,390) Loss of Temporary Capacity 0 Total Capacity Loss (1,390) TOTAL Loss of Permanent Capacity= (3,645) Loss of Temporary Capacity 0 Total Capacity Loss (3,645) t 12 Auburn School District No. 408 Capital-Facilities Plan 2004 through 2010 Section IV Inventory of Facilities i Aubum School Distnct No.408 CAPITAL FACILITIES PLAN 2004through 2010 INVENTORY OF FACILITIES Table IV.1 shows the current inventory of permanent district facilities and their OPSI rated capacities. Table IV.2 shows the number and location of each portable unit by school. The district uses relocatable facilities to: 1. provide interim housing in school attendance areas uniquely impacted by increasing school populations that would otherwise require continual redistricting. 2. make space available for changing program requirements and offerings determined by unique student needs, and 3. provide housing to cover district needs until permanent facilities can be financed and constructed. Relocatable facilities are deemed to be interim, stop gap measures that often place undesirable stress on existing physical plants. Core facilities, (i.e. gymnasiums,restrooms,kitchens,labs, lockers, libraries,etc.)are not of sufficient size or quantity to handle the increased school population serve by adding relocatable classrooms. Table Permanent Facilities District School Facilities IVA @ OSPI Rate Capacity (October 2003) Building Capacity Acres Address Elementary Schools Washington 553 540 20 E Street Northeast,Auburn WA,98002 Terminal Park 450 670 1101 D Street Southeast, Aubum WA,98002 Dick Scobee 618 1050 1031 14th Street Northeast,Aubum WA,98002 Pioneer 467 8.30 2301 M Street Southeast,Auburn WA,98002 Chinook 543 875 3502 Aubum Way South,Auburn WA,98092 Lea Hill 516 1000 30908 124th Avenue Southeast,Auburn WA,98092 Gildo Rey 596 1000 1 1005 37th Street Southeast,Aubum WA,98002 Evergreen Heights 512 809 5602 South 316th,Auburn WA,98001 AI ac 554 1060 310 Milwaukee Boulevard North,Pacific WA,98047 Lake View 667 1640 16401 Southeast 318th Street,Aubum WA,98092 Hazelwood 648 1267 11815 Southeast 304th Street,Aubum WA,98092 Ilalko 657 1200 301 Oravetz Place Southeast,Auburn WA,98092 ELEM CAPACITY 6,781 Middle Schools Cascade 902 17.30 1 1015 24th Street Northeast, Aubum WA,98002 Olympic 970 17.40 1825 K Street Southeast,Auburn WA,98002 Rainier 916 26.33 30620 116th Avenue Southeast,Auburn WA,98092 Mt Baker 913 30.88 620 37th Street Southeast, Auburn WA,98002 MS CAPACITY 3,741 Senior High Schools West Aubum 250 5.10 401 West Main Street, Auburn WA,98001 Aubum Senior High 2,485 18.60 800 Fourth Street Northeast,Auburn WA,98002 Aubum Riverside SH 1,503 33.00 501 Oravetz Road,Auburn WA,98092 SH CAPACITY 4,238 TOTAL CAPACITY 1 14,760 14 Auburn School District No 408 CAPITAL FACILITIES PLAN 2004 through 2010 INVENTORY OF FACILITIES TABLE I TEMPORARYIRELOCATABLE IV.2 FACILITIES INVENTORY March 2004 Elementary Location 2003-04 2004-05 2005-06 2006-07 2007-08 2008-09 2009-10 Washington 0 0 0 0 0 0 0 Terminal Park 2 2 2 2 2 2 2 Dick Scobee 3 3 3 3 3 3 3 Pioneer 3 3 3 3 3 3 3 Chinook 5 5 5 5 5 5 5 Lea Hill 2 2 4 6 6 6 6 Gildo Rey 6 6 6 6 6 6 6 Ever Heights 0 0 0 0 0 0 0 Alpac 2 2 2 2 2 2 2 Lake View 2 2 2 2 2 2 2 Hazelwood 0 0 2 2 2 2 2 ilalko 3 1 5 1 5 1 5 1 5 5 5 TOTAL UNITS 28 30 34 36 36 36 36 TOTAL CAPACITY t 742 795 901 954 954 954 954 Middle School Location 2003-04 2004-05 2005-06 2006-07 2007-08 2008-09 2009-10 Cascade 0 0 0 0 0 0 0 Olympic 0 0 2 2 4 4 4 Rainier 5 5 7 7 7 7 7 Mt Baker 2 2 4 7 7 7 7 TOTAL UNITS 7 7 13 16 18 18 18 TOTAL CAPACITY 210 210 390 480 540 540 540 Sr High School Location 2003-04 2004-05 2005-06 2006-07 2007-08 2008-09 2009-10 West Auburn 0 0 0 0 0 0 0 Auburn 12 12 12 12 8 8 8 Auburn Riverside 15 15 12 12 8 8 8 TOTAL UNITS 27 27 24 24 16 16 16 TOTAL CAPACITY 810 610 720 720 480 480 480 COMBINED TOTAL UNITS 62 64 71 76 70 70 70 COMBINED TOTAL CAPACITY 1,762 1,815 2,011 2,154 1,974 1,974 1,974 1 15 i Auburn School District No. 408 Capital Facilities Plan 2004 through 2010 Section V Pupil Capacity Auburn School District No 408 CAPITAL FACILITIES PLAN 2004through 2010 PUPIL CAPACITY While the Auburn School District uses the SPI inventory of permanent facilities as the data from which to determine space needs,the District's educational program requires more space than that provided for under the formula. This additional square footage Is converted to numbers of pupils in Section 111, Standard of Service. The District's capacity is adjusted to reflect the need for additional space to house its programs. Changes in the capacity of the district recognize new unfunded facilities and the elimination of the facility that formerly housed the Alternative Jr. High. The combined effect of these adjustments is shown on Line B in Tables VA and V.2 below. Table VA shows the Distict's capacity with relocatable units included and Table V.2 without these units. Table VA Capacity WITH relocatables 2003-04 2004-05 2005-06 2006-07 2007-08 2008M 2009-10 A SPI Capacity 14,760 14,760 14,760 16,260 16,910 17,560 17,560 1/ A.1 SPI Capacity-New Elem 650 650 1/ A 2 SPI Capacity-New MS 800 A 3 SPI Capacity-New Sr. High 1,500 B. Capacity Adjustments (1,923) (1,870) (1,674) (1,641) (1,821 (1,821) (1,821 C. Net Capacity 12,837 12,890 14,586 15,269 15,739 15,739 16,539 D. ASD Enrollment 13,702 14,468 15,005 15,311 15,417 15,563 15,539 3/ E. ASD Surplus/Deficit (865) (1,578) (419) (42) 322 176 1,000 CAPACITY ADJUSTMENTS Exclude Alt JH (40) (40) (40) (40) (40) (40) (40) Include Relocatable 1,762 1,815 2,011 2,154 1,974 1,974 1,974 21 Exclude SOS( 12) (3,645) (3,645) (3,645) (3,755) (3,755) (3,755) (3,755) Total Adjustments (1,923) (1,870) (1,674) (1,641) (1,821) (1,821) (1,821) Table V.2 Capacity WITHOUT relocatables 2003-04 2004-05 2005-06 2006-07 2007-08 2008-09 2009-10 A. SPI Capacity 14,760 14,760 14,760 16,260 16,910 17,560 17,560 1/ A 1 SPI Capacity-New Elem 650 650 1/ A.2 SPI Capacity-New MS 8W A 3 SPI Capacity-New Sr High 1,500 B. Capacity Adjustments (3,685) (3,685) (3,685) (3,795) (3,795 (3,795) (3,795 C. Net Capacity 11,075 11,075 12,575 13,115 13,765 13,765 14,565 D. ASD Enrollment 13,702 14.468 15,005 15,311 15,417 15,563 15,539 E. ASD Surplus/Deficit (2,627) (3,393) (2,430) (2,196) (1,652) (1,798) (974) CAPACITY ADJUSTMENTS Exclude Aft JH (40) (40) (40) (40) (40) (40) (40) 2/ Exclude SOS(pg 12) (3,645) (3,645) (3,645) 3,755) (3,755) (3,755 (3,755 Total Adjustments (3,685) (3,685) (3,685) (3,795) (3,795) (3,795) (3,795) 1/ New facilities shown in 2006-07, 2007-08, 2009-10 are not funded under the current Capital Faalibes Plan 2/ The Standard of Service represents 24 95%of SPI capacity. When new facilities are added the Standard of Service computations are decreased to 22 44%of SPI capacity. 3/ Students beyond the capacity are accomodated in non-classroom spaces(commons,library, theater) as well as rented space 17 i Auburn School District No. 408 Capital Facilities Plan 2004 through 2010 i t Section VI Capital Construction Plan t t Aubum School District No 408 CAPITAL FACILITIES PLAN 2004 through 2010 CAPITAL CONSTRUCTION PLAN The formal process used by the Board to address current and future facility needs began in 1974 with the formation of a community wide citizens committee. The result of this committee's work was published in the document titled 'Guidelines for Development.' In 1985 the Board formed a second Ad Hoc citizens committee to pick up from the work of the first and address the needs of the District for subsequent years. The work of this committee was published in the document titled 'Directions for the Nineties.' In 1995 the Board commissioned a third Ad Hoc citizens committee to make recommendations for improvements to the District's programs and physical facilities. The committee recommendations are published in the document titled 'Education Into The Twenty-First Century--A Community Involved.' The 1995 Ad Hoc committee recommended the District develop plans for the implementation,funding, and deployment of technology throughout the District's programs. The 1996 Bond proposition provided funding to enhance the capacity of each facility to accommodate technological applications. The 1998 Capital Levy provided funding to further deploy technology at a level sufficient to support program requirements in every classroom and department. In addition to the technology needs of the District the Ad Hoc committee recognized the District must prepare for continued student enrollment growth As stated in their report, "the District must pursue an appropriate high school site as soon as possible." The Ad Hoc recommendation included commentary that the financing should be timed to maintain consistent rates of assessment A proposition was approved by the voters on April 28, 1998 that is providing $8,000,000 over six years to address some of the technology needs of the District, and $5,000,000 to provide funds to acquire school sites. During the 1997-98 school year a Joint District Citizen's Ad Hoc Committee was appointed by the Auburn and Diennger School Boards to make recommendations on how best to serve the school population that will come from an area that includes a large development known as Lakeland South. Lakeland South is immediately adjacent to the southern boundary of the Auburn School District. On June 16, 1998 the Ad Hoc Committee presented its recommendation at a joint meeting of the Auburn and Diennger Boards of Directors. On June 22, 1998 the Auburn School Board adopted Resolution No 933 authorizing the process to initiate the adjustment of the boundaries of the District in accordance with the Ad Hoc Committee's recommendation. On June 23, 1998 the Diennger School Board adopted a companion Resolution No. 24-97-98 authorizing the process to initiate the adjustment of the boundaries in accordance wrath the Ad Hoc Committee's recommendation. These actions resulted in the transfer of an area from Diennger to Auburn containing most of the Lakeland South development and certain other undeveloped properties Development in this area is progressing at an aggressive rate. In April of 2002,the Board formed a fifth citizen's Ad Hoc committee to address the following two items and make recommendations to the board in the fall of 2002: a. A review of the conclusion and recommendations of 1985 and 1995 Ad Hoc Committees related to accommodating high school enrollment growth. This includes the review of possible financing plans for new facilities. b. Develop recommendations for accommodating high school enrollment growth for the next 10 years if a new senior high school is not built. This committee recommended the board place the high school on the ballot for the fifth time in February 2003. The February election approved the new high school at 68,71% yes votes The school is currently under construction and will open in the Fall of 2005. 19 i Aubum School District No 408 CAPITAL FACILITIES PLAN 2004 through 2010 CAPITAL CONSTRUCTION PLAN The District is projecting an additional 1881 students within the sic year period including the Lakeland and Lea Hill areas. This increase in student population will require the construction of two new elementary schools, and the acquisition of a new middle school site and construction of a middle school during the six year window. In the Fall of 2003 the school board directed the administration to begin the planning and design for Elementary#13 and Elementary#14. Based upon the District's capacity data and enrollment projections, as well as the student generation data Included in Appendix A.3, the District has determined that approximately eighty-one percent of the capacity Improvements are necessary to serve the students generated from new development,with the remaining additional capacity required to address existing need. The table below illustrates the current capital construction plan for the next six years The exact timelines are wholly dependent on the rate of growth in the school age population. 2003-10 Capital Construction Plan March 2004 Funded Projected Fund Project Timelines Project as of Cost Source Mar-04 03-04 04-05 05-06 06-07 07-08 08-09 09-10 All Facilities- 1998 Technology Yes $8,000,000 6 Year XX XX Modernization Cap Lev Impact Portables Yes $700,000 Fees XX XX XX 1/ Property Purchase New Middle No $5,000,000 XX School 1/ Elementary#13 No $15,600,000 XX XX XX XX an const const open i 1/ Elementary#14 No $15,600,000 XX XX XX XX plan const const open 1/ Middle School#5 No $30,000,000 XX XX XX XX plan const const open Bond 1/ New Sr. High Yes $58,500,000 Impact XX XX XX Fees const const o en 1! These funds may be secured through local bond issues, sale of real property, impact fees, and state matching funds. The District currently is not eligible for state assistance at the elementary school level. 20 J� Auburn School District No. 408 t Capital Facilities Plan 2004 through 2010 Section VII Impact Fees N E r� «� amo � s a E pp Eon � No a m O m 0 OI A m �9 N m 0 0 Op b 0 0 0 0 O LL Oo CO pO OD O LL 10 V p ♦„ O V- mm o oo pppp O LL 10 pp O) .�. U = Yi N EN N U a 00 m 0 rp U a M W 69 �q U 9 1� N V �y Go ci T T T T a mo � oro a mei � � d a E000 �' a Cl o � A o pp N p o N o W Ln a o 0 0 0 ram', o o m U f9 (O f9 y U c w U C P� f`� U c �O N CryO IA U 1W9 a N U_ Os00v !I! N �6 O Ifi W m N M m 7 M 7 t��1 7 0 LL co < 1ff LL w L 0 0 0 D 0 0 0 F 0 0 0 L O 0 0 j 0 00 LLp QLL LL LL "L t6 L 0 E E pp ELL LL U. pv�pp�� r� ffi E rl t�i o E e M co S gQvp. 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C � � 64 ID 1 l a O i Nm�O Q U N f� 00 l7 0 7 A Uf O co ID O N m Ln O V) Co to r u tz N w w N w $ C v O Ua E 8 8 4 a' m ? a LL N N M 2 a lh p E o 3 LU (a0 L w m cnR LL � R Y U LL O p dOu OH a N O a E v m E d1 '0c v N orc 7 m a W ° w 1p '� m aW 'O 3 L U N CC 8 8 m iq llpp ¢ W N U s p C .�- c LL LL w 7 a p P } m (!1 ELLm w L (0)O� lA m N O V V o o o E In u) FFFFwFF O �w I OD NNw No� w F. U U b ev .0 z W N 1nd a a a a EE IL m Ip E ns mt0 (n Q co W d' ¢ 00 N tD co a F LL LL li U LL ... U U + G 41 w w d r m wo a U o S' � 0 � v � t a � 4 5 1 € *0 LL T E m g g g a LL c ro O a v a m o $ m LT o ow N N !4 r) i cL 2E 2R n € U u a a J y LL LL a a ¢ U a Y L L m 8 a S oaF a 'w m H u ❑ m (nzz F- W U) CLF ZIR Nm L/1 Auburn School District No. 408 Capital Facilities Plan 2004 through 2010 Section Vill Appendix Appendix A.1 - Student Enrollment Projections Appendix A.2 - CAPITAL FACILITIES PLAN Enrollment Projections Appendix A.3 - Student Generation Survey Appendix A.1 - Student Enrollment Projections 1 Auburn School District #408 Student Enrollment Projections October 2003 Introduction - The projective techniques give some consideration to historical and current data as a basis for forecasting the future. In addition,the `projector' must make certain assumptions about the operant variables within the data being used. These assumptions are"judgmental"by definition. Forecasting can be defined as the extrapolation or logical extension from history to the future, or from the known to the unknown. The attached tabular data reviews the history of student enrollment, sets out some quantitative assumptions, and provides projections based on these numerical factors. The projection logic does not attempt to weigh the individual sociological,psychological, economic, and political factors that are present in any demographic analysis and projection. The logic embraces the assumptions that whatever these individual factors have been in the past are present today, and will be in the future. It further moderates the impact of singular factors by averaging data over thirteen years and six years respectively. The results provide a trend, which reflects a long(13-year) and a short(6-year)base from which to extrapolate. Two methods of estimating the number of kindergarten students have been used. The first uses the average increase over the past 13 and 6-year time frame and adds it to each succeeding year The second derives what the average percentage Auburn kindergartners have been of the live births in King County for the past 5 years and uses this to project the subsequent four years. The degree to which the actuals deviate from the projections can only be measured after the fact. This deviation provides a point of departure to evaluate the effectiveness of the assumptions and logic being used to calculate future projections. Monitoring deviation is critical to the viability and credibility of the projections derived by these techniques. Tables Table 1 - Thirteen Year History of October 1 Enrollments-page 3 The data shown in this table is the baseline information used to project future enrollment. This data shows the past record of enrollment in the district on October 1 of each year. Table 2-Historical Factors Used in Projections - page 4 This table shows the three basic factors derived from the data in Table 1. These factors have been used in the subsequent projections. The three factors are: 1. Factor 1 -Average Pupil Change Between Grade Levels This factor is sometimes referred to as the"holding power" or"cohort survival." It is a measure of the number of pupils gained or lost as they move from one grade level to the next. 1 i 2. Factor 2 -Average Pupil Change by Grade Level This factor is the average change at each grade level over the 13 or 6-year period. 3. Factor 3—Auburn School District Kindergarten Enrollment as a Function of King County Live Births. This factor calculates what percent each kindergarten class was of the King County live births in the 5 previous years. From this information has been extrapolated the kindergarten pupils expected for the next 4 years. Table 3 —Projection Models—pages 5-13 This set of tables utilizes the above mentioned variables and generates several projections. The models are explained briefly below. ❑ Table 3.13 (pg 5)—shows a projection based on the 13-year average gain in kindergarten (Factor 2) and the 13-year average change between grade levels (Factor 1). The data is shown for the district as a whole. ❑ Table 3.6 (pg 5)—shows a projection using the same scheme as Table 3.13 except it shortens the historical to only the most recent 6 years. ❑ Table 3.13A and 3.6A (pg 6)—uses the same factors above except Factor 3 is substituted for Factor 2. The kindergarten rates are derived from the King County live births instead of the average gain. ❑ Tables 3E.13, 3E.6, 3E.13A, 3E.6A (pg 7)—breaks out the K-5 grades from the district projection. Summary level data is provided for percentage gain and pupil gain by grade articulation. ❑ Tables 3M.13, 3M.6, 3M.13A, 3M.6A (pg 8)—breaks out the 6-8 grades from the district projection. Summary level data is provided for percentage gain and pupil gain by grade articulation. ❑ Tables 3SH.13, 3SH.6, 3SH.13A, 3SH.6A(pg 9)—breaks out the 9-12 grades from the district projection. Summary level data is provided for percentage gain and pupil gain by grade articulation. ❑ Table 4 (pg 10)—Collects the four projection models by grade group for ease of comparison. ❑ Table 5 (pgs 11-13)—shows how well each projection model performed when compared with actual enrollments. 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O aR r 0 r 0 Q O Vl m O 0 0 p W CP J W W R M CD v p N �^N, N rn p a loo rn p ^ m M O } } rn ^ ^ � M to m r r F, M M Q W m e m i. 0 n m 0 of n o m o m N m N g a COD o n m m m rn m v v v LO m m Z V M M Fu OD 0 m m iO `o n n n n n o ^ w ,m m F N N N N N F N N N N N F r ^ ^ T �- p a` o. a` a H j5 2R 52 n o �i � 2g v v°Q v 0 a` tS M N M N ae 25 0) 0 o co f. ^ ^ o nv Cl) V o 0 0 0 0 0 so M N M N o 00 0 a o �5 a 0 0 R Q ^ R �N^ Nw CD CD v ^ m R o o R o 4 Q Qk S O o m 'y Mr 0) 'V!?k a v $ -^ n N co m 0T ❑ Fm �3 ko m Li 0 oNfI NN N N N N ! pM Z 6 Q 9 C ` gam � � � � � � � � � � ZR Ol n M e �f n O1 n Qr �5 N N O N m y O j Z U aR r n e r aR Q M m M m 5� o m p 0 gi v M Q '- doo oro ^ oho o0a 0 AC- a. raa a �5 allo �5 � rn 0- � ❑ R � acn� t-- Ro vov o � ^ M $ � Nr� M u E $ r r r m Un IT pmp�� M N O- N e m O gj CAD{N cM0 O rQ i�jV+ �D N N N N N i 0 v It V V O N r N O tD "• w-O O) 0 F m m t0 m 10 F N N N-N N F N N �V N N F O O O O Q - J i5 J M M m r 0 Q CD y-N Q •` m r men, Q r p � •ca D w w w w °� 7 w w w W 0 � w w w w w w uw w F MMMM , oFMMMM FnMMM MMM. 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V w 0 _N y to J Q ¢ 0 N m N m 0 IC .'--. .N.. O C v v O O N N ate- O O N v N N m CO TT0 N N c0V tQi r Z N N O m 7 r m m w 0mW +n N mr0 W O OI O m ra0m m m R m Nm N pp0 < a p a` a` a` a` aT, 2R2? �5 � c2Ro �SNrna � Q - ry Q n0u°�i0 cn < � V 0 0 0 0 m a m '7 O A M r 00 O O V1 = 4 1c c 4 t o cc o c l 4 p U � R v tp # r m 4 Am N o0 Rvri �i 0 $ Q a cV pp pp (p pp " N o fV a. 0 OD OD A ^tp < N" N X O n N W I CD m � c0 mmcm m A m m {a?) m Mm V a a � � F � - F r r• r N q y :R R aR xR 2R ZR 2R zR ae 7R 2R 2R m 4W m A to f, �f y P - 7 < r P m� co N V CO C 7R < A N l0 2R Q V i0 m �` O �- O r �` O 7 m N to v m 16 V 0 -w CL r CL N N N N 0 Qt M �n 4t lnou) o 4t �5 r r 4 >� m V E QO R � � m 0 0 'N 'N 0 R11 1 7 ffi N �...- ,�, r v O z to V7eq N N Ql= O) pmp OD m �p Y RRRYYY N O N m f0 40 f0 fD m m m m m m m m m Cl) m 0 0) ch m r v7 e� r O � - ' J m m Qp . Q m Q rcn co , V 0, < mrm r � Q Owwww D w w w w Dwwww o Qm � ww ww oaa ` " ` na7 � a ` ` a ` aaasL9lC a . a aaa aaa a Appendix A.2 - CAPITAL FACILITIES PLAN Enrollment Projections 1 I I O N 7 �lO O O co LLJ O C O O _m O r O O VQ O !NtocDti C0 t 7 0rO w G C O A LL 1 i C � _O t 6 eh cD O M N m 0) CV M O co U3 R M �•' �' co W O co R M'O D O c0 co V r 0 0 O Op 1 O) O to co 7 V I��„ CM O C tf r N Cp O Q Lo F 61 = 0 L M 2 CD I I I I 1 I O NN ? 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Auburn School District Development Growth since 111/98 2004 Under Construction ebruary 27. 20114 Units/ Current To Be Development Name Parcels Occupancy Occupied Elem Middle HS Total Bifrost Gate 62 1 33 06.521 4.46 4.96 19.20 Lakeland: Montiano 104 72 32 4.33 4.81 18.62 Lakeland: Tuscany76 19 57 7.71 8.57 33.17 LeeAnn Meadows 23 1 222.98 3.31 12.80 ffVaIIeiew states 8 3 5 0.68 0.75 2.91 Hills, ivision 7 20 7 13 1.76 1.95 7.57 2 38 33 5 1.48 0.68 0.75 2.91 ton National, Div 1 42 19 23 6.82 3.11 3.46 13.39 363 190 56.31 25.7 28.56 110.57 2004 Units/ Current To Be Development Name Parcels Occupancy Occupied Elem Middle HS Total Backbone Ride 7 0 7 2.07 0.95 1.05 4.07 Dawson Hills 6 0 6 1.78 0.81 0.90 3.49 Flora Park 12 0 12 3.56 1.62 1.80 6.98 Jones River Park 18 0 18 5.33 2.43 2.71 10.48 Kelli Meadows 8 0 8P23 1.08 1.20 4.66 Kersey3 Project 403 0 403 54.52 60.57 234.53 Kingsley Meadows 56 0 56 7.58 8.42 32.59 Lakeland: Future Planning632 0 632 85.49 94.99 367.80 Lakeland: Siena 79 0 79 1069 11.87 45.98 Lakeland: Thuline 95 0 95 12.85 14.28 55.29 Mystery Heights 6 0 6 1.781 0.81 0.901 349 ' Pacific Meadows 44 0 44 13.04 5.95 6.611 25.61 Plemmons Development 8 0 8 237 1.08 1.20 466 River Rim 12 0 12 3.56 1.62 1.80 6.98 ' River ointe 12 0 12 3.56 1.62 1.80 6.98 Vintage Hills, Division 6 61 0 61 1808 8.25 9.17 35.50 White Mountain Trails 30 0 30 8.89 4.06 4.51 17.46 2005 1489 1489 1 441.311 201.42 223.80 866.54 Unitsi Current To Be Development Name Parcels Occupancy Occupied Elem Middle HS Total Auburn Place 14 0 14 4.15 1.89 2.10 8.15 Cambridge Pointe 26 0 26 7.71 3.52 3.91 15.13 Carrington Pointe 24 0 24 7.11 3.25 3.61 13.97 Hansen Development 31 0 31 9.19 4.19 4.66 18.04 Hazel Park 151 0 15 4.45 2.03 2.25 8.73 Little Fields 8 0 8 2.37 1.08 1.20 4.66 Marchini Meadows 831 0 83 24.60 11.23 12.48 48.30 201 201 59.57 27.19 30.21 116.97 2006 Units/ Current To Be Development Name Parcels Occupancy Occupied Elem Middle HS Total ' Dal'it Dhaliwal Plat 8 0 8 2.37 1.08 1.20 4.66 Har reet Kang 8 0 8 2.37 1.08 1.20 4.66 Kent Impound Area 386 0 386 114.40 52.22 58.02 224.64 Potter Plat 331 0 33 978 446 4.961 19.20 Tolas Short Plat 41 0 4 1.19 0.54 0.601 2.33 439 439 130.11 59.39 65.981 255.48 DevelpmnlGmwth SF wSGF Feb04 DETERMINATION OF NONSIGNIFICANCE for Kent School District No. 415 1 2004 Capital Facilities Plan Issued with a 14-day comment and appeals period. Description of Proposal: This threshold determination analyzes the environmental impacts associated with the following actions, which are so closely related to each other that they are in effect a single action: 1. The adoption of the Kent School District 2004 Six-Year Capital Facilities Plan by the Kent School District for the purposes of planning for the facilities needs of the District. 2. The amendment of the King County Comprehensive Plan to include the Kent School District 2004 Capital Facilities Plan as a part of the Capital Facilities Plan Element of the King County Comprehensive Plan. 3. The amendment of the Comprehensive Plan of the City of Kent to include the Kent School District's 2004 Capital Facilities Plan as part of the Capital Facilities Plan Element of the Comprehensive Plans of the City of Kent. i4. The amendment of the Comprehensive Plan of the City of Covington to include the Kent School District's 2004 Capital Facilities Plan as part of the Capital Facilities Plan Element of the Comprehensive Plans of the City of Covington. 5. The amendment of the Comprehensive Plan of the City of Auburn to include the Kent School District's 2004 Capital Facilities Plan as part of the Capital Facilities Plan Element of the Comprehensive Plans of the City of Auburn. 6. This proposal may also involve amendment of Comprehensive Plans of the Cities of Maple Valley, Black Diamond, SeaTac and/or Renton to incorporate the Kent School District 2004 Capital Facilities Plan into the Capital Facilities element of that jurisdiction's Comprehensive Plan. Proponent Kent School District ' Location of the Proposal: The Kent School District includes an area of approximately 73 square miles. The City of Covington and portions of the cities of Kent, Auburn, SeaTac and Black Diamond fall within the District's boundaries, as do parts of unincorporated King County. rK 74 '425.R17'egx 1.rA It 7'-`ru k 0 -4,2004 2006Ve iF k' .,Iaa W3*, ADS kk 1BOL' I il- JI N�ll re 1p lj i �J' VIP A";r� 't "ce ',Zk lz lIr —3w ivy, M )LT'jg M.&V VAU Vidna or te n M4 , mrm W-1 w�l ek, OV-Vomn i rar CTI, 004,V� ;r z�'V Q 4'1. ,f I 'k'v 01• Nwwi�� i i i IT 1, 11CILITIES F 2004 - 2005 - 2009 - 2010 4& OEM U a •k $ xis Emerald Park Elementary Site Emerald Park Elementary School Emerald Park Elementary Serving VnincoToratedTing County and Kent, Covington, Au6urn, .Maple valley, Black Diamond, Renton, SeaTac, Washington ' Apri[2004 i Kept school 12033 SE 256`"Street Kent,Washington 96030-6643 (253)373-7295 SIX - YEAR CAPITAL FACILITIES PLAN t 2004 - 2005 2009 - 2010 -t;HC'K DIS-ELT BOARD of DIRECTORS Bill Boyce Sandra Collins Scott Floyd Lisa Holliday Mike Jensen ADMINISTRATION , Barbara Grohe, Ph.D. — Superintendent Fred H. High — Executive Director of Finance Mark Haddock, Ph.D.—Assistant Superintendent for Learning & School Improvement Margaret A Whitney—Assistant Superintendent of Human Resources Carla Jackson—Executive Director, Kent-Meridian Strand Joseph McBrayer, Ph.D.— Executive Director, Kentlake Strand Merri Rieger— Executive Director, Kentridge Strand Janis Bechtel—Executive Director, Kentwood Strand Gary Plano, Ed.D. —Executive Director of Instructional Services Valerie Lynch, Ed.D.—Executive Director of Special Services Donald Hall—Executive Director of Information Technology Kent School District Six-Year Capital Facilities Plan April 2004 1 1 1Schoolno Istrict 1 A 1 K ?Ct100i t Db'FAiCT 1 SIX - YEAR CAPITAL FACILITIES PLAN 2004 - 2005 ~ 2009 - 2010 ' April 2004 1 For information on the Plan, please call the Finance & Planning Department at (253) 373-7295 Capital Facilities Plan 1 Contributing Staff Gwenn Escher-Derdowskl, Forecast & Planning Administrator Don Walkup& Helen Shindell-Butler, Transportation Department Larry Price, Director of Facilities&Construction Karla Wilkerson, Facilities Department Cover Design by Debbi Smith Maps by Jana Tucker 1 Kent School District Six-Year Capital Facilities Plan April 2004 i Kent 3chool District -Year i S� Capital FaczCities flan Table of Contents Section Page Number 1 I Executive Summary 2 i 11 Six-Year Enrollment Projection 4 III District Standard of Service 8 1 I V Inventory and Capacity of Existing Schools 11 i V Six-Year Planning and Construction Plan 14 V I Relocatable Classrooms 17 ' V I I Projected Classroom Capacity 18 V I l I Finance Plan, Cost Basis and Impact Fee Schedules 23 I X Summary of Changes to Previous Plan 30 , X Appendixes 31 Kent School District Six-Year Capital Facilities Plan April 2004 I Executive Summary ' This Six-Year Capital Facilities Plan (the "Plan") has been prepared by the Kent School District (the "District") as the organization's facilities planning document, ' in compliance with the requirements of Washington's Growth Management Act, King County Code K.C.C. 21A.43 and Cities of Kent, Covington, Auburn, Maple Valley and Black Diamond. This annual plan update was prepared using data ' available in the spring of 2004 for the 2003-2004 school year. This Plan is consistent with prior long-term capital facilities plans adopted by the Kent School District. This Plan is not intended to be the sole planning document for all of the District's needs. The District may prepare interim and periodic Long Range Capital Facilities Plans consistent with Board Policies, taking into account a longer or shorter time period, other factors and trends in the use of facilities, and other needs of the District as may be required. ' Prior Capital Facilities Plans of the Kent School District have been adopted by Metropolitan King County Council and Cities of Kent, Covington and Auburn and included in the Capital Facilities Plan element of the Comprehensive Plans of each jurisdiction. The first ordinance implementing impact fees for the unincorporated areas was effective September 15, 1993. ' In order for impact fees to be collected in the unincorporated areas of Kent School District, the Metropolitan King County Council must adopt this Plan and a fee-implementing ordinance for the District. For impact fees to be collected in the incorporated portions of the District, the cities of Kent, Covington and Auburn must also adopt this Plan and their own school impact fee ordinances. This Plan has also been submitted to cities of Maple Valley, Black Diamond, SeaTac, and Renton. This Capital Facilities Plan establishes a "standard of service" in order to ascertain current and future capacity. While the State Superintendent of Public Instruction establishes square footage guidelines for capacity, those guidelines do not account for the local program needs in the District. The Growth Management Act, King County and City codes and ordinances authorize the District to make adjustments to the standard of service based on specific needs ' of the District. This Plan includes the standard of service as established by Kent School District. Program capacity is based on an average capacity and updated to reflect changes to special programs served in each building. Relocatables in the capacity calculation use the same standard of service as the permanent facilities. (continued) Kent sami Dcstnct Sic-Year Capital Fac3htles Pian April 2OD4 Page 2 I Executive Summary (continued) , The capacity of each school in the District is calculated based on the District ' standard of service and the existing inventory, which includes some relocatable classrooms. The District's program capacity of permanent facilities reflects , program changes and the reduction of class size to meet the requirements of Student Achievement Initiative 728. Relocatables provide additional transitional capacity until permanent facilities are completed. Kent School District is the fourth largest district in the state. Enrollment is reported monthly to the Office of the Superintendent of Public Instruction (OSPI) on Form P223. Enrollment on October 1 is considered to be the enrollment for the year. P223 Headcount for October 1, 2003 was 26,449. P223 FTE (Full Time Equivalent) enrollment was 25,357.55. (FTE reports Kindergarten at .5 and excludes Early Childhood Education [ECE] and college-only Running Start students.) The actual number of individual students per the October 2003, full head count was 26,870. (Full Headcount reports all students at 1.0 including Kindergarten, ECE , and college-only Running Start students.) The District's standard of service, enrollment history and projections, and use of transitional facilities are reviewed in detail in various sections of this Plan. Our plan is to continue to satisfy concurrency requirements through the transitional use of relocatables. ' A financing plan is included in Section V I I I which demonstrates the District's ability to implement this Plan. Pursuant to the requirements of the Growth , Management Act, this Plan will be updated annually with changes in the fee schedules adjusted accordingly. Kent School District Six-Year Capital Facilities Plan April 2004 Page 3 i ' I I Six -Year Enrollment Projection ' For capital facilities planning, growth projections are based on cohort survival and student yield from documented residential construction projected over the next six years. (see Table 2)The student generation factor, as defined on the next ' page, is the basis for the growth projections from new developments. King County births and the District's relational percentage average were used to ' determine the number of kindergartners entering the system. (see Table 9) 8.06% of 22,007 King County live births in 1999 is forecast for 1,772 students expected In Kindergarten for October 1, 2004. Together with proportional growth from new construction, 8.06% of King County births is equivalent to the number of students projected to enter kindergarten in the district for the next six-year period.(see Table 2) 1 Early Childhood Education students (sometimes identified by others as "Preschool Special Education [SE] or handicapped students") are calculated and reported separately on a .5 FTE basis. The first grade population is traditionally 7 - 8% larger than the kindergarten population due to growth and transfers to the District from private kindergartens. Cohort survival method uses historical enrollment data to forecast the number of students projected for the following year. Near term projections assume some growth from new developments to be offset by current local economic conditions. With a few notable exceptions, the expectation is that enrollment increases will occur District-wide in the long term. District projections are based on historical growth patterns combined with continuing development of projects in the pipeline dependent on market and growth conditions. The District will continue to track new development activity to determine impact ' to schools and monitor conditions to reflect adjustments in this assumption. The six-year enrollment projection anticipates moderate enrollment growth from new development currently in some phase of planning or construction in the district. Information on new residential developments and the completion of these proposed developments in all jurisdictions may be considered in the District's ' future analysis of growth projections. Within practical limits, the District has kept abreast of proposed developments. The Kent School District serves seven permitting jurisdictions: unincorporated King County,the cities of Kent, Covington, and Auburn and a small portion of the city of Maple Valley. The west Lake Sawyer area is in the city limits of Black Diamond and Kent Mountain View Academy is located in the small portion of the City of SeaTac served by Kent School District. 1 (Continued) Kent School District Six-Year Capital Facilities Plan April 2004 Page 4 I I Six -Year Enrollment Projection (Continued) ' STUDENT GENERATION FACTOR "Student Factor" is defined by King County code as "the number derived by a school district to describe how many students of each grade span are expected , to be generated by a dwelling unit" based on district records of average actual student generated rates for developments completed within the last five years. The Student Factor has been updated to reflect the secondary grade level reconfiguration. Following these guidelines, the student generation factor for Kent School District is as follows: Single Family Elementary .482 Middle School .161 Senior High .284 Total .927 Multi-Family Elementary .293 Middle School .069 ' Senior High .114 Total .476 The student generation factor is based on a survey of 4,219 single family dwelling units and 2,701 multi-family dwelling units with no adjustment for occupancy rates. Please refer to Appendix E on Pages 35-36 for details of the Student Generation Factor survey. The actual number of students in those residential developments was ' determined using the District's Education Logistics (EDULOG) Transportation System. In 4,219 single family dwelling units there were 2,035 elementary students, 679 middle school students, and 1,197 senior high students for a total , of 3,911 students. In 2,701 multi-family dwelling units, there were 791 elementary students, 186 middle school students, and 308 senior high students, for a total of 1,285 students. Kent School District Six-Year Capital Facilities Plan April 2004 Page 5 (� r CO N N In r O N CO � a w w c0 N N O CD m o 0 CDv $ mrn C) � CO Cn w0 00 O N N Cr) M N N Nr M� � r � NN 0 O r r r N N N N N N N r r N O N y 11 N N O ' N O o N (0 1n CO 0) r O o) er O) M In n 1p O II r CD CO P7 N M In 0v 0 W 1- C, Cl) N I, M e+f m of N e� p co 1 O O r r M O q' O cor _ p NN cor 0 0r N N N % N C N N N r N N CD E C N r Cn h N O CO O r M N v d' Cn (7) M U) C M CO v O r to N 1n a CO M M M N r r c C O 0) O O r r N r r N O CO V N N O r N N V N CV C N N N N r r N CO 10`m W N 0) IL O C W O ~ a 0) to CO CO r CO co M CO C`7 O N co0 Y W O W r 0 O O CZ) O co O r N M M O N N fY O co N O C O O O N O N O N r N N O .�.. 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ENROLLMENT PROJECTION csuAs. P R -0 J E G T 1 0 fit ' Octoberl 2003 2004 1 2005 2006 2007 20- 2009 King County Live Births 22,195 22,007 22,487 21,778 21,863 21,950 22,030 ' , Increase/Decrease 73 -188 480 -709 85 87 80 Kindergarten/Birth% 2 8.06% -8.06% 8 06% 8 06% 8 06% 8 06% 8 06% 2 Early Childhood Education @ 5 93 80 88 97 107 118 130 213 Kindergarten FTE @ .5 894 886 931 908 914 918 921 Grade 1 1,851 1,896 1,873 1,972 1,927 1,940 1,948 Grade 2 1,965 1,892 1,961 1,942 2,046 2,000 2,014 Grade 3 1,975 2,005 1,957 2,032 2,016 2,122 2,075 Grade 4 2,072 1,991 2,054 2,010 2,089 2,073 2,180 Grade 5 2,067 2,071 2,048 2,117 2,075 2,155 2,139 1 Grade 6 2,205 2,121 2,142 2,123 2,197 2,154 2,235 Grade 7 2,209 2,264 2,189 2,238 2,209 2,285 2,241 , Grade 8 2,351 2,182 2,279 2,231 2,271 2,242 2,318 Grade 95 2,309 Grade 9 5 2,525 2,449 2,573 2,517 2,560 2,522 Grade 10 2,207 2,234 2.361 2,305 2,418 2,364 2,398 ' Grade 11 1,787 1,948 1,992 2,119 2,068 2,166 2,112 Grade 12 1,466 1,451 1,623 1,674 1,778 1,733 1,808 , Total FTE Enrollment 25.451 25,546 25,947 26,341 26,632 26,830 27,041 Nine 21314 Yearly Increase 4 95 401 394 291 198 211 Yearly Increase% 0.02% 0.37% 1.57% 1.52% 1.10% 0.74% 0.79% Cumulative Increase 4 99 500 894 1,185 1,383 1,594 Full Time E uivalent ffE 25,451 25,546 25,947 26,341 26,632 26,830 27,041 , 1 Kindergarten projection based on King County actual live birth percentage and proportional growth from new construction 2 Kindergarten FTE enrollment protection at 5 is calculated by using the DrstncYs percentage of King County live births 5 years earlier compared to actual kindergarten enrollment in the previous year.(Includes ECE C 5-Early Childhood Ed) 3 Kindergarten protection is at 5 FTE although most schools have Full Day Kindergarten at 1.0 FTE with altemative funding Oct 2003 P223 FTE is 25,358&Headcount is 26,449 Full student count with ECE Preschool&Running Start=26,870 5 Grade level reconfiguration In 2004,9th grade moves to the senior high schools G R O W T H PROJECTIONS - Adjustments for current economic factors ' For facilities planning purposes,this six-year enrollment projection anticipates moderate enrollment growth from new development currently in some phase of planning or construction in the district. Kent School District Six-Year Capital Facilities Plan Table 2 April 2004 Page 7 III Current Kent School District "Standard of Service" In order to determine the capacity of the District's facilities, King County Code 21A.06 refers to a "standard of service" that each school district must establish in order to ascertain its overall capacity. The standard of service identifies the program year, the class size, the number of classrooms, students and programs of special need, and other factors determined by the District which would, in the District's judgment, best serve the student population. This Plan includes the standard of service as established by Kent School District. The District has identified schools with significant special needs programs as "impact" schools and the standard of service targets a lower class size at those facilities. Relocatables included in the capacity calculation use the same standard of service as the permanent facilities. (see appendix a, s$ C) The standard of service defined herein may continue to change in the future. Kent School District is continuing a long-term strategic planning process combined with review of changes to capacity and standard of service adjustments to meet the requirements of Student Achievement Initiative 728. This process will affect various aspects of the District's "standard of service" and future changes will be reflected in future capital facilities plans. Because the funding for Initiative 728 is incremental, implementation of the Initiative is also incremental and may result in annual changes to school capacity. Current Standards of Service for Elementary Students Class size for grades K - 3 should not exceed an average of 22 students. Class size for grade 4 should not exceed an average of 23 students. Class size for grades 5 - 6 should not exceed an average of 29 students. Program capacity for regular education elementary classrooms is calculated at an average of 24 students per classroom because of fluctuations between primary and intermediate grade levels (i.e. third/fourth or fourth/fifth grade split classes, etc.). Many elementary schools now provide full day kindergarten programs with the second half of the day funded by grants or tuition. Students have scheduled time in a computer lab. Students may also be provided music instruction and physical education in a separate classroom or facility. Special Education for students with disabilities may be provided in a self- contained classroom with a capacity of 10-15 depending on the program. (continued) ' Kent School District six-Year capital Faoiities Plan April 2004 Page 8 III Current Kent School District "Standard of Service" (continued) Identified students will also be provided other educational opportunities in classrooms for programs such as those designated as follows: English Language Leamers (E L L) Self-contained Special Education Support Center Programs Integrated Programs & Resource Rooms (for special remedial assistance) Early Childhood Education (ECE) (34 yr. old students with disabilities) Education for Disadvantaged Students (Title I) District Remediation Programs School Adjustment Programs for severely behavior-disordered students Programs for Hearing Impaired students Mild, Moderate and Severe Developmental Disabilities Developmental Kindergarten Kindergarten Academic Intervention Program (KAI-Full Day Kindergarten) Learning Assisted Programs (LAP) Education for Highly Capable Students (formerly "Gifted" Program) Some of the above special programs require specialized classroom space, as well as music and physical education classrooms, computer labs, etc.; thus, the permanent capacity of some of the buildings housing these programs is reduced. Some students, for example, leave their regular classroom for a short period of time to receive instruction in these special programs and space must be allocated to serve these programs. Some newer buildings have been constructed to accommodate most of these programs; some older buildings have been modified, and in some circumstances, these modifications reduce the classroom capacity of the buildings. When programs change, program capacity fluctuates and is updated annually to reflect the change in program and capacity. Current Standards of Service for Secondary Students The standards of service outlined below reflect only those programs and educational opportunities provided to secondary students which directly affect the capacity of the school buildings. Reductions have been made in 7th and 10th grade English classes for Initiative 728. These standards are subject to change pending annual updates based on staff and public review for changes funded by Student Achievement Initiative 728. Class size for grades 7 - 9 should not exceed an average of 29 students. Class size for 7th & 10t" grade English class should not exceed an average of 25 students. Class size for grades 10 - 12 should not exceed an average of 31 students. Special Education for students with disabilities may be provided in a self- contained classroom with a capacity of 10-15 depending on the program. (continued) Kent Sdiool District Sic-Year Capital Facilities Plan April 2004 Page 9 III Current Kent School District "Standard of Service" (conUned) Identified students will also be provided other education opportunities in classrooms for programs designated as follows: Computer Labs English Language Learners (E L L) Integrated Programs & Resource Rooms (for special remedial assistance) Preschool and Daycare Programs Highly Capable (Honors or Gifted) and Advanced Placement Programs Basic Skills Programs Traffic Safety Education JROTC - Junior Reserve Officers Training Corps Variety of Career and Technical Education Programs (Vocational Education) i.e. Home & Family Life (Cooking, Sewing, Child Development, etc.) Business Education (Keyboarding, Accounting, Business Law, Sales & Marketing, etc ) Woods, Metals, Welding, Electronics, Manufacturing Technology, Auto Shop, Commercial Foods, Commercial Art, Drafting & Drawing, Electronics, Careers, etc Many of these programs and others require specialized classroom space which can reduce the permanent capacity of the school buildings. In addition, an alternative home school assistance, choice and transition program is provided for students in grades K - 12 at Kent Mountain View Academy. Space or Classroom Utilization As a result of scheduling conflicts for student programs, the need for specialized rooms for certain programs, and the need for teachers to have a work space during their planning periods, it is not possible to achieve 100% utilization of regular teaching stations. Based on the analysis of actual utilization of classrooms, the District has determined that the standard utilization rate is 85% for secondary schools. Program capacity at elementary schools reflects 100% utilization at the elementary level with adjustments for pull-out programs served in relocatables. In the future, the District will continue close analysis of actual utilization. Kent School Distnct Six-Year Capital Facilities Plan April 2004 Page 10 I V Inventory and Capacity of Existing Schools Currently, the District has permanent program capacity to house 25,512 students and transitional (relocatable) capacity to house 2,150. This capacity is based on the District's Standard of Service as set forth in Section I I I. Included in this Plan is an inventory of the District's schools by type, address and current capacity. (See Table 3 on Page 12) The program capacity is periodically updated for changes in programs, additional classrooms and the addition of new schools. It also reflects adjustments to the Student Achievement Initiative 728 reduction in class size. The class size reduction received voter approval in the Educational Programs and Operations Levy as well as through funding from Student Achievement Initiative 728. The District will conduct annual public review and update class size recommendations in accordance with the requirements and incremental funding of Student Achievement Initiative 728. Kent Mountain View Academy (formerly Kent Learning Center) serves grades Kindergarten through 12 with transition, choice and home school assistance programs. It is located in the former Grandview School in the western part of the District in the city of SeaTac. This school was originally designed as an elementary school. Calculation of Elementary, Junior High and Senior High School capacities are set forth in Appendices A, B and C. A map of existing schools is included on Page 13. Kent School District Six-Year Capital Facilities Plan April 2004 Page 11 iKENT SCHOOL DISTRICT No.415 INVENTORY and CAPACITY of EXISTING SCHOOLS 200322004 Year SCHOOL opened MR ADDRESS Program Ca a ' Carnage Crest Elementary 1990 CC 18235-140th Avenue SE, Renton 98058 490 Cedar Valley Elementary 1971 CV 26500 Timbertane Way SE, Covington 98042 442 Covington Elementary 1961 CO 17070 SE Wax Road, Covington 98042 524 Crestwood Elementary 1980 CW 25225-180th Avenue SE, Covington 98042 456 Darnel Elementary 1992 DE 11310 SE 248th Street, Kent 98031 486 East Hill Bementary 1963 EH 9825 S 240th Street, Kent 98031 442 Emerald Park 1999 EP 11800 SE 216th Street, Kent 98031 504 Fairwood Elementary 1969 FW 16600-14M Avenue SE, Renton 98058 472 Glenndge Elementary 1996 GR 19405-120th Avenue SE,Renton 98058 470 Grass Lake Elementary 1971 GL 28700-191st Place SE, Kent 98042 480 Horizon Elementary 1990 HE 27641-144th Avenue SE, Kent 98042 462 Jenkins Creek Elementary 1987 JC 26915-186th Avenue SE, Covington 98042 452 Kent Elementary 1999 KE 24700-64th Avenue South, Kent 98032 462 Lake Youngs Elementary 1965 LY 19660-142nd Avenue SE, Kent 98042 562 Martin Sortun Elementary 1967 MS 12711 SE 248th Street, Kent 98031 480 Meadow Ridge Elementary 1994 MR 27710-108th Avenue SE,Kent 98031 447 Meridian Elementary 1939 ME 25621-140th Avenue SE, Kent 98042 562 Millennium Elementary 2000 ML 11919 SE 270th Street, Kent 98031 466 Neely-O'Brien Elementary 1990 NO 6300 South 236th Street, Kent 98032 470 Panther Lake Elementary 1938 PL 20831-108th Avenue SE, Kent 98031 408 Park Orchard Elementary 1963 PO 11010 SE 232nd Street, Kent 98031 500 Pine Tree Elementary 1967 PT 27825-118th Avenue SE, Kent 98031 504 Ridgewood Elementary 1987 RW 18030-162nd Place SE, Renton 98058 504 Sawyer Woods Elementary 1994 SW 31135-228th Avenue SE,Kent 98042 504 Scenic Hill Elementary 1960 SH 26025 Woodland Way South, Kent 98031 466 Soos Creek Elementary 1971 SC 12651 SE 218th Place, Kent 98031 462 Spnngbrook Elementary 1969 SB 20035-100th Avenue SE, Kent 98031 476 Sunrise Elementary 1992 SR 22300-132nd Avenue SE, Kent 98042 528 Elementary TOTAL 13,481 Cedar Heights Junior High 1993 CH 19640 SE 272 Street,Covington 98042 949 Kent Junior High 1952 KJ 620 North Central Avenue, Kent 98032 816 Mattson Junior High 1981 MA 16400 SE 251st Street, Covington 98042 808 Meeker Junior High 1970 MK 12600 SE 192nd Street, Renton 98056 890 Meridian Junior High 1958 MJ 23480-12M Avenue SE, Kent 98031 747 Northwood Junior High 1996 NW 17007 SE 184th Street, Renton 98058 944 Sequoia Junior High 1966 SJ 11000 SE 264th Street, Kent 98031 830 Junior High TOTAL 5.984 Kent-Meridian Senior High 1951 KM 10020 SE 256th Street, Kent 98031 1,417 Kentlake Senior High School 1997 KL 21401 SE 300th Street,Kent 98042 1,622 Kentndge Senior High 1968 KR 12430 SE 208th Street, Kent 98031 1,301 Kentwood Senior High 1981 KW 25800-164th Avenue SE, Covington 9BD42 1,291 Senor High TOTAL 5,631 Kent Mountain View Academy' 1965 LC 22420 Military Road, Des Moines 98198 416 DISTRICT TOTAL 25,512 Changes to capacity reflect program changes and sdJustments to class size for Academic Achievement Initiative 728 2 Kent Mountain View Academy serves grades K-12 The school was formerly known as Kent Learning Center&Grandview Elementary Kent School District Sur-Year Capital Facilities Plan Table 3 April 20134 Page 12 i z 0 I OV cm0 ca a0)> f}J� 0- Y � 0 > CD 9 • .0 d '> O 0O CO _8 ra �� U O X p Cz .0 U .� O O V �/ � O` y H :� m� O > C -c Z— V N C V f + aIc ON U i Io Vm m mW Y O • m Y r mm CE- 00 mm • 0 me O aE m J wZ Ou W 01 m N m r0U •w r• m •mo0• €O rm >YsO y 3S en�dm�4•W 91t W 3= Cj-04acw oC •y0r0Q=L $Yo p� 3y�s o _GN d xN Z' 100C E rNo•W mE .� 35 end U10O1 m y H m N 01 C U� mp •'p SW C cu m a= Y t 3S end PyZ£l £ E 3S end PuZCI ' I E �° mo m° `o= o 3c o 04 3 gL V c• a •C o m� V go R me c •I m �s� um mE r ao mm ry �� oom •E`m �W v- cm N _w in �? •gm x= ao • fmw EU •�� am O O O 'UmE bE• 10 ga o • O < o4 Dme G L C a W •a o m m to l/1 rn (C `LS Ew E• 3S enV 4&801 • qqt 1�6 AM ' �• E yZ.• YD=b• 3S end WOOI E d O O O m— ooN gy aW wm •C O _� •: •(U C W� E 1W"u W -1 in W = N c 00 �w N r. 'm !p • end layue7 g �� P "�b w 'Y N 'Z� AO.My ��{AaIIOA JaeM • H -0-0 yC 4R E pl .� ass w Z Ov y �E " m tAm • S SM48,ejUl Kent School District Six-Year Capital Facilities Plan Page 13 V Six-Year Planning and Construction Plan At the time of preparation of this Plan in spring of 2004, the following projects are completed or in the planning phase in the District: Construction for additions to three high schools is in progress.The Board authorized grade level reconfiguration to move 9th grade students to high schools and serve 7th and 8th grade students at middle schools.New classroom additions will add capacity for additional students from new development and 9`h Grade students moving to the high ' schools. Construction is expected to be complete by September 2004. • Reconfiguration will provide additional capacity at middle schools. Implementation is expected for September 2004. • The Board approved temporary closure of Kent Junior High for re-purpose and remodel. In 2004-05, students from KJH will attend other middle schools when all 9th grade students have moved to the high schools Kent Junior High is expected to re-open as a New Middle School 7a with additional programs in September 2005. • Enrollment trends continue to show an increase in enrollment at the secondary level and a slight decline at the elementary level Projections reflect future need for additional capacity at the high school level and facility needs are pending preliminary district review • The Board authorized purchase of a site for Junior High#8 east of 124th Avenue SE at SE 2861h Street That site was determined not to be feasible and the property is for sale I . Sites for potential future schools and facilities are listed In Table 4 and shown on the site map on page 17 • Some funding is secured for purchase of additional portables and some funding may be provided by impact fees as needed. Sites are based on need for additional capacity. County and city planners and decision-makers are encouraged to consider safe walking conditions for all students when reviewing applications and design plans for new roads and developments. This should include sidewalks for pedestrian safety, pull-outs and tum-arounds for school buses. ' Included in this Plan is an inventory of potential projects and sites identified by the District which are potentially acceptable site alternatives in the future. (see Table 4) The voter approved bond issue for $105.4 million in 1990 and $130 million in 1994 included funding for the purchase of eleven sites for some of these and future schools, 1 and the sites acquired to date are included in this Plan. Some funding is secured for purchase of additional sites but some may be funded with impact fees as needed. Not all undeveloped properties meet current school construction requirements and some property may be traded or sold to meet future facility needs. 2002 voter approval of $69.5 million bond issue for capital improvement included the construction funding for additions to three high schools which are scheduled to be completed in August 2004. Student Achievement Initiative 728 funds are being utilized to reduce class size and provide extended learning opportunities. Based on community input at public hearings, the Board will continue annual review of standard of service and Ithose decisions will be reflected in the each update of the Capital Facilities Plan. Kent School District Six-Year Capital Facilities Plan April 2004 Page 14 KENT SCHOOL DISTRICT No. 415 Site Acquisitions and Projects Planned to Provide Additional Capacity Projected Projected %for , SCHOOL / FACILITY / SITE LOCATION Type Status Completion Program new Data Capacity Growth Approximate I Appraairete ELEMENTARY (Numbers assigned to future schools may not correlate with number of existing schools.) Elementary#31 (Unfunded) To be determined 2 New Planning 2010? Soo 75% (Postponed&pending future review) JUNIOR HIGH 1 MIDDLE SCHOOL Grade Level Reconfiguration will Move 9th grade to High School Program Planning 2004 N/A WA provide additional capacity at Middle Schools SENIOR HIGH I I Classroom additions at three Kent-Mendian Additions construction 2004 300 75% high schools and move Kentndge Additions Construction 2004 900 75% 9th Grade to high school Kentwood Additions construction 2004 800 75% Senior High#5 (Unfunded) To be determined 2 New Planning 2009 1,622 75% Additional TEMPORARY FACILITIES Capacity Relocatables For placement as needed New Planning 2004+ 24-31 each 100% SUPPORT FACILITIES ' Bus Facility (Unfunded)i Near Kent-Mendian High School New Planning TBD 2 N I A #on Land Use Map 3 OTHER SITES ACQUIRED Type Jurisdiction 4 Covington area (Near Mattson JH) SE 251 &164 SE, Covington 98042 Elementary City of Covington 7 Covington area (Scarsella) SE 290&156 SE, Kent 98042 Elementary King County ' 5 Covington area West(Halleson) 15435 SE 256 Street, Covington 98042 TBD 2 City of Covington 3 Ham Lake area (Pollard) 16820 SE 240, Kent 96042 Elementary King County 8 SE of Lake Morton area(West) SE 332&204 SE, Kent 98042 Secondary King County 2 Shady Lake area (Sowers,etc.) 17426 SE 192 Street, Renton 98058 Elementary King County 1 So,King Co.Activity Center(Nike site) SE 167&170 SE, Renton 98058 TBD' King County 12 Former Jr H#8 site(Plemmons•Yeh-W ins) SE 286th Street&124th Ave.SE,Kent Site was determined to be"unbuildable"for a junior high/middle school and property is for sale. Notes: 1 Unfunded facility needs will be reviewed in the future. 2 TBD-To be determined-Some sites are acquired but placement, timing and/or configuration have not been determined. 3 Numbers correspond to sites on Map on Page 16.Other site locations are parcels identified in Table 7 on Page 26 Kent School District Six-Year Capital Facilities Plan Table 4 April 2004 Page 15 cl' i o Z m N i o m c YI 0 N �OF- N I O w O N a m C`Ly' •L o� Y= �W H � y =0 Yr O `O p LC O O� T c m O �_ Sa U0 .05 �E• ]C ulw /Vr 06 �m C I Ow ' m U y m Y m 00 r w mm m• ' CU` gc l E mC a O� w OL W m N == UW O� O� 0 I 2 rn 35 eM/41C91 c am t0 V O B �G Cw Z� U / g n m 7Q g�i' r ar y 3 0m• >` C0 9 yeti i Y r D Ww �• MC L f9! •C W 3S enV 410Ct m ;m 1y • Um �O •W N mm o mo a mr 3S anV PVZZt cL E 3S enV PuZEt f mo OR 9� a c �P r Bw • �u U • .� �c ` me i c oo mc� Y pm f azE � -m m mE N O yi QrNW �' i:NW •Cm �W � Cm •L 6� D V PPP... TW �0 off• t o < 0L9 01 um W uz amms ' N W gym• N - •N �� 3Sa V V990t �Yr dw N 92 1 �� o• qE �r c`oo3 3s env Ow wsat ' Ow � • y �• N�o N W = CC y mm InGAVPilue7 k3y iZ� n�V �H Ae11mA LsBM � c� t°m yC H o-2 � N ZW m T m 0 08 SSE iKent School District Si:-Year Capital Facilities Plan Page 16 V I Relocatable Classrooms For the purpose of clarification, the term "portables" and the more descriptively ' accurate term, "relocatables" are used interchangeably in this Plan. The Plan also references use of portables or relocatables as interim or transitional capacity/facilities. I Currently, the District utilizes 154 total relocatables to house students in excess of permanent capacity, for program purposes at school locations, and six for ' other purposes. (see Appendices A e C o) Based on enrollment projections, program capacity and funded permanent facilities, the District anticipates the need to purchase some additional relocatables during the next six-year period During the time period covered by this Plan, the District does not anticipate that all of the District's relocatables will be replaced by permanent facilities. During the useful life of some of the relocatables, the school-age population may decline t in some communities and increase in others, and these relocatables provide the flexibility to accommodate the immediate needs of the community. Portables, or relocatables, may be used as interim or transitional facilities: 1. To prevent overbuilding or overcrowding of permanent school , facilities. 2. To cover the gap between the time of demand for increased i capacity and completion of permanent school facilities to meet that demand. 3. To meet unique program requirements. Portables, or relocatables, currently in use will be evaluated resulting in some being improved and some replaced. Quality concerns will be among those addressed by the next Citizens' Facilities Planning Committee in review of capital ' facilities needs for the next bond issue. The Plan projects that the District will use relocatables to accommodate interim housing needs for the next six years and beyond. The use of relocatables, their impacts on permanent facilities, life cycle and operational costs, and the interrelationship between relocatables, emerging technologies and educational restructuring will continue to be be examined. Kent School District Sox-Year Capital Facilities Plan April 2004 Page 17 V I I Projected Six-Year Classroom Capacity As stated in Section I V, the program capacity study is periodically updated for changes in special programs and reflects class size reduction in Grades K - 4. As shown in the Inventory and Capacity chart in Table 3 on Page 12, the program capacity is also reflected in the capacity and enrollment comparison charts. (See Tables 5&5 A-B-C on pages 19-22) Enrollment is reported to OSPI on Form P-223 on a monthly basis and funding apportionment is based on Annual Average FTE (AAFTE) The first school day of October is set by OSPI as the "enrollment count date" for the year. Full Time Equivalent (FTE) student enrollment for October 1, 2003 was 25,357.55 with kindergarten students counted at .5 and excluding Early Childhood Education students (ECE - preschool special education) and College- only Running Start students. (See Tables 5&5 A-B-c on pages 19-22) On October 1, there were 466 students in 11th and 12th grade participating in the Running Start program at 9 different colleges and receiving credits toward both high school and college graduation. 226 of these students attended classes only at the college ("college-only") and are thus excluded from the headcount for capacity and enrollment comparisons. Kent School District continues to be the fourth largest district in the state of Washington. P223 Headcount for October 1, 2003 was 26,449 with kindergarten students counted at 1.0 and excluding ECE and college-only Running Start students. A full headcount of all students enrolled on October 1, 2003 totals 26,870 which includes ECE and college-only Running Start students. 1 Based on the enrollment forecasts, current inventory and capacity, current standard of service, relocatable capacity, and future planned additional classroom space, the District anticipates having sufficient capacity to house ' students over the next six years. (see Table 5and Tables 5A-"on Pages 19.22) This does not mean that some schools will not experience overcrowding. There 1 may be significant need for additional portables and/or new schools to accommodate growth within the District and class size reduction mandated under Student Achievement Initiative 728. Some schools, by design, may be opened with relocatables on site. Boundary changes, limited movement of relocatables, zoning changes, market conditions, and educational restructuring will all play a major role in addressing overcrowding and underutilization of ' facilities in different parts of the District. Kent School District Sm-Year Capital Facilities Plan Aprll 2004 Page 18 KENT SCHOOL DISTRICT No. 415 PROJECTED ENROLLMENT and CAPACITY TOTAL DISTRICT 3 i SCHOOL YEAR [2003-2004 1 2004-2005 1 2005-2006 2006-2007 1 2007-2008 2008-2009 1 2009-2010 Actual P R O J E C T E D Permanent Program Capacity' 25,512 25,512 26,696 27,496 27,496 27,496 27,496 ' New Permanent Construction 1� 3 Grade level reconfiguration-9th grade moves to high schools in 2004 Temporary closure of Kent Junior High-New Middle School 7a re-opens in 2005 Estimated program capacity -816 800 Additions to 3 Senior High schools 2,000 Senior High#5 1,622 Permanent Program Capacity Subtotal 25,512 26,696 27,496 27,496 27,496 27,496 29,118 , Interim Relocatable Capacity Elementary Relocatable Capacity Required 0 0 0 0 0 0 0 ' Jr HOAddle School Relocatable Capacity Required 899 0 0 0 0 0 0 Senior High Relocatable Capacity Required 0 558 806 1,054 1,178 1,209 0 i Total Relocatable Capacity Required t 84 899 558 806 1,054 1,178 1,209 0 TOTAL CAPACITY t 26,411 1 27,254 1 28,302 28,550 28,674 28,705 1 29,118 2 & 3 , TOTAL FTE ENROLLMENT/PROJECTION 1 25,451 25,546 25,947 26,341 26,632 26,830 27,041 DISTRICT AVAILABLE CAPACITY 960 1,708 2,355 2,209 2,042 1,875 2,077 ' Capacity is based on standard of service for program capacity and updated periodically to reflect program changes. i 2 FTE= Full Time Equivalent Enrollment (ie.ECE Preschool&112 day Kindergarten student= .5). 3 In 2004,9th grade will move to the high schools and result in increased capacity at Middle School level. 4 2003-2004 total classroom relocatable capacity is 2,150. Kent School District Sm-Year Capital Facilities Plan Table 5 April 2004 Page 19 KENT SCHOOL DISTRICT No. 415 PROJECTED ENROLLMENT and CAPACITY t SENIOR HIGH 3 SCHOOL YEAR 2003-2004 2004-2005 2o05-206 2Do6-2007 1 2007-2008 2008-2009 1 2009-2010 jAdual P R O J E C T E D Senior High Permanent Program Capacity 5,631 5,631 7,631 7,631 7,631 7,631 7,631 New Permanent Senior High Construction I3 Grade level reconfiguration-9th grade students move to high schools in 2004 Classrooms added at three high schools Estimiled program capacity 2,000 Senior High#5 1,622 Subtotal 5,631 7,631 7,631 7,631 7,631 7,631 9,253 Relocatable Capacity Required 184 0 558 806 1,054 1,178 1,209 0 TOTAL CAPACITY ' 5,631 8,189 8,437 8,685 8,809 8,840 9,253 FTE ENROLLMENT/PROJECTION 2&3 5,460 8,158 8,425 8,671 8,781 8,823 8,840 SURPLUS DEFICIT CAPACITY 171 31 12 14 28 17 413 INumber of Relocatobles Required 0 16 26 34 38 39 0 ' 1 Capacity is based on standard of service for program capacity and updated periodically to reflect program changes 2 FTE =Approximate Full Time Equivalent Enrollment, excluding College-only Running Start students. IApproximately 200 9th grade students are served all or part of the day at high schools. 3 Grade level reconfiguration-All 9th grade students well move to the high schools in 2004. Kent School District Six-Year Capital Facilities Plan Table 5 A April 2004 Page 20 KENT SCHOOL DISTRICT No. 415 PROJECTED ENROLLMENT and CAPACITY JUNIOR HIGH/ MIDDLE SCHOOL 3 SCHOOL YEAR 2003-2004 2004-2005 1 2005-2006 1 2006-2007 2007-2008 2008-2009 2009-2010 Actual P R O J E C T E D I Jr High I Middle School Program Capacity 5,984 5,984 5,168 5,968 5,968 5,968 5,968 New Capacity from Grade Reconfiguraton t 3 Grade level reconfiguration-9th grade students move to high schools in 2004 4 Kent Junior High closed for remodel in 2004-05-New Middle School 7a re-opens in 2005 Estimated program capacity -816 800 Subtotal 5,984 5,168 5,968 5,968 5,968 5,968 5,968 Relocatable Capacl Required 899 0 0 0 0 0 0 TOTAL CAPACITY 11,3 6,883 5,168 5,968 5,968 5,968 5,968 5,968 FTE ENROLLMENT/PROJECTION 2 6,869 4,446 4,46E 4,469 4,480 4,527 4,559 SURPLUS DEFICIT CAPACITY 14 722 1,500 1,499 1,488 1,441 1,409 Number of Relocatables Required 31 0 0 0 0 0 0 t 1 Capacity is based on standard of service for program capacity and updated periodically to reflect program changes. 2 FTE=Approximate Full Time Equivalent Enrollment/Protection Approximately 200 9th grade students are currently served at high schools. 3 Grade level reconfiguration -All 9th grade students will move to the high schools in 2004. , 4 Kent Junior High closed for remodel in 2004-05- New Middle School re-opens In Fall 2005 Kent School District Six-Year Capital Facilities Plan Table 5 B April 2004 Page 21 jKENT SCHOOL DISTRICT No.415 PROJECTED ENROLLMENT and CAPACITY r ELEMENTARY SCHOOL YEAR 2003-2004 2004-2005 1 2005-2006 20M2007 1 2007-2008 2008-2009 1 2009-2010 Actual P R O J E C T E D ' Elementary Permanent Program Capacity 13,481 13,897 13,897 13,897 13,897 13,897 13,897 Kent Mountain View Academy 1 416 New Permanent Elementary Construction None projected until after 2009 4 Subtotal 13,897 13,897 13,897 13,897 13,897 13,897 13,897 Relocatable Capacity Required 2 0 0 0 0 0 0 0 TOTAL CAPACITY 2 13,897 13,897 13,897 13,897 13,897 13,897 13,897 FTE ENROLLMENT/PROJECTION 3 13,122 12,942 13,054 13,201 13,371 13,480 13,642 SURPLUS DEFICIT CAPACITY 775 955 843 696 526 417 255 Number of Relocatables Required 0 0 0 0 0 0 0 it Kent Mountain View Academy is a special program at Grandview School serving students in Grades K- 12. The school(formerly Kent Learning Center&Grandview Elem.)was designed as an elementary school. ' 2 Capacity is based on standard of service for program capacity and is updated periodically to reflect program changes. 3 FTE=Approximate Full Time Equivalent Enrollment or Projection (ECE & Kindergarten @ .5) Facility needs are pending review. 1 Kent School Distnct Six-Year Capital Facilities Plan Table 5 C April 2004 Page 22 t V I I I Finance Plan The finance plan shown on Table 6 demonstrates how the Kent School District plans to finance improvements for the years 2004 - 2005 through 2009 - 2010. The financing components include secured and unsecured funding and impact fees. The plan is based on voter approval of future bond issues, collection of impact fees under the State Growth Management Act and voluntary mitigation ' fees paid pursuant to State Environmental Policy Act. Kent Elementary #27a, which opened in January 1999 as a replacement for the original Kent Elementary School, was the last school for which the District received state matching funds under the current state funding formula. Millennium Elementary #30 which opened in the fall of 2000 was the last elementary school that received funding approval from voters. Voters approved a $69.5 million bond issue for Capital Construction and Improvements in February 2002. This will partially fund building additions at three high schools which will coincide with moving 9th grade students to the senior high in 2004. The District anticipates receiving state matching funds and 1 utilizing Impact fees for the senior high school additions. Enrollment projections reflect future need for additional capacity at the high i school level and unfunded facility needs will be reviewed in the future. s Some funding is secured for additional portables and some will be funded from impact fees. For the Six-Year Finance Plan, costs of future schools are based on estimates from Kent School District Facilities Department. Please see pages 25-26 for a summary of the cost basis. Kent School District Six-Year Capital Facilities Plan April 2004 Page 23 I CD 0 CD 0 - 2 � co CL - - a - cn cc LO § 2 } I 2 2 / $ § 2 2 § 7 @ 2 ) K 2 $ 0 7 ID - � ` (3 CD _ § k tqK o _~e & i k Ct @ In Co _ m - ~ k ) § / @ bL ) 93 � @ ® � \§ / § U2 N 40 4 \ z § D § touj k k CN . \ $ m m @ § } OL § � § U. 4) 0 04 _ 7 ` 0 ~ csio j ) IL a a § K § k $ k fa ) A i § ƒ ' LLD & a ) m ) 2 ) 7 ® k \ \ 2 § ) t k 2 k ) f ° ) co § k � - a « ? @ & 0 / } 0 2 d ® § k cn z / ° m | f 2 £ fn 2 k $ E ' LL� 2 A a ` « § ) J J / _ = 2 V I I I Finance Plan - Cost Basis Summary Projected construction cost of the additions to three high schools: , Senior High School Additions Projected Cost Total Addition to Kent-Meridian $7,000,000 Addition to Kentrid a $13,600,000 , Addition to Kentwood $11,200,000 Projected construction cost of $31,800,000 additions to 3 High Schools I I I For impact fee calculations, construction costs are based on cost of the last high school, with inflation factor: I Senior High School Cost Projected Cost Kentlake High School (Opened in 1996) $44,600,000 Current cost of High School $62,915,882 Projected cost of High School#5 in 2009 $78,650,000 i The site acquisition cost is based on an average cost of sites purchased or built on within the last ten years. Please see Table 7 on page 26 for a list of site acquisition costs and averages. Kent School District Six-Year Capital Facilities Plan April 2004 Page 25 N U Q m CD OI mm cm W � m m � a CD rnm r m m r m a LO rn r m N Q m g m (0 r a (O O Q m to h O d3 BA - +�' •c4 m = o W to F N O O v r t0 co W O r r W N r M O N n CD P, d' N 0 O 'T (0 M CO a 0 O r N lqt M N 0 W 0 (� (.- 10 V M r CO vi CO O N O (D N r CD 4 M CO (0 u N d' CO O N N M N N O r -4 N r 1, O r N 6Y to 69 EH 49 69 t9 (O M 69 O (A 69 r > yq tq K) to 6N 6 (O O O N 1,- N M co co N O CO O 11 h CD M r co CO O O h r co co Cl) lqt N N N O Cl) rqt O M (— O O to r- (0 t0 N r (0 O O N O O r CO N N QCO C), O ce) CO 0)- CD (D Lf)- L6 N r (n M O r�: (V (D (O IA U p) O , M r CO CD1.- 0) (O O (0 M V r M O h N (0 O O r• 'R Cl) (O N h (O O M m V Cl) (O M Cl) O (, r N 1 .- 69 69 643, 69 ri 69 to 0% r (,i M V! t9 th P DD 69 H9 69 W9 69 t9 H 6% to 6% r N pi U-) M O O O O O co N r O O 0) r O M O a m t0 O (O O 1-- O 1,- -q r O r 00 M O O OJ Cn O r O N r V O O M O O O (MO V O r I N N M CO) (7) V M M co N r N U) L N O O N O y Z N r n c Y H _ y m aDm v rn N ° h O N O N O co, y O1 m CO = V 06 C c o iv c� rn c rn °' w o m °i m -' rn rn h c O O W c YOD c F fA O m ° °O W p O O N m m N m C m > N C m m m cm m U m 6C1 Y O Y � m Y ` U ti I W Y Y Y W Y tr W c W N N N Q O J N (!J N y N @ y .t. 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N tr > O CD N m 10 10 O W ' �' (C Z Y KENT SCHOOL DISTRICT ' FACTORS FOR ESTIMATED IMPACT FEE CALCULATIONS Student Generation Factors -Single Family Student Generation Factors - Multi-Family Elementary 0.482 Elementary 0.293 Middle School 0 161 Middle School 0.069 Senior High 0.284 Senior High 0.114 Total 0 927 Total 0.476 Projected Student Capacity SPI Square Footage per Student Elementary 500 Elementary 80 Middle School 1,065 Middle School 110 Senior High 1,622 Senior High 120 Special Education 140 Required Site Acreage per Facility Elementary (required) 11 Average Site Cost/Acre Middle School (required) 21 Elementary $0 Senior High (required) 27 Middle School $0 Senior High $91,851 New Facility Construction Cost Elementary $0 Temporary Facility Capacity & Cost Junior High /Middle School $0 Elementary @ 24 $0 Senior High ' $78,650,000 Middle School @ 29 $0 -See cost basis on Pg 25 Senior High @ 31 $91,450 Temporary Facility Square Footage State Match Credit Elementary 86,956 Current State Match Percentage 53.30% Junior High/Middle School 26,280 Senior High 21,736 Total 4% 134,972 Area Cost Allowance -Cost/Sq. Ft. Current Area Cost Allowance $129 81 Permanent Facility Square Footage Elementary 1,455,606 Junior High/Middle School 753,079 District Average Assessed Value Senior High 800,882 Single Family Residence $234,279 Total 96% 3,009,567 Total Facilities Square Footage District Average Assessed Value Elementary 1,542,562 Multi-Family Residence $74,065 Junior High/Middle School 779,359 Senior High 822,618 Total 3,144,539 Capital Levy Tax Ratel$1,000 Current /$1,000 Tax Rate $1 68 Developer Provided Sites/Facilities Value 0 General Obligation Bond Interest Rate Dwelling Units 0 Current Bond Interest Rate 4.35% Kent School District Six-Year Capital Facilities Plan Apnl 2004 Page 27 1 KENT SCHOOL DISTRICT IMPACT FEE CALCULATION for SINGLE FAMILY RESIDENCE Site Acquisition Cost per Single Family Residence Formula. ((Acres x Cost per Acre)/Facility Capacity)x Student Generation Factor Required Site Acreage I Average Site Cost/Aae I Facility Capacity Student Factor A 1 (Elementary) 11 $0 500 0 482 $0 A 2 (Middle School) 21 $0 1,065 0 161 $0 A 3 (Senior High) 27 $91,851 2,000 0 284 $352 16 0 927 A—> $352 16 Permanent Facility Construction Cost per Single Family Residence Formula ((Facility Cost/Facility Capacity)x Student Factor)x(Permanent/rotal Square Footage Ratio) Construchon Cost Facility Capacity Student Factor Footage Ratty B 1 (Elementary) $0 500 0.482 096 $0 B 2 (Middle School) $0 1,065 0 161 096 $0 B 3 (Senior High) $78,650,000 1,622 0 284 0.96 $13,220 18 0.927 B—> $13,220 18 Temporary Facility Cost per Single Family Residence Formula ((Facility Cost/Facility Capacity)x Student Factor)x(Temporary/Total Square Footage Rabo) Facility Cost Facility Capacity Student Factor Footage Ratio C 1 (Elementary) $0 24 0.482 004 $0 C 2 (Middle School) $0 29 0 161 004 $0 C 3 (Senior High) $91,450 31 0 284 004 $33 51 0.927 C—> $33 51 State Match Credit per Single Family Residence Formula Area Cost Allowance x SPI Square Feet per student x District Match% x Student Factor Area Cost Allowance SPI Sq Ft /Student I District Match% Student Factor D 1 (Elementary) $129 81 80 0 0 482 $0 D 2 (Middle School) $129 81 110 0 0 161 $0 D 3 (Senior High) $129.81 120 05330 0 284 $2,357.95 D—> $2,357 95 Tax Credit per Single Family Residence Average SF Residential Assessed Value $234,279 Current Capital Levy Rate/$1,000 $1.68 Current Bond Interest Rate 4 35% Years Amortized (10Years) 10 TC —> $3,13663 IDeveloper Provided Facility Credit Facility/Site Value Dwelling Units 0 0 FC--> 0 Fee Recap A = Site Acquisition per SF Residence $352.16 B = Permanent Facility Cost per Residence $13,22018 C = Temporary Facility Cost per Residence $33 51 Subtotal $13,605 85 D = State Match Credit per Residence $2,357 95 TC=Tax Credit per Residence $3,136.63 Subtotal $5,494 58 t Total Unfunded Need $8,111.27 50%Developer Fee Obligation $4,056 FC=Facility Credit(if applicable) 0 Net Fee Obligation per Single Family Residence $4,056 Kent School District Six-Year Capital Facilities Plan April 2004 Page 28 KENT SCHOOL DISTRICT , IMPACT FEE CALCULATION for MULTI-FAMILY RESIDENCE Site Acquisition Cost per Multi-Family Residence Unit Formula. ((Acres x Cost per Acre)/Facility Capacity)x Student Generation Factor Required Site Acreage I Average Srte Cost/Acre Facility Capacity I Student Fedor A 1 (Elementary) 11 $0 5o0 0.293 $0 A 2 (Middle School) 21 $0 1,065 0.069 $0 A 3 (Senior High) 27 $91,851 2,000 0 114 $141.36 0476 A—> $141.36 Permanent Facility Construction Cost per Multi-Family Residence Unit Formula ((Facility Cost!Facility Capacity)x Student Factor)x(Permanent/Total Square Footage Ratio) Construchon Cost Facility Capacity Student Factor Footage Ratio B 1 (Elementary) $0 500 0.293 096 $0 B 2 (Middle School) $0 1,065 0.069 096 $0 B 3 (Senior High) $78,650.000 1.622 0 114 096 $5,306 69 0 476 8—> $5,306 69 Temporary Facility Cost per Multi-Famlly Residence Unit Formula ((Facility Cost/Facility Capacity)x Student Factor)x(Temporary/Total Square Footage Ratio) Facility Cost Facility Capacity Student Factor Footage Ratio C 1 (Elementary) $0 24 0 293 0.04 $0 C 2 (Middle School) $0 29 0 069 004 $0 C3 (Senior High) $91,450 31 0114 004 $13.45 0476 C—> $1345 State Match Credit per Multi-Family Residence Unit Formula Area Cost Allowance x SPI Square Feet per student x District Match% x Student Factor Area Cost Allowance SR Sq Ft I Student I District Match% I Sludenl Factor D 1 (Elementary) $129 81 80 0 0 293 $0 ' D 2 (Middle School) $129 81 110 0 0 069 $0 D 3 (Senior High) $129 81 120 05330 0 114 $946 50 D—> $946.50 Tax Credit per Multi-Family Residence Unit Average MF Residential Assessed Value $74,065 Current Capital Levy Rate/$1,000 $1.68 Current Bond Interest Rate 4 35% , Years Amortized (10 Years) 10 TC—> $991.62 Developer Provided Facility Credit Facility/Site Value Dwelling Units 0 0 FC—> 0 Fee Recap A = Site Acquisition per Multi-Family Unit $141.36 B = Permanent Facility Cost per MF Unit $5,306.69 C = Temporary Facility Cost per MF Unit $13 45 , Subtotal $5,461 50 D = State Match Credit per MF Unit $946.50 TC=Tax Credit per MF Unit $991.62 Subtotal $1,938.12 Total Unfunded Need $3,523 39 50%Developer Fee Obligation $1,762 FC=Facility Credit(d applicable) 0 Net Fee Obligation per Multi-Family Residence Unit $1,762 Kent School District Stx-Year Capital Facilities Plan April 2004 Page 29 IX Summary of Changes to April 2003 Capital Facilities Plan , The Capital Facilities Plan (the Plan ) is updated annually based on previous Plans in ' effect since 1993. The primary changes from the April 2003 Plan are summarized here. Voters approved funding for additions at three high schools to accommodate new growth and moving 9th grade students to senior highs. This will provide additional 1 capacity for grades 7-8 at middle schools in 2004. Kent Junior High will close for remodeling and repurposing in 2004-05 and re-open as a new middle school in 2005-06. Property for Junior High#8 was determined not feasible and is still for sale. IChanges to capacity continue to reflect reduction in class size for grades K - 4 as well as program changes. Reduction in class size for Student Achievement Initiative 728 is 1 reflected in this update. Changes in portables or transitional capacity reflect purchase, sale, surplus and/or movement of portables between facilities Student enrollment forecast is updated annually. At this time, enrollment projections reflect need for additional capacity at high school level rather than elementary level. The district expects to receive state matching funds for projects in this Plan and tax credit factors are updated annually. Unfunded facility needs will be reviewed in the future. jThe biennial student generation factor survey was updated to reflect changes and grade level reconfiguration. Changes reflected no adjustment for occupancy. Survey data Is I included as Appendix E. Changes to Impact Fee Calculation Factors Include: ITEM Grade/Type FROM TO Comments Student Generation Factor Elem 0 466 0.482 Updated for 9"'Grade Single Family(SF) Jr 0 227 0.161 Reconfiguration Sr 0200 0.284 Total 0.893 0.927 Student Generation Factor Elem 0.281 0 293 Updated for 9'h Grade Multi-Family(MF) Jr 0105 0 069 Reconfiguration Sr 0 068 0 114 Total 0 454 0.476 1 State Match Credit 54 29% 53.30% Per OSPI (-.99%) Area Cost Allowance(Boeckh Index) $125 32 $129 81 Per OSPI I Average Assessed Valuation (AV) SF $222,591 $234,279 Per Puget sound ESD AV-Average of Condominiums&Apts. MF $65,437 $74,065 Per Puget Sound ESD Debt Service Capital Levy Rate/$1000 $210 $1.68 Per King County Assessor ' General Obligation Bond Interest Rate 4 69% 4.35% Market Rate Impact Fee-Single Family SF $4,292 $4,056 Change to fee-$236 Impact Fee-Multi-Family MF $2,643 $1,762 Change to fee-$881 Kent School District six-Year Capital Facilities Plan April 2004 Page 30 X i I Appendixes Appendix A: Calculations of Capacities for Elementary Schools Appendix B: Calculations of Capacities for Junior High Schools Appendix C: Calculations of Capacities for Senior High Schools ' Appendix D: Use of Relocatables Appendix E: Student Generation Factor Survey Kent School District Six-Year Capital Facilities Plan April 2004 Page 31 A a 'c o C 4 uj -i — W 't @ 0.' 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C. 0 0 0 0 0 0 0 0 � C � ° d kk § N & 2 E ) -Vk $ w o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 � � 'o � ` § E ® # © v A 'm Lo 0 k @ 0 a = = 0 - cy 0 o , o ci k a m « e ; me ]co r- 00 m - - - w in s _ , § � _ Lo k \ { ) G m CY m - w N c v $ b0 o 77 _ 2 w \ ) m ■ I - - - x_ _ _ _ G 2 © a LU \ \ k / � ( # G 7 § K K s 7 k § a § i E � & b R & f 3 3 » ! ƒ § E g § 3 § I § Q § B § 2 A � ) / x \ 04 . s CY k §14 ° • ■ $ / cck , a C k k - \ $ / + a. 2 k f ■ f f ` § a I § - 2 f a f \ / / a. n $ ] k k IDJ k J 2 £ / ° 9 -W OD�to 0 ( ¥ ■ � cn 7 E A ¥ 2 � DETERMINATION OF NONSIGNIFICANCE Issued with a 14 Day comment and appeals period ' Description of Proposal: This threshold determination analyzes the environmental impacts associated with the following actions, which are so closely related to each other that they are in effect a single action: 1. The adoption of the Federal Way Public Schools' 2004/05 Six Year Capital Facilities Plan by the Federal Way Public Schools for the purposes of planning for the facilities needs of the District. 2. The amendment of the King County Comprehensive Plan by King County to include the Federal Way Public Schools' 2004105 Capital Facilities Plan as part of the Capital Facilities Plan Element of the King County Comprehensive Plan. ' 3. The amendment of the Comprehensive Plans of the City of Federal Way and the City of Kent to include the Federal Way Public Schools' 2004/05 Capital Facilities Plan as part of the Capital Facilities Plan Element of the City of Federal Way and the City of Kent's Comprehensive Plan. This proposal may also involve the amendment of the Comprehensive Plans of the Cities of Auburn, and Des Moines to incorporate the Federal Way Public Schools' 2004/05 Capital Facilities Plan into the Capital Facilities Element of each jurisdiction's Comprehensive Plan. Proponent: Federal Way Public Schools Location of the Proposal: The Federal Way Public Schools District includes an area of approximately 35 square mules. The cities of Federal Way, Kent,Des Moines andAuburn fall within the District's boundaries, as do parts of unincorporated King County. Lead Agency: , Federal Way Public Schools is the lead agency pursuant to WAC 197-11-926. , The lead agency for this proposal has determined that the proposal does not have a probable significant adverse environmental impact on the environment. An environmental impact statement (EIS) is not required under RCW 43.21C.030(2)(c). This decision was made after a review of the completed environmental checklist and other information on file with the lead agency. This information is available to the public upon request. ' This Determination of Nonsignificance (DNS)is issued under WAC 197-11-340(2). The lead agency will not act on this proposal for 14 days from the date of issue. Comments must be , submitted by 5:00 p.m.,June 14, 2004. The responsible official will reconsider the DNS based on timely comments and may retain, modify, or, if significant adverse impacts are likely, withdraw the DNS. If the DNS is retained, it will be final after the expiration of the comment deadline. Responsible Official: Ms. Gen Walker Enrollment and Boundary Analyst ' Federal Way Public Schools Telephone: (253) 945-2071 Address: 31405 18th Avenue South ' Federal Way WA 98003 You may appeal this determination in writing by 5.00 p.m., June 14, 2004 to Gen ' Walker, Federal Way Public Schools, 31405 18th Avenue South, Federal Way, WA 98003. Date of Issue: June 1, 2004 , Date Published: June 3, 2004 2 , 1 1 Federal Way Public Schools i � 2004/05 � Capital Facilities Plan � Buildingfor the 21s' Century 1 i 1 FEDERAL WAY PUBLIC SCHOOLS 2004/05 CAPITAL FACILITIES PLAN ' FEDERAL WAY PUBLIC SCHOOLS ' 2004/05 CAPITAL FACILITIES PLAN BOARD OF EDUCATION Ed Barney Evelyn Castellar Charles Hoff , Bob Nhllen Earl VanDonen SUPERINTENDENT ' Thomas R. Murphy ' FEDERAL WAY PUBLIC SCHOOLS 2004105 CAPITAL FACILITIES PLAN TABLE OF CONTENTS TABLE OF CONTENTS ti INTRODUCTION iii-v ' SECTION 1 THE CAPITAL FACILITIES PLAN Introduction 1 Inventory of Educational Facilities 2 ' Inventory of Non-Instructional Facilities 3 Needs Forecast-Existing Facilities 4 Needs Forecast-New Facilities 5 ' Six Year Finance Plan 6 SECTION 2 MAPS OF DISTRICT BOUNDARIES Introduction 7 Map - Elementary Boundaries 8 ' Map -Middle school Boundaries 9 Map - Senior High Boundaries 10 ' SECTION 3 SUPPORT DOCUMENTATION Introduction 11 Building Capacities 12-13 Portable Locations 14-15 ' Student Forecast L6-18 Capacity Summaries 19-23 King County Impact Fee Calculations 24-26 SECTION 4 SUMMARY OF CHANGES FROM THE 2003104 PLAN 27-30 ii FEDERAL WAY PUBLIC SCHOOLS 2004/05 CAPITAL FACILITIES PLAN INTRODUCTION In response to the requirements of the State of Washington Growth Management Act (SHB 2929 (1990) and ESHB 1025 (1991)), and under the School Impact Fee Ordinances ' of King County Code 21A, City of Federal Way Ordinance No. 95-249 effective December 21, 1995 as amended, and the City of Kent Ordinance No. 3260 effective March 1996, Federal Way Public Schools has updated its 2003/04 Capital Facilities Plan as of May 2004. This Plan is scheduled for adoption by King County, the City of Kent and the City of , Federal Way and is incorporated in the Comprehensive Plans of each jurisdiction by reference. This plan is also included in the Facilities Plan element of th� Comprehensive Plans of each jurisdiction. To date, the City of Des Moines has not adopted a school impact fee ordinance. The Growth Management Act requires the County to designate Urban Growth areas within which urban growth can be encouraged. The Growth Management Planning Council adopted and recommended to the King County Council four Urban Growth Area Line , Maps with designations for urban centers. A designation was made within the Federal Way planning area, which encompasses Federal Way Public Schools boundanes King County will encourage and actively support the development of Urban Centers to meet the ' region's need for housing, jobs, services, culture and recreation. This Plan's estimated population growth is prepared with this underlying assumption. This Capital Facilities Plan will be used as documentation for any jurisdiction, which requires its use to meet the needs of the Growth Management Act. This plan is not intended to be the sole planning tool for all of the District needs. The District may prepare , interim plans consistent with Board policies. Additional plans will be consistent with the six year Capital Facilities Plan. On October 12, 1998 the Federal Way School District Board of Education approved a ' recommendation to move to a Pre K-5 elementary, 6-8 middle school, and 9-12 high ' school grade configuration. This new grade configuration began in the fall of 2003. This grade configuration is believed to be more responsive to student needs. It allows for smaller elementary enrollments with room for lower primary class sizes. The middle ' school provides more developmentally appropriate instruction and a better academic transition between elementary school and high school. Middle schools also allow two- year preparation for the WA State 7'h grade test, and matches most western Washington ' Districts. With State and District standards becoming even tougher, 91h grade students need to be brought into the high school environment and given access to high school subject specialist. The four-year high school plan combines the 9-12 graduation credit , system, allows two-year preparation for the WA State 10`h grade test, and physically places the high school students together. iii FEDERAL WAY PUBLIC SCHOOLS 2004/05 CAPITAL FACILITIES PLAN INTRODUCTION (continued) Federal Way citizens approved a bond proposal of$83 million in September 1999. This bond provided for Todd Beamer High School ($44 million); a middle school ($17 million); expansion and improvement of existing schools ($9 million); replacement of ' Truman High School ($6 million) and other general improvements ($7 mmllion). Additional planned improvements included in the bond proposal are: parking and pedestrian safety,playgrounds and sports fields, new classroom start-up and music ' equipment, information systems and networks and emergency communications. Todd Beamer High School opened in September 2003. The school opened with three grades, 9`h, 10`h and 11`h. Seniors in 2003/04 are allowed to complete their high school education at the current high school. This does put some strain on capacity at the three ' existing high schools. In order to accommodate this decision measures to maximize the capacity in the existing buildings were implemented and three portables were added to high school campuses. Capacity for the 2003/04 school year was calculated at 100%usage in order to give the 12u' grade students the opportunity to stay at the current school. Todd Beamer High School was designed with planning offices for teachers; Decatur, Federal Way and Thomas Jefferson do not have designated planning areas. In order to accommodate planning space for teachers,capacity must be calculated at 83% of maximum as planning generally takes place in the classrooms This 83% figure is used to the Program Capacity calculation for Decatur High School,Federal Way High School and ' Thomas Jefferson High School shown on page 13. A Middle School Transition Team began meeting in May 2001 to develop ' recommendations for the middle school programs. These recommendations were adopted by the Board of Education on March 25, 2002. The adopted recommendations include block instruction with 2 teacher teams meeting with about 60 students daily for students in ' the 6ch and 71h grade. Eighth grade teachers will see 90 students each day This structure lengthens contact time for students with fewer adults and is believed to develop stronger relationships. Fewer transitions for students will provide continuity to the day and ' promote a calmer campus. The 2004/05 Capital Facilities Plan reflects a reduced capacity to accommodate the noddle ' school block instruction. The facility impacts will require further analysis of capacity as the middle school curriculum is refined. Modifications to vocational instructional areas at the middle schools were made in the past year. These modifications increased the capacity ' at the middle school level by converting shop areas to classrooms. The increased capacity is noted in the program capacity on page 13. iv FEDERAL WAY PUBLIC SCHOOLS 2004/05 CAPITAL FACILITIES PLAN ' Federal Way Public Schools opened the Internet Academy in the 1996/97 school year with , 60 students. This program currently serves approximately 405 students, 80 are students also served in other Federal Way School District buildings. Additionally the school serves , students through the Digital Learning Commons. The number of students served as tuition-based students has increased to approximately 175. These tuition-based students are not included in the forecasts for Internet Academy. The forecast for this school is ' based on current average annual enrollment. Historical growth has not been a reliable tool to forecast this enrollment. Internet Academy has become a model for providing quality instruction to various locations. Internet Academy is currently operating out of leased ' space consisting of administrative areas and a computer lab area. This capacity is not included in the analysis of instructional spaces. The facility needs are unique to a program of"distance learners". Federal Way Public Academy opened in the 1999/00 school year in six portables on the ' Illahee Junior High site. Two additional portables were added for opening the 2000/01 school year to expand the program to include ninth grade students. Federal Way Public Academy has extended the program to serve students in grades 6 through 10. There are currently 286 students in this school. The District purchased a facility for Federal Way Public Academy. The renovation of this building is complete and students moved into the building in October 2003 The portables used to house Federal Way Public Academy are ' being used for Ment School, the Child Find program, a training facility and temporary instructional space for Illahee Middle School. As smaller class sizes roll forward into the secondary levels, we anticipate a slight decline at middle school between 2006 and 2009. This does not diminish the need to open a new middle school in the 2005 school year. Middle school facilities are overcrowded at ' current enrollment levels and portables are considered a temporary solution to this overcrowding. Even with adding seats for 700 students at the opening of the new middle school in 2005, projections based on current program capacity indicates a surplus capacity ' of only 44 seats: , Another initiative that will impact capacity at the secondary schools is the Puget Sound ' Early College. Highline Community College is offering this program to 1 Vh and 121h grade students at the Federal Way campus. The program allows promising 11`h and 12`h ' grade students the opportunity to complete their high school diploma and the Associate of Arts college degree in their final two years of high school. In the first year, we expect 60 11`h and 12'h grade students to attend the Puget Sound Early College ' The district has a cooperative agreement with Head Start for facility use to serve income eligible Pre-Kindergarten students. Currently we house Head Start programs at 3 of our ' elementary schools. Headstart is building a new facility on the Harry Truman High School campus. This facility will centralize Headstart services in the Federal Way community. The District anticipates expanding the ECEAP Pre-Kindergarten program ' when Headstart space becomes available in the elementary schools. v ' FEDERAL WAY PUBLIC SCHOOLS 2004/05 CAPITAL FACILITIES PLAN SECTION 1 -THE CAPITAL FACILITIES PLAN The State Growth Management Act requires that several pieces of information be gathered to determine the facilities available and needed to meet the needs of a growing community. ' This section provides information about current facilities, existing facility needs, and expected future facility requirements for Federal Way Public Schools. A Financial Plan which shows expected funding for any new construction, portables and modernization listed follows this. 1 ' 1 FEDERAL WAY PUBLIC SCHOOLS 2004/05 CAPITAL FACILITIES PLAN INVENTORY OF EDUCATIONAL FACILITIES ' ELEMENTARY SCHOOLS ' Adelaide 1635 SW 304th Street Federal Way 98023 Brigadoon 3601 SW 336th Street Federal Way 98023 Camelot 4041 S 298th Street Auburn 98001 ' Enterprise 35101 5th Avenue SW Federal Way 98023 Green Gables 32607 47th Avenue SW Federal Way 98023 Lake Dolloff 4200 S 308th Street Auburn 98001 , Lake Grove 303 SW 308th Street Federal Way 98023 Lakeland 35675 32nd Avenue S Auburn 98001 Mark Twain 2450 S Star Lake Road Federal Way 98003 ' Meredith Hill 5830 S 300th Street Auburn 98001 Mirror Lake 625 S 314th Street Federal Way 98003 Nautilus 1000 S 289th Street Federal Way 98003 Olympic View 2626 SW 327th Street Federal Way 98023 Panther Lake 34424 lst Avenue S Federal Way 98003 ' Rainier View 3015 S 368th Street Federal Way 98003 Sherwood Forest 34600 12th Avenue SW Federal Way 98023 Silver Lake 1310 SW 325th Place Federal Way 98023 ' Star Lake 4014 S 270th Street Kent 98032 Sunnycrest 24629 42nd Avenue S Kent 98032 Twin Lakes 4400 SW 320th Street Federal Way 98023 , Valhalla 27847 42nd Avenue S Auburn 98001 Wildwood 2405 S 300th Street Federal Way 98003 Woodmont 26454 16th Avenue S. Des Moines 98198 ' MIDDLE SCHOOLS Federal Way Public Academy 34620 9`h Avenue S Federal Way 98003 Illahee 36001 1st Avenue S Federal Way 98003 ' Kilo 4400 S 308th Street Auburn 98001 Lakota 1415 SW 314th Street Federal Way 98023 ' Sacajawea 1101 S Dash Point Road Federal Way 98003 Saghalie 33914 19th Avenue SW Federal Way 98023 Totem 26630 40th Avenue S Kent 98032 ' SENIOR HIGH SCHOOLS Decatur 2800 SW 320th Street Federal Way 98023 Federal Way 30611 16th Avenue S Federal Way 98003 , Thomas Jefferson 4248 S 288th Street Auburn 98001 Todd Beamer 35999 16th Ave S Federal Way 98003 , Harry S Truman 31455 28th Ave S Federal Way 98003 ALTERNATIVE SCHOOLS ' Merit School 360010 Ave S Federal Way 98003 LEASED SPACES Internet Academy 320201st Ave S Federal Way 98003 ' 2 FEDERAL WAY PUBLIC SCHOOLS 2004/05 CAPITAL FACILITIES PLAN CURRENT INVENTORY NON-INSTRUCTIONAL FACILITIES Developed Property Administrative Building 31405 18th Avenue S Federal Way 98003 MOT Site 1066 S 320th Street Federal Way 98003 Central Kitchen 1344 S 308th Street Federal Way 98003 Federal Way Memorial Field 1300 S 308th Street Federal Way 98003 Leased Space Community Resource Center 1813 S Commons Federal Way 98003 ECEAP Offices 30819 14`h Ave S Federal Way 98003 Undeveloped Property Site Location # 75 SW 360th Street & 3rd Avenue SW—9.2 Acres 65 S 351st Street & 52nd Avenue S —8.8 Acres 60 E of loth Avenue SW - SW 334th & SW 335th Streets - 10.04 Acres 73 N of SW 320`h and east of 45`h PL SW —23.45 Acres 71 S 344th Street&46th Avenue S - 17.47 Acres 82 151 Way S and S 342°d St —Minimal acreage 74 3737 S 360' St -47.13 Acres (13 acres are being developed for the seventh muddle school; 12-15 acres are wetlands) 96 S 308th St and 141h Ave S — .36'Acres Notes: Not all undeveloped properties are large enough to meet school construction requirements. Properties may be traded or sold depending on what locations are needed to house students in the District. 3 FEDERAL WAY PUBLIC SCHOOLS 2004/05 CAPITAL FACILITIES PLAN NEEDS FORECAST - EXISTING FACILITIES EXISTING FACILITY FUTURE NEEDS ANTICIPATED SOURCE OF FUNDS Purchase and Relocate Interim Capacity Anticipated source of funds is Portables Irri act Fees. The District is formulating mid range plans for facilities needs at some existing instructional facilities. Major renovation or replacement of some existing facilities is being considered. The District is also planning the replacement of some non-instructional facilities A site is under consideration to centralize many of the non-instructional functions. Buildings to house the transportation, maintenance, food services and administrative functions may be moved to a single location in the future. i i 4 i FEDERAL WAY PUBLIC SCHOOLS 2004/05 CAPITAL FACILITIES PLAN NEEDS FORECAST - NEW FACILITIES NEW FACILITY LOCATION ANTICIPATED SOURCE OF FUNDS New Middle School Site 74 Anticipated source of funds are current bond issues. i I5 i FEDERAL WAY PUBLIC SCHOOLS 2004/05 CAPITAL FACILITIES PLAN Sig Year Fice Plan Secured Funding nan Sources 2004 2005 1006 2007 2008 2009 TotalRevenu Impact Pees 1 $605,000 $605,000 $1,210,00( Land Sale Funds(2) $565,000 $565,00( Bond Funds(3) $4,695,OOD $4,695,00( State Match(4) $3,000,000 $2,000,000 5450,000 $430,000 $5,880, TOTAL 58 260,000 52,000,000 51,055,000 51,035,000 SO SO $12 350,000 Projected Revenue State Match 5 $ Bond or Levy Funds(6) $17,000,00( Land Fund Sales(7) $1,164.1 Impact Fees(8) $1,500,00 TOTAL $79,664,000 NEW SCHOOLS Total Prior Years 2004 2005 2006 2007 2008 2009 2004-2009 Total Cost Middle School $543,74 $1,500,000 $12,827,400 $528,860 $14,85626 $15,400,000 Middle School Site $3,600,00 $ 51600,D0 Todd BeamerHi hSchool S42 03,767 $1,913,828 $1,913,828 $44,117,59 odd Beamer M h School Site $3,432,405 $ $3,432,40 Federal Way Public Academy $5,443,094 $ $5,443,094 MODERNIZATION AND EXPANSION $ $ rumanSenior lh h $5,642,661 $1,107,334 $1,107,33 $6,750,00 Expansion Middle Schools $2,132,44 $ $2,132,44 Expansion Elementary Schools $2,000,000 $2,000, $2,000,10 TEMPORARY FACILITIES $ Portables(9) 1 $800,0001 $800,00ol 1 $1,600, $1,600 0 OTAL $60,998,112 11 $4,521,1621 $14,827,4001 $1,328,8601 $800,000 $0 $0 $21,477,42 1152,475,5 NOTES- 1 These fees are curready being held m a King County,Cay of Federal Way and City of Kent mipact fee account,and wdl be available forum by the District for system improvements Tics is year end balance m 12/31/03 2 These funds come from various sales of land and are set aside for estimated expenditures Ttus is year end balance on 12/31/03 3 This u the 1213M3 balance of bond funds 4 These are state matching funds received for Todd Bearer High School,Truman High School and the addnans to existing buildings Thu is a year end balance on 101103 5 The new middle school a not ehgtblc for state match funds 6 These bond foods were add on 6ASN4 7 Two of three property sales have closed in 2004 and the turd u projected to close this calendar year These funds represent the proceeds from these sales No other properties are actively marketed at this mw 8 These are projected fees based upon krunvn residential developments in the District over the next su years 9 Tb=fees represent the cast of moving existing portables and purcuasmg new portables.The District may choose to purchase new portables in the years shmva This estimate may also include the cost of purchasing these portable 6 FEDERAL WAY PUBLIC SCHOOLS 2004/05 CAPITAL FACILITIES PLAN SECTION 2-MAPS OF DISTRICT BOUNDARIES Federal Way Public Schools (the District) has twenty-three elementary schools (grades K-5), six middle school schools (grades 6-8), five senior high schools (grades 09-12) and one school serving students in grades 6 -10 for the 2004J05 school year. The Internet Academy serves grades K-12. In June 2002 the Board of Education adopted new secondary boundaries beginning with 2003/04 school year. A boundary committee will meet in the 2004/05 school year to recommend modifications to the elementary and middle school boundaries. The following maps show the service area boundaries for each school, by school type. (Harry S. Truman High School, Merit School, Internet Academy and Federal Way Public Academy serve students from throughout the District). The identified boundaries are reviewed annually. Any change in grade configuration or adoption of programs that affect school populations may necessitate a change in school service areas. The Growth Management Act requires that a jurisdiction evaluate if the public facility infrastructure is in place to handle new housing developments In the case of most public facilities,new development has its major impact on the facilities immediately adjacent to that development School Districts are different If the District does not have permanent facilities available, interim measures must be taken until new facilities can be built or until boundaries can be adjusted to match the population changes to the surrounding facilities Adjusting boundaries requires careful consideration by the District and is not taken lightly It is recognized that there is a potential impact on students who are required to change schools. Boundary adjustments impact the whole district, not just one school. It is important to realize that a single housing development does not require the construction of a complete school facility. School districts are required to project growth throughout the district and build or adjust boundaries based on growth throughout the district, not just around a single development. 7 i E !T EB Ira Al iolg Fri, Ow Im ;mom Maltilt In IFF� IM 9 � � a. IW Al I O 1� ,� �� �+ ° �1 TIN �� �' sal :'■ • • • DEAN' Al y E m A EV Ell Nam ��AIM; , P. c � �� it Hit Qu Its OW ' • IN m ` B _`■ FEDERAL WAY PUBLIC SCHOOLS 2004105 CAPTIAL FACILITIES PLAN HIGH SCHOOL BOUNDARIES •� ""---- -- -_"E F .•........ /�14.1 G--- ----I- ----"_H Federal Way Public Schools "---' - ��"`_ -" ''�y Every Sordulc a Rode ELEMENTARY SCHOOLS MIDDLE SCHOOLS �•�� �'-` Code- . Code- 1 Adelaide C4 30 11101k a E4 2 BriOadoon 84 31 VJ10 G4 2 i - 2 3 Camelot G4 32 Lekota D4 , 4 EnUMAw D4 33 Sac*wve E-6 6 Green Gables A-7 34 Sagh■lie C4 6 Lake DohoM G4 36 Totem G-3 an I 7 Lake Grow D4 36 Federal Way Public Academy E4 9 Lakeland E-9 ■w.r'e ` 9 Mark Twain Fi —a i• r _ i• cal -ism 10 Meredith Hill H4 SENIOR HIGH SCHOOLS __ ♦e 11 Mirror Lake E4 cc 12 Nauaka E4 3 " _ } ..) I'o 3 13 Olympic View C-7 Cods- 14 Panther Lake E-6 16 Rainier View F-10 Decatur C4 . 41 Federal Way _ 16 Sherwood Forest Thomas Thoes J■Mere G4on G4 17 Star Lake b G-T 46 Todd Deemer E-9 •T" 18 19 Star Lake G-3 49 Harry S Tnlmen F4 a ! ` p •-` 19 Sunnycrnt G•2 .oa°Ya♦ a STa si 20 Twin Lakes 84 a.rY 21 Valhalla G-4 22 Wddwood F-6 Future School San- _ i•.•• .I ^• ■I 23 Woodmont F-3 Surplus Saes - - Y 4 21 91 Educatioml Service Center F4 - a' _ ♦;: �` 86 Maintenance-Operations-Trim,ponaoon E4 - Code- ■ Ir w Parks- U roe°I"✓' ' ? i"k r ° !` •s u rnr F ��� �5 FEDERAL WAY. WASHINGTON and VICINIT lYatltl- W' Z [ 7 Ia Ei ie s- 41" .i rnu...,�. i~�'` 6 37 a �'�„♦�.�E i" r L {^ 7^ s \J ! r .•r y 6' � f0. c� °r af a� - - F A• HIdMT `� "iw ] !'• - a]SO iI _ �a• w 1' � __ { 1 ;: "a I ! {~ ! a'Y+, .aV =`• .��i �r,,.. 1 IM M N ° B e Q aY-• - y/ •� S e • •4 3 i Y t ... 96 I RYr�•.(W/MryY[fY'�Y,r.e y f°/„ • _ _rY = i i •I '•/• i l = = YTi.r.,y/r..rrr.YYw/•� ♦ iT • , n• / } ai i 'e a " . a s,. 45 9 a ° • ° o� ♦ 2 I D �' • • F .. ;��• male e = t 11 r.r+e Federal Way Public Schools 10 _ i 1 9 /D Every Smda=T,a RendsMUM '• a : ° 9 9 ' •�;I 4 a r�1r.s fay-L0a •— . KK "-I' •, ♦ � SN f, ff �� YnToa P. E F G H 10 I FEDERAL WAY PUBLIC SCHOOLS 2004105 CAPITAL FACILITIES PLAN SECTION 3- SUPPORT DOCUMENTATION Building Capacities -The Education Program Portable Locations Student Forecast- 2004 through 2009 Capacity Summaries IKing County Impact Fees - SingIe and Multi Family Units i i z I i FEDERAL WAY PUBLIC SCHOOLS 2004/05 CAPITAL FACILITIES PLAN Building Capacities This Capital Facilities Plan establishes the District's "standard of service" in order to ascertain the District's current and future capacity. The Superintendent of Public Instruction establishes square footage guidelines for capacity, but these guidelines do not take into consideration the education program needs. The District has identified a Budding Program Capacity for each of the schools in the District. This Full Time Equivalent (FIE) capacity is based on: • The number of classrooms available in each school • Any special requirements at each school In general, the District's current standard provides that the average class size for a standard classoom for grades K through 2 is 20 students. For grades 3-5 the standard is 25 students. In 6', 7' and 8' grade the standard classroom is 30 students. In sixth and seventh grade the students are scheduled with block instruction and see only two teachers for core cumculum. Teachers at this level see 60 students per day. At eighth grade, the teachers will see 90 students per day. For grades 9-12 the standard class size is 26 students. In the 2003/04 school year, 17 of the 23 elementary schools offer all day Kindergarten. This program does have capacity impacts, as the classroom is only available for one session of Kindergarten for the full day. The program will be expanded to include an all day Kindergarten program in every elementary school. The capacity calculations on page 13 reserve space for an all day Kindergarten program in each of the elementary schools. 12 FEDERAL WAY PUBLIC SCHOOLS 2004/05 CAPITAL FACILITIES PLAN BUILDING PROGRAM CAPACITIES ELEMENTARY BUILDING MIDDLE SCHOOL BUILDING PROGRAM CAPACITY PROGRAM CAPACITY Adelaide 416 Illahee 799 Brr adoon 470 Kilo 799 Camelot 307 Lakota 750 Enterprise 339 Saca'awea 774 Green Gables 432 Sa halie 694 Lake Dolloff 450 Totem 734 Lake Grove 384 lFederal Way Public Academy 212 Lakeland 410 12002 TOTAL 4,762 Mark Twain 454 Meredith Hill 397 *Middle School Average 758 Mirror Lake 339 Nautilus 435 SENIOR HIGH BUILDING Olympic View 384 PROGRAM CAPACITY Panther Lake 397 Rainier View 405 Decatur 1,476 Sherwood Forest 454 Federal Way 11588 Silver Lake 462 Thomas Jefferson U44 Star Lake 450 Todd Beamer 1,364 Sunn crest 384 Federal Way Public Academy 133 Twin Lakes 410 2004 TOTAL 6,105 Valhalla 4 7 1 Wildwood 405 *Senior High Average 1,493 W oodmont 335 ALTERNATIVE SCHOOL BUILDING 2004 TOTAL 9,356 1 PROGRAM CAPACITY Merit School Elementary Average 407 Truman High School 200 2004 TOTAL 216 Notes: *Federal Way Public Academy capacity is not used in the calculated average. I 13 FEDERAL WAY PUBLIC SCHOOLS 2004105 CAPITAL FACILITIES PLAN Portable Locations The Washington State Constitution requires the State to provide each student a basic education. It is not efficient use of District resources to build a school with a capacity for 500 students due to lack of space for 25 students when enrollment fluctuates throughout the year and from year to year. i Portables are used as temporary facilities or interim measures to house students until ■ permanent facilities can be built or boundary adjustments can be made. When permanent facilities become available, the portable(s) is either used for other purposes such as storage or child care programs, or moved to another school for an interim classroom. Some portables may not be fit to move due to age or physical condition. In these cases, the District may choose to buy new portables and surplus these unfit portables, It is the practice and philosophy of Federal Way Public Schools that portables are not acceptable as permanent facilities. The following page provides a list of the location of the portable facilities, used for temporary educational facilities by Federal Way Public Schools i I 1 14 1 1 FEDERAL WAY PUBLIC SCHOOLS 2004105 CAPITAL FACILITIES PLAN PORTABLE LOCATIONS PORTABLESLOCATED PORTABLES LOCATED AT ELEMENTARY SCHOOLS AT SENIOR HIGHS NON NON INSTRUCTIONAL INSTRUCTIONAL INSTRUCTIONAL INSTRUCTIONAL Adelaide 3 Decatur 5 Bn adoon 1 Federal Way 1 Camelot 1 Thomas Jefferson 3 Enterprise 3 Green Gables 1 TOTAL 9 Lake Dolloff 2 Lake Grove 2 Lakeland 2 Mark Twain 3 Meredith Hill 3 PORTABLES LOCATED Mirror Lake 4 AT SUPPORT FACILITIES Nautilus 1 Olympic View 2 MOT 1 Panther Lake 3 Illahee 3 Rainier View 3 TOTAL 4 Sherwood Forest 4 Silver Lake 4 Star Lake 4 Sunn crest 1 1 HEAD START PORTABLES AT DISTRICT SITES Twin Lakes 2 1 Valhalla 2 Wildwood 4 Mirror Lake 1 Woodmont 3 Sherwood Forest 1 TOTAL 58 1 2 Total 2 ' PORTABLES LOCATED AT MIDDLE SCHOOLS NON INSTRUCTIONAL INSTRUCTIONAL Illahee 5 Kilo 7 Lakota 3 Saca'awea 4 Sa halie 4 Totem 5 Merit 2 ' 30 15 FEDERAL WAY PUBLIC SCHOOLS 2004/05 CAPITAL FACILITIES PLAN Student Forecast Student enrollment projections are a basic component of budget development. Enrollment projections influence many of the financial estimates that go into budget preparation. The majority of staffing requirements are derived directly from the forecasted number of students. Allocations for instructional supplies and materials are also made on the basis of projected enrollment. Other expenditures and certain revenue projections are directly related to enrollment projections. Enrollment projections are completed annually in the Business Services Department. Projections must be detailed at various levels, district total, school-building totals, grade level and program level to include vocational and special education students. The basis of projections has been cohort survival analysis. Cohort survival is the analysis of a group that has a common statistical value (grade level) as it progresses through time. In a stable population the cohort would be 1.00 for all grades. This analysis uses historical information to develop averages and project the averages forward. This method does not trace individual students; it is concerned with aggregate numbers in each grade level The district has used this method with varying years of history and weighted factors to study , several projections. Because transfers in and out of the school system are common,student migration is factored into the analysis as it increases or decreases survival rates. Entry grades (kindergarten) are a unique problem in cohort analysis The district collects information on birth rates within the district's census tracts, and treats these statistics as a cohort for kindergarten enrollment in the appropriate years. The Federal Way School District is using various statistical methods for projecting student enrollments. The resultant forecasted enrollments are evaluated below. The first method is a statistical cohort analysis that produces ten distinct forecasts. These are forecast of enrollment for one year. The projections vary depending on the number of years of historical information and how they are weighted. A second method is a projection using an enrollment projection software package that allows the user to project independently at school or grade level and to aggregate these projections for the district level. The Enrollment Master software provides statistical methods including trend line, standard grade progression (cohort) and combinations of these methods. This software produces a five-year projection of school enrollment. In November of 2001, the District contracted a demographer to develop projections for the Federal Way School District. The report was complete in January 2002. The model used to forecast next year's enrollment uses cohort survival rates to measure grade to grade growth, 16 1 FEDERAL WAY PUBLIC SCHOOLS 2004/05 CAPITAL FACILITIES PLAN assumes market share losses to private schools (consistent with county-wide average), assumes growth from new housing or losses due to net losses from migration. This forecast was provided as a range of three projections. The report substantiated that for next year, Federal Way expects little or no growth. The long-range forecast provided with this report used a model with cohort survival rates and growth rates based on projected changes in the 5- 19 age group for King County. Most of the methods used for long range enrollment reporting assume that enrollment is a constant percent of something else (e.g. population) or that enrollment will mirror some projected trend for the school-age population over time. The report included 5 different calculations to provide a range of possible projections for the District to the year 2015. This model produces a projection that is between 24,000 and 26,000 when applied to the low, medium and high range modes. This provides a reasonable range for long-range planning and is consistent with estimates from various models. Long-range projections that establish the need for facilities are a modification of the cohort survival method. The cohort method of analysis becomes less reliable the farther out the projections are made. The Federal Way School District long-range projections are studied annually. The study includes information from the junsdictional demographers as they project future housing and population in the region. The long-range projections used by Federal Way Public Schools reflect a similar age trend in student populations as the projections published by the Office of Financial Management for the State of Washington Near term projections assume some growth from new housing, which is offset by current local economic conditions. The District tracks new development from four permitting jurisdictions. Long range planning assumes a student yield from proposed new housing consistent with histoncal growth patterns Growth Management requires jurisdictions to plan for a minimum of twenty years. The Federal Way School District is a partner in this planning with the various junsdictions 1 comprising the school distnct geography. These projections create a vision of the school district in the future. f 17 1 FEDERAL WAY PUBLIC SCHOOLS 2004/05 CAPITAL FACILITIES PLAN Full Time Equivalent Enrollment History and Projections Simplified FTE(K Headcount= 5 FTE;Middle School FTE=989 Headcount,Senior High FTE=.939 Headcount) Total K-12 Percent School Year Elementary Middle School Senior High FTE Change 1997-98 11,123 5,073 4,082 20,278 1998-99 11,480 5,080 4,120 20,680 190/0 1999-00 11,622 5,110 4,348 21,079 1.90/0 2000-01 11,640 5,300 4,390 21,330 12% 2001-02 11,498 5,331 4,415 21,244 -0.4% 2002-03 11,202 5,448 4,405 21,055 -0 9% * 2003-04 9,127 5,518 6,327 20,972 -0.4% P2004-05 8,988 5,541 6,494 21,023 0.2% P2005-06 8,999 5,510 6,674 21,183 0.8% P2006-07 9,079 5,379 6,785 21,243 0.3% P2007-08 9,317 5,303 4895 21,515 L3% P2008-09 9,506 5,313 6,882 21,701 0.9% P2009-10 9,636 5,379 6,883 21,899 0.9% *New Configuration Elementary K-5 Middle School 6-8 High School 9-12 Enrollment History and Six Year Forecast 23,000 2 5% 22,000 2 0% 21,000 �_ 15% '3n �L 0 20,000 r= n 10% 49 s 19,0003 0 5% v o c 0 18,000 y' 0 0% r 7x Y 17,000 `F 0 5% 16,000 10% -1 5% 00 90 Z7 bi bc� I& iY s % 191, �O School Year ©FTE Percent of Change 18 j I FEDERAL WAY PUBLIC SCHOOLS 2004/05 CAPITAL FACILITIES PLAN Capacity Summaries All Grades,Elementary, Middle School, and Senior High Schools The Capacity Summaries combine Building Capacity information and the Student Forecast information. The result demonstrates the requirements for new or remodeled facilities and why there is a need for the District to use temporary facilities or interim measures. The information is organized in spreadsheet format, with a page summarizing the entire District, and then evaluating capacity vs. number of students at elementary, rmddle school, and senior high levels individually. The notes at the bottom of each spreadsheet provide information about what facilities are in place each year. 19 i FEDERAL WAY PUBLIC SCHOOLS 2004/05 CAPITAL FACILITIES PLAN ! CAPACITY SUMMARY-ALL GRADES Actual -- Projected-- CAPACITY 2003 2004 2005 2006 2007 2008 2,009 BUILDING PROGRAM CAPACITY 20,439 20,439 20,413 21,087 21,061 21,035 21,035 Add or subtract changes to capacity Special Education Changes (26) (26) (26) (26) Truman High modernization and expansion Increase Capacity at Three High Schools New Middle School 700 Federal Way Public Academy Todd Beamer High School Adjusted Program Capacity 20,439 120,413 121,087 121,061 121,035 121,035 21,035 ! ENROLLMENT Basic FFE Enrollment 20,972 21,023 21,183 121,243 121,515 21,701 21,898 Internet Academy Enrollment(AAFFE) 288 288 288 288 288 288 288 Basic FTE Enrollment without Internet Academy 20,684 1 20,735 120,895 20,955 21,227 121,413 21,610 SURPLUS OR(UNHOUSED) PROGRAM CAPACITY (245) 1 (322) 1 192 106 (192) 1 (378) (575) RELOCATABLE CAPACITY Current Portable Capacity 2,394 2,394 2,394 2,394 2,494 2,594 2,462 Add/Subtract Portable Capacity Add New Portable Capacity 100 100 Deduct Portable Capacity Adjusted Portable Capacity 2,394 2,394 2,394 2,494 2,594 2,594 2,462 SURPLUS OR(UNHOUSED) PROGRAM AND RELOCATABLE CAPACITY 2,149 2,072 2,586 2,600 2,402 2,216 1,867 20 FEDERAL WAY PUBLIC SCHOOLS 2004/05 CAPITAL FACILITIES PLAN CAPACITY SUMMARY-ELEMENTARY SCHOOLS Actual -- Projected-- CAPACITY 2003 2004 2005 2006 2007 2008 2009 BUILDING PROGRAM CAPACITY 9,356 9,330 9,304 9,278 9,252 9,252 9,252 1. Special Education Changes (26) (26) (24) (26) Adjusted Program Capacity 9,330 1 9,304 9,278 9,252 9,252 9,252 1 9,252 ENROLLMENT Basic F17E Enrollment 9,127 8,988 8,999 9,079 9,317 9,506 9,636 2 Internet Academy(AAFI'E) 32 32 32 32 32 32 32 Basic FrE Enrollment without Internet Academy 9,095 8,956 8,967 9,047 9,285 91474 9,604 SURPLUS OR(UNHOUSED) PROGRAM CAPACITY 235 348 311 205 (33) (222) (352) RELOCATABLE CAPACITY 3 Current Portable Capacity 1,450 1,450 1,450 1,450 1,450 1,450 1,450 Add/Subtract portable capacity Adjusted Portable Capacity 1,450 1,450 1,450 1,450 1,450 1,450 1,450 SURPLUS OR(UNHOUSED) PROGRAM AND RELOCATABLE CAPACITY 1,685 1,798 1,761 1,655 1,417 1,228 1,098 NOTES: 1. Add Programs 2 ECEAP, 1 SBD (Severely Behavioral Disordered) and 1 Pre-School Program This reduces Basic Education capacity in the school years indicated 2 Internet Academy students are included in projections but do not require full time use of school facilities 3 Relocatable Capacity is based on the number of portables available and other adnnmstrative techniques which can be used to temporarily house students until permanent facilities are available This is a calculated number only The actual number of portables that will be used will be based on actual student population needs 21 FEDERAL WAY PUBLIC SCHOOLS 2004/05 CAPITAL FACILITIES PLAN CAPACITY SUMMARY-MIDDLE SCHOOLS Actual -- Projected-- CAPACITY 2003 2004 2005 2006 2007 2008 2009 BUILDING PROGRAM CAPACITY 4,762 4,762 4,762 5,462 5,462 5,462 5,462 1. New Middle School 700 Adjusted Program Capacity 4,762 4,762 5,462 5,462 5,462 5,462 5,462 ENROLLMENT Basic FIB Enrollment 5,518 1 5,541 15,510 1 5,379 1 5,303 5,313 5,379 2 Internet Academy (AAFTE) 92 92 92 92 92 92 92 Basic FTE Enrollment without Internet Academy 5,426 5,449 5,418 5,287 5,211 5,221 5,287 SURPLUS OR(UNHOUSED) -T PROGRAM CAPACITY (664) (687) 44 175 251 241 175 RELOCATABLE CAPACITY 3 Current Portable Capacity 735 735 735 735 735 735 735 Add/Subtract portable capacity Add new portable capacity Adjusted Portable Capacity 735 735 735 735 735 735 735 SURPLUS OR(UNHOUSED) PROGRAM AND RELOCATABLE 4 CAPACITY 71 48 779 910 986 976 910 NOTES: 1. New Middle School to Open 2 Internet Academy students are included in projections but do not require full time use of school facilities 3 Relocatable Capacity is based on the number of portables available and other administrative techniques which can be used to temporarily house students until permanent facilities are available This is a calculated number only. The actual number of portables that will be used will be based on actual student population needs 4 Capacity for unhoused students will be accommodated with traveling teachers and no planning time in some classroom 22 1 FEDERAL WAY PUBLIC SCHOOLS 2004/05 CAPITAL FACILITIES PLAN CAPACITY SUMMARY- SENIOR HIGH SCHOOLS Actual -- Projected-- CAPACITY 2003 2004 2005 2006 2007 2008 2009 BUILDING PROGRAM CAPACITY 6,321 6,321 6,321 6,321 6,321 6,321 6,321 Add or subtract changes in capacity Adjusted Program Capacity 1 6,321 1 6,321 16,321 6,321 16,321 1 6,321 6,321 ENROLLMENT Basic FTE Enrollment 6,327 6,494 1 6,674 16,785 6,895 6,882 6,883 1 Internet Academy(AAFTE) 164 164 164 164 164 164 164 Basic Ed without Internet Academy 6,163 61330 6,510 6,621 6,731 6,718 6,719 SURPLUS OR(UNHOUSED) PROGRAM CAPACITY 158 (9) 1 (189) (300) (410) (397) (398) RELOCATABLE CAPACITY 2 Current Portable Capacity 209 209 209 209 309 409 409 3 Add new portable capacity 100 100 Adjusted Portable Capacity 209 209 209 309 409 409 409 SURPLUS OR(UNHOUSED) PROGRAM AND RELOCATABLE 4. CAPACITY 367 200 20 9 (1) 12 11 NOTES: 1. Internet Academy students are included in projections but do not require full time use of school facilities 2 Relocatable Capacity is based on the number of portables available and other adinmistrative techniques which can be used to temporarily house students until permanent facilities are available This is a calculated number only The actual number of portables that will be used will be based on actual student population needs 3 Add Portable Capacity 4 Capacity for unhoused students will be accommodated with traveling teachers and no planning time in some classroom Puget Sound Early College will house approximately 60 of the unhoused students Federal Way Public Academy may i to include grades 10 and 11. This would provide program for additional high school students i 23 FEDERAL WAY PUBLIC SCHOOLS 2004/05 CAPITAL FACILITIES PLAN t King County, the City of Federal Way, and the City of Kent Impact Fee Calculations r Single and Multi-Family Residences ■ Each jurisdiction that imposes school impact fees requires that developers pay these fees to help cover a share of the impact of new housing developments on school facilities. To determine an equitable fee throughout unincorporated King County, a formula was established. This formula can be found in King County Code 21A and was substantially adopted by the City of Federal Way and Kent. The formula requires the District to establish a "Student Generation Factor' which estimates how many students will be added to a school district by each new single or multi-family unit and to gather some standard construction costs, which are unique to that district. - STUDENT GENERATION FACTOR ANALYSIS Federal Way Public Schools student generation factor was determined separately for single-family units and multi-family units. The factors used in the 2004105 Capital Facilities Plan were derived using actual generation factors from single family units which were constructed in the last five (5) years The multi-family yield is derived from an average of other King County school districts. -IMPACT FEE CALCULATION Following the calculations for the student generation factor is a copy of the Impact Fee Calculation for single family and multi-family units based on King County Code 21A and the Growth Management Act. ➢ Temporary Facility Cost is the average cost of a portable purchased within the last 12 months. ➢ Site Acquisition Costs is the per acre cost of the last school site purchased (site 45); this is a negotiated purchase price. Plan Year 2004105 Plan Year2003104 Collection Year 2004 Collection Year 2003 Single Family Units $2868. $3269. Multi-Famil Units $ 905. 940. 24 FEDERAL WAY PUBLIC SCHOOLS 2004/05 CAPITAL FACILITIES PLAN n Count the City of Federal Way, and the City of Kent Impact Fee Calculations Single and Multi-Family Residences Each juris ' tion that imposes school impact fees requires that developers pay these fees to help cover a hare of the impact of new housing developments on school facilities. To determine equitable fee throughout unincorporated King County, a formula was established. Thi formula can be found in King County Code 21A and was substantially adopted by the Cit of Federal Way and Kent. The formula requires the District to establish a "Student Generation actor" which estimates how many students will be added to a school district by each new s' gle or multi-family unit and to gather some standard construction costs, which are unique t that district. - STUDENT GENERATIO ACTOR ANALYSIS Federal Way Public Schools stu nt generation factor was determined separately for single- family units and multi-family unit The factors used in the 2004/05 Capital Facilities Plan were derived using actual generation actors from single family units which were constructed in the last five (5) years. The multi- roily yield is derived from an average of other King County school districts. - IMPACT FEE CALCULATION Following the calculations for the student gene lion factor is a copy of the Impact Fee Calculation for single family and multi-family units ased on King County Code 21A and the Growth Management Act. ➢ Temporary Facility Cost is the average cost of a po ble purchased within the last 12 months. ➢ Site Acquisition Costs is the per acre cost of the last schoo site purchased (site 45); this is a negotiated purchase price. Plan Year 2004/05 Van Year 2003104 Collection Year 2004 Co ction Year 2003 Single Family Units $3034. $3269. Multi-Family Units $ 947. 40. j 24 C (D O U1 U) In O (D N �} O m 0 N O N co o Vl to N O �D O V icr0) 00inv F- y LL 0 0 0 0 0 o r � 0 0 d r p = d Onc ocon � rl cOvnoc) vao 0) 10 Q ; cf v:: cq c0oo) 000 Cm y tL 00000o 0000 Cv y 0 U = O cv O f0D O 0 N ON) CO N W 2 V f0 0 c o l'o D cO aD O t0 m O m N N N N , O N LL 0 0 0 0 0 0 0 0 0 0 O 32 4 C LO f0 ((7� <F I� O r to N Q� N CO Y V to (O N faD n f0 cm M !�' 0 W o N r m 7 O a a N m N V c0 07 N LL 0 0 0 0 0 0 0 0 0 0 cs F O O O O O G W a W . 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OM c -03 0 d 'Col 7 N C '�O 2 =Cr, o )0 y m N imc� v� i3 > 00 o o o 0 0 0 0 00 m rn FEDERAL WAY PUBLIC SCHOOLS 2004/05 CAPITAL FACILITIES PLAN IMPACT FEE School Site Acquisition Cost: Student Student Facility Cost/ Facility Factor Factor Cost/ Cost/ Acreage Acre capacity SFR MFR SFR MFR Elementary 0 _$0 __..r _._407 M 0 3138 01190 $0 $0 Middle School 21 80 587,747 758 01632 00420 $412 $106 Sr High 4120 $82,733 1,493 01695 00530 $387 $121 TOTAL $799 $227 School Construction Cost: Student Student %Perm Fac./ Facility Facility Factor Factor Cost/ Cost/ Total S Ft Cost Capacity SFR MFR SFR MFR. Elementary 96 32% $0 407 0 3138 01190 $0 $0 _.. _ .._....._...._..._.. Middle School 96 32% $18,352,956 758 0 1632 0 0420 53,806 $979 ....... _ ._... _...._..._.. ..... . ..... .. Sr High 9632% $46,468,638 1,493 0.1695 00530 $5,081 $1,589 TOTAL 1 $8,8871 $2,568 Temporary Facility Cost: Student Student %Temp Fac Facility Facility Factor Factor Cost/ Cost/ Total Sq Ft Cost Size SFR MFR SFR MFR. Element 3 68% $0 25 931381 01190 $0 $0 Middle School 3 68°k $0 25 0 1632 0 0420 $0 $0 Sr High 368% $82,151 25 01695 00530 $20 $6 TOTAL $20 $6 State Matching Credit Calculation: Student Student Boeck Cosy Sq Ft State Factor Factor Cost/ Cost/ Sq Ft Student Match SFR MFR SFR MFR Elementary $129 81 E i0i.. 0 00,1019.31381 011901 $0 $0 Middle School $129 81 1 IO 0 00% 0 1632 0 0420 $0 $0 New Sr High $129 81 120 59 97% 016951 005301 $1,583 $495 Total $1,583 $495 Tax Payment Credit Calculation SFR MFR Average Assessed Value (Apnl 2004) $213,859 $44,571 Capital Bond Interest Rate(March 2004) 4 35% 4 35% Net Present Value of Average Dwelling $1;704,756� $355.293N Years Amortized 10 10 Property Tax Levy Rate $1 40 $1 40 Present Value of Revenue Stream $2,387 $497 Single Family Multi-Family Residences Residences Mitigation Fee Summary Site Acquisition Cost $ 799 $ 227 Permanent Facility Cost $ 8,887 $ 2,568 Temporary Facility Cost $ 20 $ 6 State Match Credit $ (1,583) $ (495) Tax Payment Credit $ (2,387) $ (497) Sub-Total $ 5,737 $ 1,809 50%Local Share $ 2,868 $ 905 Im act Fee $ 2,868 $ 905 26 FEDERAL WAY PUBLIC SCHOOLS 2004/05 CAPITAL FACILITIES PLAN IMPACT FEE School Site Acquisition Cost: Student Student Facihty Cost/ Facility Factor Factor Cost/ Cost/ Acreage Acre Capacity SFR MFR SFR MFR Elementary 0.00 $0 __407 0 3138 Y^ 0 1190 $0 $0 Middle School 2180 $87,747 758 0 1632 0 0420 $412 $106 Sr High 41201 $82,733 1,493 0 1695 005301 $387 $121 TOTAL $799 $227 School Construction Cost: Student Student %Perm F / Facility Facility Factor Factor Cost/ Cost/ Total Sq Ft Cost Capacity SFR MFR SFR MFR Elementary 96 32% $0 407 0.3138 01190 $0 $0 Middle School 9632% $1 ,952,956 758 01632 00420 $4,138 $1,065 Sr High 96 32% $46;468,638 1,493 0 1695 00530 $5,081 $1,589 TOTAL $9,219 $2,654 Temporary Facility Cost: �1, Student Student %Temp Fac Facility Facility Factor Factor Cost/ Cost/ Total Sq Ft Cost \ Size SFR MFR SFR MFR Elementary 3 68% $0 '� 25 031381. 0 1190 $0 $0 . . .. . _ Middle School 3 68% $0 \ 25 0 1632 00420 $0 $0 Sr High 3 68% $82,151 25 01695 0 0530 $20 $6 TOTAL $20 $6 State Matching Credit Calculation: Student Student Boeck Cost/ Sq Ft State Factor Factor Cost/ Cost/ Sq Ft Student Match SFR MFR SFR MFR Elementary $129 81 80 0 00% \ 0 3138 Oil 90 il90 $0 $0 Middle School $129 8 L 110 0 00% 0 1632 0.0420 $0 $0 New Sr High $129 81 126 59 97% 1695 0 0530 $1,583 $495 \cs $1,583 $495 Tax Payment Credit Calculation SFR MFR Average Assessed Value (Apn12004) $213,859 $44,571 Capital Bond Interest Rate(March 2004) 4 35% 4 35% Net Present Value of Average Dwelling $1,704,756 $355,293 Years Amortized 10 10 Property Tax Levy Rate $140 S 1 40 Present Value of Revenue Stream $2,387 $497 Single Faamily Residenences Mitigation Fee Summary Site Acquisition Cost $ 227Permanent Facility Cost $ 9, 2,654Temporary Facility Cost $ 6State Match Credit $ (1, (495)Tax Payment Credit $ (2, (497)Sub-Total $ 6, 1,895 50%Local Share $ 3,034 $ 947 Im act Fee $ 3,034 $ 947 26 i FEDERAL WAY PUBLIC SCHOOLS 2004/05 CAPITAL FACILITIES PLAN i SECTION 4 SUMMARY OF CHANGES FROM THE 2002/03 CAPITAL FACILITIES PLAN The 2004/05 Capital Facilities Plan is an updated document, based on the 2003/04 Capital Facilities Plan. The changes between the 2003/04 Plan and the 2004/05 Plan are listed below. SECTION I- THE CAPITAL FACILITIES PLAN SIX-YEAR FINANCE PLAN The Six Year Finance Plan has been rolled forward to reflect 2004/2009 SECTION III - SUPPORT DOCUMENTATION CAPACITY Elementary school capacity reflects program changes for the 2004/05 school year. Middle School capacity changes reflect the transition from Junior High to Middle School and Board adopted program changes for the middle school program. Elementary capacity includes space for All Day Kindergarten programs at every elementary school. Building Program Capacities are found on page 13. PORTABLES The list of portables reflects the movement of portables between facilities or new portables purchased. Portable Locations can be found on page 15. STUDENT FORECAST The Student Forecast now covers 2004 through 2009. Enrollment history and projections are found on page 18. CAPACITY SUMMARY The changes in the Capacity Summary are a reflection of the changes in the capacities and student forecast. New schools and increased capacity at current buildings are shown as increases to capacity. Capacity Summaries are found on pages 20-23. 27 i FEDERAL WAY PUBLIC SCHOOLS 2004/05 CAPITAL FACILITIES PLAN IMPACT FEE CALCULATION- KING COUNTY CODE 21A The Impact Fee Calculations have changed due to changes in several factors. The adjustment made in the Impact Fee Calculation, causing a change in the Impact Fee between the 2003/04 Capital Facilities Plan and the 2004/05 Capital Facilities Plan can be found on page 29. f i 28 i FEDERAL WAY PUBLIC SCHOOLS 2004/05 CAPITAL FACILITIES PLAN IMPACT FEE CALCULATION CHANGES FROM 2002/03 TO 2004105 STUDENT GENERATION FACTORS Student Generation factors are based on rates for new developments constructed over a period of not more than five years prior to the date of the fee calculation. The changes in student Generation factors between the 2003/04 Capital Facilities Plan and the 2004/05 Capital Facilities Plan are due to developments that were deleted or added based upon the age of the developments and the year placed in the survey. The Student Generation worksheet is found on page 25. 1 SITE ACOUISMON COSTS The negotiated purchase price for the Todd Beamer High School site was $80,000 per acre. This is the base line cost for acreage The assessed valuation for the Federal Way Public Academy land was $521,000 at the time of purchase. The calculated cost per acre in the impact fee calculation is a weighted calculation using the $80,000 per acre for Todd Beamer and the assessed valuation at the time of purchase for the Federal Way Public Academy Federal Way Public Academy is a 3-acre site The grade span for this facility is grades 6-10. Middle school accounts for 60% of the cost; senior high is 40%. Todd Beamer: 40 x $80,000. =$3,200,000. FWPA $ 208,600 (40% of$521,500, 1.2 acres of 3 acre parcel) Total Cost $3,408,600 Cost/Acreage $3,408,600/41.2 =$82,733 Cost per acre for High School Middle School: 20 x $80,000 = $1,600,000 FWPA $ 312,900 (1.8 acres of 3 acre parcel) ITotal Cost $1,912,900 Cost/Acreage $1,912,900/21.8 = $87,747 cost per acre SCHOOL CONSTRUCTION COSTS Todd Beamer construction costs is $44,500,000, The costs for the new middle school are set at$15,400,000. The cost for Federal Way Public Academy(exclusive of land) is $4,921,594 The Federal Way Public Academy costs are split 60% to middle school and 40% to senior high in the impact fee calculation. 29 i FEDERAL WAY PUBLIC SCHOOLS 2004/05 CAPITAL FACILITIES PLAN IMPACT FEE CALCULATION CHANGES FROM 2002/03 TO 2004105 IMPACT FEE Item From/To Comment Percent of Permanent Facilities 96.41 to Report#3 OSPI 96.32% Percent Temporary Facilities 3.59%to 3.68% Updated portable inventory Temporary Facility Cost $79,695. to Average cost of temporary facilities in $82J51. the 2002/03 calendar year. Boeck Cost/Sq. Ft $114.88 to Change per OSPI $129.81 State Match 60.91% to Change per OSPI 59.97% Average Assessed Value SFR— Per Puget Sound Educational Service $203,630 to District (ESD 121) $213,859 MFR— $51,340 to $449571 Capital Bond Interest Rate 4.69% to Market Rate 4.35% Property Tax Levy Rate $1.46 to King County Treasury Division $1.40 30 CONSENT CALENDAR 6. City Council Action: ac/ Councilmember moves, Councilmember seconds to approve Consent Calendar Items A through]! Discussion Action MU 6A. Approval of Minutes. Approval of the minutes of the regular Council meeting of November 2, 2004. 6B. Approval of Bills. Approval of payment of the bills received through October 31 and paid on October 31 after auditing by the Operations Committee on November 2, 2004. Approval of checks issued for vouchers: Date Check Numbers Amount 10/31/04 Wire Transfers 1860-1873 $191319559.13 10/31/04 Prepays & 569569 433,971.90 10/31/04 Regular 570126 2,255,144.63 $3,820,675.66 Approval of checks issued for payroll for October 1 through October 15 and paid on October 20, 2004: Date Check Numbers Amount 10/20/04 Advices 170610-171262 $11206,882.08 10/20/04 Checks 279977-280243 219,169.07 $114269051.15 Council Agenda Item No. 6 A-B K EN T Kent City Council Meeting W A 5 H I N G T O N November 2, 2004 The regular meeting of the Kent City Council was called to order at 7:00 p.m. by Mayor White. Councilmembers present: Clark, Harmon, Peterson, Ranniger, Raplee, Thomas and White. (CFN-198) CHANGES TO AGENDA A From Council, Administration, or Staff. (CFN-198) Martin added a personnel matter to the pending litigation item already on the Executive Session, and noted that no action afterward is anticipated. B. From the Public. (CFN-198) Bob O'Brien asked to discuss Consent Calendar Item 6G, Eagle Creek Park proceeds from sale. The Mayor agreed to meet with O'Brien on this matter. PUBLIC COMMUNICATIONS A. Suburban Cities Association Executive Director Karen Goroski. (CFN-198) Ms Goroski introduced herself and outlined upcoming events. B. Employee of the Month. (CFN-147) Paula Barry, Senior Analyst in the Finance Department, was presented with the Employee of the Month Plaque. C. Introduction of Appointee. (CFN-174) Dana Ralph, the Mayor's appointee to the Land Use and Planning Board, was introduced. PUBLIC HEARINGS A. McMillin Street Vacation. (CFN-102) Kent School District 4415 has requested vacation of a portion of McMillin Street between State and Kennebeck Avenues, and the alley 1 directly north. Staff recommends approval with conditions. Mayor White opened the public hearing. Larry Price and Fred High of the School District spoke in favor of the vacation. There were no further comments from the audience and PETERSON MOVED 1 to close the public hearing. Clark seconded and the motion carried. CLARK MOVED to approve staff s recommendation of approval with conditions of the petition to vacate a portion of McMillin Street between State and Kennebeck Avenues, and the alley directly north,as referenced in Resolution No 1685, and to direct the City Attorney to prepare the necessary ordinance upon compliance with the conditions of approval, and to make the report and recommendation a part of the record. White seconded and the motion carried CONSENT CALENDAR PETERSON MOVED to approve Consent Calendar Items A through Z, with clarification that Councilmember Harmon recused himself from voting on Item V, the Copper Ridge resolution Clark seconded and the motion carried. tA. Approval of Minutes. (CFN-198) The minutes of the regular Council meeting of October 19, 2004 were approved. ' B. Approval of Bills. (CFN-104) Payment of the bills received through September 30 and paid on September 30 after auditing by the Operations Committee on October 5, 2004 were approved. 1 Kent City Council Minutes November 2, 2004 Approval of checks issued for vouchers- Date Check Numbers Amount 9/30/04 Wire Transfers 1832-1845 $1,201,279.84 9/30/04 Prepays & 568352 1,822,083.40 9/30/04 Regular 568835 1,827,155.45 $4,850,518.69 Approval of checks issued for payroll for September 16 through September 30 and paid on October 5, 2004: Date Check Numbers Amount 10/5/04 Advices 169954-170609 $1,180,897.68 1015104 Checks 279726-279976 229,502 32 $1,410,400.00 C. 2005 Annual Budget—Set Date for Second Public Hearing. (CFN-186) November 16, 2004 was set for the second public hearing on the 2005 Annual Budget at the regular City Council meeting. D. 2005-2010 Capital Improvement Plan—Set Date for Second Public Hearing. (CFN-775) November 16, 2004 was set for the second public hearing on the 2005-2010 Capital Improvement Plan at the regular City Council meeting. E. 2004 Tax Levy for 2005 Budget—Set Date for Public Hearing. (CFN-104) November 16, 2004 was set as the public hearing date for the 2004 Tax Levy on the 2005 budget. F. Third Ouarter Parks Development Fee. (CFN-118) The fee-in-lieu funds from developers in the total amount of$48,000 were accepted and the expenditure of funds in the Clark Lake Park and East Hill Skate Park budgets was authorized. G. Eagle Creek Park Proceeds From Sale. (CFN-118) The proceeds from the sale of the Clasen property for Eagle Creek park in the amount of$141,825.27 were accepted and the expenditure of funds in the Eagle Creek park development budget was authorized. H. Dr. Jacob Wagner Donations. (CFN-118) The $540 in donations from family and friends of the late Dr. Jacob Wagner to support a family memorial at Clark Lake Park was accepted and the expenditure of funds in the Clark Lake Park budget was authorized. I. Washington State Arts Commission Grant. (CFN-118) The $6,361 grant from the Washington State Arts Commission (WSAC) for general operating support was accepted and the expenditure of funds in the Kent Arts Commission's budget was authorized. J. 2005 Community Development Block Grant Annual Action Plan. (CFN-493) The proposed Community Development Block Grant 2005 Action Plan, including funding allocations and contingency plans,was approved and the Mayor was authorized to execute the appropriate certifications and agreements. 2 Kent City Council Minutes November 2, 2004 K. Clark Lake Management and Master Plan. (CFN-1246) The Clark Lake Management and Master Plan was accepted. L. Ordinances Supporting Regulations to 2004 Comprehensive Plan. (CFN-377,131&961) The following ordinances for supporting regulations to the 2004 Comprehensive Plan Update as recommended by the Planning &Economic Development Committee were adopted: Ordinance No. 3719 relating to zoning map changes for property more specifically identified in the ordinance, Ordinance No. 3720 amending Chapter 12.01 to include a notification process for owners of property located within 500 feet of real property with a land use designation of Agricultural Resource Land; Ordinance No. 3721 revising the zoning map legend for MR-G from Garden Density Multifamily to Low Density Multifamily; and Ordinance No. 3722 amending Chapter 12.02 to include a docketing process for comprehensive plan and development regulation amendments. M. Addendum to Agreement for Fire and Life Safety Services and Joint Operation of Facilities. (CFN-122) The Mayor was authorized to sign an Addendum to the Agreement for Fire and Life Safety Services and Joint Operation of Facilities with King County Fire Protection District#37. N. Purchase of One Medium Duty Aid Vehicle. (CFN-122) The purchase of one medium duty aid vehicle from Pierce Manufacturing was authorized O. Local Hazard Mitigation Plan Resolution. (CFN-122) Resolution No 1689 adopting the City's Local Hazard Mitigation Plan was adopted. P. Department of Education Grant Award. (CFN-122) The Department of Education Grant Award was accepted. 1 Q. Release of Waterline Easement to Kent School District. (CFN-1038) The Mayor was authorized to execute all necessary document(s) required to release any and all City rights in the waterline easement, as reflected in Exhibit A to the document release form from the Kent School District upon the receipt of the respective new waterline easements. R. S. 212th St. Pavement Rehabilitation. (CFN-1054) The South 212`h St Pavement Rehabilitation project was accepted as complete and release of the retainage to Western Asphalt, Inc. upon standard releases from the state and release of any liens was authorized. iS. Project Cooperation Agreement With The Department Of The Army Corps Of Engineers (CFN-1038) The Mayor was authorized to sign the Project Cooperation Agreement with the Army Corps of Engineers for the construction of the Meridian Valley Creek Ecosystem Restoration project. T. S. 192nd/Springbrook Creek Culvert Replacement. (CFN-) The South 192nd/Springbrook Creek Culvert Replacement project was accepted as complete and release of the retamage to Tri- State Construction upon standard releases from the state and release of any liens was authorized. U Comprehensive Plan/Capital Facilities Element Amendment and Update to Kent City Code Chapter 12.13. (CFN-961&775) November 16, 2004 was set as the date for a public hearing to consider amendment of the Capital Facilities Element of the Kent Comprehensive Plan 3 Kent City Council Minutes November 2, 2004 and amendment of Chapter 12.13 of the Kent City Code to incorporate the updated Capital Facilities Plans of the Aubum, Kent and Federal Way School Districts, and to incorporate changes to adopted school impact fees. V. Copper Ridge Resolution. (CFN-1293) Resolution No. 1690 sustaining the Kent Hearing Examiner's May 6, 2004 Decisions on Recommendation was adopted. W. Deal Rezone Ordinance. (CFN-121) Ordinance No. 3723 relating to land use and zoning, rezoning approximately 1.07 acres of property located at 302 Summit Avenue North from Duplex, Multifamily Residential District (MR-D) to Multifamily Residential Townhouse District (MR-T16) was adopted. X. Washington Traffic Safety Commission Grant for"Drive Hammered Get Nailed" Campaign. (CFN-122) Application for the Washington Traffic Safety Commission Grant for "Drive Hammered Get Nailed"campaign was authorized. Y. Washington Traffic Safetv Commission Grant for Holiday DUI Enforcement Campaign. (CFN-122) Application for the Washington Traffic Safety Commission Grant for holiday DUI enforcement campaign was authorized. Z. Land Use And PlanninLy Board Appointment. (CFN-174) The Mayor's appointment of Ms. Dana Ralph to serve as a member of the Kent Land Use and Planning Board was confirmed. OTHER BUSINESS A. Critical Areas Ordinance. (CFN-961) Following a public hearing before the Land Use and Planning Board, the Planning Committee has recommended approval of the proposed changes to the critical areas regulations. Staff described the changes and answered questions from Councilmembers PETERSON MOVED to send this matter to the November 15, 2004, Planning and Economic Development Committee for further work and to bring it to full Council on November 16, 2004. White seconded and the motion carried. REPORTS , Public Works. (CFN-198) White noted that the next meeting will be at 5:00 p.m. on November 15th. Planning and Economic Development Committee. (CFN-198) Clark noted that the next meeting will be on November 15 at 4:00 p.m. EXECUTIVE SESSION At 8:02 p.m. Martin reminded Councilmembers of an executive session of approximately ten minutes, and the regular meeting recessed. ADJOURNMENT At 8:16 p.m. the meeting reconvened and PETERSON MOVED to adjourn. White seconded and the motion carried. Brenda Jacober, CNAC City Clerk 4 Kent City Council Meeting Date November 16, 2004 Category Consent Calendar 1. SUBJECT: 2005 LEGISLATIVE AGENDA—ADOPT 2. SUMMARY STATEMENT: Adoption of the 2005 Legislative Agenda as attached, which is largely unchanged from the document that the City Council discussed at a workshop earlier this month. 3. EXHIBITS: 2005 Legislative Agenda 4. RECOMMENDED BY: Operations Committee (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? N/A Revenue? N/A Currently in the Budget? Yes No If no: Unbudgeted Expense: Fund Amount $ Unbudgeted Revenue: Fund Amount $ 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 6C 1 I City of Kent 2005 Legislative Agenda The City of Kent's 2005 Legislative Agenda is divided as follows: 1 The 2005 Action Issues are items we consider to be extremely important for the City of Kent—enough so to devote maior efforts and lobbying toward them in hopes of having legislative and/or budget provisions enacted in 2005. Items are alphabetized by general subject area(e g Economic Development, Finance, etc). 2 The 2005 Support/Oppose List notes items that are very important to Kent, and will involve the City's use of lobbying time and effort to either support beneficial measures or strongly oppose enactment of adverse ones 3. The 2005 Track/Monitor List notes important issues the City will track and monitor— and involve itself in to a higher degree if necessary—during the upcoming session. t t City of Kent 2005 Legislative Agenda 2005 Action Issues(In alphabetical order of subject matter) Capital Budget far 2005-07 • Clark Lake: Kent has been successful in recent years in securing nearly$3.3 million in state and county funding for its acquisition of properties around Clark Lake on the City's East Hill. This includes a$400,000 line-item in the 2003-05 Capital Budget Kent has been extraordinarily grateful for the state and local assistance it has received in preserving this pristine area that is increasingly encroached upon by urban development. Additional funds are still needed to fully secure the open-space acreage around Clark Lake. Because the preservation of Clark Lake is a regional project, and because so much urban encroachment has occurred around the lake,a number of state legislators have been sensitive to this capital funding need and have been extremely helpful to the City For the 2005-07 Capital Budget. the City will be actively on the lookout for opportunities to secure additional state funding for Clark Lake open-mace preservation • Redevelopment of Park-and-Ride lot behind Regional Justice Center: Kent will look to work with area state legislators on matching funds for signalization work on roadways that access the county owned park-and-ride lot behind RIC. The City successfully worked with King County to obtain$600,000 in PSRC countywide funds,and now hopes for state funds to finance the work that can lead to commercial redevelopment of 8 acres of the 10-acre site Domestic Violence Prevention • Domestic Violence Visitation Exchange Facility: Kent will seek 2005-07 Operating Budget dollars to help with funding of this facility The Visitation Exchange facility, located near Kent City Hall,provides a secure environment for supervised visitations and dropoffs and pickups of children of domestic violence victims. Economic Development t • Capital Facilities and Infrastructure Financing: Kent will team up with a number of other big cities in promoting legislation that provides a.033 percent state sales tax credit for S10 million-projects that can be under construction within five years and can generate new revenue for state and local governments. Legislation has been drafted that allows the .033 credit to be used toward infrastructure and capital facilities that can help these$10 million projects become reality • Center for Advanced Manufacturing: Kent plans to work with area state legislators to obtain state funding for a feasibility study towards establishment of a Center for Advanced Manufacturing in the Green River Valley. A$350,000 federal grant has been secured for the $700,000 feasibility study,and funding from the City,private-sector,and ports is being paired with the federal money Kent is now hoping the state,perhaps through the 2005-07 Operating Budget, can contribute about$150,000 towards the effort It should be noted that Kent's future as a manufactured-and warehousing-based community will be impacted by how the Legislature addresses the Streamlined Sales Tax/sourcing issue at • *Cancer Treatment Centers of America: The City is a strong proponent of this project and hopes CTCA locates in Kent. We have astensked(*)this item because at this point, establishment of the facility is a regulatory matter in that a go-ahead for establishing and I constructing it depends on a"Certificate of Need"process administered by the State Department of Health. However,Kent wants area legislators to be aware of the project and its importance to the City. Fiscal Matters/Tax/Budget • Streamlined Sales Tax"Sourcing"issue: One of Kent's highest-priority issues is to ensure that any change in local sales tax `sourcing' is done in a manner that prevents the city—and numerous other"negatively impacted cities"—from losing revenue,or at least greatly minimizes any losses Current Department of Revenue `gain/loss' data shows a $3 3 million/year loss for Kent unless the State Legislature adopts a mitigation program to offset those losses Kent strongly believes there are `win-win' ways to address sourcing and will be working with legislative allies on those models • Prevent unfunded mandates,protect against erosion of local taxing authority,local financing needs: Kent will make it a high priority to head off legislation that saddles local governments with unfunded or`underfunded' mandates, or undercuts local taxing authority provided to cities Additionally,the City will work with other jurisdictions and the Association of Washington Cities(AWC)on new local government financing initiatives. Transportation • New local funding, local options: Kent will join with other cities and the Association of Washington Cities in seeking new funding for local roadways It has been 15 years since cities have received any new distribution of the state gas tax, and the loss of local funding through recent measures such as the Initiative 776 repeal of the$15 vehicle license fee threatens Kent's ability to maintain its local street system and comply with Growth Management Act(GMA)concurrency standards Thus the 2005 initiative calls for increasing direct distributions of the gas tax, as well as establishing new local funding options that cities can use, such as a street utility that meets constitutional muster Additionally,this initiative includes pursuit of new funding for state programs that assist cities in constructing roadway, freight mobility, and corridor projects Finally,the City of Kent also is a strong proponent of Commute Trip Reduction(CTR)funding and believes the state has an important role in helping to fund transit • State highway projects: In the event the 2005 Legislature looks at a new investment package for transportation, it is likely that additional funding for"Highways of Statewide Significance"will be part of the mix The City of Kent will bring the State Route 167, State Route 509,and Interstate 5/272"d Street interchange projects to the 2005 Legislature as key HSS projects worthy of additional funds • SR-167"HOT"Lane project: Kent will loin Auburn in strongly supporting a Washington State Department of Transportation(WSDOT) request bill to create a four-year pilot project on SR-167 that calls for establishment and use of a"High Occupancy Toll" (HOT)lane on a Kent-Auburn segment of the corridor. • Regional Transportation Investment District(RTID): The 2005 Session is likely to include a re-examination of the RTID statute,and whether it needs to be revised to include new taxing sources, or eligibility for a broader array of projects. There also is some legislative sentiment to rewrite the RTID statute entirely,or create a new regional funding authority in state law. The City of Kent wants to ensure that a regional funding entity is maintained to ensure that"mega-projects"such as SR-167, SR-509,and the I-405/SR-167 interchange can be woven into a package that is taken before the voters of the Central Puget Sound region. City of Kent 2005 Legislative Agenda— Support/Oppose List(In alphabetical order of subject matter) General Government • Public Disclosure Act- Join AWC/cities,counties,ports, in keeping current authority intact as validated in the recent"Hangartner"case which involves Attorney/Client privileged documents and rejecting PDA requests that are overly broad and vague. • Mobile Home Relocation Assistance Fund: Support State Community,Trade,and Economic Development(CTED)agency request legislation that increases maximum funding levels from this fund for individuals, along with allowing the assistance to be utilized more flexibly G MIAnnexation/Land-Use • "PERF"funding Support a S3 million request by CTED to recapitalize the Planning and Environmental Review Fund (PERF) The PERF program has not been funded since 1995 It had been used to provide grants to cities such as Kent(which used PERF dollars on downtown master plan work)to look at entire areas and inventory land-use,wetlands, and development issues in advance—and ultimately to expedite permitting in those areas • Annexation Reform• Kent will support additional funding and policy tools that better facilitate annexations under the Growth Management Act(GMA). One such tool is a Kirkland-initiated measure authorizing cities to use temporary utility tax surcharges to help financing new annexations in Urban Growth Areas(UGAs) An advisory committee of city and county officials convened by CTED has worked on numerous other options to be presented to the 2005 Legislature. Even with new funding and tools,the City's ability to meet annexation obligations in the future will hinge on how the Legislature deals with Streamlined Sales Tax/sourcing issues • "Best Available Science": Kent is prepared to support legislation being developed by a GMA Work Group that provides local governments with more deference and flexibility in defining"Best Available Science"for any Shoreline Master Plan or Critical Area update work. • 4 Dwelling Units/Acre flexibility for cities: Kent will support legislation developed by the AWC that is designed to provide cities and counties with more flexibility in how they meet CTED guidelines calling for a minimum density of 4 dwelling units/acre in r r residential zones. The legislation,which still needs to be drafted,could allow for use of averaging rather than a strict parcel-by-parcel reading of the guidelines. Human/Social Services • Medicaid Premiums: Support a Children's Alliance effort to prevent new Medicaid premiums from going into effect in 2005 (e g.make the 1-year reprieve more permanent) • Subsidies for child-care workers: Support a Children's Alliance effort to increase child care subsidy from DSHS for child-care workers • Food and nutrition programs Support funding for increased access to food and nutrition programs such as Food Stamps and the Woman,Infants,and Children(WIC)program • Health Care,Mental Health Treatment,Dental Services,Substance Abuse Treatment. Kent is prepared to support funding requests for greater access to these services,and insurance coverage,for low-income families and children • After-school programs- Kent will support 2005 efforts to enact a statewide vision and strategic plan for after-school programs- similar to HB 2777 of 2004. • Elimination of Community Health and Safety Networks Kent believes the Community Health and Safety Networks are duplicative and supports proposals to eliminate them • Welfare services, continuum of care- Kent wants to support and work with other human/social service advocates to protect core programs in these areas. • Housing Trust Fund- Kent would stand opposed to any legislative initiative to reduce the size of the housing trust fund or raid the fund • DSHS initiative to provide substance abuse treatment on demand for Medicaid clients I Kent will support this effort,particularly since substance abuse is one of the leading causes of homelessness and crime in South King County. The plan would be paid for by using a Medicaid cost offset ' Law-Enforcement/Crrminal Justice/Courts • DWLS 1 Fix Join with others such as police and prosecutors in pursuing a legislative remedy to the Redmond v Moore decision so DWLS 1 offenders can once again be held accountable • Seat Belt Law A mid-October State Supreme Court decision, involving a Skagit County case,has upheld the constitutionality of Washington's seat belt law However,given a couple of technical flaws in the law, it is possible that the Washington Traffic Safety 1 Commission(on which Mayor Jim White sits as a cities' representative)will bring forth a 2005 legislative initiative to provide more explicit authority instate law If so, Kent—on the advice of its Drinking Driver Prevention Task Force, will be prepared to strongly support such legislation. • Municipal Court issues/Court Funding Task Force—The 2005 Legislature will see proposals for new courts funding, likely legislation to require all Judges to be elected,and a proposal authorizing"concurrent Jurisdiction"over anti-harassment orders for District and Municipal Courts. There also may be legislation to provide Municipal Courts more explicit authority to enter into multi-city service arrangements. Kent will support the proposals for multi-city-services flexibility and new courts funding,but will want to r ensure that any issues involving new subject matter Jurisdiction(such as anti-harassment orders)are"local option." r r l 1 • Defense/Indigent Defense Standards: The City will closely watch legislative initiatives in this issue area,and will want to ensure it does not contain any provisions that undermine Kent's authority to contain costs through indigent defense contracts. • Nightclub licensing. The City will support State Liquor Control Board agency-request legislation to create a separate licensing process for nightclubs. The new licensing process would include a provision calling on nightclub establishments to submit operating plans which show how they will separate minors from drinking-age customers Parks &Recreation • W WRP Funding: Kent will support efforts to continue current funding levels for—or possibly enhance funding for—the Washington Wildlife,Recreation and Parks(WWRP) program in the 2005-07 Capital Budget. The W WRP program has been a critical tool for Kent in financing local parks projects. • Authority to trap rodents on public property- Kent will support 2005 legislation to provide cities and counties with explicit authority to trap rodents such as gophers and moles that can cause major damage to public property if left unchecked. Personnel • Making Washington State Minimum Wage Act consistent with federal Fair Labor Standards Act(FLSA): Kent anticipates 2005 request legislation to amend on part of the state act that conflicts with recent Congressionally-enacted changes to the FLSA. It has to do with being able to suspend exempt employees for less than a full work week Kent will support this technical fix. Transportation-Related , • Automatic voting seats on PSRC Executive Board. Through a 2004 Supplemental Transportation budget proviso, Bellevue,Kent,Renton, and Bremerton were granted new automatic voting seats on the Puget Sound Regional Council(PSRC)Executive Board Federal Way was not,which is of significant concern to that city. Kent will support continuing the current budget proviso and also would support amendments to include Federal Way as an automatic voting member of the PSRC Executive Board Water Resources • Instream flow legislation: The 2005 Legislature may well review initiatives that direct new instream flow-setting how to best achieve instream flows Kent wants to ensure there is strong language in any bill to recognize existing and pending FERC and HCP agreements so that utilities are not forced into very expensive new flow-setting processes that undermine existing water rights. ' • Oppose new burdens on water-sewer assumptions- Kent will work with the AWC and other cities to preserve current statute on city assumptions of water/sewer districts Special districts perennially bring bills to the Washington State Legislature to add new requirements and burdens to the statute City of Kent 2005 Legislative Agenda Track/Monitor List 1 Economic Development • Expansion of Tax-Increment Financing. Certain stakeholders and legislators may want to take another run at expanding the state's limited"TIF"statute. Kent is supportive of such an initiative but believes the key legislative opposition makes its enactment unlikely General Government • Motorized Scooters—regulation of: The City wants to ensure local flexibility to regulate motorized scooters is retained. • Protect public works bid law authority, flexibility Last session,through bills such as HB 2522,subcontractors sought to make the public works bidding process more complicated and onerous. Kent is opposed to such efforts GMA/Land-Use ' Oppose onerous delays in payment of impact fees Kent opposes legislation delaying payment of impact fees. • Explicit authority for cities to regulate zoning of gambling establishments Kent supports efforts by AWC and other cities to make this authority explicit,even though it is not a big issue for our City • Repeal/revise 2004 law on allowing manufactured homes in single-family zones. Kent will track any effort by AWC/individual cities to revise or repeal the 2004 statute that requires all cities to allow manufactured homes in single-family zones,provided they meet a series of construction standards and can be subject to certain land-use conditions Homeland Security Funding • Distribution of pass-through federal funds Kent will closely track any 2005 legislation or budget provisions dealing with how federal homeland security funding is distributed within regions of our state The City wants to ensure that funds are being adequately focused on the high-threat,high-risk regions of the state. Law-Enforcement/Criminal Justice/Courts • Drinking Driver Prevention Task Forces. The City will track the 2005-07 budget process to ensure that grant funding assistance is maintained for"DDTFs." • Photo-radar: The City of Lakewood has led annual efforts to expand authority for local- option use of photo-radar,and to revise state statute so that local jurisdictions keep a higher percentage of the fines. 1 • "SOCs": Kent will track and support any efforts to restore authority for judges to use Stipulated Orders of Continuance. A recently-issued judicial ethics opinion casts questions as to whether SOCs can continue to be used. An "SOC" is an agreement between prosecutor and defendant, signed by the judge,where in return for the defendant paying costs and usually attending some course or treatment,the prosecution holds off prosecuting If the defendant messes up,conviction enters without a trial. If the defendant does what he/she is supposed to and remains law-abiding during the SOC period,the case is dismissed without a conviction ever having entered. • Funding to pay for enhanced sentencing under"SOSA": The Washington Association of Sheriffs and Police Chiefs(WASPC)will be seeking additional state funding to pay for the stiffer sentences and penalties enacted by the 2004 Legislature under the Sex Offender Sentencing Act(SOSA). This is a"money with mandates"initiative worthy of support. • Funding to pay for a statewide system of background checks. Last session the Legislature authorized a WASPC study on establishment of an automated statewide system of electronic criminal background checks involving prospective state employees who work in positions affecting kids and those who are vulnerable In 2005, WASPC will seek legislation to enact its study recommendations, and funding to finance the background check system • DNA data collection for all arrestees- WASPC also will seek funding to perform DNA data collection on all arrestees(vs. felony arrestees, as is done under current law). WASPC is sensitive to cost and unfunded mandates issues and is prepared to stipulate that any expansion of the system be done in a way that holds cities and counties harmless on costs • Mapping of all elementary and middle schools. For security purposes, WASPC currently provides the state with computer mapping of all high schools in the state. A 2005-07 Capital Budget appropriation will be sought to expand the program to middle schools and elementary schools • Electronic Home Monitoring study. WASPC will seek 2005 legislative funding for a , study on ways to more effectively,and more broadly, use EHM. Lzabzhiy Reform • LRC package: The Liability Reform Coalition (LRC), of which the AWC is a member, has worked for numerous years on comprehensive liability reform packages—including ways to addressjoint and several liability,medical malpractice liability, etc. Pieces of benefit to cities include joint and several liability reform,as well as legislation to protect employers from liability in cases where employee reference information is provided in good faith • Expand"Public Duty Doctrine". The AWC,counties,and certain state agencies worked last year to expand the"Public Duty Doctrine"to legally cover more governmental functions as ones that public agencies have a"Public Duty"to perform Kent supports this initiative to provide greater liability protection to public agencies Local Government Financing/Local Government Efficiencies • Protect/continue funding of Public Health:Kent will be supportive of this • "Efficiencies"bill for cities/counties, cities' "Technical Fix"bill: A group known as the "Tn-Association"—comprised of the AWC,Washington State Association of Counties, and Washington Association of County Officials—may bring forth a 2005 legislative initiative with ideas for minor changes in statute to help cities operate more efficiently AWC also may pursue a"technical fix"bill,consisting of technical changes in statute to benefit cities r • Public Works Trust Fund. Each session,the Public Works Board must get legislative approval to finalize its list of low-interest Public Works Trust Fund loan projects previously approved by the Board. Parks&Recreation • New M&O funding. The 2005 Session may be one where we see legislation to increase the Real Estate Excise Tax (REET)and allow a portion of the new funding to be used for Parks M&O Kent is prepared to support such an approach,but is leery of legislation that dilutes the existing REET for M&O • Conservation Futures funding. Kent supports efforts by counties such as Clark County to increase Conservation Futures funding authority However,Kent and other cities will want legislative language that directs counties to ensure Conservation Futures dollars are spread throughout a county, not just in rural areas ' Personnel • Workers' Comp reform- Kent will support business community-led initiatives to reform the Workers' Compensation system Water Resources/Water Rights/Salmon Recovery • Protect existing water rights Kent will work to ensure that 2005 legislation in this issue area does not undercut existing water rights which are critical to serving the city's residents and businesses now and into the future ' Expediting the process of replacing and relocating groundwater wells: Kent supports legislation in this area, so long as it contains language provisions to ensure that a water system seeking to relocate or replace wells provides appropriate public notice to adjacent water-supply utilities. • Salmon Recovery Funding Board. The City will track the 2005-07 Capital Budget process to ensure that funding levels for the SRF Board are maintained. Kent City Council Meeting Date November.16, 2004 Category Consent Calendar 1. SUBJECT: VILLAGE CREEK ESTATES INFRASTRUCTURE IMPROVEMENTS BILL OF SALE—ACCEPT 2. SUMMARY STATEMENT: Accept the Bill of Sale for Village Creek Estates infrastructure improvements submitted by Shupe Holmberg for the continuous operation and maintenance of 868 feet of watermains, 3229 feet of sewers, 845 feet of street improvements, and 1,408 feet of storm sewer. The bonds are to be released after the maintenance period. This project is located at 118`i'Avenue SE and SE 244`h Street. 3. EXHIBITS: Vicinity map 4. RECOMMENDED BY: Public Works Director (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? N/A Revenue? N/A Currently in the Budget? Yes No If no: Unbudgeted Expense: Fund Amount $ Unbudgeted Revenue: Fund Amount $ 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 6D w s°ps SIT z 240TH STREET LU w C Clark -D �T Lake n� 248TH < STREET ti�py v O� o m z w Uj K s a 256TH STREET I N i - Lake { x r_a 1 kql, I ; ;.. eridion w i XRYC GY?l1Rl U v iF �1 L-� W RQa N ° z �c ao a VICINITY MAP NTS Village Creek Estates 118t' Avenue SE and SE 244`h Street Kent City Council Meeting Date November 16, 2004 Category Consent Calendar 1. SUBJECT: PIONEER STREET KING COUNTY AGREEMENT—AUTHORIZE 2. SUMMARY STATEMENT: Authorize the Mayor to sign the agreement in the amount of$300,000 with King County Transit Division to widen Pioneer Street and establish a budget for same, upon concurrence of the language in the agreement by the City Attorney and the Public Works Director. 3. EXHIBITS: Public Works Director's memorandum and agreement 4. RECOMMENDED BY: Public Works Committee (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure?_ Revenue? X Currently in the Budget? Yes X No If no: Unbudgeted Expense: Fund Amount $ Unbudgeted Revenue: Fund Amount $ 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 6E 1 - 1 PUBLIC WORKS DEPARTMENT Don E Wickstrom, P E Public Works Director . Phone 253-856-5500 K E N T Fax 253-856-6500 ' W A S N N O T O N Address 220 Fourth Avenue S Kent,WA 98032-5895 DATE: November 1,2004 TO: Public Works Committee FROM: Don Wickstrom,Public Works Director SUBJECT: Pioneer Street King County Agreement MOTION Recommend authorizing the Mayor to sign agreement with King County Transit Division to widen Pioneer Street and to establish a budget in the amount of$300,000 for same, upon concurrence by the City Attorney and Public Works Director of the language within the agreement 1 SUMMARY: King County Transit division has proposed the attached agreement in the amount of$300,000 to widen Pioneer Street beyond what was originally planned by the Sound Transit designers The Public Works Director recommends signing this agreement 1 BUDGET IMPACT No Unbudgeted Fiscal/Personnel Impact BACKGROUND: When Sound Transit sited the Sounder Station at Railroad Avenue and Smith Street the agency agreed to build certain"offsite" improvements to mitigate local congestion in traffic turning movements the new station would bring to the area One of the improvements was to widen Pioneer Street from Central Avenue to Railroad Avenue to allow buses to utilize Pioneer Street as access to the station Subsequent to the garage construction, Sound Transit asked the City to take over the work to construct the"offsite"improvements including the work on Pioneer Street The work on Pioneer Street has been designed, bid and construction is commencing King County Metro Transit who operate the bus service to the Sounder Station for Sound Transit,has asked if the City could widen Pioneer Street beyond what was originally planned by the Sound Transit designers This would necessitate buying additional right-of-way Apparently the Metro Transit Operations staff have determined that the width of the"new" Pioneer Street would still not be sufficient to operate the larger buses through that street To that end the King County transit division has proposed the attached agreement and has agreed to fund the additional widening The cost estimate for the additional widening is$300,000 1 Council approval is requested to allow the Mayor to sign the agreement, accepting the$300,000 Mayor White and Kent City Council 1 Pioneer Street King County Agreement 1 Draft Agreement between King County and the City of Kent for the Construction of Pioneer Street Improvements to Support Transit Operations at the Kent Transit Center THIS AGREEMENT is made and entered into this day of 2004,by and between the , City of Kent,hereinafter called the"City,"a municipal corporation of the State of Washington,and King County,acting through its Department of Transportation, hereinafter called the"County,"both of which entities may be collectively referred to hereinafter as the"Parties" WHEREAS, the City has undertaken from Sound Transit the responsibility to construct the street improvements on Pioneer Street from Central Avenue to Railroad Avenue, and WHEREAS, Sound Transit had prepared a design for impioving Pioneer Street from Central Avenue to Railroad Avenue that includes twenty-four feet of pavement on the western portion of Pioneer Street and thirty six feet of pavement on the eastern portion of Pioneer Street, and WHEREAS,in order to improve transit and traffic operations and enhance overall safety the City and the County support widening Pioneer Street to thirty six feet(36') of pavement from Railroad Avenue to Central Avenue,and WHEREAS, the County has agreed to contribute funding to support construction of the additional right- of-way improvements that directly benefit transit operations at the Kent Transit Center, NOW, THEREFORE, in consideration of the mutual covenants contained herein,the sufficiency of which , is acknowledged,the parties hereto agree as follows Section 1. City Responsibilities 1 1 The City will be responsible for the nght-of-way acquisition,design,construction,and acceptance of all improvements in order to provide thirty six feet(36')of pavement from curb to curb on the western half block section of Pioneer Street from Railroad Avenue to Central Avenue ' 1 2 The City will submit to the County plans for the improvements for review prior to construction The County will have the opportunity to review plans at 60%, 90%, and 100% The City will submit these plans in electronic form By the 601l6 plan review,the City and County will agree on a striping plan for Pioneer Street from Railroad Avenue to Central Avenue 1 3 The City will be responsible for the administration of any contracts it enters into for the performance of its responsibilities under this Agreement The City will provide the County with periodic progress reports to identify work progress,schedule adherence,and other matters of srgmficance in the performance of this agreement when requested by the County Prior to the , issuance of a change order or acceptance of contractor's work,the City will notify the County and provide the County with the opportunity to comment on and inspect However,the City will retain discretion regarding whether to issue a change order or accept the contractors work,and ' neither the County's comments on nor inspection of City-led improvements under this Agreement will relieve the City of its responsibility for said improvements Meh o Transit Pioneer Street Improvements Draft Agreement—Pending Metro Legal Review,City of Kent Review 2/20l04 Page 1 of 6 14 The City will administer the construction of the project and shall have final judgment,after ' consultation with the County,with regards to decisions related to the work of the contractor ' Section 2. County Responsibilities 2 1 Upon notification by the City of completion of work identified in Section 1,the County will inspect the improvements consistent with the County approved plans and specifications If the County finds that any work does not meet the terms of this Agreement,or any plans or specifications established hereunder, the County will prepare a punch list of such items and submit it to the City Work that does not comply with the agreed upon specifications and terms, except as modified by mutual agreement between the City and County,will be corrected by the City at no cost to the County Notice of acceptance will not constitute acceptance of any unauthorized or defective work or material The County retains all rights hereunder and at law to require the City to remove,repair,replace,or dispose of any unauthorized or defective work or to recover damages for any such work or material 22 Notwhithstanding section 2 1 of this agreement,the County shall,within ten(10)days of discovery of work that does not comply with the plans or specifications, notify the City in writing of such non-compliance, or waive the right to have the work corrected by the City as provided in this agreement Section 3.Financing 3 1 The County will contribute directly to the City an amount not to exceed 5300,000 to support the project 32 The City will invoice the County upon completion of the work The County will make payment to the City within thirty (30)days of receipt of an invoice for work determined to be performed in accordance with the terms of the Agreement The County's total payment to the City under this Agreement will not exceed$300,000 Section 4. Schedule j41 The City agrees to complete the work of this Agreement by August 31,2005 Section 5. Ownership and Maintenance S 1 Unless otherwise agreed to by the Parties,the City will own and maintain all improvements included in the Project Section 6.Legal Relations 61 It is understood that this Agreement is solely for the benefit of the parties hereto and gives no right to any other party No joint venture,agent-principal relationship or partnership is formed as result of this Agreement No employees or agents of one party or any of its contractors or subcontractors shall be deemed,or represent themselves to be,employees or agents of the other party Metro Transit Pioneer Street Improvements Draft Agreement—Pending Metro Legal Review, City of Kent Review 2/20/04 Page 2 of 6 t 62 To the maximum extent permitted by law,each party shall defend,mdemnify, and hold harmless the other party and all of its officials,employees,principals,and agents from all claims,demands, , suits,actions and liability of any kind,including injuries to persons or damages to property,that arise out of,are connected with,or are due to any negligent acts or omissions of the indemnifying party and/or its contractors,officials,employees,agents and representatives in performing work under this Agreement,provided,however,that if(and only if)the provisions of RCW 4 24 115 apply and any such damages and injuries to persons or property are caused by or result from the concurrent negligence of both parties to this Agreement,or their contractors,officials,employees, agents and representatives,then in such instance eachparty's obligation hereunder applies only to the extent of the negligence of such party or its contractors,officials,employees, agents or representatives Each party specifically assumes potential liability for actions brought by its own employees against the other party and for that purpose only each party specifically waives,as to , the other party only,any immunity under the Worker's Compensation Act,RCW Title 51,and the parties recognize that this waiver was the suhlect of mutual negotiation and specifically entered into pursuant to the provision of RCW 4 24 115 , 63 The City and the County shall comply and shall ensure that their contractors comply with all federal,state and local laws,regulations,and ordinances applicable to work and services to be performed under this Agreement 64 In the event any party mcurs attorney's fees, costs or other legal expenses to enforce provisions of this section against another party, all such fees,costs,and expenses shall be recoverable by the prevailing party 65 This Agreement shall be interpreted in accordance with the laws of the State of Washington in effect on the date of execution of this Agreement The Superior Court of King County, Washington shall have exclusive jurisdiction and venue over any legal action arising under this Agreement 66 The provisions of this Section shall survive any expiration or termination of this Agreement t 67 This section shall not be deemed to result in the City's indemnification of the contractor for the contractor's negligent acts 68 The City will use it's best efforts to complete the work for the budgeted$300,000 However both , the City and the County acknowledge that property acquisition including possible business relocations may cause the work to exceed this estimate In the event that property acquisition or bids received for the construction work cause the total project estimate to exceed$300,000 the City shall immediately provide the County with a cost estimate to complete the work The County shall either provide the additional funds necessary to complete the work or the City shall complete the improvements and invoice the County for the costs thereof The County shall pay the remaining costs within thirty(30)days after being invoiced by the City , Section 7. Records and Audit 71 During the progress of the design and construction of all improvements covered by this , Agreement and for a period not less than three(3)years from the date of completion of all improvements,records and accounts pertaining to the work of this Agreement and accounting Metro Transit Pioneer Street Improvements Draft Agreement—Pending Metro Legal Review, City of Kent Review 2I2O104 Page 3 of 6 ' therefore are to be kept available for inspection and audit by representatives of the parties Copies of the records shall be furnished upon request and shall be maintained in accordance with a work order accounting procedure prescribed by the State Auditor's Office Section S.Agreement Duration and Termination t81 This Agreement shall take effeci upon execution by both parties and shall expire Januai y 31, 2006,unless extended by mutual agreement of the Parties or unless terminated in accordance with ' the provisions of this Section 8 82 Either party may terminate this Agreement in the event that the other party materially breaches this Agreement Written notice of such termination must be given via certified mail by the party terminating this Agreement to the other party not less than fourteen(14)days prior to the effective date of termination 83 Either party may terminate for its convenience and without cause by providing written notice to the other party not less than thirty(30)days prior to the effective date of termination,provided that the County shall pay the City for any work performed up to the date of termination 84 Failure by either party to require full and timely performance of any provision of the Agreement at any time shall not waive or reduce the right of either party to insist upon complete and timely performance of such provisions or any other provision thereafter Section 9.Identification of Contacts at City and County 9 1 The City and the County each agree to appoint a Project Manager to represent the interests of their respective agencies The two Project Managers will work collaboratively to implement this Agreement 92 All official communication concerning this Agreement should be directed to the following Project Managers Mark Madfai David Cantey Project Manager Project Manager City of Kent King County Dept of Transportation 220 4`'Avenue South 201 S Jackson Street,MS KSC-TR-0411 Kent,WA 98032 Seattle, WA 98104 ' Any changes in agency contacts from those noted above must be confirmed in writing to the other party Section 10.Entire Agreement 101 This document contains all terms, conditions and provisions agreed upon by the parties thereto, and shall not be modified except by written amendment Such amendments may be made to this ' Agreement within the previously approved budget or other applicable authority for and on behalf of the City by its Mayor or designee,and for and on behalf of the County by its General Manager of the Transit Division or designee The written provisions and terms of this Agreement, together ' Metro Transit Pioneer Street Improvements Draft Agreement—Pending Metro Legal Review, City of Kent Review 2/20/04 ' Page 4 of 6 i I with any attachments, shall supersede all prior verbal statements of any officer or other representative of either party, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement This document, including all attachments,is the entire agreement between the parties Should any language in any of the attachments to the Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail Section 11. Assignment 11 1 Any assignment of this Agreement by either party without the written consent of the non- , assigning party shall be void Section 12.Modification 121 No waiver, alteration,or modification of any of the provisions for the Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and the County , Section 13.Severability 13 1 If any provision of this Agreement is held invalid by a court of competent jurisdiction,the ' remainder of the Agreement shall not be affected thereby if such remainder would then continue to serve the purposes and objectives originally contemplated by the parties N WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first written above , The City of Kent By ' Tim White,Mayor Date Approved as to Form By 1Tom Brubaker,City Attorney Date King County By Darwin Campbell Date ' Acting General Manager King County Metro Transit Division Metro Transit Pioneer Street Improvements , Draft Agreement—Pending Metro Legal Review,City of Kent Review 212GY04 Page 5 of 6 Approved as to Form By ' Jessica Hardung Date Deputy Prosecuting Attorney ' Metro Transit Pioneer Street Improvements Draft Agreement—Pending Metro Legal Review, City of Kent Review 2/20/04 ' Page 6of6 1 rKent City Council Meeting Date November 16, 2004 Category Consent Calendar ' 1. SUBJECT: LOCAL IMPROVEMENT DISTRICT NO. 336 ASSESSMENT SEGREGATION RESOLUTION—ADOPT ' 2. SUMMARY STATEMENT: Adopt Resolution No. directing the Finance Director to segregate Assessment No. 2 levied under LID 336. The onginal assessed amount was $50,293.89 the balance as of October 4, 2004 is $3,394.87, the new segregated amounts would be $2,590.03 for Lot A and $804.87 for Lot B. 1 r ' 3. EXHIBITS: Resolution, Public Works Director's memorandum and LID Segregation Certificate r4. RECOMMENDED BY: Public Works Committee r (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT ' Expenditure? N/A Revenue? N/A Currently in the Budget? Yes No If no: Unbudgeted Expense: Fund Amount $ Unbudgeted Revenue: Fund Amount $ 6. CITY COUNCIL ACTION: rCouncilmember moves, Councilmember seconds r DISCUSSION: ACTION: Council Agenda Item No. 6F PUBLIC WORKS DEPARTMENT Don E Wickstrom, P E Public Works Director • Phone 253-856-5500 KEN T Fax 253-856-6500 ' W M S M I N U T O N Address 220 Fourth Avenue S Kent,WA 98032-5895 DATE: November 1, 2004 TO: Public Works Committee FROM: Don Wickstrom SUBJECT: Segregation Request for LID 336 MOTION: Recommend that the City Council pass Resolution No directing the Finance ' Director to segregate Assessment No 2 levied under LID 336 SUMMARY: Sun Coast Plaza LLC, the owner of record of the property onginally affected by ' LID No 336, Assessment No 2, located East of East Valley Highway and West of the Valley Freeway at South 183rd has requested segregation due to the property being short plated The Public Works Director recommends passage ' BUDGET IMPACT No Unbudgeted Fiscal/Personnel Impact BACKGROUND: LID 336,Assessment#2 was originally assessed for Street Improvements in t the amount of$50,293 89 The balance as of October 4, 2004 is $3,394 87 the new segregated amounts would be$2,590.03 for Lot A and$804 87 for Lot B 1 ' Public Works Committee Noveovember 1,2004 1 segregate Assessment for LID 336 i i i OF ROAD ..n _..._}_•_ �. I KIVA #1204193i �_�.n^ N 721 ryi. the oYea A%plans and return tD f E 1297309 35l 'ry GLYBILF in,FingNeCJNig STATE PLANE NORTH ZONE -NAO 63/91 OATUM ^ n i necr_ i - N 8903'ie"W ~ M¢[�s•uaw MEA W 106 ' N 8903'05"30 W a DEED 106.2W a } N 0048'OB'E S g —— _ _ _ 4204-j41 42 OEED)� z I E-W C NW.1/4 PER KING CDUIM, SHORT PUT SPC-96-20 REC No 9701130090 T� LINE IND DISTANCE S 89'O3'05' E LI S 00135'07 E 2929 L QT AREAS FN0 REV(AR ANO oa CA t oa se' — —� L3 5 0E5555 W 22516 LOT A k 31ST50'E 0.03� 024 L4 79 OB 37 E 963L5 76651 449M37 E 7 of 6183fi4t SQ 0759'77'W L6SOV4B08 W Jt 5a 142t ACRES AMENDMENT 10 RECIPROCAL N 6651L4 W 4204 LOT B ACCESS EASEMENT AF/2004050002992 31'274B' W5 WM 55 W 57 32 8284471 SO FT 93' - N L10 S O43507 37 Ad' 1 90t ACRES L12 S 5429'4] E 1 48 L11 54 01 55 1 64 � SIT L14 N 69'01 55 W 59 54 L14 N 69 55 W 5959 7 FND W,22333 L15 N 390 111 W 7694 25 m 5 Ja50'OS'F 0Y , L16 N 79'0B 37 W 41 04 \ �' 2 L1 N 5903,01 W $12 / 125 0l LIS N 5Z4835 W 3 3 n\' 1� m1 I $gB" l20 N IO.523 E 4?39 7 Ip5 /� 7 L22 59 03 16 398• ,y fed S 79'06ai� �.I 1 L23 30 56 44 E 85 CO, F' >>"p/ 0j L24 5 OT074S W 2662 25' AMENDMENT TO RECIPROCAL 7395'" 2 N a536'07'E �, L25 5 aTO155 E 481 �v 7'L'�55 EASEMENT pf;F2004050002992 ,\�/� 26 12 L26 N 00'S8 OS E 51 62 S I+I I L27 et Ol OS E 1D00 r7 / 52'S 'e 48 be'n L28 N 61 Ol OS W 8 55 - ' 9 S 11 3J 23 W 40 33 1' (S N nf 5 7908'37' ® e' b ry^P 4,, ,I?!A ' oo�• 4 1 M i 9 E^7 160 3B �L• � 'IJ M ,gy y^.^ a •07�,�3 \ . ,'`6 �^"�,�7� �15 I „C' b , J o LIS In 2 / S,, •> 1Z� ����75' 'tea G 1 / �i 5 090412'£ 12200• fP/ 5 15059 n 11y tlJ ' �2 n � � Iw n7`1 41 _ —_ a h LOT AIF IR W/BCE CAP / �, LOT $ 0 FNO (HELD) // 10,312'® S 005805`w 2203 % hI L� G r a I _ W y 'i 17 4u. :�r614� 77,W 4' 308Y N 84'01'S5'W 72947 564 yr nt 4112 0.'SE 1/4 OF NW 1/4 1996, v I� tY i RESOLUTION NO. A RESOLUTION of the City Council of the City of Kent, Washington,directing the Finance Director to segregate an assessment levied under LID #336 RECITALS A. Sun Coast Plaza LLC,the owner of record of the property originally affected by LID No 336, Assessment No 2, located East of East Valley Highway and West of the Valley Freeway at South 183'd block has requested segregation B All clerical and engineering fees have been paid as required by law, and the application proper in all other respects NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS SECTION I —SeQreeanon The Finance Director is authorized and directed to segregate the assessment as requested by Sun Coast Plaza, LLC, as set forth in the attached Exhibit A, incorporated by this reference. The assessment involved is Assessment No 2 of Local Improvement District No. 336 1 Sun Coast Plaza, LLC LID 336—Assess. 2 Segregation SECTION -Severabtlity 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 3. —Ratification. Any act consistent with the authority and prior to the effective date of this resolution is hereby ratified and affirmed SECTION 4. — 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 November, 2004 CONCURRED in by the Mayor of the Cityof Kent this day November, 2004. JIM WHITE, MAYOR ATTEST• BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM: TOM BRUBAKER, CITY ATTORNEY 2 Sun Coast Plaza, LLC LID 336—Assess. 2 Segregation I hereby certify that this is a true and correct copy of Resolution No passedbytheCityCounciloftheCityofKent,Washington,the dayofNovember,2004 BRENDA JACOBER, CITY CLERK P CmbRESOLL710NSunCoaftPlaz-61D336Segregatwmdo i i I 1 1 3 i Sun Coast Plaza, LLC LID 336—Assess. 2 Segregation LID SEGREGATION CERTIFICATE \1-117KENT wwa"i"oro" 220 4'Avenue South Kent,Washington 98032 Attu Property/Jerry McCaughan Requested by Gerald F Molitor Date 9/30/2004 LID#336 Assess 92 Owner&Address ORIGINAL DESCRIPTION SUN COAST PLAZA LLC ATTACHED HERETO AS EXHIBIT"A" 1560 140n'AVE NE#100 BELI.EVIIE,WA 98005 (If mores ace needed,attach description and refer to Exhibit"A' New Assessment No 2=1 Owner&Address NEW DESCRIPTION New Assessment Amt $25 00 03 SUN COAST PLAZA LLC ATTACHED HERETO AS EXHIBIT`B" 1560 140n'AVE NE 4100 BELLEVUE,WA 99005 (If more space needed,attach description and refer to Exhibit`B") Owner&Address REMAINDER DESCRIPTION Rem Assessment No 2 SW COAST PLAZA LLC ATTACHED HERETO AS E.ST]JBIT"C" 1560 140" AVE NE 0100 BELLEVUE,WA 98005 (If mores ace needed,attach description and refer to Exhibit"C" 2 hrs at$40 00 The undersigned hereby accepts above terms and conditions and per hour $80 00 certifies to the correctness herein SIGNED Total Due $80 00 Authorized Signature Approved by Resolution# EXHIBIT "A" I nip I�r EXHIBIT Portion of north 1/2 of southeast 1/4 of northwest 1/1 lying easterly of State Hwy 15-A and west of line.438 ft. west of east line of west 1/2 of northwest 1/4 of southwest 1/4 of northeast 1/4 less County Road including portion filed under Auditor 05807908 and 6087822 less beginning northwest corner thereof; Thence southwesterly along said highway 350 ft.; Thence South 52"49'29" east 220.89 ft.; Thence South 37*101310 west 85.20 ft. to True Point of Beginning; Thence North 37"10'31" east 300 ft.; Thence North 52049'29" west 50 ft.; Thence North 37'10'31" east 1I0.66 ft.; Thence West 18 ft.; Thence North 37110'31" east-159.92 ft. to southerly line said County Road; Thence westerly to said northwest corner; Thence Southerly along said highway 505.49 ft.; Thence South 52'49'29" east 120 ft. more or less to a point North 890051071 west from True Point of Beginning; Thence South 89"05'07" east to True Point of Beginning. (312305-9014) i i � 1 i t EXHIBIT`V' THAT PORTION OF THE SOUTHEAST OUARTER OF THE NORTHWEST QUARTER OF SECTION 31, TOWNSHIP 23N, RANGE X WM. KING COUNTY, WASHINGTON. BEING A PORTION OF THE FOLLOWING DESCRIBED PARCEL; A PORTION OF REVISED LOT 8 OF CITY OF KENT LOT LINE ADJUSTMENT 94-4 FILED UNDER RECORDING NUMBER 9402232169, SAID PORTION OF THE HEREIN DESCRIBED PARCEL OF LAND BEING MORE .PARTICULARLY DESCRIBED AS FOLLOWS, BEGINNING AT THE INTERSECTION OF THE EAST MARGIN OF EAST VALLEY HIGHWAY. SAID MARGIN BEING 30 FEET FROM THE EXISTING CENTERLINE AND THE SOUTHWEST CORNER OF SAID LOT B. OF CITY OF KENT LLA-94-4, SAID POINT BEING ALONG THE SOUTH LINE OF THE NORTH } OF THE SOUTHEAST} OF SAID NORTHWEST J. AND THE POINT OF BEGINNING, THENCE, N 37'11'26" E 246 78 FEET ALONG SAID EAST MARGIN, THENCE, S 52'48'34' E 122.61 FEET; THENCE, S 89'04'12" E 122 00 FEET; THENCE. N 37*1136' E 82 36 FEET, THENCE, S 5248'34' E 33 37 FEET, THENCE, S 3711'26" W 3 27 FEET; THENCE, S 52'48`34" E 32 61 FEET, THENCE, S 37'11'26' W 65 75 FEET, THENCE, S 39 56'09' E 101 16 FEET, THENCE, S 00'58'05" W 22 03 FEET TO THE SOUTH LINE OF THE NORTH OF THE SOUTHEAST I OF SAID NORTHWEST THENCE, N 89*0155" W 494 08 FEET TO THE POINT OF BEGINNING. i EXHIBIT"C'i Portion of north 1/2 of southeast 1/4 of northwest 1/1 lying easterly of State Hwy 15-A and west of line.438 ft. west of east line of west 1/2 of northwest 1/4 of southwest 1/4 of northeast 1/4 less County Road including portion filed under Auditor #5807908 and 6037822 less beginning northwest corner thereof; Thence southwesterly along said highway 350 ft.; Thence South 52'49'29' east 220.89 ft,; Thence South 37'10'31' west 85.20 ft. to True Point of Beginning; Thence North 37'10'31" east 300 ft.; Thence North 52'49'29" west 50 ft.; Thence North 37010'31" east 110.66 ft.; Thence West 18 ft.; Thence North 37'10'31' east 159.92 ft. to southerly line said County Road; Thence westerly to said northwest corner; Thence Southerly along said highway 505.49 ft.; Thence South 52'49'29' east 120 ft. more or less to a point North 89.05'07" west from True Point of Beginning; Thence South 89'05'07' east to True Point of Beginning. (312305-9014) EXCEPTING THEREFROM THAT PORTION OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 31, TOWNSHIP 23N, RANCE 5E. WM. KING COUNTY, WASHINGTON, BEING A PORTION OF THE FOLLOWNG DESCRIBED PARCEL, A PORTION OF REVISED LOT B OF CITY OF KENT LOT ONE ADJUSTMENT 94-4 FILED UNDER RECORDING NUMBER 9402232169. SAID PORTION OF THE HEREIN DESCRIBED PARCEL OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; BEGINNING AT THE INTERSECTION Of THE EAST MARGIN OF EAST VALLEY HIGHWAY, SAID MARGIN BEING 30 FEET FROM THE EXISTING CENTERLINE AND THE SOUTHWEST CORNER OF SAID LOT B. OF CITY OF KENT LLA-94-4, SAID POINT BEING ALONG THE SOUTH LINE OF THE NORTH I OF THE SOUTiiEAST j OF SAID NORTHWEST 1. AND THE POINT OF BEGINNING, THENCE, N 37-11.26" E 24678 FEET ALONG SAID EAST MARGIN, THENCE, S 52-48'34- E 122 61 FEET, THENCE, S 89*04*12' E 122 00 FEET, THENCE, N 37-11.26" E 8236 FEET, THENCE, S 52'48'34' E 33 37 FEET, THENCE. S 37*11'26' W 327 FEET THENCE, S 52-48.34` E 32 61 FEET, THENCE, S 37-11.26- W 6575 FEET, THENCE, S 39'56'09" E 10116 FEET, THENCE, S 00 58'05" W 2203 FEET TO THE SOUTH LINE OF THE NORTH OF THE SOUTHEAST j OF SAID NORTHWEST 1 THENCE, N 89 01 55' W 49408 FEET TO THE POINT OF BEGINNING i � i Kent City Council Meeting Date November 16, 2004 Category Consent Calendar 1. SUBJECT: LOCAL IMPROVEMENT DISTRICT NO. 340 ASSESSMENT SEGREGATION RESOLUTION—ADOPT 2. SUMMARY STATEMENT: Adopt Resolution No. directing the Finance Director to segregate Assessment No. 31 levied under LID 340. The original assessed amount was $113,584.00 the balance as of October 4, 2004 is $68,150.44 the new segregated amounts would be $29,138.11 for Lot A and $39,012.33 for Lot B. 3. EXHIBITS: Resolution, Public Works Director's memorandum, and LID Segregation Certificate 4. RECOMMENDED BY: Public Works Committee (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? N/A Revenue? N/A Currently in the Budget? Yes No If no: Unbudgeted Expense: Fund Amount $ Unbudgeted Revenue: Fund Amount $ 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 6G PUBLIC WORKS DEPARTMENT Don E Wickstrom, P E Public Works Director Phone 253-856-5500 KEN T Fax 253-856-6500 Address 220 Fourth Avenue S Kent,WA 98032-5895 DATE: November 1, 2004 TO: Public Works Committee FROM: Don Wlckstrom SUBJECT: Segregation Request for LID 340 MOTION: Recommend that the City Council pass Resolution No directing the Finance Director to segregate Assessment No 31 levied under LID 340. SUMMARY: Sun Coast Plaza LLC, the owner of record of the property originally affected by LID No 340, Assessment No 31, located East of East Valley Highway and West of the Valley Freeway at South 183`d has requested segregation due to the property being short plated The Public Works Director recommends passage BUDGET IMPACT No Unbudgeted FiscaUPersonnel Impact BACKGROUND: LID 340, Assessment 431 was originally assessed for the South 196rh Corridor in the amount of$113,584 The balance as of October 4, 2004 is $68,150 44 the new segregated amounts would be$29,138 11 for Lot A and$39,012.33 for Lot B i 1 f Public Works Committee November 1,2004 1 Segregate Assessment for LID 336 RESOLUTION NO. A RESOLUTION of the City Council of the City of Kent,Washington,directing the Finance Director to segregate an assessment levied under LID #340. RECITALS A. Sun Coast Plaza LLC, the owner of record of the property originally affected by LID No 340, Assessment No 31, located East of East Valley Highway and the West of Valley Freeway at the South 183'd block has requested segregation B All clerical and engineering fees have been paid as required by law, and the application is property in all other respects NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS SECTION 1 -Seoregatnon. The Finance Director is authorized and directed to segregate the assessments as requested by Sun Coast Plaza,LLC,as set forth in the attached Exhibit A, and incorporated by this reference The assessment involved is Assessment No 31 of Local Improvement District No 340 ` 1 ` Sun Coast Plaza, LLC LID 340-Assess. 31 Segregation I SECTION2. —Severabihty. 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 3. —Ratification. Any act consistent with the authority and prior to the effective date of this resolution is hereby ratified and affirmed SECTION 4. — Effective Date. This resolution shall take effect and be m 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 November, 2004 CONCURRED inby the Mayor of the City of Kent this _day November. 2004. JIM WHITE, MAYOR ATTEST: BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM: 1 TOM BRUBAKER, CITY ATTORNEY 2 I Sur: Coast Plaza, LLC LID 340 Assess. 31 Segregation i BRENDA JACOBER,CITY CLERK P�fiv�PRPSDUIiIDMSunCuulPlea LlD3�U5e�e{azaa da i 1 3 Sun Coast Plaza,LLC LID 340-Assess. 31 Segregation so ma so wo m no on m L�r_L_r t/^ }1!r r/ E-Yi LINE ON C.N itxurvc JJJ 1 /KIVA; 20d1937 OF ROAD N 163996721 w �, Fe c'.'ached plans and return to E 1297109 361 N N ",evens in Enganeertng STATE PLANE NORM ZONE -NAO B3191 DATUM MEA 106 50' °J F14Eb$•Vj}pt • • m • N 8903'OS' W a � DEED 106 26, y1i, a 42 Of (41 42 D£EO) 21 z E-W C NW1/4 PER KING COUMY SHORT PLAT SPC-96-20 REC NO.9701130390 _ , ��- TN-C BFW]NG DISTANCE FND REBAR AND CAP S 89'03'05` E_ i S 00 35 07 E 29 29 L D T AREAS / (UNREAOA&E) 2 S 04 07'33' E 42.00' / N 31 7'54' E 0,03 /0437' 1 f 3 S OB'S555` W 225}8 LOT !� 1� _4 S 79 08'37 9 63 �5 S 66'51'44" E 7561' 61$36 4� SO FT. ` 0T W _6 s 004608 W 3166 1.42� ACRES / AMENDMENT TO RECIPROCAL L7 S 00'4808 W 5405 ACCESS EASEMENT AFp2004050002992 3127'48" WLB 14 6651'44' W 4204' LOT B 4.93' II j L9 SOB 55 5 W 157 32 82844 7± SQ 'FT L10 5 0407 33' E 37 82' I r L11 5 003507' E 2546 1 90t ACRES / t L12 S 54 29 48 E 11 84 L73 N 9'0 1 55 47 54 / 36 L74 N 9 Oi 59 55" W 59 / FND NAIL 22333 L15 N 8901'11 W 7698 S 35'50'05' E .07' 25 Li 6 N 79'08 37 W 41 04 12 5' Iz ! L17 N 89'03'05 W 5S 28 s y// of FND 11 LIB N 5T48'35 W 3337 ���T / / � yI I S as, L79 N ST1126 E 327 L20 N 5248.35 W 3261' ,bM L21 N 10'51 23" £ 41 39 O ./ct � S 79 08'17. E L!2 N 59 03 16 E 39 85 �� yA 1ry�/ 47,22 �, } L23 S 30 56'44 E 85 00 25' AMENDMENT TO RECIPROCAL 13 95-. /?/// N 6535'07" E J� l L24 S O -07 45' W 26 6Z ti ACCESS EASEMENT AF#2004050D02492 N\ / 26 12 'C� L25 5 89 01 55. E 46 1 B' L26 N 00'S8 05 E 51 62 .� S 7"8'37' I L27 S 81 01 05 E 1060, }2• / 't` 48 59' 1533 L28 N 81'Ot'05 W 8356 f L29 S 11 33 23 1V I 40 3.3 N f?t; \ ti^yh h Is 79oe'a7' E •��'/ d 1^ v'n, 4. ti���nJ 160 38 cQi tP.#'• �} - l a h m 15 <g rn �o by ?483 1•�,0' `' L19 0' 80' 160' / /�\ �'?6i•y"F ��� 11� Q� o,� u4 �i o ( o / 15'v35 S 89'002' E 122 00' 15059 LOT A = q 8O' ! ' a / /D!is pa. LOT B G S: - 3" IR W/$CE CAP / S 0058'05- W FND (HELD) / 10.312 22 03 �5� W / /�- -494 D8'-"" j,7 .y,L-i r •r?,L-1J 5644' 5091' �. 729 47' - — nr al W t/d 19 96' 7IS2 l I 1 i I 1 1 1 T 1 1 1 LID SEGREGATION CERTIFICATE "�-� KENT 220 4`°Avenue South Kent,Washmgton 99032 Attn Property Berry McCaughan Requested by Gerald F Molitor Date 9l3012004 LID#340 Assess#31 Owner&Address ORIGINAL DESCRIPTION SUN COAST PLAZA LLC ATTACHED HERETO AS E=131 '"A" 1560 140n'AVE NE#100 BELLEVUE,WA 98005 (If mores ace needed,attach description and refer to Exhibit"A" New Assessment No 33-1 Owner&Address NEW DESCRIPTION New Assessment Amt laaj.3811 SUN COAST PLAZA LLC ATTACHED HERETO AS EXHIBIT"B" IS60 146m AVE NE#IN BELLEVUE,WA98005 if mores ace needed,attach description and refer to Exhibit"B" Owner&Address REMAINDER DESCRIPTION Rem Assessment No 31 SUN COAST PLAZA LLC ATTACHED HERETO AS EXHIBIT"C" 1560 140'AVE NE#100 BELLEVUE,WA 9W05 I (If mores ace needed,attach description and refer to Exhibit"C") 2 his at S40 00 The undersigned hereby accepts above terms and conditions and per hour $80 00 certifies to the correctness herein less$40 00 fee per Receipt No 50474 SIGNED Authorized Signature Total Due S40 00 Approved by Resolution# � n EXHIBIT `:A" 312305 9014 STR 312305 TAXLOT 14 PORTION OF N 1/2 OF SE 114 OF MN 114-BEGIN NE CORNER OF NW 114 TH S 00-48-08 W 1317 29 FT TH N 69-03-05 W 106.26 FT TH PLL K1771 NORTH&SOUTH C2 S 00.4E-06 W 4142 FT TO SOUTH MARGIN OF S 180TH ST TH S 00-48-08 W 321 07 FT TAP ALONG PLL LINE BEING 295 50 FT NLY FROM S LINE OF N 12 OF SE 114 OF NW 114&FOB TH S 00-46-06 W 295 50 FT TO SOUTH LINE OF N 12 TH N 89.01-55 W 72947J7 TO ELY MGN OF EAST VALLEY HWY TH N 37-11-26 E 246 76 FT TO MOST SWLY CORNER OF TRACT CONVEYED TO ART MCCANN 6 SONS UNDERAUD FILE NO 6540968 TH S 52-48-04 E 122 61 FT TH S 89-C4-12 E 122 FT TH N 37-f 1-26 E 85.20 FT TO MOST NLY d ELY CORNER OF SAID TRACT BEING A COMMON CORNER WITH MOST SELY CORNER OF TRACT CONVEYED TO ART MCCANN AND SONS UNDER AUD FILE NO 6564416 TH N 37-11-26 E 152 89 FT TAP BEING 6i 91 FT FROM MOST NELY CORNER OF SAID TRACT MEAS ALONG SELY LINE TH S 79-05-37 E 153 35 FT TH N 65.36-07 E 26 12 FT TH S 79-06-17 E 47 22 FT TO PCB—AKA REVISED LOT B OF CITY OF KENT LOT LINE ADJ NO LL 94-4 RECORDING NO 9402232159 t i i EXHIBIT"B" r'4 THAT PORTION OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 31, TOWNSHIP 23N, RANGE 5E WM, KING COUNTY, WASHINGTON, BEING A PORTION OF THE FOLLOWING DESCRIBED PARCEL; A PORTION OF REVISED LOT B OF CITY OF KENT LOT LINE ADJUSTMENT 94-4 FILED UNDER RECORDING NUMBER 9402232169, SAID PORTION OF THE HEREIN DESCRIBED PARCEL OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; BEGINNING AT THE INTERSECTION OF THE EAST MARGIN OF EAST VALLEY HIGHWAY, SAID MARGIN BEING 30 FEET FROM THE EXISTING CENTERLINE AND THE SOUTHWEST CORNER OF SAID LOT 8, OF CITY OF KENT LLA-94-4, SAID POINT BEING ALONG THE SOUTH LINE OF THE NORTH j OF THE SOUTHEAST 3 OF SAID NORTHWEST J, AND THE POINT OF BEGINNING, THENCE, N 3711 26' E 246 78 FEET ALONG SAID EAST MARGIN, THENCE, 5 52'48'34' E 12261 FEET, THENCE, S SM4'12" E 72200 FEET, THENCE, H 3711'26' E 82 35 FEET, THENCE, S 5248'34' E 3337 FEET, THENCE. S 37'11'26' W 327 FEET, THENCE, S 52'48'34' E 32 61 FEET, THENCE, S 37 11'26' W 65 75 FEET, THENCE, S 3S'56'09' E 101 16 FEET, _ THENCE, S 005B'05' W 2203 FEET TO THE SOUTH LINE OF THE NORTH OF THE SOUTHEAST i OF SAID NORTHWEST } THENCE, N 89'01'55" W 494 OB FEET TO THE POINT OF BEGINNING 1 - EXHIBIT"C" 3123059014 STR 312305 TAXL07 f4 PORT70N OF N 1/2 OF SE 1/4 OF NW 1/4-BEGIN NE CORNER OF NW 114 TH S 00.4B-00 W 1317 29 FT TH N 89-03-05 W 106 26 FT TH PLL WITH NORTH&SOUTH C&S 00-48-08 W 41 42 FT TO SOUTH MARGIN OF S 1807H ST TH S 00-4B-08 W 321 07 FT TAP ALONG PILL LINE BEING 295 50 FT NLY FROM S LJNE OFN 112 OF SE 1/4 OF NW f/4&FOB TH S 00-4848 W 295 50 FT TO SOUTH LINE OF N 12 TH N 89-01-55 W 7,2"ZET TO ELY MGN OF EAST VALLEY HWY TH N 37-11-26 E 246 78 FT TO MOST SWLY CORNER OF TRACT CONVEYED TO ART MCCANN&SONS UNDER AUD FILE NO 6540968 TH S 52-48-34 E 122 61 FT TH S 89-04-12 E 122 FT TH N 3741-26 E 85 20 FT TO MOST NLY&ELY CURNER OF SAID TRACT EE/NG A COMMON CORNER WITH MOST SELY CORNER OF TRACT CONVEYED TO ART MCCANN AND SONS UNDER AUD FILE NO 6564416 TH 14 37-11-26 E 152 89 FT TAP BEING 61 91 FT FROM MOST NELYCORNER OFSAID TRACT MEAS ALONG SELY LINE TH S 79-0837 E 153 35 FT TH N 6536-07 E 26 12 FT TH S 79-06-17 E4722 FTTO POB-AKA REVISED LOTB OF C, Y OF KENT LOT LINEAR✓ NO LL 94-4 RECORDING NO 9402232169 EXCEPTING THEREFROM THAT PORTION OF THE SOUTHEAST QUARTER OF THE NORTHWEST CUARTER OF SECTION 31, TOWNSHIP 23N, RANGE 5E v11.1, KING COUNTY, WASHINGTON, BEING A PORTION OF THE FOLLOWING DESCRIBED PARCEL A PORTION OF REVISED LOT B OF CITY OF hENT LOT LINE ADJUSTMENT 94-4 FILED UNDER RECORDING NUMBER 9402232169, SAID PORTION OF THE HEREIN DESCRIBED PARCEL OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, BEGINNING AT THE INTERSECTION OF THE EAST MARGIN Cr EAST VALLEY HIGHWAY, SAID MARGIN BEING 30 FEET FROM THE EXISTING CENTERLINE AND THE SOUTHWEST CORNER OF SAID LOT B. OF CITY OF KENT LA-94-4, SAID POINT BEING ALONG THE SOUTH LINE OF THE NORTH I OF THE SOUTHEAST I OF SAID NORTHWEST I, AND THE POINT OF BEGINNING; THENCE, N 37'11'26' E 246 78 FEET ALONG SAID EAST MARGIN, THENCE, S 52'45'34' E 122.61 FEET, THENCE, S 89-04'12- E 12200 FEET, THENCE, N 37'11'26' E 82 36 FEET, THENCE, S 52-48'34- E 33 37 FEET, THENCE, S 37'I1'26' W 3 27 FEET, THENCE, S 52'4834' E 32 61 FEET, THENCE, S 37-11.26- W 6575 FEET, THENCE, S 39'56'09' E 101 16 FEET, THENCE, S 00-58'05- W 22 03 FEET TO THE SOUTH LINE OF THE NORTH } OF THE SOUTHEAST I OF SAID NORTHWEST I THENCE, N 89'01'55' W 49408 FEET TO THE POINT OF BEGINNING i 1 1 Kent City Council Meeting Date November 16, 2004 Category Consent Calendar 1. SUBJECT: SEWER RATE ADJUSTMENT ORDINANCE—ADOPT 2, SUMMARY STATEMENT: Adopt Ordinance No. which authorizes an annual increase in the sewer rate of 7.5% in each of the next six years providing the funds to cover the needs of the sewer system. 3. EXHIBITS: Ordinance, Public Works Director's memorandum and 11/2/04 Operations Committee minutes 4. RECOMMENDED BY: Public Works Committee (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? N/A Revenue? N/A Currently in the Budget? Yes No If no: ! Unbudgeted Expense: Fund Amount $ Unbudgeted Revenue: Fund Amount $ 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 6H :SMO'IlOd Sd NIVMdO AgMdaH S3OQ `NOLJNIHSVh1 `.LN3N dO AIIO 3H L dO "IIONnOO AIID 3H L `9HOdMURL MON •statuolsno s<XltO aql of Ouole passed aq `xul Ail pn aigleotldde Sutpnlout `sasuatout asagl lugl papuaunuoaai suq aaun tuoD suotmodO aqj •g •paseanui oq sa8.reg3 ooimas .tames s,,CIiD aql legl azmboi sngl put Atuntuutoo ino of aomlos lamas kit'jiuus put, ayes ,Clddns of slsoo agl aseazout siololey asagl `ngl38ol uxjr L -safe tualsxs 1 aql su asut �Iltuuou llegl spaau lsoo luxuaotidat pule `uoiltzado `aouleualupow Ilenuuu paloofoid .ttlnO;)l s11 ya ssaaxa ut 000`00S`9$ JOAO yo spaau luautaotidai aznlotulsuqui oletpowuu patdnuopt stq ArD aql `.tanoa OW tr8•Z$ 30 600Z ut Put' `tiI'£$ yo 800Z ut `£['£$ yo LON ut sasea.taut Ieuogtppe sutld ,ilunoO 8uiN `XIluuotlippV (aoemos H • ,i yo laay otgno OSL) luaJVninbo Itiluopmsn zad gluom zad btr'Z$ Xq `xm ,iltltln algleagddt �utpnlout `luaculeazl a$ na uns toy ales SOOZ sli posuazout seq ,ClunoO iiutx S'IV.LIJII2[ i •tualsds dltliln lamas s,AunoO $ut?I put tualsXs ,tlt[iln nmoS s,,C1tO aql gloq yo spaau Ieuogriodo pat oouuualutttu aql put Itliduo poseaiout of palnquue ootntas iamas joy s32zugo palnpagos oql $utlsn(pe `uolRutgsleM `lua}I yo AID aql yo ItotmoO AID aql 30 3:)NV IIQ2IO Nv 'ON 3DNVNIItRIO ORDINANCE SECTION L — Amendment. Section 7.04.280 of the Kent City Code is amended as follows: Sec. 7.04.280. Schedule of charges for service inside City limits. The following sanitary sewer service charges for service inside the City limits are in effect on the dates and in the amounts listed below:. Sewer service charges for customers residing outside the City shall be the charges as on file in the City Clerk's Office. Type of Sendce Charge per month EPP6C41Ne Effective Effective on Effective on through through-m January 1, January 1, Beceaiber December 2005 2006 3L 200i 31,2004 2402 1. Single-family residential dwelling, as defined in Ch. $27 44 $31.27 $33.62 $36.14 15.02 KCC. 2. Two-family or multiple-family i residential dwelling, as $27 44 $31.27 $33 62 $36 14 defined in Ch 15 02 KCC, each unit separately charged. II3. Single-family residentiaULifeline: $24.82 $28.65 $30.93 $33.24 Eligibility criteria for Lifeline Rate shall be established by City Council. 4. All other than single-family $3.66 per $4.17 per $4.49 per $4 82 per residential, shall be billed in ''07 00 eubte 100 cubic 100 cubic 100 cubic accordance with the feetper feet per feet per feet per consumption of water and at Men4h. month month month the following rate, except that no monthly bill shall be Iess than the single family ! residential rate set forth in service type no. 2 Sewer Rate Increas Type of Service Charge per month Effective on Effective on Effective ffective on January 1, January 1. throueh January 1, 2007 2008 January 1, 2010 2009 1. Single-family residential dwelling, as defined in Ch. $38 85 $41 76 $44.89 $48.26 15,02 KCC. 2. Two-family or multiple-familv residential dwelling, as $38.85 $41.76 $44.89 $48.26 defined in Ch. 15.02 KCC each unit separately charged. 3 Single-family residential/Lifeline- $35 74 $38 42 $41 30 $44.40 Eligibility criteria for Lifeline Rate shall be established by City Council 4 All other than single-familv S5 18_per S5 57 per $5 99per $6 44 Per residential, shall be billed in 100 cubic 100 cubic 100 cubic 100 cubic accordance with the feet per feet per feet per feet per consumption of water and at month month month month the followmiz rate, except that no monthlv bill shall be less i than the single family residential rate set forth in service type no. 1$34-1-7. f SECTION 2. —Repealer Section 7.04.290 of the Kent City Code is repealed in " its entirety. char-ge foF eust i j the City shall 1 t ehafges file i a g City Clerk's Offlee. 3 Sewer Rate Increas SECTION 3. The adjusted fees are for services beginning January 1, 2005, which shall apply retroactively to January 1, 2005 on the effective date of this j ordinance. j SECTION 4. — Severabilitv If any one or more section, 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 S. — Effective Date This ordinance shall take effect and be in force thirty (30) days from and after its passage as provided by law. JIM WHITE, MAYOR ATTEST: BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM: TOM BRUBAKER, CITY ATTORNEY i 4 Sewer Rate Increas jPASSED: day of November, 2004. APPROVED: day of November, 2004. PUBLISHED- day of November, 2004. 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{nJ9R1\w\CCSeaCWB Irviuu tle 1 5 Sewer Rate Increas I PUBLIC WORKS DEPARTMENT Don E. Wickstrom, P E Public Works Director Phone 253-856.5500 K EN T Fax 253-856-6500 W A S H I N G T O N Address 220 Fourth Avenue S. Kent,WA 98032-5895 DATE: November 16,2004 TO: Mayor White and the Kent City Council FROM: Don Wickstrom, Public Works Director SUBJECT: Sewer Rate Adjustment MOTION: Adopt Ordinance No. which authorizes an annual increase in the sewer rate of 7.5% in each of the next six years as recommended by the Operations Committee. SUMMARY: As an alternative to passing through the METRO rate increases in the next five years of 9.5% to 12.5%, this ordinance would authorize an annual increase in our sewer rate of 7 5% in each of the next six years which would provide the funds to cover the needs of the system. The Public Works department recommended to the Operation Committee the adoption of the annualized rate increases and committee concurred. BUDGET IMPACT: No Unbudgeted Fiscal/Personnel Impact BACKGROUND: In September at Council Workshop the Public Works Department along with the Finance Department presented a series of sewer rate increases necessary to address both the capital needs of the City's utility and the pass thru rate increases from Metro for sewage treatment. As was presented at the workshop and at a subsequent Operation Committee meeting the Public Works Department is seeking approximately a million dollars in new annual revenue to fund via a revenue bond issue, a back log of identified sewer replacement projects estimated to cost $6,500,000,plus provide approximately $500,000 a year for newly identified replacement projects. The City's sewer utility maintains about a million linear feet of sewer line. Recent cleaning and camera inspections denoted about 20,000 liner feet thereof in near term failure condition. Replacement of said 20,000 linear feet is estimated to cost $6,500,000. In addition, do to the 75 year life expectancy of sewer lines it is reasonable to assume that annually the City should be replacing 13,000 linear feet. To replace 13,000 linear feet annually would cost $4,200,000. The Public Works Department is only seeking $500,000 for same at this time until further review of the system would warrant differently. On top of the capital needs of the city's system Metro is projecting a series of rate increases over the next 5 years to address their projected capital need which totals into the billions of dollars. Metro's rate increases are: 2005 - 10.5% increase, 2007 - 12.5% increase, 2008 - 11.5% increase and 2009 - 9.5%increase. In comparison, Metro's increases are the lion share of Public Works proposed rate increases. The Public Works Department looked a two rate options as denoted in the attachment which involved a pass thru version and annualized versions over a 6 year period. Both were presented at the Council Workshop and it was the Public Works recommendation that Council adopt the annualized version, which is what the Operation Committee concurred with and is recommending to full council 1 Sewer Rate Adjustment KENT WASHINGTON • The actual rate paid by our customers under the two proposals are: Pass Through Annual 2004 existing $31 .27 $31 .27 2005 $34.55 $33.62 2006 $34.55 $36.14 2007 $38.87 $38.85 2008 $43.34 $41 .76 j 2009 $47.46 $44.89 2010 $47.46 $48.26 i KENT Z W.)MI No,*. OPERATIONS COMMITTEE MINUTES NOVEMBER 2,2004 Committee Members Present: Chair Tun Clark, Julie Peterson, Bruce White The meeting was called to order by Tun Clark,Chair at 4.05 p.m. APPROVAL OF MINUTES DATED OCTOBER 19, 2004 Bruce White moved to approve the minutes of the October 19, 2004, Operation Committee meeting. The motion was seconded by Julie Peterson seconded the motion, which passed 3-0. APPROVAL OF VOUCHERS DATED OCTOBER 29, 2004 Finance Director Bob Nachlinger presented the vouchers for October 29, 2004, for approval Julie Peterson moved to approve the vouchers dated October 29, 2004. Bruce White seconded the motion, which passed 3-0. 2005 LEGISLATIVE AGENDA Chief Administrative Officer Mike Martin presented the 2005 Legislative Agenda Mr. Marti advised that each year the City of Kent adopts an annual Legislative Agenda so that individuals lobbying for the City have direction regarding a wide range of legislative issues The 2005 Legislative Agenda is virtually identical to the one that the City Council discussed at a workshop earlier this month. As it shows, the City typically takes one of three positions: 1 "Action" issues: Items we consider to be extremely important for the City of Kent— there are currently twelve (12) Action issues, such as Streamline Sale Tax, funding for Clark Lake, and Transportation items. These items are important enough so to devote major efforts and lobbying toward them in hopes of having legislative and/or budget provisions enacted in 2005 2 "Support/Oppose"issues, Items that are very important to Kent, and will involve the City's use of lobbying time and effort to either support beneficial measures or strongly oppose enactment of adverse ones 3 "Track/Monitor" issues These are issues the City will track and monitor, and involve itself in to a lugher degree if necessary, during the upcoming session. Mr. Martin stated that many of the issues associated with the City's Legislative Agenda could have budgetary impacts. However, those impacts will not be known until completion of the i Operations Committee Minutes November 2, 2004 Page: 2 Legislative Mr. Martin advised that the City uses this legislative agenda with the City's legislators which allows the City to say the City has taken a position on an issue that the force of Council behind it The Operations Committee had questions regarding the Streamlined Sales Tax issue and other legislative agenda issues which Mr Martin addressed. 1 Julie Peterson moved to approve the City of Kent 2005 Legislative Agenda and send it to full Council. Bruce White Peterson seconded the motion,which passed 3-0. DRAFT BUDGET, PROPERTY TAX LEVY, AND SEWER RATE INCREASE ORDINANCE PROPOSALS Finance Director Bob Nachlmger presented the Draft Budget, Property Tax Levy, and Sewer Rate Increase Ordinance Proposals. Mr Nachlmger advised that the ordinances being presented provide two draft property tax levy proposals (each property tax levy proposal consisting of two separate ordinances, as required by law) One proposal uses the City's "banked" property tax capacity, and the other does not The second proposal is the proposed 2005 budget ordinance (which will reflect whether or not the Council elects to use its banked i property tax capacity) Mr Nachlmger further stated that staff has included a proposed sewer rate increase ordinance Questions were received from the Committee City Attorney Tom Brubaker distributed a revised Ordinance, reflecting a change to page 2 Public Works Director Don Wtckstrom addressed the Operations Committee and answered questions and comments regarding the Sewer Rate Increase Ordinance brought forth by the Committee regarding the impacts of the proposed sewer rate increase Julie Peterson moved to recommend adoption of the draft Sewer Rate Increase Ordinance dealing with increased capital and the maintenance and operational needs of both the City's sewer utility system and King County's sewer utility system and for placement of the Sewer Rate Increase Ordinance on the November 16, 2004, City Council Consent Calendar. Bruce White seconded the motion, which passed 3-0. Bruce White moved to table the Draft Budget and Property Tax Levy Ordinances to the November 16, 2004, Operations Committee. Julie Peterson seconded the motion, which passed 3-0. The meeting was adjourned at 4.30 p in. Renee Cameron Operations Committee Secretary 2 Kent City Council Meeting Date November 16, 2004 Category Consent Calendar l. SUBJECT: HUMAN SERVICES COMMISSION APPOINTMENT—CONFIRM 2. SUMMARY STATEMENT: Confirmation of the Mayor's appointment of Ms. Dini Duclos to serve as a member of the Kent Human Services Commission. Ms. Duclos is Chief Executive Officer of the Multi-Service Center, a private not for profit community action agency serving low-income individuals and families living in South King County. She holds a Master's Degree in Social Work from the University of Connecticut's School of Social Work. In addition to her work at the Multi-Service Center, Ms. Duclos participated with other agencies in forming the South County Area Human Services Alliance and currently serves as President of the Board. She is involved in the community, is President-Elect of the Statewide Community Action Partnership and is a Board Member of the Housing Development Consortium of Seattle/King County. Ms. Duclos will replace Melvin Tate and her term will continue until 1/1105. 3. EXHIBITS• Memo 4. RECOMMENDED BY: Mayor White (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? N/A Revenue? N/A Currently in the Budget? Yes No If no: Unbudgeted Expense: Fund Amount $ Unbudgeted Revenue: Fund Amount $ 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 61 r OFFICE OF THE MAYOR Jim White, Mayor Phone 253-856-5700 Fax 253-856-6700 Address 220 Fourth Avenue S KENT Kent,WA 98032-5895 WASHINGTON MEMORANDUM 1 TO. COUNCIL PRESIDENT JULIE PETERSON CITY COUNCIL MEMBERS FROM: JIM WHITE, MAYOR DATE- NOVEMBER 5, 2004 RE APPOINTMENT TO KENT HUMAN SERVICES COMMISSION rI have appointed Ms. Dim Duclos to serve as a member of the Kent Human Services Commission. Ms Duclos is Chief Executive Officer of the Multi-Service Center, a private not for profit community action agency serving low-income individuals and families living in South King County She holds a Master's Degree in Social Work from the University of Connecticut's School of Social Work In addition to her work at the Multi-Service Center, Ms. Duclos participated with other agencies in forming the South County Area Human Services Alliance and currently serves as President of the Board. She is involved in the community, is President-Elect of the Statewide Community Action Partnership and is a Board Member of the Housing Development Consortium of Seattle/King County. Ms. Duclos will replace Melvin Tate and her term will be in effect until l/l/05 I submit this-for your confirmation. jb -r 1 r r Kent City Council Meeting Date November 16, 2004 Category Consent Calendar 1. SUBJECT: 2004 ASPHALT OVERLAYS —ACCEPT AS COMPLETE 2. SUMMARY STATEMENT: As recommended by the Public Works Director, accept the 2004 Asphalt Overlays project as complete and release the retainage to ICON Materials, Inc. upon standard releases from the state and release of any liens. The original contract amount was $648,964.96. The final contract amount was $555,459.14. 3. EXHIBITS: None 4. RECOMMENDED BY: Public Works Director (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? X Revenue?_ Currently in the Budget? Yes X No If no: Unbudgeted Expense: Fund Amount $ Unbudgeted Revenue: Fund Amount $ 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 6J Kent City Council Meeting Date November 16, 2004 Category Other Business 1. SUBJECT: COOPERATIVE PARKING AGREEMENT WITH KING COUNTY JOURNAL 2. SUMMARY STATEMENT: The King County Journal has offered to design, engineer, permit and construct in 18 stall parking lot on undeveloped park property at Hawley Road (South 253rd Street) and share use of the parking lot. The Journal will use it on Monday through Friday from 8:00 a.m. to 5:00 p.m. for employee parking. Park users will use it from 5:00 p.m. until dusk on weekdays and from dawn to dusk on weekends. 3. EXHIBITS: Copy of agreement 4. RECOMMENDED BY: Operations Committee (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? N/A Revenue? N/A Currently in the Budget? Yes No If no: Unbudgeted Expense: Fund Amount S Unbudgeted Revenue: Fund Amount S 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember PAWmil seconds to authorize the Mayor to sign the Cooperating Parking Agreement with the King County Journal. DISCUSSION: ACTION: Council Agenda Item No. 7A COOPERATIVE PARKING AGREEMENT BETWEEN THE CITY OF KENT AND NORTHWEST MEDIA(Washington), L.P., dba KING COUNTY JOURNAL NEWSPAPERS 1 This Cooperative Parking Agreement (hereinafter "Agreement") is made as of the 17`h day of November 2004 (the "Effective Date"), by and between the CITY OF KENT, a Washington municipal corporation (the "City"), with offices located at 220 - 4th Avenue South, Kent, Washington 98032-5895 and NORTHWEST MEDIA(Washington),L.P., an Ohio Ilimited partnership, dba King County Journal Newspapers (the "Journal'), with offices located at 600 Washington Avenue South, Kent, Washington 98032 -5707. 1. Purpose. The purpose of this Agreement is to reduce to writing the understanding reached by the parties to construct and share use of the proposed Hawley Road Parking Lots (as defined below) that will jointly serve the needs of both the City and the Journal 2 Property Description. The City owns Riverwalk Park, currently undeveloped, and located directly south of the existing parking lot owned by the Journal as shown on Exhibit A attached and incorporated by this reference (the "Journal Parking Lot") The legal description of the real property owned by the City and comprising a portion of Riverwalk Park is set forth on attached Exhibit B. The Journal Parking Lot is located directly north of Riverwalk Park as shown on attached Exhibit A and incorporated by this reference. The legal description of the real property owned by the Journal and including the Journal Parking Lot is set forth on attached Exhibit C (the"Journal Property"). 3 Parking Lot Construction. Within 365 days of receiving final permit approval, the Journal shall build an eighteen (18) stall parking lot on the Riverwalk Park property (the "Parking Lot"), as depicted on attached Exhibit D and incorporated by this reference, as an addition to the Journal Parking Lot. Together the two parking lots shall be known as, and are 1 referred to herein as, the "Hawley Road Parking Lots." The Journal shall design and construct the Parking Lot in accordance with the Kent City Code and all other applicable local, state and federal laws, rules, and regulations. The Journal will pay all costs associated with the design, Riverwalk Cooperative Parking Agreement-Page 1 of 14 (November 3, 2004) (between City of Kent and King County Journal) permitting, and construction of the Parking Lot. The City shall be the owner of Riverwalk Park and the Parking Lot. The Journal shall remain the owner of the Journal Parking Lot. The ' Journal shall not allow any liens to be filed against the Parking Lot, and if any liens are filed, the Journal shall have the same released within thirty (30) days, provided that the Journal may obtain a bond in accordance with Washington law in order to effect the release of any such lien. 4. Parking Lot Usage. The Journal will be the primary user of the Parking Lot on Mondays through Fridays from 8:00 a.m. to 5:00 p.m. ("Prime Journal Hours"). The City will be the p rimary u ser o f the P arking Lot on S aturdays and S undays, and after 5 :00 p.m. and continuing until 8:00 a.m. on Mondays through Fridays ("Prime City Hours"). The Journal will be the primary user of the Journal Parking Lot at all times. If the Journal needs to use the Parking Lot during Prime City Hours or the City needs to use the Parking Lot during Prime Journal Hours, such parking shall constitute overflow parking. Overflow parking, as opposed to primary use parking, will be subject to the needs of the primary users. Both parties agree to cooperate with each other to allow for maximum use of the Hawley Road Parking Lots in a manner that creates the minimum impacts to the primary users. Each party may use the other party's parking lot on an overflow basis subject to the following conditions. A. The Journal may use the Parking Lot on Saturdays and Sundays with 24 , hour notice given on weekdays during the hours of 7.30 a.m to 4.00 p.m. to and approval from the Kent Parks, Recreation & Community Services Department (the "Department"), which approval shall not be unreasonably withheld, conditioned or delayed. In the event of an emergency, the Journal may use the Parking Lot on Saturdays and Sundays without notice to or approval from the Department, but shall inform the Department on the next business day of the Journal's use of the Parking Lot. B. During Prime Journal Hours, the City shall first park in the Parking Lot. If the Parking Lot is full, then the City may use vacant spaces in the Journal Parking Lot on a first come first served basis. Riverwalk Cooperative Parking Agreement-Page 2 of 14 (November 3, 2004) (between City of Kent and King County Journal) 5. Maintenance Utilities and Repairs. A The Journal shall be responsible for picking up trash and general cleaning of t he P arking Lot i n a manner and frequency consistent and c oncurrent w ith t he Jo umal's current cleaning program for the Journal Parking Lot. The Journal shall have the right,but not the obligation, at the Journal's sole cost and expense, to place trash receptacles adjacent to the Parking Lot. Trash receptacles shall conform to the City standard trash receptacle model and installation method. The Journal shall be responsible for disposal of trash in receptacles in a manner and frequency consistent and concurrent with the Journal's current trash disposal program for the Journal Parking Lot,but no less frequent than once a week. ' B. The Journal shall pay for all design, permitting and installation of lighting in the Parking Lot, and for the electricity provided to light the Parking Lot. Any Parking Lot lights shall operate by photocell on the same time schedule as the lights on the Journal Parking I Lot. Electricity shall be metered through meters on the property owned by the Journal, subject to permitting conditions. LC The City shall make all Repairs to the Parking Lot. "Repairs" may include, but are not limited to (i) a recoating of asphalt every five (5) years: (n) an application of an asphalt overlay every ten (10) years; and (in) other typical repairs expected for a parking lot owned by the City, including, but not limited to, sealing, asphalt resurfacing, re-striping, 1 repair of vandalism and removal of gang tags or signs and all other gang indicators, all in a manner consistent with the City's maintenance programs for parking lots. The City shall provide written notice to the Journal at least thirty (30) days prior to undertaking any Repairs ("Notice of Repairs") The Notice of Repairs shall state the commencement date for such ' Repairs; the actual Repairs being completed, the duration of the Repair work and whether the City intends to close off any portion of the Parking Lot for such Repairs. If the Parking Lot needs Repairs, the Journal may send a written request for Repairs to the City ("Request for Repairs"). The Request for Repairs shall state the nature of the requested Repair. The City ishall have thirty (30) days to respond to a Request for Repairs with a Notice of Repairs. The City shall make the determination if the repair is to be performed, such determination not to be Riverwalk Cooperative Parking Agreement-Page 3 of 14 (November 3, 2004) (between City of Kent and King County Journal) 1 unreasonably withheld, conditioned or delayed. The Journal and the City shall split the cost of , all Repairs on a 60-40 basis with 60% of the costs being paid by the City and 40% of the costs being paid by the Journal. The Journal shall remit its share of such costs within ten (10) business days after receiving the City's invoice for the same. 6. License. The City and the Journal each grant the other a license to enter on their respective portions of the Hawley Road Parking Lots for the purpose of enforcing the rights , and performing the obligations of each party under this Agreement. 7. Unauthorized Use and Closure. The Journal reserves the right to eject or cause t the ejection from the Journal Property any person or persons not authorized, empowered or privileged to use the Journal Parking Lot pursuant to this Agreement or any portion of the Journal Property. The Journal shall have the right to close off or block access to the Journal Property from time to time, for such reasonable periods of time as may be necessary, to prevent the acquisition of prescriptive rights by anyone. S. Duration This Agreement shall commence on the Effective Date and continue until November 17, 2029 (the "Initial Tenn") Either party may extend this Agreement for a twenty-five (25) year term, terminating November 17, 2054 (the "Extended Term"). A party desiring to extend the term of this Agreement shall provide the other party written notice at least six (6) months prior to the termination of the Initial Term. If a party timely gives written notice of its desire to extend the term of this Agreement, then this Agreement shall continue into the Extended Tenn, and remain in full force and effect with the same covenants and conditions a s s tated h erein. If n either p arty h as t imely p rovided an e xtension n otice t o t he other s ix (6)in onths p rior t o t he t ermmation o f t he Initial T erm, t hen t his A greement s hall automatically terminate, cease, and end at the end of the Initial Term. 9. Insurance; Indemnification; Subrogation. A. The Journal shall carry casualty and liability insurance coverage for the Journal Parking Lot in a manner consistent with the Journal's insurance of the Journal property generally. The Journal's casualty and liability insurance policies for the Journal Parking Lot shall name the City as an additional insured. The City shall carry liability insurance coverage Riverwalk Cooperative Parking Agreement-Page 4 of 14 (November 3, 2004) (between City of Kent and King County Journal) I for the Parking Lot in a manner consistent with any other real property owned by the City. Within five (5)business days of the effective date of this agreement, both parties shall provide a certificate of insurance to the designated representatives. B. The City shall defend, indemnify, and hold the Journal, its officers, officials, employees, and agents (collectively, the "Journal Parties") harmless from any and all liabilities, including claims, injuries, damages, or losses, including all legal costs and reasonable attorney fees, incurred by the Journal Parties, arising out of or in connection with the actions, omissions, negligence or willful misconduct of the City Parties (as defined below), except for claims, injuries, damages or losses caused by the negligence or willful misconduct of the Journal Parties C. The Journal shall defend, indemnify and hold the City, its officers, officials, employees and agents (collectively, the "City Parties") harmless from any and all ' liabilities, including claims, injuries, damages, or losses, including all legal costs and reasonable attorney fees, incurred by the City Parties and arising out of or in connection with the actions, omissions, negligence or willful misconduct of the Journal Parties, except for claims, injuries, damages or losses caused by the negligence or willful misconduct of the City Parties D Whether the loss or damage occasioned to the Hawley Road Parking Lots ` is due to the negligence of the Journal Parties or the City Parties, or any other cause, the Journal and the City do each herewith and hereby release and relieve the other from responsibility for and waive their entire claim of recovery for any loss or damage to the real or personal property of either party located anywhere within the Hawley Road Parking Lots, arising out of or incidental to the occurrence of any of the perils that are in fact covered by the 1 insurance p olicies d escnbed i n S ection 9(A) above. T o t he extent that the r isks under t his Section 9 are in fact covered by insurance, each party shall cause its insurance carriers to consent to such waiver and to waive all rights of subrogation against the other party. ' Riverwalk Cooperative Parking Agreement-Page 5 of 14 (November 3, 2004) (between City of Kent and King County Journal) i 10. 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 Butch Van Kirk (tel.: 253- 872-663) or his designee will represent the Journal, and the Director of the Department (tel.: 253-856-5110) or his designee will represent the City. It shall be the responsibility of these two representatives to address and resolve all issues that arise under this Agreement 11. Non-Waiver of Breach. The failure of either party to insist upon strict performance of any of the covenants and agreements contained in this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants and agreements, and the same shall be and remain to full-force and effect. 12. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties' representatives are unable to settle any dispute, difference, or claim ansing from the parties' performance of this Agreement, the exclusive means of resolving that dispute, difference or claim shall be by filing suit in King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages ansing from the parties' performance of this Agreement, the substantially prevailing party shall be entitled to recover reasonable attorneys fees and all costs incurred in connection with such claim or lawsuit, provided however, nothing in this paragraph shall be construed to limit either party's right to indemnification under Section 9 of this Agreement. 13. Written Notice All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless otherwise notified in writing. Any written notice hereunder shall become effective (a) three (3) business days after the date of mailing by registered or certified mail, (b) the same day if sent by facsimile or (c) the next day if sent by reputable overnight couner and shall be deemed ' sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be later specified in writing. Rrverwalk Cooperative Parkmg Agreement-Page 6 of 14 (November 3, 2004) (between City of Kent and King County Journal) 14. Assignment. Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. 15. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and the Journal. 16. Entire Agreement. The written provisions and terms of this Agreement, together ' with any Exhibits attached, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. All of the above documents are hereby made a part of this Agreement However, should any language in any of ' the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. 17. Recordation This Agreement shall be recorded against the real property comprising the Hawley Road Parking Lots at the sole cost of the City. ' 18. Purchaser/Mortgagee Provisions. Purchaser/Mortgagee Provisions. This Agreement shall be subordinate to the lien of any financing now or hereafter encumbering the Journal Property. At the request of the Journal, the City shall use reasonable efforts to,within twenty (20) business days of such request, provide an estoppel certificate or subordination, non-disturbance and attornment agreement and any other item reasonably requested by the Journal, or any prospective purchaser or mortgagee of the Journal Property, confirming whether (a) this Agreement is in full force and effect, (b) this Agreement has been assigned, modified or amended; (c) the City knows of any default hereunder. Riverwalk Cooperative Parking Agreement-Page 7 of 14 (November 3, 2004) (between City of Kent and King County Journal) IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the Effective Date. CITY OF KENT: NORTHWEST MEDIA(Washington), L.P., dba KING COUNTY JOURNAL NEWSPAPERS By: By: John M. Hodgson Horvitz Newspapers, Inc., an Oluo Its: Director of Parks, Recreation and corporation , Community Services Peter a. Horvitz, President and CEO Address: 220 Fourth Avenue South Address: 600 Washington Avenue South ' Kent, Washington 98032 Kent, Washington 98032-5707 Phone No. (253) 856-5100 Phone No. (253) 872-6600 Fax No. (253) 856-6050 Fax No. (253) 854-1006 (Notary Acknowledgements Appear on Next Page) P\Gvil\FILES�OpenFile"105-^-004\KCJoumal-RivcmalkCoopParkingAgreemem doc Riverwalk Cooperative Parkmg Agreement-Page 8 of 14 (November 3, 2004) (between City of Kent and King County Journal) STATE OF WASHINGTON ) ss. COUNTY OF KING ) ' I hereby certify that on the _ day of , 2004, I know or have satisfactory evidence that PETER A. HORVITZ is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he is authorized to execute the instrument as the President of Horvitz Newspapers, Inc., an Ohio corporation, the General Partner of NORTHWEST MEDIA (WASHINGTON), L.P., an Ohio limited partnership and such execution to be the free and voluntary act of such party for the uses and purposes mentioned in the foregoing instrument. 1 -Notary Seal Must Appear Within This Box- IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written. NOTARY PUBLIC, in and for the State of Washington residing at 1 My appointment expires 1 1 1 1 1 1 Riverwalk Cooperative Parking Agreement-Page 9 of 14 (November 3, 2004) 1 (between City of Kent and King County Journal) i STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) t I hereby certify that on the day of 2004, I know or have , satisfactory evidence that is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he is authorized to execute the instrument on behalf of the CITY OF KENT as its , and such execution to be the free and voluntary act of such party for the uses and purposes mentioned in the foregoing instrument. t -Notary Seal Must Appear Within This Box- IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written. t NOTARY PUBLIC, in and for the State of Washington residing at My appointment expires t t t t Riverwalk Cooperative Parking Agreement-Page 10 of 14 (November 3, 2004) (between City of Kent and King County Journal) t ,• Exhibit A The Hawley Road Parking Lots / z D o � IN � � I o I zoti p I o n m�z 0 0 0 \ O \ cL r \J. N r•£ D I \ nO 6 n < I \ t�3' Fmz L� 6p,3 Y � � A ,,• IS I �� , INAb N I I I I 1 I ,_JI Da \ C Q N y m m \ x t � Lis 00 °O 1 t• Exhibit 8 Legal Description of the Real Property Comprising River Park ' Area To Be Shared (excluding storm pond) All that portion of the southwest quarter of Section 24, Township 22 North, Range ' 4 East, W.M., in the City of Kent, King County, Washington, described as follows* Commencing at a cased monument at the intersection of the centerlines of SR ' 516 and SR 181, which intersection is known as SR 516 Engineer's Station 208+31 47 and SR 181 Engineer's Station 12+21.65, from which, a cased monument with brass disk at the intersection of SR 181 and West Meeker Street t bears N00047'42"E a distance of 1221 54 feet; thence south, along the centerline of SR 181, S00°47'42"W 974.62 feet; thence at right angles to SR 181 S89012'18"E 497 02 feet to the easterly margin of T S Russell Road (also known ' as Hawley Road) and the TRUE POINT OF BEGINNING, said point also being the beginning point of a line described in Record of Survey recorded under King County Recording Number 9210299001, thence N67002'54"E, along said line, ,• 181 37 feet, more or less, to the westerly margin of P S.H. No 5 (SR 167) said point being on a 10,890 00 foot radius, circular curve to the right from which point the center of said curve bears S88010'22"W; thence southerly, along said westerly margin and said curve, through a central angle of 0027'07", an arc distance of 85.90 feet; thence S67002'54"W 143.05 feet to the easterly margin of said T.S Russell Road said point being on a 920 00 foot radius circular curve to ' the left from which point the center of said curve bears S64°31'04"W, thence northerly, along said easterly margin and said curve, through a central angle of 5000'11", an arc distance of 80 34 feet to the TRUE POINT OF BEGINNING ' Containing approximately 12,935 square feet lot O • G wf °off- h! � • '• Exhibit C Legal Description of the Real Property Comprising the Journal Parking Lot ' LEGAL DESCRIPTION: TAX LOT NUMBER 242204-9185 ' THAT PORTION OF THE SOUTHWEST QUARTER OF SECTION 24 TOWNSHIP 22 NORTH RANGE 4 EAST DESCRIBED AS FOLLOWS COMMENCING AT THE SOUTHWEST CORNER OF SW RUSSELL ROAD, DONATION LAND CLAIM NO 41 IN SECTION 25, TOWNSHIP 22 NORTH, RANGE 4 NORTH, THENCE NORTH OD' 45' 00'WEST, 118450 FEET ALONG THE WEST LINE OF SAID ' DONATION LAND CLAIM NO 41 TO THE NORTHEAST CORNER OF TRACT CONVEYED TO DENNIS MULLEN BY DEED UNDER RECORDING NO 3133935 THENCE NORTH 89 15 00'WEST ALONG THE NORTH UNE OF SAID TRACT TO ITS INTERSECTION WITH THE WEST MARGIN OF SR-167 AS CONDEMNED IN KING COUNTY SUPERIOR COURT CAUSE NO 651332 AND THE POINT OF BEGINNING THENCE CONTINUING NORTH 89' 15 DO'WEST TO THE INTERSECTION WITH THE EAST ' BANK OF THE GREEN RIVER THENCE NORTHERLY ALONG SAID EAST 13ANK TO THE SOUTH LINE OF TRACT CONVEYED TO THE Cltt OF KENT 13Y DEED UNDER RECORDING NO 7902050116, THENCE ALONG SAID SOUTH UNE EXTENDING EASTERLY TO THE WESTERLY MARGIN OF TS RUSSELL ROAD (AKA HAWLEY ROAD), THENCE NORTHERLY ALONG SAID EASTERLY MARGIN TO ITS INTERSECTION WITH THE ' SOUTH UNE OF CC THOMPSON DONATION LAND CLAIM NO 39 IN SAID SUBDIVISION THENCE EAST AND NORTH ALONG THE SOUTH AND FAST UNE OF SAID THOMPSON DONATION LAND CLAIM TO ITS INTERSECTION WITH THE WEST MARGIN OF SAID SR-167, THENCE SOUTHERLY ALONG SAID WESTERLY MARGIN TO THE POINT OF BEGINNING, EXCEPT THAT PORTION THEREOF LYING WITHIN THE RIGHT-OF-WAY OF T 5 RUSSELL ' ROAD. ALSO EXCEPT THAT PORTION LYING SOUTHERLY OF THE FOLLOWING DESCRIBED UNE BEGINNING AT THE INTERSECTION OF THE CENTERUNE OF SECONDARY STATE HIGHWAY NO 5-M (SR-181) WITH CENTERUNE OF SECONDARY STATE HIGHWAY NO 5-A (SR-516), THENCE SOUTH W 47 42' WEST ALONG THE CENTERUNE OF SAID SECONDARY STATE HIGHWAY NO 5-M AND THE SOUTHERLY PROJECTION THEREOF 182327 FEET TO THE INTERSECTION WITH THE WESTERLY PROJECTION OF THE FENCE AS SHOWN ON RECORD OF SURVEY UNDER RECORDING NO W03219001 THENCE SOUTH 89' 01' 31' EAST ALONG SAID UNE 552 72 FEET TO THE EASTERLY LINE • THENCE NC RUSSELL ROAD AS SHOWN THEREON, ' THENCE NORTHERLY ALONG SAID EASTERLY LINE ALONG THE ARC OF A CURVE TO THE RIGHT WAVING A RADIUS OF 300 FEET (RADIAL CENTER OF WHICH BEARS NORTH 86 00' 59'EAST, 300 FEET FROM THE LAST MENTIONED POINT), PASSING THROUGH A CENTRAL ANGLE OF 05 00' 34', AN ARC DISTANCE OF 2623 FEET TO THE POINT OF BEGINNING OF HEREIN DESCRIBED UNE, THENCE NORTH 86' 39' 00' FIST, 115 72 FEET TO A POINT ON THE WESTERLY UNE OF ' PRIMARY STATE HIGHWAY NO 5 AND THE TERMINUS OF HEREIN DESCRIBED LINE (PER CITY OF KENT L07 UNE ADJUSTMENT NO LL-90-14, RECORDING NO 9005031242). ALSO EXCEPT THAT PORTION LYING NORTHERLY OF THE FOLLOWING DESCRIBED UNE COMMENCING AT A CASED MONUMENT AT THE INTERSECTION OF THE CENTERLINES OF ' SR-516 AND SR-181 (AKA SR-516 ENGINEER'S STATION 208+31 47 AND SR-181 ENGINEER'S STATION 12+21 65), FROM WHICH A CASED MONUMENT WITH BRASS DISC AT THE INTERSECTION OF SR-181 AND WEST MEEKER STREET BEARS NORTH W 47' 42' EAST, 1221 56 FEET THENCE SOUTH ALONG THE CENTERUNE OF SR-181, SOUTH 00' 47' 42'WEST, 974 62 FEET, ' THENCE,AT RIGHT ANGLE TO SR-181, SOUTH 89' 12' 18" EAST, 49702 TO THE EASTERLY MARGIN OF T S RUSSELL ROAD AND THE POINT OF BEGINNING, THENCE NORTH 67* 02' 54' EAST, 181 35 FEET, MORE OR LESS, TO THE WESTERLY MARGIN OF SR-167 AND THE TERMINUS OF HEREIN DESCRIBED UNE TOGETHER WITH THAT PORTION OF THE WEST HALF OF THE SOUTHWEST QUARTER OF ' SECTION 22, TOWNSHIP 22 NORTH, RANGE 4 FAST, DESCRIBED AS FOLLOWS BEGINNING AT THE INTERSECTION OF THE CENTERUNE OF SECONDARY STATE HIGHWAY NO 5-M (SR-IB1) WTTIN THE CENTERLINE OF SECONDARY STATE HIGHWAY NO 5-A(SR-516), THENCE SOUTH DO' 47' 42" WEST AANG THE CENTERUNE OF SAID SECONDARY STATE ' HIGHWAY NO 5-M AND THE SOUTHERLY PROJECTION THEREOF 182327 FEET TO THE INTERSECTION WITH THE WESTERLY PROJECTION OF THE FENCE AS SHOWN ON RECORD OF SURVEY RECORDING NO 8003219001, THENCE SOUTH 89' D1' 31"EAST ALONG SAID UNE 552 72 FEET TO THE EASTERLY UNE OF T S RUSSELL ROAD (FAWLEY ROAD), AS ROAD IS SHOWN OF SAD RECORD OF SURVEY AND THE POINT OF BEGINNING, ' THENCE CONTINUING SOUTH B5 01' 31'EAST, 11312 FEET TO A POINT ON THE WESTERLY UNE OF PRILAARY STATE HIGHWAY NO 5 (SR-167), THENCE NORTH ALONG SAID WESTERLY LINE ALONG THE ARC OF A CURVE TO THE LEFT HAYING A RADIUS OF 10890 FEET (RADIAL CENTER BEARING NORTH 87 03 249- WEST), PASSING THROUGH A CENTRAL ANGLE OF 01' 22' 01 9, AN ARC DISTANCE OF 3495 FEET, THENCE SOUTH 86' 39' 00'WEST, 11572 FEET TO A POINT ON THE EASTERLY UNE OF SAID T S RUSSELL ROAD, THENCE SOUTHERLY ALONG SAID EASTERLY UNE ALONG AN ARC OF A CURVE TO THE • LEFT HAVING A RADIUS OF 300 FEET (RADIAL CENTER BEARING SOUTH B8' 58' 27" EAST), PASSING THROUGH A CENTRAL ANGLE OF OS' 00' 34%AN ARC DISTANCE OF 26 32 FEET TO THE POINT OF BEGINNING 1 1 '• Exhibit D ' Plans and Specifications for the Parking Lot Sheets D-1 through D-5 1• 1 1 • iKent City Council Meeting Date November 16, 2004 Category Other Business 1. SUBJECT: CRITICAL AREAS ORDINANCE 2. SUMMARY STATEMENT: As required under the Growth Management Act, the City has been reviewing and analyzing an update to its Critical Areas regulations. ' Following a public hearing before the Land Use and Planning Board and review by the Planning and Economic Development Committee (Committee), the Council considered the draft ordinance at its November 2, 2004, meeting. At that time, Council referred the ordinance to the Committee for review of certain issues. The Committee will consider this matter at its November 15, 2004, meeting. Should the Committee favor modifications of the ordinance that have not been considered at the public hearing, a second public hearing will be held. Should the Committee forward the ordinance to the Council as it is drafted, the Council will consider the ordinance at its November 16, 2004, meeting. 3. EXHIBITS: 10/13/04 Memorandum, ordinance, and 10/04/04 Planning Committee Minutes ' 4. RECOMMENDED BY: Planning Committee (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? No Revenue? No Currently in the Budget? Yes No If no: Unbudgeted Expense: Fund Amount $ Unbudgeted Revenue: Fund Amount $ 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds 1 to approve/deny/modify and adopt the amended Critical Areas Ordinance No. establishing Kent City Code section 11.06, repealing section 11.05, and amending portions of chapters 11, 14 and 15. DISCUSSION: ACTION: Council Agenda rItem No. 7B COMMUNITY DEVELOPMENT Fred N. Satterstrom,AICP,Director PLANNING SERVICES KEN T Charlene Anderson,AiCP,Manager WASH ING TON Phone 253-956-5454 Fax 253-856-6454 Address 220 Fourth Avenue S ' Kent,OVA 98032-5595 October 13,2004 ' TO: COUNCIL PRESIDENT JULIE PETERSON AND COUNCIL MEMBERS FROM: KIM MAROUSEK,AICP,PRINCIPAL PLANNER SUBJECT: ZONING CODE AMENDMENT #ZCA-2002-4 CRITICAL AREAS ORDINANCE UPDATE ' SUMMARY: On October 4, 2003. the Platuvng and Economic Development Committee, moved to forward #ZCA-20024 to the City Council for consideration A copy of the proposed code amendment is attached. A complete copy of the file is available in the council office for review BUDGET IMPACT: None BACKGROUND: As a requirement of the five—year GMA update, the City is evaluating its existing critical area regulations. Staff has prepared a draft ordinance with recommended changes to the existing regulations based upon best available science (BAS) review The critical areas ordinance (CAO) addresses regulations relative to wetlands, geologic hazard areas, critical aquifer recharge areas, and fish and wildlife habitat. By state law, frequently flooded areas are also considered a critical aiea Kent's frequently flooded areas are contained in KCC 14 09; proposed revisions to this code section are also included The draft CAO consolidates all regulations, with the exception of frequently flooded areas, into one code section to be administered by the Public Works Department. The adoption of the CAO will repeal existing regulations relative to wetlands, streams and geologic hazard areas and consolidate those into one new code section. PROPOSED CHANGES: Upon review of the Best Available Science (BAS), internal review and public comments, staff has formalized the recommended code re-visions for each critical area element ' The following discussion highlights substantive proposed changes relative to the existing critical area regulations. Adniirustration. The CAO is drafted to be administered as one, consolidated ordinance by the ' Public Works Department. The exception is that the frequently flooded regulations will remain in KCC 14.09, but will also be administered by the Public Works Department This will provide for a more consistent approach to applying the regulations especially when there are multiple critical areas present on a site, such as wetlands and streams. The code will also administratively provide for a limited number of activities which are exempt from the CAO because they would not, by their nature, City Council Workshop 10/19/04 ' Critical Areas Ordinance Update#ZCA-2002-4 Pagel of 5 cause significant impacts to critical areas, or because they are exempt by other provisions of state law ' (e.g., legally vested projects), or because they provide valuable educational or recreational opportunities. Additionally, there is discretion granted to the Director to allow for administrative variations to buffer widths, for example through buffer averaging. Buffer averaging would only be ' permitted in certain instances and when appropriate mitigation is also provided. The ability to provide buffer averaging was considered within the BAS evaluation. Wetlands: Currently, the wetland regulations are found in KCC 11.05. Staff is proposing a three-tiered wetland category approach which is similar to the existing regulations. The primary change from the existing , regulations is relative to the proposed buffer widths, which are reflected in the table below. Categ-ory Existing Buffer Drat Proposed Buffer l 100—feet 125—feet ' 2 50—feet 75—feet 3 25—feet 50—feet Geologic Hazard Areas: ' Current hazard area regulations are contained within KCC 15.08 220-224. They are defined as low, moderate and severe hazard areas. The existing regulations limit the amount of impervious surface ' area which can be placed within the defined hazard area. The regulations also call out setbacks for 17avines." Under the GMA, geologic hazard areas are defined as landslide, erosion, seismic and volcanic hazard areas The BAS analysis supports a minimum buffer for landslide hazard areas equal to the vertical height of the landslide area or fifty (50) feet, whichever is greater_ Buffer reductions may be permitted if supportable through a site-specific geotech nical evaluation However, from a policy standpoint, staff has added language that would not allow a reduction of a landslide buffer ' below 25-feet. The draft regulations would also limit the way in which work could proceed within an erosion area. Frequently Flooded Areas: These regulations currently exist in Section 14.09 of the Kent City Code and will remain in this code section. The proposed changes are minor in nature and deal primarily with administrative ' clarifications. Some minor language was also added with respect to water well locations and recreational vehicles that may be placed in flood areas. Mldhyf Conservation Areas• The existing code does not contain a provision for wildlife conservation areas. This new code section is defined as an area with the documented presence of listed species or habitat by a federal or state , agency; unusual nesting or resting sites such as heron rookeries or raptor nesting trees; category 1 wetlands, and ponds less than 20 acres in size. Appropriate buffers would be established through a site specific wildlife study, except for ponds which would have a prescriptive buffer width of 75—feet. It is , important to note that wildlife areas often overlap with other critical areas such as wetlands or streams. All of the regulatory requirements for each critical area on a specific site would apply. City Council Workshop 10/19/04 , Critical Areas Ordinance Update##ZCA-20024 Page 2 of Critical Aquifer Recharge Areas (CARAs): The existing city code does not currently contain a provision for CARAs. Generally, CARAs are defined as wellhead protection areas and are areas that have geologic conditions associated with infiltration rates that create a high potential for contamination of ground water resources, or contribute significantly to the replenishment of ground water. Within CARAs, certain types of land uses would either be prohibited or would require additional analysis and may be restricted. Types of prohibited land uses include heavy land uses such as: landfills; injection wells; mining opeiations; wood ' treatment facilities; storage, processing and handling of radio active waste; and, other activities that could significantly impact potable water sources or stream base flows. Types of uses that would require additional analysis and may result in restrictions include: above ground storage tanks; dry cleaners; pipelines with hazardous liquid transmission, auto repair facilities; underground storage tanks; and gas stations. Streams: Current regulations for streams are found in KCC 15.08.220-224. These regulations differentiate between the stream systems in the valley (Major Creeks, Minor Creeks and ditches) and those within ' the Soos Creek system(stream Types 1 —3 and ditches). The"valley" stream system regulations were created in the early 1950's, whereas the Soos Creek regulations were developed by King County in the early 1990's and were retained by Kent when the East Hill areas were annexed. Staff proposes a three-tiered system which closely resembles the existing Soos Creek Oveilay standaids. The stream-typing system is expressed in the table below Functionally, the proposed ' setbacks remain largely unchanged. ' Pro osed Stream Regulations Cate ory Definition Proposed BuJfei T e 1 Shorelines of the State By SNIP Type 2 Salmomd beaung segments of natural waters not classified as 100 feet Type 1 Water,with documented salmomd use. This category also refers to lakes,ponds,or mtpoundments having a surface area of 1 ' acre of greater at seasonal low water. Salmonid Bearing waters are used by fish fors awiun ,rearms;or migration Type 3 Non-salmomd segments of natural waters not classified as Type 1 40 feet or 2 Waters These are stream segments within the bankfull width of defined channels that are perennial and mterimtent non- salmomd habitat streams These waters begin at a point along the channel where documented salmomd fish use ends Valley Stream Kent Valley stream system as mapped Generally sections of Mill, 50 feet with Overlay Garrison and S rmgbrook Creeks mitigation planting City Council Workshop 10/19/04 Critical Areas Ordinance Update#ZCA-20024 Page 3 of 5 Soos Creek Basin (East Hill)—E_ristin Revelations ' categoly Definition Exisnyig Bu er Class 1 Shorelines of the State By SMP Class 2 Flow year round or are used by salnronids 100 feet w/salmomds 50 feet w/out ' salmonids Class 3 Internuttent orephemeral streams 25 feet Ditches In igation ditches,canals,storm or surface water conveyance 10 feet channels,or other entirely artificial watercourses not utilized by ' salmonids Palley Streams—E 1. iner,Re ulations ' Cate on, Definition Existing Bu ei Major Creek Mill,Garrison, Springbrook,Johnson,Midway Star lake, 50 feet Bm aman Mullen Slough , Minor Creek Any naturally flowing defined channel not identified as a Major 25 feet Creek Ditch Manmade channel with a bed,bank or sides which discharge into 10 feet a ma or or minor creek The valley stream systems (Mill Creek, Sprtngbrook Creek and Garrison Creek) present a unique situation, in that many of the affected parcels are built to the current setbacks and are as small in places ' as 15-feet. Tlus area is primarily developed with existing buildings, impervious surfaces and other structures. In many cases land uses have altered the area to such a degree that sufficient area is not available, in most cases, to meet a 100-foot buffer (as proposed for salmonid systems). The natural ' stream condition is also degraded with respect to habitat and water quality. The draft ordinance proposes an `overlay' zone in this area which focuses on enliancing particular stream functions while working within the limited riparian area that is available. ' The proposed CAO update includes Best Available Science in the buffer reconmiendatioils, mitigation ratios as well as other provisions. The Valley Stream Overlay area and other stream regulations, although within the general range of BAS, work to strike a balance between an existing development , pattern and the long-term protection of the city's stream resources. Sun-ounding Jurisdictions Staff has been tracking the process of the CAO updates for surrounding jurisdictions as well as King County. Although not yet adopted,the proposals from surrounding jurisdictions appear to be similar to , Kent's proposal. Specifically, staff has focused on stream and wetland buffers since the other critical areas (in Kent) are least impacted by the proposed regulatory changes. Since the classification systems for streams and wetlands differ among different cities and the county, ' it is difficult to compare them across the board However, it appears that Kent's recommendations for wetland and stream buffers are within a range of 25 feet,plus or minus King County's proposal, also not yet adopted, differentiates between the "urban" and "rural" areas. Within the "urban" areas, the ' range of buffer recommendations for wetlands and streams are similar to Kent's. Although the City Council Workshop 10/19/04 t Critical Areas Ordinance Update#ZCA-2002-4 Page 4 of 5 i i wetland buffers are slightly smaller than Kent is recommending, the Comity's proposed stream buffers are slightly higher. i Buildable Lands- The issue of buildable lands and capacity,relative to residential development, was raised by the Master Builders Association at the public hearing. Staff has looked at this issue against the proposed changes to critical area buffers. Certain assumptions were made regarding critical areas when the buildable lands analysis was completed in 2001. Many of those assumptions are still valid even given the potential for revised buffer widths. Within the proposed regulations, wetland buffers would increase i by 25-feet for each category. However, other critical area regulations remain largely unchanged, although buffers to steep slopes would likely decrease. The trend in Kent's residential development shows that achieved densities for over the past three years are slightly higher than the previous four years. This suggests that the capacity numbers that Kent utilized previously may be slightly conservative. With the proposed revisions to the critical areas ordinance, some buffers will increase and others will decrease. Additionally,recent regulatory options to achieve densities (i.e. clustering and PUD ordinances) as well as administrative options written into the draft CAO, such as buffer averaging, would allow for more flexibility on sites constrained by sensitive areas to achieve densities that are consistent with the capacities identified in the Comprehensive Plan Staff, as well as the city's consultants,will be available to answer questions at the Council Woikshop AA+ipm S IPerntii'Plan1ZONECODEAAfEND120021CAO110-19cotatalivrkrolip doe Eric Draft Ordinance 9-27-04 KCC 1409,Flood hazard Regulations,Revised cc Fred N Saltersironi.AICP CD Director Charlene Anderson AICP,Planning Services Manager Don Wicl.strom,PW Director Gary Gill,City Engineer Kim'Adams-Pralt,Assistant City Attorney Bill Wolmski,Environmental Engineering Managet ' Kelly Peterson,Environmental Engineering Project File i City Council Workshop 10/19/04 Critical Areas Ordinance Update#ZCA-20024 Page 5 of i 1 ORDINANCE NO. AN ORDINANCE of the City Council of the City of Kent, Washington, repealing chapter 11.05 of the Kent City Code, entitled "Wetlands Management," creating a new chapter 11.06, entitled "Critical Areas;" amending chapter 14.09 of the Kent City Code, regarding flood hazard regulations, amending section 15.08.260 of the Kent City Code entitled "Green River Corridor special interest district regulations," to adjust for the sections established in chapter 1106, amending chapter 11.03 to add SEPA substantive authority; and making other related amendments RECITALS A The City of Kent has undergone extensive study and review to comply with the requirements of the Growth Management Act (RCW 36 70A) to implement development regulations that identify and protect critical areas as required by RCW 36.70A.215. This analysis has included the best available science, consistent with RCW 36.70A.172 and WAC 365-195-900. B. The City's intent has been to develop and implement a comprehensive, balanced, and fair regulatory program that avoids impacts to critical resources where possible, that requires mitigation be performed by those persons or activities affecting critical areas, and that thereby protects the public from injury, loss of life, or loss o property or finances. 1 Critical Areas C. The City's review process included an open house with the public on Jul 22,2004, and a focus group meeting with interested parties on September 8, 2004. The Land Use and Planning Board held workshops on May 29, 2004, and August 9, 2004, j along with a public hearing on September 13, 2004. The Planning and Economic Development Committee reviewed the issue at its meeting on October 4, 2004, and workshop with the City Council was held on October 19, 2004. D. Under the State Environmental Policy Act (SEPA), the City issued notice to adopt the Comprehensive Plan EIS, draft (July 1994) and final (January 1995), along with an Addendum on September 3, 2004. E. On July 1, 2004, the City provided the required sixty (60) day notification under RCW 36.70A.106 to the state of Washington on the City's proposed critical area ordinance. Comments from the state were received, considered, and entered into the record. I F. These regulations will implement goals and policies of the Kent Comprehensive Plan, including those pertaining to natural features, environmental protection, land use, housing, economic development, transportation, utilities and adequate public facilities. G. The regulations adopted shall also serve as a basis for the exercise of the City's substantive SEPA authority, while at the same time reducing the City's reliance on project-level SEPA review to develop standards. H. These standards will provide consistent standards, criteria, and procedures that will enable the City to effectively manage and protect critical areas while accommodating the rights of property owners to use their property in a reasonable manner. At the same time, these regulations will provide greater certainty to property owners regarding uses and activities that are permitted, prohibited and/or regulated due to the presence of critical areas. These regulations will also coordinate 2 Critical Areas i environmental review and the permitting of proposals involving critical areas with existing development review and approval processes to avoid duplication and delay, consistent with RCW 36.70B. I. These regulations are intended to establish conservation and protection measures for threatened and endangered species in compliance with the requirements o the Endangered Species Act and WAC 365-195-925, and provide special consideration for anadromous fish J. These regulations will serve to alert members of the public, including: appraisers, assessors, owners, potential buyers or lessees, to the development limitations of critical areas and their required buffers. K. This Ordinance is an exercise of the City's police power to protect the public's health, safety and general welfare. NOW THEREFORE, THE CITl' COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS ORDINANCE SECTION 1. - Aniend Section 11.03 510 of the Kent City Code, entitle "Substantive authority," is amended to read as follows. Sec. 11.03.510 Substantive authority. A. The policies and goals set forth in this chapter are supplementary to those in the iexisting authorization of the city. B. The city may attach conditions to a permit or approval for a proposal so long as. i3 Critical Areas i 1. Such conditions are necessary to mitigate specific probable significant adverse environmental impacts identified in environmental documents prepared pursuant to this chapter; i 2. Such conditions are in writing; 3. The mitigation measures included in such conditions are reasonable an capable of being accomplished; 4. The city has considered whether other local, state, or federal mitigation measures applied to the proposal are sufficient to mitigate the identified impacts; and 5. Such conditions are based on one (1) or more laws or regulations as , provided in Ch 11.03 KCC and subsection (D) of this section and identified in writing in the license or other decision document. C. The city may deny a permit or approval for a proposal on the basis of Stat (� Environmental Policy Act so long as: I 1. A finding is made that approving the proposal would result in probable significant adverse environmental impacts that are identified in a final environmental impact statement or final supplementary environmental impact statement prepare pursuant to this chapter; 2. A finding is made that there are no reasonable mitigation measure capable of being accomplished that are sufficient to mitigate the identified impact; and 3. The denial is based on one (1) or more policies identified in subsection (D) below and identified in writing in the license or other decision document. D. The city designates and adopts by reference the following additional policies a the basis for the city's exercise of authority pursuant to this section: 1. The city shall use all practicable means, consistent with other essential considerations of state policy, to improve and coordinate plans, functions, program i and resources to the end that the state and its citizens may: 4 Critical Areas i 1 i a. Fulfill the responsibilities of each generation as trustee of the environment for succeeding generations; b. Assure for all people of the state safe, healthful, productive and Eaesthetically and culturally pleasing surroundings; c. Attain the widest range of beneficial uses of the environment without degradation, risk to health or safety or other undesirable and unintended consequences; d. Preserve important historic, cultural and natural aspects of our national heritage; e Maintain, wherever possible, an environment which supports diversity and variety of individual choice; i f. Achieve a balance between population and resource use which will permit high standards of living and a wide sharing of life's amenities, and g. Enhance the quality of renewable resources and approach the maximum attainable recycling of depletable resources. 2. The city recognizes that each person has a fundamental and inalienabl right to a healthful environmcnt and that each person has a responsibility to contribute ito the preservation and enhancement of the environment. j3. The city adopts by reference the policies in the following city codes, ordinances, and resolutions: ja. The citywide comprehensive plan as prepared and adopted pursuant to the State Growth Management Act and adopted on April 18, 1995 by the Kent city council by Ordinance 3222 and its specific components and elements, and including al amendments thereto. b. Shoreline master program as adopted by the Washington State Department of Ecology on June 16, 1992 and as adopted by the Kent city council o July 21, 1992 by Ordinance 3056 and including all amendments thereto. 5 Critical Areas i c. The surface water and drainage code, Ch. 7.07 KCC and including all amendments thereto. d. Underground installation of electrical or communications facilities, Ch. 7.10 KCC and including all amendments thereto. e. Transportation master plan (Resolution 1014 and amended by Resolution 1032) and Green River Valley transportation action plan (Resolution 1127) as may hereafter be amended and including all amendments thereto. f. Wastewater facilities master plan, Ch. 7.09 KCC and including all amendments thereto. g Comprehensive water plan (Ordinances 2829 and 2960) and conservation element Resolution 1361 and including all amendments thereto h Construction standards for public works, KCC 6 02.010 and 6.02.020 (Ordinance 3117) and including all amendments thereto. i. Street use permit requirements, Ch. 6 07 KCC and including all amendments thereto. j. Flood hazard protection, Ch. 14 09 KCC and including all amendments thereto. j k Subdivisions, Ch. 12.04 KCC and including all amendments thereto. 1. Mobile home parks, Ch. 12.05 KCC and including all amendments thereto. in. Valley studies (as adopted in Resolutions 920, 921, 922, 923, and 924). n. Noise control, Ch. 8.05 KCC and including all amendments thereto. ' o. State building code, together with the local implementing j ordinances,KCC Title 14 and including all amendments thereto. 6 Critical Areas p. State fire code, together with the local implementing ordinances, KCC Title 13 and including all amendments thereto. q. Zoning,KCC Title 15 and including all amendments thereto r. Recreational vehicle park, Ch. 12.06 KCC and including all amendments thereto. s. Water shortage emergency regulations, Ch. 7.13 KCC and Water Conservation Ordinance 2227 and including all amendments thereto. t Required public improvements, Chs. 6.02 and 6.03 KCC and including all amendments thereto. u Storm and surface water drainage utility, Ch 7 05 KCC and i including all amendments thereto. v Storm drainage policies (Ordinance 2547) and including all amendments thereto. w. Six (6) year transportation improvement plan (Resolution 1444) and including all amendments thereto. x Comprehensive sewerage plan (Resolution 915) and including all r amendments thereto. y. Fire master plan (Ordinance 2511) and including all amendments thereto. z. Critical areas Ordinance 37 b 9449�and including all amendments thereto. �. Endangered e inelading all amendments. 7 Critical Areas SECTION 2. — Repeal. Chapter 11.05 of the Kent City Code, entitle "Wetlands Management,"is hereby repealed in its entirety. SECTION 3. — Create. Chapter 11.06 of the Kent City Code, entitled"Critic Areas,"is hereby created and shall read as follows: j Chapter 11.06 CRITICAL AREAS Article 1. Procedural & Administrative Provisions Sec. 11.06.010. Title. This code shall be hereinafter known as the city of Kent critical areas code. Sec. 11.06.020. Purpose and Intent. A. The city of Kent contains numerous areas that can be identified and characterized as cntical or environmentally sensitive. Such areas_ within the city include wetlands, streams. wildlife and fishenes habitat, geologic hazard areas, frequently flooded areas, and aquifer recharge areas. B The city finds that these cntical areas perform a vanety of valuable and beneficial biological, physical and economic functions that benefit the city and its residents. Alteration of certain critical areas may pose a threat to public safety, pnvate property and the environment. The city finds, therefore, that identification, regulation and protection of critical areas is necessary to protect the public health, safety and general welfare The city further finds that the functions of critical areas, and the purpose of these regulations, include the following: 1. Wetlands. Wetlands perform a variety of functions that include maintaining water quality; storing and convening stormwater and floodwater; recharging groundwater;providing important fish and wildlife habitat; and providing areas for recreation, education, scientific study and aesthetic appreciation. Wetland buffers serve to moderate runoff volume and flow rates; reduce i sediment, chemical nutrient and toxic pollutants, provide shading to maintain desirable i 8 Critical Areas ' water temperatures,• provide habitat for wildlife; and protect wetland resources from harmful intrusion. iThe primary goals of wetland regulation are to avoid wetland impacts; to achieve no net loss of wetland function and value, acreage may also be considered in achieving the overall goal; to provide levels of protection that reflect the sensitivity o individual wetlands and the intensity of proposed land uses; and to restore and/or enhance existing wetlands,where possible. 2 Fish & Wildlife Habitat Conservation Areas. a. Streams and their associated riparian corridors provide important fish and wildlife habitat including habitat for threatened and endangered species; help maintain water quality, store and convey stormwater and floodwater; recharge groundwater• and serve as areas for recreation education, scientific study and aesthetic Mpreciation. Stream buffers serve to moderate stormwater runoff volume and flow rates, reduce sediment, chemical nutnent and toxic pollutants; provide shading to maintain desirable water temperatures, provide habitat for wildlife, and protect stream resources from harmful intrusion. The pnmary goals of streanl regulation are to avoid or otherwise 1 mitigate significant impacts to streams and associated npanan corridors, to protect threatened and endangered species: to protect water quality through appropriate management techniques: and, where possible, to provide for stream enhancement and rehabilitation. b. Wildlife habitat provides opportunities for food, cover, nesting, breeding and movement for fish and wildlife within the city; maintains and promotes 1 diversity of species and habitat within the city; integrates habitat protection with elements of the city's open space system, helps maintain air and water quality, helps 1 control erosion, serves as areas for recreation, education and scientific study and aesthetic appreciation iThe primary goals of wildlife habitat regulations are to identify and protect fish and wildlife habitat, to avoid impacts to critical habitats for fish and jwildlife, to implement the goals of the Endangered Species Act; to promote connectivity between habitat areas to allow for wildlife movement; to provide multi- 9 Critical Areas purpose open space corridors; and where possible to enhance and rehabilitate wildlife habitat. 3. Geologic Hazard Areas. Geologic hazard areas include land characterized by geologic, hydrologic and topographic conditions that render them susceptible to varying degrees of risk of landslides, erosion, seismic or volcanic activity. The primary goals of regulating geologic hazards are to avoid and minimize potential impacts to life and property; to regulate land uses where necessary; and to conduct appropriate levels of analysis to ensure sound engineering and construction practices to address identified hazards. 4. Critical Aquifer Recharge Areas. Aquifer recharge areas provide a source of potable water and contribute to stream discharge/flow during penods of low flow The city finds that certain locations are susceptible to contamination of water supplies by infiltration of pollutants through soil to groundwater aquifers. The pnmary goals of aquifer recharge regulations are to protect cntical aquifer recharge areas and groundwater quality by avoiding or limiting land use activities that pose potential nsk of aquifer contamination, and to minimize impacts to significant aquifer recharge areas through the application of performance standards. 5 Specific Flood Hazard Regulations This section of the Kent Citv Code, and other sections as incorporated by reference contain standards procedures, cnteria and requirements intended to identify, analyze and mitigate potential impacts to the city's cntical areas and to enhance and restore degraded resources where possible. The general intent of these regulations is td avoid impacts to critical areas. In appropriate circumstances impacts to specified critical areas resulting from regulated activities may be minimized rectified reduced and/or compensated for, consistent with the requirements of this chapter. Sec. 11.06.030. Regulated Activities. ' A The provisions of this chapter shall apply to any regulated activity that potentially affects a critical area or its buffer unless otherwise exempt by these regulations. Applicable activities are as follows: 10 Critical Areas i 1 Removing excavating disturbine or dredging soil, sand, gravel, minerals organic matter or materials of any kind. 2 Dumping discharging or filling with any material. 3 Draining flooding or disturbine the water level or water table, or diverting or impeding water flow. 4. Driving pilings or placing obstructions. 5 Constructing substantially reconstructing demolishing or altenng the size of any structure or infrastructure. 6 Destroying or altering vegetation through cleanng, grading, harvesting, shading or planting vegetation that would negatively affect the character of a critical area. 7 Activities that result in significant chanties in water temperature, physical or chemical charactenstics of water sources, including quantity and pollutants 8 Any other activity potentially affecting a critical area or buffer not otherwise exempt from the provisions of this chapter as determined by the department 9. The construction of new recreation trails within the buffer, which shall be low intensity, designed and constructed of permeable materials which protect water quality, allow adequate surface water and groundwater movements, do not contnbute to erosion and are located where they do not disturb nesting, breeding and reanng areas, (' and designed to avoid or reduce the removal of trees. Where a regulated activity would be partly within and partly outside a critical area or its buffer, the entire activity shall be reviewed pursuant to the requirements o this chapter. iB. To avoid duplication, all permits and approvals identified in KCC 12 01 shall be subtect to, and coordinated with, the requirements of this chapter C. Non-proiect actions, including but not limited to rezones, comprehensive plan map amendments, annexations, and the adoption of plans and programs, shall be subiect to the requirements of this chapter However, the department may at its discretion ernit any studies or evaluations required by this chapter to use methodologies and provide a level of detail appropriate to the action proposed. j11 Critical Areas D. Activities within the Green River Natural Resources Area shall be subject to this chapter with the exception of activities allowed by Resolution 922, adopted by the City of Kent in March 1981. Sec. 11.06.040. Exemptions. A. The following activities performed on sites containing critical areas as defined by this chapter shall be exempt from the provisions of these regulations: j 1. Conservation or preservation of soil water, vegetation, fish and other wildlife that does not entail changing the structure or functions of the critical area. 2. Existing and on oiQ ne agricultural activities, as defined in this chapter. 3. Activities involving artificially created wetlands or streams intentionall created from non-wetland sites including but not limited to ass-lined swales im ation and drainage ditches retention or detention facilities and landscape features except wetlands or streams created as mitigation or that provide critical habitat for anadromous fish. 4. Operation. maintenance re air and reconstruction of existing structures roads trails streets utilities and associated structures dikes levees or draina systems, provided that reconstruction of any facilities or structures is not "substantial reconstruction" may not further encroach on a critical area or its buffer. and shall incorporate Best Management Practices. 5. Normal maintenance air and reconstruction of residential o commercial structures facilities and landscaping, rovided that reconstruction of an structures may not increase the previous footprint, and further provided that the provisions of this chapter are followed. 6. The addition of floor area within an existing building which does no increase the building footprint. j 7. Site investigative work and studies that are prereguisite to preparation o an gpolication for development including soils tests water quality studies wildlife studies and similar tests and investigations, provided that any disturbance of the critics area shall be the minimum necessary to carry out the work or studies. 12 Critical Areas i S. Educational activities scientific research, and outdoor recreational activities including but not limited to interpretive field trips, birdwatching, boating, tswimming fishing and hiking,that will not have a significant effect on the critical area. 9 The harvesting of wild crops and seeds to propagate native plants in a manner that is not iniurious to natural reproduction of such crops and provided the harvesting does not require tilling of soil planting of crops or alteration of the critical area by changing existing topography, water conditions or water sources. 10 Emergency activities necessary to prevent an immediate threat to public health safety, property or the environment which requires immediate action within a time too short to allow full compliance with this chapter as determined by the department. 11. Development of lots vested and/or legally created through a subdivision, short subdivision or other legal means and approved pnor to the effective date of this chapter. 12. Previously legally filled wetlands or wetlands accidentally created by human actions pnor to July 1, 1990 The latter shall be documented through photographs statements and/or other conclusive evidence and be agreed to by the 11 director 13. Removal of invasive plants and planting of native vegetation in wetland and stream buffers for the purpose of enhancing habitat values of these areas pursuant to an approved mitigation plan. I14. Stabilization of sites where erosion or landsliding threatens public or private structures, utilities, roadways, dnveways or publicly maintained trails or where ierosion or landsliding threatens any lake, stream, wetland or shoreline. Stabilization work shall be performed in a manner which causes the least possible disturbance to the slope and its vegetative cover. This activity shall be performed in accordance with approved site stabilization plans. 15. Minor activities not mentioned above and determined in advance and in writing by the director to have minimal impacts to a critical area. B. Notwithstanding the exemptions provided by this subsection, any otherwise exempt activities occurring in or near a critical area or its buffer shall comply with the 13 Critical Areas i i intent of these standards and shall consider on-site altematives that avoid or minimize ' simificant adverse impacts. Emergency activities shall mitigate for any impacts caused to critical areas upon abatement of the emergency, j C. With the exception of emergency actions, and existing and ongoing agricultural activities no property owner or other entity shall undertake exempt activities prior to providing fourteen (14) days notice to the director and receiving confirmation in writing that the proposed activity is exempt In case of any Question as to whether a particular activity is exempt from the provisions of this section the director's determination shall prevail and shall be confirmed in writing. D. Legally_established uses developments or structures that are nonconforming solely due to inconsistencies with the provisions of this chapter, shall not be considered nonconforming pursuant to KCC 15.08.100 Reconstruction or additions to existing structures which intrude into cntical areas or their buffers shall not increase the amount of such intrusion except as provided by section 10(A) of this title Once a non- conforming use is discontinued for a period of one-year, that use cannot be re- established. E. The exemptions established by this section shall apply only to activities that are otherwise permitted by federal, state and/or local laws Sec. 11.06.050. Critical areas maps. The approximate location and extent of critical areas within the city are shown on the critical areas inventory maps These maps shall be used for infonnational purposes and as a general guide only, for the assistance of property owners and other interested parties• the boundaries and locations shown are generalized. The actual presence or absence type extent boundaries and classification of critical areas on a specific site shall be identified in the field by a qualified consultant and confirmed by i the department according to the procedures definitions and criteria established by this chapter. In the event of any conflict between the critical area location or designation r shown on the city's maps and the criteria or standards of this section, the criteria and standards shall prevail. 14 Crilical Areas i iSec. 11.06.060. Relationship to other regulations. A These critical area regulations shall apply as an overlay and in addition to zoning, land use and other regulations established by the city of Kent. In the event o any conflict between these regulations and any other city reeulations, those regulations which provide greater protection to environmentally critical areas shall apply, as determined by the director. B. Areas characterized by specific critical areas may also be subject to other regulations established by this chapter due to the overlapping or multiple functions o some critical areas Wetlands for example may be defined and regulated according to the wetland wildlife habitat and stream management provisions of this chapter. In the event of any conflict between regulations for particular cntical areas in this chapter, the regulations which provide greater protection to environmentally critical areas shall apply, as determined by the director. Sec. 11.06.070. Critical area review process and application requirements. A. Pre-Application Conference. 1 For those protects subject to Environmental Review pursuant to SEPA, 1 the pre-application requirements of KCC 12.01 shall apply 2. For protects which are subject to this chapter but are exempt from the SEPA requirements, the applicant is encouraged to meet with the city prior to submitting an application. 1 3. The purpose of these meetings shall be to discuss the city's cntical area requirements, rocesses and rocedures• to review any conceptual site plans prgpared by the applicant; to identify otential impacts to cntical areas and a ro riate mitigation measures,• and to the extent it can be determined, geneTally inform the applicant of any known federal or state regulations or approvals applicable to the subject critical area. Such conference shall be for the convenience of the applicant shall not constitute le al advice or scientific ol2inion, and any recommendations shall not be binding on the applicant or the city. It shall be the applicant's sole res onsibillt to identify and secure all necessary permits from any agencies with jurisdiction notwithstanding that the city of Kent may also have the authority to issue a permit. I15 Critical Areas i B. Application Requirements. 1. Timing o Submittals. Concurrent with submittal of a SEPA checklist o concurrent with submittal of an a lication for Rroiects exempt from SEPA a critical area report must be submitted to the city for review. The purpose of the reDort is to determine the extent characteristics and functions of any critical areas located on o j potentially affected by activities on a site where regglated activities are proposed. The rel2ort will also be used by the department to determine the appLopriate critical are rating or classification where applicable, and to establish gpl2ropriate buffer requirements. 2. Report Contents. Reports and studies required to be submitted by this chapter shall contain at a minimum the information indicated in the attachments to this chapter applicable to each critical area. The department may tailor the informatio required to reflect the complexity of the proposal and the sensitivity of cntical area that may potentially be present. C Critical Area Consultants - Oualifications & City Review All reports an studies required of the applicant by this section shall be prepared by a qualifie consultant as defined in these regulations. The department may, at its discretion retain a qualified consultant to review and confirm the applicant's reports, studies and plans Such review shall be paid for by the applicant. D. Review Process. This section is not intended to create a separate cntical are review permit process for development proposals. To the extent possible, the city shall consolidate and integrate the review and Processing of critical area-related aspects o proposals with other land use and environmental considerations reviews an approvals. Any permits required by sgRarate codes or regulations, such as Shoreline Substantial Development Permits, shall continue to be required. Sec. 11.06.080. Procedural provisions. A. Interpretation and Conflicts. The director of the department or his/her desi e shall have the authori to administer the vrovisions of this chapter, to make determinations with regard to the applicability of the re lations to interl3ret the intent , of unclear provisions, to re uire additional information to determine the level of detai 16 Critical Areas i and appropriate methodologies for critical area reports and studies, to prepare application and informational materials as required to promulgate procedures and rules ifor unique circumstances not anticipated by the standards and procedures contained within this section. B. Penalties and Enforcement Compliance with these regulations and penalties for their violation shall be enforced pursuant to the procedures set forth in KCC 1.04. C. Appeals from Critical Area Review Decisions. Appeals from critical area review decisions shall be governed by the procedures set forth in KCC 12.01.190 and KCC 2.32. D. Burden of Proo,L The burden of proving that a proposed activity meets the standards established by this chapter shall be on the applicant. �4 See. 11.06.090. Reasonable use provision. A. The standards and requirements of these regulations are not intended, and shall not be construed or applied in a manner, to deny all reasonable use of private propertv If an applicant demonstrates to the satisfaction of the heanng examiner that strict application of these standards would deny all reasonable use of a property, development may be permitted subject to appropriate conditions B. Apolications for a reasonable use exceRtion shall be processed as a Process III application,pursuant to KCC 12.01. C. An applicant requesting relief from strict application of these standards shall demonstrate that all of the following cnteria are met 1. No reasonable use with less impact on the critical area and its buffer is possible. 2. There is no feasible and reasonable on-site altematrve to the activities proposed, considering possible changes in site layout, reductions in density and similar factors, that would allow a reasonable economic use with fewer adverse impacts t3. The proposed activities, as conditioned, will result in the minimum possible impacts to affected critical areas, considering their functions and values and/or the risks associated with proposed development. 4. All reasonable mitigation measures have been implemented or assured. 17 Critical Areas i 5. The inability to derive reasonable economic use is not the result of the mlicant's actions or that of a previous property owner, such as by segregating or dividing the property and creating an undevelopable condition. 6. Any alteration of a critical area approved under this section shall be subiect to appropriate conditions and will require mitigation under an approved mitigation plan. D. Approval of a reasonable use exception shall not eliminate the need for any other permit or approval otherwise required for a proposal by applicable city regulations. See. 11.06.100. Variances. A. Applications for variances from the stnct application of the terms of this chapter to a specific property may be submitted to the city. All variances except administrative variances per subsection B shall be considered by the hearing examiner as a Process III application, pursuant to KCC 12 01 040 Approval of variances from the strict application of the critical area requirements shall be consistent with the following criteria I. There are unique physical conditions Reculiar and inherent to the affected property which makes it difficult or infeasible to strictly comply with the provisions of this section, 2. The variance is the minimum necessary to accommodate the building footprint and access. 3. The p_Mosed variance would preserve the functions and values of the critical area, and/or the proposal does not create or increase a risk to the public health, safety and general welfare,or to public or private property. 4. The proposed variance would not adverselyaffect ffect properties surrounding the subject site. 5. Adverse impacts to critical areas resulting from the proposal are minimized. 6. The sQecial circumstances or conditions affecting the property are not a result of the actions of the applicant or previous owner, 18 Critical Areas t7. The variance shall not constitute a grant of special privilege. B. Other minor buffer modifications may be vemfitted by the director, as outlined in the provisions of this chapter. Article H. Definitions See. 11.06.105. Definitions. The following words, terns, and phrases, when used in this chapter, shall have the meaning ascribed to them in this section exce t where the context clearly indicates a different meaning. Sec. 11.06.110. Applicability. j The definitions contained in this chapter are those that are generally used throuizhout this title except for those definitions specified in KCC 14 09 and 15 02 which are specific to those respective sections and chapters. II Sec. 11.06.115. Adiacent Wetland. Ad acent Wetland means wetlands bordennQ contiguous or neighbonng a river, stream or lake. Sec. 11.06.120. Applicant. Applicant means the person, party, firm corporation, or other entity that ro oses o has performed any activity that affects a critical area. Sec. 11.06.125. Aquifer. A ui er is generally, any water beanniz soil unit or geologic formation. Specifically, body of soil unit or geologic formation that contains sufficient saturated permeable material to conduct Lyroundwater and yield economically significant quantities o groundwater to wells or spnngs. Sec. 11.06.130. Aquifer susceptibility. 19 Critical Areas I, Aquifer susceptzbzkty is a contributory factor of potential contamination of an aquifer that results from soil,rock and Groundwater characteristics within a recharge area. t Sec. 11.06.135. Aquifer vulnerability. Aquifer vulnerability means the combined effect of aquifer susceptibility and contaminant loading potential: it includes h dro eolo is land use and other factors that affect the potential for groundwater contamination. Sec. 11.06.140. Artificially created wetland. Arti zctall.y created wetland means wetlands created from non-wetland sites throu h u oseful legally authorized human action including but not limited to irrigation and drainage ditches, grass-lined swales, canals, retention or detention facilities, wastewater treatment facilities, farm ponds. and landscape amenities. Sec. 11.06.145. Best available science(BAS). Best available scretce (BAS) is the current scientific information used in the process to designate,protect or restore critical areas, that is denved from a valid scientific process as defined by WAC 365-195-900 through 925. Sec. 11.06.150. Best manaEement practices (BMPs). Best management practices BMPs means the conservation practices ors stems o practices and management measures that 1 control soil loss and reduce water qualit de adation caused by nutrients animal waste toxics and sediment and 2 minimize adverse impacts to surface water and oundwater flow, circulation pattems, and to the chemical,physical, and biological characteristics of critical areas. Sec. 11.06.155. Bog. Bog is apeat-accumulating wetland that has no si ificant inflows or outflows and supports acidophilic mosses,particularly sphagnum. Sec. 11.06.160. Buffer or buffer area. 20 Critical Areas i Buffer or buffer area is a vegetated zone contiguous to and surrounding a cntical area that protects the critical area from adverse impacts to its integrity and value. Buffers are necessary for the continued maintenance function and/or structural stability of a critical area and are an inteual part of the resource's ecosystem. Buffers may be enhanced and/or re-vegetated where they are degraded or as part of a mitigation program Buffers shall be measured perpendicular from the edge of the cntical area. Sec. 11.06.165. Building setback line BSBL. iBuilding setback line (BSBL) means an area in which structures, including but not limited to sheds homes (including overhangs) buildings and awnings shall not be permitted within or allowed to protect into a critical area buffer Roads, parking areas uncovered at grade decks patios lawns and landscaping are permitted within the BSBL. Sec. 11.06.170. Clearing. Clearing means the removal of timber, brush grass, ground cover or other vegetative jmatter from a site which exposes the earth's surface of the site, or any actions which disturb the existing ground surface. �I Sec. 11.06.175. Compensatory mitigation. Compensatory mitigation means the replacement of project-related cntical area that has been impacted, including, but not limited to, the following: A. Restoration means actions performed to reestablish stream or wetland functional charactenstics and processes which have been lost by alterations, activities, or catastrophic events within an area which no longer meets the definition of a stream or wetland. B. Creation means actions performed to intentionally establish a wetland at a site where it did not formerly exist. C. Enhancement means actions performed to improve the condition o iexisting wetlands or ripanan areas so that the functions they provide are of a higher a ualit 21 Critical Areas i Sec. 11.06.180. Comprehensive plan. Comprehensive pLans means the adopted City of Kent Comprehensive Plan and amendments thereto. Sec. 11.06.185. Compensatory flood storage. Compensatory flood storage means any new, excavated flood storage volume equivalent to any flood storage egRacity which has been or would be eliminated b filling or grading within the flood fringe. The coMensatory flood storage must be j hydraulically associated with the floodway. Sec. 11.06.190. Contaminant loading potential. Contaminant loadinz potential means the availability within an aquifer recharge area o any potential physical, chemical, biological, or radiological substance that enters the hydrological cvcle and may cause a deletenous effect on ground water resources. I � Sec. 11.06.195. Creation of critical areas. Creation of critical areas means the pumoseful and legally authonzed construction or forming of a wetland or stream from an upland (non-wetland or dry) site through I artificial means. Sec. 11.06.200. Critical area, or environmentally sensitive area. Critical area, or environmentally sensitive area means areas that possess important natural functions and embody a variety of important natural and community values. Such areas include wetlands streams fish and wildlife habitat geologic hazard areas critical aquifer recharge areas and flood hazard areas. If not conducted property. development or alteration of such areas may cause significant impacts to the valuable functions and values of these areas and/or may enerate risks to the public health and general welfare, and/or to public and private property. 22 Critical Areas i Sec. 11.06.205. Critical area report. Critical area Mort means a LeRort prepared by a gualified consultant to determine the presence type class size function and/or value of an area subject to these regulations. Sec. 11.06.210. Critical aquifer recharee areas. Critical aquifer recharge areas means areas designated Wellhead Protection Areas pursuant to Wellhead Protection plans or via the calculated fixed radius method iSuscgptible Groundwater Areas pursuant to WAC 173-100 and Special Protection Areas pursuant to WAC 173-200-090. Sec. 11.06.215. Critical facilities. tCritical facilities means those facilities necessary to Rrotect the public health safety and general welfare which are defined under the occupancy categones of Essential i Facilities and Special Occupancy Structures in the International Building Code o subsequent amendment). i Sec. 11.06.220. Critical habitat or critical wildlife habitat or critical fish j and wildlife conservation area. Critical habitat or critical wildlife habitat or critical fish and wildlife conservation area means habitat areas associated with threatened endangered, sensitive monitor o pnonty species of plants or wildlife and which if altered could reduce the likelihood that the species will maintain and reproduce over the long term. Such areas are identified herein with reference to lists Cate ones and definitions of s ecies promulgated by the Washington Department of Fish and Wildlife on-Game Data System S ecial Animal Species) as identified in WAC 232-12-011 or 232-12-014• i the Priority Habitat and Species PHS ro am of the Department of Fish an Wildlife,• or by rules and regulations adopted currently or hereafter by the U.S. Fish and Wildlife Service or the National Marine Fisheries Service. 23 Critical Areas 1 Sec. 11.06.225. Dedication. Dedication means conveyance of land to the city or other not-for-profit entity by deed, easement or other instrument of conveyance. Sec. 11.06.230. Delineation manual or wetland delineation manua methodology. Delineation manual, or wetland delineation manual/methodolo,Qy means the manual and methodology used to identify wetlands in the field, as described in the Washen on State Wetlands Identi rcation and Delineation Manual adopted by the De artment o Ecolo in 1997 (pursuant to RCW 90.58.380/36.70A.175 and which is based on the U.S. Co Ms of Engineers Wetlands Delineation Manual (1987). Use of this manual is required by RCW 90.58.380/36.70A.175. See. 11.06.235. Department. j Department means the City of Kent Department of Public Works or successor a encv. unless the context indicates a different City department. u See. 11.06.240. Director. Director means the Director of the Citv of Kent Department of Public Works or his/he designee. See. 11.06.245. Earth/earth material. Earth/earth material means the naturally occurring rock soil stone sediment o combination thereof. Sec. 11.06.250. Elevated construction. Elevated construction means a construction techni ue that employs posts or pilings to raise a structure so that waters can flow freely beneath the structure. 24 Critical Areas Sec. 11.06.255. Emergent wetland. Emer ent wetland means a wetland with at least thirty (30) percent of the surface area covered by erect rooted herbaceous vegetation as the uppermost vegetative strata. Sec. 11.06.260. Enhancement. 1 Enhancement means the improvement of an existing viable wetland, stream or habitat area or the buffers established for such areas, through such measures as increasing plant diversity, increasing wildlife habitat, installing environmentally-compatible erosion controls increasing structural diversity or removing plant or animal species that are not indigenous to the area. Enhancement also includes actions performed to improve the quality of an existing degraded wetland, stream or habitat area. See also, "Restoration." jSec. 11.06.265. Erosion. Erosion means a process whereby gTavity, wind, rain, water, freeze-thaw and other natural agents mobilize and transport soil particles. Sec. 11.06.270. Erosion hazard areas. Erosion hazard areas means areas within the city of Kent underlain by oils which are subject to severe erosion when disturbed. Such soils include, but are not limited to those delineated in the "Soil Survey, King County Area, Washington" (USDA, 1973) as having a moderate to severe, severe-or very severe erosion hazard potential These soils consist of the following Alderwood gravelly sandy loam, 15 to 30 percent slopes (AgD), Alderwood and Kitsap soils, very steep (AkF); Arents, Alderwood Material, 6 to 15 percent slopes (AmQ, Beausite gravelly sandy loam, 15 to 30 percent slopes (BeD); Beausite gravelly sandy loam, 40 to 75 percent slopes (BeF); Everett gravelly sandy loam, 15 to 30 percent slopes (EVD); Indianola loamy fine sand, 15 to 30 percent slopes (InD); Kitsap silt loam, 8 to 15 percent slopes (KpC); Kitsap silt loam 15 to 30 percent slopes (KpD); Oval] gravelly loam 15 to 25 percent slopes (OVD)' Oval] 25 Critical Areas gravelly loam 40 to 75 percent slopes (OvF); Pilchuck loamy fine sand (Pc); Ragnar fine sandy loam 15 to 25 percent slopes (RaD): Ragnar-Indianola association, moderately steep (ROE): and Riverwash(Rh). Sec. 11.06.275. Essential habitat. Essential habitat means habitat necessary for the survival of federally listed threatened, endangered and sensitive species and state listed priority species. Sec. 11.06.280. Excavation. Excavation means the removal or displacement of earth material by human or mechanical means. l Sec. 11.06.285. Existing and ongoing agricultural activities. ExistmQ and ongoing agricultural activitees: "Existing and ongoing agricultural activities" includes those activities conducted on lands defined in RCW 84 34 020(2), i and those activities involved in the production of crops and livestock. Such activity must have been in existence as of the effective date of this chapter The definition, jincludes but is not limited to operation and maintenance of farm and stock ponds or drainage ditches irrigation systems changes between agricultural activities or crops, and nonnal operation maintenance or repair of existing serviceable structures facilities or improved areas Activities which bring an area into agricultural use from a previous non-agricultural use are not considered part of an ongoing activity. An operation ceases to be ongoing when the area on which it was conducted is proposed for conversion to a non-agricultural use or has lain idle for a period of longer than five years unless the idle land is registered in a federal or state soils conservation program. Forest practices are not included in this definition. Sec. 11.06.290. Exotic. Exotic means any species of plant or animal that is foreign and not indigenous to the Kent area. t 26 Critical Areas `f 1 Sec. 11.06.295. Fen. Fen means aReat-accumulating wetland that receives some drainage from surrounding mineral soil and usually supports marshlike vegetation. Sec. 11.06.300. HUM material. Filll ill material means a deposit of earth material placed by human or mechanical means. Sec. 11.06.305. Filling. Filling means the act of transporting or placing (by any manner or mechanism) fill material from to or on any surface water body or wetland, soil surface, sediment surface, or other fill matenal. Sec. 11.06.310. Forested wetland. Forested wetland means a wetland defined by the Cowardm system with at least thirty (30) percent of the surface area covered by woody vegetation greater than twenty (20) feet in height that is at least partially rooted in the wetland Sec. 11.06.315. Functions beneficial functions or functions and values. Functions, beneficial functions, or functions and values means the beneficial roles served by wetlands including, but not limited to, water quality protection and enhancement, fish and wildlife habitat, food chain support, flood storage, conveyance and attenuation, groundwater recharge and discharge, erosion control, wave attenuation, historical and archaeological and aesthetic value protection, and recreation. These beneficial roles are not listed in order of pnority. Sec. 11.06.320. Geologic hazard areas. Geolo is hazard areas means lands or areas characterized by geologic, h drolo is and I topographic conditions that render them susceptible to varying degrees of potential risk of landslides erosion or seismic or volcanic activit • and areas characterized b 1 27 Critical Areas 1 geologic and hydrologic conditions that make them vulnerable to contamination o groundwater supplies through infiltration of contaminants to aquifers. See. 11.06.325. Grading. Grading means any excavating filling clearing leveling, or contouring of the ground surface by human or mechanical means. See. 11.06.330. Growing season. Growing season means the average frost-free period of the year in Kent as recorded in National Oceanic and Atmosphenc Administration Frost/Freeze Data from Climatology s of the U.S. No 20 supplement No. 1 or in equivalent U.S. government agency f records Growing season, for the purposes of these regulations may be considered to be the penod from March I through October 31 of any calendar year Sec. 11.06.335. Habitat management. Habitat management means management of land and its associated resources/features r to maintain species in suitable habitats within their natural geographic distribution so II that isolated subpopulations are not created This does not imply maintaining all j habitat or individuals of all species in all cases. Sec. 11.06.340. Hvdric soil. Hvdric soil means soil that is saturated flooded or ponded long enough durine the growing season to develop anaerobic conditions in the upper part. The presence o hydric soil shall be determined following the methods described in the federal manual. Sec. 11.06.345. Hydrologically isolated. Hydrolozically isolated means wetlands which: 1) have no surface water connection to a lake river, or stream during any part of the year; 2) are outside of and not contiguous to any 100-yr floodplain of a lake river, or stream, and 3) have no contiguous hydric soil between the wetland and any lake river, or stream. May also be a pond excavated from uplands with no surface water connection to a stream, lake, or other wetland. 28 Critical Areas Sec. 11.06.350. Hydrovhytic vegetation. Hydrophvtic vegetation means macrovhvtic plant life growing in water or on a substrate that is at least veriodically deficient in oxygen as a result of excessive water content. >� The presence of h ddrophytic vegetation shall be determined following the methods descnbed in the federal manual. Sec. 11.06.355. In-kind compensation or mitigation. In-kind compensation or miti ation means replacement of wetlands or other critical areas with substitute wetlands or resources whose charactenstics closely approximate those destroyed or degraded by a regulated activity. Sec. 11.06.360. Intentionaliv created streams. iIntentionally created streams means man-made streams created through purposeful tI� human action, such as imgation and drainage ditches, grass-lined swales, and canals. This definition does not include stream modifications performed pursuant to City f` authorization such as changes or redirection of stream channels and does not include streams created as mitigation. Purposeful creation must be demonstrated through documentation, photographs, statements and/or other evidence. Intentionally created streams are excluded from regulation under this chapter, except manmade streams that provide "critical habitat," as designated by federal or state agencies, for anadromous fish. Sec. 11.06.365. Lahar. Lahar means mudflows or debris flows associated with volcanic activity, and which pose a threat to life,property and structures. Sec. 11.06.370. Landslide. Landslide means episodic downslope movement of a mass of soil or rock. 29 Critical Areas l See. 11.06.375. Landslide hazard areas. Landslide hazard areas include: 1. Any existing active or dormant landslide or debris flow that has shown movement during the Holocene epoch from ten thousand years a o to the resent o that are underlain or covered by mass wastage debris of that epoch. 2. Areas delineated in the "Soil Survey, King Counly Area Washington" (USDA, 1973 as having a "severe" limitation for building site development These soils consist of the following: Alderwood gravelly sandy loam 15 to 30 percent slopes A D • Alderwood and Kitsap soils vm steep AkF • Beausite gravelly sandy loam 15 to 30 percent slo es eD • Beausite gravelly sandy loam 40 to 75 percent slopes BeF , Everett gravelly sandy loam 15 to 30 percent slopes EvD . Indianola loam fine sand 15 to 30 percent slopes InD , Kilsap silt loam 8 to 15 Percent slo es K C Kitsgp silt loam 15 to 30 ercent slopes K D , Oval] gravellyloam 15 to 25 ercent +, slopes OvD • Oval] gravelly loam 40 to 75 percent slopes OvF ; Ragnar fine sand loam 15 to 25 percent slopes RaD - and Rapnar-Indianola association moderatel steep (RdE). 3. Areas designated as guaternary slums earth flows mudflows o landslides on maps Rublished by the US Geological Survey, Washington De artment o Natural Resources, or geologic consultant reports completed for the City of Kent. 4. Areas with all three of the following characteristics: slopes steeper than 15 percent,• slopes intersecting anular material over silts or clays, and springs o ground water seepage or evidence of seasonal springs or ground water seepage 5 Slopes that are parallel or sub arallel to planes of weakness such as bedding planes,joint systems, and fault planes)in subsurface materials. 6. Slopes subject to failure during seismic shaking. 7. Areas potentially unstable as a result of rapid stream incision or stream bank erosion. 8. Areas located in a canyon or on an active alluvial fanpresently o potentially subject to inundation by debris flows or catastrophic flooding 30 Critical Areas 9 Any area with a slope of 40 percent or steeper and with a vertical relief o 10 or more feet A slope is delineated by establishing its toe and top and measured by averaging the inclination over 10 feet of vertical relief. Sec. 11.06.380. Mitigation. Mitigation includes: 1 Avoiding the impact altogether by not taking a certain action or parts o actions. 2 Minimizing impacts by limiting the degree or magnitude of the action and its implementation 3 Rectifying the impact by repairing rehabilitating or restoring the affected environment. 4. Reducing or eliminating the impact over time by preservation and maintenance operations during the life of the action 5. Compensating for the impact by replacing or providing substitute resources or environments. 6. The enhancement, restoration or creation of critical areas as compensation for impacts resulting from development activities. II While monitoring without additional actions is not considered mitigation for the purposes of these regulations, it may be part of a comprehensive mitigation program_ Also see"Compensatory Mitigation" Sec. 11.06.385. Native Vezetation. Native vegetation means plant species indigenous to the Puget Sound region that could occur or could have occurred naturally on the site which are or were indigenous to the area in question. 31 Critical Areas Sec. 11.06.390. Off-site mititation. Off-site mitigation means performance of mitigation actions, pursuant to standards established in this chapter, on a site or in an area other than that proposed for conduct of a regulated activity. See. 11.06.395. Onsite mitigation/compensation. ' Onsite mitigation/compensation means replacing wetlands or other resources at or adjacent to the site on which a wetland or other resource has been impacted by a regulated activity Sec. 11.06.400. Out-of-kind mitigation. Out-of-kind mitigation means replacement of wetlands or habitat with substitute wetlands or habitat whose characteristics do not closely approximate those adversely affected destroyed or degraded by a regulated activity. Sec. 11.06.405. Permanent erosion control. Permanent erosion control means continuous on-site and off-site control measures that i are needed to control conveyance or deposition of earth turbidity or pollutants after development construction or restoration. Sec 11.06.410. Plant association of infrequent occurrence. Plant association of infrequent occurrence means one or more plant species which because of the rarity of the habitat and/or the species involved, or for other botanical o enviromnental reasons do not often occur in the City of Kent Examples include but are not limited to: 1 Wetlands with a coniferous forested class or subclass consisting of trees such as western red cedar, Sitka spruce or lodge pole pine growing on organic soils; 2 Bogs with a predominance of sphagnum moss, or those containing sRhagnum moss and typically including one or more species such as Labrador tea, sundew, bog laurel or cranberry: 32 Critical Areas j r Sec. 11.06.415. Pond (Deepwater Aquatic Habitat). Pond(Deepwater Aquatic Habitat) means areas of open surface water that are less than 20 acres in size that are either permanently inundated at mean annual water depths greater than 6.6 feet or permanently inundated at less than 6.6 feet in depth that do not support rooted-emergent or woody plant species. [Source: Washington State Wetland rDelineation Manual DOE, 19971 Also see definition of"wetlands" for exclusions o certain types of ponds from regulation. Sec, 11.06.420. Practicable alternative. Practicable alternative means an alternative that is available and capable of being camed out after taking into consideration cost, existing technology, and logistics in light of overall project pumoses, and having less impacts to cntical areas. It may involve using an altemative site in the general region that is available to the applicant and may feasibly be used to accomplish the project ' See. 11.06.425. Prioritv habitat/species, or prioritv wildlife habitat/species. Przorzty habitat/species, or priorm, wildlife habitat/spectes means habitats and somes of local importance and concern in urban areas, as identified by the Washington I Department of Fish and Wildlife PnorityHabitat & Species (PHS) program. "Priority s ecies" are wildlife s ecies of concern due to their population status and their sensitivity to habitat alteration "Pnonty habitats" are areas with one or more of the following attributes* comparatively high wildlife density, huh wildlife species richness, significant wildlife breeding habitat; significant wildlife seasonal ranges significant movement corridors for wildlife: limited availability, and/or high vulnerability. General types of pronto habitat identified in the PHS program—some o which do not occur in the City of Kent -- include Aspen stands, cliffs, meadows oak woodlands, old-,growth/mature forests, npanan areas, shrub-steppe, snag-rich areas and wetlands. 33 Critical Areas I i Sec. 11.06.430. Qualified consultant. Quali Lied consultant means a person who has attained a degree from an accredited college or university in the subject matter necessary to evaluate the critical area in question (e.g. biology, ecology or horticulture/arboriculture for wetlands, streams and wildlife habitat and significant vegetation. geology and/or civil engineer licensed in the State of Washington for geologic hazards and aquifer recharge areas) and/or who is professionally trained and/or certified or licensed by the State of Washington to practice in the scientific disciplines necessary to identify, evaluate manage and mitigate impacts to the critical area in question. For purposes of wetland studies and j planning a qualified consultant is one who has obtained certification by the Society o Wetland Scientists as a Professional Wetland Scientist or Wetland Professional in Training For the purpose of Geologic Hazards a qualified consultant shall be professional geologistprofessional enoneering geologist or licensed engineer with the state of Washington Sec. 11.06.435. Regulated activity. Regulated activity means activities that have a potential to significantly impact a critical area that is subject to the provisions of this cha ter. Regulated activities generall include but are not limited to any filling, dredging, dumping or stockpiling. draining, excavating, flooding, cleann-g or uading, constructing or reconstructing, drivin pilings obstructing shading, clearing or harvesting. Sec. 11.06.440. Repair or maintenance. Rg air or maintenance means an activity that restores the character, scope, size and design of a structure or land use to its previously authorized and undamaged condition. Activities that change the character, size or sco a of a proiect beyond the on inal ' design and drain dredge, fill flood or otherwise alter additional critical areas are not included in this definition. 34 Critical Areas l 1 Sec. 11.06.445. Restoration. Restoration means actions taken to reestablish wetland stream or habitat functional values and characteristics that have been destroyed or degraded by past alterations (e.g. filling-or grading). See also "Enhancement". Sec. 11.06.450. Secondary habitat. Secondary habitat means areas that offer less diversity of animal and plant species than pnority habitat but that are important for performing the essential functions of habitat Sec. 11.06.455. Seismic hazard areas. I Seismic hazard areas means areas subiect to a risk of earthquake damage due to soil liquefaction These areas generally contain saturated alluvial sediments and poorly compacted fill that either is or can become saturated These areas are mapped as Category I and Category II liquefaction susceptibility areas on maps contained within: Palmer Walsh Logan Gerstel Liquefaction Susceptibility for the Auburn and Poverty ' Bay 7 5-Minute Quadrangles Washington Washington State Department of Natural Resources September 1995; Palmer Shasse and Norman Liquefaction Susceptibility for the Des Moines and Renton 7.5 minute Quadrangles, Washington, Washington I State Department of Natural Resources, December, 1994, and Slopes that could fail during an earthquake. In the City of Kent these areas generally consist of Vashon ice- contact deposits in areas of 15 percent slope or steeper. Vashon Ice-Contact deposits vi are mapped in: Luzier, Water Supply Bulletin No. 28 Geology and Ground- Water Resources of Southwestem King County, Washington, State of Washington Department of Water Resources, 1969. Sec. 11.06.460. Scrub-shrub wetland. Scrub-shrub wetland means a wetland with at least thirty 30percent of its surface area covered by woody vegetation less than twenty 20 feet in height as the u ennost strata. 35 Critical Areas Sec. 11.06.465. Sensitive area tract. Sensitive area tract means a separate tract that is created to protect the sensitive area and its buffer. See. 11.06.470. Site. Site means the location containing a regulated critical area and on which a regulated activity is proposed. The location may be a parcel or portion thereof, or any combination of contiguous parcels where a proposed activity may impact a critical area. Sec. 11.06.475. Slope. Slope means an inclined earth surface, the inclination of which is expressed as the ratio of horizontal distance to vertical distance. Sec. 11.06.480. Slope, top. Slope, top means the uppermost limit of an area where the ground surface drops ten feet r li or more vertically within a honzontal distance of 25 feet on slopes greater than 40 percent. See. 11.06.485. Streams. ! Streams means those areas where surface waters produce a defined channel or bed A defined channel or bed is an area which demonstrates clear evidence of the passage o water and includes, but is not limited to, bedrock channels, gravel beds, sand and silt beds, and defined-channel swales. The channel or bed need not contain water year- round. This definition is not intended to include artificiallv created irrigation ditches, , canals, storm or surface water devices or other entirely artificial watercourses unless they are used by sahnonrds or created for the purposes of stream mitigation. Sec. 11.06.490. Stream reconnaissance report. Stream reconnaissance report means a type of critical area report prepared by an applicant's qualified consultant to describe a stream and to characterize its conditions, wildlife,habitat values and water quality. 36 Critical Areas Sec. 11.06.495. Structural diversity,vegetative. tStructural diversity, vegetation means the relative degree of diversity or complexity o vegetation in a wildlife habitat area as indicated by the stratification or layering o different plant communities (e.g. ground cover, shrub laver and tree canopy): the variety of plant species; and the spacing or pattern of vegetation. r Sec. 11.06.500. Substantial improvement or reconstruction. Substantial improvement or reconstruction means any repair, reconstruction or improvement the cost of which is more than fifty percent of the market value of the structure either(a)before the improvement is started or (b) before the damage occurred 1 if the structure damaged is being replaced An improvement occurs when the first alteration of any wall, ceiling, floor or other structural fart of the building commences, whether or not the alteration affects the external dimensions of the structure. Substantial improvement does not include (a) an improvement to comply with existing state or local health, sanitary or safety (Uniform Building Code/Uniform Fire Code) ' �II specifications which are necessary to assure safe conditions; or (b) alteration of a structure listed on the national Register of Histonc Places or a state inventory o histonc places- Sec. 11.06.505. Substrate. Substrate means the soil, sediment, decomposing organic mattcr or combination o those located on the bottom surface of the wetland, lake, stream or river. Sec. 11.06.510. Temporary erosion control. Temporary erosion control means on-site and off-site control measures that are needed to control conveyance or deposition of earth, turbidity or pollutants dunng ' development, construction, or restoration. j37 Critical Areas Sec. 11.06.515. Unavoidable and necessary impacts. Unavoidable and necessary impacts means impacts to wetlands that remain after an applicant has demonstrated that no practicable altemative exists for the proposed rp_oiect• Sec. 11.06.520. Utilitv. Utility means natural gas electric, telephone and telecommunications, cable communications water, sewer, or storm drainage and their respective facilities, lines, i pipes, mains, equipment and appurtenances Sec. 11.06.525. Volcanic hazard area. Volcanic hazard area means areas subiect to a risk of inundation by lahars or other related flooding events Tesultmg from volcanic activity originating from Mount Rainer These areas are mapped as Class M Lahars on maps contained within: Hoblitt, R P., Walder, J S Driedger, C L Scott K.M. Pnngle P.T. and Vallance, J.W., Volcano Hazards from Mount Rainer. Washmpton U.S. Geologic Survey Open File Report 98- 428, 1998. I Sec. 11.06.530. Wetland. "Wetland" or "wetlands" means areas that are inundated or saturated by surface water 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 non-wetland sites including but not limited to, irrigation and drainage ditches, , grass-lined swales canals detention facilities, wastewater treatment facilities, farm ponds and landscape amenities. However, wetlands include those artificial wetlands intentionally created to mitigate conversion of wetlands. Wetlands determined prior converted cropland (PCC) by Federal agencies may still be considered wetlands by the City of Kent. If these wetlands meet requirements of the Washington State Department 38 Critical Areas ' of Ecology Manual the wetlands shall be regulated, and the critical area shall be protected like any other wetland pursuant to this code. Sec. 11.06.535. Wetland class. ' Wetland class means the U.S. Fish and Wildlife Service wetland classification scheme uses an hierarchy of systems, subsystems, classes and subclasses to describe wetland t3Tes refer to USFWS December 1979 Classification of Wetlands and Dee water Habitats of the United States for a complete explanation of the wetland classification scheme). Eleven class names are used to describe wetland and deepwater habitat types. These include: forested wetland, scrub-shrub wetland, emergent wetland, moss-lichen wetland unconsolidated shore aquatic bed unconsolidated bottom rock bottom rocky shore, streambed, and reef. Sec. 11.06.540. Wetland edge. ffetland edge means the boundary of a wetland as delineated based on the definitions in this chapter and the procedures specified in this chapter I 1 Sec. 11.06.545. Wildlife habitat. Wildlife habitat means areas that provide food, protective cover, nesting, loafing, breeding or movement for fish and wildlife and with which individual species have a primary association. Wildlife habitat includes naturally occurnng ponds under 20 acres in area. Article III. General Mitigation and Monitoring ' Sec. 11.06.550. Mitigation standards. A. Mitigation sequencing shall be avoidance minimization mitigation. An proposal to impact a critical area shall demonstrate that it is unavoidable or will provide a greater function and value to the critical area. 39 Critical Areas B. Adverse impacts to critical area functions and values shall be mitigated. ' Mitigation actions shall be implemented in the preferred sequence identified in this chapter. Proposals which include less preferred and/or compensatory mitigation shall demonstrate that: ! 1. All feasible and reasonable measures have been taken to reduce impacts and losses to the critical area, or to avoid impacts where avoidance is required by these ! regulations. 2. The restored, created or enhanced critical area or buffer will at a minimum be as viable and enduring as the critical area or buffer area it replaces. 3. In the case of wetlands and streams, no overall net loss will occur in wetland or stream functions and values The mitigation shall be functionally equivalent to the altered wetland or stream in terms of hydrological. biological, physical and chemical functions Sec. 11.06.560. Location and timing of mitigation. A Mrtigat,on shall be provided on-site where possible, unless the director agrees that a higher function and value can be accomplished off-site within the same drainage basin Mitigation may be allowed off-site only when it is determined, through the SEPA review process that on-site mitieation is not scientifically feasible or practical due to physical features of the property The burden of proof shall be on the applicant to demonstrate that mitigation cannot be provided on-site. B. When mitigation cannot be provided on-site mitigation shall be provided in the same drainage basin as the permitted activity on property owned, secured or controlled b the he applicant where such mitigation is practical and beneficial to the critical area and associated resources. Mitigation sites shall be located within the city, unless , otherwise approved by the director. C. In-kind mitigation shall be provided except when the applicant demonstrates, and the director concurs that greater function and value can be achieved through out- of-kind mitigation. ! 40 Critical Areas D. When wetland stream or habitat mitigation is permitted by these regulations on- site or off-site the mitigation project shall occur near an adequate water supply (river, stream gmoundwater) with a hydrologic connection to the critical area to ensure a successful mitigation or restoration A natural hydrologic connection is preferential as icompared to one which relies upon manmade features requiring routine maintenance. E. Any agreed upon mitigation plan shall be completed prior to issuance of a jbuilding or construction permit unless a phased or concurrent schedule that assures completion pnor to occupancy has been approved by the department. Sec. 11.06.570. Mitigation Monitoring. A For any actions permitted by this chapter which require a mitigation plan, a monitoring program shall be prepared and implemented by the applicant to evaluate the success of the mitigation project and to determine necessary corrective actions. This program shall determine if the onginal goals and objectives of the mitigation plan are I being met The monitoring program shall be submitted to reviewed and approved by the department as a part of the mitigation plan B. The monitoring_prouam shall include a contingency plan in the event that implementation of the mitigation plan fails to satisfy the approved goals and objectives. A performance and maintenance bond or other acceptable security device is required to ensure the applicant's compliance with the terms of the approved mitigation plan. The amount of the performance and maintenance bond shall equal 125 percent of the cost o the mitigation project for the length of the monitoring period. C. The following elements shall be incorporated into monitonng_programs ' prepared to comply with this chapter and shall be a part of the approved mitigation plan: 1. Appropriate, accepted, and unbiased qualitative or precise and accurate quantitative sampling methods to evaluate the success or failure of the project. 2. Quantitative sampling methods that include permanent photopoints installed at the completion of construction and maintained throughout the monitoring period, permanent transects, sampling_points (e.g., quadrants or water quality or quantity monitoring stations), and wildlife monitoring stations. 41 Critical Areas 3 Clearly stipulated qualitative and quantitative sampling methods. , 4. Appropriate ualitative and/or guantitative performance standards that will be used to measure the success or failure of the mitigation. These will include at f minimum standards for plant survival and diversity, including structural diversity, the ■ extent of wetland hydrolom h dric soils and habitat es and re uirements as appropriate. 5. Monitoring programs shall be fora period of at least five years and t include at a minimum: preparation of an as-builtplan-, annual monitoring and Dreparation of annual momtoring reports following implementation; and a maintenance i Ian. More stringent monitoring requirements may be required on a case-by-case basis for more complex miff ation plans. , 6. Monitoring reports shall be submitted to the department at intervals identified in the approved mitigation plan. A schedule for the submittal of momtonn rgports and maintenance neriods shall be descnbed in the approved mitigation plan. The reports shall be prepared by a qualified consultant and must contain all cualitative and quantitative monitoring data hoto a hs and an evaluation of each of the applicable performance standards If perfonnance standards are not being met appropriate corrective or contingency measures must be identified and iml2lemented t ensure that performance standards will be met. 7. The director may extend the monitonng Period be and the minimum timeframe if Rerformance standards are not being met at the end of the initial five-year period; and re uire additional financial securities or bonding to ensure that an additional monitoriniz and contingencies are completed to ensure the success of the mitigation. Article IV. Wetlands Sec. 11.06.580. Wetlands Rating Svstem. The following rating system i hereby adopted for the pulpose of determining the size of wetland buffers and for the review of permits under this chapter. For the purposes of this section the U.S. Fish an Wildlife Service's Classification of Wetlands and Dee water Habitats of the Unite 42 Critical Areas ' States FWS/OBS-79-31 (Cowardin et al. 1979) contains the descriptions of wetland 1 classes and subclasses. A Category 1 wetlands. Wetlands which meet any of the following criteria: 1. The documented presence of species proposed or listed by the federal o state goverment as endangered, threatened or other s ecies identified by the State Department of Natural Resources through its natural heritage data or by the State Department of Wildlife as a priority species, or the presence of critical or outstandin tactual habitat for those species. 2. Wetlands equal to or greater than two 2 acres in size having fort 40 percent to sixty 60 ercent permanent open water in dis ersed patches with two 2 0 more classes of vegetation. 3. Wetlands equal to or geater than ten 10 acres in size and having three (33) or more wetland classes, one of which is open water 4 The presence of bogsor fens B Cate on, 2 wetlands. Wetlands which meet any of the following cntena and I which are not category 1 wetlands- 1. Wetlands greater than one (1) acre in size. 2. Wetlands equal to or less than one 1 acre to size and having three 3 0 more wetland classes 3. Wetlands equal to or less than one 1 acre but greater than 1000 s . ft. Ithat have a forested wetland class. 4. Wetlands that contain the documented presence of heron rookeries o raptor nesting sites C. Cateizory 3 wetlands. Wetlands which meet the following cntena and which are not category 1 or 2 wetlands I. Wetlands that are equal to or less than one 1 acre in size and that have two (2) or fewer wetland classes 43 Critical Areas 1 r Sec. 11.06.590. Determination of wetland boundary by delineation. A. Delineations shall be required when a development is proposed on property containing wetlands identified on the city of Kent wetland inventory or when any other credible evidence may suggest that wetlands could be present. Delineations shall also t be performed when the evidence suggests that buffers from wetlands on adjacent r properties may impact the proposed development. B. The exact location of the wetland boundary shall be determined through the performance of a field investigation applying the wetland definition of this chapter. An applicant may request the department to perform the delineation, provided the applicant pays the department for all necessary expenses associated with performing the delineation. The department shall consult with qualified professional scientists and ' technical experts or other experts as needed to perform the delineation Where the I applicant has provided a delineation of the wetland boundary, the department shall venfv the accuracy of, and may render adjustments to, the boundary delineation The decision of the department may only be appealed pursuant to procedures outlined in this chapter. C. The delineation shall contain the following information• 1. A written assessment and accompanying maps of wetlands and buffers ■ within 100-feet of the pro3ect area, including the following information at a minimum: all known wetland inventory maps (including a copy of the city of Kent Wetland Inventory Map); wetland delineations and required buffers; existing wetland acreage, r wetland category: vegetative, faunal and hydrologic characteristics, soil and substrate conditions, and topographic data. ' 2. A discussion of measures, including avoidance, minimization, and mitigation proposed to preserve existing wetlands and restore any wetlands that were ` degraded ded prior to the current proposed land use activity. 3. A habitat and native vegetation conservation strategy that addresses methods to protect and enhance on-site habitat and wetland functions. ' D. A wetland delineation which has been confirmed by the department pursuant to SEPA review for a proposed project shall be binding upon the city and the applicant. I 44 Critical Areas 1 a wetland delineation report has not gone through SEPA review as a part of the application process and the city has approved a wetland delineation report for another gumose the wetland delineation report shall be valid for a period of two (2) years from the date of the approved report. Sec 11 06.600. Wetland buffers and building setback lines. A Standard buffer widths. Wetland buffer zones shall be required for all regulated activities adiacent to wetlands Any wetland created restored or enhanced as compensation for agpproved wetland alterations shall also include the standard buffer required for the category of the created restored or enhanced wetland. All buffers shall be measured from the wetland boundary_as surveyed in the field. The width of the wetland buffer zone shall be determined according to the rating assigned to the wetland Wetland Categoa Minimum Buffer 1 125 feet 2 75 feet 3 50 feet B. Enhanced buffer widths. Enhanced wetland buffers may be used to satisfy landscaping_requirements where the city determines that the buffer, as enhanced by the Applicant, will provide greater protection of wetland functions, and will serve the same function as landscaping that would otherwise be required pursuant to Ch 15.07 KCC. Approved landscaping vegetation must meet wetland buffer vegetation requirements. C. Buildinjesetback lines A minimum building setback line of fifteen (15) feet shall be required from the edge of a wetland buffer unless otherwise approved by the director. Alterations of the building setback lines shall not be permitted to create Iadditional lots for subdivisions, but only to make reasonable use of existing properties. Approval of alterations of the BSBL shall be provided in wnting by the director, or his/her designee, and may require mitigation such as buffer enhancement ' 45 Critical Areas D. Increased wetland buffer width. The director may require increased buffer ' widths on a case-by-case basis when a larger buffer is necessary to protect wetland functions and values based on local conditions in accordance with recommendations o i as qualified professional biolomst and best available science (BAS). This determination shall be supported by appropriate documentation showing that it is reasonably related to protection of the functions and values of the wetland. The documentation must demonstrate that: 1. A larger buffer is necessary to protect the function and values of the , wetland: 2. A larger buffer is necessM to maintain a viable population of existing ' species; 3. The wetland is used by species listed by the federal government or the , state as endangered, threatened, sensitive or documented priority species or habitats, or essential or outstanding potential habitats for those species or has unusual nesting or resting sites such as heron rookeries or raptor nesting trees; 4. The adjacent land is susceptible to severe erosion and erosion control measures will not effectively prevent adverse wetland impacts; or 5 The adjacent land has minimal vegetation cover or slopes greater than fifteen(15)percent. E. Standard buffer width averaging. Standard wetland buffers may be modified by averaging buffer widths. Wetland buffer width averaging shall be allowed only where the applicant demonstrates all of the following: 1. Averaging will provide the necessary biological, chemical and physical , Support necessary to Protect the wetland in question, taking into account the type, intensity, scale, landscaping and the location of the proposed land use ' 2. The wetland contains variations in sensitivity due to existing physical characteristics which iustify the averaging. 3. The proposal minimizes disturbances caused by land uses in areas adjacent to any buffers which are reduced. , 4. Width averaging will not adversely impact the wetland functional values. 46 Critical Areas ' S The total area contained within the wetland buffer after averaging is no less than that contained within the standard buffer prior to averaging. In no instance shall the buffers for Category 2 wetlands be reduced to less than 50 feet in width and Category 1 wetlands less than 85 feet in width Buffer averaging shall not be permitted for Category 3 wetlands. 6 In instances where decreased buffers occur, the director or designee shall have the ability to require an applicant to submit and receive approval of a wetland buffer enhancement plan to ensure wetland buffer functions are maintained. 7 The functions and values of the averaged buffer are consistent with BAS; the buffer is planted or will be planted with native vegetation; and no portion of the buffer averaged areas contain slopes that are greater than 10%. I F. Buffer condition Except as otherwise specified wetland buffers shall be j retained in their natural condition. Where buffer disturbance has occurred during construction re-vegetation with native vegetation shall be required pursuant to an approved mitigation plan consistent with this code G Permitted uses in a wetland buffer Activities shall not be allowed m a buffer except for the following and when properly mitigated: 1 When the improvements are part of an approved enhancement, restoration or mitigation plan. i 2. For construction of new public roads and utilities, and accessory structures when no practicable altemative location exists. 3. Construction of foot trails, according to the following cnteria: a. Constructed of permeable materials. b. Designed to minimize impact on the stream system. c. Of a maximum width of eight (8) feet d. Located within the outer half of the buffer, i e., the portion of the buffer that is farther away from the stream, except to cross a stream when approved by the City and all other applicable agencies 4. Construction of footbridges and boardwalks. 5. Construction of educational facilities, such as viewing platforms and informational signs. 47 Critical Areas 6. The construction of outdoor recreation such as fishing piers, boat , launches,benches. 7. Maintenance of pre-existing facilities or temporary uses having minimal adverse impacts on buffers and no adverse impacts on wetlands. These may include but are not Iimited to: maintenance of existing drainage facilities, low intensity passive , recreational activities such as pervious trails, nonpermanent wildlife watching blinds, short term scientific or educational activities, and sports fishing. 8. Stomiwater discharge outlets with energy dissipation structures as approved by the city of Kent. These shall be located near the outside portion of the buffer. Mitigation shall be required for impacts to the buffer. 9. On-going maintenance activities by the dity of Kent vegetation management division of public works and parks department shall be permitted to continue general maintenance of wetlands and associated buffers. Maintenance shall include but not be limited to trash removal, removal of non-native vegetation, maintenance of existing vegetation as necessary, restoration, enhancement and sign and t fence maintenance. ' i See. 11.06.610. Avoiding wetland impacts. Regulated activities shall not be authorized in Category 1 wetlands except where it can be demonstrated that the impact is both unavoidable and necessary as described below, or that all reasonable economic uses are denied. A Where water-dependent activities are proposed, unavoidable and necessary impacts may be permitted where no reasonable altematives exist which would not involve wetland impacts: or which would not have less of an adverse impact on a wetland; and that would not have other significant adverse environmental consequences. B. Where non-water-dependent activities are proposed, the applicant must demonstrate that: 1. The basic proiect purpose cannot reasonably be accomplished using an alternative site in the general region that is available to the applicant. 48 Critical Areas ' 2 A reduction in the size scope configuration or density of the project as proposed,• and all altemative designs of the project as proposed that would avoid, or result in less adverse impacts on a wetland or its buffer will not accomplish the basic purpose of the project. 3 In cases where the applicant has rejected altematives to the project as proposed due to constraints such as zoning deficiencies of infrastructure, or parcel size, the applicant has made reasonable attempt to remove or accommodate such constraints. Sec. 11.06,620. Limits of impacts to wetlands. A For wetlands where buffers are not connected to riparian corridors, (Category 3 wetlands and Category 2 wetlands which are not Category 3 wetlands only because they exceed one (1) acre in size) the following applies- regulated activities which result in the filling of no more than ten thousand (10,000) square feet of a wetland may be permitted if mitigation is provided consistent with the standards. B In computing the total allowable wetland fill area under this subsection, the director shall include any areas that have been filled since January 1. 1991. For f I example if five thousand (5,000) square feet of a wetland were filled in February, 1991, future applicants would only be allowed a maximum of five thousand (5,000) additional square feet under this subsection. Any proposed fill over ten thousand (10,000) square feet must demonstrate unavoidable and necessary impacts 1 Sec. 11.06.630. Fencing and sienage. All development and subdivisions to which this chapter applies shall construct a wildlife passable fence along the entire buffer edge, unless otherwise approved by the director. Wetland Sensitive Area Signs must also be attached to the fence or located Lust inside the wildlife passable fence attached to a 4 x 4 cedar post (or other non-pressure treated matenals approved by the city). Signs must be located at a rate of one sign per residential lot and one sign per 100 feet for all public rights of way, trails,parking areas, playgrounds and all other uses located adiacent to wetlands and associated buffers. 49 Critical Areas Sec. 11.06.640. Sensitive area tracts/easements. A. Condition of approval. As a condition of a roval pursuant to this chapter. the director shall require creation of a s arate sensitive area tract containing the areas determined to be wetland and/or wetland buffer. Sensitive area tracts\easements are separate tracts containing wetlands and wetland buffers with a etual deed restrictions requiring that the tract remain undeveloped. Sensitive area tracts are an integral part o the lot in which they are created are not intended for sale lease or transfer, and may be included in the area of the parent lot for purposes of subdivision method and minimum , lot size. B. Protection of sensitive area tracts. The director shall require that a sensitive ' area be protected by one (1) of the following methods: 1. The a licant shall dedicate to the city or other public or nonprofit entity sspecified by the director, an easement or tract for the protection of native vegetation within a wetland and/or its buffer; or 2 The applicant shall record against the property, a permanent and irrevocable deed restnction on all lots containing a sensitive area tract or tracts created as a condition of approval Such deed restriction(s) shall be approved by the director and the city attomey and prohibit in perpetuity the development, alteration, or disturbance of vegetation within the sensitive area tract except for purposes of habitat enhancement as part of an enhancement proiect which has received prior wntten approval from the city and any other agency with jurisdiction over such activity. , Sec 11 06 650 Notice on title. The owner of any property with field verified presence of wetlands or wetland buffers for which a permit a lication is submitted shall as a condition of permit issuance record a notice of the existence of such wetland ' or wetland buffer against the property with the King County Recorder's Office. The notice shall be approved by the director and the city attomey for compliance with this provision The titleholder will have the right to challenge this notice and to have it deleted if the wetland designation no longer applies, however the qpPlicant shall be responsible for completing a wetland delineation report which will be subiect to 50 Critical Areas , al) rop val by the director. Any unapproved alterations of a wetland will result in a code violation and will be enforced to the fullest extent of Kent City Code. jSec. 11.06.660. Compensating for wetland impacts. A. Condition of approval. As a condition of any approval allowing alteration o wetlands and/or wetland buffers or as an enforcement action the director shall require that the applicant engage in the restoration creation or enhancement of wetlands and ' their buffers in order to offset the impacts resulting from the applicant's or violator's actions The applicant shall develop a plan that provides for land acquisition construction maintenance and monitonng of replacement wetlands that recreate as nearly as practicable or improves the ongmal wetlands in terms of acreage, function, geographic location and setting. B. Goal The overall goal of any compensatory mitigation project shall be to ' replace the wetland lost with appropriate functions and values No net loss of wetland acreage or function shall be approved Compensation shall be completed prior to wetland destruction where practicable. Compensatory mitigation progams shall incorporate the standards and requirements contained in sections 11 06 550 and 11 06.560, above. C. Restoration and creation of wetlands and wetland buffers Any person who alters wetlands shall restore or create equivalent areas or g weater areas of wetlands than 1 those altered in order to compensate for wetland losses. Any created or restored wetlands shall be protected by the provisions of this chapter. D. Acreajze replacement and enhancement ratio. Wetland alterations shall be replaced or enhanced usine the formulas below, however the director may choose to ' double mitigation ratios in instances where wetlands are filled or impacted as a result o code violations. The first number specifies the acreage of wetlands requiring replacement and the seconds ecifies the acreage of wetlands altered. These ratios do not apply to remedial actions resulting from illegal alterations. 1. Compensation for alteration of Category 1 wetlands shall b accomplished as follows: a. By creation of new wetlands at a ratio of three (3) to one(1), 51 Critical Areas b By creation of new wetlands at a ratio of one (1) to one (1) and by enhancement of existing wetlands at a ratio of three(3)to one(1); or c By a combination of creation of new wetlands and enhancement o existing wetlands within the ranee of the ratios set out in subsections (a) and(b)above, so long as a minimum one (1) to one (1) creation ratio is met (for example, creation o new wetlands at a one and one-half(1.5) to one (1) ratio alone with enhancement o ' existing wetlands at a ratio of two and one-half(2.5)to one(1)may be acceptable). 2 Compensation for alteration of Category 2 and 3 wetlands shall be , accomplished as follows: a By creation of new wetlands at a ratio of one and one-half(1.5) to ' one 1 b By creation of new wetlands at a ratio of one (1) to one (1) and by ' enhancement of existing wetlands at a ratio of one (1) to one (1); or c By a combination of creation of new wetlands and enhancement o existing wetlands within the range of ratios set out in subsections (a) and (b) above, so long as a minimum one (]) to one (1) creation ratio is met. E. Decreased replacement ratio The director may decrease the required ' replacement ratio where the applicant provides the mitigation prior to altenng the wetland and a minimum acreage replacement ratio of one (1) to one (1) is provided In such a case the mitigation must be in place monitored for three (3) growing seasons and be deemed a success prior to allowing any alterations. F. Wetlands enhancement. 1 Any Applicant proposing to alter wetlands may propose to enhance ' existing Category 2 wetlands and Category 3 wetlands in order to compensate for wetland losses. ' 2 Not all Category 2 and 3 wetlands are in need of enhancement. If an applicant proposes to complete enhancement of an existing wetland, the proposed , enhancement shall be consistent with best available science and shall be approved by the department , 52 Critical Areas ' 3 A wetlands enhancement compensation Project shall be considered, provided that enhancement for one function and value will not degrade another function ' or value Acreage replacement ratios for enhancement shall be 3:1. 4 Category 1 wetlands shall not be enhanced as the only method o mitigation Category 1 wetlands shall be mitigated pursuant to the Provisions of this ' chanter. G. Wetland/Habitat Bank Mitigation may be allowed within a Wetland/Habitat ' Mitigation Bank located within the City of Kent once a bank is formed. Proposed developments must continue to demonstrate avoidance minimization, mitigation prior be allowed to mitigate using a wetland bank site. Feasibility of on-site mitigation will be required to be prior to allowing mitigation credits from a mitigation bank- H. Wetland type In-kind compensation shall be provided except that, out-of-kind compensation may be accepted where: ' 1 The wetland system to be replaced is already significantly degraded and III out-of-kind-replacement will result in a wetland with greater functional value 2 Technical problems such as exotic vegetation and changes in 'Watershed hydrology make implementation of in-kind compensation impracticable 3 Out-of-kind replacement will best meet identified regional goals (e g., replacement of historically diminished wetland typed. I. Location On-site compensation shall be provided except where the applicant ■ can demonstrate that: 1. The hydrology and ecosystem of the onginal wetland and those who benefit from the hydrology and ecosystem will not be substantially damaged by the onsite loss. 2 On-site compensation is not scientifically feasible due to problems with hydrology, soils, or other factors. 3. Compensation is not practical due to potentially adverse impacts from surrounding land uses. 4. Existing functional values at the site of the proposed restoration are significantly greater than lost wetland functional values. 53 Critical Areas 5 Established regional goals for flood storage, flood conveyance, habitat or ' other wetland functions have been established and strongly justify location o compensatory measures at another site. J. Off-site compensation. Off-site compensation shall occur within the same drainage basin as the wetland loss occurred, unless the applicant can demonstrate extraordinary hardship. K. O,ff-site compensation site selection. In selecting compensation sites for creation ' or enhancement applicants shall pursue siting in the following order of preference 1 Upland sites which were formerly wetlands and sip rtificantly degraded , wetlands Such wetlands are typically small-, have only one (1) wetland class; and have one (1)dominant lant species or a predominance of exotic species. i 2 Idle upland sites generally having bare ground or vegetative cover consisting primanly of exotic introduced species weeds or emergent vegetation. 3. Other disturbed upland. L. Timmo Where feasible compensatory projects shall be completed prior to activities that will disturb wetlands or immediately after activities that will temporarily disturb wetlands or prior to use or occupancv of the activity or development which was conditioned upon such compensation Construction of compensation projects shall be ' timed to reduce impacts to existing wildlife and flora. M. Completion of mrtmyation construction. On completion of construction, any approved mitigation proiect must be signed off by the applicant's qualified consultant and approved by the department A signed letter from the consultant will indicate that the construction has been completed as approved and approval of the installed mitigation plan will begin the monitoring period if appropriate. ' Article V. Fish & Wildlife Habitat Conservation Areas ' Sec. 11.06.670. Stream classifications and rating. A. To promote consistent gpl2lication of the standards and requirements of this cha ter streams within the City of Kent shall be rated or classified according to their ' characteristics function and value and/or their sensitivity to disturbance. 54 Critical Areas e B. Classification of streams shall be determined by the department based on consideration of the following factors: 1 Approved technical reports submitted by Qualified consultants in connection with applications for activities subject to these regulations 2 Application of the criteria contained in these regulations; and 3. Maps adopted pursuant to this chapter, ' C. Streams shall be designated Types 1 through 3 as follows: 1. Type I Water — means all shorelines identified in the Kent Shoreline ' Master Program. 2 Tie 2 Water— means salmonid bearing segments of natural waters not classified as Type I Water,with documented salmomd use. This category also refers to ' lakes ponds or impoundments having a surface area of I acre of greater at seasonal low water. Salmonid Beanng waters are used by fish for spawning, reanng or ' migration 3 Type 3 Water — means non-salmomd segments of natural waters not ' i classified as Type I or 2 Waters. These are stream segments within the bankfull width I of defined channels that are perennial and intermittent non-salmonid habitat streams These waters begin at a point along the channel where documented salmomd fish use ends. Sec. 11.06.680. Stream buffer areas, setbacks, fencing and siEnaee. ' A General provisions 1. The establishment of buffers shall be required for all development proposals and activities in or adiacent to streams. The purpose of the buffer shall be to protect the integrity, function, value and resources of the stream Buffers shall typically consist of an undisturbed area of native vegetation established to achieve the purpose o the buffer. No buildings, structures, impervious surfaces or non-native landscaping, shall be allowed in a buffer unless otherwise permitted by this chapter If the site has previously been disturbed, the buffer area shall be re-vegetated pursuant to an approved 1 enhancement plan. Where flexible buffer widths are permitted by this chapter, such enhancement shall be considered in determining appropriate buffer widths. Buffers ' 55 Critical Areas shall be protected dunne construction by placement of a temporary bamcade, notice o ' the presence of the critical area and implementation of appropriate erosion and sedimentation controls. Restrictive covenants or conservation easements will be required to provide long-term preservation and protection of buffer areas. 2 Required buffer widths shall reflect the functions and values of the ' stream the risks associated with development, and the We and intensity of human activity proposed to be conducted on or near the stream in those circumstances where , such activity is permitted by these regulations. 3 All stream buffers shall have a minimum building setback line, as ' defined by this chapter, of 15-feet from the edge of all stream buffers. 4 All stream buffers shall have a wildlife passable fence installed at the edge of the buffer Fencing shall consist of split rail cedar fencing (or other non- pressure treated materials approved by the city) The fencing shall also include , sensitive area signage at a rate of one (1) sign per lot or one (1) sign per 100 feet for large parcels and along public right of way whichever is greater. B. Standard buffer widths The following standard buffers are established for streams as measured from the ordinary high water mark Stream Standard Buffer ' T e 1.ype 1 Per Kent SMP ' T e 2 100 feet T e 3 40 feet C. Valley stream buffers A special stream buffer and mitigation/enhancement program shall apply to the industrialized areas adjacent to portions of Mill Creek ' Garrison Creek and Spnngbrook Creek on the valley floor. These areas are substantially developed for industrial uses and existing, historical setbacks are typically ' less than 50 feet Existing buffers are degraded. These areas are generally identified by the Valley Stream Overlay Map The Valley Stream Overlay area is generally described as that area beginning at the Kent city limits where the Green River and South 180`h Street intersect following 180`h Street easterly to the eastern right-of-way , line to SR 167 then moving south along the SR 167 eastern right-of-way line to the 56 Critical Areas ' swiv InarlT.ajo L9 ' '099*90*1I uog3as3o sluotuaitn al agl of iut,nsin , luouiaout,qua ia33nq y no.nl3 polt, giui aq dugs sngnq paonpal III' '9 •uoilt,00l Auu ui jugolad OS usgl aioui Aq paonpal 1ou si g3pim ia33nq oqZ •9 ' 'ia33nq plupue3s aql ui paupt,luoo aq pinom lEgm leg) ssal 1ou si ui t,iant, .cage u5m j5,I3nq 5q3 ui pautt,luoo ran Ielol oqs T ' -ngnq paonpal aql gl!m uo►loun•uoo ut papTAo.i si leugEg jo luatuaouuqua leuoil!ppy £ , •pal3533e KjosioApe oq lou llim lt,ligt,g ptuotuleS Z •paonpal aq lou IIpA suououn� tut,ailS I :t,ualuo Mimollo3 oql of loa qns 'vociol uiea.gs agi gum oouepl000e ut XjUo sutt,arls z OCAI ' i IOJ pa t,JOAL' aq of sglpim ia33nq I!umd Kuw luatulit, op aqj 'zu'2fv.IaAv O ng •g saioa s pau51ean43 10 pajaDuepua aA.iasai 01 SUEJU IEiapa3 10 alE1s gltm nI uiOo 01 io 4SUoljrjnnj ' asogl gltm luolstsuoo -p=ctijcl saipnls ouioa s-alis 3o Ouipuu aql uo posEq Am aql nq palm ai aq AEtu p.iEpUE1s aq1 uEgl 131E010 glpim taj3nq d sia nq pasva oul Q ' •suoileln of osaglio 001'90 11 uOilOas o uO!stAo1 aoueUEA aq3 So 060.90.11 uoll0as3O su0istnOI osn algt,uosuoi aq3 ganotgl ' pQllluuaci so 1 aoxa palliuliod aq IOU IIEgs u• E.tane io suoilonpai lojjng •.v •uogoas Stgl ut spiepuEls oouEuuo3.ia uoilt, ilitu 5q1 gum , lualsTsuoo pwin as aq IIEgs UBIZI luauiaouequa pus 3uatua eut,tu ia;3nq d E sla33nq paiin of aq1 glim pails!jiluloon aq tit,o san►loa qo asagy •ainlian uiol ialem , loiluoo of x1juln3pd put, sugap Apoom a n1 Jo luatuaoel It,notua.t luuInllo lozluoo uotsoia put, Ienoutai luatutpas gstl ui000t, 01 1E3tgEq pue uotlt,la an uilsixa aout,gua ' of aq IIEgs suieazls asagl 01 algt,3►1 t, lamold It,toa s aq3 3o It,o oq L Z •1553 OS aq IIEgs sia•I3nq tueailS ucuu aqjo ju!oZl agl of ian.g uaaag jo a pa ulalsea oEp utmollo3 uagl land uaaiD agl of loo(; alien ian.a uaai[) alp uimollo3 ualp anuand It,4u53 of 1aa13S snll,L Inn Suolt, uagl 15511S sn3c.L lseg of laauS gl!EuS 1saM Suole lsaa uagl 155uS glltuS 3saM 01 lOOU allEn ianc21 uaai[) agl wuolio uagl glnos anuany �86 3o uoiloasialui ' F. Activities within buffer. No structures or Improvements shall be permitted ' within the stream buffer area, including buildings, decks docks except as otherwise permitted by this section, by the ci s adopted Shoreline Master Program, or under one of the following circumstances: 1. When the improvements are part of an a roved enhancement ' restoration or mitigation plan: or 2. Construction of new Rublic roads and utilities and accessory structures ' when no feasible alternative location exists, or 3 Construction of foot trails, according,to the following criteria: ' a. Constructed of permeable materials._ b Designed to minimize impact on the stream system. ' c. Of a maximum width of eight (8) feet. d. Located within the outer half of the buffer, i.e. the portion of the ' jbuffer that is farther away from the stream except to cross a stream when approved b the citv and all other applicable agencies. 4 Construction of footbridges and boardwalks. ' 5 Construction of educational facilities such as viewing latforms and informational signs. 6. Stormwater discharge points and energy dissipation structuresprovided mitigation and enhancement is completed and approved by the city. , G. Protection of streams/buffers. Long term protection of a regulated stream and its associated buffer shall be provided by placingit in a separate tract on whic ' development is rohibited• executing an easement dedication to a conservation or anization or land trust; or similarly reserved throw h a permanent protectiv , mechanism acceptable to the city. The location and limitations associated with the stream and its buffer shall be shown on the face of the deed or plat applicable to the property and shall be recorded with the King County Recorder's Office. H. Buffer width variances. Required buffers shall not deny all reasonable use o , ro ert . A variance from buffer width requirements may be granted by the cit subiect to the variance criteria set forth in section 11.06.100 of these re lations. ' Variances to buffers shall require a buffer enhancement plan pursuant to sectio 58 Critical Areas 1 11 06 550 including bonding pursuant to section 11.06.560. Prior to obtaining a variance the applicant must demonstrate that all other reasonable altematives including ' avoidance minimization and buffer-averaging have been explored and would prohibit all reasonable economic use of the property. rI Buffer enhancements The applicant may propose to implement one or more enhancement measures listed in order of preference below, which will be considered in ' establishing buffer requirements: 1 Removal of fish barriers to restore accessibility to anadromous fish. 2 Enhancement of fish habitat usinglog_structures incorporated as part of a ' fish habitat enhancement plan. 3 Creating or enhancing the surface channel if approved by the ' Washington Department of Fish and Wildlife 4 Planting native vegetation within the buffer area especially vegetation ' that would increase value for fish and wildlife, increase stream bank or slope stability, improve water quality, or provide aesthetic/recreational value ' 5 Landscaping outside the buffer area with native vegetation or a reduction in the amount of cleanng outside the buffer area ' 6 Enhancement of wildlife habitat by adding strictures that are likely to be used by wildlife including wood duck houses, bat boxes, nesting platforms, snags, ' rootwads/stumps, birdhouses, and heron nesting areas. 7. Additional mitigating measures may include but are not limited to the following: a. Creating a surface channel where a stream was previously culverted ' or piped. b. Removing or modifying existing stream culverts (such as at road ' crossings) to improve fish passage and flow capabilities which are not detrimental to fish. ' c. Upgrading retention/detention facilities or other drainage facilities beyond required levels. d. similar measures determined to be appropriate by the department. 59 Critical Areas i Sec. 11.06.690. Alteration or development—standards and criteria. Alteration of streams and/or their established buffers maybe permitted by the department subject to the criteria of this section. Standards for mitigation of impacts to critical areas are identified in section 11.06.550 of these regulations. A. Alteration shall not degrade the functions and values of the stream. ' B. Activities located in water bodies and associated buffers, used by anadromous fish shall give special consideration to the preservation and enhancement of fish ' habitat, including but not limited to the following: 1. The activity is timed to occur only within the allowable work window for the particular species. 2. The activity is designed so as not to degrade the functions and values o ' the habitat and any impacts are mitigated. I 3. An altemate location or design is not feasible. ' C. Relocation of a Type, 2 or 3 stream solely to facilitate general site design shall not be permitted. Relocation of a stream may be permitted only when it is part of an Uproved mitigation or enhancement/restoration plan, and will result in equal or better ' habitat and water quality, and will not diminish the flow capacity of the stream D. Bridges shall be used to cross Type 1 streams: boring/micro-tunneling maybe considered for utility crossings if it would result in the same or lower impacts as ' bndging ' E. All new culverts shall be designed following guidance provided in the Washington Department of Fish and Wildlife's document: "Design of Road Culverts ' for Fish Passage, 2003" (or most recent version thereof). The applicant shall obtain a HPA from the Department of Fish and Wildlife. Culverts are allowed only in Type 2, ' and 3. F. The applicant or successors shall, at all times, keep any culvert free of debris ' and sediment to allow free passage of water and, if applicable, fish G. The city may require that a culvert be removed from a stream as a condition o , approval, unless the culvert is not detrimental to fish habitat or water quality, or removal would be a long term detriment to fish or wildlife habitat or water quality. ' 60 Critical Areas ' r Sec 11.06.700. Mitigation performance standards. The performance standards in this section and the standards in sections 11.06.550 and 11.06.560 shall be incorporated into mitigation plans submitted to the city for impacts to streams. Mitigation plans are subject to approval by the city of Kent. ' A Use plants native to the Puget Lowlands or Pacific Northwest ecoregion; nonnative introduced plants or plants listed by the Washington State Department o Agnculture as noxious weeds (WAC 16-750) shall not be used. B. Use plants adapted to and appropriate for the proposed habitats and consider the ecological conditions known or exgected to be present on the site C. Avoid planting significant areas of the site with species that have questionable potential for successful establishment, such as species with a narrow range of habitat tolerances. +I D. Specify plants that are commercially available from native-plant nurseries or available from local sources; if collecting some or all native plants from donor sites, 11, collect in accordance with ecologically accepted methods, such as those descnbed in the Washington Native Plant Society's Policy on Collection and Sale of Native Plants, that do not jeopardize the survival or integnty of donor plant populations. E. Use perennial plants in preference to annual species; annuals shall be planted following the second or third year after initial installation of plantings to determine the success of initial plantings and maintenance practices. Annual plants shall only be used if mitigation monitoring determines that native plants are not naturally colonizing the site or if species diversity is unacceptably low compared to approved performance standards. ' F. Use plant species high in food and cover value for native fish and wildlife species that are known or likely to use the mitigation site (according to reference wetlands,published information, and professional judgment). G. Install a temporary meation system and specify an imgation schedule unless a ' sufficient naturally-occurring source of water is demonstrated. H. Confine temporary stockpiling of soils to upland areas Unless otherwise ' approved by the department comply with all applicable best management practices for 61 Critical Areas clearing grading, and erosion control to protect any nearby surface waters from sediment and turbidity. I. Show densities and placement of plants. These should be based on the ecological tolerances of species proposed for planting. J. Provide sufficient specifications and instructions to ensure proper placement diversity and spacing of seeds, tubers, bulbs, rhizomes, springs plugs, and transplanted stock and other habitat features, to provide a high probability of success; and to reduce , the likelihood of prolonged losses of wetland functions from proposed development. Prepare contingency plans as described in section 11.06.550 for all mitigation proposals. K Do not rely on fertilizers and herbicides to promote establishment of plantings. If fertilizers are used they must be approved in writing by the department and other applicable agencies, and shall be applied per manufacturer specifications to planting holes in organic or time-release forms, such as Osmocotel) or comparable formulations, and never broadcast on the ground surface; if herbicides are used to control invasive species or noxious weeds and to help achieve performance standards, jonly those approved for use in aquatic ecosystems by the Washington Department o Ecology shall be used. Herbicides shall only be used in conformance with all applicable laws and regulations and be applied per manufacturer specifications by an applicator licensed in the state of Washington. See. 11.06.710. Wildlife habitat classification and rating. Wildlife habitat areas subiect to these regulations include habitat classified as "critical"habitat and "ponds"according to the criteria in this section. A. "Critical Habitat" are those habitat areas which meet any of the following criteria: I. The documented presence of s ecies or habitat listed by federal or state agencies as "endangered", "threatened", "candidate", "sensitive"or"priority". 2. The presence of unusual nesting or resting sites such as heron rookeries or raptor nesting trees. This provision shall be limited to ra tors which are included within the listed categories of wildlife noted in paraugph a above and shall apply to 62 Critical Areas active nests To demonstrate that a nesting site is inactive and not subject to these regulations an applicant must monitor the nesting site during construction and submit a Mort documenting that it is not currently being used by the relevant species. B. "Ponds" (deepwater aquatic habitat) as defined in this chapter, which are important to and support a wide variety of species of fish wildlife or vegetation. See. 11.06.720. Wildlife habitat buffer areas and setbacks. A Buffer widths for critical habitat areas shall be determined by the department, based on an critical area report prepared by the applicant pursuant to this chapter and consideration of the following factors 1. Research and evaluation of best available science sources relevant to species and habitat present within the city, as documented in City of Kent Best Available Science Review for Fish and Wildlife Habitat Conservation Areas, 2004,or amendments thereto. 2 Species-specific management guidelines of the Washington Department of Fish and Wildlife 3 Recommendations contained in the wildlife study submitted by a qualified consultant following the reporting requirements of these regulations 4. The nature and intensity of land uses and activities occunine on the site and on adjacent sites. Buffers are encouraged but are not required for secondar habitat. B. Buffers for ponds shall be 75 feet plus a 15-foot BSBL C. Wildlife habitat buffer widths may be modified by averaging buffer widths. I buffer averaging is approved, it shall include enhancement or restoration of buffer quality. D. Certain uses and activities which are consistent with the purpose and function o the habitat buffer and do not detract from its integnty may be permitted by the de artment within the buffer depending on the sensitivity of the habitat area Example of uses and activities with minimal impact which may be permitted in appropfiate cases include permeable pedestrian trails fishing piers and viewing platforms, and utilit easementsprovided that any impacts to the buffer resulting from permitted facilities 63 Critical Areas shall be mitigated. When permitted, such facilities should be located in the outer ten feet(10')of the buffer, unless otherwise approved by the director. E. Long term protection of critical habitat areas and their associated buffer(s) shall be provided by placing them in a separate tract on which development is prohibited: protection by execution of an easement: dedication to a conservation organization or land trust or a similar permanent protective mechanism acceptable to the city. The location and limitations associated with the habitat and its buffer shall be shown on the face of the deed or plat applicable to the property and shall be recorded with the King County Recorder's Office. See. 11.06.730. Alteration or development of wildlife habitat. A Critical Habitat Alterations of critical habitat shall be avoided, subiect to the variance or reasonable use provisions of this chapter. B. Where permitted by these regulations alteration shall not degrade the functions and values of the habitat. i III f` Sec 11 06.740. Performance standards for mitigation planning. II I A The performance standards in this section and the general standards in Section 11 06 550 of this chapter, shall be incorporated into mitigation plans submitted to the department for impacts to wildlife habitat The following additional mitigation measures shall be incorporated in mitigation planning: 1 Locate buildings and structures in a manner that minimizes adverse impacts on critical habitats used by priority, threatened or endangered species and identified by the Washington State Department of Fish and Wildlife, National Manne Fisheries Services. and U.S. Fish and Wildlife Services. 2 Integrate retained habitat into open space and landscaping 3 Wherever possible consolidate critical habitats into larger, unfragmented, contiguous blocks. 4 Use native plant species for landscaping of disturbed or undeveloped areas and in any habitat enhancement or restoration activities. 64 Critical Areas 1 5 Create habitat heterogeneity and structural diversity that emulates native plant communities described in Natural Vegetation of Oregon and Washington (Franklin J F and C T Dymess 1988) or other regionally recognized publications on native landscapes. 6 Remove and/or control any noxious and invasive weeds or exotic animals which are problematic to the critical habitat area as determined by the Department. 7 Preserve significant or existing native trees preferably in stands or groups consistent with achieving the goals and standards of this chapter B. On completion of construction any approved mitigation project must be signed off by the applicant's qualified consultant and approved by the department. A signed letter from the consultant will indicate that the construction has been completed as approved and approval of the installed mitigation plan will begin the monitonng penod if appropriate. Article VI. Geological Hazard Areas I See. 11.06.760. Alterations of geologic hazard areas. +� A Criteria. Alterations of geological hazard areas or associated buffers may only occur for activities that meet the following cntena; 1 1. Will not increase the existing threat of the geological hazard to adjacent properties 2. Will not adversely impact other critical areas. 3. Are designed so that the hazard to the project is eliminated or mitigated to a level equal to or less than pre-development conditions. 4. Are certified as safe as designed under anticipated conditions by a qualified engineer or geologist, licensed in the state of Washington. The department may condition or deny_moposals as appropnate to achieve these critena. Conditions may include limitations of proposed uses, modification of density, alteration of site layout, and other appropriate changes to the proposal. 65 Critical Areas I B. Essential public facilities. Public emergency, health, and safety facilities and public utilities shall not be sited within geologically hazardous areas unless there is no other practicable alternative. C. Landslide Hazard Areas. 1 Alterations to landslide hazard areas may be permitted based on the findings and recommendations of a geoloig_c_report prepared consistent with the requirements of this chapter and certifying that the development complies with the criteria in subsection A. above. 2 Unless otherwise provided or as a necessary part of an approved alteration removal of any vegetation from a landslide hazard area or buffer shall be prohibited except for removal of hazard trees as verified by the department. 3 Vegetation on slopes within a landslide hazard area or buffer which has been damaged by human activity or infested by noxious and invasive weeds may be replaced with vegetation native to Kent pursuant to an enhancement plan approved by the department The use of hazardous substances pesticides and fertilizers in landslide hazard areas and their buffers is prohibited unless otherwise approved by the department in writing 4 All alterations shall be undertaken in a manner to minimize disturbance to the landslide hazard area slope and vegetation unless the alterations are necessary j for slope stabilization. D. Erosion Hazard Areas. 1 Cleanng in an erosion hazard area is not limited to time of year, except when such restnctions are recommended in the geotechnical report and approved by the department. 2 Alterations to erosion hazard areas may only occur for activities for which a hazard analysis has been completed and submitted certifying that the development complies with the criteria in subsection A. The hazard analysis must be completed in general accordance with the requisites described in the geologic report. 3 Where the department determines that erosion from a development site in an erosion hazard area poses a significant risk of damage to downstream receiving waters based either on the size of the project, the proximity to the receiving water or 66 Critical Areas the sensitivity of the receiving water, the applicant shall be required to provide regular monitoring of surface water discharge from the site. Monitoring reports shall be submitted to the department based on provisions in an approved mitigation plan. If the project does not meet state water quality standards the department may suspend further development work on the site until such standards are met. 4 The use of hazardous substances pesticides and fertilizers in erosion hazard areas is prohibited unless otherwise apRroved by the Department. E. Seismic hazard areas. I Alterations to seismic hazard areas may be allowed only as follows: a The evaluation of site-specific subsurface conditions shows that the proposed development site is not located in a seismic hazard area; b Mitigation based on the best available engineenng and geotechnical jI practices shall be implemented which either eliminates or minimizes the risk o damage death or injury resulting from seismically induced settlement or soil jliquefaction Mitigation shall be consistent with the requirements of KCC 14.01 and shall be approved by the Building Official, and c Mobile homes may be placed in seismic hazard areas without performing special studies to address the seismic hazard Such mobile homes may be subiect to special support and tie-down requirements. F. Volcanic hazard areas The City shall maintain a may that indicates the location of volcanic hazards Sites which are located on or within 200 feet of an identified volcanic hazard area- shall include a notation on the title to the affected property disclosing the presence of the hazard. Sec. 11.06.750. Buffers and setbacks. A. A buffer shall be established to protect geologic hazard areas. Buffers and setbacks shall be established from the top, bottom, and sides of cntical areas Unless permitted by the director, native vegetation within buffer areas shall not be impacted, and shall remain in their natural state The width of the buffer shall be established by the department based on consideration of the following factors: 67 Crilica!Areas i 1. The recommendations contained in the geologic report required by this chapter and prepared by a qualified consultant. 2. The sensitivity of the geologic hazard in question. 3. The We and intensity of the proposed land use. B. All buffers shall include a minimum fifteen(15) foot BSBL. C. When the geotechnical report demonstrates that, due to application of desim and engineerine solutions, lesser buffer and setback distances will meet the intent of this regulation, such reduced buffer and setback distances may be permitted. 1. Minimum buffer width for landslide hazard areas shall be equal to the vertical height of the landslide hazard or fifty (50) feet, whichever is greater, for all landslide hazard areas that measure 10 feet or more in vertical elevation change from top to toe of slope, as identified in the geotechnical report, maps, and field-checking. No disturbance may occur within the buffer exceRt as provided within this chapter 2. The buffer may be reduced when a qualified professional demonstrates to the department's satisfaction that the reduction will adequately protect the proposed t development, adiacent developments and uses and the subject critical area. In no case shall the buffer be less than 25-feet. 3. To increase the functional attributes of the buffer, the department may require that the buffer be enhanced through planting of indigenous species. i 4. The edge of the buffer area shall be clearly staked, flagged, and fenced prior to any site clearing or construction. The buffer boundary markers shall be clearly visible, durable, and permanently affixed to the ground. Site cleanng shall not commence until the engineer has submitted written notice to the department that buffer requirements of this regulation are met Field marking shall remain until all construction and clearing phases are completed and final approval has been granted by the department. 68 Critical Areas Article VII. Critical Aquifer Recharge Areas I Sec 1106.770 Critical aquifer recharge areas designation, rating and mapping. A Critical aquifer recharge areas designation. Critical aquifer recharge areas (CARA) are those areas with a cntical recharging effect on aquifers used for potable water as defined by WAC 365-190-030 (2). CARA have prevailing geologic conditions associated with infiltration rates that create a high potential for contamination of ground water resources or contribute significantly to the replenishment of ground water. These areas include the following: 1. Wellhead protection areas. Wellhead protection areas shall be defined by the boundaries of the ten (10) year time of ground water travel, or boundaries established using alternate cntena approved by the Department of Health in those settings where ground water time of travel is not a reasonable delineation cnterion, m accordance with WAC 246-290-135. 2 Susceptible l round water mona!Zement areas Susceptible ground water imanagement areas are areas that have been designated as moderately or highly vulnerable or susceptible in an adopted ground water management program developed ipursuant to Chapters 173-100 WAC. 3. Special protection areas Special protection areas are those areas defined by WAC 173-200-090. 4. Private wells. Pnvate wells are not govemed by this code, however all provisions of the King County Board of Health Code 12.24.010 shall be applicable. B. Mapper of critical aquifer recharge areas. 1. The approximate location and extent of critical aquifer recharge areas are shown on the Wellhead Protection Area Inventory May,maintained by the department. 2. These maps are to be used as a guide for the city of Kent, project 1 applicants and/or property owners, and may be continuously updated as new critical areas are identified or when updates to the city of Kent Wellhead Protection Program are completed They are a reference and do not provide a final cntical area designation ' 69 Critical Areas 1 3. This manning does not include private water wells for single family residences. t Sec. 11.06.780. Critical aquifer recharge area reaortin2 requirements. A. Activities that require a critical area Wort. If located within a CARA. the following land use proposals shall be required to complete a critical aquifer recharge area report. The report shall be submitted to, reviewed and approved by the department. 1. Above ffound storage tanks 2 Dry cleaners. 3. Pipelines (hazardous liquid transmission). 4. Auto repair shoes including oil/lube facilities). - Underground storage tanks. 6. Gas stations. 7. Other land use types as determined by the director that may have the potential to significantly impact groundwater resources B. Requirements for critical aquifer recharge area reports 1. An aquifer recharge area critical area report shall be prepared by a qualified professional who is a hydrogeologist, or engineer, who is licensed in the state j of Washington and has experience in preparing hydro-geologic assessments 2. A critical aquifer recharge area report shall include the following site and , proposal related information at a minimum: a. Available information regarding geologic and hydrogeologic , characteristics of the site including the surface location of all critical aquifer recharge areas located on site or immediately adjacent to the site, and permeability of the unsaturated zone based on available information. b. Ground water depth, flow direction and gradient based on available information. c. Currently available data on wells and springs within 1,300 feet of the proiect area. 70 Critical Areas i i d Location of other cntical areas including surface waters, within 1,300 feet of the project area. e. Available historic water guality data for the area to be affected b the proposed activity. f. Best management practices proposed to be utilized. g_ Historic water quality data for the area to be affected by the proposed activity compiled for at least the previous five (5) year penod based on available information. h. Groundwater monitoring plan provisions. i Discussion of the effects of the proposed protect on the ground water quality and quantity, including: (1) Predictive evaluation of ground water withdrawal effects (2) Predictive evaluation of contaminant transport based on potential releases to ground water 1 A s12111plan that identifies equipment and/or structures that could fail, II resulting in an impact for construction penods and for general operating business procedures post construction. Spill plans shall include provisions for regular ' inspection,repair, and replacement of structures and equipment that could fail. II See. 11.06.790. Critical aquifer recharge area performance standards. A. General requirements 1. Activities may only be pennitted in a critical aquifer recharge area if the applicant can show that the proposed activity will not cause contaminants to enter the aquifer and that the proposed activity will not adversely affect the recharging of the Muifer. 2. The proposed activity must comply with the water source protection requirements and recommendations of the federal Envirorunental Protection Agency Istate Department of Health, and the Seattle King County Health Department. 3. The proposed stonnwater management facilities must be designed and constructed in accordance with the King County Surface Water Design Manual as adopted by the city of Kent pursuant to KCC Chapter 7.07. 71 Critical Areas 1 B. Specific uses. 1. Storage Tanks. All storage tanks proposed to be located in a critical , aquifer recharge area must comply with all applicable codes including, but not limited to, the Washington State Department of Ecology and local code requirements and must conform to the following: a. Underground Tanks. All new underground storage facilities proposed for use in the storage of hazardous substances or hazardous wastes shall be designed and constructed so as to: (1) Prevent releases due to corrosion or structural failure for the operational life of the tank. (2) Be protected against corrosion, constructed of non-corrosive ' material steel clad with a non-corrosive matenal, or designed to include a secondary containment system to prevent the release or threatened release of any stored substances (3) Use material in the construction or lining of the tank that is compatible with the substance to be stored. b Aboveground Tanks. All new aboveground storage facilities proposed for use in the storage of hazardous substances or hazardous wastes shall be designed and constructed so as to: (1) Not allow the release of a hazardous substance to the ground, ground waters, or surface waters. (2) Have primary containment areas enclosing or underlying the tank or part thereof. (3) A secondary containment system either built into the tank structure or a dike system built outside the tank for all tanks, (4) All outside above ground storage tanks shall be covered to prevent rainwater from filling secondary containment areas. 2. Vehicle re azr and servicing. Vehicle repair and servicing must be conducted over impermeable pads and within a covered structure ca able o withstanding normally expected weather conditions. Chemicals used in the process o 72 Critical Areas ' 1 1 vehicle repair and servicing must be stored in a manner that protects them from weather and provides containment should leaks occur. 3 Dry wells No dry wells shall be allowed in critical aquifer recharge areas Dry wells existing on the site prior to facility establishment must be abandoned using techniques approved by the state Department of Ecology prior to commencement of the proposed activity. 4 Residential use of pesticides and nutrients. Application of household pesticides herbicides and fertilizers shall not exceed times and rates specified on the packaging. 5 Spreading or infection of reclaimed water. Water reuse projects for reclaimed water must be in accordance with the adopted water or sewer comprehensive Mans that have been approved by the departments of Ecology and Health_ a. Surface spreading must meet the ground water recharge cntena given in Chapter 90 46.080 RCW and Chapter 90 46.01000) jb. Direct injection must be in accordance xvith the standards developed by authonty of Chapter 90.46 042 RCW. li Sec. 11.06.800. Prohibited uses. The following activities and uses are 1 prohibited in critical aquifer recharge areas- A Landfills. Landfills, including hazardous or dangerous waste, municipal solid waste, special waste, woodwaste, and inert and demolition waste landfills B. Underground imection wells. Class I, I11, and IV wells and subclasses FO1, 5D03 5F04 5W09 5W10 5W11 5W31 5X13 5XI4 5W20 5X28 and 5N24 of Class V wells. C. Minine. I. Metals and hard rock mining 2. Sand and gravel mining is prohibited from cntical aquifer recharge areas determined to be highly susceptible or vulnerable D Wood treatment facilities. Wood treatment facilities that allow any portion of the treatment process to occur over permeable surfaces (both natural and manmade). 73 Critical Areas 1 E Storage processing, or disposal of radioactive substances. Facilities that store process, or dispose of radioactive substances. F. Private wells. Any_prop= within the City of Kent using a private well for water supply shall abate the well in accordance with Department of Ecology Standards, when development is proposed and can be serviced by a municipal water purveyor. , Retention of exempt wells shall not be permitted for irrigation purposes to prevent potential cross-contamination issues. 1 All property currently with a private well, or within 200-feet of a private well shall follow all conditions of the King County Board of Health Code 12.24.010 in the design of the development of the property. Any proposed development plans shall show al_private wells within 200-feet. ' ther uses. Activities that would significantIV reduce the recharge to aquifers _ currently or potentially used as a potable water source or activities that would significantly reduce the recharge to aquifers that are a source of significant baseflow to i a regulated stream. j SECTION S. -Amendment. Chapter 14.09 of the Kent City Code is amende as follows: Chapter 14.09 FLOOD HAZARD REGULATIONS* See. 14.09.010. Definitions. , The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Appeal means a request for review of any final action pursuant to this chapter,or of the interpretation of any provision of this chapter by any city official. 74 Critical Areas ' Area of shallow flooding means the land within the floodplain where the base flood depths range from one (1)to three (3) feet; a clearly defined channel does not exist; the path of flooding is unpredictable and indeterminate; and, velocity flow may be evident. Area of special flood hazard means the land within the floodplain which is subject to a one (1)percent or greater chance of flooding to any given year. Base flood means the flood having a one (1) percent chance of being equaled or exceeded in any given year, also referred to as the one hundred (100) year flood. Base flood elevation means the actual elevation (in mean sea level) of the water surface Lualifi�ederson f h base flood determined by the federal flood insurance administration or other or agency as described in this chapter. Critical facility means a facility for which even a slight chance of flooding might be too jgreat. Critical facilities include, but are not limited to. schools, nursing homes, hospitals, police, fire and emergency response installations, and public and private facilities which produce, use, or store hazardous materials or hazardous waste as defined by State Department of Ecology. Development means any proposed or actual manmade changes to improved or 'I unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations located within flood hazard areas and other site preparation activities. Director means the director of the department of public works of the city. Flood or flooding means a general and temporary condition of partial or complete inundation of normally dry land areas from: 1 1. The overflow of inland or tidal waters; 2. The unusual and rapid accumulation of run-off of surface water from any source. 75 Critical Areas Flood insurance rate map (FIRM) means the official map on which the federal flood insurance administration has delineated both the special flood hazard areas and the risk premium zones applicable to the community. Flood insurance study means the official report provided by the federal insurance administration that includes flood profiles, the flood boundary and floodway map, flood insurance rate map, and the water surface elevation of the base flood. Flood season means the period from November 1 to March 31 during which, historically, the frequency, distribution and volume (inches of rainfall) of storms in the Green River Basin have been the largest and all known major floods have occurred. Flood lain means that portion of a river or stream channel and adjacent lands which are subject to the base flood flooding. i Floodway means the channel of a river or other watercourse and the adjacent land areas j that must be reserved in order to discharge the base flood without cumulatively jincreasing the water surface elevation more than one(1) foot. r Floodway f inge means that portion of a floodplam which is not floodway. Lowest floor means the lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, usable solely for parking of vehicles, storage, in an area other than a basement area is not considered a building access or j building's lowest floor, provided that such enclosure is not built so as to render the structure in violation of the applicable nonelevation design requirements of this chapter. Manufactured home means a structure,transportable in one (1) or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. For floodplain management purposes the term "manufactured home" also includes park trailers, travel trailers, and other similar vehicles placed on a site for greater than one hundred eighty (180) 76 Critical Areas ' consecutive days. For insurance purposes the term "manufactured home" does not include park trailers,travel trailers,and other similar vehicles. jManufactured home park or subdivision means a parcel (or contiguous parcels) of land divided into two (2)or more manufactured home lots for rent or sale. New construction means structures for which the "start of construction" commenced on jor after the effective date of this chapter. Special flood hazard area means those land and water areas identified by the Federal Insurance Administration in a report entitled "The Flood Insurance Study for King County Washington and Incorporated Areas" dated September 30, 1989, with accom anying pages on file with King County or the department of public works of the city. i Start of construction includes substantial improvement, and means the date a building �I j permit was issued, provided the actual start of construction, repair, reconstruction, placement or other improvement was within one hundred eighty (180) days of the i I permit date. The actual stall means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, I the construction of columns, or any work beyond the stage of excavation, or the placement of a manufactured home on a foundation Permanent construction does not include submission of an application for development, land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations ' or the erection of temporary forms, nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not ipart of the main structure. Structure means a walled and roofed building including a gas or liquid storage tank that is principally above ground. 77 Critical Areas Substantial improvement means any repair, remodeling, reconstruction, or improvement of a structure, the cost of which equals or exceeds fifty(50) percent of the , appraised fair market value of the structure either: 1. Before the improvement or repair is started; or 2. If the structure has been damaged and is being restored, before the damage occurred. For the purposes of this definition, "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not,however, include either: a. Any project for improvement of a structure to comply with existing state or local health, sanitary, or safety code specifications which are necessary solely to assure safe living conditions; or b. Any alteration of a structure listed on the National Register o i Historic Places or a recognized state or local inventory of historic places ■ Sec. 14.09.020. Findings. The city council finds that• 1. The flood hazard areas of the city are subject to periodic inundation which endangers life and property, presents health and safety hazards, disrupts commerce and governmental services, and necessitates extraordinary public expenditures for flood protection and relief, all of which adversely affect the public health, safety and general welfare, and 2. These flood losses are caused by the natural accumulation and pondtng o floodwaters and the cumulative effect of obstructions in flood hazard areas which increase flood heights and velocities. Uses inadequately floodproofed, elevated or protected from flood damage or that otherwise encroach on the natural holding capacity ' of the floodplain also contribute to the flood loss. 78 Critical Areas ' See. 14.09.030. Purpose. It is the purpose of this chapter to promote the public health, safety, and general welfare, and to minimize public and private losses due to flood conditions in specific areas by enacting provisions designed to: 1. Protect life and property by preventing the hazardous use of flood-prone i lands; ■ 2. Protect downstream or surrounding property from higher velocities or higher flood levels which may be caused by loss of holding capacity in the floodplain; 3. Minimize turbidity and pollution from upstream or surrounding jdevelopment during a flood; _ 4. Minimize the expenditure of public money for remedial flood control measures; 5. Minimize the need for rescue and relief efforts associated with flooding jwhich are generally undertaken at the expense of the general public, I 6. Minimize damage to public facilities and utilities such as water and gas li mains, electric, telephone and sewer lines, streets and bridges located in flood hazard areas; 7. Alert appraisers, assessors, owners, potential buyers, and lessees to the natural limitations of flood-prone land; 8. Ensure that those who occupy or seek to develop in flood hazard areas assume responsibility for their actions; 9. Quahfy the city and existing homes and businesses for participation in the federal flood insurance program; and 10. Implement local, state and federal flood protection programs. 1 79 Critical Areas , Sec. 14.09.040. Policies and standards for reducing flood losses. In order to accomplish its purpose, this chapter includes policies and standards to: 1. Restrict, condition, or prohibit uses which are dangerous to health, safety and property due to water or erosion hazards, or which result in damaging increases in erosion, flood heights or velocities; 2. Require that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial development and construction; 3. Control the alteration of natural floodplains, stream channels, and natural protective barriers, which help accommodate or channel floodwaters; 4. Control filling, grading, dredginiz, and other development which may increase flood damage; and 5. Prevent or regulate the construction of flood barriers which will �I unnaturally divert flood-waters or which may increase flood hazards in other areas Sec. 14.09.050. Lands to which this chapter applies. This chapter shall apply to all areas of special flood hazards within the jurisdiction of the city. Sec. 14.09.060. Basis for establishing the areas of special flood hazard. The areas of special flood hazard identified by the Federal Emergency Management Agency in a scientific and engineering report entitled "Flood Insurance Study for King County, Washington and Incorporated Areas," dated June 16, 1995, with accompanying flood insurance maps is hereby adopted by reference and declared to be a part of this chapter as if stated verbatim. The flood insurance study is on file and available for examination at the office of the department of public works. Sec. 14.09.070. Penalties for noncompliance. No structure or land shall hereafter be developed, constructed, located, extended, converted, or altered without full compliance with the terms of this chapter 80 Critical Areas and other applicable regulations. Violation of the provisions of this chapter by failure to comply with any of its requirements (including violations of conditions an safeguards established in connection with conditions) shall constitute a misdemeanor. Any person who violates this chapter or fails to comply with any of its requirements shall upon conviction thereof be fined not more than five hundred dollars ($500) o imprisoned for not more than one hundred eighty (180) days, or both, for each jviolation, and in addition shall pay all costs and expenses involved in the case. Nothing herein contained shall prevent the city from taking such other lawful action as is necessary to prevent or remedy any violation. Sec. 14.09.080. Abrogation and greater restrictions. This chapter is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this chapter and another ordinance, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail it See. 14.09.090. Interpretation. In the interpretation and application of this chapter, all provisions shall be: j1. Considered as minimum requirements; 2. Liberally construed in favor of the governing body, and 3. Deemed neither to limit nor repeal any other powers granted under state statutes. Sec. 14.09.100. Warning and disclaimer of liability. The degree of flood protection required by this chapter is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased b manmade or natural causes. This chapter does not imply that land outside the areas o special flood hazards or uses permitted within such areas will be free from flooding or jflood damages. This chapter shall not create liability on the part of the city, its elected officials or any officer or employee thereof, or the Federal Insurance Administration, 81 Critical Areas for any flood damages that result from reliance on this chapter or any administration decision lawfully made hereunder. Sec. 14.09.110. Green River flood control zone number 2. All building and development within the boundaries of the Green River flood control zone number 2 shall comply with all provisions of chapter 86.16 RCW and chapter 508-60 WAC,the state flood control zone act and permit program regulations. Sec. 14.09.120. Permits and licenses. No permit or license for structures or the development or use of land shall be issued by the city within a special flood hazard area unless approved by the director or l other designate. Such approval shall be based on a review of the provisions set forth in this chapter and the technical findings and recommendations of city departments j including, but not limited to building, fire and planning departments. Compliance with the provisions of this chapter does not obviate the need to obtain other permits which may be required pursuant to state or federal law including but not limited to approvals required from the United States Army Corps of Engineers and the State Departments o Social and Health Services and Ecology relating to water and sewer systems which ensure that water and sewer systems will be designed to avoid infiltration, inflow or impairment. Sec. 14.09.130. Procedural requirements. City permits or licenses which relate to the development and use of land within a flood hazard area or special flood hazard areas shall be referred to the department o public works by the issuing department for approval. If it can be determined from information at hand that the property does not lie in a special flood hazard area, the issuing department may approve the permit or license directly. If it appears that the property may lie in a special flood hazard area, the department of public works shall require its owner to submit information necessary to determine if in fact the property lies within the floodway or floodway fringe. If it is determined that the property lies within the floodway or floodway fringe, the applicant shall be required by the 82 Critical Areas department of public works to submit such surveys, plans and supporting documents as are necessary to determine the applicability of city regulations to the proposed structure, development or use. The department of public works shall consider not only the individual structure, development or use, but shall also consider it in combination with existing and future similar structures, developments and uses. Whenever technical information is furnished to the city by an applicant, the city shall consider such report in acting upon the requested permit. In performing such review, the department o public works may request additional applicant information, including the preparation and submission of an environmental checklist under the State Environmental Polk Act or a supplement thereto if already submitted to an issuing department. The director or his designate shall, within a reasonable time, indicate approval or disapproval of the requested permit or license; and if a roved the conditions of approval, in a letter to the issuing department, with copies to the applicant, issuing department, commenting departments, other agencies and other known parties of interest. Sec. 14.09.140. Use of other base flood data. In order to administer the provisions of this chapter when base flood elevation data has not been provided in accordance with sections herein, the director shall obtain, review, and reasonably utilize any base flood elevation and floodway data available from a federal, state or other source determined by the director to provide accurate and detailed flood related information. Such information shall supplement special flood hazard area information and maps and shall be retained on file with the department o public works, including information under KCC 14 09.150. See. 14.09.150. infor-mation to be obtained and ma;ntnified. The of publie wer4s shall obtain and maintain the fellowing infeHi}3tt6ft. I83 Critical Areas 1 > all. OF substantially ed fle p .f et,W_ _. 8-'V .,..ter:,,.,..,..., ..., .,... ' L Maintain the needp feefi.,e eefti fieet:ens Fequir-ed of this ehapte_ 3. „R ..a fer- e.- ubl �Ye -all r-eeerds ptaini--a ale the ins ef this ehapter-. cee. 14.09.160. AlteFfitiOH ofmr.te..e,.UFse. Whenever- an It t'eft er- mleeetien o f any ,eter-ee„wee is p p sed tl,e } AT ti f A. t eeffffnua:t;e ..a.l_ the -State Tie ..a.., ..t ..0 s,aeh - t'C +' to ♦1, federal a ed..inis*fet:en Sec. 14.09.150. Designation of Local Administrator. The public works director or his/her designee is hereby appointed to administer and implement this ordinance by granting or denving development permit applications in accordance with its provisions. Duties of the administrator shall include, but not be limited to: A. Permit Review. 1 Review all development permits to determine that the permit requirements of this ordinance have been satisfied. 2 Review all permits to determine that all necessary permits have been obtained from those Federal State or local governmental agencies from which prior avoroval is required. 3 Review all permits to determine if the proposed development is located within a floodway. If proposed development is located within a floodwav ensure that that section 14.09.190 is enforced. 84 Critical Areas B Use of Other Base Flood Data in (A and V Zones) 1 When base flood elevation data has not been provided(A and V Zones) in accordance with KCC 14 09 060 the public works director or his/her designee shall obtain review and reasonably utilize any base flood elevation and floodway data iavailable from a Federal, state or other source to administer this title. C. Information to be obtained and maintained. 1 Where base flood elevation data is provided through the Flood Insurance Study, FIRM or required as in section 14.09.2200) (B), obtain and record the actual ielevation (in relation to mean sea level) of the lowest floor (including basement) of all s new or substantially improved structures and whether or not the structure contains a basement. 2. For all new or substantially improved flood roofed structures where base flood elevation data is provided through the Flood Insurance Study, FIRM, or as required in 14.09.220 (1) (B). a. Obtain and record the elevation ( in relation to mean sea level) to which the structure was floodproofed. and b. Maintain floodproofing certifications required pursuant to KCC 14 09.150 (2) (b) c. Maintain for public inspection all records pertaining to the provisions of this ordinance. D. Alteration of Watercourses 1. Notify ad acent communities and the Department of EcoloIZV Drior to an alteration or relocation of a watercourse submit evidence of such notification to the Federal Insurance Administration. 2. Require that maintenance is provided within the altered or relocated portion of said watercourse so that the flood carrying capacity is not diminished. E. Interpretations of FIRM boundaries. Make interpretations where needed as to exact location of boundaries of the areas of special flood hazards for example, where there appears to be a conflict between a mapped boundgy and actual field conditions). The person contestm th 85 Critical Areas location of the actual boundary shall be given reasonable opportunity to aDDeal the interpretation as provided for in KCC 14.09.230. Sec. 14.09.16-70. General standards. In all areas of special flood hazards,the following standards are required: 1. Anchoring. a. All new construction and substantial improvements shall be anchored to prevent flotation, collapse, or lateral movement of the structure. b. All manufactured homes must likewise be anchored to prevent flotation, collapse or lateral movement, and shall be installed using methods and practices that minimize flood damage. Anchoring methods may include, but are not limited to, use, of over-the-top or frame ties to gmund anchors (reference FEMA's "Manufactured Home Installation in Flood Hazard Areas" Guidebook for additional techniques). 2. Construction materials and methods. a. All new construction and substantial improvements shall be i constructed with materials and utility equipment resistant to flood damage. b. All new construction and substantial improvements shall be constructed using methods and practices that minimize flood damage. c. Electrical, heating, ventilation, plumbing, and air-conditioning equipment and other service facilities shall be designed and/or otherwise elevated or located so as to prevent water from entering or accumulating within the components during conditions of flooding. 3. Utilities. a. All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the system; b. New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters into the systems and discharge from the systems into floodwaters; and c. Onsite waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding. 86 Critical Areas , d Proposed water wells shall be located on high ground that is not located within a spcecial flood hazard area. 4. Subdivision proposals. a. All subdivision proposals shall be consistent with the need to minimize flood damage; b. All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical, and water systems located and constructed to minimize flood damage; c. All subdivision proposals shall have adequate drainage provided to reduce exposure to flood damage; d. Where base flood elevation data has not been provided or is not available from another authoritative source it shall be generated for subdivision J proposals and other proposed developments which contain at least fifty (50) lots or five (5) acres (whichever is less); and e. Subdivision approval should depict or state what portions of the development are within special flood hazard areas 5. Review of building pernuts. Where elevation data is not available either through the flood insurance study or from another authoritative source, applications for building permits shall be reviewed by both the issuing department and department o public works to assure that proposed construction will be reasonably safe from flooding. The test of reasonableness is a local judgment and engineering practices and includes use of historical data, high-water marks, photographs of past flooding, etc., where available. Failure to elevate at least two (2) feet above grade in these zones may result in higher insurance rates. Sec. 14.09.1780. Specific standards. In all areas of special flood hazards where base flood elevation data has been provided as set forth in KCC 14.09.060 or KCC 14.09.140, the following provisions are required: 87 Critical Areas 1. Residential construction. a. New construction and substantial improvement of any residential structure shall have the lowest floor, including basement, elevated one (1) foot or more above base flood elevation. b. Fully enclosed areas below the lowest floor that are subject to flooding are prohibited, or shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or must meet or exceed the following minimum criteria: (1) A minimum of two (2) openings having a total net area of not less than one (1) square inch for every square foot of enclosed areas subject to flooding shall be Drovided. (2) The bottom of all openings shall be no higher than one (1) foot above grade. (3) Openings may be equipped with screens, louvers, or otheri coverings or devices provided that they permit the automatic entry and exit o floodwaters. 2. Nonresidential construction. New construction and substantial improvement of any commercial, industrial or other nonresidential structure shall either have the lowest floor, including basement, elevated one(1) foot or more above the level of the base flood elevation; or, together with attendant utility and sanitary facilities, shall: a. Be floodproofed so that below one (1) foot above the base flood level the structure is watertight with walls substantially impermeable to the passage of water; b. Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; c. Be certified by a registered professional engineer or architect that the design and methods of construction are in accordance with accepted standards o practice for meeting provisions of this subsection based on their development and/or review of the structural design, specifications and plans. Such certifications shall b provided to the official as set forth in KCC 14.09.150(2). 88 Critical Areas i d. Nonresidential structures that are elevated, not floodproofed, must meet the same standards for space below the lowest floor as described in subsection (1)(b)of this section. e. Applicants floodproofing nonresidential buildings shall be notified that flood insurance premiums will be based on rates that are one (1) foot below the floodproofed level (e.g., a building floodproofed to one (1) foot above the base flood level will be rated as at the base flood level). 3. Critical facility. Construction of new critical facilities shall be, to the extent possible, located outside the limits of the base floodplain. Construction of new critical facilities shall be permissible within the base floodplain if no feasible alternative site is available. Critical facilities constructed within the base floodplain shall have the lowest floor elevated to three 3 feet or more above the level of the base flood elevation at the site. Floodproofing and sealing measures must be taken to ensure that toxic substances will not be displaced by or released into floodwaters. Access routes elevated to or above the level of the base floodplain shall be provided to all critical facilities to the extent possible. 4. Manufactured homes. All manufactured homes to be placed o substantially improved within zones Al-30, AH, and AE on the community's FIRM shall be elevated on a permanent foundation such that the lowest floor of the manufactured home is one (1) foot or more above the base flood elevation; and b securely anchored to an adequately anchored foundation system in accordance with the provisions of KCC 14.09.16-70 (1)(b). 5. Recreational Vehicles. Recreational vehicles placed on sites are re uired to meet all applicable provisions of Kent City Code. If allowed by code recreational vehicles are required to either a. Be on-site for fewer than 180 days; b. Be fully licensed and ready for highway use on its wheels or iackin system, attached to the site only by quick disconnect type utilities and security devices and have no permanently attached additions, or c. Meet the requirements of 14.09.160 1 above and the elevation an anchoring requirements for manufactured homes. I89 Critical Areas 1 6. Drainage around structures Adequate drainage paths are required around structures on slopes to guide waters around and away from proposed structures. Sec. 14.09.1890. Floodways. Within the floodway of the areas of special flood hazard, the following provisions apply: 1. Prohibit encroachments, including fill, new construction, substantial improvements, and other development unless certification by a registered professional engineer or architect is provided demonstrating that encroachments shall not result in any increase in flood levels during the occurrence of the base flood discharge. 2. Construction or reconstruction of residential structures is prohibited within desi ated floodwa s except for: repairs, reconstruction or improvements to a structure which do not increase the ground floor area; and repairs, reconstruction or improvements to a structure, the cost of which does not exceed fifty (50) percent of the jmarket value of the structure either, before the repair, reconstruction, or repair is started, or if the structure has been damaged, and is being restored, before the damage occurred. Work done on structures to comply with existing health, sanitary, or safety t codes or to structures identified as historic places shall not be included in the fifty (50) percent determination. 3. If subsection (1) above is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions o KCC 14.09.170. Sec. 14.09.19020. Wetlands management. To the extent possible adverse impacts to wetlands should be avoided as such. 1. Proposals for development within base floodplains shall be reviewed by both issuing departments and department of public works for their possible impacts on wetlands located within the floodplain. 2. Development activities in or around wetlands shall not negatively affect public safety, health, and welfare by disrupting the wetlands' ability to reduce flood and storm drainage. 90 Critical Areas 3. Assistance from the United States Army Corps of Engineers or State Department of Ecology shall be sought in identifying wetland areas. Sec. 14.09.200-N. Standards for shallow flooding areas (AO zones). Shallow flooding areas appear on FIRM's as AO zones with depth designations. The base flood depths in these zones range from one (1) to three (3) feet above ground where a clearly defined channel does not exist, or where the path of flooding is unpredictable and where velocity flow may be evident. Such flooding is usually characterized as sheet flow. In these areas, the following provisions apply: 1. New construction and substantial improvements of residential structures within AO zones shall have the lowest floor (including basement) elevated above the highest grade adjacent to the building, one 1 foot or more above the depth number specified on the FIRM (at least two (2) feet if no depth number is specified). 2. New construction and substantial improvements or nonresidential structures within AO zones shall either: a. Have the lowest floor (mcludmg basement) elevated above the highest adjacent grade of the building site, one(1) foot or more above the depth number I specified on the FIRM (at least two (2) feet if no depth number is specified); or jb. Together with attendant utility and sanitary facilities, be completely flood- proofed to or above that level so that any space below that level is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. If this method is used, compliance shall be certified by a registered professional engineer or architect as in KCC 14.09.180(2). 3. Require adequate drainage paths around structures on slopes to guide floodwaters around and away from proposed structures. Sec. 14.09.21024. Appeals. The decision of the department of public works to approve condition or jdisapprove a permit or license in a flood hazard area may be appealed to the land use hearing examiner. The requested permit or license shall not be issued by a city 91 Critical Areas department during the appeal period. The following procedures apply to appeals for the decision of the department of public works to approve, condition or deny proposals within a flood hazard area: 1. Written notice of appeal shall be filed with the department of public works within ten (10) days from the date of the decision which aggrieves the appealing party. A fee of twenty-five dollars ($25) shall be paid at the time of filing the written appeal. The appeal will not be accepted unless accompanied by full payment. 2. All notices of appeal shall state in full the decision appealed and the reasons why the appealed decision should be reversed or modified. 3. All appeals so filed shall be heard by the hearing examiner and a determination by the examiner made within thirty(30) days from the closing date of the heari 4. At least seven (7) days before the appeal hearing, the department o public works will provide the hearing examiner, the appellant, and any other person expressing written interest in the application or appeal a copy of the decision which is being appealed. 5. In passing upon such applications, the hearing examiner shall consider all technical evaluations, all relevant factors and standards and the criteria specified in this chapter and applicable state regulations. 6. The hearing examiner shall prepare a written report and decision containing findings and conclusions which show how its decision implements the purposes of this chapter and is consistent with the criteria, standards, and limitations o this chapter. 7. The decision of the land use hearing examiner shall be final and conclusive unless, within fourteen (14) calendar days from the date of the hearing examiner's decision, an aggrieved party obtains a writ of certiorari from superior court for the purpose of review of the action taken. Sec. 14.09.220. Variances. Variances shall be completed in accordance with those provisions identified in the City of Kent Critical Area Regulations found in Kent City Code Title 11. 92 Critical Areas SECTION 6. - Repeal. Section 15.08.220 of the Kent City Code, entitle "Water quality and hazard area development-Purpose,"is repealed as follows: See. 15.08.220. WateF quaHty and hazard nFee development Purpose. Preserving er enhaneing the water- quality in the eity's water-eeUfses- i 1 SECTION 7. - Repeal. Section 15.08 222 of the Kent City Code, entitle "Same-Map - Conflicting provisions,"is repealed as follows: See. 15.08.222. Same Alop b provisions. Development limitation areas are hefeby deltne-ated on the map entifled cc planningHaZaFEI 24ea Development Limitations" filed with the eity eletk and m the etty I SECTION 8. - Repeal Section 15.08.224 of the Kent City Code, entitle "Same-Classifications and restrictions,"is repealed as follows. Sec. 15.08.224. Same- Classifications and restrictions. eateberies and b > from least to fnes - 1 93 Critical Areas Glass6im em 1. lowhazard are89. I 1. 1,... a fd afeas, the i defined as lands ...>,ere the l lle. ing .,...l:t:...,.. a: Slepes fifteen (15) pefeent te twenty five (25) o per-eeSt tegetl,ef with alas 2 seismie 1,aze fd and ..las 1.T Sle..es fifteen 1[ ..e .,feen ! \. t to twenty five (25) �4 > elass 3 a .. 1..........1 area; e. Qle.. s fifteen (15) pe e..t to twenty five (25) Pemea4 4ege4hef %ith-elass 2 seisfiiio afid class 9 er-esien hazard area; e e. ml.:.+.. (30 to fifty icm feet c.., the er-din,, ... 3"o high mar of a lake. (-Se 4he f llew:..,, �4� 1 2. Afederate hazar4areas. In fate—hazar-d �8y6 areas, the maximum afneunt ef impenieus 94 Critical Areas i hazard areas are defined as these lands vvher-e the fellewing ..a:t:ens exist.. zeFe te—thii4y (am) l feYe. vfr-em the erdiaar-y high water- mafk ef a lake. (See Example of development guidelines within 30, and 50'from a lake 0, ordinary �i 50, high-crater line j I� 3. Wigli-hd_ard areas ifi high hazard afeas, the „-fa allewed en each let O. (2) „ r-n.1 High ha fd aFeas a .1eF„e.l s the lands,.,1,er-e the F lle„.:„e a „A:t.e„s a ist. a Slepec_fiftee„ (15) a „t ♦e t., ent., five (25) eisfaie w hazard, ard a' OF t to y re„t.. AN,e MC\ ZTO b. Slopes �€�een�3)--peFeem� A�-�r��=� a. e te. Slopes twenty-fiti,e (25) peteent te fefly (40) 2A pereent--tegether- with elass 3 se+sfnie and elass 3 1 95 Critical Areas 4 eeye z e_ r4 arem. In . e 1,...,.,_d afeas, the eaek let--is zer-e-peFEent. Severe_hazard__ofeas_a e defined as these 1..«ds where the F lle...:«e ., «d:t:e«s e a. Cle«es Fe-Ft,. (40) «e,.ee«Lend ever-; e b. cie«ems t...e«t,. five /25\_«e�e..t__to f „ dll\ t t.. etl,e... .:tl, elves.. 3 slide and sl,« elass 3 r_.v..,.. ...ate...�. ...... el ass � ......� �... ....YY"a_� �.___ ., hazard, and elass 3 eresion hazard area; a n�n�/� F A11 .. e . v O d. Ce..e«t.. R..e !75\ feet .,etl,..el. 4�e«, the r,.« eFany r-avifie—The-tep-of a ravine is where the slepe is ..11ess than fifteen ! \ « t >o« . a� ..l 1 C I er- i 75' setback from the top of a ravine 75' Top Top 75' Fee s 1 96 Critical Areas " rer- wk of any inajeF .. eels. ,. P. Ti--.re..r, five (25) feet sethaelE from the __a;.,.,ff ' i 26, Setback 50' Setback from a minor from a major creek creek hn 1 S 1' 1 1 he top e f a d� g. Te33{10}feet Sc t choaca's u F vxix txrc z "age diteh, e� I h. All weflands as de€ri3ed in the deco !'lass:Aeet.en of Wetlands and Dee..wafer Habit.,t.. f rh v.�.au..avu.ay.a . Wetlands• Vi.!n 4l<.1 TS6V[SIILTpf{1iVi United States, by the U.S. Fish e..d Wildlife Se_..:. e e f I he DeYua aaxxc e_t.,,ent of Into `, of wh.eh is riled with •. 97 Critical Areas t the 't.. left. ♦• 11 szzc c3s�w—czvrn. ��335 E�aSSi�3Eac3933 s}3a�� 23fE�13�e—@rr wetlands eensideFed in the Valley FleeFStudies-; e i. .4-11 unique and fi�*le aFeas defined in the Fe3Ased Valley Floor- Stu es appmved by e:t.. eouneil ]..'ebFu m.,21 1981 a eapy ef.kkeh is filed ..with the e:t.. i. The hasa3'd area deVelopmeat limita lens —iaa^p—adepc'cc of—zzcc i of the area. The hd shall be b ..1.,.,..: ....hl:e e .zaF afea fnaps a e eee y .,.,� and depaftments i A11 majer- .,d _mmer- er-eels in the e.t.. ...hefe they flow,, eor- r ..deyele«ed land, shall he Fet..:..ed :.. their n ter-a state and leeet.e., f:efeffed to in this as ' F ereOc plan, a stfeafn plan, dFawii te seale; shall bepr-epafed; which indirates how thedevelopTrem will he a ..simeted in felet:on to the seam and in r-elet:en to f wed ..to....., dr..inagreview prior. te the issuanee of any 3. A str-eafn plan shall be submitted te the eity planning depaFtmeat fer- its , ineluding zening, building, 98 Critical Areas , ' 4. The '....... ,, ,depaf4.«_«t _hall re, _e„t_the she..... plan in -e1..t:,,« to tl.e 1.. ..b mot._. r_ pr-epesed develepfnen4 plan and make a detefaiination that the plan does pfflteet the S. I The planning de aFt«.e«t y eauae_n__ e.di fie.t: of the .de eleY«.a«t plan to ensufe that the b f 1. eL shall fellow the guidelines feeemme n`d ......« .. .........� .....,.«..,.ewe ., the ..., �_ ____ I__ __ _______ ______ -_____ ___ _ o-__ ______ and f the state Tle«.,..t„..e«t ..F'1r:st,ems:es and (`_.....e1D!`L;;Z 75 20 1001 T Setl.,.eks fFe.« a r-eleeate.d major eek shall be fifty(Sn)_feet ,. a feeeffffneaded by the State Depai4fnemof Fisheries md Game,whiehever is the gf eater, as «,ded by the State De«...t.,,e«t of l;.sl.er:es and Game, 1.„ ,..1,eyef :s tl,e 1greater- ' speeial eefieei:a Ea the city-c f Kent The elm stfearn buffer—regal re- r-eomiag develepment and alteFations te these sensitive areas, !he eity seeks -- a. Pretest unique, fr-agile and valuable elements of the eavir-enmen; ineluding wildlife and its habitat; regulating alterations in and u„j aee«t to sensitive areas, availability, wa4er-quality, wetlands, and sir-eams; d. Rreieet the ublic; ,a,, 1.1 t ,d t' ..j... .b..va. .ua�aa..n.Q-�saicamzc ieJpuCeTT 99 Critical Areas r r r afeas; and o L....,,leme„t the „1:,.:es eF the Swe Efiy:re.,.,..e«t..1 Uel:ey n e. G6Aprehensive Plan.. r over-lay erlay zoneregulations, KGG 1 G 08.224(D), b the C .,.lle :«., , er-ds, .,,..♦er , ein p!aEe of r them, shall take pr-eeedenee ever- other eenflieting defiflitiens existin else,,.here iii this ee.le shall h the Fe ll ,..ig ...,:«., , ands e have e n f„e b '6. ie/e s4 means ..h h., .l f r (4) year- .le h:.,1.,.,:--..1 e e e �e J e or- univer-sity, or a per-sen who has equivalent educational bandwhe has ebiologist. Bm)yep, meams the zone eenttpeus te a sensitive area that is requifed for the eentinued maintenance, PdnEEi91i, andlefstmetlaal-stabmiTof the seRs,iitiye-area.-vBuffef width depending,vafy on the r-elative quality and being ef the area er-itieal funetteas ef 4he ripafian buffer (these asseetated with an aquatie System) ,,.,l.,.ie ..1,.,. img put o f a debris and a se.i.,.,e„ s Uptake of ,.,.tr:e,.r.. , , , events, r habitat, ar-eefnnds_ vafiation e€ aquatie system he..,..ler:es evef time due .e develepment ��ieh establishes a definite point beyend whieh elear-ifig, trimming Or. BuiWing set area fneans a defined width ef land between a sensitive area buffer- and 100 Critical Areas , 1 F b t t ' f fill, e..ha.,ays el.stf„et:af.s ,ff and a L..,:I din,. ' 93undatiens sha4l net extend. f in der- t 't' t at quality, e e �lee.i:....o.__ dFai+aJ..e edimentat:,... b pr-eblefns f Tl t the .l' t C the e:t. eC Ken! ..ln fig .lel aAmeR4 of T htsA+ means �• r a b i Tl t at.e .tehes. e .-nals steate a ,.-f . , ,•ee ate eenyeyanee channels � 1- o .., .l er- etnef efrtifel-} aftifietal-wa4ereetffses net utilized by—selmenids. D tehes de fiat Ii f:er-etite- flews Rd Ae ele e..te ef ubl. A,er4ES Cae,l.t,e but :•h:el a flaws Ffem "J "IIII TIIO Irk Z1 V1II established er-eeks- I &ihaiieement 'I atlandfe ether- sensitive . I � Large I.. eateeb ..means lager- 1. esteek s ,eh as ..eat and da,f ea*tle> othef bovines, llamas, and her-ses. marginLine ef mean high isw�� means the l a4 this level, ileeatien ffem year- te year-, the line ef fnean high water- is the same as the line ef i 7...este„L means animals of a.,y land kept a faised Fe..„sea ..leas,.f:e i feet :: height and that live t. , t l t te. •t all. height J ...$cvcictiaia:vc-PvSnzrv�cif a<cP-vr'ceizc�" ' around it. T . esteel. C.,e:.,e :..eludes eleetne F.fees with at least t..,e (2) .. .•allel eleet...vall.. 101 Critical Areas i i 1. d ' • •\ ..Fetir- /Atr 1 nd aFbed e fenees, and ethe standa rd ..te..L fe eeFmaefi use r r r implementation,magRitude of the aetiea and its > takingffifmative ' r > area;ffeeted sensitive a r > pr-akiding sensitive ' r measures. r I a > elementsafeasassesing, i a a tinder-standingand doeuffientingehanges r 1 eees),stefns d Fer,,.es d ..t�,der gathering 1...�el...e Bete .. , h lth sae. ty a , .and e ' r , r rpur-ple leesestfife and ether-highly invasive and undesif-able plants. r Xq.*ieus weed Means any plant m,hieh when established is highly dest-.-.:..,-, list F nexieus weeds by the state noxiousweed,.e tfol beard 102 Critical Areas 1 Or-&fia?y high water mark means the faafk that will usua4ly be figtmd by +I-e Iwaters are se eemmen and usual;and long ef mean high water- sha4l substittAe. In any area where neitheF ean be found, the top e 1the ehannel barAE shall be substituted. In bFaided ehannels and alluvial fans, the efdinafy high water-fnafk er substitute shall be measufed as te inelade the eiAife stfeam thur, + + 1 d' a but not 1: :ted to niup ir..1 ek, en'.,1 d:..triet..r� 1and !sea! sefviee distfiets, any ageney ef the state, the United States or-state thefeef-, ef Salpnomtd means-a fnefnbefe€the fish family Salmediae, in King, Count,. sa1.,,,,.,.d speeies—inelude the Chinook,Gehe, ehum, sockeye and PirJc salmon, _uttl eat _ e anee a . r-aiahew, hr-own t«,..,t «.d ..t..elh e..d Dell. 37..«d e«, h«�...1- +«..,,t char-, _L-..1,..„ee ..d white fish. e* ,t.. eiff tow et ««. separate tr- y+ct th eeted to „teet sensitive e and :t.. buffer- and „h„ e e «h, t« «F ed to the :ty e f Kent ether ., , zr upYfe':eza ' f',. ,t„w amas means any of the e ift the e:t, .,hieh are „h:eet toflatu«el ail hazards,efmvse land €e 4ur-ces whieh suppef4 unique, fragile,, or- valuable natural re..e.,....e.. eluding fishes, ,:1d1:C and ethe efganisms .,d the habitat and eh r-eseurees whieh, in t eir natural state earfy, holdor- r-if . ...ter. Sensitive areas landslide hazaFd areas, setsinie hai�afd af:eas, steep slepe hazard areas, wetlands, floodinelude the fellewing landfeFm f�atures. eFesten hazard areas, eeal mine hazard areas, hazaFd aFeas, and the b pfeteeti%,e buffers to F@Ieet !he he , 1safety and welfue. 103 Critical Areas t SmoU r., .tee- fneans r, t ..t.. > - � enenv_ eh _pigs, ,t.' sheep, • t deed eha<xnel or-bed. A de€fed ehame! o-oed is an afea whieh demenstftes elee� j idl the f aer- .,..,7 ; .,1„A en h„t et 1;.,,;te.l ♦e e.lr-e„k ehanneln e . enee e e passage e w > h > 1 h d .7 .1 .l d .1 7 .1 nit,e« t , Sa'r'ecx�ecT Sai:a aixa s�1t begs-a�x�-Qe��e� elta�el s��a=es. �zef-2rxmvir�S�3vx e e but HS inelude-efeelEs, sleeghs, and riTeFs. The-slafmel--or- oed-sus#eam doe -#>;ave-to «taim . ..,te« all year- le«., C r- the .. arh to he a sider-ed ., stfeam Steams are F,,,ehe� , a. Qas�y 1 .....,.,.ms meafis these streams inventeried as "sher-el:..es of the , state" under- the City of Kent-S efeline Master Pr-eg-afn; Ch. 1-x�-11."4tEG, pufsHant te b. r'1,..... 2 ,a..,..ms means these nt.eams smaller than elass 1 streams ther , or these streams tha4 are used by t C. / 1ass ] ..t. ,.. .. f s these streams that . intefmittent . phe,.,e el wher-e the Mange i v ef > eehannel, changes te slepe of less than fifteen (15) pereent; this is estially a line easily seen while ebsen,in the bank"@r-sleper. t Variamee to smmm buffer standards means an adjostment in the appheaben ef these t hefty is ether-rise-depiived of all reasonable use of the pr-epei4 . " Yarianee to str-eafn buffer- ngulatieffi shall net be used to eenvey special privileges net ep�eyed by 104 Critical Areas ' t th pr-epeft' .. : the n .i nM :t,.and ^ ,,,a hieh are_sulaiect_fo the same ,.t..«.1uds d tFi t' A to str bafY egulnt,efts must _le_e„theiized in a I t V t t' ..A all 1 t 1'F e _nt bele _ :beye__the_seil resccc�ssmi—nxcirrs" e��xrc7ixmit—cixc y..�'.::b ...� .:� .. s,, a. (4..e,....., buffer widA5 (1) All bufiA fs shall he m fed F e„.. the erdinar- , high . .ate rimark ., „1e.,t;f:e,d i.. the field a ,L that.. et he detefmine.l f oR the te„ eFthe bank xsuzc-uo cBvaiszarc. �f � as i to ; el,..le the ,.,,t.f:e stfe..,,, F..tur-e I (2) The F lle., : .. h„CF r.- .. ..h e,ae of the e.,d..,..r.. i,,..h ..,remark are minimum requtfzementR II /.l Class 1 st.eams e M,,,,d,.ed (1 00) feet buffer {ii}Eless 2 streams used by sahmenids one iundr-ed(100) feet buff-er ' (iii)Class 2 streams fifty (3^ feet buffer, (i> ) Class 3 streams Ewctyfive ("'c'� er, (%q Ditehes ten (10) feet h„Ffe. h hi (v11 Whe::he er-di.. fy g water- . ark, of 'th , � "'J " " cuaJ stream twenty five (25) feet of the tee e f sle.,es .. eatef to [than] or- equal than ft„l rift,.__ (Is) 1 , 105 Critical Areas (a) \Where the her:-.e«tal leng4h of the sle«e illsly.d:as all ' t abef efi (2) Twenty five (75) feet he.,end the top of the slepethe minimum buffer- fer-that stTemn elass, the buffer- shall extend te a point 4r..- (25) Feet be «d the fninimum buffer-4fr that stream..lens_ (. :) A« stye adjoined by fiparian wetland or- ether_ad:aeent sensitive area shall have the buffer- ...h:eh applies to the wetland a ethersons ad:eee.,t :ti. a unless the stye h.,fC e ntn are fner-e expansive. , (viii) ", stfeam r-ester-ed, r-eleeated,-eplaeed—o1—enha beeause of alterations should have at leas! the fninimum buffer- r-equired for the elass of strea.., : .elyed , l (3) The dir-eeteF may authorize buffer- averaging, espeetally ' ' that the te area en site eentained in the bUffeF r-emains the same ef Wger- after-avefaging. ' i based on the best :l..l.le past and present inn ..«.,tien ...,the.ed by the agents, and ether- entities :with jur-sd:et:..n .. e*pert: slat:«g is alm :d pfesenee ahs a dur-ing .1.0 stages. (5) Qtre huff shall be aaaged_mac native e ••tvei izva. afeas d shall ll t f r enaHeemen plant ing lti ..e«era ..re....a.« undisturbed .ae« ....rareeta b. Adaitien l buffer- requimments for steams. The planning , The add:tie«al buffer-widths and ether.:ssues shall be detesm:ned by e,-;ter:., set f,4h in 106 Critical Areas ' 1 1 , eF management of hazafdotis wastes, er-itieal fish and wildlife habita, and the leeatie 6 Sensitive afeati tFae4s shall be used♦ Yre♦ee♦ all ' streams A 1. FF er- dj ♦♦ Y Ye r eels C ..F Aeei..,..,, ♦ .eh a subdivisions eenffner-eia1 .l 1 ♦> binding site plans eF all kinds .7� ha4l be r-eeer-ded a ..1eithef be deeded er- dedieia4ed to the benefit ef the eity. The width ef 4he sensitive area ♦ ♦ shall .l .l ♦l,a e..e el.. .F:ee,. and buffer- n r e =u buildingstreams, steep slepes adjaeent to str-eams, wetiands adjaeent te streams, and required- buffers in develepment pfepesals for- , binding site plans and gFadtHg pefmits 'eke—seroaek area_shall be ide.,..cea en feeefEled site plan ef in r-eeefded deetiffients filed as a r-equirement of this sectieli II U 1 a,. r. in this see♦.e mintmum building se,l..,ek 1,«.., Of r.F,ee., I r� ,l b e ' approvedmitiggatten plans, and may be allewed efily if the), meet the. ' �ef�Ft3fei�t2`fi�5: a ll b stimmer- low unless no other possible er 107 Critical Areas 1 s depth of feur(4) feet below the ma*finum pFejeeted depth of seeuf fer-the base fle-ed -as nttcn—Rcrrci tne rcffer , rvirthc State�Dep aft next oF Fish and A41aciF@ Fef .,11 .. tr-eam h FF 1y r..eii ..de.. administrative t.e eF .le and..• au raant to the f .:.lle.. ..�e , r r I (•) T '1 fCaces shall et he impenious_ .ter-auaaf a:eeYt that . )usrb. multipurpose1 .e til.. e !`..like 4he Qeec eel, Tf...1 me/.. ..he lle...ed if the.. t It theme t l..di.. I iil�.cc"QITVCIICI-1 GglI2iGTilciI[j iiac.ww...b ..w.v. quality; and (•') A%er-e 4 ..il.. are pFe ..ded h..Ff r-e shall_l+e a paraded ...her-e 1P" , (3) n t t•e eF utilities ..hell he peffniaed in emaa vuaau t 1 t•ens y e ell be tiding mitietie.. . .idea fe ..11 imp ..,.t.. r~ .a they fneet all and are appr-eved by all ageneies with jUfisdi6tiffli. Fer-any f f the applieant must demenstri4e, qualified hiele..istf ..tht. 108 Critical Areas ' be maintained. (i) The equivalent base flood ster-age volume and fmetiefi wil tom` There mill he;..tertian;.. tFMSfeF of water, (iv)Perfimmmee standafds as set eut in the mitigaiien plan are 1 (..) The r-eleeat.e.. n ..F.ms to ether- a ..l.aable laws l...l A11 A,e«k will be na..-;eA e.,t under- the ,1;.ent s,,..e.n,;s;,.., of.. qualified biologist. 4. Livesteek rem-tetrerls adjaeent to str-esrns anditetas The f 11e, H+., stand"ds apply te all pafeels with streams flowing, thfetigh a 1 a. aktmm,..M 1,..na,eel. aans.,.na (1) A maximufn of s .. (6) jar..e l...estenl. per the oF a equivalent of six (6) la a 1; steel.per gfess aefe, as defineddefine in ,tin et. (D)(2)(2) 1\V lafge livesteek shall be tied en any let smaller- thou. Owe, t) thousand (20,000) square rw et 1. area, iccit that the-Pvrt.vr of the let used-fry z ' ee..r..,eme„t maybe lens than twenty the,.na..d (20,000) feet, �rV111111V11SVill p1�lQlrlllR n nee rreuadinb that the pei4ion of the let ,1 F C. t is tti ...... ..... ,. the avl iu'.n�c�xoi—CvirrrFrcrcicnt�i—siuims-ixrcecsv—tixc r .......�;:s ::•:afm management standards sent: of the regulations. b. Fa"i momagemew Standard, n_,...e..t.. , e with 1 livaat n1 on l W 1..„ adj nt to, e ...«ta s4fe nt shall meet the f 1 109 Critical Areas (1) bi es4eek we4e1, wedand and st.eam nide. e t r,..esteev a s to all streams wetlands, and their-h..fYe_. option shalt be a demest:e .ate , f treef maeff eelleetion &ysiem, r,.p«p«1t,.ffe„,._the stfeam a that 1: are to steal et required t me at.. E.r-their- ate Suppbr. , l:::\ 7 : esteek a s to all stfeams and their- h..f4er-a shall he length of the ..t..va..,,. l.,.\ T : esteek eressinggs of streams shall he 1:,...ted to a single ' peint fie wider-than twen4y five (25) feet. i !..\T : eareek watefina points shall he designed . .eh ., ffianne s to fnimmize adver-se impaets ♦e the stream l..:\ n.-:d.,aes designed ♦e a11ew Fee flow of fleed warefs fn .he used :n lie,, of st..ea.n .. pf ,. e i :dd that «teen and ahtflents shall «e♦ he matted > .. ..:thin the eed:nary high water-mark ee_ten eF barb_wh:aheyer-is eeatee_ , l..::\ !-regain.s e f wetlands and the:.h..FfeFs . not peen:tied T . e.. P[;7 1 ieek C nein.. shall . .we be d to establish and maintain all h.� , (4) Existing gr-azing and eenfinement areas shall maintain F ed vegetative buffer ffer of ar least AA. (50) feet ffean), nat...all.. eeewFing pond, 110 Critical Areas � a Exis"g gazing . .a e..f.ement aFeas . ,:el t/ fninimum sAidth f cao e 1 .fs-r�s�ea � dis ,hapte shall vbmodified as neeessmy to "iff-e t ff et:..e date of«1.:.. sect:... Forested ! a,, be: .aee..ea c r- gr-azing areas, and new 1. 11 1 •tl, the sensitive l.area etenl fer-elass 1 elass 7 a class 2 t b and wetlands. J ' )(v The gazing .. buffef faf ,.lass 1 and ..1....s 2 salmonids may be redueed to fifty (59) feet where a fifty (50) feet width ef e usea 1 forested lands are l..e.«g eie r-ea F. `l+1County' �Y"SI b .7 ' ' requirements v s�3ee3-�:ed ^1.,. �l...11 be deemed t,. be .1. t� !lie .,.� „F t1�• e, �:�gin,�,...,.,L., � seetten: ' that i1 streams or etl.. a,. adjacent to the p ..e..t., line ...eet the fainimum buffer- established !. :..\Rdanure ..te.•eee areas sh.,11 be managed as elle.. s mamur-e stoelEptled within Pove hundr-ed (200) feet uphill fFefn an), elass 1 _1 I stFeamewetland, shall be eevefed in a mannef that excludes pr-eeipitation and allow ' b ) lagoon, or- held for- piel(up in a eovefed f ' er-ether- f1V111t y VesLb1La t�v11t Ie QyI 6te Zffe a , .:. an),str-eains ar-wetlands. 111 Critical Areas r (e) Nian.ae uheaa he uteaed in u aevetivi that 'd h a r (d) Mawme piles shall net be any eleser- than fifty(50) aphill &efa any wetland f the h watef mark f within any stFeam buff-en eff (e\ A.fanur-e ehaR fist be spread en 4ozef. a et..r-eted fields 1 Cj'7 ificuirnz. (f) M anwe shall fist he...led . .:tMa any..t.-eafn bu r 1 set the f:.nn management standards_ef this eet:eft within five (5) yeafs of the eff-eetive date ef this seetion, exeept that existing buildings are eiieffipt &em this r f within five (5) yeafs ffem the effeetive date of this seetten adopting these a r stfea.f, h..f- r-eg.,lat;ef.s f, sided that the e nt:en is eens:..tent with the ., fa1 1 .areas reasonable use ememptien shall be filed Aith the r planning, plafw�ag dir-eeter-shall issue a final deeisieii pursuant to the pr-evisiefis ef this .r-ease 1 a. Criteria The planning dir-eete an exemptien ..stile of ... f.fins..st dete that.(1) Applieatien ef these str-eam buffer- r-egulatiens weuld deny all (2) TheFe is not ether a ..able ase with lees impaet en the r semitive area; and i 1 112 Critical Areas i (3) The d de el. ent de t pose an uweasenable afid (4) Any alte..etiens n .•...itted to these sensitive areas shall he the (5) An. __fh__•_ed alte atie of a sensitive-a>e.a «d.._"s see-tie shall be h•e t to ndi fie established by the d: eter-, and shall e,,,,ir-e it; „t; « 6. Pubhe wep,As. The annlieatien of thew stfeam h,.ffe>_fegulations shall ..t «-eh.hit «..hl.e . er-Ls , .:thin n ad.aeent to sensitive areas if the planning dir-ec_ter ur dete.m•nes that them annl:eat.en would «.eh.h,♦ a deyelepment by e publie aaaeney e 1 l difeetef m gfan4 a exemption hese.l on the f llowingg a fitena- a. a li �j There . no reaso,able altemat., e to the « e.l development wit!, ' less et on the sensitive a n',l ' 1 the t t...e d the �. '�he�fvpv�m-mirri-iic'r'ccS-crr�nip&Ei�ix Scnri'�xvti—scfcas-mia-za�c nheant pr-oy..les fester-atieft'enhaneement of any a«.l all .listnrhed n Lir/t./L11t111 L�J1 V YZ{LVT{VJT Vl LL this Sees Greet_ DA_n Stream Buffer overlay zone together .. _th other-buff-_ v. --4hw-1 r tat, n the Vent !a t , Cede,them err t . .l at.s, shall apply. V ruw�wV V.iu .�1 .aiv llV�t4 V: l� VV V; ll1V 11.VlV 1VJ111V 11Tf..-1 V�1ili{LLV11 J11LL1� 8. f 6i'EEi'1PE��tii�ii�41E�• �'2�R tB��4 The eit.?s ._lafh-4ng direeet,... is au the..:..,..� and-d:feetea to efifef V all of the previsions of these stfei#n buffer- fegulativns. The planning dir-eetef shall also have the power- te fendef inter-pr-etatiefis and to adopt fules and-Reg-0-stiens €ef these nda_ds in e_de. to cl fir, the appifeatien f these ens. The a eand feguja4iens, , shall e ; nF..Hanes with the intent and purpose of these et-eam h,.fr_ ..tend.._.,and shall be in 113 Critical Areas 9. Amendmentef apPendiees The eity e .l...,ning difeeteris e==flye zed toand the pufpese of these stFeam buffer-Fegulatiens. 1 r l r D l 4 .within nt five (75) to hundred- fifty GP1'TlTlT1T[1'St'arCLTT�t=rb-lVp[I7i.Tli�T�GT�.Z]C�ZI`l'S �.✓J v be peFmitted under- the existing O 2. Sevem-13az'ar4-areas. ,_d___afy ===s==- ♦ mar1 eF J eJ l. is required.e hmpenwus ffaeec-mail be allewe- fnaxiffmm .l F t ♦. (2Q) a pA ele er- to the r-dinary high water aaawA e .. vaF u I t efeek, if shading vegetatien is present! leeated. t 1 1 lt:xcepzlons I Exccpzlons,+' Reridembal I Industrial q ( example example er r-mve.LF>C'..;apa re arIsra 15044(back too' ] >tra�aesk 1 1 r,an:r;.lcw 1 � ! fxle 3 An r.,...,._a afvas. The pla..n:.....l:reeter-shall have the ....A,er-4 J. WaM,e speei ie aer- ..ntimpose aa•+' -;r ale ents ...,:y., el , � am ,.=.= ..� .,. �Y..� 114 Critical Areas eifeumstanees to enswe the fulfillment ef 4he stated .,,.se ef this ehap 4e development plan. E*aWles of Y •g a. PresenFafiea Funique iWif habitat. h D ti C fial -el e-ne♦ve e . � Uf�qu"4e-ii�, ' my bfidgerO a aMing SECTION 9. - Amendment Section 15.08.260 of the Kent City Code, entitle "Green River Corridor special interest district regulations," is amended to read a ' follows: i Sec. 15.08.260. Green River Corridor special interest district regulations. A. Purpose. The Green River Corridor special interest district is hereby created to protect, conserve, and manage areas generally located on both sides of the Green River, and to ensure that urban development within the district is compatible with the open natural configuration of the Green River and its adjacent lands. B. Location. 1. The Green River Corridor special interest district is that area of the city one thousand (1,000) feet from the ordinary high-water line of the Green River; provided that the shoreline master program shall govern development within the first ' two hundred (200)feet of the ordinary high-water line of the river. The district is more particularly described as follows: ' 115 Critical Areas Two (2) strips of land each eight hundred (800) feet in width which begin at the north city limit line, on March 4, 1985, and end at the south city limit line, which south line ends in Section 30, Township 22 North, Range 5 East, W.M. Each strip shall be ' measured from each side of the Green River and the measurement shall be two hundred (200) feet from the ordinary high-water line of the river, all in King County, Washington; except any portions thereof lying outside of the city limits. This distr-iet shall alse inelade unique and fr-agile areas beyead the ene thousand Fa4ed in this seetien. 2. Property exemption. Property platted in accordance with the city subdivision code, Ordinance No. 1840, before March 2, 1981 (adoption of the Valley i Studies), shall be exempt from the provisions of this section. r vque c . 1 e e..l 1 0-e. ed There hem .i The z. crcuscu azr�zo-r8-noie�TE�e&te� 2--1�3i�ke�3�fr$�1}e�Yerl$7-ierle--z-ric leeatio , and he,,..dar-ie" of the zone, o be knewn as unique nd fragile " eass t c> l 1, 2. Purpe5e. The pt"ase of the ever-leky zone is to impiment the adopted pelieie" of the Valley SWdie"Dreg. m. 3. el""" Te .,shalt be lifer ted to ultufA uses efm tte.l i the A 10 (agt.,e,.lf"1) , e"> zene, as "et e..t i vCC- 1 e 03 n1 n h b4iique n,7 IL,. .le ele W. Uniqueand fiagile aivas, el" TT ffinge areas. Thffe shall be no dismptien or- destfuefien ef areas identified as Haiqo-e and agile aa""f ele"" TT except new dikes and levees .. nst fueted f- ..ub'ie " C" w aux��ab 116 Critical Areas Feasens. Such impr-evements shall be designed se as net te intfude widiin unique and hundred (100) feet buffer- shaU be pFe%ided between the elass H afea and the allewe use. ' CD. Development standards. 1. Green River access. No building or lot within the district shall b constructed or created without providing access to the Green River via public sidewalk ' or a private trail system. Such sidewalks or private trail systems shall connect t riverside public trails or scenic drives at intervals of one thousand (1,000) feet or less i ' industrial developments, and intervals of five hundred (500) feet or less in residential developments. ' 2. Pedestrian access in residential development. In residential ' developments, pedestrian access to the Green River shall be accomplished without crossing streets or roads, except scenic and recreational roads, unless clearly shown to be infeasible. 3 Parking facilities Parking facilities for access to the Green River shall be located as near as practicable to nverfront parks or historic sites and shall b clustered in lots not exceeding thirty (30) cars Every public parking area shall b ' visible from a street accessible to the public and be situated so that the public can clearly see riverfront open space and gain access to the public portion of that open space. 4. Payment to lieu of parking facilities. The city may accept or require payment in lieu of providing parking facilities which are required as a condition of the issuance of development permits. 1 5. Loading dock location. Loading docks shall not be constructed on river facing sides of buildings unless a minimum fifty (50) foot buffer of native vegetation i provided to screen the loading docks from the shoreline, unless otherwise required b the Kent shoreline master program. Other design and landscaping requirements may b 117 Critical Areas imposed by the planning manager to meet the purpose of the Green River corridor special interest district. 6. Building height. Buildings located outside the two hundred (200) foot shoreline management zone but within the district shall not exceed thirty-five(35) feet in height. 7. Exterior walls of buildings. No building on any riverfront lot shall have an exterior wall parallel to, or within forty-five (45) degrees of parallel to, the river which exceeds two hundred (200) feet in length, except as follows: buildings on , riverfront lots in the MA, M1, MI-C, M2, and M3 zoning districts may have exterior walls parallel to, or within forty-five (45) degrees of parallel to, the river which exceed ' two hundred (200) feet in length, provided they are screened by a vegetative buffer per KCC 15.08 260(fD)(9)(c). , 8. Lots. , i a. Each riverfront lot within a subdivision shall contain area sufficient ' 1 to comply with minimum lot size requirements of Ch. 15.04 KCC and provide a public access easement and building setback line as required by this section. ' b. No subdivision of professional and office (0), general commercial (GC), industrial agricultural (MA), industrial park (M1), and limited industrial (M2) , zoned land shall be approved unless each lot within the subdivision has an upland boundary at least five hundred (500) feet from the ordinary high-water line of the river. ' 9. Vegetation buffer. a. A permanent vegetation buffer, in accordance with KCC 15.07.050(C) pertaining to landscaping type III, shall be maintained or established for each building or use within the district. Any materials storage yard, truck maneuvering ' area, equipment parking area,junkyard, refuse storage, or similar use within the district shall install such a permanent vegetative buffer between the use and the Green River 118 Critical Areas ' t within two (2) years of the effective date of the ordinance from which this section is derived. ' b. Landscape screening and buffer strips shall be planted in order to be harmonious with those already planted on adjacent properties and consistent with the city landscaping requirements as set out in Ch. 15.07 KCC. ' c. Buildings on riverfront lots in industrial zoning districts which have exterior walls exceeding two hundred (200) feet in length parallel to, or within forty- five (45) degrees of parallel to, the river, must be screened by a vegetation buffer. This vegetative buffer shall be located along the length of the property line located parallel ' to, or within forty-five (45) degrees of parallel to, the river, for a minimum depth o twenty(20) feet in accordance with type III, visual buffer landscape standards pursuant to KCC 15.07.050(C). In addition, an earth berm of a minimum of forty-eight (48) inches in height must be provided for. 10 Rail lines No rail lines shall be permitted within five hundred (500) feet of the Green River, provided, however, rail lines shall be permitted to within three hundred (300) feet of the Green River in those locations specified on Exhibit B attached ' to the ordinance from which this section is derived and by this reference incorporated in this section, such locations having been found to be best suited to rail. 11. Road access. All new lots and buildings shall be designed with primary ' street access to streets other than scenic and recreational roads, unless no other access is available. 12. Street connections Development shall include no street connections to scenic and recreational roads, unless no other access is available. 13. Utilities. Utilities shall be installed in accordance with Ch. 7.10 KCC. ' 14. Surface drainage facilities. Surface drainage facilities such as drainage channels and retention areas shall be designed to applicable city standards and shall be 1 119 Critical Areas integral parts, if possible, of any common trail and open space system connections to ' the riverfront. DE. Per standards. ' 1. Fish and game requirements. The applicant shall comply with ' applicable requirements of the State Department of Fisheries and State Department o Game for preventing and mitigating adverse impacts on fish and wildlife resources and enhancing wildlife habitat. 2. Flood control works. If city funds are used in the construction of flood , control works such as dikes, levees, or floodwalls, public rights of access to such works , shall be dedicated prior to construction,where practicable. SECTION 10. — Savings. The existing chapters and sections of the Kent Cit Code, which are repealed and amended by this ordinance, shall remain in full force an ' effect until the effective date of this ordinance. SECTION 11. — Severability If any one or more section, subsections, o sentences of this ordinance are held to be unconstitutional or invalid, such decision shal , not affect the validity of the remaining portion of this ordinance and the same shal remain in full force and effect. , SECTION 12. —Effective Date This ordinance shall take effect and be in force , thirty(30)days from and after its passage as provided by law. JIM WHITE, MAYOR 120 Critical Areas 1 ATTEST: i BRENDA JACOBER,CITY CLERK APPROVED AS TO FORM: iTOM BRUBAKER, CITY ATTORNEY PASSED- day of 2004. APPROVED: day of , 2004 iPUBLISHED: day of , 2004 i 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 iCity of Kent as hereon indicated. i (SEAL BRENDA JACOBER, CITY CLERK P\CmRFlLESSopmFda\06170afiOrdiw eO92904 dx i121 Critical Areas 1 1 I 1 1 1 i t 1 1 1 PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES OCTOBER 4, 2004 COMMITTEE MEMBERS: Chair Tim Clark, Ron Harmon, Bruce White The special meeting was called to order by Chair Clark at 4:00 P.M Approval of Minutes Member White Moved and Member Harmon seconded a motion to approve the minutes of the September 20, 2004 meeting Motion Carried 3 to 0. #ZCA-20024 Critical Areas Ordinance Update Planner Kim Marousek described the proposed updates to the Critical Areas regulations. She stated that the Growth Management Act (GMA) mandates that Kent along with other jurisdictions update their Comprehensive Plans and Development Regulations. Ms. Marousek stated that the Critical Areas Regulations govern and protect the functions and values of wetlands, fish and wildlife conservation areas, geologic hazard areas, critical aquifer recharge areas and frequently flooded areas; and preserve and enhance our natural resources She stated that staff has developed Critical Areas policies and regulations based on (BAS) Best Available Science as mandated by the passage of a State law around 1995. Ms. Marousek stated that this update is to be completed by December 1, 2004. Ms. Marousek stated that Kent has hired consultants- Adolphson and Associates to analysis wetlands, Geo-Engmeers to analysis Kent's geologic hazard areas, Huckle, Weinman and Associates along with MCS Environmental to evaluate Kent's fish and wildlife habitat conservation areas She stated that City staff completed a BAS analysis for critical aquifer recharge areas and frequently flooded areas. Ms. Marousek referred to the draft ordinance to describe the buffers staff has recommended along with the mitigation and protection measures that have been incorporated. Ms Marousek defined the 3-tiered wetland categorization system that staff proposes retaining and described critical areas for the Committee's benefit She stated that staff proposes increasing existing buffer widths by 25 feet for each category based on recommendations from the BAS study Ms Marousek described the new code section concerning "wildlife habitat areas" and how regulations would be applied. Ms. Marousek defined Hazard Area Regulations stating that they exist in the Kent City Code She stated that the City's proposed regulations are based on the State's definition of geologic hazard areas,which are landslide, erosion, seismic and volcanic hazard areas Ms. Marousek stated that the proposed standard buffer area for landslide hazard areas is equal to the vertical height of the slope or fifty feet whichever would be greater; although, there is a provision within the code to reduce the buffer to a nummum of 25 feet based on an approved Geotechnical Report Ms. Marousek described the new Critical Aquifer Recharge Areas code section generally defined as wellhead protection areas and defined by a ten-year travel time. She defined specific uses that would be restricted or prohibited in these areas due to the potential to contaminate groundwater resources and that would require further analysis to determine if Best Management Practices were followed to protect groundwater resources Ms Marousek stated that KCC Section 14.09 pertains to frequently flooded areas. She stated that administrative clarifications have been made to this code section based on FEMA requirements. Ms. Marousek discussed the proposed streams regulations with the committee describing those areas as the East Hill or the Soos Creek area and the Valley Floor area consisting of Garrison, Mill and Spnngbrook Creeks Ms. Marousek stated that the city adopted the Soos Creek standards as the east hill area was at the time that area was annexed from King County. She stated that the valley creek areas were established in the 1980s and defined as major and minor creeks with much of the valley built out under those regulations with existing developments of 50 feet or less. Ms Marousek described the three-type stream system proposed and defined setbacks associated with each stream type. She defined the Valley Stream Overlay depicting for the Committee where existing fifty foot setbacks have been applied in the Valley and indicating how the area would look by applying 100 foot setbacks. Ms. Marousek stated that staff created a Valley Stream Overlay as part of the draft code, requiring a minimum fifty-foot vegetated setback to provide a higher function in a smaller area. Ms. Marousek stated that there are options to reduce buffers based on buffer averaging within the Stream, Wetland and Geologic Hazard sections of the code. Ms. Marousek stated that the Wetland and Frequently Flooded areas are in KCC Chapters 11.05 and 14.09 and administered by Public Works. She stated that the Streams and Geologic Hazard Areas are located in Kent's Zoning Code and administered by Planning Services. She stated that this proposal consolidates these code sections into one section with the exception of the Frequently Flooded areas section, which would remain in KCC 14 09 all to be administered by Public Works. Ms. Marousek described the various criteria and reasonable use exception options added to the code , and defined the new nonconforming use section Ms. Marousek responded to questions raised by the Committee concerning buffering associated with nonconforming uses, grandfathenng and setback standards related to new development and rebuilding of existing structures City Attorney Tom Brubaker in concurrence with Kim Marousek clanfied that under new provisions, property owners teammate their rights to retain a nonconforming status for damaged property if a one-year timeframe has expired, therefore would be required to remodel under any new setback standards. Ms. Marousek responded to questions raised by Member Clark concerning the application of specific buffering standards, indicating that staff considered BAS along with balancing GMA goals She stated that over the long term, for the city to implement environmental mitigation measures, plantings and habitat restoration, 100-foot buffers would be preferred ' Ms. Marousek responded to questions from Member White in regards to what areas of the city would be affected by these new regulations and how they would relate to existing development. Environmental Engineering Manager Ball Wolinski stated that City staff has characterized existing King County streams regulations and has worked with Council and other agencies to retain King County's protective standards of 100-foot buffers for salmonid streams at the time of annexation. He stated that the citizenry and development community are accustomed to working with those requirements. Public Works Wellhead Engineer Kelly Peterson addressed questions raised by Member Harmon in reference to wellhead protection. He described two types of wellhead protection areas defining the standards by which these areas are identified as; either "modeling" or a process defined as"(CFR) or Calculated Fixed Radius Method". In response to Member Harmon's concerns,Mr. Wolinski stated that staff believes the provisions in the ordinance are adequate for regulating appropriate uses within the wellhead protection areas and that the City works closely with other jurisdictions to ensure these wellhead areas are protected. Ms. Marousek responded to Member White's questions regarding the definition of ditches, stating that they are not regulated. She addressed Member White's concerns as to who would be required Planning&Economic Committee Meeting 1014/04 Page 2 of 3 to pay for studies to determine whether salmomd exists within the new wildlife conservation areas and defined ponds and how those ponds might be regulated for Member White's benefit. Member White voiced concerns that buildable land areas would be reduced by increasing wetland buffers and negates the purpose of the GMA in terms of creating denser development within the Urban Growth Boundary. He stated that he is sensitive to property rights issues regarding continued encroachment and taking of property questioning at what point the city runs afoul of the constitutional prohibition against Kent regulating properties without just compensation. Ms. Marousek stated that it is her understanding if the city denies all reasonable use of property through a regulatory action, it is considered a "taking" and Kent City Code provides a number of administrative means where someone could be flexible with this code. She stated that staff has included a reasonable use provision in this code to avoid any "Takings" issues. Ms Marousek addressed Buildable Lands capacity issues as raised by Member White. Wetland Biologist Ms. Teresa Vanderburg, Adolphson & Associates stated that wetlands inherently provide certain functions such as wildlife habitat and water quality improvement and values in flood storage and flood management. She stated that increasing Category 1 buffers from 100 to 125 feet might provide additional flood storage benefits and water quality preservation for down stream waters; specifically waters connected to streams or ultimately flow to streams Ms. Vanderburg stated that the purpose of buffers is to protect functions and values according to the requirement of GMA while balancing the ability to develop lands. She stated that if full protection were provided for wetlands than the science alone would indicate that we need larger buffers which are why the State's guidelines say that that buffers in excess of 200 to 300 feet should be provided for wetlands. Ms. Vanderburg stated that it is not particularly practical in an urban area or necessary when you have roads or infrastructure that already lies within that buffer Ms. Vanderburg responded to questions raised by Member White concerning setbacks and flood issues by stating that research derived from King County and the Puget Sound Storm Water Program indicated that wetlands receive a lot of storm water and storm water management is important in urban areas. She stated that part of the reason for a greater buffer is to protect this storm water capacity and water quality functions of wetlands which are degraded in Puget Sound because of urban development. Member White stated that various levels of mitigation are employed to different development projects questioning if alternatives were available to increase setbacks in terms of how the city currently instigates such development cases. Ms. Marousek stated that it is her believe that the city has adopted additional programs so that buffers do not need to be increased beyond the 25 feet ' Bill Wolinsks addressed Member Whites concerns with regard to the importance of adequate wetland buffers and storm water control issues Member Harmon MOVED to approve ZCA-2002-4 as recommended by the Land Use and Planning Board and forward the draft ordinance to City Council for consideration. Chair Clark seconded the Motion with Member White opposed. Motion Carried 2 to 1 1 Member Harmon encouraged staff to take a look at wetland banking as an option Chair Clark adjourned the meeting at 5 05 p.m. Pamela Mottram, Admin Secretary, Planning Services S TeMIAMUTIAMIng Commmee170041Mmuta 100404pcinm dm Planning&Economic Committee Meeting 10/4/04 Page 3 of 3 i Kent City Council Meeting Date November 16, 2004 Category Other Business 1. SUBJECT: STREAMLINED SALES TAX RESOLUTION 2. SUMMARY STATEMENT: This resolution directs staff to revisit the City's Comprehensive Plan to include a provision that, if the State Legislature passes the proposed Streamlined Sales Tax legislation, then the City will redesignate the portion of the Kent Valley designated under the Growth Management Act as "Regional Manufacturing/Industrial Center" to other appropriate land uses. 3. EXHIBITS: Resolution 4. RECOMMENDED BY: Planning & Economic Development Committee (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? _ Revenue? Currently in the Budget? Yes No If no: Unbudgeted Expense: Fund Amount $ Unbudgeted Revenue: Fund Amount $ 6. CITY COUNCIL ACTION-: PiJ410DYV Councilmember moves, Councilmember seconds to adopt Resolution No.L01 declaring an emergency to amend the Kent Comprehensive Plan and direct City staff to reconsider the City's designation as a Manufacturing/Industrial Center under the Growth Management Act should the State Legislature enact a proposed Sales Tax Streamlining amendment. DISCUSSION: ACTION: Council Agenda Item No. 7C i RESOLUTION NO. A RESOLUTION of the City Council of the City of Kent, Washington, declaring an emergency to pursue to a revision of the Kent Comprehensive Plan to ensure continuing compliance with RCW 36.70A by removing the City's designation as a Regional Manufacturing/Industrial Center under the Growth Management Act in the event that the state Legislature enacts a proposed "Sales Tax Streamlining" amendment that would reallocate sales tax sourcing rules in the State of Washington in a manner that dramatically and adversely affects the City of Kent's ability to adequately fund and support the capital infrastructure and services necessary for this Growth Management Act designation RECITALS A. Under the state Growth Management Act, the City of Kent's land use, transportation, and capital facilities element establishes the City of Kent and the Green River Valley as one of the few designated Regional Manufacturing/Industrial Growth Centers in Western Washington. B. The City's Comprehensive Plan Policies state that this Regional Manufacturing/Industrial Center is a key component of the regional economy. Our policies, which are consistent with the policies and goals of the state Growth Management Act (GMA), define these centers as areas with a significant amount of manufacturing, industrial, or other related employment (at least 10,000 employees). 1 Sales Tax Streamlining- Comprehensive Plan Amendment The City's North Valley Industrial Area is an extremely important part of both the City's and the region's economic and employment base, and 3.1 square miles of this industrial area has been designated as a Manufacturing/Industrial Center. C. The Puget Sound Regional Council (PSRC), in its 2020 Vision statement, which again is consistent with GMA requirements, states that "Manufacturing/Industrial Centers are major, existing regional employment areas of intensive, concentrated manufacturing and industrial land uses which cannot be easily mixed at higher densities with other uses." PSRC's Vision statement requires that, "to preserve land at these centers for manufacturing, industry and related uses, large retail uses or non-related offices are discouraged." Plus, the PRSC requires that cities with these centers provide the necessary infrastructure to support them: "Provision of adequate public facilities and services, including good access to the region's transportation system, is very important to the success of manufacturing/industrial centers." D. King County, in its Countywide Planning Policies, states: "Manufacturing/Industrial Employment Centers are key components of the regional economy. These areas are characterized by a significant amount of manufacturing, industrial, and advanced technology employment." The county makes special notation that these centers "differ from other employment areas, such as business/office parks, in that a land base and the segregation of major non-manufacturing uses are essential elements of their operation." E. Kent must provide the complex infrastructure to support these centers. The county's Land Use Planning Policy LU-54 directs cities with these centers to "design access to the Regional Manufacturing/Industrial Centers to facilitate the mobility of employees by transit, and the mobility of goods by truck, rail or waterway 2 Sales Tax Streamlining- Comprehensive Plan Amendment as appropriate." Regional comprehensive plans shall include strategies to provide capital improvement projects which support access for movement of goods." F. Prior to the enactment of the GMA and in the nearly fifteen (15) year time period that the Act has been in effect, the City has developed transportation, utility, land use, and other capital facilities, at a cost in excess of one hundred million dollars. G. These capital infrastructure improvements have successfully supported the growth and success of these warehouse, manufacturing, and distribution businesses which serve the Ports of Seattle and Tacoma, the greater Seattle region, and the State 1 of Washington in general. These businesses, which are particular to the City of Kent and which the City has encouraged at the expense of encouraging other types of retail i and office businesses, generate sales tax revenue that the City has, in turn, applied to 1 support the infrastructure necessary to keep this manufacturing, warehouse, and 1 distribution economy vibrant and healthy. Moreover, Kent will have to spend millions more to improve, operate, and maintain this infrastructure. H Currently, the City projects that its sales tax revenue will represent jnearly one-fourth of the City's General Fund revenues for the 2005 fiscal year. The City relies upon a portion of this revenue, together with its other revenue sources, to maintain, repair, operate, and improve the entire infrastructure that supports this vital economic engine in south Puget Sound. I. Current proposals that may be placed before the state Legislature in 2005 may radically alter sales tax sourcing rules in the State of Washington. Should the state Legislature enact destination based sales tax sourcing, commonly referred to ias "Streamlined Sales Tax," impacts to the City's revenue stream, and its concurrent ability to support the manufacturing, warehousing, and distribution businesses in the City, would be dramatically reduced Current sales tax reallocation proposals under 3 Sales Tax Streamlining- Comprehensive Plan Amendment i discussion, according to state Department of Revenue forecasts, would reduce the City's sales tax revenue by $3.3 million per year. Without this revenue, the City will no longer be able to adequately fund its infrastructure needs or to appropriately provide the land use and transportation services needed to continue to support this business sector, which the City has endeavored to support for nearly three decades. As an example, the City has constructed a number of much needed cross-valley road corridors: i • 277`h Street Phase I Corridor Project at an approximate cost of ■ $32 million. • Partnered with City of Auburn to construct 277`h Phase II Corridor Project at an approximate cost of$32 million. • 196`h Street Corridor Project at an approximate cost of $52 million. • 228`h Street Corridor Project at an approximate cost of $30 million. , Each of these projects, together with many other City infrastructure improvements, directly support and serve the City's Manufacturing/Industrial Center. J. If the state Legislature enacts sales tax sourcing legislation that has the dramatic and detrimental effect projected by the Department of Revenue to the City of Kent, the City Council will need to reconsider whether it can afford to continue to support this business sector Land use changes may be required, and the City may be forced to eliminate its designation as a Regional Manufacturing/Industrial Center under the GMA. K. As a result, it is both necessary and appropriate that this Council, as the steward of taxpayer funds for the City of Kent, declare that, pursuant to Kent City , Code section 12.02.010, an emergency of community-wide significance exists. Accordingly, and in order to continue to promote the public health, safety, and general welfare of the citizens of Kent, this Council directs staff to prepare and consider a Comprehensive Plan amendment, pursuant to the GMA, to remove the City's 4 Sales Tax Streamlining- Comprehensive Plan Amendment i designation as a Regional Manufacturing/Industrial Growth Center under the GMA ' and to begin necessary review to redesignate land uses in the Green River Valley consistent with an adjusted land use vision that appropriately responds to the revenues generated from the amended sales tax sourcing legislation, should the state Legislature enact legislation similar to the proposed"Streamlined Sales Tax" measure. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: RESOLUTION SECTION 1. — Recitals IncorRorated The foregoing recitals are incorporated into this resolution. iSECTION 2. —Comprehensive Plan Amendment Because of the dramatic and imminent threat to the City's sales tax revenue and its concurrent impact on the City's ability to support its Regional Manufacturing/Industrial Growth Center's economy, the City Council finds that an emergency exists. Further, in order to preserve and promote Ithe public health, safety, and welfare, the City Council directs staff to begin the process to amend the City's Comprehensive Plan to provide that, if the Legislature redistributes sales tax sourcing in a manner that negatively impacts the City's sales tax revenue stream, the City must in that event withdraw its designation as a Regional Manufacturing/Industrial Center under the GMA and, concurrent with that withdrawal, commence a process to revisit and redesignate land uses and the long term land use and capital needs plan in the Green River Valley in the City of Kent. SECTION 3. — Severabclity 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. 5 Sales Tax Streamlining- Comprehensive Plan Amendment i I I SECTION 4. —Ratification. Any act consistent with the authority and prior to the effective date of this resolution is hereby ratified and affirmed. SECTION S. —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 j Kent, Washington, this day of November,2004. CONCURRED in by the Mayor of the City of Kent this day of November,2004. JIM WHITE, MAYOR ATTEST: BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM. TOM BRUBAKER, CITY ATTORNEY i i 6 Sales Tax Streamlining- Comprehensive Plan Amendment t 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 November,2004. BRENDA JACOBER,CITY CLERK PYiW'RFSOLt'110N fl.erWtdJuT.xRmYumba- I t t 7 Sales Tax Streamlining- Comprehensive Plan Amendment i REPORTS FROM STANDING COMMITTEES AND STAFF iA. COUNCIL PRESIDENT 1' �y� ° C ' jB. OPERATIONS COMMITTEE CAA.k 6bc1 De. 7� � AL i C. PUBLIC SAFETY COMMITTEE 5 p m D. PUBLIC WORKS E. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE Sic rv,�lz, eel 2.3 CR 5 = cD GAD �b-cc to @ w"cv Camp PIa.., A-mdZo 6w(0wi-baAn G, a4 ntitoj rh F. PARKS AND HUMAN SERVICES COMMITTEE G. ADMINISTRATIVE REPORTS I — la_bor no a bl e ac-t, ryr� REPORTS FROM SPECIAL COMMITTEES i i KENT wueuats 1 OPERATIONS COMMITTEE MINUTES OCTOBER 19, 2004 ICommittee Members Present: Chair Tim Clark, Julie Peterson, Bruce White The meeting was called to order by Tim Clark, Chair at 4:02 p.m. APPROVAL OF MINUTES DATED OCTOBER 5,2004 IJulie Peterson moved to approve the minutes of the October 5, 2004, Operation Committee meeting. The motion was seconded by Bruce White seconded the motion, which passed 3-0. APPROVAL OF VOUCHERS DATED OCTOBER 15,2004 Finance Director Bob Nachlhnger presented the vouchers for October 15, 2004, for approval. ' Bruce White moved to approve the vouchers dated October 15, 2004. Julie Peterson seconded the motion,which passed 3-0. WEB REDESIGN PRESENTATION Information Technology Director and Senior Systems Analyst Dan Meeker presented a PowerPoint Presentation on the City's new website redesign and requested the Committee's input on design. The web redesign is to be completed by the end of November The Committee had a few suggestions regarding photos and links and stated the new design was very professional and appreciated how it shows the diverse environment that Kent has to offer. No action was necessary. rSHOPPING CART ORDINANCE 1 Attorney Tom Brubaker presented the newly revised Shopping Cart Ordinance, which had previously been tabled at both the August 17, 2004, and the October 5, 2004, Operations Committee meetings. Mr. Brubaker advised that the ordinance being presented provided for a three (3) stage process which, if approved, would implement certain controls on abandoned shopping carts within the City. Operations Committee Minutes October 19, 2004 Page: 2 The Committee stated that they appreciated the efforts made to resolve this issue, however, unanimously stated that they could not support a shopping cart ordinance at this time, as they did not feel the stores should be held responsible for their customers' conduct. , Unanimously the shopping cart ordinance died at the table. No motion was necessary. The meeting was adjourned at 4:32 p.m. Renee Cameron Operations Committee Secretary r i f 1 I 2 1 PUBLIC WORKS COMMITTEE MINUTES October 18, 2004 COMMITTEE MEMBERS PRESENT: Committee Chair Bruce White, Committee Member Debbie Raplee and Committee Member Ron Harmon The meeting was called to order by Committee Chair Bruce White at 5.10 P.M. Approval of Minutes Dated October 4,2004 Committee Member Ron Harmon moved to approve the minutes of October 4, 2004 The motion was seconded by Debbie Raplee and passed 3-0. Release of Waterline Easement-Authorize Don Wickstrom said portions of existing watermains have been relocated to avoid conflicts with the new building addition Kent School District constructed onto the existing Cinema structure. The existing watermain easement needs to be removed and a new watermain easement needs to be granted to the City. Debbie Raplee moved to recommend the City Council authorize the Mayor to execute the respective document(s) releasing any and all City rights in the waterline easement reflected in Exhibit A upon the respective new waterline easements. The motion was seconded by Ron Harmon and passed 3-0. S. 212ih Street Pavement Rehabilitation Project—Accept as Complete Don Wickstrom said this project the bids were low and the federal funds exceeded the actual cost The street department was originally scheduled to do all roadway repairs prior to the City's contractor paving S. 212`i' Street In order to maximize the use of available federal funds the City opted to have the contractor do all required roadway repairs freeing up Street crew time and money to do other street maintenance work Ron Harmon moved to recommend to full Council acceptance of the project as complete upon standard releases from the state and release of any liens. The motion was seconded by Debbie Raplee and passed 3-0 Proiect Cooperation Agreement with the Department of the Army-Authorize ' Don Wickstrom said this agreement is with the Army Corps of Engineers for the construction of the Meridian Valley Creek Ecosystem Restoration project The City of Kent's total contribution required is projected to be $231,750 00 for the project The ' U S Army Corps of Engineers will construct the project. Bill Wolinski, Environmental Engineering Manager said the construction will be completed in one year, for the plants to grow and establish will take approximately two years. The existing flume will be kept operational until the work is complete Debbie Raplee moved to recommend the Council authorize the Mayor to sign the Project Cooperation Agreement with the Army Corps of Engineers for the construction of the Meridian Valley Creek Ecosystem Restoration project. The motion was seconded by Ron Harmon and passed 3-0. The meeting adjourned at 520 P M. Janet Perschek Administrative Assistant r CONTINUED COMMUNICATIONS A. �o h b'!fin It 31 S.Qa� S,t- $ ate,e`-r � b?T � �� � .gyp l aL4,%.e cl--�- dQ,o,�I� d sec "Faso y� get, 14 I 1 t 1 EXECUTIVE SESSION r r ACTION AFTER EXECUTIVE SESSION r r r �I r r r r r r r r r r