Loading...
HomeMy WebLinkAboutCity Council Meeting - Council - Agenda - 02/06/2007 AGEN DA -, f City of Kent City Council Meeting Agenda February b, 2007 Mayor Suzette Cooke Deborah Ranniger, Council President Councilmembers Elizabeth Albertson Bob O'Brien Tim Clark Debbie Raplee Ron Harmon Les Thomas KEN T WASHINGTON City Clerk's Office 1 KENT CITY COUNCIL AGENDAS February 6, 2007 KEN T Council Chambers 'A ASHING-ON MAYOR- Suzette Cooke COUNCILMEMBERS• Deborah Ranniger, President Elizabeth Albertson Tim Clark Ron Harmon Bob O'Brien Debbie Raplee Les Thomas COUNCIL WORKSHOP AGENDA 5:30 p.m. Item Description Speaker Time 1. Store Front Studio Ben Wolters 45 minutes ' COUNCIL MEETING AGENDA 7:00 p.m. 1. CALL TO ORDER/FLAG SALUTE 2. ROLL CALL 3. CHANGES TO AGENDA A FROM COUNCIL, ADMINISTRATION, OR STAFF B. FROM THE PUBLIC—Citizens may request that an item be added to the agenda at this time. Please stand or raise your hand to be recognized by the Mayor. 4. PUBLIC COMMUNICATIONS A Public Recognition B. Community Events C. Arts Commission Funding Recipients D. Washington State Public Works Board Award Presentation E. Introduction of Historical Society Director F. Employee of the Month G. Swearing In of Police Officers Scott McQuilkin and Rex Miller H. Police Department Promotions and Recognition 1. Public Safety Report 5. PUBLIC HEARINGS A. Single Family Residential Moratorium—Resolution 6. CONSENT CALENDAR A Minutes of Previous Meeting—Approve B Payment of Bills —Approve (Continued) COUNCIL MEETING AGENDA CONTINUED C. Mulder Final Plat—Approve D Parkview Final Plat— Approve E. Highland Estates Final Plat— Approve F. Department of Social & Health Services Client Service Contract for Safe Havens Services— Authorize and Amend Budget G. Department of Social& Health Services Agreement for Safe Havens Center— Authorize and Amend Budget H. 2007 City Art Plan and 2007-2011 Five Year Art Plan—Approve I. Riverview Park Master Plan—Approve J. 2006 Fourth Quarter Fee-in-Lieu Funds—Accept and Amend Budget K Eagle Scout Program Donations—Accept and Amend Budget L. Kent Downtown Partnership Donation for Hanging Basket Program— Accept and Amend Budget M. East Valley Highway, S 224th to S 212th Pedestrian and Bicycle Safety Grant— Accept N. Military Road and S 268th Street Pedestrian and Bicycle Safety Grant— Accept O. SE 248th Street at 101 st Place Pedestrian and Bicycle Safety Grant—Accept P. Anchor Environmental Contract for Lake Meridian Outlet Project—Authorize Q. Mill Creek Culvert at Chandlers Bay Apartments —Accept as Complete R. Homeland Security Sub Grant Agreement—Authorize S. Agreement with City of Covington for Fire Marshal Services —Authorize T. Battalion Chief Position in Fire Prevention—Approve U. S 228th Green River Bridge—Accept as Complete V Kent Aquatic and Community Center Programming and Conceptual Design Agreement—Authorize 7. OTHER BUSINESS A. Residential Development Standards 8. BIDS A Traffic Signal Cabinet Replacement 9. REPORTS FROM STANDING COMMITTEES, STAFF AND SPECIAL COMMITTEES 10. CONTINUED COMMUNICATIONS A. Update from King County Council Representative Reagan Dunn 11. EXECUTIVE SESSION AND AFTER EXECUTIVE SESSION A. Pending Litigation 12. ADJOURNMENT NOTE. A copy of the full agenda packet is available for perusal to the City Clerk's Office and the Kent Library The Agenda Summary page and complete packet are on the City of Kent web site at www a 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. < QD CC-0c mode rm LA y ran 3 N S J J rGOo C = ,� p. rM is rm j cNr, o c F J D a c o f -a aLA c rt C. 0 ? = ro Y O < n N C W rc o Oq W d •G o p S N .^- C • w° �' C d r J J Y•< Y ° Q Q C c. LA m � � � (la N r 3 V oc co • 10 � Y N N O R � � J ro y o o — o n O �o= ^� c n°` [tirm Z J N :�_n N D< O u. n c c co C) n � n � l 1 •G�N �� fOl fl- �lnn V 1 N O - O n vcA j 3 3 N C < (D • N G j K N > C C Z O 3 S s _ � 3w� �_1A� �O�� AGO n nT-I a, � '^ gn3 N tD (D 3 C) (e t N 0-0 O O T ?< n n N o C) a O C rD a 3 C) 0 n S^ ;� ro m ro 7 a a N re are 3 0 C c O J-p 0 c W < n GET ° n y N Co(n N 3 3- F - O G+ C- c y T lOe tp Y J N .-r S rC N O� /z� < N ^ N N (D C-J Nam, rJ ? :< O N ? 6.S n j C ? y v .�•. .� C ? r: 6 nC, 0 a j ` , < a r. S cJ„ —, J r • �oo O nip o TV ro oo o r Y s•< c c 0 i� OYcp ymio -cc0 oa rod C cm � Jtp N � '� 1 2 = s C'< rm c c n W cCn _T = svr', c, 00 _ 2 N2 o-� 3 - n � c �-< r7 v, TAti w rcm _� _ �?^•< ryr-' s O -J ^ N O O n Sv '< C ? n 3 Cr C J y ti a_n p p� p � �ONYO ? izQ '< N6N ° 3O y c 3n Scc r0.- nng < J � � m O -v dn< -om � wD' d J ° ac� LLN � y ° cc � n �J � °�co `n,o ?000s � nSYc o (p Y^T �-M 0J - 0 = o 2 o J o' W r0.+ m w s c io << - 2 °i °i o ° o � seaa ??aS+ n v C N O —Y C ^ OG S G a�' m ron Q' � :? aN (SJ '^ - CHANGES TO THE AGENDA 1 Citizens wishing to address the Council will, at this time, make known the subject of interest, so all may be properly heard A) FROM COUNCIL, ADMINISTRATION, OR STAFF B) FROM THE PUBLIC 1 1 1 1 1 1 1 PUBLIC COMMUNICATIONS A) PUBLIC RECOGNITION B) COMMUNITY EVENTS C) ARTS COMMISSION FUNDING RECIPIENTS D) WASHINGTON STATE PUBLIC WORKS BOARD AWARD PRESENTATION E) INTRODUCTION OF HISTORICAL SOCIETY DIRECTOR F) EMPLOYEE OF THE MONTH G) SWEARING IN OF POLICE OFFICERS SCOTT MCQUILKIN AND REX MILLER H) POLICE DEPARTMENT PROMOTIONS AND RECOGNITION I) PUBLIC SAFETY REPORT �1 Kent City Council Meeting Date February 6, 2007 Category Public Hearings 1. SUBJECT: SINGLE FAMILY RESIDENTIAL MORATORIUM— RESOLUTION i 2. SUMMARY STATEMENT: On December 12, 2006, the City Council passed Resolution No. 1746 imposing a moratorium on filing a rezone or other related land use applications that would require the granting of a rezone to effectuate all or part of the application being filed for real property with single-family residential zoning and/or single-family residential comprehensive plan map designations that are not of equal density or otherwise do not match State law authorizes cities to adopt moratoriums, provided that a public hearing is held within sixty (60) days of adoption. This date, February 6, 2007, has been set for the public hearing on this matter. After making findings, the Council may either continue the moratorium for the full six (6) month term or terminate the moratorium 3. EXHIBITS: Resolutions 4. RECOMMENDED BY: (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: A. Councilmember moves, Councilmember seconds to close the public hearing. (continued on back) 6. CITY COUNCIL ACTION: In�W_ A ej B Councilmember moves Councilmember seconds to adopt Resolution No �Jyj , adopting Findings of Fact and CONTINUING the moratorium established pursuant to Resolution No. 1746 on filing rezone or other related land use applications that would require the granting of a rezone to effectuate all or part of the application being filed for real property with single-family residential zoning and/or single-family residential comprehensive plan map designations that are not of equal density or otherwise do not match. OR Ito adopt Resolution No. adopting Findings of Fact and TERMINATING the moratorium established pursuant to Resolution No 1746 on filing rezone or other related land use applications that would require the granting of a rezone to effectuate all or part of the application being filed for real property with single-family residential zoning and/or single-family residential comprehensive plan map designations that are not of equal density or otherwise do not match. I DISCUSSION: ACTION: Council Agenda Item No. 5A RESOLUTION NO. A RESOLUTION of the City Council of the City of Kent, Washington, relating to zoning and comprehensive plan map designations and continuing a moratorium on the filing of rezone and other dependent land use applications for real property with single-family residential zoning and/or single-family residential comprehensive plan map designations that are not of equal density or otherwise do not match (Dkt 2006-4). RECITALS A. Parcels of real property in the city of Kent are given both a zoning designation and a comprehensive plan map designation. In general, these designations determine the type of land use and the density of land use to which a parcel of property may be developed. There are currently parcels in the city that have zoning designations that are not the same density or otherwise do not match with the identified comprehensive plan map designations. A study was proposed during the city's 2006 annual docket process that would review single- family residential parcels with these characteristics (hereafter "Dkt 2006-4"). On December 12, 2006, the city council voted to include docket item Dkt 2006-4 in the annual comprehensive plan amendment process. 1 B. The Comprehensive Plan is a policy document created by the City Council, and the Council intended that variances between zoning and comprehensive plan map designations provide alternatives and options, but are not a guarantee of higher densities or more intense uses. For example, in Plan areas designated for up to six single-family residential units per acre, the Council intended a mixture of densities by providing for both 4.5 unit per acre and 6 unit per acre zoning districts on its zoning map. The Council believes that it should t perform the Dkt 2006-4 study to determine if there are areas within the City 1 Moratorium Continuance — Residential Rezones where the variance between the zoning and the comprehensive plan designations should be amended on an area wide basis. C. On December 12, 2006, the Council also adopted Resolution No. 1746, which imposed a moratorium on the filing of rezone and other related land use applications that would require the granting of a rezone to effectuate all or part of the application being filed. The moratorium applies only to real property with single-family residential zoning and/or single-family residential comprehensive plan map designations that are not of equal density or otherwise do not match. D. Since the adoption of the moratorium, the Planning Services office has begun the review and analysis needed for Dkt 2006-4. The public was invited and open houses were held regarding this topic on January 17tn 201n and 22°d of 2007. The Land Use and Planning Board held a workshop on January 22, 2007, and anticipates holding a public hearing on February 26, 2007. E. RCWs 36.70A.390 and 35A.63.220 authorize the moratorium provided that a public hearing is held within sixty (60) days of its adoption. This hearing was held on February 6, 2007, before the Kent City Council. The Council has considered written comments, public testimony, and any material presented by staff at the hearing. NOW THEREFORE THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. - Recitals Incorporated. The recitals set forth in this resolution are incorporated by this reference and are adopted as additional Findings of Fact to the extent that they are not inconsistent with the Findings of Fact adopted in Section 2 of this resolution. SECTION 2. - Flndings of Fact. The Kent City Council hereby adopts the following Findings of Fact: 2 Moratorium Continuance - Residential Rezones 1. The Planning Services office has begun the review and analysis for Dkt 2006-4. Open houses were held on January 17th, 20th, and 22nd of 2007. The Land Use and Planning Board held a workshop on January 22, 2007, and anticipates holding a public hearing on February 26, 2007. After the Land Use and Planning Board concludes its review of Dkt 2006-4, it will forward its recommendation to the City Council for consideration. 2. While the review and analysis is being done for Dkt 2006-4, it is probable that the city will receive land use applications that would vest development of parcels to the current zoning and comprehensive plan map designations. This vesting could defeat the purpose of the Dkt 2006-4 study. 3. The City needs additional time to fully review and analyze the Dkt 2006-4 issues in a comprehensive fashion and determine and implement any policy changes to the comprehensive plan map and/or zoning map. 4. The City Council finds that it is appropriate to continue the moratorium on the filing of rezone and other related land use applications that would require the granting of a rezone to effectuate all or part of the application being filed for real property with single-family residential zoning and/or single- family residential comprehensive plan map designations that are not of equal density or otherwise do not match. SECTION 3. - Continuation of Moratorium. Based on the Findings of Fact adopted in Sections 1 and 2, the City Council determines that it is necessary for the moratorium enacted in Resolution No. 1746 to remain in effect for the entire six (6) month period set forth in Resolution No. 1746. Accordingly, the moratorium shall not expire until midnight on June 12, 2007, unless, on or before this date and time, the moratorium is shortened or extended by action of the City Council. During the moratorium, no application shall be filed for a rezone or other related land use applications that would require the granting of a rezone to effectuate all or part of the application being filed for real property with single- family residential zoning and/or single-family residential comprehensive plan map 3 Moratorium Continuance - Residential Rezones designations that are not of equal density or otherwise do not match. The specific zoning and corresponding comprehensive plan map designations affected by the moratorium were identified in Exhibit "A" to Resolution No. 1746 and are again attached and incorporated to this resolution for ease of reference The moratorium shall not apply to any application for a land use permit or approval which was completed and vested on the effective date of the moratorium, which was December 12, 2006 SECTION 4. - Severabdity. If any section, subsection, paragraph, sentence, clause, or phrase of this resolution is declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of this resolution. SECTION S. - Ratification. Any act consistent with the authority and prior to the effective date of this resolution is hereby ratified and affirmed. SECTION 6. - Effective Date. This resolution shall take effect and be in force immediately upon its passage. PASSED at a regular open public meeting by the City Council of the City of Kent, Washington, this day of February, 2007. CONCURRED in by the Mayor of the City of Kent this day of February, 2007. SUZETTE COOKE, MAYOR ATTEST: BRENDA JACOBER, CITY CLERK �1 4 Moratorium Continuance - Residential Rezones APPROVED AS TO FORM: TOM BRUBAKER, CITY ATTORNEY I hereby certify that this is a true and correct copy of Resolution No. passed by the City Council of the City of Kent, Washington, the day of February, 2007. BRENDA JACOBER, CITY CLERK p\Clvll\Ra olu4on\MoraWdumRa naSinglaFOMIIV pnln9RCempplanConNnuabon doc 1 5 Moratorium Continuance — Residential Rezones Exhibit A Corresponding Zoning and Comprehensive Plan Map Designation Subject to Moratorium Zoning Designation Comprehensive Plan Designation Single Family Residential, 4.5 units per Single Family Residential, 6 units per acre (SR 4.5) acre (SF 6) Single Family Residential, 4.5 units per Single Family Residential, 8 units per acre (SR 4 5) acre (SF 8) Single Family Residential, 6 units per Single Family Residential, 8 units per acre (SR 6) acre (SF 8) Single Family Residential, 6 units per Single Family Residential, 4.5 units per acre (SR 6) acre (SF 4.5) Single Family Residential, 6 units per Low Density Multifamily (LDMF) acre (SR 6) Single Family Residential, 6 units per Medium Density Multifamily (MDMF) acre (SR 6) Single Family Residential, 6 units per Mixed-Use (MU) acre (SR 6) Single Family Residential, 6 units per Commercial (C) acre (SR 6) Professional and Office (0) Single Family Residential, 6 units per acre SF 6 6 Moratorium Continuance — Residentiai Rezones RESOLUTION NO. A RESOLUTION of the City Council of the City of Kent, Washington, relating to zoning and comprehensive plan map designations and terminating a moratorium on the filing of rezone and other dependent land use applications for real property with single-family residential zoning and/or single-family residential comprehensive plan map designations that are not of equal density or otherwise do not match (Dkt 2006-4). RECITALS A. On December 12, 2006, the Kent City Council adopted Resolution No. 1746, which imposed a moratorium on the filing of rezone and other related land use applications that would require the granting of a rezone to effectuate all or part of the application being filed. The moratorium applies only to real property with single-family residential zoning and/or single-family residential comprehensive plan map designations that are not of equal density or otherwise do not match. The moratorium was imposed in conjunction with the authorization to proceed with comprehensive plan amendment application Dkt 2006-4, which is a study of the moratorium issues. B. RCWs 36.70A.390 and 35A.63.220 authorize the moratorium provided that a public hearing is held within sixty (60) days of its adoption. This hearing was held on February 6, 2007, before the Kent City Council. The Council has considered written comments and public testimony received at the hearing as well as material presented by staff at the hearing. The information provided indicates that the moratorium is no longer necessary because of the pace at which the Dkt 2006-4 study is proceeding. 1 Moratorium Termination — Residential Rezones NOW THEREFORE THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. - Recitals Incorporated. The recitals set forth in this resolution are incorporated by this reference. SECTION 2. - Termination of Moratorium. Based on the Findings of Fact adopted in Sections 1, the City Council determines that it is not necessary for the moratorium enacted in Resolution No. 1746 to remain in effect for the entire six (6) month period set forth in said Resolution. Accordingly, the moratorium adopted in Resolution No. 1746 shall terminate effective immediately upon passage of this resolution. SECTION 3. - Severabdity. If any section, subsection, paragraph, sentence, clause, or phrase of this resolution is declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of this resolution. SECTION 4. - Ratification. Any act consistent with the authority and prior to the effective date of this resolution is hereby ratified and affirmed. SECTION 5. - 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 February, 2007. CONCURRED in by the Mayor of the City of Kent this day of February, 2007. SUZETTE COOKE, MAYOR 2 Moratorium Termination - Residential Rezones ATTEST: BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM: TOM BRUBAKER, CITY ATTORNEY I hereby certify that this is a true and correct copy of Resolution No. passed by the City Council of the City of Kent, Washington, the day of February, 2007. BRENDA JACOBER, CITY CLERK P\Civil\Resolution\MoratorlumRezone5ingleFamilyioningCompPlanTermination.doc i 3 Moratorium Termination — Residential Rezones CONSENT CALENDAR 6. City Council Action: Councilmember �Ctltwc '>/ moves, Councilmember seconds to approve Consent C lendar Items A through V Discussion iAction pq� 6A. Approval of Minutes Approval of the minutes of the regular Council meeting of January 16, 2007. 6B. Approval of Bills Approval of payment of the bills received through November 30 and paid on November 30, 2006 after auditing by the Operations Committee on December 5, 2006. Approval of checks issued for vouchers: Date Check Numbers Amount l 1/30/06 Wire Transfers 2645-2661 $1,402,070 66 11/30/06 PrePays & Regular 601702-602378 4,365,141 49 Use Tax Payable 2,45433 $5,769,666 48 Approval of payment of the bills received through December 15 and paid on December 15, 2006 after auditing by the Operations Committee on January 16, 2007. Approval of checks issued for vouchers: Date Check Numbers Amount 12/15/06 Wire Transfers 2662-2679 $1,827,094.56 12/15/06 PrePays & Regular 602379-602956 308,518.71 Use Tax Payable 2,10058 $41937,713 85 (continued on back) 6B. Approval of Bills. (Continued) Approval of payment of the bills received through December 31 and paid on December 31, 2006 after auditing by the Operations Committee on January 16, 2007. Approval of checks issued for vouchers: Date Check Numbers Amount 12/31/06 Wire Transfers 2680-2694 $1,330,396 68 12/31/06 PrePays & Regular 602957-603425 3,742,553 27 Use Tax Payable 88808 $51073,838.03 Approval of checks issued for payroll for November 16 through November 30 and paid on December 5, 2006: Date Check Numbers Amount 12/5/06 Checks 294620-294862 $ 237,520.90 12/5/06 Advices 205519-206211 1,656,007.70 Total Regular Payroll $1,893,529.60 Approval of checks issued for payroll for December 1 through December 15 and paid on December 20, 2006. Date Check Numbers Amount 12/13/06 Void Check 294318 -$509.39 12/13/06 Interim Check 294863 509.39 12/20/06 Checks 294864-295097 188,805 75 12/20/06 Advices 206212-206907 $1289,087 66 Total Regular Payroll $1,477,893.41 Approval of checks issued for payroll for December 16 through December 31 and paid on January 5, 2007: Date Check Numbers Amount 1/5/06 Check 295098-295342 $216,31183 1/5/06 Advices 206908-207601 1,294,355 98 Total Regular Payroll $1,510,667 81 Council Agenda Item No. 6 A-B • Kent City Council Meeting KENT January 16, 2007 _ _WAs HI N_GTON The regular meeting of the Kent City Council was called to order at 7:00 p.m. by Mayor Cooke. Councilmembers present Albertson. Clark, Harmon, O'Brien, Ranmger, Raplee, and Thomas. (CFN-198) CHANGES TO AGENDA A. From Council, Administration, or Staff. (CFN-198) Mayor Cooke announced that, due to an impending ice storm, the following Public Communications items are being rescheduled to the February 6 Council meeting Item D—Washington State Public Works Board Award Presenta- tion; Item E — Fire Department Community Emergency Response Team (CERT) Presentation, Item G— Introduction of Historical Society Director; and Item H—Economic Development Update She added that Continued Communications Item A—Update from King County Council Representative Reagan Dunn - will also appear on the February 6 agenda rHodgson removed Consent Calendar Item I— Kent Kangley Road and Kent 5 Bridge at Rock Creek - saying it will be brought back at another time, and moved Consent Calendar Item M— Resolution Regarding Official Newspaper—to Other Business. He also removed Property Acquisition from the Executive Session. He noted that there will be two items of pending litigation, one of which may require action, and estimated the time of the executive session at ten minutes. B From the Public. (CFN-198) At the request of Daniel Parks, 21647 98`"Avenue South, the status of the S 224`h St Corridor Extension project was added as Continued Communications Item A Laura Pierce, 6303 S. 2491h, introduced herself as the new editor of the Kent Reporter newspaper and invited everyone to contact her with any questions or concerns PUBLIC COMMUNICATIONS A. Public RecoEnition. (CFN-198) Mayor Cooke thanked the Kent Fire Department, Firefighters Local 1747, and the Kent Firefighters Foundation for their work on the Toys for Joy gift drive and distribution this year. B. Community Events. (CFN-198) Council President Ranmger announced the Ladysmith Black Mambazo presentation to be held on January 21. Harmon urged everyone to attend one of the three meetings regarding changes to zoning and planning rules C. Employee of the Month. (CFN-147) The Mayor introduced Brad Soper, Support Specialist in the Information Technology Department, and announced that he has been selected as Employee of the Month for January Technical Services Manager Paul Dunn noted that Soper works with most of the employees and always provide excellent customer service. Soper was presented with the Employee of the Month plaque by Mayor Cooke. D Kent Parks Foundation Donation. (CFN-118) Parks Director Watling introduced Sandy Pederson, Executive Director for the Parks Foundation, who announced that a check in the amount 1 Kent City Council Minutes January 16, 2007 of$48,000 has been delivered to the City from funds raised by the sale of horses and benches on the carousel. CONSENT CALENDAR RANNIGER MOVED to approve Consent Calendar Items A through N, with the exception of Items I and M. Clark seconded and the motion carried A Approval of Meeting. (CFN-198) The minutes of the regular Council meeting of December 12, 2006, were approved. B Approval of Bills. (CFN-104) Numbers were not available for approval. C Single Family Residential Moratorium (CFN-121) February 6, 2007, was set as the date for a public hearing to consider the moratorium imposed on December 12, 2006, on the filing of rezone and other dependent land use applications for real property with mismatched single family residential zoning and land use designations. D. Dean Street Alley Vacation. (CFN-102) Ordinance No. 3828 vacating a portion of Dean Street, in the City of Kent as described in the applicant's petition was adopted. On December 12, 20065 the Council approved the vacation with the conditions recommended by staff Those conditions have since been satisfied E Wagner Architects Contract for Russell Road Operations Center Renovation. (CFN-120) The Mayor was authorized to enter into an agreement with Wagner Architects for preliminary design studies of the Russell Road Maintenance Facility Renovation Project F Engineering Economics Inc. Agreement for Service to Replace Underground Fuel Tank. (CFN-907) The Mayor was authorized to enter into an agreement with Engineering Economics, Inc. for design services to replace underground vehicle fuel tanks at the Public Works Operations Facility, subject to approval of final terms and conditions by the City Attorney. G. Seattle King County Health Department Local Hazardous Waste Management Program—Grant Agreement. (CFN-738) The Mayor was authorized to sign the Local Hazardous Waste Management Program (LHWMP) grant contract agreement in the amount of $19,732 18, direct staff to accept the grant, and establish a budget for the funds to be spent within said project. H. Olympic Environmental Resources Contract Agreement (CFN-904) The Mayor was authorized to sign the Olympic Environmental Resources Contract Agreement for Waste Reduction and Recycling Activities and Programs for 2007 in the amount of$59,690 J. 2007 King County Public Entity Services Contract. (CFN-122) The Mayor was authorized to sign the 2007 King County Public Entity Services Contract. This contract provides for reimbursement of up to a seven-day supply of prescribed medications to defendants at the City of Kent Corrections Facility, and makes appropriate referral for mental health evaluation and other mental health services. The agreement has been reviewed by the Law Department. 2 Kent City Council Minutes January 16, 2007 K. Kent Senior Center Additions and Upgrades. (CFN-1149) The Kent Senior Center Additions and Upgrades Project was accepted as complete upon standard releases from the State and release of any liens, if tiled. L. Kent Transit Center Improvements/Pioneer Street. (CFN-171) The Kent Transit Center Improvement project was accepted as complete upon standard releases from the state and release of any liens. N Shannon & Wilson Inc. Contract Agreement. (CFN-1038) The Mayor was authorized to sign the Shannon & Wilson Contract Agreement for Peer Review of Wetland Projects for 2007 in ' the amount of$45,000, subject to review and approval of the final terms and conditions by the City Attorney. OTHER BUSINESS A. Kent Event Center. (CFN-1305) Staff has determined that the cost required to conduct further work with the architect, other consultants and the general contractor in order to reach milestone number three is $959,000, which will continue the project through March 6, when the contractor's first cost estimate will be presented to the City Council The Event Center Citizen Advisory Board recommends that these funds be appropriated for the project. CAO Hodgson announced that Mortensen Construction has been selected as the contractor for the project. Upon questions from Council members, he explained that the majority of the funds are to be used to create the schematic design for the facility RAPLEE MOVED to authorize the Mayor to expend up to an additional $959,000 and to take all acts necessary to continue the design and development of the proposed Kent Event Center, to enter into all related contracts and other agreements, and further, to authorize and ratify all acts consis- tent with this and other funding authorizations under the authority granted by this motion Clark seconded. O'Brien voiced opposition to the project, stating that it is an opportunity rather than a need. Clark pointed out that this project will take downtown development to the next level, that the base price will be financed through the contracts that fill the Center, and that it will provide opportunities for business, entertainment, education, and trade shows. Ranniger requested that information regard- ing traffic and parking be provided prior to March 6. She added that if streamlined sales tax came into being, the Event Center would help maintain a good tax base. Harmon opined that the Event Center is part of the goal of making Kent an active center Hodgson explained that the funds would come from the Water Fund, which would then be refunded at the end of the year. Thomas spoke in favor of the Event Center, and Albertson stated that it is important to have a strong community and that this is a natural progression In response to comments from O'Brien, Hodgson noted that funding is being pursued for railroad grade separations on S. 228'h S. 212rh and Willis Street Raplee's motion then carried with O'Brien opposed B Official Newspaper. (CFN-198) In 1985, the Kent City Council designated the King County Journal as the City's official newspaper. The owners of the King County Journal announced that they will discontinue publication as of January 21, 2007. 3 Kent City Council Minutes January M, 2007 City Attorney Brubaker noted that this matter was discussed by the Operations Committee, who recommended using the Kent Reporter He emphasized that other newspapers can be used as well when necessary CLARK MOVED to adopt Resolution No 1747 which designates the Kent Reporter as the official newspaper for the City of Kent, effective January 22, 2007 Ranmger seconded and the motion carried BIDS A 116th Avenue SE Joint Utility Trench. (CFN-1038) The bid opening for this project was held on December 21, 2006, with five bids received. The low bid was submitted by Rodarte Construction, Inc. in the amount of$671,368.00 RAPLEE MOVED to accept the bid by Rodarte Construction, Inc in the amount of$671,368.00 for the 116`h Avenue SE Joint Utility Trench. Clark seconded and the motion carried REPORTS Council President. (CFN-198) No report was given. Mavor's Report. (CFN-198) Mayor Cooke noted that she had recently visited El Grullo, Mexico Operations Committee. (CFN-198) Clark reported that he had testified before the King County Council on the adoption of a flood hazard management plan, and explained the issue Parks and Human Services Committee. (CFN-198) Ranmger noted that the next meeting will be held at 5 00 p.m. on Thursday, January 18. Planning and Economic Development Committee. (CFN-198) No report was given. Public Safety Committee. (CFN-198) Recently promoted Police Captain Ron Price was introduced Public Works Committee. (CFN-198) Raplee announced a special meeting on Monday, January 22, at 4:00 p in Administration. (CFN-198) Hodgson reminded the Council of an executive session of two pending litigation items, with possible action during the regular session He estimated the time of the executive session to be ten minutes. CONTINUED COMMUNICATIONS A. S. 224�h St. Corridor Extension. (CFN-1308) Daniel Parks, 21647 98`h Avenue South, requested that the S 224"' St. Extension, Phase III be removed from the Transportation Improvement Program. He said the EIS states that improvements would be marginal, and said he thinks the cost estimate is too low due to the required mitigations He also voiced opposition to the proposed increased speed limit, and said common sense alternatives were never explored He said there are many more reasons to stop this project, including the waste of taxpayer dollars. 4 Kent City Council Minutes January 16, 2007 Ranniger said she has received a letter from Cathy and Jack Nixon regarding this project, and that it included all of the public comments that were made during the Draft Environmental Impact Statement review meetings. CLARK MOVED to make the letter and comments a part of the public record Ranniger seconded and the motion carried EXECUTIVE SESSION The meeting recessed to Executive Session at 8 07 p in and reconvened at 8 28 p in. ADJOURNMENT At 8 28 p m. ALBERTSON MOVED to adjourn. Thomas seconded and the motion carried. Brenda Jacober, CMC City Clerk 1 5 Kent City Council Meeting Date February 6, 2007 Category Consent Calendar 1. SUBJECT: MULDER FINAL PLAT— APPROVE 2. SUMMARY STATEMENT: Approve the final plat mylar for Mulder and authorize the Mayor to sign the mylar. Harry Singh proposes to subdivide approxi- mately 4 77 acres into 26 single-family residential lots. The property is located at 26009 124`h Avenue SE. 3. EXHIBITS: Map and Memo with conditions 4. RECOMMENDED BY: Community Development & Public Works Dept Staff (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? No Revenue? No Currently in the Budget9 Yes No If no: Unbudgeted Expense: Fund Amount S Unbudgeted Revenue Fund Amount $ 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 6C COMMUNITY DEVELOPMENT Fred N Satterstrom, AICP, Director KEN T PLANNING SERVICES Charlene Anderson,AICP, Manager W TSMI N GTON Phone 253-856-5454 Fax 253-856-6454 Address 220 Fourth Avenue S Kent, WA 98032-5895 DATE: February 6, 2007 TO: MAYOR SUZETTE COOKE, COUNCIL PRESIDENT DEBORAH RANNIGER AND CITY COUNCIL MEMBERS FROM: CHARLENE ANDERSON, AICP, PLANNING MANAGER 1 THROUGH: MAYOR SUZETTE COOKE SUBJECT: MULDER FINAL PLAT (#FSU-2005-9/KIVA #2064932) MOTION: Approve the final plat mylar for Mulder and authorize the Mayor to sign the mylar. SUMMARY: Harry Singh proposes to subdivide approximately 4.77 acres into 26 single- family residential lots The property is located at 26009 124°i Avenue SE. BUDGET IMPACT: None L BACKGROUND: On December 5, 2005, the Hearing Examiner issued Findings, Conclusions and a Decision granting approval of a preliminary plat, with 16 conditions. The applicant has complied with the conditions required prior to recording. S\Permlt\Plan\longplats\2006\2064932-FSU-2005-9cc.DOC Enclosure Conditions of approval—Hearing Examiner MULDER SU-2005-9 KIVA #RPP5-2064932 On December 5, 2005, the City of Kent Hearing Examiner approved the Mulder preliminary plat with the following conditions: A PRIOR TO RECORDING THIS SUBDIVISION: 1. The Owner / Subdivider shall pay all Charges in Lieu of Assessments and/or Latecomer Fees, if any, prior to scheduling the Pre-Construction Conference and/or prior to recording this plat, whichever comes first 2. The Owner / Subdivider shall provide Public Works with a digital plat map prepared with a CAD program The digital information can be formatted in either " DWG (AutoCad) or ` DXF (Drawing Exchange File), but must be based upon State Plane coordinates: an assumed coordinate system is not permitted. The State Plane Coordinates shall be on the NAD 83/91 datum and relate to at least two City of Kent reference points within one half mile of the subdivision In addition, the project shall be tied into at least two City of Kent NAD 88 vertical benchmarks and two additional permanent benchmarks shall be established within the project The elevations of these benchmarks will be reported at the time as-built drawings are submitted along with field notes sufficient to verify their accuracy 3 The Owner / Subdivider shall submit and receive City approval for engineering drawings from the Department of Public Works, and shall then either construct or bond for the following a. A public gravity sanitary sewer system to serve all lots The public sanitary sewer system shall be extended from the existing public sanitary sewer system and shall be sized to serve all off-site properties within the same service area; in addition, the sanitary sewer system shall be extended across the entire subdivision as needed to serve adjacent properties within the same service area, unless otherwise determined by the sanitary sewer purveyor The septic system serving the existing home within the proposed subdivision - if any - shall be abandoned in accordance with King County Health Department Regulations b A public water system meeting domestic and fire flow requirements for all lots. This development will be served by Water District #111 and will be constructed to Water District #111 standards and specifications Mulder SU-2005-9 Conditons of Approval Page 2 of 9 C. A stormwater system The Engineering Plans must meet the minimum requirements of the City of Kent Construction Standards and 2002 City of Kent Surface Water Design Manual (KSWDM) Initial guidance for the Engineering Plans is given below (See Chapter 2 of KSWDM for detailed submittal requirements) (1) The Engineering Plans will include at a minimum Site improvement plans which include all plans, details, notes and specifications necessary to construct road, drainage, and other related improvements The engineering plans shall include a technical information report (TIR) which contains all the technical information and analysis to develop the site improvement plans The maximum wall height approved by the City of Kent is 6 feet. Please refer to section 5.3 of the City of Kent Storm Water Design Manual for further information. (2) An erosion and sedimentation control (ESC) plan shall be included in the engineering plans The ESC shall meet the requirements of the City of Kent Construction Standards, and the 2002 City of Kent Surface Water Design Manual These plans must reflect the Detailed Grading Plan discussed below, and the Planning Services approved Detailed Tree Plan (3) The retention / detention and release standard that will be met by the subdivision is Level Two. The water quality menu that will be met by the subdivision is the Resource Stream Protection Menu. (4) The site improvement plans and technical information report will contain drainage calculations and a drawing of the retention / detention pond tract at an appropriate engineering scale to show that the proposed on-site or off-site retention / detention tract is large enough to contain the required minimum stormwater storage volume and water quality facility The site improvement plans will also show that all required stormwater management facilities will be outside of delineated wetlands and their buffers, as well as outside of creeks and rivers and their buffers (5) A downstream analysis is required for this development, and it will include an analysis for capacity, erosion potential, and water quality Refer to the requirements of Technical Information Reports in Section 3 "Offsite Analysis", of the 2002 City of Kent Surface Water Design Manual for the specific information required for downstream analyses (6) Roof downspouts for each roofed structure (house, garage, carport, etc ) shall be directed to a Roof Downspout Infiltration Mulder SU-2005-9 Conditons of Approval Page 3 of 9 System meeting the requirements of Section C 2, flow Control BMP's , in Appendix C to the King County Surface Water Design Manual These roof downspout conveyance and infiltration systems shall include overflow pipes connected to an approved dispersion system The Drainage Plans will include an approved detail for the Roof Downspout Infiltration System The face of the recorded plat shall contain the following restriction AS A CONDITION OF BUILDING PERMIT ISSUANCE, RESIDENCES CONSTRUCTED ON LOTS OF THIS SUBDIVISION MUST PROVIDE ROOF DOWNSPOUT INFILTRATION SYSTEMS PER DETAILS SHOWN ON THE APPROVED PLANS (7) If determined necessary by the Public Works Department following review and approval of the required downstream analysis, the Owner / Subdivider shall provide public drainage easements meeting the requirements of the City of Kent Construction Standards for the specified downstream reach where adequate public drainage easements do not currently exist. (8) The Owner / Subdivider shall submit Landscape Plans for within and surrounding the retention / detention facility to Planning Services and to the Department of Public Works for concurrent review and approval prior to, or in conjunction with, the approval of the Engineering Plans These Landscape Plans shall meet the minimum requirements of the City of Kent Construction Standards, and the stormwater management landscaping requirements contained within the 1998 King County Surface Water Design Manual Landscape Plans are required to show adjacent Street Trees so that the City arbonst can assess potential adverse stress upon all types of vegetation. (9) The Owner / Subdivider shall execute Declaration of Stormwater Facility Maintenance Covenants for the private portions of the drainage system prepared by the Property Management Section of the Department of Public Works See Reference 8-F, Declaration of Stormwater Facility Maintenance Covenant, to the 2002 City of Kent Surface Water Design Manual for information on what is contained within this document d. A Detailed Grading Plan for the entire subdivision meeting the requirements of the Uniform Building Code, the City of Kent Construction Standards, and City of Kent Development Assistance Brochure #1-3, Excavation and Grading Permits & Grading Plans Initial guidance for these plans is given below. Mulder SU-2005-9 Conditons of Approval Page 4 of 9 (1) These plans will include provisions for utilities, roadways, retention / detention ponds, stormwater treatment facilities, and a building footpad for each lot (2) These plans shall be designed to eliminate the need for processing several individual Grading Permits upon application for Building Permits (3) These plans will use a two-foot contour interval, and every fifth contour line will be darker and wider in conformance to standard drafting practice e A Temporary Erosion / Sedimentation Control Plan for the entire subdivision meeting the requirements of the City of Kent Construction Standards, and the most recent adopted version of the Stormwater Management Manual for the Puget Sound Basin These plans must reflect the Detailed Grading Plan discussed above, and Planning Services approved Detailed Tree Plan f Interim Street Improvement Plans for 124`h Avenue Southeast along the entire property frontage thereon These Interim Street Improvement Plans shall meet the requirements of the City of Kent Construction Standards, and City of Kent Development Assistance Brochures #6-2, Private and Public Street Improvements, and # 6-8, Street Improvement Plans, for a street designated as a Residential Collector Street within the City of Kent Comprehensive Plan Initial guidance for the necessary interim street improvements is given below (1) Combined vertical concrete curbs & gutters, a 5-foot wide planter strip, and a 5-foot cement concrete sidewalk along the west side of the street. (2) A minimum of 18-feet of Hot Mix Asphalt (HMA) pavement as measured from the approved centerline of the street to the face of curb on the west side of the street, plus at least 12-feet of HMA pavement as measured from the centerline of the right-of-way to the edge of the traveled lane on the east side of the street, and a 4-foot wide HMA shoulder on the east side of the street (3) A City-approved street lighting system (4) Public stormwater conveyance, detention and treatment facilities as applicable (5) Street Trees installed within the 5-foot wide planting strips constructed between the back of curb and the front of the cement concrete sidewalk These Street Trees will be located as approved Mulder SU-2005-9 Conditons of Approval Page 5 of 9 by the Public Works Department, and the species shall be selected from the Approved Street Tree List contained within City of Kent Development Assistance Brochure #14, City of Kent Street Trees g. Street Improvement Plans for the new public Residential Street connected to 122nd Avenue SE and terminating with a tee intersection at SE 2601h Street The Street Improvement Plans for this street shall be designed in conformance to the requirements for a Residential Street as required by City of Kent Construction Standards, and City of Kent Development Assistance Brochure #6-2, Private and Public Street Improvements and City of Kent Development Assistance Brochure # 6-8, Street Improvement Plans for a street 28-feet wide Initial guidance for these street improvements is given below (1) Combined vertical curbs & gutters and abutting 5-foot wide cement concrete sidewalks along both sides of this short street extension (2) A minimum of 28-feet of Hot Mix Asphalt (HMA) pavement, as measured from face of vertical curb to face of vertical curb (3) The Owner/Subdivider shall complete a Lot Line Adjustment with the owner of the parcel to the west (parcel number 7697920170) in order to convey a 6-foot landscape tract to the adjacent lot for purposes of complying with street side yard requirements (4) A street lighting system designed to the City's standards, constructed and maintained by the IntoLight Division of Puget Sound Energy, all electrical and maintenance bills shall be paid for by the Home Owner's Association created for this subdivision (5) A public stormwater drainage system, including provisions for collection, conveyance, detention, and treatment facilities (6) Curb return radii of 20-feet at the intersection of the subdivision Istreet and Southeast 260th Place (7) Street Trees installed behind the 5-foot wide cement concrete sidewalks These Street Trees will be located as approved by the Public Works Department, and the species shall be selected from the Approved Street Tree List contained within City of Kent Development Assistance Brochure #14, City of Kent Street Trees h. Street Improvement Plans for the new public Residential Street connected to SE 260th Place and then extended easterly to 1241h Avenue SE The Street Improvement Plans for this street shall be designed in Mulder SU-2005-9 ✓� Conditons of Approval Page 6 of 9 conformance to the requirements for a Residential Street as required by City of Kent Construction Standards, and City of Kent Development Assistance Brochure #6-2, Private and Public Street Improvements and City of Kent Development Assistance Brochure # 6-8, Street Improvement Plans for a street 28-feet wide Initial guidance for these street improvements is given below (1) Combined vertical curb & gutter, a 5-foot wide planting strip constructed between the back of curb and the front of the sidewalk, and then a 5-foot wide cement concrete sidewalk along both sides of the street NOTE the existing portion of SE 260th Street has 5-foot wide abutting cement concrete sidewalks, as will the intersecting street of 122°d Avenue SE, so an approved sidewalk transition will be required along the frontages for Lot 9 and Lot 10 (2) A minimum of 28-feet of Hot Mix Asphalt (HMA) pavement, as measured from face of vertical curb to face of vertical curb (3) A street lighting system designed to the City's standards, constructed and maintained by the IntoLight Division of Puget Sound Energy, all electrical and maintenance bills shall be paid for by the Home Owner's Association created for this subdivision (4) A public stormwater drainage system, including provisions for collection, conveyance, detention, and treatment facilities (5) The horizontal alignment of this road must be consistent with current City of Kent standards for Residential Street (6) Curb return radii of 20-feet at the intersection of this subdivision street and 122"d Avenue SE and with 124th Avenue SE (7) In addition to the on-site street improvements specified herein, the Owner / Subdivider of this development will also be required to remove the existing temporary cul-de-sac constructed with Seven Oaks East, Division No 2, and to complete the new off-site street improvements for the affected section of SE 2601h Street as approved by the Department of Public Works (8) Street Trees installed within the 5-foot wide planting strips These Street Trees will be located as approved by the Public Works Department, and the species shall be selected from the Approved Street Tree List contained within City of Kent Development Assistance Brochure #14, City of Kent Street Trees i Mulder SU-2005-9 Conditons of Approval Page 7 of 9 I. Street Improvement Plans for the Private Residential Street(s) connected to Southeast 260`h Street and terminating with a permanent cul-de-sac bulb, or approved turnaround, at their termini The Private Residential Street(s) are the driveways serving three or more lots, including but not limited to the driveway serving Lots 10, 11, and 26 All driveways serving two lots shall be designated joint-use driveways The Street Improvement Plans for the Private Residential Street(s) shall be designed in conformance to the requirements for a Private Residential Street as required by City of Kent Construction Standards, and City of Kent Development Assistance Brochure #6-2, Private and Public Street Improvements and City of Kent Development Assistance Brochure # 6-8, Street Improvement Plans for a private street least 20-feet wide Initial guidance for these street improvements is given below i (1) A minimum of 20-feet of Hot Mix Asphalt (HMA) pavement, measured from face of vertical curb to face of vertical curb, except where additional pavement width is required by the Fire Marshal for emergency vehicle access (2) The connection of all private streets to SE 2601h Street will be provided with a Commercial Driveway Approach meeting the requirements of Standard Detail 6-5(b) using an inside radius of 30-feet (3) An approved cul-de-sac bulb, or turnaround at its terminus, unless these additional street improvements are not required by the City Fire Marshal (4) A private stormwater drainage system, including provisions for conveyance, detention, and treatment facilities where applicable (5) Unless additional HMA pavement width is provided for parking, all minimum width private streets serving more than two lots shall have pavement markings and traffic signs installed which clearly designate these private streets as Fire Lanes, where no parking will be permitted (6) The private streets must be centered within a private roadway tract or easement that is at least 1-foot wider than the total width of the private street J. Street Light Plans for all public streets meeting the requirements of the i City of Kent Construction Standards,,' and City of Kent Development Assistance Brochure #6-1, Street Lighting Requirements 4. The Owner / Subdivider shall create a Homeowner's Association for this subdivision to ensure that the property owners within this subdivision are advised Mulder SU-2005-9 Conditons of Approval Page 8 of 9 of their requirement to pay for the provided street lighting systems Those sections of the required document written to govern that association as they relate to any IntoLight Division of Puget Sound Energy street lighting systems, shall be reviewed and approved by the Department of Public Works, prior to the recording these documents 5 The face of the final plat will clearly identify all three private streets, and which lots will be served by each of those private streets The face of the final plat will also specify that the maintenance of all private streets is the sole responsibility of the property owners who are served by those private streets 6. Direct vehicular access to and from lots having frontage along 1241h Avenue SE is prohibited, and the face of the final plat will carry the following restriction DIRECT VEHICULAR ACCESS TO AND FROM LOTS HAVING FRONTAGE ALONG 124T" AVENUE SOUTHEAST STREET IS PROHIBITED ACCESS FOR THESE LOTS IS RESTRICTED TO THOSE NEW PUBLIC AND PRIVATE STREETS SHOWN ON THE FACE OF THIS PLAT 7 The Owner / Subdivider shall deed all public rights-of-way, and otherwise convey all private and public easements necessary for the construction and maintenance of the required improvements for this subdivision development 8. The Owner / Subdivider shall submit and receive approval of a Detailed Tree Plan, meeting the requirements of the Kent Zoning Code, and City of Kent Development Assistance Brochure #3, Detailed Tree Plans, prior to the issuance of any Construction Permits for the subdivision Grading Plans cannot be , approved by the Department of Public Works without an approved Detailed Tree Plan Detailed Tree Plans are not to be confused with required Street Tree Plans, which have an entirely different purpose 9. Prior to release of any construction bonds, and prior to the approval of any Building Permits within the subject subdivision, the Department of Public Works must receive and approve As-Built Drawings meeting the requirements of the City of Kent Construction Standards, and City of Kent Development Assistance Brochure #E-1, As-Budd Drawings, for Streets, Street Lighting System, Water, Sewer, Stormwater Drainage Facilities, and all off-site improvements where the locations and/or elevations are deemed critical by the Department of Public Works 10. Break-away mailbox clusters shall be installed at locations and per standards approved by the US Postmaster and the City of Kent Public Works Department 11. Prior to recording this subdivision the owner/subdivider shall hire a certified arborist to evaluate the trees located off-site along the south property line of the subject property prior to commencement of any grading activities The evaluation shall include the approximately 26 trees on adjacent properties ' Mulder SU-2005-9 Conditons of Approval ' Page 9 of 9 identified as tax parcels #2822059213, 2822059217, 2822059215 and 2822059204 A written assessment shall be made about the health of the trees on these lots and the potential impact grading and clearing activities for site development will have on the trees A copy of this written assessment shall be ' provided by the developer to the city If said trees are determined hazardous and are recommended to be removed by the arbonst because of the potential impacts of this development, the developer shall remove the specified tree(s) as identified Removal of said tree(s) on the neighboring properties will also require permission from those property owners B. PRIOR TO THE ISSUANCE OF A BUILDING PERMIT ON ANY LOT IN THIS SUBDIVISION, THE OWNER/ SUBDIVIDER SHALL: 1 Record the Plat ' 2. Pay the Environmental Mitigation Fee for that lot 3 Construct all of the improvements required above 4 Submit and receive City approval for As-Built Drawings meeting the requirements ' of City of Kent Development Assistance Brochure #E-1, As-Budd Drawings, for street improvements, stormwater management system, street lighting system, and other off-site improvements where determined necessary by the City ' C. PRIOR TO THE ISSUANCE OF A BUILDING PERMIT on Lot 24 of this subdivision, the owner/subdivider shall provide documentation from the Seattle King County Health ' Department that the proposed building activity is in compliance with the setback waiver conditions approved for this site by the King County Board of Water on November 7, 2005 1 > IF Olt UXL . d 1 �� ts.�► P ' RICO 1 1 It's 1 In = 1; Iof & e� � 1 f 1 ti I AO 1 � - 1 ' 1 INC.. 11 �► C 1 � Wa ap its 1 f -. 1- 40. gill tell III I � • Y 1 it 1 - •119w•.•t, Y Kent City Council Meeting Date February 6, 2007 Category Consent Calendar l. SUBJECT: PARKVIEW FINAL PLAT—APPROVE 2. SUMMARY STATEMENT: Approve the final plat mylar for Park View and authorize the Mayor to sign the mylar. Harbour Homes proposes to subdivide approximately 9 42 acres into 44 single-family residential lots. The property is located at the NW corner of SE 288"' and 144`h Avenue SE. 3. EXHIBITS: Map and Memo with conditions ' 4. RECOMMENDED BY: Community Development and Public Works Dept 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 DISCUSSION: ACTION: Council Agenda 1 Item No. 6D ' COMMUNITY DEVELOPMENT Fred N Satterstrom, AICP, Director KENT PLANNING SERVICES Charlene Anderson,AICP, Manager W A s"'"G T G" Phone 253-856-5454 Fax 253-856-6454 Address 220 Fourth Avenue S Kent, WA 98032-5895 DATE: February 6, 2007 TO: MAYOR SUZETTE COOKE, COUNCIL PRESIDENT DEBORAH RANNIGER AND CITY COUNCIL MEMBERS FROM: CHARLENE ANDERSON, AICP, PLANNING MANAGER ' THROUGH: MAYOR SUZETTE COOKE SUBJECT: PARK VIEW FINAL PLAT (#FSU-2003-9/KIVA #2063966) ' MOTION: Approve the final plat mylar for Park View and authorize the Mayor to sign the mylar. SUMMARY: Harbour Homes, proposes to subdivide approximately 9.42 acres into 44 single-family residential lots. The property is located at the NW corner of SE 2881h and 144`h Avenue SE. BUDGET IMPACT: None BACKGROUND: On April 21, 2005, the Hearing Examiner issued Findings, ' Conclusions and a Decision granting approval of a preliminary plat, with 21 conditions. The applicant has complied with the conditions required prior to recording. S\Permit\Plan\longplats\2006\2063966-FSU-2003-9cc DOC Enclosure Conditions of approval—Hearing Examiner PARK VIEW #SU-2003-9 On April 21, 2005, the City of Kent Hearing Examiner approved the Park View #SU-2003-9 long subdivision with the following approved conditions. A. Prior to Recording this Subdivision: 1. The Owner / Subdivider shall pay all Charges in Lieu of Assessments and/or Latecomer Fees, if any, prior to scheduling the Pre-Construction Conference and/or prior to recording this plat, whichever comes first. 2. The Owner / Subdivider shall provide Public Works with a digital plat map ' prepared with a CAD program. The digital information can be formatted in either *.DWG (AutoCad) or *.DXF (Drawing Exchange File), but must be based upon State Plane coordinates: an assumed coordinate system is not permitted. The State Plane Coordinates shall be on the NAD 83/91 datum and relate to at least two City of Kent reference points within one half mile of the subdivision. In addition, the project shall be tied into at least two City of Kent NAD 88 vertical ' benchmarks and two additional permanent benchmarks shall be established within the project. The elevations of these benchmarks will be reported at the time as-built drawings are submitted along with field notes sufficient to verify ' their accuracy. 3. The Owner / Subdivider shall submit and receive City approval of engineering drawings from the Department of Public Works, and shall then either construct or bond for the following: a. A gravity sanitary sewer system to serve all lots. This development will be served by the Soos Creek Water & Sewer ' District and will be constructed to Soos Creek Water & Sewer District standards and specifications. The Owner / Subdivider shall submit a letter of Sewer Availability from the District prior to preliminary plat ' approval. The septic system serving the existing home(s) within the proposed subdivision - if any - shall be abandoned in accordance with King County Health Department Regulations. 1 b. A water system meeting domestic and fire flow requirements for all lots. This development will be served ty Water District #111 and will be constructed to Water District #111' standards and specifications. The Owner / Subdivider shall submit a letter of Water Availability from the District prior to preliminary plat approval. Existing wells — if any - shall be abandoned in accordance with the requirements of the Department of Ecology C. A stormwater system. The Engineering Plans must meet the minimum requirements of the City of Kent Construction Standards and 2002 City of Kent Surface Water Design Manual (KSWDM). Initial guidance for the ' Engineering Plans are given below (See Chapter 2 of KSWDM for detailed submittal requirements): (1) The Engineering Plans will include at a minimum: Site improvement plans which include all plans, details, notes and specifications necessary to construct road, drainage, and other ' related improvements. The engineering plans shall include a technical information report (TIR) which contains all the technical information and analysis to develop the site improvement plans. , (2) An erosion and sedimentation control (ESC) plan shall be included in the engineering plans. The ESC shall meet the requirements of , the City of Kent Construction Standards, and the 2002 City of Kent Surface Water Design Manual. These plans must reflect the Detailed Grading Plan discussed below, and the Planning , Department approved Detailed Tree Plan (3) The retention / detention and release standard that will be met by ' the subdivision is Level Two. The water quality menu that will be met by the subdivision is the Resource Stream Protection Menu. ' (4) The site improvement plans and technical information report will contain drainage calculations and a drawing of the retention / detention pond tract at an appropriate engineering scale. The site improvement plans will also show that all required stormwater management facilities will be outside of delineated wetlands and , their buffers, as well as outside of creeks and rivers and their buffers. (5) A level 2 downstream analysis is required for this development, ' and it will include an analysis for capacity, erosion potential, and water quality. Refer to the requirements of Technical Information , Reports in Section 3: "Offsite Analysis", of the 2002 City of Kent Surface Water Design Manual for the specific information required for downstream analyses. The downstream analysis shall be done for the reach downstream of the existing wetland as well as the reach along SE 288`h Street. The Applicant / Owner shall consult with King County regarding any drainage complaints for the downstream reach. These complaints shall be incorporated into the downstream analysis. Park View ' #SU-2003-9 Conditions of Approval , Page 2 of 11 (6) As development occurs within this subdivision, roof downspouts for each roofed structure (house, garage, carport, etc.) shall be directed to a Roof Downspout Infiltration System meeting the requirements of Section 5.1 of the 1998 King County Surface Water Design Manual. These roof downspout conveyance and infiltration systems shall include overflow pipes connected to an approved dispersion system. The face of the recorded subdivision shall contain the following restriction: AS A CONDITION OF BUILDING PERMIT ISSUANCE, RESIDENCES CONSTRUCTED ON LOTS OF THIS SUBDIVISION MUST PROVIDE ROOF DOWNSPOUT INFILTRATION SYSTEMS PER DETAILS SHOWN ON THE APPROVED DRAINAGE PLANS. tIf the sods report determines that infiltration trenches are not appropriate for this site, the applicant / owner shall also include 1 Dispersion or Native Growth Open Space BMPs in the Drainage Plans in accordance with the King County Surface Water Design Manual. The Dispersion or Native Growth Open Space BMPs shall ' be established from the overflow of the roof downspout infiltration system. (7) If determined necessary by the Public Works Department following review and approval of the downstream analysis, the Owner / Subdivider shall provide public drainage easements ' meeting the requirements of the City of Kent Construction Standards for the specified downstream reach where adequate public drainage easements do not currently exist. (8) The Owner / Subdivider shall submit Landscape Plans for within and surrounding the retention / detention facility to the Planning Department and to the Department of Public Works for concurrent review and approval prior to, or in conjunction with, the approval of the Engineering Plans. These Landscape Plans shall meet the ' minimum requirements of the City of Kent Construction Standards, and the stormwater management landscaping requirements contained within the 1998 King County Surface Water Design Manual. Landscape Plans are required to show ' adjacent Street Trees so that the City arbonst can assess potential adverse stress upon all types of vegetation. (9) The Owner / Subdivider shall execute Declaration of Stormwater Facility Maintenance Covenants for the private portions of the drainage system prepared by the Property Management Section of ' the Department of Public Works. See Reference 8-F, Declaration of Stormwater Facility Maintenance Covenant, to the 2002 City of Park View #SU-2003-9 Conditions of Approval Page 3 of 11 Kent Surface Water Design Manual for information on what is ' contained within this document. d. A Detailed Grading Plan for the entire subdivision meeting the requirements of the Uniform Budding Code, the City of Kent Construction Standards, and City of Kent Development Assistance Brochure #1-3, Excavation and Grading Permits & Grading Plans. Initial guidance for these plans is given below: (1) These plans will include provisions for utilities, roadways, retention / detention ponds, stormwater treatment facilities, and a building footpad for each lot. (2) These plans shall be designed to eliminate the need for processing several individual Grading Permits upon application for Budding ' Permits. e. Interim Street Improvement Plans for 1441h Avenue Southeast along the entire property frontage thereon. These Interim Street Improvement Plans shall meet the requirements of the City of Kent Construction Standards, and Gty of Kent Development Assistance Brochures #6-2, , Private and Public Street Improvements, and # 6-8, Street Improvement Plans, for a street designated as a Residential Collector Arterial Street by the City of Kent Master Plan of Roadways. Initial guidance for the ' necessary interim street improvements is given below: (1) Combined vertical concrete curbs & gutters, a 5-foot wide planter strip, and a 5-foot cement concrete sidewalk on the west side of the street. (2) A minimum of 18-feet of asphalt pavement as measured from the , centerline of the right-of-way or City-approved roadway centerline to the vertical face of curb on the west side of the street, plus at least 12-feet of asphalt pavement as measured from the approved centerline to the edge of the traveled lane on the east side of the street. (3) An approved shoulder on the east side of the street. (4) A City-approved street lighting system. , (5) Public stormwater conveyance, detention and treatment facilities ' as applicable. 1 (6) Street Trees installed wAira the 5-foot wide planting strips , constructed between the back of curb and the front of the cement concrete sidewalk. These Street Trees will be located as approved Park View ' #SU-2003-9 Conditions of Approval Page 4 of 11 by the Public Works and Planning Departments, and the species shall be selected from the Approved Street Tree List contained within City of Kent Development Assistance Brochure #14, Gty of Kent Street Trees. f. Street Improvement Plans for Southeast.2881h Street for the entire property frontage thereon. The Applicant / Owner will be required to submit and receive approval of Street Improvement Plans for Southeast ' 288th Street from King County before obtaining the required King County Right-of-Way Permit necessary to work within their right-of-way. The Applicant / Owner shall then construct the required street improvements ' prior to, or in conjunction with the issuance of City of Kent construction permits for the required subdivision roadway and utility improvements. These Street Improvement Plans shall meet the standards and requirements for a street designated as a Neighborhood Collector Street by King County. g. Interim Street Improvement Plans for the off-site portions of 1441h Avenue Southeast and Southeast 2881h Street from the end of the frontage improvements identified above to the intersection of the two roadways having frontage along this development. These Interim Street Improvement Plans shall meet the requirements of the City of Kent Construction Standards, and City of Kent Development Assistance Brochures #6-2, Private and Pubbc Street Improvements, and # 6-8, Street Improvement Plans, for a street designated as a Residential Collector Arterial Street by the City of Kent Master Plan of Roadways for 144th Avenue Southeast and King County Neighborhood Collector Street standards for improvements along Southeast 288th Street. Initial guidance for the necessary interim street improvements for that portion lying within the City of Kent is given below. For the portion lying within the Southeast 2881h Street right-of-way, King County shall determine appropriate conditions. This will coordinated with the City of Kent Public Works Department to assure compatibility of the two roadway designs. (1) A minimum of 24-feet of asphalt pavement as measured from edge of pavement to edge of pavement with a minimum 35-foot pavement edge return at the northwest corner of the intersection. (2) A minimum 6-foot wide vertically separated asphalt paved shoulder / walkway on the west side of the roadway. An approved gravel shoulder on the east side of the street. (3) A City-approved street lighting system. (4) Public stormwater facilities as applicable. Park View #SU-200.3-9 Conditions of Approval Page 5 of 11 h. Street Improvement Plans for the new public Residential Streets identified ' as Roads A and C on the preliminary plat and connected to Southeast 2881h Street. The Street Improvement Plans for these streets shall be designed in conformance to the requirements for a Residential Street as required by City of Kent Construction Standards, and City of Kent Development Assistance Brochures #6-2, Private and Public Street Improvements and City of Kent Development Assistance Brochure # 6-8, Street Improvement Plans for streets 28-feet wide. Initial guidance for these street improvements is given below: (1) Combined vertical curbs & gutters, a 5-foot wide planting strip constructed between the back of curb and the front of the sidewalk, and then 5-foot wide cement concrete sidewalks along both sides of each street. (2) A minimum of 28-feet of asphalt pavement, measured from vertical face of curb to vertical face of curb; a minimum of 45-feet to face of curb for the cul-de-sac. (3) A street lighting system designed to the City's standards, constructed and maintained by the IntoLight Division of Puget Sound Energy; all electrical and maintenance bills shall be paid for by a Home Owner's Association. (4) A public stormwater drainage system, including provisions for , collection, conveyance, detention, and treatment facilities. (5) Curb return radii of 20-feet at all intersections of the subdivision , streets, including the intersections with 144th Avenue Southeast and Southeast 288th Street. (6) Note: the east right-of-way margin of proposed Road A, along the abutting parcels to the east, must be coincident with the east property line of this subdivision to allow access to those abutting properties in the future, if determined necessary by the City. (7) Street Trees installed within the 5-foot wide planting strips. These ' Street Trees will be located as approved by the Public Works and Planning Departments, and the species shall be selected from the ' Approved Street Tree List contained within City of Kent Development Assistance Brochure #14, City of Kent Street Trees. i. Street Improvement Plans for the new public Residential Streets identified as Road B and Road D on the preliminary plat and connected to 144th Avenue Southeast and to Road A. The Street Improvement Plans for these streets shall be designed in conformance to the requirements for a Residential Street as required by City of Kent Construction Standards, and Park View ' #SU-2003-9 Conditions of Approval ' Page 6 of 11 1 City of Kent Development Assistance Brochures #6-2, Private and Public Street Improvements and City of Kent Development Assistance Brochure ' # 6-8, Street Improvement Plans for streets 28-feet wide. Initial guidance for these street improvements is given below: (1) Combined vertical curbs & gutters, a 5-foot wide planting strip constructed between the back of curb and the front of the sidewalk, and then 5-foot wide cement concrete sidewalks along the development side of each street. (2) A minimum of 20-feet of asphalt pavement, measured from vertical face of curb to the edge of asphalt pavement on the other side of the street. (3) A street lighting system designed to the City's standards, constructed and maintained by the IntoLight Division of Puget Sound Energy; all electrical and maintenance bills shall be paid for by a Home Owner's Association. (4) A public stormwater drainage system, including provisions for ' collection, conveyance, detention, and treatment facilities. (5) Curb return radii of 20-feet at all intersections of the subdivision streets, including the intersections with 144th Avenue Southeast and Road A. (6) Street Trees installed within the 5-foot wide planting strips. These Street Trees will be located as approved by the Public Works and Planning Departments, and the species shall be selected from the Approved Street Tree List contained within City of Kent Development Assistance Brochure #14, Clty of Kent Street Trees. I. Street Improvement Plans for the new Private Residential Streets connected to new public Residential Streets. The Street Improvement Plans for this street shall be designed in conformance to the requirements ' for a Private Residential Street as required by City of Kent Construction Standards, and City of Kent Development Assistance Brochure #6-2, Private and Public Street Improvements and City of Kent Development Assistance Brochure # 6-8, Street Improvement Plans Initial guidance for these street improvements is given below: (1) A minimum of 20-feet 'of asphalt concrete pavement is suggested for each private street serving four or more lots; a minimum width of 16-feet of asphalt concrete pavement is required for each 1 private street serving two or three Lots. Park View #SU-2003-9 Conditions of Approval Page 7 of 11 (2) A private stormwater drainage system, including provisions for conveyance, detention, and treatment facilities where applicable. (3) Unless additional asphalt concrete pavement width is provided for parking, all minimum width private streets serving more than two lots shall have pavement markings and traffic signs installed which , clearly designate these private streets as Fire Lanes, where no parking will be permitted. (4) Each private street must be centered within a private roadway tract or easement that is at least 1-foot wider than the total paved width of the private street. ' k. Street Light Plans for 144th Avenue Southeast, Southeast 288" Street, and for all internal Residential Streets meeting the requirements of the City of Kent Construction Standards, and City of Kent Development Assistance Brochure #6-1, Street Lighting Requirements. 4. The Owner / Subdivider shall create a Homeowner's Association for this , subdivision to ensure that the property owners within this subdivision are advised of their requirement to pay for the provided street lighting system. Those sections of the required document written to govern that association as they relate to any IntoLight Division of Puget Sound Energy street lighting systems, shall be reviewed and approved by the Department of Public Works, prior to the recording these documents. 5. The face of the final plat will clearly identify all private streets, and which parcels , will be served by those private streets. The face of the final plat will also specify that the maintenance of all private streets is the sole responsibility of the property owners who are served by those private streets. 6. Direct vehicular access to and from lots having frontage along 144th Avenue Southeast and along Southeast 288th Street is prohibited, and the face of the ' final plat will carry the following restriction: DIRECT VEHICULAR ACCESS TO AND FROM LOTS HAVING FRONTAGE ALONG 144T" , AVENUE SOUTHEAST AND ALONG SOUTHEAST 288T" STREET IS PROHIBITED. ACCESS FOR THESE LOTS IS RESTRICTED TO THE NEW RESIDENTIAL STREETS SHOWN ON THE FACE OF THIS PLAT. 7. The Owner / Subdivider shall deed all public rights-of-way, and otherwise convey ' all private and public easements necessary for the construction and maintenance of the required improvements for this subdivision development. 8. The Owner / Subdivider shall submit and receive approval of a Detailed Tree Plan, meeting the requirements of the Kent Zoning Code, and Gty of Kent Development Assistance Brochure #3, Detailed Tree Plans, prior to the issuance Park View ' #SU-Z003-9 Conditions of Approval Page 8 of 11 of any Construction Permits for the subdivision. Grading Plans cannot be approved by the Department of Public Works without an approved Detailed Tree ' Plan. Detailed Tree Plans are not to be confused with required Street Tree Plans, which have an entirely different purpose. 9. The Owner / Subdivider shall permanently protect the approved and preserved, and/or enhanced, or created wetland(s) and its buffer(s) by creating a separate Sensitive Area Tract and deeding the tract in fee simple to the City, OR by granting a Sensitive Area Easement to the City for the entire sensitive area, in conformance with the requirements of the City of Kent Wetlands Management Code. This Sensitive Area Tract or Easement shall be consistent with the wetland ' and wetland buffer map contained within the approved Wetland Delineation Report and/or approved Wetland Mitigation Plan as appropriate. The Owner / Subdivider shall provide a legal description of said easement or tract prepared by a licensed land surveyor, prior to issuance of any Construction Permits. The Sensitive Area Tract and the following language shall be included on the face of the recorded plat: SENSITIVE AREA TRACTS / EASEMENTS L DEDICATION OF A SENSITIVE AREA TRACT / EASEMENT CONVEYS TO THE PUBLIC A BENEFICIAL INTEREST IN THE LAND WITHIN THE TRACT. THIS INTEREST INCLUDES THE PRESERVATION OF NATIVE VEGETATION FOR ALL PURPOSES THAT BENEFIT THE PUBLIC HEALTH, SAFETY AND WELFARE, INCLUDING CONTROL OF SURFACE WATER ' AND EROSION, MAINTENANCE OF SLOPE STABILITY, VISUAL AND AURAL BUFFERING, AND PROTECTION OF WATER QUALITY, PLANT ECOLOGY AND WILDLIFE HABITAT. THE SENSITIVE AREA TRACT / EASEMENT IMPOSES UPON ALL PRESENT AND FUTURE OWNERS AND OCCUPIERS OF THE LAND SUBJECT TO THE TRACT / EASEMENT THE OBLIGATION, ENFORCEABLE ON BEHALF OF THE PUBLIC BY THE CITY OF KENT, TO LEAVE UNDISTURBED ALL TREES AND OTHER VEGETATION WITHIN THE TRACT THE I VEGETATION WITHIN THE TRACT MAY NOT BE CUT, PRUNED, COVERED BY FILL, REMOVED OR DAMAGED WITHOUT APPROVAL IN WRITING FROM THE CITY OF KENT. THE COMMON BOUNDARY BETWEEN THE TRACT / EASEMENT AND THE AREA OF DEVELOPMENT ACTIVITY MUST BE MARKED OR OTHERWISE FLAGGED TO THE SATISFACTION OF THE CITY OF KENT PRIOR TO ANY CLEARING, GRADING, BUILDING CONSTRUCTION OR OTHER DEVELOPMENT ACTIVITY. THE REQUIRED MARKING OR FLAGGING SHALL REMAIN IN PLACE UNTIL ALL DEVELOPMENT ACTIVITIES IN THE VICINITY OF THE SENSITIVE AREA TRACT ARE COMPLETED NO BUILDING FOUNDATIONS, STRUCTURES, FILL OR OBSTRUCTIONS (INCLUDING, BUT NOT LIMITED TO DECKS, PATIOS, OUTBUILDINGS AND OVERHANGS) ARE ALLOWED WITHIN 15 FEET OF THE SENSITIVE AREA TRACT / EASEMENT BOUNDARY, UNLESS OTHERWISE APPROVED BY THE CITY. THE CITY OF KENT RESERVES THE RIGHT TO INSTALL PUBLIC UNDERGROUND UTILITIES WITHIN THIS SENSITIVE AREA TRACT, AND TO ENTER AND PERFORM DRAINAGE SYSTEM MAINTENANCE, BUT IS REQUIRED TO RESTORE OR ENHANCE THE SENSITIVE AREAS DISTURBED UPON THE COMPLETION OF THE UNDERGROUND CONSTRUCTION, AND/OR DRAINAGE SYSTEM MAINTENANCE. Park View #SU-2003-9 Conditions of Approval Page 9 of 11 10. After construction, the wetland and buffer areas shall be isolated from intrusion and/or disturbance using landscaping, or other appropriate screens, as well as an approved permanent wildlife-passable fence. In addition, Wetland Information Signs approved by the Department of Public Works shall be placed at the wetland buffer edge to inform and educate owners and nearby residents about the value of wetlands. 11. Prior to release of any construction bonds, and prior to the approval of any ' Building Permits within the subject subdivision, the Department of Public Works must receive and approve As-Built Drawings meeting the requirements of the City of Kent Construction Standards, and Gty of Kent Development Assistance Brochure #E-1, As-Build Drawings, for: Streets; Street Lighting System; Water; Sewer; Stormwater Drainage Facilities; and all off-site improvements where the locations and/or elevations are deemed critical by the Department of Public , Works. 12. The Owner/Subdivider shall install break-away mailbox clusters at locations and per standards of the Kent Postmaster and Public Works Department. 13. The Owner/Subdivider shall provide documentation regarding the location of the existing well and the minimum 100 foot well protection radius surrounding the well on the adjacent property (King County Tax Parcel #3422059120). This information shall be provided prior to submission of civil construction plans for the subdivision. If the 100 foot well protection radius extends onto the Parkview property, a well protection easement shall be provided in accordance with regulations from Title 12 of the King County Board of Health Code, and WAC 173-160-171. 14. The Owner/Subdivider shall obtain the appropriate permits and either remove or relocate the existing structures on the site in order to comply with Kent City Code. 15. The Owner/Subdivider shall provide a survey of the location of the existing ' residence south of the property which is approximately 10 feet from the new proposed 1/2 street (Road D) serving the subdivision. This property is identified as King County Tax Parcel #3422059109, #3422059186 and is currently owned by Mr. David Chapman. The house shall be recognized as a legally existing non- conforming use if it is currently located within the required setback area. 16. The Owner/Subdivider shall install a solid wood fence along the common property line between King County Tax Parcel #3422059109, #3422059186, currently owned by Mr. David Chapman to provide privacy and a screen of the existing residence. 17. The Owner/Subdivider shall install a fence along the common property line t between the Johnson property and proposed Lots 35-43, if the Johnsons agree Park View #SU-2003-9 Conditions of Approval ' Page 10 of 11 to contribute 1A! of the cost of the installation of the fence. The primary purpose of the fence is to provide a buffer between and more Intensive and less Intensive use of residential properties. As such, the fence should be solid wood, wood slats, or split rail fence that provides a visual buffer between the two properties, as determined appropriate by the Planning Department. The Owner/Subdivider must submit an approved fencing plan (Including style and time for construction) and cost estimate to the Johnsons prior to receiving a building permit for construction of homes on Lots 35-43 The Johnsons must contribute one-half (1/2) of the cost of the proposed fence within 30 days of receipt of the proposal. If the contribution is not forthcoming within that time, each party may construct whatever fence Is desired along the common property line or none at all." B. Prior to the Issuance of a Building Permit on any lot in this subdivision, the Owner / Subdivider shall: 1 1. Record the Plat. 2. Pay the Environmental Mitigation Fee for that lot. 3. Construct all of the improvements required above. ' 4. Submit and receive City approval for As-Built Drawings meeting the requirements of City of Kent Development Assistance Brochure #E--1, As-Build Drawings, for street improvements, stormwater management system, street lighting system, and other off-site Improvements where determined necessary by the City. S.\Permit\Plan\LONGPLATS\2003\2063966-2003-9conditions doc 1 Park View #SU-2003-9 Conditions of Approval Page 11 of 11 1 1 x ' rt u n r n si 34 3 I 21 s _ gn " leoe►p c40 N I 1 ID A 1 • i 442 ! 7 I - - - PtOAD G - l _ q• ' M ' wu�.a•wow W 111ACT s I APPLICATION NAME: PARK VIEW /� 1 REQUEST: #SU-2003-9 f4 SITE MAP 1 Kent City Council Meeting Date February 6, 2007 Category Consent Calendar 1. SUBJECT: HIGHLAND ESTATES FINAL PLAT—APPROVE 2. SUMMARY STATEMENT: Approve the final plat mylar for Highland Estates South and authorize the Mayor to sign the mylar. Meridian Highlands, LLC., proposes to subdivide approximately 5 28 acres into 25 single-family residential lots. The property is located at 26203 124"' Avenue SE. 3. EXHIBITS: Map and Memo with conditions 4 RECOMMENDED BY: Community Development & Public Works Dept. 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 1 DISCUSSION: ACTION: Council Agenda Item No. 6E COMMUNITY DEVELOPMENT Fred N Satterstrom, AICP, Director L KENT PLANNING SERVICES Charlene Anderson, AICP, Manager ions Ht.GTOn Phone 253-856-5454 Fax 253-856-6454 Address 220 Fourth Avenue S Kent,WA 98032-5895 DATE: February 6, 2007 TO: MAYOR SUZETTE COOKE, COUNCIL PRESIDENT DEBORAH RANNIGER AND CITY COUNCIL MEMBERS FROM: CHARLENE ANDERSON, AICP, PLANNING MANAGER 1 THROUGH: MAYOR SUZETTE COOKE SUBJECT: HIGHLAND ESTATES SOUTH FINAL PLAT (#FSU-2004-8/KIVA#2064394) MOTION: Approve the final plat mylar for Highland Estates South and authorize the Mayor to sign the mylar. SUMMARY: Meridian Highlands, LLC., proposes to subdivide approximately 5.28 acres into 25 single-family residential lots The property is located at 26203 124`' Avenue SE. BUDGET IMPACT: None jBACKGROUND: On March 30, 2005, the Hearing Examiner issued Findings, Conclusions and a Decision granting approval of a preliminary plat, with 18 conditions. IThe applicant has complied with the conditions required prior to recording. I S\Permit\Plan\longplats\2006\2064394-FSU-2004-8cc DOC Enclosure Conditions of approval—Hearing Examiner 11 t HIGHLAND ESTATES SOUTH #SU-2004-8 On March 30, 2005, the City of Kent Hearing Examiner approved the Highland Estates South #SU-2004-8 with the following conditions: A Prior to Recording this Subdivision: 1 1. The Owner / Subdivider shall pay all Charges in Lieu of Assessments and/or Latecomer Fees, if any, prior to scheduling the Pre-Construction Conference and/or prior to recording this plat, whichever comes first 2. The Owner / Subdivider shall provide Public Works with a digital plat map prepared with a CAD program The digital information can be formatted in either * DWG (AutoCad) or * DXF (Drawing Exchange File), but must be based upon State Plane coordinates an assumed coordinate system is not permitted The State Plane Coordinates shall be on the NAD 83/91 datum and relate to at least two City of Kent reference points within one half mile of the subdivision In addition, the project shall be tied into at least two City of Kent NAD 88 vertical benchmarks and two additional permanent benchmarks shall be established within the project The elevations of these benchmarks will be reported at the time as-built drawings are submitted along with field notes sufficient to verify their accuracy. 3. The Owner / Subdivider shall submit and receive City approval of engineering drawings from the Department of Public Works, and shall then either construct or bond for the following. a. A gravity sanitary sewer system to serve all lots. The public sanitary sewer system shall be sized and iextended across the entire subdivision as needed to serve adjacent properties within the same service area as determined necessary by the sanitary sewer purveyor. The septic system serving the existing home(s) within the proposed subdivision - if any - shall be abandoned in accordance with King County Health Department Regulations fb. A water system meeting domestic and fire flow requirements for all lots. HIGHLAND ESTATES SOUTH #SU-2004-8 Conditions of Approval Page 2 of 11 This development will be served by Water District #111 and will be constructed to Water District #111 standards and ■ specifications Existing wells — if any - shall be abandoned in accordance with the requirements of the Department of Ecology C. A stormwater system The Engineering Plans must meet the minimum requirements of the City of Kent Construction Standards and 2002 City of Kent Surface Water Design , Manual (KSWDM) Initial guidance for the Engineering Plans are given below (See Chapter 2 of KSWDM for detailed submittal requirements) (1) The Engineering Plans will include at a minimum- Site improvement plans which include all plans, details, notes and specifications necessary to construct road, drainage, and other related improvements. The engineering plans shall include a technical information report (TIR) which contains all the technical information and analysis to develop the site improvement plans. (2) An erosion and sedimentation control (ESC) plan shall be included in the engineering plans The ESC shall meet the requirements of the City of Kent Construction Standards, and the 2002 City of Kent , Surface Water Design Manual These plans must reflect the Detailed Grading Plan discussed below, and the Planning Department approved Detailed Tree Plan (3) The retention / detention and release standard that ' will be met by the subdivision is Level Two The water quality menu that will be met by the subdivision is the Resource Stream Protection Menu (4) The site improvement plans and technical information report will contain" drainage calculations and a drawing of the retention / detention pond tract The site improvement plans will also show that all required stormwater management facilities will be outside of ' i i HIGHLAND ESTATES SOUTH #SU-2004-8 j Conditions of Approval Page 3 of 11 delineated wetlands and their buffers, as well as outside of creeks and their buffers (5) A level two downstream analysis is required for this development, and it will include an analysis for capacity, erosion potential, and water quality Refer to the requirements of Technical Information Reports in Section 3 "Offsite Analysis", of the 2002 City of Kent Surface Water Design Manual for the specific ' information required for downstream analyses (6) As development occurs within this subdivision, roof downspouts for each roofed structure (house, garage, carport, etc.) shall be directed to Roof Downspout Controls per Chapter 5.1 of the 1998 King County Surface Water Design Manual (7) If determined necessary following review and approval of the downstream analysis by the Public Works Department, the Owner / Subdivider shall provide public drainage easements meeting the requirements of the City of Kent Construction Standards for the specified downstream reach where adequate public drainage easements do not currently exist (8) The Owner / Subdivider shall submit Landscape Plans for within and surrounding the retention / detention facility to the Planning Department and to the Department of Public Works for concurrent review and approval prior to, or in conjunction with, the approval of the Engineering Plans These Landscape Plans shall meet the minimum requirements of the City of Kent Construction Standards, and the stormwater management landscaping requirements contained within the 1998 King County Surface Water Design Manual Landscape Plans are required to show adjacent Street Trees so that the City arborist can assess potential impacts on the final design. (9) The Owner / Subdivider shall execute Declaration of Stormwater Facility Maintenance Covenants for the HIGHLAND ESTATES SOUTH #SU-2004-8 Conditions of Approval Page 4 of 11 private portions of the drainage system prepared by the Property Management Section of the Department of Public Works See Reference 8-F, Declaration of Stormwater Facility Maintenance Covenant, to the 2002 City of Kent Surface Water Design Manual for information on what is contained within this document d A Detailed Grading Plan for the entire subdivision meeting the requirements of the Uniform Building Code, the CitV of Kent Construction Standards, and City of Kent Development Assistance Brochure #1-3, Excavation and Grading Permits & Grading Plans. Initial guidance for these plans is given below (1) These plans will include provisions for utilities, roadways, retention / detention ponds, stormwater treatment facilities, and a building footpad for each lot. (2) These plans shall be designed to eliminate the need for processing several individual Grading Permits upon application for Building Permits. e. Street Improvement Plans for 124th Avenue Southeast along the entire property frontage thereon These Street Improvement Plans shall meet the requirements of the City of Kent Construction Standards, and City of Kent Development Assistance Brochures #6-2, Private and Public Street Improvements, and # 6-8, Street Improvement Plans, for a street designated as a Residential Collector Arterial Street by the City of Kent Master Plan of Roadways Initial guidance for the necessary interim street improvements is given below (1) Combined vertical concrete curbs & gutters, a 5-foot t wide planter strip, and a 5-foot cement concrete sidewalk along the west side of the street The sidewalk shall run the entire length of the subject property NOTE the cement sidewalk constructed along the west side of the street will be extended off- , site to the north in order to provide a safe pedestrian walkway to SE 261st Street. In lieu of a cement concrete sidewalk, Applicant shall provide a 5-foot HIGHLAND ESTATES SOUTH #SU-2004-8 Conditions of Approval Page 5 of 11 level gravel or bark walkway extending from the northwest corner of the subject property (Tract C) to the corner of SE 261 st Street and 124th Street. (2) A minimum of 18-feet of asphalt pavement as measured from the approved centerline of the street to the face of the new vertical curb constructed along the west side of the street, plus at least 12-feet of asphalt pavement as measured from the approved centerline to the edge of the traveled lane on the east side of the street In no case shall the total street pavement width from the existing face of curb on the east side of the street to the face of the new curb on the west side of the street be less then 36 feet in width. (3) A City-approved street lighting system. NOTE- If the approved street lighting system is PSE-owned and maintained, the power bills for this street lighting system will be paid for by the Home Owner Association (4) Public stormwater conveyance, detention and treatment facilities as applicable (5) A curb return radius of 30-feet at the northwest corner of the intersection of 124th Avenue Southeast with Southeast 263rd Street I (6) Street Trees installed within the 5-foot wide planting strips constructed between the back of curb and the front of the cement concrete sidewalk These Street Trees will be located away from street lights, and the species shall be selected from the Approved Street Tree List contained within City of Kent Development Assistance Brochure #14, City of Kent Street Trees f. Street Improvement Plans Southeast 263`d Street along the entire property frontage thereon as connected to 124th Avenue Southeast on the east. The Street Improvement Plans for this street shall be designed in conformance to the requirements for a Residential Collector Street as required HIGHLAND ESTATES SOUTH #SU-2004-8 Conditions of Approval Page 6 of it by City of Kent Construction Standards, and City of Kent Development Assistance Brochures #6-2, Private and Public Street Improvements and City of Kent Development Assistance Brochure # 6-8, Street Improvement Plans for a street 36-feet wide Initial guidance for these street improvements is given below: (1) Combined vertical curbs & gutters, a 5-foot wide planting strip constructed between the back of curb and the front of the sidewalk, and then 5-foot wide cement concrete sidewalks along the north side of the street. NOTE the new curb & gutter and cement sidewalk constructed along the north side of the street , will be extended off-site to the west as necessary to connect to the existing end of cement concrete sidewalk within the subdivision of Seven Oaks, Division No 1. (2) A minimum of 36-feet of asphalt pavement, as ' measured from the existing face of curb constructed along the south side of the street to the new vertical face of curb constructed along the north side of the street. (3) A street lighting system designed to the City's standards, constructed and maintained by the IntoLight Division of Puget Sound Energy; all electrical and maintenance bills shall be paid for by a Home Owner's Association (4) A public stormwater drainage system, including t provisions for collection, conveyance, detention, and treatment facilities. , (5) Curb return radii of 30-feet at the intersection of Southeast 263rd Street and 124th Avenue Southeast, and curb return radii of 20-feet, or as otherwise approved by the Public Works Department, at the intersection of the new Residential Cul-De-Sac Street. (6) Street Trees installed within the 5-foot wide planting strips. These Street Trees will be located away from i HIGHLAND ESTATES SOUTH #SU-2004-8 Conditions of Approval Page 7 of 11 street lights, and the species shall be selected from the Approved Street Tree List contained within City of Kent Development Assistance Brochure #14, City of Kent Street Trees. g. Street Improvement Plans for the new public Residential Street, Road A, connected to Southeast 263rd Street and terminating with a cul-de-sac at its northeast terminus. The Street Improvement Plans for this street shall be designed in I conformance to the requirements for a Residential Street as required by City of Kent Construction Standards, and City of Kent Development Assistance Brochures #6-21 Pnvate and Public Street Improvements and City of Kent Development Assistance Brochure # 6-8, Street Improvement Plans for a street 28-feet wide. Initial guidance for these street improvements is given below: (1) Combined vertical curbs & gutters, a 5-foot wide planting strip constructed between the back of curb and the front of the sidewalk, and then 5-foot wide cement concrete sidewalks along both sides of the street, except that the planting strip is not required around the cul-de-sac bulb (2) A minimum of 28-feet of asphalt pavement, measured from face of vertical curb to face of vertical curb. (3) A street lighting system designed to the City's standards, constructed and maintained by the IntoLight Division of Puget Sound Energy, all electrical and maintenance bills shall be paid for by a Home Owner's Association j (4) A public stormwater drainage system, including provisions for collection, conveyance, detention, and treatment facilities. (5) Curb return radii of 20-feet at the intersection of this subdivision street and Southeast 263rd Street, and a 45-foot radius to the face of curb for the cul-de-sac. HIGHLAND ESTATES SOUTH #SU-2004-8 Conditions of Approval Page 8 of 11 (6) Street Trees installed within the 5-foot wide planting strips These Street Trees will be located away from street lights, and the species shall be selected from the Approved Street Tree List contained within City of ■ Kent Development Assistance Brochure #14, City of j Kent Street Trees h. Street Improvement Plans for the new Private Residential Streets connected to the new public Residential Street The Street Improvement Plans for these street shall be designed in conformance to the requirements for a Private Residential Street as required by City of Kent Construction Standards, and City of Kent Development Assistance Brochure #6-2, Private and Public Street Improvements and City of Kent Development Assistance Brochure # 6-8, Street Improvement Plans for a street at least 20-feet wide Initial guidance for these street improvements is given below (1) A minimum of 16-feet of asphalt concrete pavement, measured from edge of pavement to edge of pavement, or from face of curb to face of curb for that private street constructed within Tract D, and a minimum of at least 20-feet of asphalt concrete pavement for that private street constructed within Tract B. (2) The private street contained within Tract B will include a 5-foot wide concrete sidewalk along the east side of the street since more than four lots will use the tract for vehicular access. (3) A private stormwater drainage system, including provisions for conveyance, detention, and treatment facilities where applicable (4) Unless additional asphalt concrete pavement width is provided for parking, all minimum width private streets serving more than two lots shall have pavement markings and traffic signs installed which clearly designate these private streets as Fire Lanes, where no parking will be permitted. HIGHLAND ESTATES SOUTH #SU-2004-8 Conditions of Approval Page 9 of it (5) The private streets should be centered within a private roadway tract or easement that is at least 1- foot wider than the total paved width of the private Istreet L Street Light Plans for 1241h Avenue Southeast, Southeast 263,d Street and for the new Residential Street serving this subdivision These plans must meet the requirements of the City of Kent Construction Standards, and City of Kent Development Assistance Brochure #6-1, Street Lighting Requirements 4. The Owner/ Subdivider shall create a Homeowner's Association for this subdivision to ensure that the property owners within this subdivision are advised of their requirement to pay for the provided street lighting system Those sections of the required document written to govern that association as they relate to any IntoLight Division of Puget Sound Energy street lighting systems, shall be reviewed and approved by the Department of Public Works, prior to the recording these documents 5. The face of the final plat will clearly identify all private streets, and which parcels will be served by those private streets The face of the final plat will also specify that the maintenance of all private streets is the sole responsibility of the property owners who are served by those private streets. 6. Direct vehicular access to and from lots having frontage along 124th Avenue Southeast and along Southeast 263rd Street is prohibited, and the face of the final plat will carry the following restriction. DIRECT VEHICULAR ACCESS TO AND FROM LOTS HAVING FRONTAGE ALONG 124T" AVENUE SOUTHEAST AND/OR ALONG 263RD STREET IS PROHIBITED DIRECT VEHICULAR ACCESS FOR THESE LOTS IS RESTRICTED TO ROAD A AND THE PRIVATE STREETS SHOWN HEREON. 7. The Owner / Subdivider shall deed all public rights-of-way, and otherwise convey all private and public easements necessary for the construction and maintenance of the required improvements for this subdivision development HIGHLAND ESTATES SOUTH ! #SU-2004-8 Conditions of Approval Page 10 of 11 8 The Owner f Subdivider shall submit and receive approval for a Detailed Tree Plan, meeting the requirements of the Kent Zoning Code, and City of Kent Development Assistance Brochure #3, Deta)led Tree Plans, prior to the issuance of any Construction Permits for the subdivision Grading Plans cannot be approved by the Department of Public Works without an approved Detailed Tree Plan Detailed Tree Plans are not to be confused with required Street Tree Plans, which have an entirely different purpose 9. Prior to release of any construction bonds, and prior to the approval of any Building Permits within the subject subdivision, the Department of Public Works must receive and approve As-Built Drawings meeting the requirements of the City of Kent Construction Standards, and City of Kent Development Assistance Brochure #E- , 1, As-Build Drawings, for Streets, Street Lighting System, Water, Sewer, Stormwater Drainage Facilities, and all off-site improvements where the locations and/or elevations are deemed critical by the Department of Public Works. 10. The Owner/Subdivider shall install break-away mailbox clusters at locations and per standards of the Kent Postmaster and Public Works Department 11. The Owner/Subdivider shall revise Lot 22 in accordance with Kent City Code Section 15 04 170 regarding minimum lot width prior to recording the final plat. 12. The Owner/Subdivider shall obtain the appropriate permits and either remove or relocate the existing structures on the site in order to comply with Kent City Code 13. The Owner/Applicant shall provide traffic calming devices along SE ' 263rd Street as determined appropriate by the Public Works Department, Planning ,Services and Fire Prevention after consultation with area residents, including the Seven Oaks East Homeowners Association. Traffic calming devices to be considered may include traffic circles, chokers, chicanes and major bulb-outs (Level 2 Elements) as well as stop signs, warning signs, gateway signs, speed signs, and enforcement (Level 1 Elements) HIGHLAND ESTATES SOUTH #SU-2004-8 Conditions of Approval Page 11 of 11 14. The Owner/Applicant shall provide a pedestrian connection from the end of the new cul-de-sac to 1241h Avenue SE as approved by the Public Works Department B Prior to the issuance of a Building Permit on any lot in this subdivision, the Owner/Subdivider shall. 1 . Record the Plat. 2. Pay the Environmental Mitigation Fee for that lot. 3. Construct all of the improvements required above. 4. Submit and receive City approval for As-Built Drawings meeting the requirements of City of Kent Development Assistance Brochure #E- 1, As-Budd Drawings, for street improvements, stormwater management system, street lighting system, and other off-site improvements where determined necessary by the City S TPermitTPlanTLONGPLATSTNAL PLATST200612064394-2004-Bconditions doc i II �f. T J1•. kit &Moan 1 y � " . ions 1 1 • ' • III : Kent City Council Meeting Date February 6, 2007 Category Consent Calendar 1. SUBJECT: DEPARTMENT OF SOCIAL & HEALTH SERVICES CLIENT SERVICE CONTRACT FOR SAFE HEAVENS SERVICES — AUTHORIZE AND AMEND BUDGET 2. SUMMARY STATEMENT: Accept the Department of Social & Health Services Grant of$32,664 to fund Safe Havens services, approve the expenditure of funds in the Safe Havens budget, and authorize the Mayor to enter into an agreement with the State of Washington The State of Washington DSHS Grant funds will be used to provide services to low income families at the Safe Havens Visitation and Exchange Center Funds will be used for personnel costs to operate the program. 3. EXHIBITS: State of Washington Access and Visitation Client Service Contract No. 0713-06816 4. RECOMMENDED BY: Parks and Human Services Committee (Committee, Staff, Examiner, Commission, etc.) S. FISCAL IMPACT Expenditure9 X Revenue? X Currently in the Budget? Yes X No If no: Unbudgeted Expense: Fund 1­100010 Amount $32,664.00 Unbudgeted Revenue: Fund H00010 Amount $32,664.00 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds i DISCUSSION: ACTION: Council Agenda Item No. 6F PARKS, RECREATION AND COMMUNITY SERVICES Jeff Watling, Director Phone: 253-856-5100 K E N T Fax: 253-856-6050 WASHI.GTOW Address: 220 Fourth Avenue S. Kent, WA 98032-5895 ITEM #2 DATE: January 18, 2007 TO: Kent City Council Parks and Human Services Committee FROM: Katherin Johnson, Housing and Human Services Manager THROUGH: Jeff Watling, Director Parks, Recreation & Community Services SUBJECT: DSHS Client Service Contract for Safe Havens Services - Authorize and Amend Budget MOTION: Move to recommend authorizing the Mayor to enter into an I agreement with the State of Washington, accepting the DSHS Grant of $32,664.00 to fund Safe Havens services and approving the expenditure of funds in the Safe Havens budget. SUMMARY: The State of WA DSHS Grant funds will be used to provide services to low income families at the Safe Havens Visitation and Exchange Center. Funds will be used for personnel costs to operate the program. EXHIBITS: State of WA Access and Visitation Client Service Client Service Contract #1713-06816 BUDGET IMPACT: Unbudgeted $32,664.00 impacts revenue account no. H00010 and expense account H00010. i DSHS Contract Number CLIENT SERVICE CONTRACT 0713ting Fro Resulting Fro Tray.,,, ron srarc rn Solicitation Number DEPARTMENT OF 7r SERVICE4TH Access and Visitation IThis Contract is between the State of Washington Department of Social Program Contract Number and Health Services (DSHS) and the Contractor identified below Contractor Contract Number 1 CONTRACTOR NAME CONTRACTOR doing business as(DBA) City of Kent CONTRACTOR ADDRESS WASHINGTON UNIFORM DSHS INDEX NUMBER BUSINESS IDENTIFIER(UBI) 220 4th Ave South 22475 Kent, WA 98032-5895 CONTRACTOR CONTACT CONTRACTOR TELEPHONE CONTRACTOR FAX CONTRACTOR E-MAIL ADDRESS Tracee Parker (253) 856-5074 Ext (253) 856-6140 TParker ci kent wa us DSHS ADMINISTRATION DSHS DIVISION DSHS CONTRACT CODE ALL All Divisions I 300OXC-13 ' DSHS CONTACT NAME AND TITLE DSHS CONTACT ADDRESS Donna Hengeveld PO Box 9162 Program Administrator Olympia, WA 98507-9162 DSHS CONTACT TELEPHONE DSHS CONTACT FAX DSHS CONTACT E-MAIL ADDRESS 206 341-7245 Ext 206 341-7277 shs wa. ov IS THE CONTRACTOR A SUBRECIPIENT FOR PURPOSES OF THIS CONTRACT? CFDA NUMBER(S) Yes 93 597 CONTRACT START DATE CONTRACT END DATE CONTRACT MAXIMUM AMOUNT 2/1/2007 9/29/2007 40830 EXHIBITS. The following Exhibits are attached and are incorporated into this Contract by reference: ❑ Exhibits (specify)- ❑ No Exhibits. The terms and conditions of this Contract are an integration and representation of the final, entire and exclusive understanding between the parties superseding and merging all previous agreements, writings, and communications, oral or otherwise, regarding the subject matter of this Contract The parties signing below represent that they have read and understand this Contract, and have the authority to execute this Contract This Contract shall be binding on DSHS only upon signature by DSHS CONTRACTOR SIGNATURE PRINTED NAME AND TITLE DATE SIGNED DSHS SIGNATURE PRINTED NAME AND TITLE DATE SIGNED Christine Simmonds, Fontract Analyst DSHS/Economic SeNi s Administration DSHS Central Contract Services 6012XF Custom Client Service Contract(9-28-06) Page 1 DSHS General Terms and Conditions 1. Definitions The words and phrases listed below, as used in this Contract, shall each have the following definitions a. "Central Contract Services" means the DSHS central headquarters contracting office, or successor A section or office b "Contract" means the entire written agreement between DSHS and the Contractor, Including any , Exhibits, documents and materials Incorporated by reference c. "Contracts Administrator" means the manager, or successor, of Central Contract Services or successor section or office d. "Contractor" means the Individual or entity performing services pursuant to this Contract and Includes the Contractor's owners, members, officers, directors, partners, employees, and/or agents, unless otherwise stated in this Contract For purposes of any permitted Subcontract, "Contractor" Includes any Subcontractor and Its owners, members, officers, directors, partners, employees, and/or agents. The Contractor for this contract is- City of Kent e. "Debarment" means an action taken by a Federal official to exclude a person or business entity from participating in transactions Involving certain federal funds f. "DSHS" or the "Department" means the state of Washington Department of Social and Health Services and Its employees and authorized agents. g. "Personal Information" means Information identifiable to any person, Including, but not limited to, Information that relates to a person's name, health, finances, education, business, use or receipt of governmental services or other activities, addresses, telephone numbers, Social Security Numbers, driver license numbers, other Identifying numbers, and any financial identifiers h. "RCW" means the Revised Code of Washington All references in this Contract to RCW chapters , or sections shall include any successor, amended, or replacement statute Pertinent RCW chapters can be accessed at http-/Isle leg wa gov/. i. "Regulation" means any federal, state, or local regulation, rule, or ordinance j. "Subcontract" means any separate agreement or contract between the Contractor and an individual or entity ("Subcontractor") to perform all or a portion of the duties and obligations that the Contractor is obligated to perform pursuant to this Contract k "Subrecipient" means a non-federal entity that expends federal awards received from a pass- through entity to carry out a federal program. but does not include an individual that is a beneficiary of such a program A subrecipient may also be a recipient of other federal awards directly from a federal awarding agency I. "WAC" means the Washington Administrative Code All references in this Contract to WAC chapters or sections shall include any successor, amended, or replacement regulation. Pertinent WAC chapters or sections can be accessed at http//sic leg wa gov/ 2. Amendment. This Agreement may only be modified by a written amendment signed by both parties , Only personnel authorized to bind each of the parties may sign an amendment 3. Assignment. The Contractor shall not assign this Agreement or Program Agreement to a third party DSHS Central Contract Services 6012XF Custom Client Service Contract(9-28-06) Page 2 DSHS General Terms and Conditions without the prior written consent of DSHS 4. Billing Limitations. a DSHS shall pay the Contractor only for authorized services provided in accordance with this Contract b. DSHS shall not pay any claims for payment for services submitted more than twelve (12) months after the calendar month in which the services were performed c. The Contractor shall not bill and DSHS shall not pay for services performed under this Contract, if 1 the Contractor has charged or will charge the state of Washington or any other party for the same services. 5. Compliance with Applicable Law. At all times during the term of this Contract, the Contractor shall comply with all applicable federal, state, and local laws and regulations, Including but not limited to, nondiscrimination laws and regulations 6. Confidentiality. The Contractor may use Personal Information and other Information gained by reason of this Agreement only for the purpose of this Agreement The Contractor shall not disclose, transfer, or sell any such Information to any party, except as provided by law or, in the case of Personal Information, without the prior written consent of the person to whom the Personal Information pertains. The Contractor shall maintain the confidentiality of all Personal Information and other Information gamed by reason of this Agreement, and shall return or certify the destruction of such Information if requested in writing by DSHS 7. Debarment Certification. The Contractor, by signature to this contract, certifies that the Contractor is 1 not presently debarred, suspended, proposed for debarment, declared Ineligible, or voluntarily excluded by any Federal department or agency from participating in transactions The Contractor also agrees to include the above requirement in any and all subcontracts Into which it enters 8. Governing Law and Venue. This contract shall be construed and Interpreted in accordance with the laws of the state of Washington and the venue of any action brought hereunder shall be in Superior Court for Thurston County In the event that an action is removed to U S District Court, venue shall be in the Western District of Washington 9. Independent Contractor. The parties intend that an independent contractor relationship will be created by this contract The Contractor and his or her employees or agents performing under this contract are not employees or agents of the Department The Contractor, his or her employees, or agents performing under this contract will not hold himself/herself out as, nor claim to be, an officer or employee of the Department by reason hereof, nor will the Contractor, his or her employees, or agent make any claim of right, privilege or benefit that would accrue to such employee. 1 10. Inspection. In addition to any rights of access or inspection that may be included in the Special Terms and Conditions, or in any Program Agreement, the Contractor shall provide reasonable access to the Contractor's place of business, Contractor records, and client records, to DSHS and to any authorized agent of the state of Washington or the federal government in order to monitor, audit, and evaluate the Contractor's performance and compliance with applicable laws regulations, and these Contract terms during the term of this Contract and for one (1) year following termination or e>piration of this Contract 11. Maintenance of Records. The Contractor shall maintain records relating to this contract and the performance of the services described herein, including but not limited to accounting procedures and DSHS Central Contract Services 6012XF Custom Client Service Contract(9-28-06) Page 3 DSHS General Terms and Conditions practices, which sufficiently and properly reflect all direct and indirect costs of any nature expended in the performance of this contract All records and other material relevant to this contract shall be retained for six (6) years after expiration or termination of this contract At no additional cost, these records shall be subject at all reasonable times to inspection, review or audit by the department, personnel duly authorized by the department, the Office of the State Auditor, and any federal and state officials so authorized by law, regulation or agreement If any litigation, claim or audit is started before the expiration of the six (6) year period, the records shall be retained until all litigation, claims or audit findings involving the records have been resolved 12. Order of Precedence. In the event of any inconsistency or conflict between the General Terms and Conditions and the Special Terms and Conditions of this agreement or any Program Agreement, the inconsistency or conflict shall be resolved by giving precedence to these General Terms and Conditions. 13. Severability. If any term or condition of this Contract is held invalid by any court, such invalidity shall not affect the validity of the other terms or conditions of this Contract. 14. Survivability. The terms and conditions contained in this Agreement or any Program Agreement which, by their sense and context, are intended to survive the expiration or termination of the particular agreement shall survive Surviving terms include, but are not limited to- Billing Limitations, Confidentiality, Disputes, Indemnification and Hold Harmless, Inspection, Maintenance of Records, Notice of Overpayment, Ownership of Material, Termination for Default, Termination Procedure, and Treatment of Property. 15. Termination Due to Change in Funding. If the funds DSHS relied upon to establish this Agreement i or Program Agreement are withdrawn, reduced or limited, or if additional or modified conditions are placed on such funding, DSHS may immediately terminate this Agreement by providing written notice to the Contractor. The termination shall be effective on the date specified in the termination notice 16. Waiver. Waiver of any breach or default on any occasion shall not be deemed to be a waiver of any subsequent breach or default Any waiver shall not be construed to be a modification of the terms and conditions of this Contract. Only the DSHS Chief Administrative Officer or designee has the authority to waive any term or condition of this Contract on behalf of DSHS. Additional General Terms and Conditions — Client Service Contracts: 17. Advance Payment DSHS shall not make any payments in advance or anticipation of the delivery of services to be provided pursuant to this Contract 18. Contractor Certification Regarding Ethics The Contractor certifies that the Contractor is now, and shall remain, in compliance with Chapter 42.52 RCW, Ethics in Public Service throughout the term of this Contract. 19. Health and Safety Contractor shall perform any and all of its obligations under this Contract in a manner that does not compromise the health and safety of any DSHS client with whom the Contractor has contact 20. Indemnification and Hold Harmless. DSHS Central Contract Services 6012XF Custom Client Service Contract(9-28-06) Page 4 DSHS General Terms and Conditions a. The Contractor shall be responsible for and shall Indemnify, defend, and hold DSHS harmless from all claims, loss, liability, damages, or fines arising out of or relating to a) the Contractor's or any Subcontractor's performance or failure to perform this Contract, or b) the acts or omissions of the Contractor or any Subcontractor. b The Contractor waives Its Immunity under Title 51 RCW to the extent it is required to indemnify, defend, and hold harmless the State and its agencies, officials, agents, or employees. 1 21. Industrial Insurance Coverage The Contractor shall comply with the provisions of Title 51 RCW, Industrial Insurance If the Contractor fails to provide industrial insurance coverage or fails to pay premiums or penalties on behalf of Its employees, as may be required by law, DSHS may collect from the Contractor the full amount payable to the Industrial Insurance accident fund DSHS may deduct the amount owed by the Contractor to the accident fund from the amount payable to the Contractor by DSHS under this contract, and transmit the deducted amount to the Department of Labor and Industries, (L&I) Division of Insurance Services This provision does not waive any of L&I's rights to collect from the Contractor 22. Notice of Overpayment If the Contractor receives a vendor overpayment notice or a letter communicating the existence of an overpayment from DSHS, the Contractor may protest the overpayment determination by requesting an adjudicative proceeding The Contractor's request for an adjudicative proceeding must a. Be received by the Office of Financial Recovery (OFR) at Post Office Box 9501, Olympia, Washington 98507-9501, within twenty-eight (28) calendar days of service of the notice b. Be sent by certified mail (return receipt) or other manner that proves OFR received the request; c. Include a statement as to why the Contractor thinks the notice is incorrect; and d. Include a copy of the overpayment notice. Timely and complete requests will be scheduled for a formal hearing by the Office of Administrative Hearings The Contractor may be offered a pre-hearing or alternative dispute resolution conference in an attempt to resolve the overpayment dispute prior to the hearing Failure to provide OFR with a written request for a hearing within twenty-eight (28) days of service of a vendor overpayment notice or other overpayment letter will result in an overpayment debt against the Contractor. DSHS may charge the Contractor Interest and any costs associated with the collection of this overpayment DSHS may collect an overpayment debt through lien foreclosure, seizure and sale of the Contractor's real or personal property, order to withhold and deliver, or any other collection action available to DSHS to satisfy the overpayment debt. 23. Ownership of Material Material created by the Contractor and paid for by DSHS as a part of this Contract shall be owned by DSHS and shall be "work made for hire" as defined by Title 17 USCA, Section 101. This material includes, but is not limited to books, computer programs, documents, films; pamphlets, reports, sound reproductions, studies, surveys, tapes, and/or training materials Material which the Contractor uses to perform the Contract but is not created for or paid for by DSHS is owned by the Contractor and is not 'work made foi hire", however, DSHS shall have a perpetual license to use this material for DSHS internal purposes at no charge to DSHS, provided that such license shall be limited to the extent which the Contractor has a right to grant such a license 24. Subcontracting Except as otherwise provided in this Contract, the Contractor shall not subcontract DSHS Central Contract Services 6012XF Custom Client Service Contract(9-28-06) Page 5 DSHS General Terms and Conditions any of the contracted services without the prior approval of DSHS Contractor is responsible to ensure that all terms, conditions, assurances and certifications set forth in this Contract are Included in any and all Subcontracts Any failure of Contractor or Its subcontractors to perform the obligations of this Contract shall not discharge the Contractor from its obligations hereunder or diminish DSHS' rights or remedies available under this Contract 25. Subrecipients t a. General. If the Contractor is a subrecipient of federal awards as defined by Office of Management ■ and Budget (OMB) Circular A-133 and this Agreement, the Contractor shall i (1) Maintain records that identify, in its accounts, all federal awards received and expended and the federal programs under which they were received, by Catalog of Federal Domestic Assistance (CFDA) title and number, award number and year, name of the federal agency, and name of the pass-through entity; (2) Maintain internal controls that provide reasonable assurance that the Contractor is managing federal awards in compliance with laws, regulations, and provisions of contracts or grant agreements that could have a material effect on each of its federal programs, j (3) Prepare appropriate financial statements, including a schedule of expenditures of federal awards, (4) Incorporate OMB Circular A-133 audit requirements into all agreements between the Contractor and its Subcontractors who are subreclpients, (5) Comply with any future amendments to OMB Circular A-133 and any successor or replacement Circular or regulation; (6) Comply with the applicable requirements of OMB Circular A-87 and any future amendments to OMB Circular A-87, and any successor or replacement Circular or regulation and (7) Comply with the Omnibus Crime Control and Safe streets Act of 1968, Title VI of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, Title II of the Amel icans with Disabilities Act of 1990, Title IX of the Education Amendments of 1972, The Age Discrimination Act of 1975, and The Department of Justice Non-Discrimination Regulations, 28 C F R Part 42, Subparts C D E and G, and 28 C F.R Part 35 and 39 (Go to www ojp usdo) gov/ocr/ for additional information and access to the aforementioned Federal laws and regulations ) I b. Single Audit Act Compliance If the Contractor is a subrecipient and expends $500,000 or more in federal awards from any and/or all sources in any fiscal year, the Contractor shall procure and pay for a single audit or a program-specific audit for that fiscal year Upon completion of each audit, the Contractor shall (1) Submit to the DSHS contact person the data collection form and reporting package specified in OMB Circular A-133, reports required by the program-specific audit guide (if applicable), and a copy of any management letters issued by the auditor, (2) Follow-up and develop corrective action for all audit findings; in accordance with OMB Circular A-133, prepare a "Summary Schedule of Prior Audit Findings c. Overpayments If it is determined by DSHS, or during the course of a required audit, that the DSHS Central Contract Services 6012XF Custom Client Service Contract(9-28-06) Page 6 DSHS General Terms and Conditions Contractor has been paid unallowable costs under this or any Program Agreement. DSHS may require the Contractor to reimburse DSHS in accordance with OMB Circular A-87 26. Termination for Convenience DSHS may terminate this Contract in whole or in part when it is in the best Interest of DSHS by giving the Contractor at least thirty (30) calendar days' written notice The Contractor may terminate this Contract for convenience by giving DSHS at least thirty (30) calendar days' wrdten notice addressed to DSHS at the address listed on page 1 of this Contract 27. Termination for Default The Contracts Administrator may Immediately terminate this Contract for default, in whole or in part, by written notice to the Contractor if DSHS has a reasonable basis to believe that the Contractor has a. Failed to meet or maintain any requirement for contracting with DSHS; b Failed to protect the health or safety of any DSHS client pursuant to Section 9, Health and Safety, of this Contract, c. Failed to perform under, or otherwise breached, any term or condition of this Contract, and/or d. Violated any applicable law or regulation If it is later determined that the Contractor was not in default, the termination shall be considered a termination for convenience 28. Termination or Expiration Procedure. The following terms and conditions apply upon Contract termination or expiration a. The Contractor shall cease to perform any services required by this Contract as of the effective date of termination or expiration b. If the Contract is terminated, the Contractor shall comply with all instructions contained in the termination notice. c. The Contractor shall immediately deliver to the DSHS contact named on page one of this Contract, or to his or her successor, all DSHS property in the Contractor's possession, including any "works for hire" as described in Section 17, Ownership of Material. The Contractor grants DSHS the right to enter upon the Contractor's premises for the sole purpose of recovering any DSHS property that the Contractor fails to return within ten (10) calendar days of the effective date of termination or expiration of this Contract Upon failure to return DSHS property within ten (10) calendar days, the Contractor shall be charged with all reasonable costs of recovery, including transportation d. DSHS shall be liable only for payment required under the terms of this Contract for service rendered up to the effective date of termination or expiration e. DSHS may withhold a sum from the final payment to the Contractor that DSHS determines necessary to protect DSHS against loss or additional liability J f. The rights and remedies provided to DSHS in this Section" are in addition to any other rights and remedies provided at law, in equity, and/or under this Contract, including consequential and incidental damages 1 29. Treatment of Client Property Unless otherwise provided, the Contractor shall ensure that any adult DSHS Central Contract Services 6012XF Custom Client Service Contract(9-28-06) Page 7 DSHS General Terms and Conditions client receiving services from the Contractor has unrestricted access to the client's personal property The Contractor shall not Interfere with any adult client's ownership, possession, or use of the client's property The Contractor shall provide clients under age eighteen (18) with reasonable access to their personal property that is appropriate to the client's age, development, and needs Upon termination of the Contract, the Contractor shall Immediately release to the client and/or the client's guardian or custodian all of the client's personal property. 30. Treatment of Property All property purchased or furnished by DSHS for use by the Contractor during this Contract term shall remain with DSHS Title to all property purchased or furnished by the Contractor for which the Contractor is entitled to reimbursement by DSHS under this Contract shall pass to and vest in DSHS The Contractor shall protect, maintain, and insure all DSHS property in its possession against loss or damage and shall return DSHS property to DSHS upon Contract termination or expiration APPROVED AS TO FORM BY THE OFFICE OF THE ATTORNEY GENERAL i ! ! DSHS Central Contract Services 6012XF Custom Client Service Contract(9-28-06) Page 8 I Special Terms and Conditions 1. Definitions Specific to Special Terms The words and phrases listed below, as used in this Contract, shall each have the following definitions. a. "DCS" means Division of Child Support Ib "OCSE" means federal Office of Child Support Enforcement. 2. Purpose. The purpose of this Contract is to The Contractor will be using federal fiscal year 2006 (FFY 06) Access and Visitation grant funds to support and facilitate non-custodial parent's access to and visitation with their children The federal Office of Support Enforcement (OCSE) grant number is 0601WASAVP 3. Statement of Work The Contractor shall provide the services and staff, and otherwise do all things necessary for or incidental to the performance of work, as set forth below. a. The Contractor must administer their FFY 06 Access and Visitation grant program in compliance with all applicable federal grant instructions, terms and conditions, all applicable Department of Health and Human Services regulations and federal Office of Management and Budget (OMB) circulars The Contractor must maintain a copy of these documents for their records or maintain an internet access to the documents and be familiar with the content of the documents b. Contractor shall provide visitation enforcement which includes monitoring, supervision, and neutral drop-off and pick-up of minor whose parents are separated or divorced c. The Contractor shall collect the required FFY 06 Access and Visitation local service provider data for each party that receives Access and Visitation grant services through their programs. d. The Contractor shall submit the required FFY 06 Access and Visitation local service provider data quarterly to DCS for review and approval All of the quarterly reports must be mailed to the DSHS contact on page one (1) of this contract. The first quarterly report is January 31, 2007. The second quarterly report is due April 30, 2007 The third quarterly report is due July 31, 2007 The fourth and final report is due October 31, 2007 e. The Contractor shall work with DCS to complete all necessary OCSE fiscal and project summary reports 4. Consideration Total consideration payable to Contractor for satisfactory performance of the work under this Contract is up to a maximum of$40,830.00, including any and all expenses, and shall be based on the following, a. The maximum amount of federal Access and Visitation grant funds shall be $36,747 00 The maximum amount of state funds is $0 00 The maximum amount of local match funds or in-kind contributions shall be $4,083 00 b. DSHS shall pay the Contractor$105 00 per hour for supervised visitation between non-custodial parents and their children c DSHS shall pay the Contractor$50 00 for each exchange 1 d DSHS shall pay the Contractor$25 00 for each intake, case set up, and scheduling of visitation services performed by the Contractor. DSHS Central Contract Services 6012XF Custom Client Service Contrad(9-28-06) Page 9 Special Terms and Conditions e. Federal Access and Visitation grant funds are to be expended only to establish and administer the Contractors and subcontractors Access and Visitation grant project f. The Contractor must refund to DSHS any federal Access and Visitation grant funds paid to the Contractor which are disallowed by state or federal auditors. S. Billing and Payment t a Invoice System. The Contractor shall submit monthly invoices using State Form A-19 Invoice Voucher, or such other form as designated by DSHS Consideration for services rendered shall be payable upon receipt of properly completed invoices which shall be submitted to the DSHS contact listed on page one of this Contract The invoices shall describe and document to DSHS' satisfaction a description of the work performed, activities accomplished, the progress of the protect, and fees The rates shall be in accordance with those set forth in Section 4 Consideration of this Contract b The Contractor shall submit with their monthly invoice a local match certification. DCS shall provide a copy of the local match certification to the Contractor c. The invoice voucher with original authorized signature shall be submitted to: Division of Child Support Access & Visitation Program Manager PO Box 9162 Olympia WA 98507-9162 d. Payment Payment shall be considered timely if made by DSHS within thirty (30) days after receipt and acceptance by the DSHS contact of the properly completed invoices Payment shall be sent to the address designated by the Contractor on page one of this Contract DSHS may, at its sole discretion, withhold payment claimed by the Contractor for services rendered if Contractor fails to satisfactorily comply with any term or condition of this Contract e. All invoices must be received by DCS no later than November 30, 2007 f. If the Contractor does not timely submit all reports as set forth sn Section 3 Statement of Work, DSHS shall withhold all payment for services provided under this Contract until such time that the reports have been submitted to and approved by DCS 6. Insurance. The Contractor shall at all times comply with the following insurance requirements. a General Liability Insurance The Contractor shall maintain Commercial General Liability Insurance, or Business Liability Insurance, including coverage for bodily injury, property damage, and contractual liability, with the following minimum limits- Each Occurrence - $1,000,000, General Aggregate - $2,000,000 The policy shall include liability ansing out of premises, operations, independent contractors, products- completed operations, personal injury, advertising injuryef and liability assumed under an insured contract. The State of Washington, Department of Social & Health Services (DSHS), and elected and appointed officials, agents, and employees of the state, shall be named as additional insureds DSHS Central Contract Services 6012XF Custom Client Service Contract(9-28-06) Page 10 Special Terms and Conditions b. Business Automobile Liability Insurance i The Contractor shall maintain a Business Automobile Policy on all vehicles used to transport s clients, including vehicles hired by the Contractor or owned by the Contractor's employees, volunteers or others, with the following minimum limits $1,000,000 per accident combined single limit The Contractor's carrier shall provide DSHS with a waiver of subrogation or name DSHS as an Additional Insured c Worker's Compensation The Contractor shall comply with all applicable Worker's Compensation, occupational disease, and occupational health and safety laws and regulations The State of Washington and DSHS shall not be held responsible for claims filed for Worker's Compensation under RCW 51 by the Contractor or its employees under such laws and regulations d Employees and Volunteers Insurance required of the Contractor under the Contract shall include coverage for the acts and omissions of the Contractor's employees and volunteers In addition, the Contractor shall ensure that all employees and volunteers who use vehicles to transport clients or deliver services have personal automobile insurance and current dnver's licenses. e. Subcontractors The Contractor shall ensure that all subcontractors have and maintain insurance with the same types and limits of coverage as required of the Contractor under the Contract f Separation of Insureds All insurance policies shall include coverage for cross liability and contain a "Separation of Insureds" provision g. Insurers The Contractor shall obtain insurance from insurance companies identified as an admitted insurer/carrier in the State of Washington, with a Best's Reports' rating of B++, Class VII, or better Surplus Lines insurance companies will have a rating of A-, Class VII, or better. h. Evidence of Coverage The Contractor shall submit Certificates of Insurance to the DSHS point of contact located on page one of the contract for each coverage required of the Contractor under the Contract The Certificate shall identify the DSHS Central Contract Services, P O Box 45811 Olympia, Washinqton 98504- 5811 as Certificate Holder. A duly authorized representative of each insurer, showing compliance with the insurance requirements specified in this Contract, shall execute each Certificate of Insurance The Contractor Is not required to submit to DSHS copies of Certificates of Insurance for personal automobile insurance required of the Contractor's employees and volunteers under the contract DSHS Central Contract Services 6012XF Custom Client Service Contract(9-28-06) Page 11 Special Terms and Conditions The Contractor shall maintain copies of Certificates of Insurance for each subcontractor as evidence that each subcontractor maintains insurance as required by the Contract i Material Changes The insurer shall give DSHS Central Contract Services 45 days advance written notice of cancellation or non-renewal If cancellation is due to non-payment of premium, the insurer shall give DSHS 10 days advance written notice of cancellation j. General j By requiring insurance, the State of Washington and DSHS do not represent that the coverage and limits specified will be adequate to protect the Contractor. Such coverage and limits shall not be construed to relieve the Contractor from liability in excess of the required coverage and limits and shall not limit the Contractor's liability under the indemnities and reimbursements granted to the State and DSHS in this Contract. All insurance provided in compliance with this Contract shall be primary as to any other insurance or self-insurance programs afforded to or maintained by the State The Contractor waives all rights against the State of Washington and DSHS for the recovery of damages to the extent they are covered by insurance. 7. Disputes Either party may submit a request for resolution of a contract dispute (rates set by law, regulation, or DSHS policy are not disputable) The requesting party shall submit a written statement identifying the issue(s) in dispute and the relative positions of the parties A request for a dispute resolution must include the Contractor's name, address, and contract number, and be mailed to the address listed below within thirty (30) calendar days after the party could reasonably be expected to have knowledge of the issue in dispute DSHS/Economic Services Administration Attn Contract Compliance and Analysis Unit P O Box 45445 Olympia, WA 98504-5445 DSHS Central Contract Services 6012XF Custom Client Service Contract(9-28-06) Page 12 Kent City Council Meeting Date February 6, 2007 Category Consent Calendar 1. SUBJECT: DEPARTMENT OF SOCIAL & HEALTH SERVICES AGREEMENT FOR SAFE HAVENS CENTER— AUTHORIZE AND AMEND BUDGET 2. SUMMARY STATEMENT: Accept the Department of Social & Health Services Grant of$50,000 to fund the Safe Havens Center, approve the expenditure of funds in the Safe Havens budget, and authorize the Mayor to enter into an agreement with the State of Washington. The State of Washington DSHS Grand funds will be used to provide services to low income families at the Safe Havens Visitation and Exchange Center. Funds will be used for personnel costs to operate the facility. 3. EXHIBITS: State of Washington Interlocal Agreement No. D764-11079 4. RECOMMENDED BY: Parks and Human Services Committee (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? X Revenue? X Currently in the Budget? Yes No _X If no. Unbudgeted Expense: Fund 1­100010 Amount $50,000.00 Unbudgeted Revenue- Fund H00010 Amount $50,000 00 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No 6G PARKS, RECREATION AND COMMUNITY SERVICES Jeff Watling, Director • Phone: 253-856-5100 KEN T Fax: 253-856-6050 W A HI NOTON Address: 220 Fourth Avenue S. Kent, WA 98032-5895 ITEM #3 DATE: January 18, 2007 TO: Kent City Council Parks and Human Services Committee FROM: Katherin Johnson, Housing and Human Services Manager THROUGH: Jeff Watling, Director Parks, Recreation & Community Services SUBJECT: DSHS Interlocal Agreement for Safe Havens Center - Authorize and Amend Budget MOTION: Move to recommend authorizing the Mayor enter into an agreement with the State of Washington, accepting the DSHS Grant of $50,000.00 to fund Safe Havens Center and approving the expenditure of funds in the Safe Havens budget. SUMMARY: The State of Washington DSHS Grant funds will be used to provide services to low income families at the Safe Havens Visitation and Exchange Center. Funds will be used for personnel costs of operating the facility. EXHIBITS: State of WA DSHS Interlocal Agreement #D764-11079 BUDGET IMPACT: Unbudgeted $50,000.00 impacts revenue account no. H00010 and expense account H00010. �1 � M DSHS INTERLOCAL AGREEMENT 0764-110 9 Number 764-11079 SAFE HAVENS VISITATION CENTER This Agreement is by and between the State of Washington Department Program Contract Number 1501- of Social and Health Services (DSHS)and the Contractor Identified Contractor Contract Number below, and is issued pursuant to the Interlocal Cooperation Act, chapter 39 34 RCW. [CONTRACTOR NAME CONTRACTOR doing business as(DBA) CIt of Kent CONTRACTOR ADDRESS WASHINGTON UNIFORM DSHS INDEX NUMBER BUSINESS IDENTIFIER(UBI) 220 4th Ave South 22475 Kent,WA 98032-5895 CONTRACTOR CONTACT CONTRACTOR TELEPHONE CONTRACTOR FAX CONTRACTOR E-MAIL ADDRESS Kathenn Johnson 253) 856-5073 Ext DSHS ADMINISTRATION DS-iS DIVISION DSHS CONTRACT CODE ALL All Divisions 2000LC_64 DSHS CONTACT NAME AND TITLE DSHS CONTACT ADDRESS Maureen Kelly PO Box 45710 Program Manager _ Olympia,WA 98504 DSHS CONTACT TELEPHONE DSHS CONTACT FAX DSHS CONTACT E-MAIL ADDRESS 360 902-7901 360 902-7903 kelm300 cr dshs wa qov IS THE CONTRACTOR A SUBRECIPIENT FOR PURPOSES OF THIS CONTRACT? I CFDA NUMBER(S) No AGREEMENT START DATE AGREEMENT END DATE MAXIMUM AGREEMENT 4MOUNT 01/15/2007 06130/2007 50000 EXHIBITS. The following Exhibits are attached and are incorporated into this Agreement by reference: ❑ Exhibits(specify). ® No Exhibits _ The terms and conditions of this Agreement are an Integration and representation of the final,entire and exclusive understanding between the parties superseding and merging all previous agreements,writings,and communications, oral or otherwise regarding the subject matter of this Agreement, between the parties The parties signing below represent they have read and understand this Agreement, and have the authority to execute this Agreement This Agreement shall be binding on DSHS only upon signature by DSHS LCONTRACTOR SIGNATURE PRINTED NAME AND TITLE DATE SIGNED DSHS SIGNATURE PRINTED NAME AND TITLE DATE SIGNED DSHS central Contract Services 6015LF Custom Interlocal Agreement(9-26-06) Page 1 DSHS General Terms and Conditions 1. Definitions The words and phrases fisted below, as used in this Contract, shall each have the following definitions a. "Central Contract Services" means the DSHS central headquarters Contracting office,or successor section or office. b. "Contract" means the entire written agreement between DSHS and the Contractor, Including any Exhibits, documents, and materials incorporated by reference. c. "Contracts Administrator means the manager, or successor, of Central Contract Services or successor section or office. d. "Contractor"means the Individual or entity performing services pursuant to this Contract and Includes the Contractor's owners, members, officers, directors, partners, employees, and/or agents, unless otherwise stated in this Contract. For purposes of any permitted Subcontract, `Contractor" includes any Subcontractor and Its owners, members, officers, directors, partners, employees, and/or agents. The Contractor for this contract is City of Kent. e "Debarment"means an action taken by a Federal official to exclude a person or business entity , from participating in transactions involving certain federal funds. f. "DSHS"or the"Department"means the state of Washington Department of Social and Health Services and its employees and authorized agents. g. "Personal Information"means information Identifiable to any person, Including, but not limited to, information that relates to a person's name, health, finances,education, business, use or receipt of governmental services or other activities, addresses, telephone numbers, Social Security Numbers, driver license numbers, other identifying numbers,and any financial identifiers h. "RCW"means the Revised Code of Washington All references in this Contract to RCW chapters or sections shall include any successor, amended, or replacement statute. Pertinent RCW chapters can be accessed at http:/islc.leg.wa gov/. i. "Regulation" means any federal, state, or local regulation, rule.or ordinance. j. "Subcontract" means any separate agreement or contract between the Contractor and an individual or entity("Subcontractor")to perform all or a portion of the duties and obligations that the Contractor is obligated to perform pursuant to this Contract. k. "Subrecipient"means a non-federal entity that expends federal awards received from a pass- through entity to carry out a federal program, but does not include an individual that is a beneficiary of such a program A subrecipient may also be a recipient of other federal awards directly from a federal awarding agency I. "WAC"means the Washington Administrative Code. All references in this Contract to WAC chapters or sections shall include any successor,amended, or replacement regulation. Pertinent WAC chapters or sections can be accessed at http.//slc leg wa gov/ 2. Amendment. This Agreement may only be modified by a wntten amendment signed by both parties. Only personnel authorized to bind each of the parties may sign an amendment 3. Assignment. The Contractor shall not assign this Agreement or Program Agreement to a third party DSHS Central Contract Sermces 6015LF Custom Interiocal Agreement(9-28-06) Page 2 DSHS General Terms and Conditions without the prior written consent of DSHS. 4. Billing Limitations. a. DSHS shall pay the Contractor only for authorized services provided in accordance with this ' Contract b. DSHS shall not pay any claims for payment for services submitted more than twelve (12)months after the calendar month in which the services were performed. c. The Contractor shall not bill and DSHS shall not pay for services performed under this Contract,if the Contractor has charged or will charge the state of Washington or any other party for the same services 5. Compliance with Applicable Law. At all times during the term of this Contract, the Contractor shall comply with all applicable federal, state, and local laws and regulations, including but not limited to, nondiscrimination laws and regulations. 6. Confidentiality. The Contractor may use Personal Information and other Information gained by reason of this Agreement only for the purpose of this Agreement The Contractor shall not disclose, transfer, or sell any such Information to any party, except as provided by law ot, in the case of Personal Information, without the prior written consent of the person to whom the Personal Information pertains The Contractor shall maintain the confidentiality of all Personal Information and other Information ' gained by reason of this Agreement,and shall return or certify the destruction of such Information if requested in writing by DSHS. 7. Debarment Certification.The Contractor, by signature to this contract, certifies that the Contractor is not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded by any Federal department or agency from participating in transactions. The Contractor also agrees to include the above requirement in any and all subcontracts into which it enters ' 8. Governing Law and Venue. This contract shall be construed and interpreted in accordance with the laws of the state of Washington and the venue of any action brought hereunder shall be in Superior Court for Thurston County In the event that an action is removed to U S District Court, venue shall be in the Western District of Washington. 9. Independent Contractor. The parties intend that an independent contractor relationship will be created by this contract The Contractor and his or her employees or agents performing under this contract are not employees or agents of the Department. The Contractor, his or her employees,or agents performing under this contract will not hold himself/herself out as, nor claim to be an officer or employee of the Department by reason hereof, nor will the Contractor, his or her employees, or agent make any claim of right, privilege or benefit that would accrue to such employee 10. Inspection. In addition to any rights of access or inspection that may be included in the Special Terms and Conditions, or in any Program Agreement, the Contractor shall provide reasonable access to the Contractor's place of business, Contractor records, and client records, to DSHS and to any authorized agent of the state of Washington or the federal government in order to monitor, audit,and evaluate the Contractor's performance and compliance with applicable laws, regulations, and these Contract terms dunng the term of this Contract and for one(1) year following termination or expiration of this Contract. 11. Maintenance of Records. The Contractor shall maintain records relating to this contract and the performance of the services described herein, including but not limited to accounting procedures and DSHS Central Contrad Services 6015LF Cusian Iriteriocal Agreement(9-28-06) Page 3 i 1 DSHS General Terms and Conditions practices, which sufficiently and properly reflect all direct and indirect costs of any nature expended in ' the performance of this contract All records and other material relevant to this contract shall be retained for six(6) years after expiration or termination of this contract At no additional cost, these records shall be subject at all reasonable times to inspection, review or audit by the department, personnel duly authorized by the department, the Office of the State Auditor, and any federal and state officials so authorized by law, regulation or agreement ' If any litigation,claim or audit is started before the expiration of the six(6)year period, the records shall be retained until all litigation claims or audit findings involving the records have been resolved 12. Order of Precedence. In the event of any inconsistency or conflict between the General Terms and ' Conditions and the Special Terms and Conditions of this agreement or any Program Agreement, the inconsistency or conflict shall be resolved by giving precedence to these General Terms and Conditions 13. Severability. If any term or condition of this Contract is held invalid by any court, such invalidity shall not affect the validity of the other terms or conditions of this Contract ' 14. Survivability. The terms and conditions contained in this Agreement or any Program Agreement which, by their sense and context, are intended to survive the expiration or termination of the particular agreement shall survive Surviving terms include, but are not limited to Billing Limitations ' Confidentiality, Disputes. Indemnification and Hold Harmless, inspection, Maintenance of Records. Notice of Overpayment. Ownership of Material,Termination for Default, Termination Procedure, and Treatment of Property 15. Termination Due to Change in Funding. If the funds DSHS relied upon to establish this Agreement ' or Program Agreement are withdrawn, reduced or limited, or if additional or modified conditions are placed on such funding, DSHS may immediately terminate this Agreement by providing written notice to the Contractor The termination shall be effective on the date specified in the termination notice 16. Waiver. Waiver of any breach or default on any occasion shall not be deemed to be a waiver of any subsequent breach or default Any waiver shall not be construed to be a modification of the terms and ' conditions of this Contract Only the DSHS Chief Administrative Officer or designee has the authority to waive any term or condition of this Contract on behalf of DSHS. Additional General Terms and Conditions—Interlocal Agreements: 17. Disputes. Disputes shall be determined by a Dispute Board. Each party to this Agreement shall appoint one member to the Dispute Board. The members so appointed shall jointly appoint an additional member to the Dispute Board The Dispute Board shall review the facts, Agreement terms, and applicable statutes and rules and make a determination of the dispute As an alternative to this process, either party may request intervention by the Governor, as provided by RCW 43.17 330, in which event the Governor's process shall control Participation in either dispute process shall precede any judicial or quasi-judicial action and shall be the final administrative remedy available to the parties. 18. Hold Harmless. a The Contractor shall be responsible for and shall hold DSHS harmless from all claims, loss, liability, damages,or fines ansing out of or relating to the Contractor's, or any Subcontractor's performance or failure to perform this Agreement, or the acts or omissions of the Contractor or any Subcontractor DSHS shall be responsible for and shall hold the Contractor harmless from all DSHS Central Contract Services ' 6015LF Custom Interlocal Agreement(9-28-06) Page 4 DSHS General Terms and Conditions claims, loss, liability, damages,or fines arising out of or relating to DSHS' performance or failure to perform this Agreement b. The Contractor waives its immunity under Title 51 RCW to the extent it is required to Indemnify, defend, and hold harmless the State and its agencies, officials, agents, or employees 19. Ownership of Material Material created by the Contractor and paid for by DSHS as a part of this Contract shall be owned by DSHS and shall be"work made for hire"as defined by Title 17 USCA, Section 101 This material Includes, but is not limited to books,computer programs, documents;films; ' pamphlets, reports, sound reproductions, studies;surveys, tapes, and/or training materials Material which the Contractor uses to perform the Contract but is not created for or paid foi by DSHS is owned by the Contractor and Is not"work made for hire", however, DSHS shall have a perpetual license to use ' this material for DSHS internal purposes at no charge to DSHS, provided that such license shall be limited to the extent which the Contractor has a right to grant such a license 20. Subrecipients 1 a. General. If the Contractor is a subrecipient of federal awards as defined by Office of Management and Budget (OMB) Circular A-133 and this Agreement,the Contractor shall- (1) Maintain records that identify, in its accounts, all federal awards received and expended and the federal programs under which they were received, by Catalog of Federal Domestic Assistance (CFDA)title and number, award number and year, name of the federal agency, and name of the ' pass-through entity, (2) Maintain internal controls that provide reasonable assurance that the Contractor is managing federal awards in compliance with laws, regulations,and provisions of contracts or grant agreements that could have a material effect on each of its federal programs, (3) Prepare appropriate financial statements, including a schedule of expenditures of federal awards, ' (4) Incorporate OMB Circular A-133 audit requirements into all agreements between the Contractor and its Subcontractors who are subreclpients, ' (5) Comply with any future amendments to OMB Circular A-133 and any successor or replacement Circular or regulation; (6) Comply with the applicable requirements of OMB Circular A-87 and any future amendments to OMB Circular A-81, and any successor or replacement Circular or regulation, and (7) Comply with the Omnibus Crime Control and Safe streets Act of 1968,Title VI of the Civil Rights ' Act of 1964, Section 504 of the Rehabilitation Act of 1973, Title 11 of the Americans with Disabilities Act of 1990,Title IX of the Education Amendments of 1972,The Age Discrimination Act of 1975,and The Department of Justice Non-Discrimination Regulations, 28 C F R Part 42, ' Subparts C D.E and G. and 28 C F R. Part 35 and 39 (Go to www olp usdo1 ov!ocr/for additional information and access to the aforementioned Federal laws and regulations.) b. Single Audit Act Compliance If the Contractor is a subrecipient and expends $500,000 or more in federal awards from any and/or all sources in any fiscal year, the Contractor shall procure and pay for a single auditor a program-specific audit for that fiscal year Upon completion of each audit, the Contractor shall DSHS Central Contract Services 6015LF Custom Interlocal Agreement(9-28-06) Page 5 DSHS General Terms and Conditions (1) Submit to the DSHS contact person the data collection form and reporting package specified in ' OMB Circular A-133, reports required by the program-specific audit guide (if applicable), and a copy of any management letters issued by the auditor, (2) Fallow-up and develop corrective action for all audit findings, in accordance with OMB Circular A-133, prepare a "Summary Schedule of Prior Audit Findings." ' c. Overpayments. If it is determined by DSHS, or during the course of a required audit, that the Contractor has been paid unallowable costs under this or any Program Agreement, DSHS may require the Contractor to reimburse DSHS in accordance with OrjI3 Circular A-87. ' 21. Termination a. Default If for any cause, either party fails to fulfill its obligations under this Agreement in a timely ' and proper manner, or if either party violates any of the terms and conditions contained in this Agreement, then the aggrieved party will give the other party written notice of such failure or violation The responsible party will be given 15 working days to correct the violation or failure. If ' the failure or violation is not corrected, this Agreement may be terminated immediately by written notice from the aggrieved party to the other party b. Convenience_ Either party may terminate this Interlocal Agreement for any other reason by ' providing 30 calendar days' written notice to the other party. c. Payment for Performance If this Interlocal Agreement is terminated for any reason, DSHS shall only pay for performance rendered or costs incurred in accordance with the terms of this Agreement and prior to the effective date of termination 22. Treatment of Client Property. Unless otherwise provided, the Contractor shall ensure that any adult client receiving services from the Contractor has unrestricted access to the client's personal property. The Contractor shall not interfere with any adult client's ownership, possession, or use of the client's property_ The Contractor shall provide clients under age eighteen (18) with reasonable access to their personal property that is appropriate to the client's age,development, and needs. Upon termination of ' the Contract, the Contractor shall immediately release to the client and/or the client's guardian or custodian all of the client's personal property. APPROVED AS TO FORM BY THE OFFICE OF THE ATTORNEY GENERAL ' DSHS Central Contract Services ' 6015LF Custom Interlocal Agreement(9-28-06) Page 6 Special Terms and Conditions ' 1. Definitions Speck to Special Terms The words and phrases listed below, as used in this Interlocal Agreement, shall each have the following definitions. a. "Agreement"means this Interlocal Agreement, Including all documents attached or incorporated by reference ' b. "CA"means Children's Administration and Its employees and authorized agents. 2. Purpose ' The purpose of this Agreement is to provide one-time funding to the City of Kent,as authorized by budget proviso for FY07 under ESSB 6386, for supervised visitation and safe exchange services to be provided by the Safe Havens Visitation Center in Kent to families Impacted by domestic violence, sexual assault,child abuse, and stalking 3. Statement of Work The City of Kent as Contractor shall provide services under this Agreement as follows- a. The Contractor shall ensure that funds payable under this Agreement will be used to provide supervised visitation and safe exchange services for families impacted by domestic violence, sexual ' assault, child abuse and stalking Funds shall not be used by the City of Kent for policy development and outreach b. The Contractor shall provide such services to families through the Safe Havens Visitation Center in Kent The Safe Havens Visitation Center is a supervised visitation and safe exchange center for families impacted by domestic violence, sexual assault,child abuse, and stalking. The mission of the Safe Havens Visitation Center is to provide a culturally sensitive,safe and accessible ' supervised visitation and exchange program to families affected by intimate partner violence and abuse All policies and procedures of the Safe Havens Visitation Center have been designed to increase safety for the victim and child and decrease opportunities for continued abuse c. Through the Safe Havens Visitation Center, the Contractor shall provide such services to 8 families, with approximately 48 hours of service for each family ' Services shall include: (1) Intake of relevant family history and other information for services (approximately 1.5 hours per family), (2) Child Onentations(approximately.5 hours per family); (3) Supervised visits and/or exchanges(visits are generally 1 hour per week with an additional 75 ' hours pre/post wait/debnef time and exchanges use .5 hours per occurrence); (4) Regular case consults and related documentation (average of approximately.5 -.75 hours per week, per case). All services listed above shall be performed by a trained supervised visitation monitor and/or the visitation center program supervisor employed by the Citylof Kent ' if d. Reports- The Contractor shall provide progress reports regarding the above activities to the DSHS Contact listed on page 1 of this Agreement The reports shall be completed and submitted to ' DSHS Central Contract Semces 6015LF Custom Interlocal Agreement(9-2&.06) page 7 1 Special Terms and Conditions DSHS using a form as prescribed by DSHS to be provided following execution of this Agreement. ' The reports shall be submitted in accordance with the following schedule- Quarter Reporting Period Due Date ' 1 01/01/07-03/31/07 04/15/07 2 04/01/07—06/30/07 07115107 4. Consideration Maximum Agreement Amount The maximum amount of total compensation payable to the Contractor ' for satisfactory performance of the work under this Agreement is the amount of$50,000 as stated on page 1 of this Agreement under`Maximum Agreement Amount,"and is based on the following Fundin The operative budget proviso for FY07 contained in ESSB 6386 PL provided one-time ' funding for the Safe Havens Visitation Center in Kent to provide supervised Visitation and safe exchange services as follows under ESSB 6386, section 202: Subsection(15) $50,000 of the general fund--state appropriation for fiscal year 2007 is provided solely for the ' supervised visitation and safe exchange center In Kent The department shall not retain any portion for administrative purposes S. Billing and Payment ' a The Contractor shall submit at least quarterly, and not more often than monthly, invoices for services performed as described in this Agreement on State of Washington Invoice Voucher forms (Form A-19), prepared in the manner prescribed by DSHS. b. The voucher shall clearly indicate that it is `FOR SERVICES RENDERED IN PERFORMANCE , UNDER DSHS AGREEMENT NO.0 76 4-1 1 079 FOR THE MONTH(S)OF 2007" c The A-19 invoice vouchers shall be submitted to: Maureen Kelly, Program Manager ' Children's Administration PO Box 45710 Olympia,WA 98504-5710 ' d. The Contractor shall contact the above Program Manager at (360) 902-7901 concerning billing questions- ' e. DSHS may withhold payment to the Contractor if reports required under this Agreement are not submitted within 10 working days of the due date,or are incomplete. f. DSHS may, at its sole discretion, withhold payment claimed by the Contractor for services rendered ' if Contractor fads to satisfactorily comply with any term or condition of the Agreement. g Claims for payment must be received by DSHS no later than sixty(60) days from the date services , were rendered. h. DSHS shall make payment within thirty(30) days of receipt of a properly completed invoice for ' services DSHS Central Contract Services , 6015LF Custom Interlocal Agreement(9-28-06) Page 8 ' Special Terms and Conditions 6. Payment Only for Authorized Services ' DSHS shall pay the Contractor only for authorized services provided in accordance with this Agreement If this Agreement is terminated for any reason, DSHS shall pay only for services authorized and provided through the date of termination. 7. Funding Stipulations a. Duplicate Billig The Contractor must not bill other funding sources for services rendered under this Agreement which would result in duplicate billing to different funding sources for the same service Furthermore,the Contractor shall ensure that no subcontractor bills any other funding sources for services rendered under this Agreement, which would result in duplicate billing to different funding sources for the same service b. No Federal Match The Contractor shall not use funds payable under this Agreement as match toward federal funds without the prior written permission of DSHS c. Supplanting. The Contractor shall use these funds to supplement not supplant the amount of federal, state and local funds otherwise expended for services provided under this Agreement. ' 8. Recovery of Fees for Noncompliance In the event the Contractor bills for services provided and is paid fees for services that DSHS later finds were either(a) not delivered or(b) not delivered in accordance with applicable standards or the requirements of this Agreement, DSHS shall have the right to recover the fees for those services from the Contractor,and the Contractor shall fully cooperate during the recovery process. 9. Prohibition of Use of Funds for Lobbying Activities The Contractor, shall not use funds payable under the Agreement for lobbying activities of any nature. The Contractor certifies that no state or federal funds payable under this Agreement shall be paid to any person or organization to influence, or attempt to influence, either directly or indirectly, an officer or employee of any state or federal agency, or an officer or member of any state or federal legislative body or committee, regarding the award, amendment, modification, extension, or renewal of a state or federal contract or grant Any act by the Contractor in violation of this prohibition shall be grounds for termination of this Agreement, at the sole discretion of DSHS, and shall subject Contractor to such monetary and other penalties as may be provided by law 10. Administrative Records The Contractor shall retain all fiscal records that substantiate all costs charged to DSHS under this ' Agreement. 11. Auditing and Monitoring DSHS may schedule monitoring visits with the Contractor to evaluate performance of services. The Contractor shall provide at no further cost to DSHS reasonable access to all service-related records and materials, including financial records In support of billings, and records of staff time. ' DSHS Central Contrail Services 6015LF Custom Interlocal Agreement(9-28-06) Page 9 Special Terns and Conditions 12. Insurance. For purposes of this Agreement* ' Each Party to this Agreement certifies that It Is self-insured under the state of Washington self- ' insurance liability program,as provided by RCW 4.92 130, and shall pay for losses for which it is found liable 1 t� y DSHS Central contract Sennces ' 6015LF Custom Intedoc4 Agreement(9-28-06) Page 10 Kent City Council Meeting ' Date February 6, 2007 Category Consent Calendar 1. SUBJECT: 2007 CITY ART PLAN AND 2007-2011 FIVE YEAR ART PLAN— APPROVE 2. SUMMARY STATEMENT: Approve the 2007 City Art Plan and the 2007-2011 Five Year Art Plan. The City Art Plan shows projects carried over from 2006, and details projects for 2007, with specific art expenditures planned for 2007-2011, as part of the five-year plan. The Visual Arts Committee worked with staff to craft the plan which was approved by Kent Arts Commission on December 12, 2006 ' 3. EXHIBITS: 2007 City Art Plan and 2007-2011 Five Year City Art Plan ' 4. RECOMMENDED BY: Parks and Human Services Committee (Committee, Staff, Examiner, Commission, etc.) ' 5. FISCAL IMPACT Expenditure' N/A Revenue? N/A 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 6H ' PARKS, RECREATION AND COMMUNITY SERVICES 1 Jeff Watling, Director • Phone: 253-856-5100 K E N T Fax: 253-856-6050 WASHING70N Address: 220 Fourth Avenue S. Kent, WA. 98032-5895 ' ITEM #4 DATE: January 18, 2007 TO: Kent City Council Parks and Human Services Committee FROM: Cheryl dos Remedios, Visual Arts Coordinator ' THROUGH: Jeff Watling, Director of Parks, Recreation and Community Services SUBJECT: 2007 City Art Plan and 2007-2011 Five Year City Art Plan -Approve ' MOTION: Move to recommend approving the 2007 City Art Plan and the 2007- 2011 Five Year Art Plan. fSUMMARY: The attached City Art Plan shows projects carried over from 2006, details projects for 2007, and specifies art expenditures planned for 2007-2011, as part of the 5-year plan. The Visual Arts Committee worked with staff to craft the plan which was approved by Kent Arts Commission on December 12, 2006. Please review the attached ' document for details. EXHIBITS: 1) 2007 City Art Plan and 5 Year Plan. 2) Ordinance 2552 BUDGET IMPACT: No budget impact CITY OF KENT Parks, Recreation & Community Services Kent Arts Commission 2007 CITY ART PLAN ' FIVE YEAR CITY ART PLAN, 2007 -2011 Ordinance 2552 Approved- Visual Arts Committee ' Kent Arts Commission City Council Sub-Committee. ' City Council CITY OF KENT Parks, Recreation & Community Services Kent Arts Commission 2007 CITY ART PLAN , New Projects 2005/2006 2007 Budget Budget Capital Project, Neighborhood Park(Riverview) 20,000 Capital Project Artwork, Downtown Improvements(Town Square) 20,000 Capital Project Artwork Neighborhood Park(132Id Studio/Park design) 10,000 Maintenance/Collection PublicitylEducation 4,259 Portable Collection Purchases 5,000 New Projects utilizing previously approved budget Herbert Bayer Earthwork 25"°Anniversary $24,500 Previously Approved Projects In-Motion Capital Project Town Square Plaza(E Conner) $25,000 , Capital Project Riverview Park, Phase 1 $10,000 Maintenance downtown mural (Artech/D Pierce)) $12,000 "Agriculture" monumental sculpture (Peter Requiam) $30,000 Community Participation Art Russell Road Park $3,000 ' _ Subtotal $104 500 $59,259 TOTAL 2007 BUDGET FOR 19026223.66500.4310 $163,759 OTHER EXPENSES Salary&Administration $94,651 Supplies 1,659 Professional Services (Design, Consultant Fees, Maintenance/Repair) 15,731 TOTAL 2007 BUDGET FOR 10006223.4310 $112,041 Total $21 capita 85,650 x 2 $171,300 , TOTAL 2007 Anticipated Expenditures $275,800 2 , ' KENT ARTS COMMISSION 2007 CITY ART PLAN NARRATIVE IProiect Title: Riverview Park Proiect Description- Judith and Darnel Caldwell will propose a design for 2-dimensional treatment ' surface in January If accepted this design will be integrated into construction documents by the landscape architect. The artist may use construction credits, where available The artwork will relate to the park's location along the Green River ' Estimated Costs. $30,000 Funding Source: 2006 + 2007 City Art Plan Background. Bringing art into parks during the construction phase allows for works to be integrated in a seamless manner for a cohesive design and tends to save costs by combining construction costs of both art and park elements Examples where this has occurred is Garrison Creek Park and Morrill Meadows. Proiect Title Downtown Improvements, Town Square Park Proiect Description: Artist Elizabeth Connor is creating a proposal for three `site indicators' along the 2"d Avenue edge of Town Square Park If accepted, these artworks will become a link between Town Square Plaza and downtown Kent Estimated Costs- $165,000 Funding Source $45,000 from 2007 City Art Plan, $120,000 from Parks Planning +foundations and utility hook-up Background Design team artist Elizabeth Conner has been working with the City and designers of the park since 2003 The design work she has contributed to the protect will be funded through Parks Planning, construction credits and two City Art Plan allocations (in 2006 and 2007) The artwork will provide aesthetic enhancements within the city that draw visitors to the main shopping district Proiect Title 132"d Studio/Park design Project Description- The community would like an artist designed /artist built studio Estimated Costs- $ tbd Funding Source: $10,000 from 2007 City Art Plan, Background There was a studio at 132nd that the community would like replaced We are beginning to save money for this initiative at a rate of $10,000 per year. Staff is investigating grant opportunities. i 3 t Project Title- Maintenance/Collection Publicity/Education ' Project Description, Protects in-progress include the West Hill Skate Park graffiti community , protect, the City Art Guide and downtown mural repairs Estimated Costs- $4,259 , Funding Source: 2007 City Art Plan Background- This fund may be used for maintaining and promoting existing artworks. ' Proiect Title Portable Collection Purchases Proiect Description Purchase quality artworks from area artists that enhance the quality and value of the City Portable Art collection. The artworks are exhibited in publicly accessible areas of City facilities Estimated Costs: $5,000 Funding Source: 2007 City Art Plan Background The City of Kent Arts Commission has established a collection of portable artwork that includes a variety of quality two-dimensional artworks Artwork acquired through purchase awards during the Juried Fine Art Exhibit attract quality area artists to enter Other portable art is purchased to enhance the art collection and respond to specific exhibit needs The funds allow the City to introduce art into the workplace and in public areas where the community does business This program supports local artists, serves specific needs for special protects and promotes participation in City programs A work environment that includes amenities such as art has been shown to increase productivity and job satisfaction Project Title 25i"Anniversary Herbert Bayer Celebration Proiect Description- Celebrate the 251"Anniversary of the Herbert Bayer Exact project description , to be approved by the Visual Arts Committee and Arts Commission Estimated Costs $24,500 , Funding Source Reassignment of funding from 2005/2006 budget Background The City of Kent is internationally recognized for being the home of the Mill Creek Canyon Earthworks by Herbert Bayer Dedicated in 1982, the Bayer earthwork was created as part of the groundbreaking 1979 King County Land Reclamation as Sculpture initiative This initiative marked the first time Arts Commissions partnered with other local and national governmental departments The Bayer earthwork embodied this new relationship by serving the dual role of being both an artistic enhancement and a functional flood control facility Today, it IS common for visual artists to collaborate with city planners, public works departments, landscape architects and engineers, yet this was a ground-breaking approach 25 years-ago. 4 It is also worth noting the eminence of Herbert Bayer himself While land art has a history that stretches back to ancient times, the first modern earthworks were built by Herbert Bayer, starting with Grass Mound in Aspen, completed inl955. The fact that the project was initialed locally has been key to its success The contributions of Mayor Isabel Hogan, Parks Director Barney Wilson, and the Kent City Council cannot be overstated, nor can the financial contributions of individual Kent citizens or the general enthusiasm of the community The Kent community has expressed its desire for the future of Kent to be a continually more attractive and livable city. The citizenry has demonstrated its recognition of the importance of providing a place to enjoy passive recreation in the midst of commercial and residential ' buildings through their support of the Bayer Earthwork. Earthworks. Land Reclamation as Sculpture Technical Report, King County Arts Commission, 1981 5 KENT ARTS COMMISSION CITY ART 5 YEAR PLAN 2007— 2011 2007 PROJECTS COSTS Capital Project Total 59,259 Capital Project, Neighborhood Park (Riverview) 20 000 Capital Project Artwork, Downtown Improvements, 20 000 Town Square Park) Capital Project Artwork, 132' Studio/Park design 10,000 Maintenance/Collection Publicity/Education 4,259 Portable Collection Purchases 5,000 ' Administration/Maintenance $112,141 Year Total $171,300 2008 PROJECTS COSTS ' Capital Project Total 53,552 Capital Project, Clark Lake Residency Program & Project 20,000 Capital Project, Clark Lake Integrated Artwork, Phase 1 20 000 Capital Project Artwork, 1320' Studio/Park design 10 000 Portable Collection Purchases 3,552 Administration/Maintenance _ 117.748 Year Total $171,300 2009 PROJECTS COSTS Capital Projects Total 47,665 Clark Lake, Phase 11 Integrated Artwork 30,000 Aquatic Center or other Capital Art Project 15,000 , Portable Art Collection Purchases 2,665 Administration/Maintenance 123,635 Year Total $171,300 2010 PROJECTS COSTS Capital Projects Total 41,484 Clark Lake, Phase I//Integrated Artwork 30,000 Aquatic Center or other Capital Art Project 9,000 Portable Art Collection Purchase 2,484 Administration/Maintenance 129,816 Year Total $171,300 2011 PROJECTS COSTS Capital Projects Total 34,994 Community participation or reclamation art project 30,000 , Portable Collection Purchases 4,994 Administration/Maintenance 136,306 Year Total $171,300 t 6 � Kent City Art Plan LOCATIONS FOR 2007 CAPITAL PROJECTS ' Riverview Park Green River(W+S) and SR167 (E) Access via Hawley Rd (N) Green River Trail access A 15 acre community park along the Green river to include open space, trail access, parking, picnic shelter, restroom, interpretative signage, play equipment, non-motorized boat access, ADA accessible fishing platform and view benches/platforms facing the Green River Town Square Park 2nd Avenue, between Kent Station and downtown Kent, across from the King County Library ' 132°' Neighborhood Park 132°d Avenue &2661" Street East Hill, Kent A new 5 5 acre neighborhood park with playfield, play equipment, tennis courts, basketball court, volleyball area, picnic shelter, public art, art studio and art plaza, and parking Herbert Bayer Earthworks at Mill Creek Canyon 742 East Titus, Kent 107 1 acres Facilities include Amphitheater, shelter(with water& electrical outlets), drinking fountain, greenbelt, picnic areas, public art, restroom, parking, trails walk/jog 7 Kent City Council Meeting ' Date February 6. 2007 Category Consent Calendar 1. SUBJECT: RIVERVIEW PARK MASTER PLAN—APPROVE 2. SUMMARY STATEMENT: Approve the master plan for Riverview Park. Riverview Park is a 14-acre community park located east of the Green River off Hawley Road and South of Willis Street Two public meetings were held to gather citizen input for the master plan of the park Amenities proposed for the park include: parking, restroom, picnic shelter, play equipment, car top boat ramp, accessible bank fishing area, trail, open play area and a designated Green River tratlhead. The Green River Trail currently runs north/south through the eastern edge of the park property. 1 3. EXHIBITS: None 4. RECOMMENDED BY: Parks and Human Services Committee (Committee, Staff, Examiner, Commission, etc.) S. FISCAL IMPACT Expenditure? N/A Revenue? N/A 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 ,1 DISCUSSION: ACTION: Council Agenda Item No 61 PARKS, RECREATION AND COMMUNITY SERVICES Jeff Watling, Director Phone: 253-856-5100 K E N T Fax: 253-856-6050 WASHINGTON Address: 220 Fourth Avenue S. Kent, WA. 98032-5895 ITEM #5 ' DATE: January 18, 2007 TO: Kent City Council Parks and Human Services Committee FROM: Lori Flemm, Superintendent of Parks and Open Space THROUGH: Jeff Watling, Director of Parks, Recreation and Community Services SUBJECT: Riverview Park Master Plan —Approve 1 MOTION: Move to recommend approving the master plan for Riverview Park. SUMMARY: Riverview Park is a 14-acre community park located east of the Green River off Hawley Road and south of Willis Street. Two public meetings were held to gather citizen input for the master plan of the park. Amenities proposed for the park include: parking, restroom, picnic shelter, play equipment, car top boat ramp, accessible bank fishing area, trail, open play area and a designated Green River trailhead. The Green River Trail currently runs north/south through the eastern edge of the park property. EXHIBITS: PowerPoint presentation BUDGET IMPACT: N/A t i Kent City Council Meeting Date February 6, 2007 Category Consent Calendar 1. SUBJECT: 2006 FOURTH QUARTER FEE-IN-LIEU FUNDS — ACCEPT AND AMEND BUDGET 2. SUMMARY STATEMENT: Accept $83,631 in development fees for the fourth quarter of 2006, and authorize the expenditure of funds in the 272nd Street Park, Turnkey Park, West Fenwick Park, Master Plan, and Service Club Park budgets. Between October and December 2006, the City of Kent received a total of$83,631 from five developers who voluntarily paid fees, in lieu of dedicating park land to mitigate the development of single family homes in five subdivisions: • 272nd Street Park budget $30,500 for Kentara development • Turnkey Park budget: $21,075 for Kam Singh development • W. Fenwick Park budget: $10,800 for Punjab development • Master Plan budget $13,831 for Millbrook Estates development • Service Club Park- $7,425 for Lang development 3. EXHIBITS: City revenue report 4. RECOMMENDED BY: Parks and Human Services Committee (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? X Revenue? X Currently in the Budget? Yes No X If no: Unbudgeted Expense: Fund P20093 Amount $30,500 00 Fund P20037 Amount $21,075 00 Fund P20061 Amount $10,800.00 Fund P20306 Amount $13,831 00 ' Fund P20024 Amount $7,425 00 Unbudgeted Revenue: Fund P20013 Amount $83,631 00 6. CITY COUNCIL ACTION: Councilmember moves, Councilinember seconds DISCUSSION: ACTION: Council Agenda Item No. 6J PARKS, RECREATION AND COMMUNITY SERVICES Jeff Watling, Director 400 Phone: 253-856-5100 K ENT Fax: 253-856-6050 W A 5"' "3 T"" Address: 220 Fourth Avenue S. Kent, WA. 98032-5895 ITEM #6 DATE: January 18, 2007 TO: Kent City Council Parks and Human Services Committee FROM: Lori Flemm, Superintendent of Parks and Open Spaces THROUGH: Jeff Watling, Director of Parks, Recreation & Community Services SUBJECT: 2006 Fourth Quarter Fee-in-Lieu Funds - Accept and Amend Budget MOTION: Move to recommend accepting $83, 631.00 in development fees for the fourth quarter of 2006, and authorizing the expenditure of funds in I the 272nd Street Park budget, Turnkey Park budget, West Fenwick Park budget, Master Plan budget, and Service Club Park budget. ' SUMMARY: Between October and December 2006, the City of Kent received a total of $83,631.00 from five developers who voluntarily paid fees, in lieu of dedicating park land to mitigate the development of single family homes in five subdivisions: • 272nd Street Park Budget: $30,500.00 for Kentara development • Turnkey Park Budget: $21,075.00 for Kam Singh development • W. Fenwick Park Budget: $10,800.00 for Punjab development • Master Plan Budget: $13,831.00 for Millbrook Estates development • Service Club Park: $7,425.00 for Lang development Ordinance 2975 requires developers to dedicate park and open space land in proximity to new construction sites or to pay "fee-in-lieu" funds. The fee is based on assessed land values. ' EXHIBITS: Copy of Finance Revenue Report BUDGET IMPACT: Unbudgeted $83,631.00, impacts revenue account no. P20013 and expense account numbers P20093 ($30,500.00), P20037 ($21,075,00), P20061 ($10,800.00), P20306 ($13,831.00) and P20024 ($7,425.00). VI to �1 M M QQ �( J Q Q <11 Q Q afa 0, m aka a 11 EO �Q n ^ aM `i v kr A. '' I V U = N i N O O C r U YJ m a o o = U U U U N G to Q Q Z J ' to 0 0 0 0 C 7 r I O I V O D N N U N O N th 10 O r- mIM Q �In n n n n ,p io 0 0 0 0 J m a rn o o^ o 0 o^i o^ o 0 0 0 0 0� o olI �n o w ao v I o co #I rl� M N m « m coo r n f0 i n m � m m V V n O C) V V V Q p v v v a a Y Y Y Y Y 0 0 0 o co FO- o y o 0 0 0 o H m i N N N c`i o c t. p 0 N N O U a � O o Q aC 0 N v M � a 1 w� 7 0 0 N a n n n n r � ro o m cn cv O O O O O CA Q O N N N N N Ala a a a a � � a Kent City Council Meeting Date February 6, 2007 Category Consent Calendar 1. SUBJECT: EAGLE SCOUT PROGRAM DONATIONS —ACCEPT AND AMEND BUDGET 2. SUMMARY STATEMENT: Accept the $373 donation from Dallm Connell and authorize the expenditure of funds in the Eagle Scout Projects budget. Staff works with Boy Scouts throughout the area to develop projects of value to the City and to the Scouts for attainment of Eagle Scout honors. Dalhn Connell, Troop #414, chose to complete 200' of a gravel, accessible trait in Clark Lake Park as his Eagle Scout project. City funds are available for each project, but each Scout is encouraged to solicit donations of cash and/or materials as part of his leadership responsibilities to off-set total expenses. Dallin secured $373 in donated cash from local businesses, family and friends He secured discounts for equipment rental and material and received donations of food for the 55 volunteers Dallm led other Scouts and completed his project in November providing 372.75 volunteers hours with a value to the City of$4,473. 3 EXHIBITS: City revenue reports 4. RECOMMENDED BY: Parks and Human Services Committee (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? X Revenue? X Currently in the Budget? Yes No X If no• Unbudgeted Expense: Fund P20083.63180.530 Amount $373 00 Unbudgeted Revenue: Fund P20083.56718 Amount $373 00 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 6K PARKS, RECREATION AND COMMUNITY SERVICES Jeff Watling, Director Phone: 253-856-5100 • Fax: 253-856-6050 KENT WASHINGTON Address: 220 Fourth Avenue S. Kent, WA. 98032-5895 1 ITEM #7 DATE: January 18, 2007 TO: Kent City Council Parks and Human Services Committee FROM: Lori Flemm, Superintendent of Parks and Open Space THROUGH: Jeff Watling, Director of Parks, Recreation and Community Services SUBJECT: Eagle Scout Program Donations — Accept and Amend Budget MOTION: Move to recommend accepting the $373.00 donation from Dallin Connell and authorizing the expenditure of funds in the Eagle Scout Projects budget. SUMMARY: Staff works with Boy Scouts throughout the area to develop projects of value to the City and to the Scout for attainment of Eagle Scout honors. Dallin Connell, Troop #414, chose to complete 200'of a gravel, accessible trail in Clark Lake Park as his Eagle Scout project. City funds are available for each project, but each Scout is encouraged to solicit donations of cash and/or materials as part of his leadership responsibilities to off-set total expenses. Dallin secured $373.00 in donated cash from local businesses, family and friends. He secured discounts for equipment rental and material and received donations of food for the 55 volunteers. Dallin led other Scouts and completed his project in November providing 372.75 volunteers hours with a value to the City of$4,473.00. EXHIBITS: Revenue Reports BUDGET IMPACT: Unbudgeted fees impact revenue account number P20083.56718 and expense number P20083.63180.530. i R55GA006 City of Kent 121812006 Page 1 Journal Entry I Budget Change jDoc#: 44845 Ledger Type: AA Journal Entry Doc Type: JR Batch#: 81268 Explanation: PK#238 D. Connell ES Project GIL Date: 1202006 Automatic Reversal? No Created by: JBROOM Last Changed by: JSROOM Line# B Unit Object Subsidiary Subledger Debit Amount Credit__Amount Account Explanation Reference 1 0 P20083 56718 300 00- 0 Connell Ear lie Scout Project 20 1 11110 0010 30000 D Connell Eagle Scout Project Journal Entry Totals. 30000 300 00- tl""� I have reviewed this journal entry for accuracy, validity and appropriateness It is a true representation of transactions Incurred while conducting City business Appropriate supporting documentation is attached. Dept- Authorized by: Finance - Reviewed by: t R55GA006 City of Kent 12/80,006 Page 1 Journal Entry I Budget Change Doc#: 44459 Ledger Type: AA Journal Entry Doc Type: JR Batch#: 80588 Explanation: PK#226 D Connell ES Protect GIL Date: 11/20/2006 Automatic Reversal? No Created by: JBROOM Last Changed by: SSHAW Lme# Burnt _ Object Subsidiary Subledger _Debit Amount Credit Amount Account Explanation Reference 1 0 P20083 56718 Y3 00- D Connell Eagle Scout Project 2 0 1 11110 0010 7300 D Connell Eagle Scout Project Journal Entry Totals: 7300 73 00- I have reviewed this journal entry for accuracy, validity and appropriateness It is a true representation of transactions incurred while conducting City business Appropriate suppoiting documentation is attached. Dept -Authorized by: _ Finance- Reviewed by: I Kent City Council Meeting Date February 6, 2007 Category Consent Calendar I 1. SUBJECT: KENT DOWNTOWN PARTNERSHIP DONATION FOR HANGING BASKET PROGRAM — ACCEPT AND AMEND BUDGET 2. SUMMARY STATEMENT: Accept the $800 donation from the Kent Downtown Partnership and authorize the expenditure of funds in the Greenhouse budget The Kent Downtown Partnership donated $800 toward the cost of purchasing hanging flower baskets and liners for the 2006 season. 3. EXHIBITS: City revenue report 4. RECOMMENDED BY: Parks and Human Services Committee (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure') X Revenue? X Currently in the Budget? Yes No X If no: Unbudgeted Expense: Fund 10006600 63180 5322 Amount $800 00 Unbudgeted Revenue: Fund 10006600 56710 5322 Amount $800 00 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds i DISCUSSION: ACTION: Council Agenda Item No 6L 1 PARKS, RECREATION AND COMMUNITY SERVICES Jeff Watling, Director 440 Phone: 253-856-5100 Fax: 253-856-6050 KENT WASHINGTON Address: 220 Fourth Avenue S. Kent, WA. 98032-5895 ITEM #8 DATE: January 18, 2007 TO: Kent City Council Parks and Human Services Committee FROM: Lori Flemm, Superintendent of Parks and Open Space THROUGH: Jeff Watling, Director of Parks, Recreation and Community Services SUBJECT: Kent Downtown Partnership Donation for Hanging Basket Program — Accept and Amend Budget MOTION: Move to recommend accepting the $800.00 donation from the Kent Downtown Partnership and authorizing the expenditure of funds in the Greenhouse budget. SUMMARY: The Kent Downtown Partnership donated $800.00 toward the cost of purchasing hanging flower baskets and liners for the 2006 season. EXHIBITS: Revenue Report and PowerPoint presentation BUDGET IMPACT: Unbudgeted fees impact revenue account number 10006600.56710.5322 and expense number 10006600.63180.5322. R55GA014 Search GL by Account Number 1 it13Y2006 14 3535 GL Dales 111/2006 - 11/13/2006 Page 1 Acount Number _ Subledger GL Date Doc#_ Batch If Amount POtl Ref_2 Description _ YenAororCustpmer PC LT RN Rec W006600567105322 t0/SR006 RI 5661 781361 (3W 001 Nangmg Baskets reimPVwemenf 747148 Ntnl Downtown ParNerslup P AA Acrounl Total (300 00) Report Total I 1 i I I, i Kent City Council Meeting Date February 6, 2007 Category Consent Calendar 1. SUBJECT: EAST VALLEY HIGHWAY, S 224TH TO S. 212TH PEDESTRIAN AND BICYCLE SAFETY GRANT—ACCEPT 2. SUMMARY STATEMENT: Accept the Washington State Department of I Transportations 2006 Pedestrian and Bicycle Safety grant in the amount of$128,000, establish a budget for the funds, direct staff to spend the money accordingly for said project, and authorize the Mayor to sign all necessary documents. 3. EXHIBITS: Public Works memorandum and WSDOT agreement f4. RECOMMENDED BY: Public Works (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? X Revenue? _ Currently in the Budget? Yes _ No X If no: Unbudgeted Expense: Fund Amount $ Unbudgeted Revenue: Fund Amount $ 6. CITY COUNCIL ACTION: Councilmember moves, Councitmember seconds DISCUSSION: ACTION: Council Agenda Item No. 6M PUBLIC WORKS DEPARTMENT Larry R. Blanchard, Public Works Director IZ KENT• Phone 2`i3-856-5500 Fax: 253-856-6500 WASHINGTON Address: 220 Fourth Avenue S. Kent, WA 98032-5895 Date: January 12, 2007 To: Chair Debbie Raplee and Public Works Committee Members PW Committee Meeting Date: January 22, 2007 From: Mark Howlett, Engineering Supervisor Through- Larry Blanchard, Public Works Director Subject: East Valley Highway — Pedestrian and Bicycle Safety Grant ITEM 2 Motion: ■ Required ❑ Not Required ❑ For Information Only Move to recommend Council accept the Washington State Department of Transportation 2006 Pedestrian and Bicycle Safety grant in the amount of $128,800, establish a budget for the funds, direct staff to spend the money accordingly for said project and authorize the Mayor to sign all necessary documents. Will document be required? ❑ Ordinance ❑ Resolution ❑ Agreement ❑ Contract ❑ Policy ❑ SOP's ❑ Other Governing Policies Procedures Rules & Regulations: Background/History: The City's East Valley Highway Project will widen East Valley Highway (84`h Avenue) between State Route 167 and S. 212th Street providing three general purpose lanes in each direction and a two-way-left-turn lane. This project will also include adding sidewalks where they do not currently exist and improvements to the street light system, signal system and storm drainage system. The Washington State Department of Transportation selected the East Valley Highway Project to receive funding through its Pedestrian and Bicycle Safety Program. These funds have been authorized for the preliminary engineering and construction phases of the project. Summary: The attached agreement, in the amount of $128,800, is authorization for the design and construction phases of the City's East Valley Highway Project. In order to be reimbursed for project expenses, the City Council must accept the grant, authorize the establishment of the budget, direct staff to spend the money accordingly and authorize the Mayor to sign all necessary documents. Recommendations: Move to recommend accepting the grant funds, establishing a budget for the funds, directing staff to spend the money accordingly for said project and authorizing the Mayor to sign all necessary documents. U IPWCommrdeeUcNomFg110071PWC 011107 dw SYe; s v - a,sidK9trt+?F� State Transportation Building q •lt'lp itFi ent of T ransporita .iori 310 tv'taple P=kA, S c =_�arJ 3:�51�a�ahcn Olympia,WA 9L1504-7300 360-705-7000 TTY 1-8 0 33f!-638E •N vVwY VY ltl'li nJ i yJV June 28, 2006 1 U. I V a U Mr. Larry Blanchard JU N 30 2006 Public Works Director City ofKent CITY OF KENT 220 Fourth Avenue South ENGINEERING DEP i Alin non'zq cQ"c City of K--It East Valley Highway—S. 224ih to S. 212ih HLP-PB06(0OS) 2006 Pedestrian and Bicycle Safety Program Dear c iard: The above project has received fund authorization, effective June 23, 2006, as follows: PHASE TOTAL STATESHARE Preliminary Engineering $47,826 $2200 Construction $232,174 $106,800 Enclosed for your information and file is a fully executed copy of Highways &Local Programs State Funding Agreement LA-6119 between the state and your agency. All costs exceeding those shown on this agreement are the sole responsibility of your agency. All future correspondence relating to the project is to be submitted to your Region Local Programs Engineer, Ed Conyers, who can be reached at(206) 440-4734. Sincerely, Stephanie Tax Manager, Program Management Highways &Local Programs Division ST:dk:ac Enclosures cc: Ed Conyers, Northwest Region Local Programs Engineer, MS NB82-121 CWashington State AP Department of Transportation Agency and Address Highways and Local Programs City of Kent State Funding Agreement 220 Ah Avenue South Work by Public rent, WA 98032 Agencies Agreement Number Maximum Amount Authorized Location and Description of Work(See also Exhibit"A") $128,800 00 East Valley Highway -S. 224th St_ to S.212th St. Construct new curb, gutter and sidewalk along the Participating Percentage Project Number east and west side of the roadway where they do not 46% 111>01� C10S currently exist. This AGREEMEN I is made ana enreft•d ado fIito .!"v^r r t— _ _ 2-CKD" between the STATE OF WASHINGTON,Department of Transportation,acting by and through the Secretary of Transportation,hereinafter called the"STATE,"and the above named organization,hereinafter called the"AGENCY" WHEREAS, the AGENCY is planning the work shown above,and in connection therewith,the AGENCY has requested financial assistance for the project or program,and WHEREAS,the AGENCY has requested funds for the above shown project or program,which has been selected by the STATE for funding assistance NOW THEREFORE, in consideration of the terms,conditions,covenants,and performances contained herein,or attached and incorporated and made a part hereof, IT IS MUTUALLY AGREED AS FOLLOWS. Estimate of Funding__ (1) — - (2) -- i3> — Type of Work Estimated Total Estimated Agency Estimated Protect Funds Funds Stale Funds PE a Agency_ 45,826.00 24,746 00 21,080 00 bOther _-- — c.Other d._State 2,00000 1,080 00 92000 e Total PE Cost Estimate a+b+c+d 47,826.001 25,826.00 22,000.00 Right of Way g_Other h Other i State .Total R/W Cost Eshmate f +h+i Construction k.Contract 210,174 00 113,494 00 96,680.00 I Other m_Other---- — _` __ n Other o.-�qency_— _20,000 00 10,800 00 9,200 00 p State 2,00000 1,080.00 92000 q Total CN Cost Estimate(k+l+m+n+o+p) 232,174.00 125,374.00 106,800.00 r.Total Project Cost Estimate(e+f+V) 280,000.00 151,200.001 128,800.00 DOT Form 7 9100 EF Revised 9/00 iV General Legal Relations The AGENCY agrees to perform the above described work in accordance No liability shall attach to the AGENCY or the STATE by reason of with the Protect Application attached hereto as'Exhibit A'and made a part entering into this AGREEMENT except as expressly provided herein of this AGREEMENT Plans, specifications, and cost estimates shall be prepared by the V AGENCY in accordance with the current State of Washington Standard Nondiscrimination Specifications for Road, Bridge, and Municipal Construction and adopted design standards, unless otherrnse noted The AGENCY will incorporate The AGENCY agrees to comply with all applicable state and federal laws, the plans and specifications into the AGENCYs project and thereafter rules, and regulations oercainmg to nondiscr,m�nation and agrees to aovertise the resulting protect for bid and,assuming bids are received and require the same of all subcontractors providing services or performing a contract is awarded,administer the contract,or if the project is of a size any work using funds provided under this AGREEMENT which the AGENCY is authorized to perform with its own forces under the laws of the State of Washington, the AGENCY may proceed with its own Vi forces Venue , All work performed under this AGREEMENT shall comply with the applicable provisions of state taw For the convenience of the parties to this AGREEMENT, it is agreed that (I any claims and/or causes of action which the AGENCY has against the STATE, growing out of this AGREEMENT or the protect or program with Payment which it is concerned, shall be brought only in the Superior Court for Thurston County I ne.�I H I t,In CUUSIUeia UOl I Vi a IC im ii liui Np"oornan ce of U`z t. :'.c ti� performed by the AGENCY, agrees to reimburse the AGENCY for trip VIl percentage of the actual direct and related indirect cost of the work shown Termination above, up to the "MAXIMUM AMOUNT AUTHORIZED" The agency will comply with Governmental Accounting Auditing and Financial Reporting The Secretary of the Department of Transportation may terminate this Standards and applicable state law and local regulations, policies and AGREEMENT if the funding becomes unavailable or if the Secretary procedures No payment will be made for work done prior to execution of determines that it is in the best interest of the STATE this AGREEMENT. Partial payments shall be made by the STATE, upon request of the Vill AGENCY, to cover costs incurred These payments are not to be more Final Report and Final Inspection frequent than one (1) per month It is agreed that any such partial payment will not constitute agreement as to the appropriateness of any Within ninety (90) days following the completion of the project and item and that,at the time of the final audit,all required adjustments will be submission of the final billing for the project, a final report and/or final made and reflected in a final payment The AGENCY agrees 10 submit a inspection shall be submitted to the Assistant Secretary for Highways & final bill to the STATE within forty-five (45) days after the AGENCY has Local Programs containing the following information completed work The AGENCY agrees that all costs in excess of the amount authorized and Non-Capital Protects the AGENCY's matching funds shall be the responsibility of the AGENCY. 1 A description of the project or program Ill 2. A summary of actual costs of the project or program Audit 3. An evaluation of the project or program this should address aspects such as transportation and/or other benefits to the public. The AGENCY agrees that an audit may be conducted by the STATE During the progress of the work and for a period not less than three (3) Capital Protects years from the date of final payment to the AGENCY, the records and 1 A final inspection is required. accounts pertaining to the work and accounting thereof are to be kept available for inspection and audit by the STATE and copies of all records, IX accounts, documents, or other data pertaining to the project will be Supplement furnished upon request If any litigation,claim,or audit is commenced,the records and accounts along with supporting documentation shall be This agreement may be modified or supplemented only in writing by both retained until all litigation, claim,or audit finding has been resolved even though such litigation, claim, or audit continues past the three-year parties retention period IN WITNESS WHEREOF,the parties hereto have executed this AGREEMENT on the day and year last written below. AGENCY STATE By: •1 _ By: Assistant Sec tary for Highways and Local Programs Title: Public Works Director Date: (� rj l EJ _ Date: DOT Form 140-037 EF Revised 9100 Kent City Council Meeting Date February6, 2007 Category Consent Calendar 1. SUBJECT: MILITARY ROAD AND S. 268TH STREET PEDESTRIAN AND BICYCLE SAFETY GRANT— ACCEPT 2. SUMMARY STATEMENT: Accept the Washington State Department of Transportations 2006 Pedestrian and Bicycle Safety grant in the amount of$87,000, establish a budget for the funds, direct staff to spend the money accordingly for said project, and authorize the Mayor to sign all necessary documents 1 1 3. EXHIBITS: Public Works memorandum and WSDOT agreement 4. RECOMMENDED BY: Public Works (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure9 X Revenue?_ Currently in the Budget? Yes No X If no: Unbudgeted Expense: Fund Amount $ Unbudgeted Revenue: Fund Amount $ 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No 6N l PUBLIC WORKS DEPARTMENT Larry R. Blanchard, Public Works Director • KENT Phone 253-856- 500 WASHINGTON Fax 253-856-6500 Address: 220 Fourth Avenue S. Kent, WA 98032-5895 Date: January 12, 2007 To: Chair Debbie Raplee and Public Works Committee Members PW Committee Meeting Date: January 22, 2007 From: Mark Howlett, Engineering Supervisor Through: Larry Blanchard, Public Works Director Subject: Military Road/S. 268th Street Intersection — Pedestrian and Bicycle ' Safety Grant ITEM 3 Motion: ■ Required ❑ Not Required ❑ For Information Only Move to recommend Council accept the Washington State Department of Transportation 2006 Pedestrian and Bicycle Safety grant in the amount of $87,000, establish a budget for the funds, direct staff to spend the money accordingly for said project and authorize the Mayor to sign all necessary documents. Will document be required? ❑ Ordinance ❑ Resolution ❑ Agreement ❑ Contract ❑ Policy ❑ SOP's ❑ Other Governing Policies Procedures Rules & Regulations: Background/History: The City's Military Road/S 268t" Street Project will construct new curb, gutter and sidewalk along the three legs of the intersection where they do not currently exist. This project will also include upgrades to the illumination system. These improvement will provide a safer intersection for pedestrians and bicyclists. The Washington State Department of Transportation selected the Military Road/S. 268"' Street Project to receive funding through its Pedestrian and Bicycle Safety Program. These funds have been authorized for the preliminary engineering and construction phases of the project. Summary: The attached agreement, in the amount of $87,000, is authorization for the design and construction phases of the City's Military Road/S. 2681' Street Project In order to be reimbursed for project expenses, the City Council must accept the grant, authorize the establishment of the budget, direct staff to spend the money accordingly and authorize the Mayor to sign all necessary documents. 1 Recommendations: Move to recommend accepting the grant funds, establishing a budget for the funds, directing staff to spend the money accordingly and authorizing the Mayor to sign all necessary documents for said project. U W NC..,It.UctmnPnge170071 PWC07]I07 dm Washington State "transportation Building c Department a6 Trcansporf--*ion 3 O Fe"aple Park 11,verue S E PC, arn,47?0r, :s�teytas c, sr€aessv:saaa Olympia,VJA 98504-7300 Fc€@iciV of Trarsoc��aU�n 360-705-7000 -;v ?-av0-Bs3�388 v.,vw wGdo wa,q0V June 28, 2006 REUti vE Mr. Larry Blanchard � N 0 2006Public `Yorks Director City of Kent CITY OF KENI 220 Fourth Avenue South ENGINEERING DEBT Kent_ WA 98032-5895 City of Kent Military Road/S. 268th Street I/S HLP-PB06(006) 2006 Pedestrian and Bicycle Safety Program Dear Mr card: The above project has received fund authorization, effective June 23, 2006, as follows: PHASE TOTAL STATE SHARE Preliminary Engineering $18,750 $15,000 Construction $901000 $721000 Enclosed for your information and file is a fully executed copy of Highways &Local Programs State Funding Agreement LA-6120 between the state and your agency. All costs exceeding those shown on this agreement are the sole responsibility of your agency. All future correspondence relating to the project is to be submitted to your Region Local Programs Engineer, Ed Conyers, who can be reached at (206)440-4734. Sincerely, * - 4�0 Stephanie Tax Manager, Program Management Highways &Local Programs Division ST:dk:ac Enclosures cc: Ed Conyers,Northwest Region Local Programs Engineer,MS N1382-121 AM Ar"" Washington State f Department of Transportation Agency and Address Highways and Local Programs City of Kent State Funding Agreement 220 4th Avenue South Work by Public Kent, WA 98032 Agencies Agreement Number Maximum Amount Authorized Location and Description of Work (See also Exhibit"A") 0 $87,000.00 Military RoadJS 268th Street Intersection -Construct " new curb, gutter and sidewalk along 3 legs of the Participating Percentage Project Number intersection and reconstruct the existing sidewalk 80% along the north stile of S. 26&th. Add street lights. Th,e A(=PFFA6_A1-,c mnrio and. nfororl nfn thiC -7 fi.gv of .kl'f_l-c, ZCICX0 between the STATE OF WASHINGTON,Department of Transportation,acting by and through the Secretary of Transportation,hereinafter called the"STATE,"and the above named orgamzaLon, hereinafter called the"AGENCY" WHEREAS, the AGENCY is planning the work shown above,and in connection therewith,the AGENCY has requested financial Iassistance for the project or program,and WHEREAS, the AGENCY has requested funds for the above shown protect or program,which has been selected by the STATE for funding assistance. NOW THEREFORE, in consideration of the terms,conditions,covenants,and performances contained herein,or attached and incorporated and made a part hereof, IT IS MUTUALLY AGREED AS FOLLOWS Estimate of Funding_ I� Type of Work Estimated Total Estimated)Agency I Estimated Project Funds Funds State Funds PE l _a_Age _ 17,750.00 3,550 00 14,200.00 b Other c_Other d State 1,000.00 _ 200.00 80000 e Total PE Cost Estimate a+b+c+d 18,750.00 3,750.001 15,000 00 Right of Way f.Agency _ y_Other h Other _ i.State j.Total RAN Cost Estimate f +h+1 Construction k Contract 79,500 00 15,900.00 63,600 00 I. Other _ __ _ m_ Other n.Other o. nc Agey 9,00000 1,80000 7,200-0 0 p State 1,50000 _300.00 1,200 o0 r q Total CN Cost Estimate(k+l+m+n+o+p) 90,000.00 18,000.00 72,000.00 r.Total Project Cost Estimate(e+l+q) 1 108,750.001 21,750.00 87,000.00 DOT Forth 140-087 EF Revised 9100 IV General Legal Relations The AGENCY agrees to perform the above described work to accordance No liability shall attach to the AGENCY or the STATE by reason of with the Project Application attached hereto as"Exhibit A"and made a part entering into this AGREEMENT except as expressly provided herein of this AGREEMENT Plans, specifications and cost estimates shall be V P prepared by the AGENCY in accordance with the current State of Washington Standard Nondiscrimination Specifications for Road, Bridge, and Municipal Construction and adopted The AGENCY agrees to comply w Lh all applicable state and federal laws, design standards,unless otherwise noted The AGENCY will incorporate the plans and specilicatons into the AGENCY's project and thereafter rules, and regulations perta mng to nondiscrimination and agrees to advertise the resulting project for bid and,assuming bids are received and require the same of all subcontractors providing services or performing a contract is awarded, administer the contract,or if the project is of a size any work using funds provided under this AGREEMENT. which the AGENCY is authorized to perform wit,its own forces under the laws of the State of Washington,the AGENCY may proceed with its own VI forces Venue All work performed under this AGREEMENT shall comply with the applicable provisions of state law For the convenience of the parties to this AGREEMENT, it is agreed that I( any claims and/or causes of action which the AGENCY has against the STATE, growing out of this AGREEMENT or the project or program with Payment which it is concerned, shall be brought only in the Superior Court for Thurston County Tha CTATi= in mneirlerahori of thr(arth5il narformance of the work to be performed by the AGENCY, agrees to reimburse the AGENCY for the Vll percentage of the actual direct and related indirect cost of the work shown Termination above, up to the "MAXIMUM AMOUNT AUTHORIZED" The agency volt comply with Governmental Accounting Auditing and Financial Reporting The Secretary of the Department of Transportation may terminate this Standards and applicable state law and local regulations, policies and AGREEMENT if the funding becomes unavailable or if the Secretary procedures No payment will be made for work done prior to execution of determines that it is in the best interest of the STATE this AGREEMENT Partial payments shall be made by the STATE, upon request of the Vlll AGENCY, to cover costs incurred These payments are not to be more Final Report and Final Inspection frequent than one (1) per month It is agreed that any such partial payment will not constitute agreement as to the appropriateness of any Within ninety (90) days following the completion of the protect and item and that,at the time of the final audit,all required adjustments will be submission of the final billing for the project, a final report andior final made and reflected in a final payment The AGENCY agrees to submit a inspection shall be submitted to the Assistant Secretary for Highways & final bill to the STATE within forty-five (45) days after the AGENCY has Local Programs containing the following information completed work The AGENCY agrees that all costs in excess of the amount authorized and Non-Capital Protects the AGENCY's matching funds shall be the responsibility of the AGENCY 1. A description of the project or program Ill 2. A summary of actual costs of the project or program Audit 3. An evaluation of the project or program This should address aspects such as transportation and/or other benefits to the public The AGENCY agrees that an audit may be conducted by the STATE During the progress of the work and for a penod not less than three (3) Capital Protects years from the date of final payment to the AGENCY, the records and 1 A final inspection is required. accounts pertaining to the work and accounting thereof are to be kept available for mspectiori and audit by the STATE and copes of all records, IX accounts, documents, or other data pertaining to the project will be Supplement furnished upon request. If any litigation,claim,or audit is commenced,the records and accounts along with supporting documentation shall be retained until all litigation, claim,or audit finding has been resolved even This agreement may be modified or supplemented only in writing by both though such litigation, claim, or audit continues past the three-year parties retention period. IN WITNESS WHEREOF,the parties hereto have executed this AGREEMENT on the day and year last written below. AGENCY STATE By. By. —A-7— Assistant Secr tary for Highways and Local Programs Title: Public Works Director --- -- — — ----- JUN 7 e i Z006 Date: �S' lI (/R%! Date- DOT Form 140-087 EF Revised 9/00 Kent City Council Meeting Date February 6, 2007 Category Consent Calendar 1. SUBJECT: SE 248TH STREET TO 101 ST PLACE PEDESTRIAN AND BICYCLE SAFETY GRANT — ACCEPT 2, SUMMARY STATEMENT: Accept the Washington State Department of Transportations 2006 Pedestrian and Bicycle Safety grant in the amount of$75,000, establish a budget for the funds. direct staff to spend the money accordingly for said project, and authorize the Mayor to sign all necessary documents 3. EXHIBITS: Public Works memorandum and WSDOT agreement 4. RECOMMENDED BY: Public Works (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? X Revenue? Currently in the Budget? Yes No X If no: Unbudgeted Expense: Fund Amount $ Unbudgeted Revenue: Fund Amount $ 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No 60 PUBLIC WORKS DEPARTMENT Larry R. Blanchard, Public Works Director Phone: 253-856-5500 KEN T Fax. 253-856-6500 WASHINGTON Address: 220 Fourth Avenue S. Kent, WA 98032-5895 Date: January 12, 2007 To: Chair Debbie Raplee and Public Works Committee Members PW Committee Meeting Date: January 22, 2007 From: Mark Howlett, Engineering Supervisor Through: Larry Blanchard, Public Works Director Subject: SE 248th Street at 1015L Place SE—Pedestrian and Bicycle Safety Grant ITEM 4 Motion: ■ Required ❑ Not Required ❑ For Information Only Move to recommend Council accept the Washington State Department of Transportation 2006 Pedestrian and Bicycle Safety grant in the amount of$75,000, establish a budget for the funds, direct staff to spend the money accordingly for said project and authorize the Mayor to sign all necessary documents. Will document be required? ❑ Ordinance ❑ Resolution ❑ Agreement ❑ Contract ❑ Policy ❑ SOP's ❑ Other Governing Policies Procedures Rules & Regulations: Background/History: The City's SE 248th Street at 101st Place SE Project will construct new curb, gutter and sidewalk along the east and west side of SE 2481h Street near 1015t Place SE where they do not currently exist. This project will also include upgrades to the illumination system. These improvements will provide a safer intersection for pedestrians and bicyclists. The Washington State Department of Transportation selected the SE 248th Street at 101st Place SE Project to receive funding through its Pedestrian and Bicycle Safety Program These funds have been authorized for the preliminary engineering and construction phases of the project. Summary: The attached agreement, in the amount of $75,000, is authorization for the design and construction phases of the City's SE 2481h Street at 101't Place SE Project. In order to be reimbursed for project expenses, the City Council must accept the grant, authorize the establishment of the budget, direct staff to spend the money accordingly and authorize the Mayor to sign all necessary documents. Recommendations: Move to recommend accepting the grant funds, establishing a budget for the funds, directing staff to spend the money accordingly and authorizing the Mayor to sign all necessary documents for said project. UIPN'CommnlceWtlanPngeL'W7f011?07 Ax AdkbL � Washington State Transportation Building `' Department of Transportation 310 Maple Park Avenue S E Douglas B. MacDonald PO Box47300 Secretary of Transportation Olympia,WA 98504-7300 360-705-7000 TTY 1-800-833-6388 www wsdot wa gov June 28, 2006 RECELEID W. Larry Blanchard Public Works Director JU N 3 0 200S City ofKent CITY O KEN 220 Fourth Avenue South Kent,WA 98032-5895 ENGINE�RII�G DEFT City of Kent SE 248`1' Street @ 101"Place HLP-PB06(007) 2006 Pedestrian and Bicycle Safety Program Dear Mr c yard: The above project has received fund authorization, effective June 23, 2006, as follows: PHASE TOTAL STATE SHARE Preliminary Engineering $15,625 $12,500 Construction $78,125 $62,500 Enclosed for your information and file is a fully executed copy of Highways &Local Programs State Funding Agreement LA-6121 between the state and your agency. All costs exceeding those shown on this agreement are the sole responsibility of your agency. All future correspondence relating to the project is to be submitted to your Region Local Programs Engineer, Ed Conyers, who can be reached at (206)440-4734. Sincerely, Stephanie Tax Manager, Program Management Highways & i.ocal Programs Division � t9 ST:dk•ac Enclosures cc: Ed Conyers,Northwest Region Local Programs Engineer,MS NB82-121 � Washington State �!/ Department of Transportation Agency and Address Highways and Local Programs City of Kent State Funding Agreement 220 4th Avenue south Work by Public Kent, WA 98032 Agencies Agreement Number Maximum Amount Authorized Location and Description of Work (See also Exhibit"A") Ili, b I Z i $75,000 00 SE 248th Street at 101st Place Construct new curb, gutter and sidewalk along the Participating Percentage Project Number east and west side of the roadway where they do not 80 eta currently exist. 2D This AGREEMENT is made and entered into this ZJ _ day of J u("if- 2CXJ4between the STATE OF WASP 11NGTON,Departmcnt of Transpodat.on, acting by and through:he Secreta y of Transportation hereinafter called the"STATE,"and the above named organization, hereinafter called the"AGENCY" WHEREAS, the AGENCY is planning the work shown above,and in connection therewith,the AGENCY has requested financial assistance for the project or program, and WHEREAS,the AGENCY has requested funds for the above shown project or program,which has been selected by the STATE for funding assistance. NOW THEREFORE, in consideration of the terms, conditions,covenants,and performances contained herein,or attached and incorporated and made a pad hereof,IT IS MUTUALLY AGREED AS FOLLOWS. _Estimate of Fundinng --_ (t) (2) (3) Type of Work I Estimated Total Estimated Agency I Estimated I Protect Funds i Funds j State Funds PE a.A 14,625.001 _ 2,925.00 1 11,700.00 b_ Other c.Other _ I d State_ _ 1,000 00 _ 20000 , _ 80000 < e Total PE Cost Estimate a+b+c+d) 15,625 001 3,125.00 ; 12,500.00 t' 4irFf Of Way f Anonry g Other ------------- ----- h. Other_ _ i State_ - - Total RAN Cost Estimate f +h+i) — Construction k Contract 69,125.001 13,825 OD 55,300 00 -------- - -- 1 Other -- -- - -- - - -- - -i- --- - ------ ----- ------- - - -- - m Other - n Other f - r o_Agency � 8,000 OO) i,600 00 t 6,40C 00 p State _ _ 1,000 00 200 00 l fi00 00 - - - - q.Total CN Cost Estimate(k+1+m+n+o+p) ( 78,125.001 15,625.00 62 500.OD r.Total Project Cost Estimate(e+j+q) 93,750.00 18,750.60 75,000.00 DOT Form 140-067 EF / Revised 9100 I IV General Legal Relations The AGENCY agrees to perform the above described work In accordance No liability shall attach to the AGENCY or the STATE by reason of with the Project Application attached hereto as"Exhibit A"and made a part entering into this AGREEMENT except as expressly provided herein of this AGREEMENT. Plans, specifications, and cost estimates shall be prepared by the V AGENCY In accordance with the current State of Washington Standard Nondiscrimination Specifications for Road, Bridge,and Municipal Construction and adopted design standards,unless otherwise noted The AGENCY will incorporate The AGENCY agrees to comply with all applicable state and federal laws, the plans and specifications into the AGENCY's project and thereafter rules, and regulations pertaining to nondiscrimination and agrees to advertise the resulting project for bid and,assuming bids are received and require the same of all subcontractors providing services or performing a contract is awarded,administer the contract,or if the project is of a size any work using funds provided under this AGREEMENT which the AGENCY is authorized to perform with its own forces under the laws of the Stale of Washington,the AGENCY may proceed with its own VI forces Venue All work performed under this AGREEMENT shall comply with the For the convenience of the parties to this AGREEMENT. It is agreed that applicable provisions of state law any claims and/or causes of action which the AGENCY has against the Il STATE,growing out of this AGREEMENT or the project or program with Payment which it is concerned, shall be brought only In the Superior Court for Thurston County The STATE,in consideration of the faithful performance of the work to be performed by t."a AGENCY, agrees to reimburse the AGENCY for the Vll percentage of the actual direct and related indirect cost of the work shown Termination above, up to the"MAXIMUM AMOUNT AUTHORIZED" The agency will comply with Governmental Accounting Auditing and Financial Reporbng The Secretary of the Department of Transportation may terminate this Standards and applicable state law and local regulations, policies and AGREEMENT if the funding becomes unavailable or if the Secretary procedures No payment will be made for work done prior to execution of determines that it is in the best interest of the STATE this AGREEMENT Partial payments shall be made by the STATE, upon request of the Vlll AGENCY, to cover costs incurred These payments are not to be more Final Report and Final Inspection frequent than one (1) per month It is agreed that any such partial payment will not constitute agreement as to the appropriateness of any Within ninety (90) days following the completion of the project and item and that,at the time of the final audit,all required adjustments will be submission of the final billing for the project, a final report and/or final made and reflected In a final payment The AGENCY agrees to submit a inspection shall be submitted to the Assistant Secretary for Highways & final bill to the STATE within forty-five (45) days after the AGENCY has Local Programs containing the following information completed work The AGENCY agrees that all costs in excess of the amount authorized and Non-Capital Protects the AGENCY's matching funds shall be the responsibility of the AGENCY 1 A description of the protect or program. III 2. A summary of actual costs of the project or program Audit 3 An evaluation of the project or program This should address aspects such as transportation and/or other benefits to the public The AGENCY agrees that an audit may be conducted by the STATE During the progress of the work and for a period not less than three (3) Capital Protects years from the date of final payment to the AGENCY, the records and 1 A final inspection Is required. accounts pertaining to the work and accounting thereof are to be kept available for Inspection and audit by the STATE and copies of all records, IX accounts, documents or other data Dertaininq to the orotect will be furnished upon request If any litigation,claim,or audit Is commenced,the —rr•�••• ••- records and accounts along with supporting documentation shall be retained until all litigation,claim,or audit finding has been resolved even This agreement may be modified or supplemented only in writing by both though such litigation, claim, or audit continues past the three-year parties retention period IN WITNESS WHEREOF,the parties hereto have executed this AGREEMENT on the day and year last written below. AGENCY STATE B -- -- y — Asststant S etary for Highways and Local Programs Title- Public Works Director Date: Q S— C(46 Date: Jug DOT Form 140-087 EF PP..',!91110 Kent City Council Meeting Date February 6, 2007 Category Consent Calendar 1. SUBJECT: ANCHOR ENVIRONMENTAL CONTRACT FOR LAKE MERIDIAN OUTLET PROJECT — AUTHORIZE 2. SUMMARY STATEMENT: Authorize the Mayor to sign the Anchor Environmental, LLC, Agreement for the Lake Meridian Outlet Project in the amount of$45,608 upon concurrence of the language therein by the City Attorney and the Public Works Director ` 3. EXHIBITS: Public Works memorandum, Consultant services agreement and scope of work 4 RECOMMENDED BY: Public Works Committee (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. 6P PUBLIC WORKS DEPARTMENT Larry R. Blanchard, Public Works Director • KEN T Phone: 253-856-5500 Wn5„I„0*0„ Fax: 253-856-6500 Address: 220 Fourth Avenue S. Kent, WA 98032-5895 1 Date: January 18, 2007 To: Chair Debbie Raplee and Public Works Committee Members PW Committee Meeting Date: January 22, 2007 From: Mike Mactutis, Environmental Engineering Manager Through: Larry Blanchard, Public Works Director Subject: Anchor Environmental, LLC Contract Agreement Motion: ■ Required ❑ Not Required ❑ For Information Only Recommend authorization for the Mayor to sign the Anchor Environmental, LLC Contract Agreement for the Lake Meridian Outlet Project in the amount of $45,608 upon concurrence of the language therein by the City Attorney and Public Works Director. Will document be required? ❑ Ordinance ❑ Resolution ❑ Agreement ■ Contract ❑ Policy ❑ SOP's ❑ Other Governing Policies Procedures Rules & Regulations: Background/History: This project is included in the Green Duwamish Ecosystem Restoration Program list of projects. Phase 1 started construction in 2006 and is currently scheduled to continue construction into 2007 - 2008. The realignment of the Lake Meridian Outlet (Cow Creek) is a complex project due to several factors which have resulted in increased amounts of work beyond the current contract scope. Permitting agencies have required additional analysis to potential downstream effects from this project prior to permit issuance. The current contract is additional work required to secure the Hydraulic Project Approval permit to complete Phase 2 work This contract also provides for consultant inspection assistance during construction of Phases 1 and 2. Summary: The consultant contract agreement for Anchor Environmental LLC in the amount of $45,608 is for additional analysis requested before permitting of the phase 2 construction can begin as well as construction inspection assistance as needed for Phase 1 and 2. Recommendations: Recommend authorization for the Mayor to sign the consultant contract agreement and establish a budget. U IPWCummnreeUclimPage120071PWC12207abc • KENT WASH I.GTON CONSULTANT SERVICES AGREEMENT between the City of Kent and Anchor Environmental, LLC THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Anchor Environmental, LLC organized under the laws of the State of Washington, located and doing business at 803 Kirkland Avenue, Suite 100/PO Box 2517, Kirkland. WA 98083-2517, Phone. (425) 827-3243/Fax: (425) 827-3509, Contact Gerald Bibee (hereinafter the "Consultant"). I. DESCRIPTION OF WORK. Consultant shall perform the following services for the City in accordance with the following described plans and/or specifications- The Consultant shall provide services for hydrologic and hydraulic modeling, design revisions, and project management/coordination services necessary to secure a permit for the Cow Creek Relocation/Restoration Project For a detailed description, see the Scope of Work which is attached as Exhibit A and incorporated by this reference Consultant further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices in effect at the time those services are performed. II. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in Section I above immediately upon the effective date of this Agreement Upon the effective date of this Agreement, Consultant shall complete the work described in Section I by December 31, 2007. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed Forty Five Thousand, Six Hundred Eight Dollars ($45,608 00) for the services described in this Agreement. This is the maximum amount to be paid under this Agreement for the work described in Section I above, and shall not be exceeded without the prior written authorization of the City in the form of a negotiated and executed supplemental agreement The Consultant agrees that the hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rate(s) for a period of one (1) year from the effective date of this Agreement. The Consultant's billing rates shall be as delineated in Exhibit A. ii B. The Consultant shall submit monthly payment invotces to the City for work performed, and a final bill upon completion of all services described in this Agreement The City shall provide payment within forty-five (45) days of receipt of an invoice. If the City objects to all or any portion of an invoice, it shall notify the Consultant and reserves the option to only pay that CONSULTANT SERVICES AGREEMENT- I (Over$10,000) portion of the invoice not in dispute. In that event, the parties will immediately make every effort to settle the disputed portion. IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor- Employer Relationship will be created by this Agreement and that the Consultant has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days written notice at its address set forth on the signature block of this Agreement. After termination, the City may take possession of all records and data within the Consultant's possession pertaining to this project, which may be used by the City without restriction If the City's use of Consultant's records or data is not related to this project, it shall be without liability or legal exposure to the Consultant. VI. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any subcontract, the Consultant, its subcontractors, or any person acting on behalf of the Consultant or subcontractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates Consultant shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. VII. INDEMNIFICATION. Consultant shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Consultant's performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. The City's inspection or acceptance of any of Consultant's work when completed shall not be grounds to M avoid any of these covenants of indemnification. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4 24 115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, agents and volunteers, the Consultant's liability hereunder shall be only to the extent of the Consultant's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. The provisions of this section shall survive the expiration or termination of this Agreement. VIII. INSURANCE. The Consultant shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit B attached and incorporated by this reference. CONSULTANT SERVICES AGREEMENT-2 (Over$10,000) IX. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide reasonable accuracy of any information supplied by it to Consultant for the purpose of completion of the work under this Agreement. X. OWNERSHIP AND USE OF RECORDS AND DOCUMENTS. Original documents, drawings, designs, reports, or any other records developed or created under this Agreement shall belong to and become the property of the City. All records submitted by the City to the Consultant will be safeguarded by the Consultant Consultant shall make such data, documents, and files available to the City upon the City's request The city's use or reuse of any of the documents, data and files created by Consultant for this project by anyone other than Consultant on any other project shall be without liability or legal exposure to Consultant. ' XI. CITY'S RIGHT OF INSPECTION. Even though Consultant is an independent contractor with the authority to control and direct the performance and details of the work authorized under this Agreement, the work must meet the approval of the City and shall be subject to the City's general right of inspection to secure satisfactory completion. XII. WORK PERFORMED AT CONSULTANT'S RISK. Consultant shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be done at Consultant's own risk, and Consultant shall be responsible for any loss of or damage to matei ials, tools, or other articles used or held for use in connection with the work. XIII. MISCELLANEOUS PROVISIONS. A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its ' contractors and consultants to use recycled and recyclable products whenever practicable A price preference may be available for any designated recycled product B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. C. 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 are unable to settle any dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the 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 arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section VII of this Agreement. D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, 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 hereafter specified in writing. CONSULTANT SERVICES AGREEMENT-3 (Over$10,000) E. Assignment Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. If the non-assrgmng 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. F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement 1� shall be binding unless in writing and signed by a duly authorized representative of the City and Consultant G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering Into or forming a part of or altering in any manner 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. H. Compliance with Laws. The Consultant agrees to comply with all federal, state, and municipal laws, rules, and regulations that arc now effective or in the future become applicable to Consultant's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. CONSULTANT: CITY OF KENT: ' By: By: (signature) (vegnature) Pnnt Name: Print Name: Suzette Cooke Its its Mayor (Title) (Title) DATE: DATE: NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONSULTANT: CITY OF KENT: Gerald Bibee Larry R. Blanchard Anchor Environmental, LLC City of Kent PO Box 2517 220 Fourth Avenue South Kirkland, WA 98083-2517 Kent, WA 98032 (425) 827-3243 (telephone) (253) 856-5500 (telephone) (425) 827-3509 (facsimile) (253) 856-6500 (facsimile) APPROVED AS TO FORM: a n Kent Law Department Anchor Envtommental-Cow Creek/Tan CONSULTANT SERVICES AGREEMENT-4 (Over$10,000) ' DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City's equal employment opportunity policies. The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative response is required on all of the following questions for this Agreement to be valid and binding. If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of contract and it will be at the City's sole determinatton regarding suspension or termination for all or part of the Agreement; The questions are as follows: ' 1. I have read the attached City of Kent administrative policy number 1.2. 2. During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability. 3. During the time of this Agreement the prime contractor will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 4. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities. 5. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime Contractor, that the Prime Contractor complied with the requirements as set forth above. ' By signing below, I agree to fulfill the five requirements referenced above. Dated this day of 200_. By. For: ' Title: Date: ' EEO COMPLIANCE DOCUMENTS- I CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE January 1, 1998 ' SUBJECT. MINORITY AND WOMEN SUPERSEDES- April 1, 1996 ' CONTRACTORS APPROVED BY Jim White, Mayor ' POLICY• Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2 Actively consider for promotion and advancement available mmonties and women. ' Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are farmhar with the regulations and the City's equal employment opportunity policy 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. ' EEO COMPLIANCE DOCUMENTS-2 , CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT ' This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement I, the undersigned, a duly represented agent of Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as that was entered into on the (date) , between the firm I represent and the City of Kent. I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before-mentioned Agreement Dated this day of 200_. By. For: ' Title: ' Date: 1 it v ' EEO COMPLIANCE DOCUMENTS -3 Exhibit A Additional Phase 2 Analysis/Design Services Cow Creek Relocation/Restoration Project For City of Kent Anchor Environmental Team Revised January 15, 2007 This exhibit defines the additional professional services (beyond the previously authorized scope or work) to be provided to the City of Kent, Public Works Department (Client) by Anchor Environmental, L L.C. (Anchor, Prime Consultant, formerly Montgomery Water Group, Inc prior to 9/1/06 merger) for the Cow Creek Relocation/Restoration Project, Phase 2 Design in coordination MGS Engineering Consultants (MGS), hydrologic modeling subconsultant. The project relocation/restoration reach extends between the Lake Meridian Outlet, west of 152nd ' Way SE, and the future Cow Creek confluence with Big Soos Creek (within the City of Kent Lake Meridian Park and King County Gary Grant Soos Creek Park). The Phase 2 design work includes the Lake Meridian outlet improvements extending approximately 500 feet downstream of the lake outlet, habitat improvements in the remaining 600 feet of the existing channel zone, approximately 2,250 feet of relocated Cow Creek channel from the point of confluence with the existing channel to the Big Soos Creek confluence, and the wetland mitigation reach along the existing channel corridor extending downstream to its crossing of 152nd Avenue NE. The scope of work for the additional services is described in more detail below along with the estimated fee for those services ' Scope of Additional Phase 2 Services This scope of work identifies additional hydrologic and hydraulic modeling, wetland liner ' assessment, design revisions, and project management/coordination services expected to be needed to secure a remaining permit (WDFW HPA) for the Cow Creek Relocation/Restoration project. It also includes I muted on-call construction phase observation/reporting assistance The responsibilities of Anchor and subconsultant (MGS) in securing the remaining WDFW HPA for Phase 2 of the project are identified for each task below. ' Task I —Hydrologic Evaluation of Lake Meridian Outlet Improvements Effect on Big Soos Creek ' 1.1 Obtain and review the HSPF hydrologic model for the King County Big Soos Creek Basin. Identify model input adjustments needed to integrate the Lake Meridian subbasin and the Meridian Valley Creek subbasin HSPF (project) models into it. Combine models and adjust model inputs (e.g ,precipitation distribution and loss parameters) for consistency This assumes no need to update the basin plan model for , land cover, soils, and slope parameters (KC basin plan model is 1995 land use). This also assumes that further model calibration will not be required 1.2 Run HSPF model simulations for existing conditions and for with project improvements and statistically analyze results to develop recurrence interval flood flows and monthly flow and stage (for wetlands) durations at up to eight locations (lake outlet, new and existing channels at flow sphtter, new channel at Big Soos Creek confluence, existing channel at Wetlands C, D, and E, and Big Soos Creek at hatchery). Also run 1 ' supplemental model simulations for alternative flow sputter and wetland mitigation design (without liner) conditions Plot results pertinent to WDFW concerns and review with City staff. 1.3 Prepare an additional update to the hydrologic analysis report previously prepared for the Cow Creek project that summarizes the results of this task Forward to City staff for review and finalize it for submittal in response to comments (assumes no further hyrdrologic analyses will be required after the draft submittal). 1.4 Prepare a letter to address prior WDFW comments based on results on the Task 1 analysis Forward in draft form for City staff review, and finalize it for submittal in response to comments. Task 2-Hydraulic Evaluation of Cow Creek Flow Splitter Effects on Downstream Flow Distribution 2.1 Review the flow splatter in the current design to define alternative flow split opportunities Develop hydraulic rating curves for those alternative conditions (up to two assumed) Integrate those ratings with the Task 1 hydrologic analysis to determine downstream flow distribution effect between the existing and new channels. 2.2 Re-run HEC-RAS hydraulic models of the new and existing channels (extending through Wetlands C through F) to determine hydraulic effects (flow depths, velocities, scour potential) of re-distribution of Lake Meridian outlet and tributary downstream runoff contributions. Tabulate and plot results pertinent to WDFW concerns and review with City staff 2.3 Research the availability of the Big Soos Creek (FEMA) hydraulic model and determine the need to run alternative simulations to demonstrate the effects of changing recurrence interval flood flows (with changes in flow splits) on the creek hydraulics including floodplain elevations and velocities. Re-run of Big Soos Creek hydraulic model simulations is not included, but could be added by supplement as requested. 2.4 Prepare a technical memorandum to summarize the supplemental hydraulic analysis results completed with this task. Forward to City staff for review and finalize it for submittal in response to comments (assumes no further hydraulic analysis will be required after the draft submittal). Task 3—Re-evaluate Wetland Restoration Area Liner Needs and Design Implications 3.1 Meet with City and Department of Ecology staff and review the implications of eliminating the Wetlands C through F (or some portion of) soil-bentomte liner on project mitigation needs If this appears to be possible without resulting in supplemental wetland mitigation needs, evaluate the design revisions required to achieve this modification and advise City staff accordingly Results of this task will affect Task I hydrologic analysis, so it should be completed prior to completion of the updated hydrologic analysis. No further surface or groundwater analysts is included with this task. 2 Task 4— Update Design Drawings, Specifications, and Construction Cost Estimate (PS&E) ' for Requested Design Changes 4.1 Meet with the City to review potential design revision needs resulting from Tasks 1 through 3 Recommend design revision needs to the 100% design drawings, specifications, and construction cost estimates (PS&E) 4.2 Make agreed-to PS&E design change revisions and submit to the City (for distribution to the Corps of Engineers and WDFW) for review. Make final revisions in response to City, Corps, and WDFW comments on design revisions This task budget represents a design revision allowance based on the assumption that up to four sheets of design drawings, specifications and quantity/cost estimates will need to be modified. Additional requested design revisions may require supplemental budget allowance. 4.3 Review a separate utilities relocation design drawing package for the Lake Meridian Park outlet improvements as developed by City staff including the required sanitary sewer and water main relocations as included in the current version of the design documents Anchor staff will provide review and comment on the existing sewer utility relocation drawing changes along with a new separate water/sewer utility drawings/specifications package provided by the City. Recommended and/or required revisions will be highlighted and a final version of the sewer relocation drawings will be stamped (along with other Anchor-generated drawings) after verification of changes made by City staff. It is assumed that the water main relocation plan and detail sheets will be as provided(or modified by) and stamped by Roth Hill Consulting Engineers under separate agreement with the City. , Task 5—On-call Construction Phase Observation and Reporting 5.1 Provide construction phase observation and reporting to the City staff based on up to ' four one-half day City-requested site visits. Complete field observation reports for submittal to the City incorporating documentation of field conditions and ' recommendations to maintain conformance with the design documents intent and details. The scope of the construction phase services will be limited by the assigned task budget. , Task 6—Project Management,Meetings, and Coordination 6.1 Coordinate with City project team staff and internal project team staff for successful completion of assigned task services This will include coordination (as limited by the assigned budget) during the construction phase associated with on-call construction , observation/reporting services. 6.2 Beyond meetings identified in Tasks 3 and 4 above, prepare for and attend one meeting with WDFW representatives to discuss responses to their concerns needed to achieve , HPA permit issue for second phase construction (new channel and wetland mitigation) 6.3 Complete QA/QC review of design revisions prrbrl o final products submittal. 3 , Deliverable Products The deliverable products (three copies plus applicable electronic files unless otherwise noted) to be submitted for this supplemental work includes. 1. An updated hydrologic analysis report (from report developed with prior analyses) as the product of Task 1 services. 2. A supplemental hydraulic analysis technical memorandum (including updated hydraulic model) to summarize the results of Task 2 services. 3. Recommendations regarding changes to wetland restoration area liner (if any) as the product of Task 3 services 4. Updated P S &E documents including design drawings/specification/construction cost estimate associated with agreed-to design revisions along with a separate utilities ' relocation design drawing package prepared by City staff (water drawings assumed prepared and stamped by Roth Hill) as the products of Task 4 services 5. Construction phase field reports (up to four assumed) and recommendations based on on- call construction observation conducted at the City's request (as limited by the assigned task budget) as the product of Task 5 services. 6. Monthly invoices, status reports, cost spreadsheets, document review comments, and 1 meeting agendas as the product of Task 6 services. Fee Estimate ' The attached Fee Estimate Table summarizes the combined Anchor and subconsultant (MGS Engineering Consultants) fee estimate to complete the additional services and deliverable ' products as described above. Invoicing will be based on a time and reimbursable expense basis in accordance with the project team's current billing rates (reduced from standard rates) as shown in Attachment A, Fee Estimate Table. A 5 percent service charge will apply to subconsultant services and to Anchor and subconsultant reimbursable expenses The estimated maximum fee of $45,600 for these services will not be exceeded without City of Kent authorization as may be associated with agreed-to changes in work scope or products. ' 4 N N O N Q [O 6 A E `a w m , m u m 2 m v S �a N a m N (A fR f9(A f9 f9 t9 M A tlf f9 Hi fA !9 to fH!9 t9 M d3 t9 to IA M!9 M W W!9!9 bi(9 fA'9 to fA f9 eA L d N(p m O N O O O O m V O O O U N m � _ o 0 r z �o 0000000000000 0 . ' F " M HiMMtlf to fAme» fn ei t9 blM WMe9 eq t9 t9Mw M » M a m m N o 0 0 0 0 0 0 0 0 0 0 0 0 0 n m m rn � a r �Z d «, e»wusww«,w.a «»w«,»«> »Fn«>w«,«.ww «>• w w r � Y H . fA fA M f9!9(9 t9 H3 M t9 t9 f9 M. .....M.. t9 fA A N Y N Y Oi O� T O fA f9 M H3 M df M[H M fA f9 f9 M d3 H3 M•A df f9 f9 f9 fA t9 Vj E9 :C t r H l2 i , fA fR W t9 U3 H3 W fA Vi eA t9 t9 W M E9 fA M Yi Yi fA t9 M fA !9 d3 , y r N rn rn N ' H ' y fA f9 b3 fA FA d3 fA ER fA M bJ M(A tl) (fl fA fA(R fA fA fA fA FA f9 f9 ' 2 2 F Z � to bi f9M(A Mtl)Ui M M W f9M A N3 d3M(A AMUi M Vi f9 E9 _C `Y 0- ti O _ � � Hi fH!9 f9 H f9!9 M M f9 fA H f9 d3 Yi fA to Ui f9 fA f9 eA Vi t9 t9 3o o N m m a m N c C m ¢ ¢ O ZWa j iJF VW P1 fdj ay uLU 04 LL � o J m Q N c0J UQu _ i EXHIBIT B ' INSURANCE REQUIREMENTS FOR CONSULTANT SERVICES AGREEMENTS 1 Insurance The Contractor shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Contractor shall obtain insurance of the types described below• L Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal injury and advertising injury, and liability assumed under an insured contract. The Commercial General Liability insurance shall be endorsed to provide the Aggregate Per Project Endorsement ISO form CG 25 03 1185. There shall be no endorsement or modification of the Commercial General Liability insurance for liability arising from explosion, collapse or underground property damage. The City shall be named as an insured under the Contractor's Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 1185 or a substitute endorsement providing equivalent coverage. ' 2. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 3. Professional Liability insurance appropriate to the Consultant's profession. B. Minimum Amounts of Insurance Contractor shall maintain the following insurance limits: 1. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $1,000,000 general aggregate and a $1,000,000 products-completed operations aggregate limit 2. Professional Liability insurance shall be written with limits no less than $1,000,000 per claim and $1,000,000 policy aggregate limit. EXHIBIT B (Continued) , C. Other Insurance Provisions ' The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance• 1. The Contractor's insurance coverage shall be primary insurance as respect the City Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Contractor's insurance and shall not contribute with it. 2 The Contractor's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written nonce by certified mail, return receipt requested, has been given to the City. 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the contractor and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance policies The Contractor's Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. D. Acceptability of Insurers ' Insurance is to be placed with insurers with a current A.M. Best rating of not less than ANII E. Verification of Coverage Contractor shall furnish the City with original certificates and a copy of the amendatory , endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Contractor before , commencement of the work. F. Subcontractors ' Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor All coverages for ' subcontractors shall be subject to all of the same insurance requirements as stated herein for the Contractor. Kent City Council Meeting Date February 6, 2007 Category Consent Calendar 1 1. SUBJECT: MILL CREEK CULVERT AT CHANDLERS BAY APARTMENTS — ACCEPT AS COMPLETE 2. SUMMARY STATEMENT: Accept the Mill Creek Culvert at Chandlers Bay Apartments as complete and release retainage to Taggart Construction Inc upon receipt of standard releases from the state and release of any liens The original contract amount was $29,893.12. The final contract amount was $227,382 04. r3. EXHIBITS: None 4. RECOMMENDED BY: Public Works Director (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure9 X Revenue? ICurrently 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. 6Q Kent City Council Meeting Date February 6, 2007 1 Category Consent Calendar 1. SUBJECT: HOMELAND SECURITY SUB-GRANT AGREEMENT— AUTHORIZE 2. SUMMARY STATEMENT: Authorize the Mayor to sign the Homeland Security Sub- grant Agreement between the City and King County Office of Emergency Management. City of Kent Emergency Management has received a reimbursable sub-grant, not to exceed $28,000, to conduct a Planning Section Training class for all King County Zone 3 agencies This will enable all agencies, within Zone 3, to become compliant with Homeland Security Presidential Directive— 5. The training has been scheduled for February 12-17, 2007 at fire station #73, 26512 Military Road So This training will address the issue of common response within the Zone Currently there is no cooperative plan or procedure in the Zone response to events Zone Emergency Managers and other first responders will be provided a common base to work from in their regional response efforts for major or widespread events. 3. EXHIBITS: Scope of Work Statement and King County Office of Emergency Management Homeland Security Sub-grant Agreement 1 4. RECOMMENDED BY: Operations Committee 2/6/07 and Staff (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expendtture9 not to exceed $28,000 Revenue? reimbursable grant not to ' exceed $28,000 Currently in the Budget? Yes No X If no: Unbudgeted Expense: Fund V0019.6XXXX 2150 Amount not to exceed $28,000 Unbudgeted Revenue: Fund V0019 53322 2150 Amount not to exceed $28,000 ' 6. CITY COUNCIL ACTION: ' Councilmember moves, Councilmember seconds 1 DISCUSSION: ACTION: Council Agenda Item No 6R ' King Y Count Zone 3 Plans Section Training Scope of Work Statement 1. Provide a detailed description of your project (wholwhatlwhere/whenlwhylhow): The Planning Section Training class will be held over 6 days from February 12 -17, 2007 This training will be held at station 73 a Kent(WA) Fire Department facility located at, 26512 Military Road South, Kent WA. As a description of the course a copy of the proposal from Richard J. Andruig, Partner of Wiland Associates LLC is provided as an attachment t2. What is the purpose of the project? This training will provide 42 hours of Planning Section Training This will include Planning Section Chief, Situation Unit Leader and, Resource Units Leader. Topics include information gathering, strategies, meetings and briefings, incident action plan, interactions, forms, documents, supplies and demobilization. Additionally, the training will provide an opportunity for Zone 3 agencies to work together in an cooperative environment to further enhance the local planning efforts. This training is a key step in the on-going efforts to create a cohesive and comprehensive response to terrorist or natural disaster situations. 3. What problem does the project solve? This training will address the issue of common response within the Zone. Currently 1 there is no cooperative plan or procedure in the Zone response to events. This training will provide common and nationally accepted procedures, techniques and terminology in disaster response Zone Emergency Managers and other first responders will be provided a common base to work from in their regional response efforts for major or widespread events. 4. How does the project enhance locallregional homeland security and preparedness for CBRNE/Terrorist/WMD incidents? This training will enable the King County Zone 3 agencies to become compliant with Homeland Security Presidential Directive—5. Also it will enhance their ability to manage natural and manmade disasters, respond to and mitigate possible terrorist attacks, develop Incident Management Teams using current National Training Standards and testing their management capabilities through the use of customized scenarios and simulations that follow Homeland Security Exercise Evaluation Program guidelines S. What major activities need to be completed to finish the project? If the project will be implemented in phases, identify this clearly. The project is self contained and will be delivered as a complete package The proposal, attached, provides the necessary items to complete the training to include dates, course content, course activities and costs 6. What are the tangible results and/or deliverables of the project? The result will be a cadre of Zone responders and Emergency Managers that will be trained in a common and nationally accepted format The participants will be positioned to share this training with other emergency providers to ensure the widest review of the particulars and principles that the training will provide The training will be part of the concerted and cooperative effort to raise the ability and capabilities of Zone responders. Additionally, the Zone as a result of the training, will be better positioned to continue the development and enhancement of the knowledge, Skills and abilities of responders. With the common training base the development of comprehensive procedures and policies will be supported and accepted Zone wide Wiland Associates LLC 1651 Collins Road Selah, Washington 98942 509-728-3507 December 2, 2006 Proposal for the City of Kent NIMS — ICS Planning Section Training; Wiland Associates LLC is pleased to provide the following proposal in response to your request for Planning Section Training Wiland Associates LLC Wiland Associates LLC provides a wide range of services that enable communities to become compliant with Homeland Security Presidential Directive — 5, while enhancing their ability to manage natural and manmade disasters, develop Incident Management Teams using current National Training Standards and testing their management capabilities through the use of customized scenarios and simulations that follow Homeland Security Exercise Evaluation Program guidelines This past year Wiland Associates LLC has provided training and consulting services literally from one end of our country to the other and has included. Washington DC Fire & EMS Minneapolis, MN UASI Region Dakota County, MN Pierce County, WA Thurston County. WA IMT Washington State Patrol Type III IMT Atlanta Fire & Rescue, GA WA State Homeland Security Region 9 North Slope Borough, AK Seattle Fire & Police Departments United States Fire Administration National Fire Academy Dynamic Animation System, Inc Human Technology, Inc 1 Olympia Fire Department, WA State of Alaska NW Washington IMT King County Region IMT Hartsfield International Airport International Association of Fire Chiefs Proposal Provide 42 hours of Planning Section Training to include• Planning Section Chief, Situation Unit Leader and, Resource Units Leader. Topics include information gathering, strategies, meetings and briefings, incident action plan, interactions, forms, documents, supplies and demobilization Training to take place February 12`h thru 17`h, 2007 Course Cost: $24,751.00 Wiland Associates LLC shall provide a cadre of instructors currently qualified as National Type I or It Planning Section Chiefs to deliver the proposed training. In Addition it will be Wiland Associates LLC responsibility to provide for the modification of curriculum, flights, hotel, rental vehicle, per diem, student manuals, wall displays, forms, and misc student materials Our proposal does not cover such costs as student meals, classroom rental, backfill and/or wages. Training Goal The goal of Planning Section Training is to prepare personal to perform the roles within i the ICS planning function within an all risk environment This is accomplished by developing the skills needed to apply the NIMS—ICS planning concepts on target hazard incidents, such as fires, Haz-mat incidents, collapses, Wildland incidents, and natural disaster situations. Presentation Presentation of the NIMS —ICS Planning Section will be comprised of lecture and activities in various modules that allow students an opportunity to apply functional elements of the ICS to a wide variety of large and complex emergency incidents. Course Schedule Planning Section Series Course Coordinator—Richard J. Andring Date Assigned Instructors Curriculum Details Rich Wands— Introduction Introduction 02/12/07 Buck Latapie— Lead 08 00— 18 30 Rich Wands—Support Situation Unit Leader 02/13/07 Buck Latapie— Lead Situation Unit Leader 08 00— 18 30 Rich Wands—Support 02/14/07 Rich Wands— Lead Resource Unit Leader 08 00— 18 30 Cindy Usher— Support Rich Wands— Lead 02/15/07 Resource Unit Leader 08 00 — 18 30 Cindy Usher— Su port 02/16/07 Rich Wands— Lead Planning Section Chief 08 00— 18 30 Cindy Usher— Su port 02/17/07 Rich Wands— Lead Planning Section Chief 08 00— 18 30 Cindy Usher—Support 02/17/07 Rich Wands Course Conclusion Prerequisites ❑ The students must have successfully completed the following. ✓ ICS-100, ICS-200, and ICS-800 ❑ The student should possess a working knowledge of the Incident Command System (ICS) and its application to large-scale complex incidents. ❑ They must possess a working know ledge of strategy and tactics for large-scale and complex emergency incidents. Students will be evaluated during each of the activities. Students will also be required to take an end-of-course examination ' If at all possible class size should be limited to between 28 and 32 students. 1 If you have additional questions please call (509) 728-3507 or(509) 697-9773 Sincerely, Richard J. Andring, Partner Wiland Associates LLC Subgrant Agreement Contract# - FFY05-SHSP-035 King County Office of Emergency Management HOMELAND SECURITY SUBGRANT AGREEMENT PROJECT TITLE: Incident Command System (/CS)Planning Section Training ' THIS AGREEMENT is made and entered into by and between King County and the City of Kent Fire Department, hereinafter "Subgrantee", for the express purposes set forth in the following provisions of this Agreement. It is understood that funding for this Agreement has been granted to King County by the United States Department of Homeland Security (DHS) through the Washington State Military Department, Emergency Management Division (EMD) The funding source of the grant is the FFY05 State Homeland Security Grant Program, Catalog of Federal Domestic Assistance (CFDA) # 97.067,, State Contract# E06-014. Neither the DHS nor the Federal Government shall be a party to any subagreement nor to any solicitations or request for proposals This Agreement shall be subject to the applicable grant contract between DHS and EMD and the subgrant contract between EMD and King County The Subgrantee agrees not to perform any act, fail to perform any act, or refuse to comply with any King County requests that would cause King County to be in violation of the DHS and EMD grant terms and conditions, a copy of which is attached hereto as Exhibit D NOW THEREFORE, King County and the Subgrantee mutually agree as follows: 1. SCOPE OF WORK AND BUDGET The Subgrantee will accomplish the work and tasks as set forth in this Agreement and the Scope of Work, Project Timeline, and Deliverables (attached hereto as Exhibit A) and Budget 1 (Exhibit C). 2. PERIOD OF PERFORMANCE Subject to other Agreement provisions, the period of performance under this Agreement will be from January 1, 2007to February26, 2007 All work must be satisfactorily completed, and all invoices, reports, and deliverables must be submitted, by the end of this Period of Performance. 3. CONTRACT REPRESENTATIVES King County's Project Manager on this Agreement shall be Alec Chapman, Project Manager //, King County Office of Emergency Management The Project Manager shall be responsible for monitoring the performance of the Subgrantee, the apprpval of actions by the Subgrantee, approval for payment of billings and expenses submitted by the Subgrantee, and the acceptance of any reports by the Subgrantee Page 1 of 16 Subgrant Agreement Contract# - FFY05-SHSP-035 ' The Subgrantee's representative to this Agreement shall be Dominic V. Marzano, Assistant ' Chief, City of Kent Fire Department, who will be the contact person for all communications regarding the conduct of work under this Agreement and who will ensure that all terms of the Agreement are met. Any notice required or permitted under this Agreement shall be deemed sufficiently given or served if sent to King County or the Subgrantee at the addresses provided on the next page. If to King County. Alec Chapman King County Office of Emergency Management 3511 NE 2 d Street Renton, WA 98056 , (206) 296-3830 alec chapman(cr�metrokc qov If to the Subgrantee Assistant Chief Dominic V. Marzano City of Kent Fire Department 24611 116th Ave SE , Kent, WA 98030 (253) 856-4316 DMarzano(@ci kent wa us 4. REIMBURSEMENT REQUESTS AND PAYMENT This is a reimbursement contract not to exceed $28,000.00 (Twenty eight thousand dollars andzero cents)with compensation payable to the Subgrantee for satisfactory performance of the work under this Agreement Payment for satisfactory performance of the work shall not exceed this amount unless the parties mutually agree in writing to a higher amount prior to the commencement of any work which will cause the maximum payment to be exceeded Compensation for satisfactory work performance shall be payable upon receipt of properly completed Invoice and Progress Report forms, which will be provided to the Subgrantee subsequent to execution of this Agreement Invoices for eligible costs incurred to date may be submitted monthly or quarterly Supporting documentation is required for reimbursement of all expenses related to the Scope of Work and Budget in Exhibits A and B Supporting documentation includes, but is not limited to, paid invoices to vendors, paid expense claim forms, canceled checks, etc The documentation must also include the date of payment by , the Subgrantee to ensure that the work was completed within the subgrant period of performance. King County may also require the Subgrantee to document that funding Page 2 of 16 Subgrant Agreement Contract# - FFY05-SHSP-035 governed by this Agreement is not being used to replace or supplant existing programs, staff costs, activities and/or equipment. Payment shall be considered timely if mailed by King County to the Subgrantee within thirty (30) calendar days after receipt of properly completed invoices Payment shall be sent to the address designated by the Subgrantee on the invoice form. King County may, at its sole I discretion, withhold payments claimed by the Subgrantee for services rendered if King County has determined that the Subgrantee has failed to satisfactorily comply with any term or condition of this Agreement King County does not incur liability for any payment to the Subgrantee that is subsequently disallowed by State or Federal granting agencies King County reserves the right to withhold or recoup payment for work or activities determined by funding agencies to be ineligible for reimbursement. 5. REPORTING REQUIREMENTS Each request for reimbursement, whether submitted monthly or quarterly, will be accompanied by a narrative progress report Reports must include the Subgrantee's progress in implementing the scope of work, including any problems encountered and possible cost overruns or under runs. 6. RECORDS MAINTENANCE The Subgrantee shall maintain accounts and records, including personnel, financial, and programmatic records, and other such records as may be deemed necessary by King County, to ensure proper accounting for all project funds and compliance with this Agreement. All such records shall sufficiently and properly reflect all direct and indirect costs of any nature expended and service provided in the performance of this Agreement These records shall be maintained for a period of six (6) years after subgrant close-out, and shall be subject to inspection, review or audit by King County and/or by State or Federal officials as so 1 authorized by law 7. COMPLIANCE WITH APPLICABLE LAWS The Subgrantee shall be responsible for following all applicable Federal, State and local laws, ordinances, rules and regulations in the performance of work described herein New federal laws, regulations, policies and administrative practices may be established after the date this Agreement is established and may apply to this Agreement. To achieve compliance with changing federal requirements, the Subgrantee agrees to accept all changed requirements that apply to this Agreement and to require compliance with changed requirements in all I subcontracts Failure to comply shall constitute a material breach of this Agreement. The Subgrantee and all subcontractors shall comply with and DHS is not responsible for determining compliance with, any and all applicable federal state and local laws regulations and/or policies This obligation includes but is not limited to laws regulations and polices listed in this section and in Exhibit D OMB Circulars Page 3 of 16 Subgrant Agreement Contract# - FFY05-SHSP-035 The Subgrantee shall comply with OMB Circular A-87, Cost Principles for State, Local, and Indian Tribal Governments; OMB A-102, Grants and Cooperative Agreements with State and Local Governments, and A-133, Audits of States, Local Governments, and Non-Profit Organizations Singe Audit Act Non-federal entities receiving financial assistance of $500,000 or more in Federal funds from all sources, direct and indirect, are required to have a single or a program-specific audit conducted in accordance with the U S Office of Management and Budget (OMB) (Revised June 27, 2003) Circular A-133-Audits of States, Local Governments, and Non-Profit Organizations Non-federal entities that spend less than $500,000 a year in Federal awards are exempt from Federal audit requirements for that year, except as noted in Circular No A- 133 Entities required to have an audit must ensure the audit is performed in accordance with Generally Accepted Auditing Standards (GAAS), Government Auditing Standards (the Revised Yellow Book) developed by the Comptroller General and the OMB Compliance Supplement. The Subgrantee has the responsibility of notifying the State Auditor's Office and requesting an audit, if required The Subgrantee shall maintain its records and accounts so as to facilitate the audit , requirement and shall ensure that any subrecipients or subcontractors also maintain auditable records The Subgrantee must send a letter stating there has been a single audit completed and there were no findings or if there were findings, the letter should provide a list of the findings In addition to sending a copy of the audit, the Subgrantee must include a corrective action plan for any audit findings and a copy of the management letter if one was received. The Subgrantee must send this letter to King County no later than nine (9) months after the end of the Subgrantee's fiscal year(s) The Subgrantee shall include the above audit requirements in any subcontracts Certification Regarding Debarment, Suspension, or Ineligibility If Federal funds are the basis for this contract, the Subgrantee certifies that neither it nor its , principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in transactions by any Federal department or agency. By signing and submitting this Agreement, the Subgrantee is providing the signed certification set out below. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into If it is later determined that the Subgrantee knowingly rendered an erroneous certification, the Federal Government and County may pursue available remedies, including suspension and/or debarment Page 4 of 16 Subgrant Agreement Contract# - FFY05-SHSP-035 The Subgrantee shall provide immediate written notice to King County if at any time the Subgrantee learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances The terms "covered transaction," "debarred," "suspended," "ineligible," 'lower tier covered transaction," "participant," "persons," 'lower tier covered transaction," "principal," "proposal," I and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549 [49 CFR Part 291 The Subgrantee agrees by signing this Agreement that it shall not knowingly enter into any Z covered transaction with a person or subcontractor who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized in writing by King County The Subgrantee shall include the requirement in this section in any subcontracts 8. AMENDMENTS This Agreement may be amended only by written concurrence of both parties Amendments to Scope of Work will only be approved if the proposed amendment is consistent with State and Federal granting agency rules Up to ten percent (10%) of the total award amount may be shifted between approved budget object codes as contained in Exhibit B For amounts over ten percent (10%), the Subgrantee must submit a written budget amendment request for approval. Such requests will only be approved if the proposed change(s) is (are) consistent with and/or achieve(s) the goals stated in the Scope of Work and falls within the grant requirements 9. TERMINATION This Agreement may be terminated by King County, in whole or in part, for convenience without cause prior to the end of the Period of Performance, upon thirty (30) calendar days advance written notice ' This Agreement may be terminated by either party, in whole or in part, for cause prior to the end of the Period of Performance, upon thirty (30) calendar days advance written notice Reasons for termination for cause may include but not be limited to. material issues of nonperformance misuse of funds, and/or failure to provide grant-related invoices, reports, or any requested documentation ' If the Agreement is terminated as provided above, King County will be liable only for payment in accordance with the terms of this Agreement for satisfactory work completed prior to the effective date of termination. The Subgrantee shall be released from any obligation to provide further services pursuant to this Agreement. Nothing herein shall limit, waive, or extinguish any right or remedy provided by this Agreement or law that either party may have in the event that the obligations, terms and conditions set forth in this Agreement are breached by the other party Page 5 of 16 Subgrant Agreement Contract# - FFY05-SHSP-035 Funding under this Contract beyond the current appropriation year is conditional upon , appropriation by the County Council of sufficient funds to support the activities described in this Contract Should such an appropriation not be approved, this contract will terminate at the close of the current appropriation year 10. HOLD HARMLESS AND INDEMNIFICATION The Subgrantee shall protect, indemnify and hold harmless King County, its officers, officials, agents, and employees from and against any and all claims, costs, and/or issues whatsoever occurring from any and all actions by the Subgrantee and/or its subcontractors pursuant to this Agreement The Subgrantee shall defend at its own expense any and all claims, demands, suits, penalties, losses, damages, or costs of any kind whatsoever (hereinafter "claims") brought against King County arising out of or incident to the Subgrantee's execution of, performance of or failure to perform this Agreement Claims shall include but not be limited to assertions that the use or transfer of any software, book, document, report, film, tape, or sound reproduction or material of any kind, delivered hereunder, constitutes an infringement of any copyright, patent, trademark, trade name, and/or otherwise results in unfair trade practice In the event the County incurs attorney fees and/or costs in the defense of claims within the scope of the paragraph above, such attorney fees and costs shall be recoverable from the Subgrantee. In addition King County shall be entitled to recover from the Subgrantee its attorney fees, and costs incurred to enforce the provisions of this section. 11. INSURANCE Subgrantee shall provide and maintain and shall cause its subcontractors to provide and maintain Commercial General Liability in the minimum amount of $1,000,000 per occurrence and $ 2,000,000 in the aggregate King County, its officers, officials, agents and employees shall be named as additional insureds If the Agency is a Municipal Corporation or an agency of the State of Washington and is self- insured for any of the above insurance requirements, a certification of self-insurance shall be attached hereto and be incorporated by reference and shall constitute compliance with this section 12. ENTIRE CONTRACT/WAIVER OF DEFAULT This Agreement is the complete expression of the agreement of King County and the ' Subgrantee hereto, and any oral or written representations or understandings not incorporated herein are excluded. Waiver of any default shall not be deemed to be a waiver of any subsequent default. Waiver of breach of any provision of this Agreement shall not be j deemed to be waiver of any other or subsequent breach and shall not be construed to be a modification of the terms of this Agreement unless stated to be such through written approval by King County, which shall be attached to the original Agreement 13. SEVERABILITY Page 6 of 16 Subgrant Agreement Contract# - FFY05-SHSP-035 If any section, subsection, sentence, clause or phrase of this Agreement is, for any reason, found to be unconstitutional or otherwise invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Agreement 14. APPROVAL This Agreement shall be subject to the written approval of King County's authorized lrepresentative and shall not be binding until so approved THIS AGREEMENT, consisting of 7 pages and 4 exhibits, is executed by the persons signing below who warrant and represent that they have the authority to execute the Agreement IN WITNESS WHEREOF this Agreement has been executed by each party on the date set forth below CITY OF KENT KING COUNTY OFFICE OF i FIRE DEPARTMENT EMERGENCY MANAGEMENT BY BY Suzette Cooke, Mayor Eric E. Holdeman, Director Date Date Page 7 of 16 Subgrant Agreement Contract# - FFY05-SHSP-035 Exhibit A ProjectScope of Work - Description Pro'ect Title: Incident Command System (ICS)- Planning Section Training I Using Appendix A of FY05 HSGP-Program Guidelines &Application Kit, identify the allowable costs that , best represent this protect Allowable expense under the Grants and Training Guideline - Training and Supplies Using Washington State Homeland Security Strategy, identify one Goal & Objective that best represents this protect. Then, using Region 6 Homeland Security Strategic Plan, Identify one Goal & Objective that best represents this project Washington State Homeland Security Strategy - Goal 5 (Emergency Preparedness/Response - Education & Training) To Improve statewide emergency preparedness and readiness OBJECTIVE. Trained 15 Train emergency responders to nationally recognized standards (5 1) Region 6 Homeland Security Strategy - Theme 1, Section F subset 2 - NIMS/ICS training opportunities Describe your project using a maximum of two pages - Provide a detailed description of your project. The Planning Section Training will be held over 6 days from February 12 -17, 2007 This training will be held at Station 73 of the Kent Fire Department The training will provide 42 hours of Planning Section Training to include Planning Section Chief, Situation Unit Leader and, Resource Units Leader Topics include information gathering, strategies, meetings and briefings, incident action plan, interactions, forms, documents, supplies and demobilization The goal of Planning Section Training is to prepare personal to perform the roles within the ICS planning function within an all risk environment This is accomplished by developing the skills needed to apply the NIMS - ICS planning concepts on target hazard incidents, such as fires, Haz-mat incidents, collapses, wildland incidents, terrorism and natural disaster situations. Presentation of the NIMS - ICS Planning Section will be comprised of lecture and activities in various modules that allow students an opportunity to apply functional elements of the ICS to a wide variety of large and complex emergency incidents. What is the purpose of the project? The purpose of this project is to further develop Zone 3's ability to implement and utilize ICS. Additionally, the training will provide an opportunity for Zone 3 agencies to work together in a cooperative environment to further enhance the local planning efforts This training is a key step in the on-going efforts to create a cohesive and comprehensive response to terrorist or natural disaster situations Page 8 of 16 Subgrant Agreement Contract# - FFY05-SHSP-035 What problem does the project solve? This training will address the issue of common response within the Zone Currently there is no cooperative plan or procedure in the Zone response to events. This training will provide common and nationally accepted procedures, techniques and terminology in disaster response Zone Emergency Managers and other first responders will be provided a common base to work from in their regional response efforts for major or widespread events How does the project enhance local/regional homeland security and preparedness for CBRNE/Terrorist/WMD incidents? This training will enable the King County Zone 3 agencies to become compliant with Homeland Security Presidential Directive — 5 Also it will enhance their ability to manage natural and manmade disasters, respond to and mitigate possible terrorist attacks, develop Incident Management Teams using current National Training Standards and testing their management capabilities through the use of customized scenarios and simulations that follow Homeland Security Exercise Evaluation Program guidelines (HSEEP). What major activities need to be completed to finish the project? The project is self contained and will be delivered as a complete package. What are the tangible results and/or deliverables of the project? The result will be a cadre of Zone responders and Emergency Managers that will be trained in a common and nationally accepted format The participants will be positioned to share this training with other emergency providers to ensure the widest review of the particulars and principles that the training will provide. The training will be part of the concerted and cooperative effort to raise the ability and capabilities of Zone responders. Additionally, the Zone as a result of the training will be better positioned to continue the development and enhancement of the knowledge, skills and abilities of responders With the I common training base, the development of comprehensive procedures and policies will be supported and accepted Zone wide Project Timeline Activity Estimated Completion Date ucbhr a i •==.�nA&".1Att#tti 4 Initiate Subgrant Contract , ; January 15, 2007 Contract with Wland Associates LLC i Late January 2007 Conduct Planning Section Training 0 February 12 -17, 2007 ir Submit final reimbursement request to King County and February February 26, 2007 Narrative Report 'xr rniuliinawak i Subgrant Agreement Contract# - FFY05-SHSP-035 Exhibit B Budget #l-Vir,j,x t,Aeyt 7E: ibis is a 7°ct(F7GUfsr"�de?t'?7f i'fc`? i Item Description — -Budget Category— - Planning Training Exercise Equipment Salaries & Benefits (not for payment of , overtime) Overtime/Backfdl i Equipment Travel & Per Diem k Goods & Services Please" �� Specify $3,249 00 G Supplies (Materials and snacks) Consultant Fees $24,751 00 Other Costs-Please Specify _ Total Amount Per '$ 0.00 $28,000.00 $ 0.00 $ 0.00 Budget Category GRAND TOTAL $Zg 000.00 (NOT TO EXCEED Project Cost or Award Amount) 1� 11-1 11H,14WI �'i «w.,�yyiiiiiNH9iiti wstiiiiiileVYt(bh4A KII+II14 k 11b 10% of total award amount maybe shifted between approved budget object codes Final signed invoice voucher to be submitted with final performance report & deliverables- Invoices not to exceed total amount of contract award , Page 10 of 16 rSubgrant Agreement Contract# - FFY05-SHSP-035 Exhibit C Equipment Budget Detail This project does not require the purchase of equipment 1 i t 1 1 Page 11 of 16 Subgrant Agreement Contract# - FFY05-SHSP-035 Exhibit D Compliance With Applicable Laws and Grant Requirements D-1 Equal Employment Opportunity During the performance of this Subgrant, the Subgrantee shall comply with all federal and state nondiscrimination statutes and regulations These requirements include, but are not limited to. a Nondiscrimination in Employment: The Subgrantee shall not discriminate against any employee or applicant for employment because of race, color, sex, religion, national origin, creed, marital status, age, Vietnam era or disabled veterans status, or the presence of any sensory, mental, or physical handicap This requirement does not apply, however, to a religious corporation, association, educational institution or society with respect to the employment of individuals of a particular religion to perform work connected with the carrying on by such corporation, association, educational institution or society of its activities b. The Subgrantee shall take affirmative action to ensure that employees are employed and treated during employment without discrimination because of their race, color, religion, national origin, creed, marital status, age, Vietnam era or disabled veterans status, or the presence of any sensory, mental, or physical handicap Such action shall include, but not be limited to, the following Employment, upgrading, demotion, or transfer, recruitment, or recruitment selection for training, including apprenticeships and volunteers. Ref: Executive Order 11246, as amended by Executive Order 11375, Title VII of the Civil Rights Act, as amended, 42 USC § 2000e, section 4 of the Age Discrimination in Employment Act of 1967, as amended, 29 USC § 623, section 102 of the Americans with Disabilities Act, as amended, 42 USC §§ 12101 et seq , 29 CFR Part 1630, 41 CFR§ 60-1 4. D-2 Non-Discrimination During the performance of this Agreement, neither the Subgrantee nor any party subcontracting under the authority of this Agreement shall discriminate on the basis of race, color, sex, religion, nationality, creed, marital status, sexual orientation, age, or presence of any sensory, mental, or physical handicap in the employment or application for employment or in the administration or delivery of or access to services or any other benefits under this Agreement as defined by King County Code, Chapter 12 16 During the performance of this Agreement, neither the Subgrantee nor any party subcontracting ' under the authority of this Agreement shall engage in unfair employment practices as defined by King County Code, Chapter 12 17 or 12 18 The Subgrantee shall comply fully with all applicable Federal, State and local laws, ordinances, executive orders and regulations that prohibit such discrimination. These laws include, but are not limited to, RCW Chapter 49 60 and Titles VI and VI of the Civil Rights Act of 1964 During the performance of this Agreement, the Subgrantee, for itself, its assignees and successors-in-interest agrees as follows A Nondiscrimination Page 12 of 16 Subgrant Agreement Contract# - FFY05-SHSP-035 The Subgrantee, with regard to the work performed by it during the Agreement, shall not discriminate on the grounds of race, color, creed, gender, disability, age or national origin in the selection and retention of subcontractors The Subgrantee shall not participate either directly or indirectly in the discrimination prohibited by Section 21 5 of the Regulations, including employment practices when the Agreement covers a program set forth in Appendix B of the Regulations Ref 20 USC §§ 1681 et seq, Age Discrimination Act of 1975, as amended, 42 USC §§ 6101 et seq, Section 504 of the Rehabilitation Act of 1973, as amended, 29 USC § 794, Americans with Disabilities Act of 1990 (ADA), as amended, 42 USC §§ 12101 et seq B. Solicitations for Subcontracts Including Procurements of Materials and Equipment In all solicitations either by competitive proposal or negotiation made by the Subgrantee for work to be performed under a subcontract each potential subcontractor or supplier shall be notified by the Subgrantee of the Subgrantee's obligations under this Agreement and the regulations relative to nondiscrimination on the grounds of race, color, creed, gender, disability, age or national origin C Information and Reports The Subgrantee shall provide all information and reports required by the regulations or directives issued pursuant thereto and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined to be pertinent to ascertain compliance with such regulations, orders and instructions The Subgrantee shall maintain all required records for at least six (6) years after King County makes final payment and all other pending matters are closed. D Incorporation of Provisions The Subgrantee shall include the provisions of paragraphs A through D of this section in every subcontract, unless exempt by the regulations or directives issued pursuant thereto The Subgrantee shall take such action with respect to any subcontract or procurement as King County or DHS may direct as a means of enforcing such provisions, including sanctions for noncompliance Provided, however, that, in the event the Subgrantee becomes involved in or is threatened with litigation with a subcontractor or supplier as a result of such direction, the Subgrantee may request King County to enter into such litigation to protect the interests of the County, and in addition, the Subgrantee may request the Federal Government to enter into such litigation to protect the interests of the United States D-3 Americans With Disabilities Act In accordance with section 102 of the Americans with Disabilities Act, as amended, 42 U S C § 12112, the Contractor shall comply with the requirements of U S Equal Employment Opportunity Commission, "Regulations to Implement the Equal Employment Provisions of the Americans with Disabilities Act," 29 C F R Part 1630, pertaining to employment of persons with disabilities. The Subgrantee is required to comply with all applicable requirements of the Americans with Disabilities Act of 1990 (ADA), 42 USC §§ 12101, et seq., Section 504 of the Rehabilitation Act of 1973, as amended, 29 USC § 794, and, and the following regulations and any amendments thereto Page 13 of 16 Subgrant Agreement Contract# - FFY05-SHSP-035 A. U S. Department of Justice (DOJ) regulations, "Nondiscrimination on the Basis of Disability in State and Local Government Services," 28 CFR Part 35, B U S Department of Justice regulations, "Nondiscrimination on the Basis of Disability by Public Accommodations and in Commercial Facilities," 28 CFR Part 36, C. U S General Services Administration regulations, "Construction and Alteration of Public Buildings," 41 CFR Subpart 101-19, D U S Equal Employment Opportunity Commission (EEOC) "Regulations to Implement the Equal Employment Provisions of the Americans with Disabilities Act," 29 CFR Part 1630, E U S Federal Communications Commission regulations, "Telecommunications Relay Services and Related Customer Premises Equipment for the Hearing and Speech Disabled", 47 CFR Part 64, Subpart F D-4 Privacy Act Should the Subgrantee, or any of its subcontractors, or their employees administer any system of records on behalf of the Federal Government, the Privacy Act of 1974, 5 USC § 552a, imposes information restrictions on the party administering the system of records For purposes of the Privacy Act, when the Agreement involves the operation of a system of records on individuals to accomplish a government function, the Subgrantee and any subcontractors and their employees involved therein are considered to be government employees with respect to the government function The requirements of the Act, including the civil and criminal penalties for violations of the Act, apply to those individuals involved Failure to comply with the terms of the Act or this provision of this Agreement shall make this Agreement subject to termination. The Subgrantee agrees to include this clause in all subcontracts awarded under this Agreement that involve the design, development, operation, or maintenance of any system of records on individuals subject to the Act D-5 Interest of Members of or Delegates of Congress Pursuant to 41 USC § 22, no member of or delegate to the Congress of the United States shall be admitted to any share or part of this Agreement or to any benefit arising therefrom D-6 Disclosure of Lobbying Activities ' Agreements in excess of $100,000 require that a Certification Regarding Lobbying, and Disclosure of Lobbying Activities (if appropriate), be completed and submitted to King County as required by 49 CFR Part 20, "New Restrictions on Lobbying " The Subgrantee certifies that it shall not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal Contract, grant or any other award covered by the Byrd Anti-Lobbying Amendment, 31 USC § 1352 The Subgrantee shall disclose the name of any registrant under the Lobbying Disclosure Act of 1995, codified at 2 USC § 1601 et seq , who has made lobbying contacts on its behalf with non- Federal funds with respect to that Federal Contract, grant or award covered by 31 USC § 1352 Such disclosures are to be forwarded to King County The Subgrantee shall include the language of this certification in all subcontract awards at any tier and require that all recipients of subcontract awards in excess of $100,000 shall certify and disclose accordingly. Page 14 of 16 Subgrant Agreement Contract# - FFY05-SHSP-035 Ref. 49 CFR Part 20, modified as necessary by 31 USC § 1352 D-7 False or Fraudulent Statements or Claims The Subgrantee acknowledges that if it makes a false, fictitious, or fraudulent claim, statement, submission, or certification to King County in connection with this project, the County reserves the right to pursue the procedures and impose on the recipient the penalties of 18 USC § 1001, 31 USC §§ 3729 and 3801 et seq , and/or 49 USC § 5307(n)(1), as may be appropriate ' The Subgrantee agrees to include this clause in all subcontracts awarded under this Agreement D-8 Energy Conservation The Subgrantee agrees to comply with mandatory standards and policies relating to energy efficiency that are contained in the State Energy Conservation plan issued in compliance with the Energy Policy and Conservation Act, 42 USC §§ 6321 et seq , and 49 CFR Part 18 The Subgrantee agrees to include this clause in all subcontracts awarded under this Agreement. D-9 Environmental Requirements The Subgrantee agrees to comply with the applicable requirements of the National Environmental Policy Act of 1969, as amended, 42 USC §§ 4321, et seq, consistent with Executive Order No 11514, as amended, "Protection and Enhancement of Environmental Quality," 42 USC § 4321 note Council on Environmental Quality regulations on compliance with the National Environmental Policy Act of 1969, as amended, 42 USC § 4321 et seq. and 40 CFR Part 1500, et seq. D-10 Preference for Recycled Products To the extent practicable and economically feasible, the Subgrantee agrees to provide a competitive preference for products and services that conserve natural resources and protect the environment and are energy efficient Examples of such products may include, but are not limited to, products described in the United States EPA Guidelines at 40 CFR Part 247, implementing section 6002 of the Resource Conservation and Recovery Act, as amended, 42 USC § 6962, and Executive Order 12873. D-10 Patent Rights If any invention, improvement, or discovery of the Subgrantee or any of its Subcontractors is conceived or first actually reduced to practice in the course of or under this Agreement, and that invention, improvement, or discovery is patentable under the laws of the United States or any foreign country, the Subgrantee agrees to notify King County immediately and provide a detailed report The rights and responsibilities of the Subgrantee and King County with respect to such invention, improvement or discovery shall be determined in accordance with applicable Federal laws, regulations, policies, ano any waiver thereof r> Unless the Federal Government later makes a contrary determination in writing, irrespective of the Subgrantee's status (i e , a large business, small business, state government or state instrumentality, local government, nonprofit organization, academic institution, individual), the County and the Subgrantee agree to take the necessary actions to provide, through DHS, those rights in that invention due the Federal Government as described in U.S Department of Commerce regulations, 'Rights to Inventions Made by Nonprofit Page 15 of 16 Subgrant Agreement Contract# - FFY05-SHSP-035 Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," 37 CFR Part 401 The Subgrantee also agrees to include the requirements of this section in each subcontract for experimental, developmental, or research work financed in whole or in part with Federal assistance provided by DHS. Ref 49 CFR Part 19, Appendix A, Section 5 I 1 I 1 1 1 1 1 Page 16 of 16 Kent City Council Meeting Date February 6. 2007 Category Consent Calendar 1. SUBJECT: AGREEMENT WITH CITY OF COVINGTON FOR FIRE MARSHAL SERVICES — AUTHORIZE 2. SUMMARY STATEMENT: Authorize the Mayor to sign an Interlocal Agreement with the City of Covington for Kent to provide Fire Marshal services, subject to final terms and conditions acceptable by the City Attorney The Kent Fire Department currently provides plan review, inspection, code enforcement, and fire investigation services to the City of Covington under various Interlocal Agreements Staff seeks Council's authorization for the Mayor to sign an additional Interlocal Agreement with Covington relating to Fire Marshal administrative services that will allow the Kent Fire Department to provide full Fire Marshal services to Covington, while providing the authority for Kent to enforce Covmgton's International Fire Code (IFC) and its local amendments to the IFC. This Interlocal Agreement will proceed before the Operations Committee the same night it is presented to the full council for consideration Should the Interlocal Agreement not unanimously pass out of committee, it will be pulled from the consent agenda and placed on Other Business. 3. EXHIBITS: Interlocal agreement 4. RECOMMENDED BY: Operations Committee 2/6/07 and Staff (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure" _ Revenue? Yes Currently in the Budget? Yes No X If no Unbudgeted Expense: Fund Amount $ Unbudgeted Revenue: Fund 10003700.53822 Amount $66,560 00 6. CITY COUNCIL ACTION: Counctlmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No 6S FIRE ADMINISTRATION ]im Schneider Fire Chief/Director of Emergency Management 24611 116`h Ave SE Kent, WA 98030 Fax 253-856-6300 PHONE: 253-856-4300 February 6, 2007 To: Operations Committee iFrom: Jim Schneider, Fire Chief Regarding: Interlocal Agreement Between the Cities of Kent and Covington Relating to Fire Marshal Administrative Services MOTION: Recommend Council, at its February 6, 2007, meeting under Other Business, authorize the Mayor to sign the Interlocal Agreement between the Cities of Kent and Covington relating to Fire Marshal administrative services SUMMARY: The City of Kent Fire Department currently provides plan review, inspection, code enforcement, and fire investigation services to the City of Covington under various Interlocal Agreements Authorization of this proposed, additional Interlocal Agreement relating to Fire Marshal Administrative Services will allow the Kent Fire Department to provide full Fire Marshal services to the City of Covington, while additionally providing the authority for Kent to enforce Covington's International Fire Code (IFC) and its local amendments to the IFC. BUDGET IMPACT: Revenue of approximately $66,000. These funds have been identified to assist with the funding a new Battalion Chiefs position l 1 � I i City of Kent Fire Department-Internationally Accredited Fire Agency INTERLOCAL AGREEMENT BETWEEN THE CITIES OF KENT AND COVINGTON RELATING TO FIRE MARSHAL ADMINISTRATIVE SERVICES THIS INTERLOCAL AGREEMENT, hereinafter "Agreement", is entered into between the CITY OF KENT, hereinafter "Kent", and the CITY OF COVINGTON, hereinafter "Covington" WHEREAS, Kent and Covington are public agencies as defined by Ch 39 34 of the Revised Code of Washington ("RCW"), and are authorized to enter into interlocal agreements on the basis of mutual advantage and thereby to provide services and facilities in the manner and pursuant to forms of governmental organization that will accord best with geographic, economic, population, and other factors influencing the needs of local communities, and WHEREAS, Kent's Fire Department maintains a Fire Marshal that administers and manages fire prevention and code enforcement programs , and WHEREAS, Covington desires to utilize the resources of Kent to assist Covington in administering the fire code and programs, and WHEREAS, Covington has agreed to compensate Kent for conducting such administration, NOW THEREFORE, in consideration of the terms and provisions contained herein, it is agreed between Kent and Covington as follows 1. Purpose It is the purpose of this Agreement to establish the framework to effectuate Covington's desire to have Kent perform Fire Marshal Administrative Services To that end, Kent hereby agrees to perform for payment the following services for Covington 1.1 Fire Code Administration; 1.2 Administration of Fire Prevention Programs; 1.3 Management of Covington Fire Prevention Bureau t2. Administration of Agreement. To carry out the purpose of this Agreement, a two-person board is hereby created to administer this Agreement The board shall consist of the Fire Chief for the City of Kent Fire Department, and the City Manager for the City of Covington The board shall meet no less than one time per year to discuss the performance of the obligations of Kent and Covington pursuant to this Agreement The board may, at its discretion and by mutual agreement, develop policies and procedures to aid in the implementation of this Agreement 3. Administration Services. 3.1 Fire Code Administration. , Fire Code Administration shall be performed under the authority granted by the International Fire Code as adopted and amended by the City of Covington Local code amendments shall be performed in accordance with City of Covington policies and procedures Whenever practical, it shall be the policy to streamline the differences between the Cities of Kent and Covington fire code amendments Administrative Rulings, Interpretations and Policies shall be performed in accordance with the City of Covington record retention policies Whenever practical, it shall be the policy to streamline the differences between the Cities of Kent and Covington fire code rulings, interpretations and polices 3.2 Administration of fire prevention programs. Administration of fire prevention programs shall be performed in the same manner in the City of Kent and Covington Administration shall include the management of the existing Interlocal Agreements signed by the Cities of Kent and Covington 3.3 Management of Covington Fire Prevention Bureau. It is the intent of this contract that the Fire Marshal manage the Covington Fire Prevention Bureau within the adopted City of Covington codes, policies and procedures 3.4 Point of Contact The Fire Marshal's point of contact shall be the Community Development Director or his designee, or other individual as designated by the City Manager 3.5 Information The Fire Marshal will make every attempt to keep the Point of Contact informed and apprised of problems and/or circumstances arising from the administration of the fire code or prevention programs The Point of Contact will make every attempt to keep the Fire Marshal informed and apprised of circumstances and/or situations in Covington 4. Duration. This Agreement shall become effective on the last date this Agreement is ratified by the legislative body of Covington and the legislative body of Kent Unless terminated by either party pursuant to the terms of this Agreement, this Agreement shall remain in full force and effect for 3 years from the effective date This Agreement may be extended by mutual written agreement of the parties subject to the ratification of such extension by the legislative body of each city S. Payment to Kent. In consideration of this Agreement and the services provided, Covington will pay Kent per subsection 5 1 for work performed by Kent 5.1 Payment Structure. 5.1.1 Initial Payment Although Covington will pay Kent an hourly rate of $128 00 per hour, the parties agree that in order to provide a baseline for budget planning, Covington will initially pay Kent based upon an estimated 520 hours of work per year, which will result in the payment of $66,560 00 annually in four (4) quarterly installments of $16,640 00 each due thirty (30) days after the first day of each quarter For the purposes of this Agreement, the quarters shall begin on January 1, April 1, July 1 and October 1 of each year 5.1.2 Annual Adjustment Annual adjustments will be made in January to reflect the cost of the Seattle/Tacoma/Bremerton CPI-W for the period of June to June of the previous year 5.2 Billing Statement. Kent will submit a quarterly statement to Covington 5.3 Billing Statement Dispute. In the event that there is a dispute regarding the amount of money owed by Covington to Kent, the board shall make every effort to resolve such dispute In the event that there is no resolution to the dispute, the disputed amount shall be placed into the registry of the King County Superior Court until the dispute is resolved by agreement of the parties or in a court with jurisdiction over the subject matter of the dispute 5.4 Reconciliation of Amount Due After Termination or Expiration. Within thirty (30) days of the effective date of this Agreement's expiration or earlier termination, Kent shall submit to Covington a statement as described in subsection 5 2 of this Agreement for the past quarter or part thereof Within thirty (30) days of submitting the statement, the parties shall reconcile the account and determine how much money Covington owes to Kent for unpaid services or Kent owes to Covington for services that have been paid for but not provided Final payment and settlement of accounts shall occur within ninety (90) days of the effective date of termination of the Agreement 6. Ownership of Property. The parties to this Agreement do not contemplate the acquisition of any property to carry out the purposes of this Agreement Any property owned by Kent shall remain the property of Kent, and any property owned by Covington shall remain the property of Covington iI 7. Termination. 7.1 Termination by Notice. This Agreement may be terminated by either party upon it providing the other party with 3 years advance written notice of such termination 7.2 Termination by Mutual Written Agreement. This Agreement may be terminated at any time by mutual written agreement of the parties 7.3 Termination for Breach. Kent may terminate this Agreement with fourteen (14) days advance written notice upon the failure of Covington to make payments as required by this Agreement Covington may terminate this Agreement upon fourteen (14) days advance written notice in the event Kent fails to provide services as required in this Agreement except disputes handled per Section 5 3 8. Indemnification and Hold Harmless. Covington agrees to defend, indemnify, and hold harmless Kent and each of its employees, officials, agents, and volunteers from any and all losses, claims, liabilities, lawsuits, or legal judgments arising out of any negligent or tortious actions or inactions by Covington or any of its employees, officials, agents, or volunteers, while acting within the scope of the duties required by this Agreement All costs, including but not limited to attorneys fees, court fees, mediation fees, arbitration fees, settlements, awards of compensation, awards of damages of every kind, etc , shall be paid by Covington or its insurer This provision shall survive the expiration of this Agreement This provision shall also survive and remain in effect in the event that a court or other entity with jurisdiction determines that this interlocal Agreement is not enforceable Kent agrees to defend, indemnify, and hold harmless Covington and each of its employees, officials, agents, and volunteers from any and all losses, damages, claims, liabilities, lawsuits, or legal judgments arising out of any negligent or tortious actions or inactions by Kent or any of its employees, officials, agents, or volunteers, while acting within the scope of the duties required by this Agreement All costs, including but not limited to attorneys fees, court fees, mediation fees, arbitration fees, settlements, awards of compensation, awards of damages of every kind, etc , shall be paid by Kent or its insurer. This provision shall survive the expiration or earlier termination of this Agreement This provision shall also survive and remain in effect in the event that a court or other entity with jurisdiction determines that this interlocal Agreement is not enforceable IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES EACH PARTY'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY TO CARRY OUT THE PURPOSES OF THIS INDEMNIFICATION CLAUSE. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. 9. Insurance. Each city shall carry and maintain, for the duration of this Agreement, general liability, property damage, and errors and omissions insurance coverage with an admitted carrier for the state of Washington with the following minimums General Liability $1 million per occurrence, and Property Damage* $1 million per occurrence; and Errors and Omissions, $1 million per occurrence The insurance policies of each city shall name the other city and its officials, officers, employees, and volunteers, who are acting within the scope of this Agreement as additional named insureds for any and all actions taken by each city, its officials officers, employees, and volunteers in the scope of their duties pursuant to this Agreement The insurance policy or policies shall have a thirty (30) days prior notice of cancellation clause to be given to the other city, in writing, in the event of termination or material modification of the insurance coverage The insurance shall be "occurrence based" rather than "claims made " In the alternative, each city may satisfy the requirements of this section by becoming or remaining a participant in an authorized self insurance pool in the state of Washington with protection equal to or greater than that specified herein 10. Miscellaneous. 10.1 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, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect 10.2 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 are unable to settle any dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the 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 arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, in addition to any other recovery or award provided by law, provided, however, nothing in this paragraph shall be construed to limit the parties' right to indemnification under this Agreement 10.3 Assignment. Any assignment of this Agreement by either party without the prior 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 10.4 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 each party and subject to ratification by the legislative body of each City 10.5 Compliance with Laws. Each party agrees to comply with all local, federal and state laws, rules, and regulations that are now effective or in the future become applicable to this Agreement 10.6 Entire Agreement. The written terms and provisions of this Agreement, together with any exhibits attached hereto, shall supersede all prior communications, negotiations, representations or agreements, either verbal or written of any officer or other representative of each 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 All of the exhibits are hereby made part of this Agreement Should any of the language of any exhibits to this Agreement conflict with any language contained in this Agreement, the language of this document shall prevail r 10.7 Severability. If any section of this Agreement is i adjudicated to be invalid, such action shall not affect the validity of any section not so adjudicated 10.8 Interpretation The legal presumption that an ambiguous term of this Agreement should be interpreted against the party who prepared the Agreement shall not apply 10.9 Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary Any written notice hereunder shall become effective upon personal service or three (3) business days after the date of mailing by registered or certified mail, 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 hereafter specified in writing IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. COVINGTON: KENT: CITY OF COVINGTON. CITY OF KENT: By. By (signature) Print Name- Bob White Print Name- Suzette Cooke Its City Manager (Title) Its Mayor DATE: DATE: NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: Bob White, City Manager Jim Schneider, Chief City of Covington City of Kent Fire Department 17210 SE 272nd Street 220 Fourth Avenue South Covington, WA 98042 Kent, WA 98032 (253) 638-1110 (telephone) (253) 856-4300 (telephone) (253) 638-1122 (facsimile) (253) 856-6300 (facsimile) 1 APPROVED AS TO FORM: APPROVED AS TO FORM: Bruce Disend, Arthur"Pat' Fitzpatrick, City Attorney Deputy City Attorney P 1QvdATTORNEYS\Pat\CovmgtonArsonlnvcstigationslLA doc Kent City Council Meeting Date February 6, 2007 Category Consent Calendar 1. SUBJECT: BATTALION CHIEF POSITION IN FIRE PREVENTION— APPROVE 2. SUMMARY STATEMENT: Amend the 2007 budget to create a new regular full-time Battalion Cluct position within Fire Prevention The Kent Fire Department currently provides, through Interlocal agreements, the following fire marshal duties to the City of Covington plan review, inspection/code enforcement, and fire investigation services. Contemporaneously with the request in this motion, staff is requesting authorization for the Mayor to sign an Interlocal Agreement for Kent to additionally provide Fire Marshal administrative services to Covington. Because of the additional workload and responsibilities associated with the Interlocal Agreements, and because of span of control, the Department requests Council create a Battalion Chief Position, to be funded through the revenue generated by the various Interlocal Agreements, to assist in the supervision of the Fire Prevention Division for the City of Kent This item will proceed before the Operations Committee the same night it is presented to the full council for consideration. Should the item not unanimously pass out of committee, it will be pulled from the consent agenda and placed on Other Business. 3. EXHIBITS: Executive Summary 4. RECOMMENDED BY: Operations Committee 2/6/07 and Staff (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? Yes Revenue? Yes Currently in the Budget? Yes No X If no Unbudgeted Expense: Fund 10003700.6XXXX.2900 Amount $131,850.00 Unbudgeted Revenue: Fund 10003700.53822 Amount $139,700 00* *through prior approved interlocal agreement 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 6T 1 FIRE ADMINISTRATION Jim Schneider Fire Chief/Director of Emergency Management 24611 116`h Ave SE Kent, WA 98030 Fax 253-856-6300 PHONE: 253-856-4300 February 6, 2007 To: Operations Committee From: Jim Schneider, Fire Chief Regarding: Amend budget to create new Battalion Chief Position In Fire Prevention MOTION: Recommend Council, at its February 6, 2007 meeting under Other Business, amend the 2007 budget in order to create a new Battalion Chief Position in Fire Prevention to be funded through revenue generated by Interlocal Agreements with the City of Covington. SUMMARY: The City of Kent Fire Department currently provides plan review, inspection, code enforcement, and fire investigation services to the City of Covington under various Interlocal Agreements. Contemporaneously with the request in this motion, staff is requesting authorization for the Mayor to sign an Interlocal Agreement for Kent to additionally provide Fire Marshal administrative services to Covington Because of the additional workload and responsibilities associated with the Interlocal Agreements, and because of span of control, the Department requests Council create a Battalion Chief position, to be funded through the revenue generated by the Interlocal Agreements, to assist to the supervision of the Fire Prevention Division for the City of Kent BUDGET IMPACT. $131,850 offset by revenue from Interlocal Agreements with the City of Covington. City of Kent Fire Department-Internationally Accredited Fire Agency FIRE ADMINISTRATION Jim Schneider Fire Chief/Director of Emergency Management 24611 1161"Ave SE Kent, WA 98030 Fax 253-856-6300 PHONE: 253-856-4300 DATE: February 6, 2007 TO- Operations Committee FROM. Jim Schneider, Fire Chief RE: Amend budget to create a new Battalion Chief Position in Fire Prevention BackEround: The City of Kent Fire Department currently provides plan review, inspection, code enforcement, and fire investigation services to the City of Covington under various Interlocal Agreements Contemporaneously with the request in this motion, staff is requesting authorization for the Mayor to sign an Interlocal Agreement for Kent to additionally provide Fire Marshal administrative services to Covington Because of the additional workload and responsibilities associated with the Interlocal Agreements, and because of span of control, the Department requests Council create a Battalion Chief position, to be funded through the revenue generated by the Interlocal Agreements, to assist in the supervision of the Fire Prevention Division for the City of Kent Discussion: All of the Interlocal Agreements with Covington produce total revenue to Kent of approximately S 139,700 per year Providing these services and responsibilities to Covington, which receives fire/EMS services from King County Fire District#37, who contracts for these services with the Kent Fire Department, has not only increased the Fire Prevention Divisions workload, but also stretched the span of control of the Division Chief A fact-finding process, conducted by Employee Services in 2006, identified the immediate need to have a rank between the Division Chief and Captains who supervise in the Division The rank of Battalion Chief, a rank between the Captains and Division Chief will assist in reporting relationships, chain of command, and acting in capacity when the Division Chief is gone The estimated 2007 salary, including benefits, of the new Battalion Chief position will be $127,850. We are estimating that startup operational costs for this new position will be approximately S4,000. The cost of this new full-time position will be off set by the revenue generated by the current Interlocal Agreements. City of Kent Fire Department- Internationally Accredited Fire Agency Operations Committee Page 2 of 2 February 6,2007 Fire Dept—Amend 2007 budget to create new BC position With the promotion of a Captain to a Battalion Chief, and a Firefighter to a Captain, the Department will hire a Probationary Firefighter to till the vacancy. This is anticipated to be an additional cost savings of$43,380 for the first three (3) years of employment. The duties of the Fire Prevention Division wilt be re-assigned as follows with the approval of the new Battalion Chief position Fire Marshal/Division Chief Battalion Chief Plans Review Public Education Code Enforcement Fire Investigations Inspections Information Strategic Svs Authorizing this new Battalion Chief position in Fire Prevention, funded by revenue from Interlocal Agreements with Covington, will address a major recommendation identified in the 2006 fact- finding process conducted by Employee Services. This item is currently set for Council's consideration on its Consent Calendar the same night it is presented to the Operations Committee. Should this item not unanimously pass out of committee, it will be pulled from the Consent Calendar and placed on Other Business ti Kent City Council Meeting Date February 6, 2007 Category Consent Calendar I. SUBJECT: S. 228TH GREEN RIVER BRIDGE — ACCEPT AS COMPLETE 2. SUMMARY STATEMENT: Accept the S 228th Green River Bridge as complete and release retamage to Mowat Construction Inc. upon receipt of standard releases from the state and release of any liens The original contract amount was $ 6,555,301 The final contract amount was $6,511,178.47. 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 6U Kent City Council Meeting Date February 6, 2007 Category Consent Calendar 1. SUBJECT: KENT AQUATIC AND COMMUNITY CENTER PROGRAMMING AND CONCEPTUAL DESIGN AGREEMENT —AUTHORIZE 2. SUMMARY STATEMENT: Authorize the Mayor to enter into an agreement in the amount of$113,000 with Barker Rinker Seacat Architecture for programming and conceptual design of the proposed Kent Aquatic and Community Center, upon review by the City Attorney Five design teams responded to the RFQ advertised on October 16 and 23, 2006. On December 12 and 13, 2006, Barker Rinker Seacat Architecture was selected by an interview panel to complete programming and 30% of schematic design for the proposed Kent Aquatic and Community Center in the amount of S113,000.00. If the city decides to proceed to 100% design documents, an additional contract will be necessary. 3. EXHIBITS: Consultant Services Agreement 4. RECOMMENDED BY: Operations Committee (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. 6V • KENT n� Ww�"IMO10" W r� CONSULTANT SERVICES AGREEMENT (� between the City of Kent and Barker Rinker Seacat Architecture THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Barker Rinker Seacat Architecute organized under the laws of the State of Colorado, located and doing business at 2300 Fifteenth Street, Suite 100, Denver, Colorado 80202 (hereinafter the "Consultant"). I. DESCRIPTION OF WORK. Consultant shall perform the following services for the City in accordance with the following described plans and/or specifications: Consultant will work with the City of Kent to develop the programming and concept design for the future Kent Aquatic and Community Center in Kent, Washington as described in the Consultant's Scope of Work dated January 7, 2007 attached and incorporated as Exhibit A. Consultant further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices in effect at the time those services are performed. II. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in Section I above immediately upon the effective date of this Agreement. Upon the effective date of this Agreement, Consultant shall complete the work described in Section I by September 30, 2007. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed One Hundred, Thirteen Thousand Dollars and NO/100ths ($113,000.00) for the services described in this Agreement. This is the maximum amount to be paid under this Agreement for the work described in Section I above, and shall not be exceeded without the prior written authorization of the City in the form of a negotiated and executed supplemental agreement. The Consultant agrees that the hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rate(s) for a period of one (1) year from the effective date of this Agreement. The Consultant's billing rates shall be as delineated in Exhibit A. B. The Consultant shall submit monthly payment invoices to the City for work performed, and a final bill upon completion of all services described in this Agreement. The City shall provide payment within forty-five (45) days of receipt of an invoice. If the City objects to all or any portion of an invoice, it shall notify the Consultant and reserves the option to only pay that portion of the invoice not in dispute. In that event, the parties will immediately make every effort to settle the disputed portion. CONSULTANT SERVICES AGREEMENT- I (Over$10,000) IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor- Employer Relationship will be created by this Agreement and that the Consultant has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days written notice at its address set forth on the signature block of this Agreement. After termination, the City may take possession of all records and data within the Consultant's possession pertaining to this project, which may be used by the City without restriction. If the City's use of Consultant's records or data is not related to this project, it shall be without liability or legal exposure to the Consultant. VI. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any subcontract, the Consultant, its subcontractors, or any person acting on behalf of the Consultant or subcontractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. Consultant shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. VII. INDEMNIFICATION. Consultant shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Consultant's performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. The City's inspection or acceptance of any of Consultant's work when completed shall not be grounds to avoid any of these covenants of indemnification Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, agents and volunteers, the Consultant's liability hereunder shall be only to the extent of the Consultant's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. The provisions of this section shall survive the expiration or termination of this Agreement. VIII. INSURANCE. The Consultant shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit B attached and incorporated by this reference. IX. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide reasonable accuracy of any information supplied by it to Consultant for the purpose of completion of the work under this Agreement. CONSULTANT SERVICES AGREEMENT-2 (Over$10,000) X. OWNERSHIP AND USE OF RECORDS AND DOCUMENTS. Original documents, drawings, designs, reports, or any other records developed or created under this Agreement shall belong to and become the property of the City. All records submitted by the City to the Consultant will be safeguarded by the Consultant. Consultant shall make such data, documents, and files available to the City upon the City's request. The city's use or reuse of any of the documents, data and files created by Consultant for this project by anyone other than Consultant on any other project shall be without liability or legal exposure to Consultant. XI. CITY'S RIGHT OF INSPECTION. Even though Consultant is an independent contractor with the authority to control and direct the performance and details of the work authorized under this Agreement, the work must meet the approval of the City and shall be subject to the City's general right of inspection to secure satisfactory completion. XII. WORK PERFORMED AT CONSULTANT'S RISK Consultant shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be done at Consultant's own risk, and Consultant shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. XIII. MISCELLANEOUS PROVISIONS. A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. C. 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 are unable to settle any dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the 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 arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section VII of this Agreement. D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, 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 hereafter specified in writing. i1 it E. 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. CONSULTANT SERVICES AGREEMENT-3 (Over$10,000) F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Consultant. G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner 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. H. Compliance with Laws. The Consultant agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Consultant's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. IN WITNESS, the parties below execute this Agreement,which shall become effective on the last date entered below. CONSULTANT: CITY OF KENT: By: By: 019MIure) (signalive) Print Name: Keith Haves Print Name: Suzette Cooke Its Principal Its Mayor (Tale) (ride) DATE: DATE: NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONSULTANT: CITY OF KENT: Keith Hayes Perry Brooks, Project Manager Barker Rinker Seacat Architecture Kent Parks, Recreation & Community Services 2300 Fifteenth Street, Suite 100 220 Fourth Avenue South Denver, Colorado 80202 Kent, WA 98032 (303) 455-1366 (telephone) (253) 856-5114 (telephone) 303 455-7457 (facsimile) (253) 856-6050 (facsimile) APPROVED AS TO FORM: Kent Law Department Kent Aquatic&Community Center resign CONSULTANT SERVICES AGREEMENT-4 (Over$10,000) DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City's equal employment opportunity policies. The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative response is required on all of the following questions for this Agreement to be valid and binding. If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of contract and it will be at the City's sole determination regarding suspension or termination for all or part of the Agreement; The questions are as follows: I. I have read the attached City of Kent administrative policy number 1.2. 2. During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability. 3. During the time of this Agreement the prime contractor will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 4. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities. 5. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime Contractor, that the Prime Contractor complied with the requirements as set forth above. By signing below, I agree to fulfill the five requirements referenced above. Dated this day of 2007. By: For: Title: Date: EEO COMPLIANCE DOCUMENTS- 1 CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor POLICY: Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City's equal employment opportunity policy. 2. Monitoring to assure adherence to federal, state and local laws,policies and guidelines. EEO COMPLIANCE DOCUMENTS-2 CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement. I, the undersigned, a duly represented agent of Barker Rinker Seacat Architecture Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as Kent Aquatic & Community Center Design that was entered into on the date between the firm I represent and the City of Kent. I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before-mentioned Agreement. Dated this day of 2007. By: For: Title: Date: EEO COMPLIANCE DOCUMENTS-3 EXHIBIT A BARKER KICKER 5EACAT� MEMORANDUM E � / O I InecNlrecrur:-e � j�/1 .1\lj�.jRAI�DU.M To: Perry Brooks Fax Number. from: Keith Hayes and Caroline Seeberger Date: January 7,2007 Project Namel Number. Kent Aquatics 20701.01 Number of Pages: 1+2 Re: Project Planning copy To: Chuck Musgrave,Duane Crawmer, Karon Badalementi and Sue Maguire It is our understanding that Kent intends to hold an election to fund the Aquatics and Community Center project during the early 2008. The City may proceed with design and documentation of the project in advance of the election in order that construction can proceed immediately after the election. Generally, we find It takes a year to develop the design and working drawings for a project of the size and complexity that Kent proposes Coincident with this process,you should be aware it will be necessary to make submissions to various agencies—SEPA,for example—in order to be able to be in a position to proceed with construction immediately after the election.A final project deliverable will be a proposal for full services for the design of the project based upon the program and budget developed in the coming weeks. Schedule overview: Programming and Concept Design, 10 weeks late January 2007-early April 2007 Review Period and Budget Update,2 weeks,late April 2007 Schematic Design,8 weeks May 2007-June 2007 Review Period and Budget Update,2 weeks,early July 2007 Design Development, 12 weeks,mid July 2007-mid October 2007 Review Period,2 weeks,late October 2007 Construction Documents, 16 weeks, November 2007-February 2008 The initial scope will cover the first 10-12 weeks of work We believe the following items need to be addressed as part of that scope: 1, Review, adjust/amend and approve project program 2. Review, adjust/amend and approve project budget 3. Confirm site capacity and constraints of Naden Avenue property 4 Develop the sustainable design plan to ensure LEED silver or better 5 Identify required agency approval timelines and develop the overall project schedule 6. Based on the approved program, revise the operations plan and pro-forma 7 Develop a site and project concept in order to create a project rendering 8. Confirm the overall project scope,schedule and consulting team We recommend the following Consulting Team be considered to confirm programming and develop concept design- -Lead Consultant and Architect-of-Record Barker Rinker Seacat, Denver, Colorado -Progranu3eng and Operations Pro-Fomia GieenPiay,LLC, Broomfield, Colorado -Landscape Architects.Susan Black&Associates,Seattle,Washington -Crod Engineering: Dowl Engineers,Redmond,Wabhmglon -Cost Estimating Architectural Cost Consultants,Pottidod,Oregon -LEED Consultant-The Weidt Group, Minnetonka,Minnesota ,'.0141 I rtl:vlllil':Ir001 bride 11 Ni lhAril CulotdrinRm'n? 3e1 4ss-33A lea 104 www om W\207e101 K:nl Aqueb,sRFecic.:Unn Fir AOylt lit -Cunlraclsle-IH,'UW U1:2yx.gro...A,inc BARKER RINKER SEACATO h /(� /�(�} 1 IARCRITECTURE t M JLYlORANDUM We also advocate that Kent develop an internal staff team to monitor project progress, and act as a Mason between the Consulting Team, the Steering Committee, Council and Kent Citizens Ideally this would consist of 1- 5 individuals from Parks and other relevant departments, slim ar to the group we worked with in the inNal study Programming and Concept Design Tasks and Schedule Week of January 1 Plan rang conference call—ideally January 2 or 3 Perry,Caroline and Keith, possibly Karon to attend -BRSA and Kent to confer on project scope and schedule -BRSA and Kent to confer on project team -BRSA and Kent to confer on phase deliverables is a 3-D model and/or animation desired? -BRSA and Kent to discuss desire for further citizen outreach,more surveying Kent to submit consulting contract for review and signature BRSA to develop Immediate project schedule and update overall project schedule BRSA to prepare preliminary project budget documents and programming materials BRSA to work with LEED consultant to prepare preliminary LEED scorecard Week of January B-19 Confer with Project Team to review latest developments (teleconference) -identify other City agency team members -Discuss agency approvals anticipated and solicit Input on overall project schedule -Review project program and budget objectives Meet with sde consulting team to discuss site capacity(teleconference) -Collect site constraint information and develop mapping tools to graphically describe utilities, sebacks, site entry,massing opportunities,etc, Prepare towing materials Week of January 22 Workshop 1(Steering Committee travels to Denver) Steering Committee to visit Denver and tour 4-6 similar facilities Meet with Steering Committee to review previous project findings,survey results, latest developments and project budget -play card game and develop project parameters -Review preliminary project program and budget -Review preliminary project pro-forma Meet with site and LEED consultants to discuss sustainable design opportunities(teleconference)Contact agencies forapproval processes and develop project schedule Week of February 5-23 -Develop project program and budget -Develop project pro-forma -Conference call with Civil Engineer and Landscape Architect(site team) -Conference call with site team and broader City staff to discuss site issues/traffic/etc -Update LEED scorecard, develop materials for LEED workshop -Develop site mapping tools for use in LEED workshop -Develop pubic meeting tools Week of February 26 Workshop 2 (Keith,Caroline and Karon travel to Kent) Confer with Project Team to review latest developments -Hold public open house to mfoml public and staff and solicit input -Meet wish focus groups, if necessary !SU011lla`I1111:;I1a't`I,SUIf lux) l4 u"• ,Udai.Ju:U9� 304-IS; B66 I.ia 301, ISti.'457 .awu•1 n`n i-h t nil W V?07r l 01-K.-id Aqual"R Riri,-:dim Fac ih to I III -Cunlwi isiC-1'i'21.1010: �n,yxi„ai Jrc, BARKER RINKER SE_ACAT IO //(F MEMORANDUM [ARCH IT ECtURE t MEMORANDU.M •� Conduct Bile visits, if necessary (Haden site,the Commons, K-M Pool, Federal Way Community Center, others to be identified) Meet with Steering Committee and present findings -At all, review preliminary program and budget,site and building adjacency concepts -Tour Kent facilities,to be determined LEED workshop to Identify sustainable design strategies Week of February 26-March 12 -Finalize project program and budget -Finalize project pro-forma -Refine concept site plan,plan adjacencies, building massing -Confirm project budget with cost consultant -Document workshop outcomes and update LEED scorecard -Finalize project schedule -Develop full-service scope of work and solicit proposals from consultants Week of March 19 Workshop 3(Keith,Caroline and Karon travel to Kent) -Confer with Project Team to review latest developments -Meet with Steering Committee to review updated program,budget,concept site and building design -Hold public open house to solicit input -Meet with focus groups, If necessary -Confirm project budget with cost consultant -Prepare proposal for full-service scope of work Week of March 26 -Team updales documents and prepares final report and presentation materials -10 copies of findings report to City of Kent We solicited proposals from for the Civil, Landscape and LEED scopes.The scopmg document Is included for your information. We proposed a fee for the work of$98,000 for the above scope of work,plus a reimbursable budget (shown in Exhibit A)of$15,000 for a total of$113,000 plus applicable Washington slate taxes We anticipate the finished product will be similar in detail to 30% schematic design We welcome your comments and input,and look forward to getting started[Please let us know if the above outline meet meets with your approval, and please provide us with the contract language. i i !;11U I Ilh!'ulli SI1,i`I .ank' 1011 I lerl t1, Ct'I I 1,14 "1 I.` 2 ,03 45S-1166 1 1 ill 4SS. 1%: lv Plc hl...n,h coil? n1 •Coidca NTJR-,W i 61.21WJKVOI d,r_ EXHIBIT B INSURANCE REQUIREMENTS FOR CONSULTANT SERVICES AGREEMENTS Insurance The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Consultant shall obtain insurance of the types described below: 1. Automobile Liability insurance covering all owned,non-owned,hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products-completed operations,personal injury and advertising injury, and liability assumed under an insured contract. The Commercial General Liability insurance shall be endorsed to provide the Aggregate Per Project Endorsement ISO form CG 25 03 11 85. The City shall be named as an insured under the Consultant's Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 11 85 or a substitute endorsement providing equivalent coverage. 2. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. B. Minimum Amounts of Insurance Consultant shall maintain the following insurance limits: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 2. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate and a $1,000,000 products-completed operations aggregate limit. C. Other Insurance Provisions ,9 EXHIBIT B (Continued) r The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance: 1. The Consultant's insurance coverage shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Consultant's insurance and shall not contribute with it 2. The Consultant's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty(30)days prior written notice by certified mail, return receipt requested, has been given to the City. 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the Consultant and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance policies. The Consultant's Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than AN IL II. E. Verification of Coverage Consultant shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement,evidencing the insurance requirements of the Consultant before commencement of the work. F. Subcontractors Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the same insurance requirements as stated herein for the Consultant. Kent City Council Meeting Date February 6, 2007 Category Other Business 1. SUBJECT: RESIDENTIAL DEVELOPMENT STANDARDS 2. SUMMARY STATEMENT: This proposal updates the Kent Zoning and Subdivision Codes for residential development Proposed amendments as recommended by the Planning & Economic Development Committee provide for recreation area within subdivisions, increased requirements for tree preservation and landscaping, increased side and rear setbacks, attached units within single family residential areas, diminished garage doors and design features. At the same time, the proposal reduces minimum lot size to 3,000 square feet in the SR-4.5, SR-6 and SR-8 zoning districts. 3. EXHIBITS: 1/30/07 staff memo; 1/10/07 CC workshop packet; 1/8/07 PEDC packet & minutes, 12/1 l/06 LUPB packet & minutes; l 1/27/06 LUPB workshop packet; 11/13/06 LUPB packet& minutes; 10/23/06 LUPB workshop packet 4. RECOMMENDED BY: Planning & Economic Development 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 $ r N 6. CITY COUNCIL ACTION: Councilmember d d,1441,ya moves, Counctlmember a } seconds to approveMen*4niodrify the recommendation of the Planning and Economic Development Committee regarding residential development standards] ,,j I-v DISCUSSION: ACTION: Council Agenda Item No 7A COMMUNITY DEVELOPMENT Fred N Satterstrom, AICP, Director KENT Charlene SERVICES e Anderson, AICP, Manager W AS H I N G TO N Phone 253-856-5454 Fax, 253-856-6454 Address: 220 Fourth Avenue S. Kent, WA 98032-5895 January 30, 2007 To: Council President Dr. Deborah Ranniger and City Council Members From: Matt Gilbert, AICP, Planner Subject: Residential Development Standards Update MOTION: To approve/deny/modify the recommendation of the Planning & Economic Development Committee regarding residential development standards. SUMMARY: At their January 8, 2007 meeting, the Planning & Economic Development Committee recommended approval with additional amendments of the Land Use & Planning Board's amended Option 2 of the proposed Residential Development Standards. Attached is the complete text of the proposed amendments, and a matrix describing other options that were ' considered. BUDGET IMPACT: None BACKGROUND: The key amendments to the LUPB recommendation incorporated in the Planning & Economic Development Committee's recommendation are: • Residential Land Uses, SR4.5, SR-6, SR-8 -- 25% of subdivision may be duplexes. ' • Setbacks: 10 feet rear yard; Side yard: minimum 5 feet, or 8 feet without fire safety measures, 50% of subdivision must have aggregate 16 feet side yards (8/8, 5/11 etc.) ' 70% of new homes in each new development must provide a diminished garage. These changes were discussed at the City Council's January 16, 2007 workshop. Enclosed are the complete staff reports and minutes from the workshops, meetings and public hearings held by the Land Use and Planning Board and Planning & Economic Development Committee, as well as the Council's workshop packet from January 16`h. In addition to these materials, Planning Services has compiled the complete record of written public comments submitted both directly to the Planning Services office and via the City's Residential Development web survey. These comments are available for review in the City Council Conference Room. malomS.lPermdiPlan)ZONECODEAMENDJ20061ZCA20063 ResDeuStdsIZC42006-3 020607CCmemoobc cc Charlene Anderson, AICP, Planning Manager Il Fred N Satterstrom,AICP, CD Director % Project File i i January 16, 2007 Council Workshop COMMUNITY DEVELOPMENT Packet Fred N. Satterstrom, AICP, Director i ��KKN T PLANNING SERVICES Charlene Anderson, AICP, Manager WASIINGTOw Phone 253-856-5454 iFax 253-856-6454 Address- 220 Fourth Avenue S Kent, WA 98032-5895 January 10, 2007 To: Council President Dr. Deborah Ranniger and City Council Members i From: Matt Gilbert, AICP, Planner Subject: Residential Development Standards Update At their January 8, 2007 meeting, the Planning & Economic Development Committee recommended approval with additional amendments of the Land Use & Planning Board's amended Option 2 of the proposed Residential Development Standards. Attached is the complete text of the proposed amendments, and a matrix describing other options that were considered. i The key elements of the Planning & Economic Development Committee recommendation are: • Definitions added • Residential Land Uses, SR4.5, SR-6, SR-8 -- 25% of subdivision may be duplexes i • Setbacks: 10 feet rear yard; Side yard: minimum 5 feet, or 8 feet without fire safety measures, 50% of subdivision must have aggregate 16 feet side yards (8/8, 5/11 etc.) ' • Lot size & width. minimum 3,000 sq. ft; 30-foot diameter developable circle; 20 feet lot frontage; 10 feet driveway separation ' • Design review: Yes. Entry fagade oriented toward highest-classified street access; attached units limited to 200 feet in length with 15 feet separation between buildings; fagade and roofline modulation (2 elements each) with modulation every 20 feet; 3 i architectural detail elements on facades facing public area; 70% diminished garages • Detention ponds: 10 feet perimeter landscaping; vinyl-coated chain link or wood fencing as required • Tree preservation: 15% of aggregate diameter of existing significant trees shall be retained or replaced (alder and cottonwood inches discounted 50%). Flexibility provided. ' • 10 feet of irrigated landscape buffering and consistent fencing required along streets not providing access to units i • 450 sq. ft. of developed on-site recreation area required per unit; flexibility to allow fee in lieu of dedication for short subdivisions MG/Pm5lPel-mitlPlanIZONECODEAMEND120061ZCA-2006-3 ResDev5tdslZC42006-3 011607CCmemodoc Enc Matrix, Proposed Code amendments cc: Charlene Anderson,AICP, Planning Manager Fred N Satterstrom,AICP, CD Director Parties of Interest iProject File 1 ' Residential Development Standards - Proposed Amendments January 16, 2007 As recommended by Planning & Economic Development Committee Zoning Code — Definitions 15.02.026 Architectural detail element. Architectural detail element means contrasting_trim at least five and one-half (5- 1/2) inches wide around the doors and windows of a facade; window shutters; ' minimum fifty(50) square feet and 5 feet deep covered area around a point of entry; minimum three (3) feet deep eaves; minimum of two (2) distinct finish ' materials used on a facade, not including trim material; balconies; or other methods approved by the planning manager which diminish the perception of bulk and provide visual interest along home facades facing public areas. 15.02.096 Density, maximum permitted. Maximum permitted density refers to the maximum number of single fafflily dwelling units permitted per acre. FeF kaet+e+is of , mum peFFAitted density shall be pFepeFtlenal te the size ef the let. FeF example, wheFe the maximuffi permitted density en ene half (1/2) aEre is thFee (3) single fafflily ems, subject to lot size and other development standards of Ch. 15.04 KCC. When determining the allowed number of units for a subdivision or short subdivision, all site area may be included in the calculation. If calculations result in a fraction, the fraction shall be rounded to the nearest whole number as follows: fractions above 0.50 shall be rounded up, fractions of 0.50 and below shall be rounded down. 15.02.106 Diminished garage door. Diminished garage door means a garage in the rear portion of the lot accessed via a common driveway between lots; or a side access garage where the front facade facing a public area is finished with a window or other architectural feature; or a garage accessed via a rear alley; or a garage set back no less than 10 feet from the front facade of the home; or other design strategies which similarly diminish the prominence of the garage and are approved by the planning manager. ' 15.02.134 Facade modulation. Facade modulation means a horizontal stepping back or projecting forward of portions of a building facade. The minimum modulation depth shall be 3 feet, and the minimum modulation width shall be 8 feet. ' 15.02.335.1 Public area. Public area means public or private roadways, pedestrian paths, parks, open ' spaces or other common spaces. ' 1 15.02.340.1 Roofline variation. Roofline variation means a vertical offset in ridge line; horizontal offset in ridge line; variations of roof pitch; gables; or any other similar technique approved by , the planning manager. The minimum horizontal or vertical offset shall be 3 feet and the minimum variation length shall be 8 feet. 15.02.499.1 Special life safety measures. ' S2eciallife safety measures means upper story rescue windows accessible from the front and rear of a home; or a Fire Department-approved automatic fire ' suppression system. 1 2 ' Zoning Code — Land Uses — Differentiation among options is indicated. 15.04.020 Residential land uses. ' ZONING DISTRICTS U KEY U — _ ..� U L) n U I P = PRINCIPALLY i +�-' +- )n )n +` ❑ Ln N PERMITTED USES U ❑ ❑ 'a ❑ ' L— Q) S = SPECIAL USES +' '' N Ln m U U Ln 7 7 C= CONDITIONAL U Y b N mo u Y ❑ � v) 0 ❑ in )n �, � � � — Lnis 0 ❑ m USES n ❑ ❑ 75 ❑ ❑ H H A=ACCESSORY USES v ❑ Fo 70 LA N Q) cC 0) Q) N ❑ a.t ❑ � � � N � 13 � � 13 � � � U U �D N In In Ln = In Ln i U (D m Q) d) E a) 4) Ln 0) I= cC � 7. K QC cC 0C a CuLT -75 C7 _ Y � � -- m m L m m c w E ❑ o m ❑ 2 ❑ c Co C71c c 0 ❑ - I Q �, � Lo Co �n f_n U7 ❑ oj J S = 'I a OC I c� c� 1� c� Q� c� I, _ ONE SINGLE-FAMILY P P P P P P P P P P P P P DWELLING PER LOT L L, _ ONE DUPLEX PER LOT P P P P Ll (27) (2Z) ' ONE MODULAR HOME P P P P P P P P P P P P P PER LOT ' DUPLEXES P P P P P P P P P (27) (Z71 (27) (22) ' MULTIFAMILY P(19) P(19) P P P TOWNHOUSE UNITS (20) (20) MULTIFAMILY P(26) P(26) P P P DWELLINGS MULTIFAMILY DWELLINGS FOR SENIOR CITIZENS ' ss .s __ { 'RO£I :I@Irt IIIIIIII I { I :IM4MUV IIIn ul ttl ' "Pl rS ii ISEdS'ffiW niC£IY'rt Xt i5'YId ItI ItIIIIId tIJIIIII ' 3 15.04.030 Residential land use development conditions. 27. Within subdivisions, as defined by KCC 12.04.025 and created after ' ORDINANCE DATE or altered to comply with zoning and subdivision code ' amendments effective on or after ORDINANCE DATE, 25% of the total number of permitted dwelling units may be duplex structures. 15.04.170 Agricultural and residential zone development standards. ' Change the matrix as follows in SR-4.5, SR-6 and SR-8 zoning districts: Minimum lot area: Add note 37 Side Yard: Delete 5 feet. Add 8 feet and (38) Rear Yard: 10 feet ' Additional Standards: Add Note 39 15.04.180 Agricultural and residential land use development standard conditions. 37. For subdivisions and short subdivisions created after ORDINANCE ' DATE or altered to comply with zoning and subdivision code amendments effective on or after ORDINANCE DATE, the minimum lot size shall be 3,000 square feet. Minimum lot width shall be measured by scaling a 30-foot diameter circle within the boundaries of the lot, provided that easement areas may not be included in the required 30- foot diameter circle. The lot frontage along private or public streets shall be a minimum 20 feet in width. Minimum driveway separation shall be 10 feet. Shared driveways are permitted. 38. Fifty (50) percent of the lots within subdivision and short subdivisions created after ORDINANCE DATE or altered to comply with zoning and ' subdivision code amendments effective on or after ORDINANCE DATE may have minimum 5 feet side yards when special life safety measures are provided. The sum total of both side yards for the remaining fifty (50) percent of the lots shall be a minimum 16 feet. ' 39. The residential design review standards of KCC 15.09.045(C) shall apply to subdivisions and short subdivisions created after ORDINANCE ' DATE or altered to comply with zoning and subdivision code amendments effective on or after ORDINANCE DATE. Zoning Code — Landscaping 15.07.040 General landscape requirements for all zones. , 4 , ' W. The perimeter of all storm water detention ponds shall be landscaped to a minimum depth of 10 feet of Type II landscaping. If perimeter fencing is trequired based on Public Works standards it shall be constructed of vinyl coated chain link or solid screen fencing. The fencing shall be located between the pond and the landscape area. Zoning Code — Tree Preservation 15.08.240 Preservation of trees. A. Purpose. Retention of significant trees as required by this section is necessary to maintain and protect property values, to enhance the visual appearance of the city, to preserve the natural wooded character of the area, to promote utilization of natural systems, to reduce the impacts of development on the storm drainage system, and to provide a transition between various land uses in the city. B. Regulations. Application of regulations for the preservation of significant trees is as follows: 1. On all undeveloped property in the city, all trees of a six (6) inch caliper or greater shall be retained on the property where they are growing. ' 2. Where it is not feasible to retain all trees on the site due to the proposed development, a site specific tree plan, drawn to scale, shall be prepared. The tree plan shall indicate the species of tree and precise location of all trees of a six (6) inch caliper or greater on the site in relation to proposed buildings, streets, parking areas, storm drainage facilities, and utilities. Trees to be retained pursuant to this section shall be marked by encircling the tree with a stripe of non-toxic paint of a color and type sufficient to remain visible during onsite construction activity. Trees to be retained shall be protected during construction, and the dripline shall be delineated with boundary markers. No ' grade changes or storage or materials shall be allowed within the tree dripline. Drainage patterns shall not be significantly altered that may be detrimental to the subject trees. 3. The tree plan and photograph of the trees on the property shall be submitted to the city planning depaFtn9en services division for its review prior to ' the issuance of a zoning or building permit. 4. The planning depaFtm"tservices division shall review the tree plan in relation to the proposed development and make a determination of which trees ' will be permitted to be removed. 5. The planning depaFtfflen services division may cause a modification of the development plan to ensure the retention of the maximum number of trees. Should the applicant elect to alter the development plan in order to preserve special trees or wooded areas in a natural state, the planninge; manager may waive specific requirements to allow for flexibl'lity and innovation of design. 6. There shall be no clear cutting of trees of a six (6) inch diameter or greater on undeveloped land for the purpose of preparing that site for future ' development. 5 C. Applicability. The requirements of this section shall be imposed in conjunction , with approval of subdivisions, short subdivisions, planned unit developments development of undeveloped land and/or when a change in the area devoted to , parking and circulation is required by the Kent City Code. However, this section does not apply to a permit for a single-family dwelling, unless restrictions on the , removal of significant trees on individual single-family lots have been imposed through prior city approval. D. Required Review. The city planning services division shall review the proposed ' removal of significant trees with each application within the applicability of this section. E. Retention of Significant Trees. ' 1. Perimeter Landscaping Area. In the required perimeter landscaping areas, as set forth in KCC 15.07, the applicant shall retain all significant trees which will not constitute a safety hazard. Areas devoted to access and sight ' distance, and areas to be cleared for required roads, utilities, sidewalks, trails, or storm drainage improvements are exempt from this requirement. 2. Site Interior. , a. In areas of the site other than the required perimeter landscape area, the applicant shall retain a minimum 15 percent of the , diameter inches of the significant trees existing in this area, provided that alder and cottonwood trees diameter inches shall be discounted by a factor of 0.5. In applying the requirement for retention of significant , trees, the planning manager shall consider a prionty the preservation of the following types of significant trees: i. Healthy significant trees over 60 feet in height; , ii. Significant trees which form a continuous canopy; iii. Significant trees which contribute to the character of the environment, and do not constitute a safety hazard; iv. Significant trees which provide winter wind protection or summer shade; , v. Groups of significant trees which create a distinctive skyline feature; vi. Significant trees in areas of steep slopes or adjacent to , watercourses or wetlands. b. The planning manager may approve retention of trees which do not meet the definition of significant trees as a contribution toward the ' sum of the diameter inches required under subsection E.2.a of this section if a group of trees and its associated undergrowth can be preserved. 3. Exemption. The provisions of this subsection which require retention , of significant trees are not applicable in any Downtown Land Use District. 4. Reduced Parking Bonus. If the proposed landscape plan incorporates the retention of significant trees above that required by this section, the planning manager may approve a reduction of up to 10 percent of the required number of parking spaces if adequate parking will remain on the subject property, and if ' 6 ' ' land area for the required number of spaces remains available for future development on the subject property. iF. Alternative Tree Retention Option. 1. An applicant may request a modification of the tree retention requirements set forth in subsection E. 2. The planning manager may administratively approve a modification of the perimeter or interior tree retention requirements if: a. The modification is consistent with the stated purpose of this section; and b. The modification proposal either: i. Incorporates the retention of significant trees equal in equivalent diameter inches or incorporates the increased retention of significant trees and naturally occurring undergrowth beyond ' what would otherwise be required, or ii. Incorporates the retention of other natural vegetation in 1 consolidated locations which promotes the natural vegetated character of the site and neighborhood including use as pasture land or for agricultural uses. ' 3. Where a modification proposal includes supplemental or replacement trees in lieu of retention, the applicant shall utilize plant materials from the city's List of Plants for the Pacific Northwest. 6G. Replacement of removed or damaged trees. Trees removed illegally from undeveloped land or trees designated for retention which are damaged or destroyed shall be replaced as follows: 1. One (1) existing tree at a six (6) inch diameter shall be replaced by two (2) new trees. 2. For each additional three (3) inches of diameter, one (1) new replacement tree shall be added, up to a maximum of six (6) trees. 3. Replacement deciduous trees shall be at least tree:ffi two (2) inches in diameter at the time of planting. An evergreen shall be at least tyQ tc;'_-'_; six ' (6) to eight (8) feet in height. ' Zoning Code — Design Review 15.09.045 Administrative design review. tC. Residential Design Review. In order to diminish the perception of bulk, and provide visual interest along residential home facades that face public areas, architectural design considerations shall be applied. Homes located within subdivisions and short subdivisions created after the effective date of these changes, or in subdivisions or short subdivisions altered to comply with the proposed standards shall be subiect to residential design review. This design review shall be applied administratively as part of the building permit review process for each new home. 7 1. Orientation of Homes. The entry fagade of each dwelling unit shall be generally oriented toward the highest classification street from which access to , the lot is allowed. 2. Attached units. A building that contains a grouping of attached units shall not exceed a 200 foot maximum length and shall be separated from other groups of attached units by a minimum 15 feet. 3. Architectural standards shall be incorporated as follows: , a. Each dwelling unit fagade that faces a public area shall incorporate a minimum of two elements of fagade modulation and roofline variation. b. The maximum horizontal fagade length without one element of either fagade modulation or roofline variation shall be twenty (20) feet. 4. Architectural detail element. Each facade oriented toward a public ' area shall provide a minimum of three architectural detail elements. S. Garages. Dwelling units within subdivisions and short subdivisions shall provide diminished garage doors according to the percentage and locations , approved with the subdivision and short subdivision. GD. Multifamily design review. . , BE. Multifamily transition areas.. i=F. Mixed use design review... FG. Appeals.. ' Subdivision Code — Type I and Type II Short Subdivisions 12.04.125 Principles of acceptability. (and) , 12.04.435 Principles of acceptability. No short subdivision shall be approved unless the following principles of acceptability are met; the short subdivision shall: 7. Provide building lots and roadway access configured to support the ' construction of homes with diminished garage doors such that seventy (70) percent of the new lots will support construction of and access to a garage in the ' rear portion of the lot accessed via a common driveway between lots; or a side access garage; or a garage accessed via a rear alley; or a garage set back no less than 10 feet from the front fagade of the home; or other design strategies which similarly diminish the prominence of the garage and are approved by the planning manager. Lots and roadways shall be configured such that at least two of these options are supported in each new development. L 8. Provide landscape buffering along all frontage streets of the short subdivision that do not provide the new lots with birh ct vehicular access. 9. Provide onsite recreation space. 8 , 12.04.235 Standards for the subdivision of land and any dedications. (and) I12.04.545 Standards for the subdivision of land and any dedications. D. Exterior street buffering: A minimum ten (10) feet wide perimeter strip of Type II landscaping and associated fencing shall be provided along the short subdivision perimeter where it is adjacent to a public or private roadway that does not provide direct vehicular access to individual lots. The landscaping strip shall include an automatic irrigation system sufficient to ensure survival of the planted materials. Fencing constructed of wood, iron, masonry or other suitable materials approved by the planning manager shall be located between the landscaping strip and the short subdivision lots and shall be constructed of consistent materials and configuration along the length of the street frontage. ' The fence and landscape strip shall be located in a separate tract and shall be depicted on the final short subdivision map. Maintenance of the landscape strip shall be the responsibility of a homeowners association or other entity approved ' by the City. Subdivision Code — Subdivisions 12.04.685 Approval criteria. A. A proposed subdivision and dedication shall not be approved unless the city finds that: 1. Appropriate provisions have been made for: 1 e. Neighborhood tot lots and recreation areas; n. Building lots and roadway access configured to support the construction of homes with diminished garage doors such that seventy ' (70) percent of the new lots will support construction of and access to a garage in the rear portion of the lot accessed via a common driveway between lots; or a side access garage, or a garage accessed via a rear alley; or a garage set back no less than 10 feet from the front fagade of the home; or other design strategies which similarly diminish the prominence of the garage and are approved by the planning manager. Lots and roadways shall be configured such that at least two of these options are supported in each new development. o. Landscape buffering along all frontage streets of the ' subdivision that do not provide the new lots with direct vehicular access. np. Other public utilities and services, as deemed necessary; and 12.04.745 Standards for the subdivision of land and any dedications. L9 D. Exterior street buffering: A minimum ten (10) feet wide perimeter strip of ' Type II landscaping and associated fencing shall be provided along the subdivision perimeter where it is adjacent to a public or private roadway that does not provide direct vehicular access to individual lots. The landscaping strip shall include an automatic irrigation system sufficient to ensure survival of the planted materials. Fencing constructed of wood, iron, masonry or other suitable materials approved by the planning manager shall be located between the landscaping strip and the subdivision lots and shall be constructed of consistent , materials and configuration along the length of the street frontage. The fence and landscape strip shall be located in a separate tract and shall be depicted on the final plat. Maintenance of the landscape strip shall be the responsibility of a , homeowners association or other entity approved by the City. Subdivision Code — Parks and open space requirements. , 12.04.264.1 Parks and open space requirements. — add new section , 12.04.580 Parks and open space requirements. — replace existing section , 12.04.780 Parks and open space requirements. — replace existing section A. Approval of all subdivisions and short subdivisions located in either single- , family residential or multifamily residential zones as defined in KCC Title 15, Zoning, shall be contingent upon the subdivider's provision and development of , on-site recreation space or paying approved fees in lieu of these provisions to the City, as necessary to mitigate the adverse effects of development upon the existing park and recreation service levels. This requirement shall not apply to , lots of forty-three thousand five hundred (43,500) square feet or larger in size or planned unit developments. B. Residential subdivisions and short subdivisions shall provide recreation space for leisure, play and sport activities as follows: 450 square feet per dwelling unit. C. Recreation space shall be placed in a designated recreation space tract or tracts. The tract(s) shall be dedicated to a homeowners association or other workable organization acceptable to the planning manager to provide continued maintenance of the recreation space tract. D. Recreation space located outdoors and not part of a storm water tract developed in accordance with subsection E. of this section shall: 10 1. Be of a grade and surface suitable for recreation improvements and have a maximum grade of five percent or as otherwise approved by the planning manager and parks and community services director; 2. Be on the site of the proposed development unless otherwise approved by the planning manager and parks and community services director; 3. Be located in an area where the topography, soils, hydrology and other physical characteristics are of such quality as to create a flat, dry, obstacle- free space in a configuration which allows for passive and active recreation; 4. Be centrally located or accessible and convenient to the majority of residents within the development 5. Have good visibility from roads and sidewalks; 6. Have no dimensions less than thirty feet, except trail segments or as otherwise approved by the planning manager and parks and community services director; 7. Be located in one designated area, unless the planning manager and parks and community services director determine that residents of large subdivisions, townhouses and apartment developments would be better served by multiple areas developed with recreation or play facilities; 8. If located adjacent to an existing or planned municipal, county or regional park, public open space or trail system, the on-site recreation space shall be accessible to the public facility via trail or walkway. E. Recreation space shall be improved with both active and passive areas designed for leisure play and sport activities. Play equipment or age appropriate 1 facilities as approved by the city parks and community services director shall be provided within dedicated recreation space areas. Active recreation improvements shall be included as follows: 1. For developments of twenty-five or less dwelling units, at least one of the following recreation facilities shall be provided in addition to the tot lot or children's play area: a. playground equipment; ' b. sport court; c. sport field; d. tennis court; or e. any other recreation facility proposed by the applicant and approved by the parks and community services director; 2. For developments of twenty-six to fifty dwelling units, at least two or more of the recreation facilities listed in subsection F.1. of this section shall be provided; and 3. For developments of more than fifty dwelling units, at least one 1 additional recreation facility listed in subsection F.I. of this section shall be provided for every twenty-five dwelling units. 11 F. In subdivisions, recreation areas that are contained within the on-site storm water tracts, but are located outside of the one hundred year design water surface, may be credited for up to fifty percent of the required square footage of ' the on-site recreation space requirement on a foot-per-foot basis, subject to the following criteria: 1. The storm water tract and any on-site recreation tract shall be contiguously located. At final plat recording, contiguous storm water and , recreation tracts shall be recorded as one tract and dedicated to the homeowners association or other organization as approved by the planning manager; I 2. Unless otherwise approved by the public works department, the drainage facility shall be constructed to meet the following conditions: a. The side slope of the drainage facility shall not exceed thirty- three percent unless slopes are existing, natural and covered with vegetation; b. A bypass system or an emergency overflow pathway shall be designed to handle flow exceeding the facility design and located so that it does not pass through active recreation areas or present a safety hazard; , C. The drainage facility shall be landscaped and developed for passive recreation opportunities such as trails, picnic areas and aesthetic viewing; and , d. The drainage facility shall be designed not to require fencing under the city's adopted surface water design manual. G. When the tract is a joint use tract for a drainage facility and recreation ' space, the city is responsible for maintenance of the drainage facility only. H. A recreation space plan shall be submitted to the public works department , and reviewed and approved with engineering plans. , 1. The recreation space plans shall address all portions of the site that will be used to meet recreation space requirements of this section, including the drainage facility. The plans shall show dimensions, finished grade, equipment, , landscaping and improvements, as required by the planning manager and parks and community services director, to demonstrate that the requirements of the on-site recreation space or this chapter have been met. ' 2. If engineering plans indicate that the on-site drainage facility or storm water tract must be increased in size from that shown in preliminary approvals, the recreation plans shall show how the required minimum recreation , space under this section will be met. 12.04.264.2 Recreation space - fees in lieu of. 12.04.582 Recreation space - fees in lieu of. 12.04.782 Recreation space - fees in lieu of. ' 12 A. Except in the case of Short Subdivisions, the creation of on-site recreation space shall be the preferred method of providing new development with ' opportunities for leisure, play and sports activities. For Short Subdivisions, payment of the fee-in-lieu of dedication shall be preferred. In Subdivisions, applicants shall to the best of their ability endeavor to provide recreation space on the project site. However, if on-site recreation space is not provided in accordance with this chapter, the applicant shall pay a fee-in-lieu of actual recreation space if approved by the city. Acceptance of a fee-in-lieu payment is discretionary. A fee-in-lieu of on-site recreation space may be permitted if the recreation space is provided within a city park in the vicinity and will be of greater benefit to the prospective residents of the development. B. Unless a subdivider dedicates land and constructs improvements in 1 accordance with this section in order to mitigate the direct impacts identified as a consequence of the proposed development, the city's final approval of the subdivision shall be contingent upon payment of a park development fee from ' the subdivider to the city. The fee in lieu of land dedication for parks and open space shall be determined by multiplying the following two (2) factors: 1. One hundred fifty (150) percent of the average assessed value per unit area of land within the boundaries of the subdivision; and 2. The gross land area within the subdivision multiplied by five (5) percent as set forth in subsection (C) of this section. The average assessed value shall be that for the year in which the subdivision is granted preliminary plat approval. Computations shall be based upon King County assessor information. 1 The fee in lieu of dedication shall be held in a reserve account at the city, and may only be expended to fund a capital improvement that has been agreed upon by the parties to mitigate the identified, direct impact of the development. The payment shall be expended in all cases within five (5) years of collection. 1 3. Any payment of fees made pursuant to this section that have not been expended within five (5) years of collection shall be refunded with interest at the rate applied to judgments to the property owners of record at the time of the I refund. If the payment is not expended within five (5) years due to delay attributable to the developer, the payment shall be refunded without interest. 4. Appeals of dedication requirements or fees in lieu of dedication imposed pursuant to this section shall be governed by the provisions of Ch. 2.32 KCC. 12.04.264.3 On-site recreation - Maintenance of recreation space or dedication. 12.04.583 On-site recreation - Maintenance of recreation space or dedication. 12.04.783 On-site recreation - Maintenance of recreation space or dedication. 1 13 A. Recreation space that meets the criteria of this chapter may, at the discretion of the parks and community services director, be dedicated as a public park In lieu of providing the on-site recreation required under KCC 12.04.780 if the following criteria are met: 1. The dedicated area is at least ten acres in size, unless when adjacent to , an existing or planned county or city park; 2. The dedicated land provides one or more of the following: a. shoreline access; , b. regional trail linkages; c. habitat linkages; d. recreation facilities; or e. heritage sites; and 3. The dedicated area is located within one mile of the project site. B. Unless the recreation space Is dedicated to the city in accordance with subsection A of this section, maintenance and Irrigation of any recreation space retained In private ownership shall be the responsibility of the owner or other separate entity capable of long-term maintenance and operation in a manner acceptable to the parks and community services director. 5\Perm it\Plan\ZON ECODEAM EN D\2006\ZCA-2006-3_ResDevStds\ResDevStdsPEDCrecom mend doc 1 j 14 O _° 1O � 6 3 a ~ 3 M c > a L 41 IM CL Ln C 3 fll C w f0 N i 0 fop +L+ O t M 3 f0 C ° V r 30 3 •\t7 ° +� �+ � � .0 - � v C o v 0L. fv C ° C C ° W d '++ ` ' p L `t' C R w CCL w i ` ' o ?: 3 to o 0 O 0 0 CD ._ m 0 fD O a+ 0 LA 012 0 00 J0inIn r1rficia Ww w ,-, 3V1r1N -WOC >- LOn cm 1.4 o > •° c 3 j N OL M 3 �' a U 7 w O C eo a L 0 .0 A •° 1-4 49 1 O O fp LL �►•C 'V Vl rl CI C F i al M n G/ L ++ 'i Gl Cl C. ! I N 3 = O aa) c 4j � 3 8 {' °'s. ,� cm 1- s 'a w C w E m L C o C C ri +s+ O Gil R R C O +L+ O Y1 G O pal Ie O O Ln 0 rl M 'O 10 w w r1 3 Vl ,-I N w u }I N ° 1p O V 1.4 ' � CL C 'a C CL C CLn fli m E i+ 0 d 3 O C E 3 G E .0 a0 N � i 1C wO fNp 3 x O ° { C1 C •� Gl m O i �w O Ln C rl 3 ° _C u 5.cm O 'C 3 C L 1 0 Ln fop rOI M 3 N rl � U1 rI N v-,) Ln N toil ! E c Ln a 0 a R w �y 3 41 w0 m _U y CM 3 a •- 3 f0 y y1 m -0 0 .3 3 0 C ++ y 0 UC to c07 w o E 0 c C C N y m C N C m O i+ i 1p J C 3 41 d al al ++ N w C m = fp O H � .C .N U . -0 k L C V1wY = 4- C7 Ll > fp U +c O f6 U to U A 3 O O O U CC w E 0. w Ci L L ! d HLn � GOW N N M C OC t PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES JANUARY 8, 2007 Committee Members: Chair Ron Harmon, Tim Clark, Elizabeth Albertson Chair Harmon called the meeting to order at 5.15 p.m. Approval of Minutes: Albertson MOVED and Clark SECONDED a MOTION to APPROVE the minutes of November 20, 2006. Motion PASSED 3-0. #ZCA-2006-3 Residential Development Standards 1 Community Development Director Fred Satterstrom described how staff engaged the public and development community to garner their input on this project. He stated that these residential development standards will form the basis for improving single family development in Kent. Planner Matt Gilbert stated that he began to work on the Residential Development Standards in April 2006 The project was initiated by City Council's desire that neighborhood development include mixed housing types, better aesthetics, neighborhood identity, and connectivity with a less isolated feeling of auto-dominated neighborhoods comprised of boxy or plain housing developments. Gilbert stated that staff held a series of public workshops, discovering that the concerns voiced by the City Council and the public correlated. He stated that staff spoke with the development community who assisted them in identifying the need to incorporate workability, simplicity flexibility. Gilbert stated that the Land Use and Planning Board recommended approval of Option #2, (Flexibility with Safeguards) adding amendments with the intent to address the public's and Council's concerns. He summarized Option #2 which includes a built-in design review process. Gilbert stated that staff is recommending that specific architectural standards code language be codified; to include language that focuses on the facades of buildings facing public areas without being overly prescriptive. Gilbert stated that staff has tried to increase the level of aesthetic treatment in those areas where houses face streets, sidewalks, parks or other public areas. Gilbert stated that roofline variation and facade modulation regulations require a change to the roofline or fapade every 20 feet, which will lead to more detail and better designed buildings. Gilbert stated that staff recommended that elements such as Fn/Sfl type uarlations, shutters, and trim-wrapped window elements be applied to those facades as well; to help define them and present a more aesthetically pleasing look to the houses. Gilbert stated that the Land Use and Planning Board recommended that new residential developments require 60 percent diminished garages. He spoke about tree preservation standards and buffering along arterial roads around subdivisions. ' Gilbert stated that in speaking to developers, every square foot of ground is important to the economics of development. He stated that the City currently requires land to be set aside for purposes other then building homes, such as storm ponds, roads, wetlands, streams and buffers, comprising around 30% of the site (excluding wetlands). He stated that any additional land intensive requirements imposed on development would take away more buildable land. PEDC Minutes 010807 Page 1 of 3 Gilbert stated that staff proposes 450 square feet per housing unit be dedicated to a centralized open space for developments of ten lots or more, balancing the open space requirement with , flexibility. Gilbert stated that staff proposes to decrease the minimum lot width standard and allow for more flexibility in lot configuration. He stated that this proposal is not suggesting density revisions in any of the zoning districts. Gilbert presented scenarios illustrating how flexibility leads to variety in housing with the potential for developing cottage housing, multifamily, duplexes, clustered housing, townhomes and condominiums. Chair Harmon opened the floor for those wishing to speak to this issue. GARRETT HUFFMAN, MASTER BUILDERS ASSOCIATION, 335 116T" AVENUE SE, BELLEVUE, WA stated that their Association favors Option #2 for its flexible and moderate stance. He stated that the Association would prefer a 50 percent diminished garage standard. HANS KORVE, DMP ENGINEERING, 726 AUBURN WAY N, AUBURN, WA demonstrated how a development could be constructed based on property unencumbered with either trees or wetlands with the proposed development standards. He stated that he endorses Option 2 as the least restrictive choice and asked that staff not change the setback standards so that builders can retain the 5- foot side yard widths. TOM SHARP, 24254 143RD AVENUE SE, KENT, WA illustrated a proposed PUD project where 22 homes would be constructed on a 5 acre parcel with a zoning of 4.5 under current development standards. He stated that 90% of the homes in this proposed development have diminished garages on lots ranging from 4200 to 11,800 square feet. He stated that this was accomplished by creating shared driveways, detached, rear-loaded, or setback garages. He stated that if the proposed ordinance were in affect, 25 homes could be constructed on this property. PAUL MORFORD, POST OFFICE Box 6345, KENT, wA 98064 voiced concerns over the costs that would be passed on to the consumer. He stated that not everyone can afford to purchase big houses. He encouraged the city to consider developing a demonstration project. He stated that the majority consensus supports Option 2 as the best. He stated that he would prefer to see diminished garages reduced to 50 percent. Elizabeth Albertson MOVED and Tim Clark SECONDED a Motion to close the Public Hearing. Motion PASSED 3-0. After the Committee and staff deliberated, Tim Clark MOVED and Elizabeth Albertson SECONDED a Motion to recommend approval of the proposed changes to the Kent Subdivision Code and Kent Zoning Code described in Option #2 as amended by the LUPB and to send this on to the Full Council for consent. Motion PASSED 3-0. Ron Harmon MOVED and Elizabeth Albertson SECONDED a Motion amending the original Motion in terms of side-yard and rear-yard minimum size as stated in Option #3. Motion PASSED 3-0. Tim Clark MOVED and Elizabeth Albertson SECONDED a Motion amending the original Motion under Mixed Housing types, to include the 25 percent duplex structures from Option 1. Motion t PASSED 3-0. Elizabeth Albertson MOVED and Ron Harmon SECONDED a Motion amending the original motion to adopt Option 2 by changing diminished garages from 60 to 70 percent. Motion PASSED 2-1 with Member Clark OPPOSED. PEDC-Minutes January 8, 2007 Page 2 of 3 Tim Clark MOVED and Elizabeth Albertson SECONDED a Motion to accept the main motion as amended and send this on to consent calendar Motion PASSED 3-0. Ron Harmon MOVED and Elizabeth Albertson SECONDED a Motion with a friendly amendment to ADD language "and city" where there is reference to County Parks. Motion PASSED 3-0. Ron Harmon MOVED and Elizabeth Albertson SECONDED a Motion to accept and forward all amendments and the main motion as stated for the record on to consent calendar. Motion PASSED 3-0. Community Development Director Fred Satterstrom stated that this issue will go to the City Council Workshop on Tuesday January 16`n #CPA-2006-5 RECONCILING SINGLE FAMILY ZONING & LD USE DESIGNATIONS Planner Gloria Gould-Wessen described this project as one of several annual Comprehensive ■ Plan Amendments, to be heard before City Council by March 31". This project follows the Urban Density Study completed about one year ago, giving staff some latitude by providing us a Inew designation of SF-4.5. Ms. Gould-Wessen stated that this project consists of two docket items; Dkt-2006-3: submitted by Lake Meridian Community Association to lower land use and zoning density around Lake Meridian to 3 du/acre, based on their concerns with water quality and the amount of water flowing into the lake in terms of flooding; and Dkt-2006-4 submitted by Planning Services in recognition of Council's concerns with the number of rezone requests. Ms. Gould-Wessen stated that staff is exploring a range of land use and zoning options. Staff will analyze existing environmental conditions in relationship to environmental regulations, at the same time looking at infrastructure in relationship to relevant regulations Staff will conduct public outreach forums to engage property owners. Ms. Gould-Wessen stated that 4700 brochures were mailed out to the community inviting them to three open house meetings, tailoring them such that property owners were given their specific zoning and land use. Ms. Gould-Wessen stated that that there are approximately 4500 parcels affected by this t reconciliation land use study; including parcels with mapping errors, split zoning, and parcels that are zoned lower than their land use designation. Adiournment Chair Harmon adjourned the meeting at 6:25 p.m. Pamela Mottram Admin Secretary, Planning Services 5 IP~IP/anlPba n9fanmrt [2X71Mmutes1010807PEPCmm doc PEDC-Minutes January 8, 2007 Page 3 of 3 ]anuary 8, 2007 PEDC COMMUNITY DEVELOPMENT r Meeting Packet Fred N. Satterstrom, AICP, Director 1 KEN T PLANNING SERVICES Charlene Anderson, AICP, Manager WASHINGTON Phone: 253-856-5454 Fax: 253-856-6454 Address, 220 Fourth Avenue S. Kent, WA 98032-5895 December 28, 2006 To: Chair Ron Harmon and Planning & Economic Development Committee Members From: Matt Gilbert, AICP, Planner Subject: Residential Design Standards Update MOTION: I move to recommend/not recommend the proposed changes to the Kent Subdivision code and Kent Zoning code described in Option #2 as amended and recommended by the Land Use and Planning Board. SUMMARY: Following its December 11`h, 2006 public hearing, the Land Use and Planning Board recommended changes to Kent's Subdivision code and Zoning code — specifically an amended Option 2 as presented by staff. Through a series of prior workshops and public hearings, staff presented three packages of options for addressing concerns expressed by the City Council and public regarding residential development. At the hearings, testimony was received from citizens, design professionals, builders and developers. BUDGET IMPACTS: None 1 BACKGROUND: Since April 2006, staff has worked extensively with a number of stakeholders to address issues related to residential development as identified by the City Council. Because regulations which control residential development are located in a number of codes that are administered by several departments, the effort to craft appropriate code changes is necessarily segmented. The current recommendations relate to the City's Subdivision code and Zoning code and represent a substantial first step in the larger effort. Changes to a number of Public Works standards are likely to be presented in the first half of 2007. Through the workshops and public hearings held by the Land Use and Planning Board, staff presented three option packages for consideration, and recommended approval of Option #2, Flexibility with Safeguards. This package of changes represents an effort to require valuable amenity features and aesthetic considerations in new neighborhoods, balanced with flexibility in standards for lot area and configuration. The only substantial difference between the LUPB recommendation and staffs original recommendation lies in the degree to which home builders would be required to provide diminished garages within new neighborhoods -- staff had recommended 70% of new homes provide this visual amenity, while the LUPB found 60% to be appropriate. MG/pm 5/Permit/P/an/ZONECODEAMEN0/1006/ZC4 1006-3 ResDevStd5/ZC410063 1 8 07PEDCmemo doc ' Eric Matrix, Proposed Code amendments, LUPB minutes 12/11/06&11/13/06, 11/20/06 staff memo, 11/13/06 LUPB packet cc Charlene Anderson,AICP, Planning Manager Fred N Satterstrom,AICP, CD Director Parties of Interest Project File �o , > �; ° 3M ? a y L L {n p R 00 J � ON y = Cl cmi O *' L > R L f0 rr a ya5L � , o _ =� � � Cl� t v = 3oE (DE = I- s � w cfk It -O � C w E a = O w Cr- 0 c C vl o O IL 000 � df0r0000 \ ,., olnoo a� oo J O cn In w , l M m 'a ow v. vl r4 3 cn ri N Ln ^ ^ c o R _y O ' N 3 M V > CL C O i m a a = L J O R y fr 41 w 0 A to {Lco �•'a 'U iA = O1 C a M n \ In Cl L yr . O i Gl N a ul 0 3 I N 3 to C a) C C! L y t 3 3 3 'p CA 3 •� N R • C c F. L V s Ln o R o 0 33a o a., o IW ._ MLyo � olnooa� LO O O In o "f M V V W a- Yl "i Uf ,-I N .6.+ M- O U H O R 7 C1 Oa y y V Ln �'EE C d m £CM w can x .5 E 1 01 > m ul ~ C7 Ol = O Z O tp a + In COIn A qM,§ cu •i 3uf � N vid' � IOAN toil E E m CL d c „ Lna o De`c 3 m 0 O C d 'Q 01 3 y y U L = fa iG v C. = H C p 'y d p w y 3 y H �+ O O '0 F a+ rV0 Oc 3 EOM O I N 'y :I:r m C1 A w = O 1p a+ 1C 'U R a+ V- .0 m M p ++ � � H U .d = K Ms Aw. �G �3r4- G7 V L G! c 3 f0 ; (u% M m C O R V Vf U oC LE a� moo v � roEaai ° i �; � = � � 3 a aax = 'L � ymE -am m .0 °�' d m e £ o f �, p1o � o m 3 `mw fA N c c o C H U) f G C W N N M Q O Residential Development Standards - Proposed Amendments January 8, 2007 (Bolded double strikeouts and underlines indicate changes by LUPB) Zoning Code — Definitions — All Options 15.02.026 Architectural detail element. Arch/tectural detail element means contrasting trim at least five and one-half (5- 1/2) inches wide around the doors and windows of a facade; window shutters; minimum fifty (50) sguare feet and 5 feet deep covered area around a point of entry; minimum three (3) feet deep eaves; minimum of two (2) distinct finish materials used on a facade, not including trim material; balconies; or other methods approved by the planning manager which diminish the perception of bulk and provide visual interest along home facades facing public areas. 1 15.02.096 Density, maximum permitted. Max1mum permitted density refers to the maximum number of single-fail dwelling units permitted per acre.FeF f;aetie„s of an affe, peFffl tted dens ty shall be pr-epettienal te the size ef the let. FeF exafflple, where the ffiaxiffluFn peitn9itted density is six (6) single fangily dwelling units peF aeFe, the maximum peFmitted density eFi ene half (!/�) aere is thizee (3) single family dwelling an4s, subject to lot size and other development standards of Ch. 15.04 KCC. When determining_the allowed number of units for a subdivision or short subdivision, all site area may included in the calculation. If calculations result in a fraction, the fraction shall be rounded to the nearest whole number as follows: fractions above 0.50 shall be rounded up, fractions of 0.50 and below shall be rounded down. 15.02.106 Diminished garage door. Diminished garage door means a garage in the rear portion of the lot accessed via a common driveway between lots; or a side access garage where the front facade facing a public area is finished with a window or other architectural feature; or a garage accessed via a rear alley; or a garage set back no less than 10 feet from the front facade of the home; or other design strategies which similarly diminish the prominence of the aaraae and are approved by e planning manager. t15.02.134 Facade modulation. Facade modulation means a horizontal stepping back or projecting forward of portions of a building facade. The minimum modulation depth shall be 3 feet, and the minimum modulation width shall be 8 feet. 1 15.02.335.1 Public area. Public area means public or private roadways, pedestrian paths, parks, open spaces or other common spaces. 15.02.340.1 Roofline variation. Roofline variation means a vertical offset in ridge line; horizontal offset in ridge line; variations of roof pitch; gables; or any other similar technique approved by the planning manager. The minimum horizontal or vertical offset shall be 3 feet, and the minimum variation length shall be 8 feet. 15.02.499.1 Special life safety measures. S,oeciallife safetymeasures means upper story rescue windows accessible from the front and rear of a home; or a Fire Department-approved automatic fire suppression system. i t I i 1 1 I i r t Zoning Code — Land Uses — Differentiation among options is indicated. 15.04.020 Residential land uses. ZONING DISTRICTS U KEY i U U a+ Ln U) P = PRINCIPALLY Y y L) ❑ i in 0 N _ 0 1 PERMITTED USES 0) _ ❑ — U cv ❑ y S = SPECIAL USES N Ln y �A L)U W 7 U L) ❑yam_. Cam.] U 0 ,0 N C= CONDITIONAL i L N a) a) -0 USES -rl En A= ACCESSORY ❑ m m 76 ra _0 ro rU a _- i Ln p 9 yJ Y Y= Y Y Y *� — f USES N '� a1) a1) al) ate) aC a1) ate) � o U fA 7 VN In VI 6-1 _ Vl VI Z, cu CD on fp fp rD r9 rD rL rU ra ❑ c O _� t= LL LL w LL LL X i u cu i ❑ _ 1 7 + a m m o in 6' al a a� a 2 2 m l cp C co L Q ,� ry [n d- co 0 LY Y o � a rl Y n n 2 a a u� u� n u7 (.0 (if) 2 2 ' i 2 ONE SINGLE-FAMILY P P p P P P P P P P P P P DWELLING PER LOT ONE DUPLEX PER LOT P P P P (27) 27 (27) ONE MODULAR HOME P P P P P P p p P P P P p PER LOT DUPLEXES P p p p P p P P P 27 27 (27.) 1(22) MULTIFAMILY P* P. P* P(19) P(19) P P P TOWNHOUSE UNITS (27)* (27)* (27)- (20) (20) MULTIFAMILY P (26) P(26) P P P DWELLINGS 1 MULTIFAMILY `DWELLINGS FOR SENIOR CITIZENS t T rr ew ....��1-_m ®.m^W:ry Ertllt t4rttd.' t.r}!t imuRa ut£S..rt al^ Bttfi lRt" '<ftSa ......... Sn..... ....... ....... tWRJ *Options 2 and 3 only 1 15.04.030 Residential land use development conditions. 27. Within subdivisions, as defined by KCC 12.04.025 and created after ORDINANCE DATE or altered to comply with zoning and subdivision code amendments effective on or after ORDINANCE DATE, 25% of the total number of permitted dwelling units may be .. ... (duplex structures. — Option 1) ... (duplex, triplex or fourplex townhouse structures. — Option 2) (duplex or triplex townhouse structures. — Option 3). 15.04.170 Agricultural and residential zone development standards. Change the matrix as follows in SR-4.5, SR-6 and SR-8 zoning districts: Minimum lot area: Add note 37 Side Yard: Option 1 — Keep 5 feet and add (38) Options 2 and 3 - Delete 5 feet. Add 8 feet and (38) Rear Yard: 10 feet Additional Standards: Add Note 39 15.04.180 Agricultural and residential land use development standard conditions. O0otion 1: 37. Within subdivisions as defined by KCC 12.04.025 and created after ORDINANCE DATE or altered to comply with zoning and subdivision code amendments effective on or after ORDINANCE DATE, the minimum lot size shall be 3,000 square feet. Lot width requirements of the underlying zoning_district shall apply and shall exclude any easement area. 38. Fire department approval is required for 5-foot side yards. The sum total of both side yards shall be a minimum 16 feet. 39. The residential design review standards of KCC 15.09.045U shall apply within subdivisions and short subdivisions created after ORDINANCE DATE. Option 2: 37. For subdivisions and short subdivisions created after ORDINANCE DATE or altered to comply with zoning and subdivision code amendments effective on or after ORDINANCE DATE, the minimum lot size shall be 3,000 square feet. Minimum lot width shall be measured by scaling a 30-foot diameter circle within the boundaries of the lot, provided that easement areas may not be included in the required 30-foot diameter circle. The lot frontage along private or public streets shall be a minimum 20 feet in width. Minimum driveway separation shall be 10 feet. Shared driveways are permitted. 38. Side yard may be reduced to 5 feet with special life safety measures. 39. The residential design review standards of KCC 15.09.045(C) shall apply to subdivisions and short subdivisions created after ORDINANCE DATE or altered to comply with zoning and subdivision code amendments effective on or after ORDINANCE DATE. Option 3: 37. For subdivisions and short subdivisions created after ORDINANCE DATE or altered to comply with zoning and subdivision code amendments effective on or after ORDINANCE DATE, the average lot size shall be 3,000 square feet. Minimum lot width shall be measured by scaling a 30-foot diameter circle within the boundaries of the lot, provided that easement areas may not be included in the required 30-foot diameter circle. The lot frontage along private or public streets shall be a minimum 20 feet in width. Minimum driveway separation shall be 10 feet. Shared driveways are I permitted. 38. Fifty 50) percent of the lots within subdivision and short subdivisions created after ORDINANCE DATE or altered to comply with zoning and subdivision code amendments effective on or after ORDINANCE DATE may have minimum 5 feet side yards when special life safety measures are provided. The sum total of both side yards for the remaining fifty (50) percent of the lots shall be a minimum 16 feet. 39. The residential design review standards of KCC 15.09.045(C) shall apply T to subdivisions and short subdivisions created after ORDINANCE DATE or altered to comply with zoning and subdivision code amendments effective on or after ORDINANCE DATE. Zoning Code — Landscaping — All Options 15.07.040 General landscape requirements for all zones. W. The perimeter of all storm water detention ponds shall be landscaped to a minimum depth of 10 feet of Type II landscaping. If perimeter fencing is required based on Public Works standards, it shall be constructed of vinyl coated chain link or solid screen fencing. The fencing shall be located between the pond and the landscape area. jZoning_Code — Tree Preservation — All Options 15.08.240 Preservation of trees. A. Purpose. Retention of significant trees as required by this section is necessary to maintain and protect property values, to enhance the visual appearance of the city, to preserve the natural wooded character of the area, to promote utilization of natural systems, to reduce the impacts of development on the storm drainage system, and to provide a transition between various land uses in the city. B. Regulations Application of regulations for the preservation of significant trees is as follows: 1. On all undeveloped property in the city, all trees of a six (6) inch caliper or greater shall be retained on the property where they are growing. 2. Where it is not feasible to retain all trees on the site due to the proposed development, a site specific tree plan, drawn to scale, shall be prepared. The tree plan shall indicate the species of tree and precise location of all trees of a six (6) inch caliper or greater on the site in relation to proposed buildings, streets, parking areas, storm drainage facilities, and utilities. Trees to be retained pursuant to this section shall be marked by encircling the tree with a stripe of non-toxic paint of a color and type sufficient to remain visible during onsite construction activity. Trees to be retained shall be protected during construction, and the dripline shall be delineated with boundary markers. No grade changes or storage or materials shall be allowed within the tree dripline. Drainage patterns shall not be significantly altered that may be detrimental to the subject trees. 3. The tree plan and photograph of the trees on the property shall be submitted to the city planning depaftmeetservices division for its review prior to the issuance of a zoning or building permit. 4. The planning depaftmerttservices division shall review the tree plan in relation to the proposed development and make a determination of which trees will be permitted to be removed. 5. The planning depai4ffie+4services division may cause a modification of the development plan to ensure the retention of the maximum number of trees. Should the applicant elect to alter the development plan in order to preserve special trees or wooded areas in a natural state, the planning diFecter manager may waive specific requirements to allow for flexibility and innovation of design. 6. There shall be no clear cutting of trees of a six (6) inch diameter or greater on undeveloped land for the purpose of preparing that site for future development. C. Applicability. The requirements of this section shall be imposed in conjunction with approval of subdivisions, short subdivisions, planned unit developments, development of undeveloped land, and/or when a change in the area devoted to parking and circulation is required by the Kent City Code. However, this section does not apply to a permit for a single-family dwelling, unless restrictions on the removal of significant trees on individual single-family lots have been imposed through prior city approval. D. Required Review. The city planning services division shall review the proposed removal of significant trees with each application within the applicability of this section. E. Retention of Significant Trees. 1. Perimeter Landscaping Area. In the required perimeter landscaping areas, as set forth in KCC 15.07, the applicant shall retain all significant trees which will not constitute a safety hazard. Areas devoted to access and sight r distance and areas to be cleared for required roads, utilities, sidewalks, trails, or storm drainage improvements are exempt from this requirement. 2. Site Interior. a. In areas of the site other than the required perimeter landscape area the applicant shall retain a minimum 15 percent of the diameter inches of the significant trees existing in this area, provided that alder and cottonwood trees diameter inches shall be discounted by a factor of 0.5. In applying the requirement for retention of significant trees, the planning manager shall consider a priority the preservation of the following types of significant trees: i. Healthy significant trees over 60 feet in height; ii. Significant trees which form a continuous canopy; iii. Significant trees which contribute to the character of the environment, and do not constitute a safety hazard; iv. Significant trees which provide winter wind protection or summer shade; v. Groups of significant trees which create a distinctive skyline feature vi. Significant trees in areas of steep slopes or adjacent to watercourses or wetlands. b. The planning manager may approve retention of trees which do not meet the definition of significant trees as a contribution toward the sum of the diameter inches required under subsection E.2.a of this section if a group of trees and its associated undergrowth can be preserved. 3. Exemption. The provisions of this subsection which require retention of significant trees are not applicable in any Downtown Land Use District. 4. Reduced Parking Bonus. If the proposed landscape plan incorporates the retention of significant trees above that required by this section, the planning manager may approve a reduction of up to 10 percent of the required number of parking spaces if adequate parking will remain on the subject property, and if land area for the required number of spaces remains available for future development on the subject property. F. Alternative Tree Retention Option. 1. An applicant may request a modification of the tree retention requirements set forth in subsection E. 2. The planning manager may administratively approve a modification of the perimeter or interior tree retention requirements if: a. The modification is consistent with the stated purpose of this section; and b. The modification proposal either: i. Incorporates the retention of significant trees equal in equivalent diameter inches or incorporates the increased retention of significant trees and naturally occurring undergrowth beyond what would otherwise be required, or ii. Incorporates the retention of other natural vegetation in consolidated locations which promotes the natural vegetated character of the site and neighborhood including use as pasture land or for agricultural uses. 3. Where a modification proposal includes supplemental or replacement trees in lieu of retention, the applicant shall utilize plant materials from the city's List of Plants for the Pacific Northwest. GG. Replacement of removed or damaged trees. Trees removed illegally from undeveloped land or trees designated for retention which are damaged or destroyed shall be replaced as follows: 1. One (1) existing tree at a six (6) inch diameter shall be replaced by two (2) new trees. 2. For each additional three (3) inches of diameter, one (1) new replacement tree shall be added, up to a maximum of six (6) trees. 3. Replacement deciduous trees shall be at least inches in diameter at the time of planting. An evergreen shall be at least ova fW to eight (8) feet in height. Zoning Code — Design Review j 15.09.045 Administrative design review. C. ResidentiaiDesIgn Review. In order to diminish the perception of bulk, and provide visual interest along residential home facades that face public areas, architectural design considerations shall be applied. Homes located within subdivisions and short subdivisions created after the effective date of these changes, or in subdivisions or short subdivisions altered to comply with the proposed standards shall be subject to residential design review. This design review shall be applied administratively as part of the building permit review process for each new home. 1. Orientation of Homes. The entry fagade of each dwelling unit shall be generally oriented toward the highest classification street from which access to the lot is allowed. 2. Attached units. A building that contains a grouping of attached units shall not exceed a 200 foot maximum length and shall be separated from other groups of attached units by a minimum 15 feet. 3. Architectural standards shall be incorporated as follows: a. Each dwelling unit facade that faces a public area shall incorporate a minimum of two elements of fagade modulation and roofline variation. b. The maximum horizontal fagade length without one element of either fagade modulation or roofline variation shall be twenty (20) feet. ■ 4. Architectural detail element. Each facade oriented toward a public area shall provide a minimum of three architectural detail elements. 5. Garages. Dwelling units within subdivisions and short subdivisions shall provide diminished garage doors according to the percentage and locations approved with the subdivision and short subdivision. GD. Multifamily design review. . BE. Multifamily transition areas. EF. Mixed use design rewew... FG. Appeals. Subdivision Code — Type I and Type II Short Subdivisions 12.04.125 Principles of acceptability. (and) 12.04.435 Principles of acceptability. No short subdivision shall be approved unless the following principles of acceptability are met; the short subdivision shall: 7. Provide building lots and roadway access configured to support the construction of homes with diminished garage doors such that .. .(fifty (50) percent — Options 1 and 3) .( # sixty (60) percent — Option 2) of the new lots will support construction of and access to a garage in the rear portion of the lot accessed via a common driveway between lots; or a side access garage; or a garage accessed via a rear alley; or a garage set back no less than 10 feet from the front facade of the home; or other desig ich similarly diminish the prominence of the garage an are approved by the planning manager. Lots and roadways shall be configured such that at least two of these options are supported in each new development. 8. Provide landscape buffering along—all frontage streets of the short subdivision that do not provide the new lots with direct vehicular access. 9. Provide onsite recreation space. 12.04.235 Standards for the subdivision of land and any dedications. (and) 12.04.545 Standards for the subdivision of land and any dedications. D. Exterior street buffering: A minimum ten (10) feet wide perimeter strip of Type II landscaping and associated fencing shall b6 provided along the short subdivision perimeter where it is adjacent to a public or private roadway that does not provide direct vehicular access to individual lots. The landscaping strip shall include an automatic irrigation system sufficient to ensure survival of the planted materials. #fencing constructed of wood, iron, masonry or other suitable materials approved by the planning manager shall be located between the landscaping strip and the short subdivision lots and shall be constructed of consistent materials and configuration along the length of the street frontage. The fence and landscape strip shall be located in a separate tract and shall be depicted on the final short subdivision map. Maintenance of the landscape strip shall be the responsibility of a homeowners association or other entity approved by the City. Subdivision Code — Subdivisions 12.04.685 Approval criteria. A. A proposed subdivision and dedication shall not be approved unless the city finds that: 1. Appropriate provisions have been made for: e. Neighborhood tot lots and playrecreation areas; n. Building lots and roadway access configured to support the construction of homes with diminished garage doors such that. ...fifty (50)percent — Options 1 and 3 ixty (60) percent — Option 2 of the new lots will support construction of and access to a garage in the rear portion of the lot accessed via a common driveway between lots; or a side access garage; or a garage accessed via a rear alley; or a garage set back no less than 10 feet from the front facade of the home; design strategies which similarly diminish the prominence of the garage and are approved by the planning manager. Lots and roadways shall be configured such that at least two of these options are supported in each new development. o. Landscape buffering along all frontage streets of the subdivision that do not provide the new lots with direct vehicular access. ep. Other public utilities and services, as deemed necessary; and 12.04.745 Standards for the subdivision of land and any dedications. D. Exterior street buffering: A minimum ten (10) feet wide perimeter strip of Type II landscaping and associated fencing shall be provided along the subdivision perimeter where it is adjacent to a public or private roadway that does not provide direct vehicular access to individual lots. The landscaping strip shall include an automatic irrigation system sufficient to ensure survival of the planted materials. !jencina constructed of wood iron masonry or other suitable materials approved by the planning manager shall be located between the landscaping strip and the subdivision lots and shall be constructed of consistent materials and configuration along the length of the street frontage. The fence and landscape strip shall be located in a separate tract and shall be depicted on the final plat. Maintenance of the landscape strip shall be the responsibility of a homeowners association or other entity approved by the City. Subdivision Code — Parks and open space requirements. 12.04.264.1 Parks and open space requirements. — add new section 12.04.580 Parks and open space requirements. — replace existing section 12.04.780 Parks and open space requirements. — replace existing section A. Approval of all subdivisions and short subdivisions located in either single- family residential or multifamily residential zones as defined in KCC Title 15, Zoning, shall be contingent upon the subdivider's provision and development of on-site recreation space or paying approved fees in lieu of these provisions to the City, as necessary to mitigate the adverse effects of development upon the existing park and recreation service levels. This requirement shall not apply to lots of forty-three thousand five hundred (43,500) square feet or larger in size or planned unit developments. B. Residential subdivisions and short subdivisions shall provide recreation space for leisure, play and sport activities as follows:... ...twenty (20) percent of the total area of the proposed subdivision or 4,500 square feet, whichever is greater. — Option 1 ...450 square feet per dwelling unit. — Option 2 ...700 square feet per dwelling unit. — Option 3 C. Recreation space shall be placed in a designated recreation space tract or tracts. The tract(s) shall be dedicated to a homeowners association or other workable organization acceptable to the planning manager to provide continued maintenance of the recreation space tract. D. ...(Except as noted in section E below, - place introductory clause in Option 1 only) . Recreation space located outdoors and not part of a storm water tract developed in accordance with subsection F. of this section shall: 1 1. Be of a grade and surface suitable for recreation improvements and have a maximum grade of five percent or as otherwise approved by the planning manager and parks and community services director; 2. Be on the site of the proposed development unless otherwise approved by the planning manager and parks and community services director; 3. Be located in an area where the topography, soils, hydrology and other physical characteristics are of such quality as to create a flat, dry, obstacle- free space in a configuration which allows for passive and active recreation; 4. Be centrally located or accessible and convenient to the majority of residents within the development 5. Have good visibility from roads and sidewalks; 6. Have no dimensions less than thirty feet, except trail segments or as otherwise approved by the planning manager and parks and community services director; 7. Be located in one designated area, unless the planning manager and parks and community services director determine that residents of large subdivisions, townhouses and apartment developments would be better served by multiple areas developed with recreation or play facilities; 8. If located adjacent to an existing or planned municipal, county or regional park, public open space or trail system, the on-site recreation space shall be accessible to the public facility via trail or walkway. . .(E. Fifty (50) percent of the required recreation space may be encumbered by streams, wetlands steep slopes and/or buffers associated with these features. — Option 1 only) ... F. Recreation space shall be improved with both active and passive areas designed for leisure play and sport activities. Play equipment or age appropriate facilities as approved by the city parks and community services director shall be provided within dedicated recreation space areas. Active recreation improvements shall be included as follows: 1. For developments of twenty-five or less dwelling units, at least one of the following recreation facilities shall be provided in addition to the tot lot or children's play area: a. playground equipment; b. sport court; c. sport field; d. tennis court; or e. any other recreation facility proposed by the applicant and approved by the parks and community services director; 2. For developments of twenty-six to fifty dwelling units, at least two or more of the recreation facilities listed in subsection F.I. of this section shall be provided; and i 3. For developments of more than fifty dwelling units, at least one additional recreation facility listed in subsection F.I. of this section shall be provided for every twenty-five dwelling units. G. In subdivisions, recreation areas that are contained within the on-site storm water tracts, but are located outside of the one hundred year design water surface, may be credited for up to fifty percent of the required square footage of the on-site recreation space requirement on a foot-per-foot basis, subject to the following criteria: 1. The storm water tract and any on-site recreation tract shall be contiguously located. At final plat recording, contiguous storm water and recreation tracts shall be recorded as one tract and dedicated to the homeowners association or other organization as approved by the planning manager; 2. Unless otherwise approved by the public works department, the drainage facility shall be constructed to meet the following conditions: a. The side slope of the drainage facility shall not exceed thirty- three percent unless slopes are existing, natural and covered with vegetation; b. A bypass system or an emergency overflow pathway shall be designed to handle flow exceeding the facility design and located so that it does not pass through active recreation areas or present a safety hazard; C. The drainage facility shall be landscaped and developed for passive recreation opportunities such as trails, picnic areas and aesthetic viewing; and d. The drainage facility shall be designed not to require fencing under the city's adopted surface water design manual. H. When the tract is a joint use tract for a drainage facility and recreation space, the city is responsible for maintenance of the drainage facility only. I. A recreation space plan shall be submitted to the public works department and reviewed and approved with engineering plans. 1. The recreation space plans shall address all portions of the site that will be used to meet recreation space requirements of this section, including the drainage facility. The plans shall show dimensions, finished grade, equipment, landscaping and improvements, as required by the planning manager and parks and community services director, to demonstrate that the requirements of the on-site recreation space or this chapter have been met. 2. If engineering plans indicate that the on-site drainage facility or storm water tract must be increased in size from that shown in preliminary approvals, the recreation plans shall show how the required minimum recreation space under this section will be met. 12.04.264.2 Recreation space - fees in lieu of. 12.04.582 Recreation space - fees in lieu of. 12.04.782 Recreation space - fees in lieu of. A. Except in the case of .. . (Type I Short Subdivisions, - Option 1) ...(Short Subdivisions, - Options 2 and 3) the creation of on-site recreation space shall be the preferred method of providing new development with opportunities for leisure, play and sports activities. For .. ...(Type I Short Subdivisions, - Option 1) ...(Short Subdivisions, - Options 2 and 3) payment of the fee-in-lieu of dedication shall be preferred. In ... (Type II Short Subdivisions and Subdivisions, - Option 1) (Subdivisions, - Options 2 and 3) applicants shall to the best of their ability endeavor to provide recreation space on the project site. However, if on-site recreation space is not provided in accordance with this chapter, the applicant shall pay a fee-in-lieu of actual recreation space if approved by the city. Acceptance of a fee-in-lieu payment is discretionary. A fee-in-lieu of on-site recreation space may be permitted if the recreation space is provided within a city park in the vicinity and will be of greater benefit to the prospective residents of the development. B. Unless a subdivider dedicates land and constructs improvements in accordance with this section in order to mitigate the direct impacts identified as a consequence of the proposed development, the city's final approval of the subdivision shall be contingent upon payment of a park development fee from the subdivider to the city. The fee in lieu of land dedication for parks and open space shall be determined by multiplying the following two (2) factors: 1. One hundred fifty (150) percent of the average assessed value per unit area of land within the boundaries of the subdivision; and 2. The gross land area within the subdivision multiplied by five (5) percent as set forth in subsection (C) of this section. The average assessed value shall be that for the year in which the subdivision is granted preliminary plat approval. Computations shall be based upon King County assessor information. The fee in lieu of dedication shall be held in a reserve account at the city, and may only be expended to fund a capital improvement that has been agreed upon by the parties to mitigate the identified, direct impact of the development. The payment shall be expended in all cases within five (5) years of collection. 3. Any payment of fees made pursuant to this section that have not been expended within five (5) years of collection shall be refunded with interest at the rate applied to judgments to the property owners of record at the time of the refund. If the payment is not expended within five (5) years due to delay attributable to the developer, the payment shall be refunded without interest. 4. Appeals of dedication requirements or fees in lieu of dedication Imposed pursuant to this section shall be governed by the provisions of Ch. 2.32 KCC. 12.04.264.3 On-site recreation - Maintenance of recreation space or dedication. 12.04.583 On-site recreation - Maintenance of recreation space or dedication. 12.04.783 On-site recreation - Maintenance of recreation space or dedication. A. Recreation space that meets the criteria of this chapter may, at the discretion of the parks and community services director, be dedicated as a public park in lieu of providing the on-site recreation required under KCC 12.04.780 If the following criteria are met: 1. The dedicated area Is at least ten acres In size, unless when adjacent to an existing or planned county park; 2. The dedicated land provides one or more of the following: a. shoreline access; b. regional trail linkages; c. habitat linkages; d. recreation facilities; or e. heritage sites; and 3. The dedicated area Is located within one mile of the project site. B. Unless the recreation space is dedicated to the city in accordance with subsection A of this section, maintenance and irrigation of any recreation space retained in private ownership shall be the responsibility of the owner or other separate entity capable of long-term maintenance and operation In a manner acceptable to the parks and community services director. S:\Permit\Plan\ZONECODEAMEND\2006\ZCA-2006-3_ResDevStds\ResDevStds010807revised.doc J� LAND USE & PLANNING BOARD MINUTES DECEMBER 11, 2006 BOARD MEMBERS PRESENT: Chair Jon Johnson, Vice Chair Dana Ralph, Steve Dowell, Tim Gimenez, Alan Gray, Jack Ottim STAFF MEMBERS PRESENT: Charlene Anderson, Matthew Gilbert, Gloria Gould-Wessen, Mike Gillespie, Jon Napier, Kim Adams Pratt, Pamela Mottram Chair Johnson called the meeting to order at 7:00 p.m. in City Council Chambers. Approval of Minutes Jack Ottini MOVED and Tim Gimenez SECONDED a Motion to APPROVE the Minutes of November 13, 2006. MOTION CARRIED 6-0. Added Items, Communications None Notice of Upcoming Meeting Planning Manager Charlene Anderson stated that beginning in January 2007 the Planning and Economic Development Committee will meet the second Monday of the month at 5:00 p.m. ZCA-2006-3 Residential Development Standards Planner Matt Gilbert recapped three (3) options using a matrix to indicate amendments that staff proposes with respect to the zoning and subdivision code. He spoke about side and rear yard lot setback options, perimeter street buffering, tree preservation, storm pond landscaping, mixed housing types, density calculations, design review with respect to entry fagade and garage orientation, roofline modulation, diminished garages, and on-site recreation space. Mr. Gilbert spoke about storm drainage and recreational open space criteria, stating that the Parks Department would like a minimum threshold applied to regulate open space on ten or more lots. Mr. Gilbert stated that staff recommends incorporating design review standards as part of the development review process rather than developing a separate Administrative application process. Chair Johnson declared the Public Hearing Open. GARRETT HUFFMAN, 335 115TH AVE SE, BELLEVUE, WA urged the Board to support Option 2 which he considers the most flexible option. HANs KORVE, 726 AUBURN WAY N, AUBURN, WA stated that he supports Option 2, citing Option 1 and Option 3 as excessive. He hopes the Board doesn't pick and choose from other options, stating Option 2 is a good balance. He voiced concerns with open space issues, tree replacement, diminished garages and commented on some possible text changes. He stated 70% diminished garages would legislate monotony. JOHN MASON, 14405 SE 266TH ST., KENT, WA voiced concerns over tree and impervious surface issues. He stated that all options have benefits. He stated even 50% diminished garage requirement is too much. TOM SHARP, KENT, WA stated that he supports Option 2. He stated that shared driveways would cut down on impervious surfaces He spoke about design review standards, fire accessibility, tree preservation, landscaping, diminished garages, fencing and entry facade orientation. Mr. Sharp recommended that the Board should consider amending language in Option 2 to not limit fencing material to wood, considering other suitable fencing materials such as iron, masonry or similar materials. Dana Ralph MOVED and Tim Gimenez SECONDED a MOTION to close the Public Hearing. After the Board and staff deliberated, Fire Prevention Division Chief Jon Napier stated that he supports Option 2 which would allow the Fire Department 8 feet of access space or protective measures if 5 feet side yards are provided. Mr. Gilbert stated that staff has recommended Option 2, Flexibility with Safeguards. Dana Ralph MOVED and Jack Ottini SECONDED a MOTION to approve #ZCA-2006-3 Residential Development Standards, Option 2, as recommended by staff, with the following amendments: • Add language to reduce the tree size requirement down to 2"diameter and 6-8 feet height. • Add language to wood fencing to include masonry, iron or other suitable materials as approved by the Planning Manager. • Add language to reduce diminished garage requirements to 60% and to add flexibility to how It's accomplished. • Add language on the entrance orientation to remove the confusion about the front door having to be exactly parallel to the street. • Change language regarding recreational space to 25 lots or less under F.1. • Add language regarding pond fencing as Is included in the Public Works Standards. MOTION CARRIED 6-0. Planning Manager stated that this will go before the Planning and Economic Development Committee on Monday, January 8, 2007 at 5:00 p.m. Adjournment Steve Dowell MOVED and Jack Ottini SECONDED a MOTION to adjourn the meeting. Motion Carried. The meeting was adjourned at 8:50 p.m. Charlene Anderson, AICP, Planning Manager Secretary of the Board S IPe itIP/an ILUPB120061MmuteSI121106LUMMIn doc i � l Land Use and Planning Board Meeting Minutes December 11, 2006 Page 2 of 2 COMMUNITY DEVELOPMENT Fred N. Satterstrom, AICP, Director PLANNING SERVICES 0 Charlene Anderson, AICP, Manager KENT WASHiNGTON Phone 253-856-5454 Fax. 253-856-6454 Address- 220 Fourth Avenue S Kent, WA 98032-5895 AGENDA LAND USE & PLANNING BOARD PUBLIC HEARING & WORKSHOP DECEMBER 11, 2006 7:00 P.M. LAND USE & PLANNING BOARD MEMBERS: CITY STAFF Jon Johnson, Chair Charlene Anderson, AICP, Planning Manager Dana Ralph, Vice Chair Matthew Gilbert, AICP, Planner Steve Dowell Gloria Gould-Wessen, AICP, Planner Tim Gimenez Kim Adams Pratt, Asst City Attorney Alan Gray Pamela Mottram, Administrative Secretary Jack Ottlnl This is to notify you that the Land Use and Planning Board will hold a Public Hearing followed by a Workshop on MONDAY, DECEMBER 11, 2006 in Kent City Hall, City Council Chambers at 7:00 p.m. The public is welcome to attend. All interested persons may have an opportunity to speak at the public hearing. Any person wishing to submit oral or written comments on the Residential Development Standards may do so prior to or at the meeting. The agenda will include the following item(s): 1. Call to order 2. Roll call 3. Approval of Minutes from the November 13, 2006 Meeting 4. Added Items to Agenda 5. Communications 6. Notice of Upcoming Meetings 7. PUBLIC HEARING: #ZCA-2006-3 Residential Development Standards (MG) Consideration of proposed zoning and subdivision code revisions related to single family residential development standards. Proposed revisions to be considered Include but are not limited to requiring open space, increased space between residences, landscape buffers between arterials and subdivisions, aesthetic treatment of stormwater ponds, residential design, elimination of minimum lot sizes In favor of meeting specified building envelope diameters, minimizing prominence of garages, strengthening tree preservation, minimizing Impacts of grading, allowing mixed housing types, encouraging cottage housing, requiring undergrounding of utilities, and providing for rounding of density calculations. Although three options are being presented by staff, the Board may consider additional options or any combination of options. LUPB COMMUNITY DEVELOPMENT Hearing Packet Fred N. Satterstrom, AICP, Director • December 11, 2006 PLANNING SERVICES KEN T Charlene Anderson, AICP, Manager W nSHIN GTO Phone• 253-856-5454 Fax 253-856-6454 Address- 220 Fourth Avenue S Kent, WA 98032-5895 November 20, 2006 TO: JON JOHNSON, CHAIR AND MEMBERS OF THE LAND USE AND PLANNING BOARD FROM: MATT GILBERT, AICP, PLANNER RE: #ZCA-2006-3 RESIDENTIAL DESIGN STANDARDS Land Use and Planning Board Public Hearing — December 11, 2006 On November 27, 2006 the Land Use and Planning Board held a workshop to hear comments and updates from staff regarding the options for changing the City's residential development standards. Staff described changes to the recommended Option 2, Flexibility with Safeguards, that had been made since originally presented at the November 13, 2006 public hearing. Based on discussions at the November 27th workshop and ongoing communication with interested parties, the options have been further refined, generally to reflect greater diversity among the proposals. These changes include: Open Space: Option 1: Regulatory with Amenities, has been amended to require that 20% of the gross area of any short-subdivision or subdivision be dedicated as open space. Option 3: Flexible Lots with Large Setbacks has been amended to require 700 square feet of open space for each home in a subdivision. Other specific changes to the subdivision code related to open space are included in the attached proposed code language. These changes deal with open space improvement and development requirements, and with ownership, maintenance and operational issues. Mixed Housing Types: Options have been changed to reflect a broader range in the limitation of attached units in single family zones. Option 1 would limit attached housing to duplexes, Option 2 would allow duplex, triplex and fourplex units, Option 3 would allow duplex and triplex units, Improve building aesthetics: Though at the November 271th workshop, staff discussed amending the 70% garage-diminished recommendation to 60%. This number has remained at 70% in the attached proposed language. Attached is a summary of the proposed amendments organized and worded as they would appear in the zoning and subdivision codes. At the public hearing, staff from Planning, Public Works, Fire Prevention and the Parks Department will be available to answer any questions regarding the proposed changes. 1115 IPermitfRYaniZONECOOE4MEN0110061ZCA-1006-3 ReSDe✓5tdSf12110&L4PH memo doc CC Fred N Satterstrom,AICP,C D Director Charlene Anderson,AICP,Planning Manager Division Chief Jon Napier,Fire Prevention Gloria Gould-Wessen,AICP,Planner William Osborne,AICP,Planner it Kim Marousek,AICP,Principal Planner Matt Gilbert,AICP Planner Mike Gillespie,Public Works Lori Flemm,Parks/Open Space Supenntendent it Parties of Record(Attached) Project File 15.02.340.1 Roofline variation. Roofline variation means a vertical offset in ridge line; horizontal offset in ridge line; variations of roof pitch; gables; or any other similar technique approved by the planning manager. The minimum horizontal or vertical offset shall be 3 feet,. and the minimum variation length shall be 8 feet. 15.02.499.1 Special life safety measures. -- Specallife safety measures means upper story rescue windows accessible from the front and rear of a home; or a Fire Department-approved automatic fire suppression system. I Zoning Code — Land Uses — Differentiation among options is Indicated. 15.04.020 Residential land uses. ZONING DISTRICTS U KEY E U U U U P = PRINCIPALLY N NILI — N PERMITTED USES U ❑ ❑ 1' ❑ Ql (l (Dmu I a.+ - N N U S = SPECIAL USES Ln Y C = CONDITIONAL u U I Y U U ❑ L = ^ L) Y Y N Y Y (Q C C ❑ _ 111 N E; l{I N 0 0 — N USES N O ❑ O ❑ H H K O, C A=ACCESSORY L) ❑ 0 70 I ru 70 �. Z7 Y USES G � -0 _0 -0 -0 of -0 -0 r0 _ 3 m Ui ' - N to FA y:+ yi +b ma E 'T' Ln a) i I _ rp u Q) a �fu—, ro rp Lj' rp rn I 2G rp r0 N ❑ E 0 a7+ i C LL LL Qi Lt LL 1 X }+ u N O o p d 00 1? 1, t7 ? a a a L0 ur) Lo LLo Lwn LL17 c ONE SINGLE-FAMILY P P P 1p P P P P P P P P P DWELLING PER LOT ONE DUPLEX PER LOT P P P P 1 (27) (27) ONE MODULAR HOME P P P P P P I P 1p P P P P P ,PER LOT DUPLEXES P P P P P P P P P (27) (271 (2,71 (22) MULTIFAMILY P* P. P* P(19) P(19) P P P TOWNHOUSE UNITS (27)* (27)* (27)* (20) (20) MULTIFAMILY P(26) P(26) P P P DWELLINGS MULTIFAMILY DWELLINGS FOR i 'SENIOR CITIZENS i.... nni acoaiaia xamrai �its^a i�i xi¢i�n nn �i non . ar�uzs,F..ei�ncu vanar-.r—.�«w=,sv<s>nir.-.i _asai, ...€gas *Options 2 and 3 only 15.04.030 Residential land use development conditions. 27. Within subdivisions, as defined by KCC 12.04.025 and created after ORDINANCE DATE or altered to comply with zoning and subdivision code amendments effective on or after ORDINANCE DATE, 25% of the total number of permitted dwelling units may be (duplex structures. — Option 1) ... (duplex, triplex or fourplex townhouse structures. — Option 2) ... (duplex or triplex townhouse structures. — Option 3). 15.04.170 Agricultural and residential zone development standards. Change the matrix as follows in SR-4.5, SR-6 and SR-8 zoning districts: Minimum lot area: Add note 37 Side Yard: Option 1 — Keep 5 feet and add (38) Options 2 and 3 - Delete 5 feet. Add 8 feet and (38) Rear Yard: 10 feet Additional Standards: Add Note 39 15.04.180 Agricultural and residential land use development standard conditions. Option 1: 37. Within subdivisions as defined by KCC 12.04.025 and created after ORDINANCE DATE or altered to comply with zoning and subdivision code amendments effective on or after ORDINANCE DATE, the minimum lot size shall be 3,000 square feet. Lot width requirements of the underlying_zoning district shall apply and shall exclude any easement area. 38. Fire department approval is required for 5-foot side yards. The sum total of both side yards shall be a minimum 16 feet. 39. The residential design review standards of KCC 15.09.045(C) shall apply within subdivisions and short subdivisions created after ORDINANCE DATE. Option 2: 37. For subdivisions and short subdivisions created after ORDINANCE DATE or altered to comply with zoning and subdivision code amendments effective on or after ORDINANCE DATE, the minimum lot size shall be 3,000 square feet. Minimum lot width shall be measured by.scaling a 30-foot diameter circle within the boundaries of the lot, provided that easement areas may not be included in the required 30-foot diameter circle. The lot frontage along private or public streets shall be a Minimum 20 feet in width. Minimum driveway separation shall be 10 feet. Shared driveways are permitted. 38. Side yard may be reduced to 5 feet with special life safety measures. 39. The residential design review standards of KCC 15.09.045(C) shall apply to subdivisions and short subdivisions created after ORDINANCE DATE or altered to comply with zoning and subdivision code amendments effective on or after ORDINANCE DATE. Option 3: 37. For subdivisions and short subdivisions created after ORDINANCE DATE or altered to comply with zoning and subdivision code amendments effective on or after ORDINANCE DATE, the average lot size shall be 3,000 square feet. Minimum lot width shall be measured by scaling a 30-foot diameter circle within the boundaries of the lot, provided that easement areas may not be included in the required 30-foot diameter circle. The lot frontage along private or public streets shall be a minimum 20 feet in width. Minimum driveway separation shall be 10 feet. Shared driveways are permitted. 38. Fifty (50) percent of the lots within subdivision and short subdivisions created after ORDINANCE DATE or altered to comply with zoning and subdivision code amendments effective on or after ORDINANCE DATE may have minimum 5 feet side yards when special life safety measures are provided. The sum total of both side yards for the remaining fifty (50)percent of the lots shall be a minimum 16 feet. 39. The residential design review standards of KCC 15.09.045(C) shall apply to subdivisions and short subdivisions created after ORDINANCE DATE or altered to comply with zoning and subdivision code amendments effective on or after ORDINANCE DATE. j Zoning Code — Landscaping — All Options 15.07.040 General landscape requirements for all zones. W. The perimeter of all storm water detention ponds shall be landscaped to a eminimum depth of 10 feet of Type II landscaping. Ponds shall be fenced with vinyl coated chain link or solid screen fencing. The fencing shall be located between the pond and the landscape area. Zoning Code — Tree Preservation — All Options 15.08.240 Preservation of trees. A. Purpose. Retention of significant trees as required by this section is necessary to maintain and protect property values, to enhance the visual appearance of the city, to preserve the natural wooded character of the area, to promote utilization of natural systems, to reduce the impacts of development on the storm drainage system, and to provide a transition between various land uses in the city. B. Regulations. Application of regulations for the preservation of significant trees is as follows: 1. On all undeveloped property in the city, all trees of a six (6) inch caliper or greater shall be retained on the property where they are growing. 2. Where it is not feasible to retain all trees on the site due to the proposed development, a site specific tree plan, drawn to scale, shall be prepared. The tree plan shall indicate the species of tree and precise location of all trees of a six (6) inch caliper or greater on the site in relation to proposed buildings, streets, parking areas, storm drainage facilities, and utilities. Trees to be retained pursuant to this section shall be marked by encircling the tree with a stripe of non-toxic paint of a color and type sufficient to remain visible during onsite construction activity. Trees to be retained shall be protected during construction, and the dripline shall be delineated with boundary markers. No grade changes or storage or materials shall be allowed within the tree dripline. Drainage patterns shall not be significantly altered that may be detrimental to the subject trees. 3. The tree plan and photograph of the trees on the property shall be submitted to the city planning depnrservices division for its review prior to the issuance of a zoning or building permit. 4. The planning depaftffiefftservices division shall review the tree plan in relation to the proposed development and make a determination of which trees will be permitted to be removed. 5. The planning depaftfliefitservices division may cause a modification of the development plan to ensure the retention of the maximum number of trees. Should the applicant elect to alter the development plan in order to preserve special trees or wooded areas in a natural state, the planning diFeete manager may waive specific requirements to allow for flexibility and innovation of design. 6. There shall be no clear cutting of trees of a six (6) inch diameter or greater on undeveloped land for the purpose of preparing that site for future development. C. Applicability. The requirements of this section shall be imposed in conjunction with approval of subdivisions, short subdivisions, planned unit developments, development of undeveloped land, and/or when a change in the area devoted to parking and circulation is required by the Kent City Code. However, this section does not apply to a permit for a single-family dwelling, unless restrictions on the removal of significant trees on individual single-family lots have been imposed through prior city approval. D. Reguired Review. The city planning services division shall review the proposed , removal of significant trees with each application within the applicability of this section. E. Retention of Significant Trees. 1. Perimeter Landscaping Area. In the required perimeter landscaping areas, as set forth in KCC 15.07, the applicant shall retain all significant trees which will not constitute a safety hazard. Areas devoted to access and sight distance, and areas to be cleared for required roads, utilities, sidewalks, trails, or storm drainage improvements are exempt from this requirement. 2. Site Interior. a. In areas of the site other than the required perimeter landscape area the applicant shall retain a minimum 15 percent of the diameter inches of the significant trees existing in this area, provided that alder and cottonwood trees diameter inches shall be discounted by a factor of 0.5. In applying the requirement for retention of significant trees, the planning manager shall consider a priority the preservation of the following types of significant trees: i. Healthy significant trees over 60 feet in height; ii. Significant trees which form a continuous canopy; iii. Significant trees which contribute to the character of the environment, and do not constitute a safety hazard; iv. Significant trees which provide winter wind protection or summer shade; v. Groups of significant trees which create a distinctive skyline feature; vi. Significant trees in areas of steep slopes or adjacent to watercourses or wetlands. b. The planning manager may approve retention of trees which do not meet the definition of significant trees as a contribution toward the sum of the diameter inches required under subsection E.2.a of this section if a group of trees and its associated undergrowth can be preserved. 3. Exemption. The provisions of this subsection which require retention of significant trees are not applicable in any Downtown Land Use District. 4. Reduced Parking Bonus. If the proposed landscape plan incorporates the retention of significant trees above that required by this section, the planning manager may approve a reduction of up to 10 percent of the required number of parking spaces if adequate parking will remain on the subject property, and if land area for the required number of spaces remains available for future development on the subject property. F. Alternative Tree Retention Option. 1. An applicant may request a modification of the tree retention requirements set forth in subsection E. 2. The planning manager may administratively approve a modification of the perimeter or interior tree retention requirements if: a. The modification is consistent with the stated purpose of this section; and b. The modification proposal either: i. Incorporates the retention of significant trees equal in equivalent diameter inches or incorporates the increased retention of significant trees and naturally occurring undergrowth beyond what would otherwise be required, or ii. Incorporates the retention of other natural vegetation in consolidated locations which promotes the natural vegetated character of the site and neighborhood including use as pasture land or for agricultural uses. 3. Where a modification proposal includes supplemental or replacement i trees in lieu of retention, the applicant shall utilize plant materials from the city's List of Plants for the Pacific Northwest. GG. Replacement of removed or damaged trees Trees removed illegally from undeveloped land or trees designated for retention which are damaged or destroyed shall be replaced as follows: 1. One (1) existing tree at a six (6) inch diameter shall be replaced by two (2) new trees. 2. For each additional three (3) inches of diameter, one (1) new replacement tree shall be added, up to a maximum of six (6) trees. 3. Replacement deciduous trees shall be at least three (3) inches in diameter at the time of planting. An evergreen shall be at least twelve (12) feet in height. Zoning Code — Design Review 15.09.045 Administrative design review. C. Residential Design Review. In order to diminish the perception of bulk, and provide visual interest along residential home facades that face public areas, architectural design considerations shall be applied. Homes located within subdivisions and short subdivisions created after the effective date of these changes, or in subdivisions or short subdivisions altered to comply with the proposed standards shall be subject to residential design review. This design review shall be applied administratively as part of the building permit review process for each new home. 1. Orientation of Homes. The entry fagade of each dwelling unit shall be oriented toward the highest classification street from which access to the lot is allowed. 2. Attached units. A building that contains a grouping of attached units shall not exceed a 200 foot maximum length and shall be separated from other groups of attached units by a minimum 15 feet. 3. Architectural standards shall be incorporated as follows: a. Each dwelling unit facade that faces a public area shall incorporate a minimum of two elements of fagade modulation and roofline variation. ■ b. The maximum horizontal fagade length without one element of either facade modulation or roofline variation shall be twenty (20) feet. 4. Architectural detail element. Each facade oriented toward a public area shall provide a minimum of three architectural detail elements. 5 Garages Dwelling units within subdivisions and short subdivisions shall provide diminished garage doors according_to the percentage and locations approved with the subdivision and short subdivision. ED. Multifamily design review... BE. Multifamily transition areas... icF. Mixed use design review.. FG. Appeals... Subdivision Code — Type I and Type II Short Subdivisions 12.04.125 Principles of acceptability. (and) 12.04.435 Principles of acceptability. No short subdivision shall be approved unless the following principles of acceptability are met; the short subdivision shall: 7 Provide building lots and roadway access configured to support the construction of homes with diminished garage doors such that... ...(fifty (50)percent— Options 1 and 3) ._(seventy (70) percent — Option 2) of the new lots will support construction of and access to a garage in the rear portion of the lot accessed via a common driveway between lots; or a side access garage; or a garage accessed via a rear alley; or a garage set back no less than 10 feet from the front fagade of the home. Lots and roadways shall be_ configured such that at least two of these options are supported in each new development. 8. Provide landscape buffering along all frontage streets of the short subdivision that do not provide the new lots with direct vehicular access. 9. Provide onsite recreation space. 12.04.235 Standards for the subdivision of land and any dedications. (and) 12.04.545 Standards for the subdivision of land and any dedications. D. Exterior street buffering: A minimum ten (10) feet wide perimeter strip of Type II landscaping and associated fencing shall be provided along the short subdivision perimeter where it is adjacent to a public or private roadway that does not provide direct vehicular access to individual lots. The landscaping strip shall include an automatic irrigation system sufficient to ensure survival of the planted materials. Wood fencing shall be located between the landscaping strip and the short subdivision lots and shall be constructed of consistent materials and configuration along the length of the street frontage. The fence and landscape strip shall be located in a separate tract and shall be depicted on the final short subdivision man Maintenance of the landscape strip shall be the responsibility of a homeowners association or other entity approved by the City. Subdivision Code — Subdivisions 12.04.685 Approval criteria. A. A proposed subdivision and dedication shall not be approved unless the city finds that: 1. Appropriate provisions have been made for: e. Neighborhood tot lots and playrecreation areas; n. Building lots and roadway access configured to support the construction of homes with diminished garage doors such that... fifty (50) percent — Options 1 and 3 ...seventy (70) percent — Option 2 of the new lots will support construction of and access to a garage in the rear portion of the lot accessed via a common driveway between lots; or a side access garage; or a garage accessed via a rear alley; or a garage set back no less than 10 feet from the front facade of the home. Lots and roadways shall be configured such that at least two of these options are supported in each new development. o. Landscape buffering along all frontage streets of the subdivision that do not rovide the new lots with direct vehicular access. ap. Other public utilities and services, as deemed necessary; and 12.04.745 Standards for the subdivision of land and any dedications. D. Exterior street buffering: A minimum ten (10) feet wide perimeter strip of Type II landscaping and associated fencing shall be provided along the subdivision perimeter where it is adjacent to a public or private roadway that does not provide direct vehicular access to individual lots. The landscaping strip shall include an automatic irrigation system sufficient to ensure survival of the planted materials. Wood fencing shall be located between the landscaping strip and the subdivision lots and shall be constructed of consistent materials and configuration along the length of the street frontage. The fence and landscape strip shall be located in a separate tract and shall be depicted on the final plat. Maintenance of the landscape strip shall be the responsibility of a homeowners association or other entity approved by the City. Subdivision Code — Parks and open space requirements. 12.04.264.1 Parks and open space reauirements. — add new section 12.04.580 Parks and open space requirements. — replace existing section 12.04.780 Parks and open space requirements. — replace existing section A. Approval of all subdivisions and short subdivisions located in either single- family residential or multifamily residential zones as defined in KCC Title 15, Zoning, shall be contingent upon the subdivider's provision and development of on-site recreation space or paying approved fees in lieu of these provisions to the City, as necessary to mitigate the adverse effects of development upon the existing park and recreation service levels. This requirement shall not apply to lots of forty-three thousand five hundred (43,500) square feet or larger in size or planned unit developments. B. Residential subdivisions and short subdivisions shall provide recreation space for leisure, play and sport activities as follows:. . . twenty (20) percent of the total area of the proposed subdivision or 4,500 square feet, whichever is greater. — Option 1 ...450 square feet per dwelling unit. — Option 2 ...700 square feet per dwelling unit. — Option 3 C. Recreation space shall be placed in a designated recreation space tract or tracts. The tract(s) shall be dedicated to a homeowners association or other workable organization acceptable to the planning manager to provide continued maintenance of the recreation space tract. D. ...(Except as noted in section E below, - place introductory clause in Option 1 only)... Recreation space located outdoors and not part of a storm water tract developed in accordance with subsection F. of this section shall: 1. Be of a grade and surface suitable for recreation improvements and have a maximum grade of five percent or as otherwise approved by the planning manager and parks and community services director; 2. Be on the site of the proposed development unless otherwise approved by the planning manager and parks and community services director; 3. Be located in an area where the topography, soils, hydrology and other physical characteristics are of such quality as to create a flat, dry, obstacle- free space in a configuration which allows for passive and active recreation; 4. Be centrally located or accessible and convenient to the majority of residents within the development 5. Have good visibility from roads and sidewalks; 6. Have no dimensions less than thirty feet, except trail segments or as otherwise approved by the planning manager and parks and community services director; 7. Be located in one designated area, unless the planning manager and parks and community services director determine that residents of large subdivisions, townhouses and apartment developments would be better served by multiple areas developed with recreation or play facilities; 8. If located adjacent to an existing or planned municipal, county or regional park, public open space or trail system, the on-site recreation space shall be accessible to the public facility via trail or walkway. ...(E. Fifty (50) percent of the required recreation space may be encumbered by streams, wetlands steep slopes and/or buffers associated with these features. , — Option 1 only) ... F. Recreation space shall be improved with both active and passive areas designed for leisure play and sport activities. Play equipment or age appropriate facilities as approved by the city parks and community services director shall be provided within dedicated recreation space areas. Active recreation improvements shall be included as follows: 1. For developments of five to twenty-five dwelling units, at least one of the following recreation facilities shall be provided in addition to the tot lot or children's play area: a. playground equipment; b. sport court; c. sport field; d. tennis court; or e. any other recreation facility proposed by the applicant and approved by the parks and community services director; 2. For developments of twenty-six to fifty dwelling units, at least two or more of the recreation facilities listed in subsection F.1. of this section shall be provided; and 3. For developments of more than fifty dwelling units, at least one additional recreation facility listed in subsection F.1. of this section shall be provided for every twenty-five dwelling units. G. In subdivisions, recreation areas that are contained within the on-site storm water tracts, but are located outside of the one hundred year design water surface, may be credited for up to fifty percent of the required square footage of the on-site recreation space requirement on a foot-per-foot basis, subject to the following criteria: 1. The storm water tract and any on-site recreation tract shall be contiguously located. At final plat recording, contiguous storm water and recreation tracts shall be recorded as one tract and dedicated to the homeowners association or other organization as approved by the planning 1 manager; 2. Unless otherwise approved by the public works department, the drainage facility shall be constructed to meet the following conditions: a. The side slope of the drainage facility shall not exceed thirty- three percent unless slopes are existing, natural and covered with vegetation; b. A bypass system or an emergency overflow pathway shall be designed to handle flow exceeding the facility design and located so that it does not pass through active recreation areas or present a safety hazard; C. The drainage facility shall be landscaped and developed for passive recreation opportunities such as trails, picnic areas and aesthetic viewing; and d. The drainage facility shall be designed not to require fencing under the city's adopted surface water design manual. H. When the tract is a joint use tract for a drainage facility and recreation ; space, the city is responsible for maintenance of the drainage facility only. I. A recreation space plan shall be submitted to the public works department and reviewed and approved with engineering plans. 1. The recreation space plans shall address all portions of the site that will be used to meet recreation space requirements of this section, including the drainage facility. The plans shall show dimensions, finished grade, equipment, j landscaping and improvements, as required by the planning manager and parks ■ and community services director, to demonstrate that the requirements of the on-site recreation space or this chapter have been met. 2. If engineering plans indicate that the on-site drainage facility or storm water tract must be increased in size from that shown in preliminary approvals, the recreation plans shall show how the required minimum recreation space under this section will be met. 12.04.264.2 Recreation space - fees in lieu of. 12.04.582 Recreation space - fees in lieu of. 12.04.782 Recreation space - fees in lieu of. A. Except in the case of . ...(Type I Short Subdivisions, - Option 1) ...(Short Subdivisions, - Options 2 and 3) the creation of on-site recreation space shall be the preferred method of providing new development with opportunities for leisure, play and sports activities. For . . I (Type I Short Subdivisions, - Option 1) (Short Subdivisions, - Options 2 and 3) payment of the fee-in-lieu of dedication shall be preferred. In ... .. (Type II Short Subdivisions and Subdivisions, - Option 1) ...(Subdivisions, - Options 2 and 3) applicants shall to the best of their ability endeavor to provide recreation space on the project site. However, if on-site recreation space is not provided in accordance with this chapter, the applicant shall pay a fee-in-lieu of actual recreation space if approved by the city. Acceptance of a fee-in-lieu payment is discretionary. A fee-in-lieu of on-site recreation space may be permitted if the recreation space is provided within a city park in the vicinity and will be of greater benefit to the prospective residents of the development. B. Unless a subdivider dedicates land and constructs improvements in accordance with this section in order to mitigate the direct impacts identified as a consequence of the proposed development, the city's final approval of the subdivision shall be contingent upon payment of a park development fee from the subdivider to the city. The fee in lieu of land dedication for parks and open space shall be determined by multiplying the following two (2) factors: 1. One hundred fifty (150) percent of the average assessed value per unit area of land within the boundaries of the subdivision; and 2. The gross land area within the subdivision multiplied by five (5) percent as set forth in subsection (C) of this section. The average assessed value shall be that for the year in which the subdivision is granted preliminary plat approval. Computations shall be based upon King County assessor information. The fee in lieu of dedication shall be held in a reserve account at the city, and may only be expended to fund a capital improvement that has been agreed upon by the parties to mitigate the identified, direct impact of the development. The payment shall be expended in all cases within five (5) years of collection. 3. Any payment of fees made pursuant to this section that have not been expended within five (5) years of collection shall be refunded with interest at the rate applied to judgments to the property owners of record at the time of the refund. If the payment is not expended within five (5) years due to delay attributable to the developer, the payment shall be refunded without interest. 4. Appeals of dedication requirements or fees in lieu of dedication imposed pursuant to this section shall be governed by the provisions of Ch. 2.32 KCC. 12.04.264.3 On-site recreation - Maintenance of recreation space or dedication. 12.04.583 On-site recreation - Maintenance of recreation space or dedication. 12.04.783 On-site recreation - Maintenance of recreation space or dedication. A. Recreation space that meets the criteria of this chapter may, at the discretion of the parks and community services director, be dedicated as a public park in lieu of providing the on-site recreation required under KCC 12.04.780 If the following criteria are met: 1. The dedicated area is at least ten acres In size, unless when adjacent to an existing or planned county park; 2. The dedicated land provides one or more of the following: a. shoreline access; b. regional trail linkages; c. habitat linkages; d. recreation facilities; or e. heritage sites; and 3. The dedicated area is located within one mile of the project site. B. Unless the recreation space is dedicated to the city in accordance with subsection A of this section, maintenance and Irrigation of any recreation space retained In private ownership shall be the responsibility of the owner or other separate entity capable of long-term maintenance and operation in a manner acceptable to the parks and community services director. �" S\Permit\Plan\ZONECODEAMEND\2006\ZCA-2006-3_ResDevStds\ResDevStds120106 doc ' COMMUNITY DEVELOPMENT ' Fred N. Satterstrom, AICP, Director PLANNING SERVICES Charlene Anderson, AICP, Manager K E N T Phone 253-856-5454 ' W/5HI NOTON Fax 253-856-6454 Address 220 Fourth Avenue 5 Kent,WA 98032-5895 ' AGENDA LAND USE & PLANNING BOARD ' WORKSHOP NOVEMBER 27, 2006 7:00 P.M. LAND USE & PLANNING BOARD MEMBERS: CITY STAFF Jon Johnson, Chair Charlene Anderson, AICP, Planning Mgr Dana Ralph, Vice Chair Matthew Gilbert, AICP, Planner Steve Dowell Kim Marousek, Principal Planner Tim Gimenez Kim Adams Pratt, Asst City Attorney Alan Gray Jack Ottini This is to notify you that the Land Use and Planning Board will hold a Workshop (In lieu of their regularly scheduled hearing) on MONDAY, NOVEMBER 27, 2006 in Kent City Hall, City Council Chambers at 7:00 p.m. Although no public testimony will be taken, the public is welcome to attend. The workshop agenda will include the following item(s)- #ZCA-2006-3 Residential Development Standards (MG) On November 13, 2006 the Land Use and Planning board held a public hearing to consider proposed changes to the City's Subdivision and Zoning codes as each of these codes pertain to residential development. As a result of the hearing a number of suggestions for improving the proposed new standards were expressed resulting in scheduling a second workshop. Any person requiring a disabdrty accommodation should contact the City In Advance for more information. For TDD relay service for Braille, call 1-800-833-6385, for TDD relay service for the hearing Impaired, call 1-800-833- 6388 or call the City of Kent Planning Services directly at(253)856-5499(TDD) or the main line at(253) 856-5454 For further Information or a copy of the staff memorandum contact the Planning Services office at(253) 856-5454 Check htto.11www cl kent wa us/olannlnallanduseplannmoboard/memoranda asp for available documents. 5 l PermrtlP/an I LUP8120061Agendas1112706Wkshp Agda doc I 1) 7 � LUPB t WORKSHOP PACKET COMMUNITY DEVELOPMENT November 27 2006 Fred N. Satterstrom, AICP, Director PLANNING SERVICES KENT Charlene Anderson, AICP, Manager WASHINGTON Phone 253-856-5454 Fax- 253-856-6454 Address' 220 Fourth Avenue 5 Kent, WA 98032-5895 November 20, 2006 ' TO: ]ON JOHNSON, CHAIR AND MEMBERS OF THE LAND USE AND PLANNING BOARD FROM: MATT GILBERT, AICP, PLANNER ' RE: #ZCA-2006-3 RESIDENTIAL DESIGN STANDARDS Land Use and Planning Board Workshop — November 27, 2006 On November 13, 2006 the Land Use and Planning Board held a public hearing to consider proposed changes to the City's Subdivision and Zoning codes as each pertains to residential development. Based on input from the City Council, the public and the development community, staff presented three sets of options for changing these codes. Staff recommended Option 2-Flexibility with Safeguards. While public testimony received at the hearing was generally supportive of staff's ' recommendation, a number of suggestions for improving the proposed new standards were expressed. These suggestions included. ' Eliminate the proposed 10' maximum front yard setback. Several of those who commented indicated that this standard is overly restrictive and would mandate the monotonous streetscapes which have been identified as undesirable. Staff concurs with ' this comment and would recommend retaining the existing standard. Reduce the 70% diminished garage requirement to 50%. Those who expressed this comment indicated that the 70% standard would also lead to a monotonous streetscape, and that 50% was a more appropriate number. While staff agrees in concept with the idea that monotony is a possibility, it is important to note ' that prominent garages are typically the most important visual feature associated with automobile dominated neighborhoods. To meet Council's goals of reducing auto dominance, a high standard to diminish garages must be maintained. To this end, staff ' recommends reducing the required percentage of diminished garage lots in a subdivision to 60%, and requiring that of the 60%, at least two different diminished-garage strategies be used to achieve the standard. Requiring this variation would address the concern regarding potential monotony. At the November 27' workshop, staff will present a number of layouts that could be used to satisfy the standard of diminished garages. Allow flexibility to the 450 square foot per lot open space requirement so that 300 square feet per lot would be required in central open space, with the t balance located in scattered landscape tracts. Staff does not support this suggestion, as decreasing the amount of centralized area devoted to open space/recreation space would jeopardize the usability of the space. Density incentives should be included in the proposed options. This comment ' indicated that while many amenities usually associated with PUDs are proposed for standard subdivisions (i.e. recreation space, architectural requirements), the density , incentives found in the PUD code are not being carried over to offset the increased cost of development. Even with the Increased requirement for land dedication the overall open space area required under this option is less than with a PUD. Therefore, density ' bonus options are not warranted for standard subdivisions. The flexibility of lot area and geometry associated with the staff recommended Option 2 , function to directly balance increased development costs associated with the new requirements. Restrict side yard fences as a means of meeting fire and life safety concerns ' regarding side rescue windows. Staff has recommended that in order to meet fire and life safety concerns, minimum side yard setbacks be established at 8 feet for the sides of homes where a rescue window is proposed. If no side rescue window is proposed, the associated setback would remain at 5 feet. A third alternative proposed at the hearing is that side-yards with an associated rescue window remain at 5 feet, with a prohibition on the side yard fences that are often built on the property line and restrict ladder access to side rescue windows. If these side- yard fences were eliminated, the entire area between homes (10 feet minimum) would ' be unobstructed and available for laddering. The comment suggested that homeowners associations could be made responsible for enforcing this no side-yard fence rule and that this approach has aesthetic merit as well. ' As a means of addressing fire and life safety issues, Staff does not support this approach because enforcing the placement of fences in perpetuity is a very resource- ' Intensive process that would be undesirable for either the City or a future homeowners association to bear. As an aesthetic treatment however, staff would agree that eliminating side-yard fences does have merit, but should remain as a matter of choice ' for builders and homeowners. During the public testimony, Kent resident and professional planner Hans Korve indicated that ' his firm, DMP Engineers was prepared to create a preliminary design of a subdivision which implemented the proposed code changes. Mr. Korve indicated that this analysis would help to identify any further changes that would be required in order for the new regulations to ' effectively realize the desired outcomes identified by the City Council, the public and developers. The preliminary results of this analysis are expected to be ready for presentation at the November 27th workshop. Additionally, as noted above, design options for creating , diminished garages will also be presented. I KM/MG/pm S Ip&mltiplanIZONECODEAMENDI20061ZG4-7006-3 ResDevStdslZC4-2006-3 ResDeuStds LUP@Wkshp112706Memo doc ' cc Fred N Satterstrom,AICP,C D Director Charlene Anderson,AICP, Planning Manager Gloria Gould-Wessen,AICP, Planner n ' William Osborne,AICP, Planner Kim Marousek,AICP, Principal Planner Matthew Gilbert, Planner Parties of Record (Attached) ' Project File LUPB Workshop 11/27/06 ZCA-2006-3 Res Dev Standards LAND USE & PLANNING BOARD MINUTES NOVEMBER 13, 2006 BOARD MEMBERS PRESENT: Chair Jon Johnson, Vice Chair Dana Ralph, Alan Gray, tJack Ottini BOARD MEMBERS ABSENT: Steve Dowell (Excused), Tim Gimenez (Excused) ' STAFF MEMBERS PRESENT: Charlene Anderson, Fred N Satterstrom, Matthew Gilbert, Kim Marousek, Kim Adams Pratt, Pamela Mottram Chair Johnson called the meeting to order at 7:00 p.m. in City Council Chambers. Approval of Minutes Jack Ottini MOVED and Alan Gray SECONDED a Motion to APPROVE the Minutes of October 23, 2006 MOTION CARRIED 4-0. Added Items, Communications None Notice of Upcoming Meetings Planning Manager Charlene Anderson indicated that the 2006 Annual Docket Report would be presented at the November 20th 2006 Planning and Economic Development Committee at 4:00 p.m. in City Council Chambers. ZCA-2006-3 Residential Development Standards Community Development Director Fred Satterstrom introduced this issue as a top priority with Mayor Cooke and Kent City Council He acknowledged staff's efforts in preparing recommendations based on input received from Kent's citizenry and development community ' through a series of community outreach forums and meetings. Planner Matt Gilbert recapped how this project began in March 2006. He stated that after meeting ' with Kent City Council, the public, developers, real estate agents and builders, staff produced a list of desired outcomes categorized with regard to. 1) creating on-site open space, 2) subdivision perimeter landscape buffering and treatment requirements, 3) strengthening connection of homes ' to interior streets, 4) reduce visual monotony, 5) permit mixed housing types in single-family zones, 6) require underground utilities, 7) creating additional space between buildings, 8) reducing visual impacts of storm ponds, 9) building aesthetics, 10) reducing perceived over-crowding in ' many of the neighborhoods, 11) minimizing off-site impacts of site grading, 12) encouraging cottage housing, and 13) streamlining the development process. Mr. Gilbert stated that although many codes are associated with this issue, staff will focus their efforts on the subdivision and zoning codes to be most effective. He stated that staffs efforts are limited to single family development in the SR-4.5, SR-6 and SR-8 zones, where the majority of development is occurring. Mr. Gilbert deferred to an analysis in the staff report to describe how the city's regulations affect land economics and housing affordability. He stated that staff is recommending Option Two "Flexibility with Safeguards" as this allows land owners the Flexibility to be creative with how they develop their lot area and configurations. Mr. Gilbert spoke about staffs recommendations related to: open space, streetscapes, landscaping, ' setbacks, enhanced design, aesthetics, architectural detailing, and perimeter buffering and , development density Issues. Mr. Gilbert stated that the Fire Department needs adequate side yard setbacks to accommodate ' fire rescue equipment when needed. Mr. Gilbert stated that residential developments would be more visually pleasing by reducing the prominence of street-facing garages. He stated that this could be done by requiring 70 percent of new home development be served by a side, rear or alley loaded garage, as well as modulating the face of the homes and using different roofline layering , for visual Interest. Mr. Gilbert stated that staff's proposal encourages preserving trees and planting additional trees ' when needed. He stated that the proposal encourages the use of mixed housing types and that current density limitations would continue to control the Intensity of development. Mr. Gilbert spoke about storm pond aesthetics or the use of vaults and about streamlining the ' process by which Kent calculates densities. Mr. Gilbert addressed comments from the Board with respect to trees, residential storm water ' retention pond and vault requirements deferring to Kent's storm water code, parking configurations, garage setbacks, minimum lot sizes, landscaping, fencing and fire rescue requirements. Mr. Gilbert Indicated that language was amended under the 'Terms" section from " self- , system" to "or an approved automatic fire suppression system"for technical purposes. Mr. Gilbert stated that after conferring with the Parks Department, he concurred with their analysis to amend language within the Parks Option 2 requirement from "residential developments of more than feuF Higits " to ".. more than nine units" and would also change the following language from ' to " would provide accessible recreation space with developed facilities." Gilbert submitted a letter for the record documented as Exhibit 1, from Anne Fritzel, Growth ' Management Planner with Washington State Community Trade and Economic Development dated 11/13/06 containing an analysis from the State's perspective of staffs proposal. Member Ottini , MOVED and Member Gray SECONDED a Motion to accept this letter for the record. Motion CARRIED 4-0. Noelle Rogerson, 10637 SE 2441h St., Kent, WA 98030 submitted her comments for the ' record documented as Exhibit 2. She stated that staff needs to look at alternative options to removing trees for roadway construction, such as building a bridge over a storm water pond to ' access a new development. Ms. Rogerson stated that she supports Option 1 rather then Option 2 as recommended by staff, as , it better represents what the majority of Kent residents want. Ms. Rogerson stated that staff should evaluate the number of: apartment units, condo units, single ' family homes, duplexes, triplexes, quads, trailer homes, cottages, farms and agricultural acres, homes and agricultural families in Kent, residential acres, business and commercial acres, park and open space acres, and forest preservation land and wetland acres. She stated that the results of this evaluation would provide a clearer picture of what Kent needs in terms of zoning and may ' Land Use and Planning Board Meeting , Minutes— November 0, 2006 Page 2 of 4 prove that Kent has already more then met the standards for future development as required by Growth Management. Sharon Bersaas, 436 Jason Ave N, Kent, WA stated that she supports the new regulations ' recommended by staff. Katherine Orni, Arrow Bay Group, 825 5it' Avenue, Kirkland, WA 98033 stated that she is with the Arrow Bay Group developing Verdana. She stated that she is concerned with staff's recommendation that would require amenities in the PUD standards with no additional gain to offset the loss of land area. She stated that there would no longer be Incentives and density ' bonuses. Ms. Orni suggested that 300 square feet of landscape tract per unit rather than 450 sq ft be set aside and require landscaping between units to create a visually pleasing break. She approved of more open space with fencing placed at the rear of the house rather than on the sides of the houses. Ms. Orni stated that it would be more cohesive visually to replant vegetation Including trees in perimeter buffer areas rather than retain existing vegetation in order to match what is happening with the streetscape on both the Interior and exterior of the development. She stated that she would like to see variable front yard setbacks of 10 to 20 feet so that homes could be shifted back and forth to create visual breaks. Ms. Orni stated that reducing lot sizes is critical in today's market. She stated that she favors a 50 percent versus a 70 percent requirement to allow for more variety in development. Ms. Orni stated that she supports vaults in residential developments as the recreation requirement becomes less expensive and onerous. She stated that vaults would be a more viable option for the developer and Improve housing costs. Hans Korve, DMP Engineering, 4215 S 216`h Place, Kent, WA. stated that he is a resident of the Riverview Community Planned Unit Development. He stated that he concurs with Ms. Orni's testimony. Mr. Korve stated that as a point of clarification, if a five foot setback is provided on one side of the ' house and a eight foot setback is provided on the other side of the house, this would meet the Fire Department's requirements for a side yard setback rescue window. Mr. Korve stated that he opposes mandated monotony which is what would occur if ten foot setbacks and the 70 percent side or rear garage requirements were required. He stated requiring 15 feet between driveways is not realistic. Mr. Korve stated that it is important for Kent to streamline its code process for consistency with the Comprehensive Plan so that development can occur without requiring as much rezoning. Mr. Korve offered to prepare a project that would demonstrate how a development would be constructed based on staffs recommended options and present this material to the Board at another meeting. John Nason, 14405 SE 266th, Kent, WA 98042 stated that he supports combining PUD development standards with the benefits of regular zoning. He stated angled garage parking requires more hard surface for maneuvering. He stated that he would prefer that the 70 percent requirement be reduced to as low as 30 percent and did not favor front yard setback limitations of ' ten feet. I land Use and Planning Board Meeting Minutes—November 13, 2006 Page 3 of 4 Garrett Huffman, Master Builders Association, 335 1161h Ave SE, Bellevue, WA 98004 , stated he believes City Council should be aware of how much each one of these options would cost ' before making decisions, specifically if these options dramatically affected a housing cost increase in Kent by 20 to 50 percent. He stated that he favors incentives as a means to motivate builders to provide attractive facades and more landscaping as well as provide for more flexibility. , Dana Ralph MOVED and Alan Gray SECONDED a MOTION to close the Public Hearing. Motion CARRIED. Chair Johnson declared the public hearing closed. After deliberations, and advisement from Assistant City Attorney Kim Adams Pratt, the Board and staff concurred with holding a second workshop on November 27th to evaluate additional options, followed by a Hearing before the Board on December 11, 2006. Furthermore, staff agreed to complete a preliminary analysis on the concepts brought forth, presenting that new information along with a model study to be presented by Hans Korve at the November 272h workshop. Adjournment , Dana Ralph MOVED and Jack Ottini SECONDED a MOTION to adjourn the meeting. Motion Carried. The meeting was adjourned at 8:45 p.m. , Charlene Anderson, AICP, Planning Manager Secretary of the Board S IPemmutiPlanILUPS120061Mmutes1111306 LUPBmmdoc Land Use and Planning Board Meeting , Minutes— November 13, 2006 Page 4 of 4 COMMUNITY DEVELOPMENT ' Fred N. Satterstrom, AICP, Director PLANNING SERVICES Charlene Anderson, AICP, Manager KENT Phone 253-856-5454 WASHINGTON Fax 253-856-6454 Address 220 Fourth Avenue S Kent, WA 98032-5895 ' AGENDA LAND USE & PLANNING BOARD PUBLIC HEARING NOVEMBER 13, 2006 ' 7:00 P.M. ' LAND USE & PLANNING BOARD MEMBERS: CITY STAFF Jon Johnson, Chair Charlene Anderson, AICP, Planning Manager Dana Ralph, Vice Chair Matthew Gilbert, AICP, Planner Steve Dowell Kim Adams Pratt, Asst City Attorney Tim Gimenez Pamela Mottram, Administrative Secretary Alan Gray Jack Ottini This is to notify you that the Land Use and Planning Board will hold a Public Hearing (in lieu of their regularly scheduled workshop) on MONDAY, NOVEMBER 13, 2006 in Kent City ' Hall, City Council Chambers at 7:00 p.m. The public is welcome to attend. All interested persons may have an opportunity to speak. Any person wishing to submit oral or written comments on the Residential Development Standards may do so prior to or at the meeting. The agenda will include the following item(s): 1. Call to order 2. Roll call 3. Approval of Minutes from the October 23, 2006 Meeting 4. Added Items to Agenda ' 5. Communications 6. Notice of Upcoming Meetings 7. PUBLIC HEARING: #ZCA-2006-3 Residential Development Standards (MG) Consideration of proposed zoning and subdivision code revisions related to single family residential development standards. Proposed revisions to be considered include but ' are not limited to requiring open space, increased space between residences, landscape buffers between arterials and subdivisions, aesthetic treatment of stormwater ponds, residential design, elimination of minimum lot sizes in favor of meeting specified building envelope diameters, minimizing prominence of garages, strengthening tree preservation, minimizing impacts of grading, allowing mixed housing types, encouraging cottage housing, requiring undergrounding of utilities, and providing for rounding of density calculations. Any person requiring a disability accommodation should contact the City In Advance for more information. For TDD relay service for Braille, call 1-600-833-6365, for TDD relay service for the hearing Impaired, call 1-600-833-6388 or call the City of Kent Planning ' Services directly at (253) 856-5499 (TDD) or the main line at (253) 856-5454 You may access the City'i website at http//www c kent wa us/plannmg/landuseolanningboard/staffreport aso for available download documents ' sIPe?mtiPlanILUP6120060A,mdas1111306Hrg_Agda do rLUPB COMMUNITY DEVELOPMENT ' HEARING PACKET Fred N Satterstrom, AICP, Director PLANNING SERVICES K E N T November 13, 2006 Charlene Anderson,AICP, Manager Wn5HINGTON Phone, 253-856-5454 ' Fax: 253-856-6454 Address, 220 Fourth Avenue S Kent, WA 98032-5895 November 6, 2006 TO: CHAIR JON JOHNSON AND MEMBERS OF THE LAND USE AND PLANNING BOARD ' FROM: MATTHEW GILBERT, AICP, PLANNER RE: ZCA-2006-3 RESIDENTIAL DEVELOPMENT STANDARDS For LUPB Hearing November 13, 2006 HISTORY In March of 2006, staff from the Planning Services office met with the City Council to hear concerns regarding residential development, specifically those associated with some of Kent's newer construction. Concerns expressed generally related to transportation issues (i.e. traffic, connected walkways); neighborhood design and residential land use (i.e. housing types). In early April, Planning Staff returned to Council with a series of images that aimed to illustrate the concerns related to neighborhood design and residential land use. Staff acknowledged that transportation issues were being addressed through the ongoing Transportation Master Plan process. 1 With the Council's approval, Staff began an effort to receive public input on these issues. This five month-long effort included public forums at various venues around the City and meetings with real-estate agents, developers and builders. Planning Staff designed and published an on- line visual preference survey that polled people's opinions regarding different types of housing and neighborhoods. This survey generated over 150 responses. News items regarding the forums and web-survey were twice featured in the King County Journal and on Mayor Cooke's Kent Today program. This extensive public outreach effort has yielded a list of concerns that both reinforces and supplements those originally expressed to Staff by the City Council. Based on the cumulative input received from the public, stakeholder groups and the City Council, Planning staff began to formulate a list of desired outcomes to guide the process of amending the residential development standards as found in various City Codes. These desired outcomes included: 1 * Create on-site open s ace * Create mores ace between buildings * Require perimeter treatment around all new * Reduce visual impact of stormwater subdivisions facilities * Strengthen relationship of homes to interior * Improve building aesthetics street * Reduce visual monotony that is encouraged * Reduce perceived over-crowding by current code * Require stronger tree protection * Minimize off-site impacts of site grading ' * Permit mixed housing types in single-family * Encourage cottage housing zones * Require underground utilities * Streamline the process ' Staff Report-ZCA-2006-3 Res Dev Stds LUPB Hearing-November 13,2006 Page 1 of 8 SCOPE ' It is important to note that codes associated with residential development span a number of disciplines and are often quite technical. The City employs professional Planners, Environmental Engineers, Civil Engineers, Surveyors and Deputy Fire Marshals to review development proposals and ensure that these codes are appropriately applied to each project. The complexity of these various codes necessitates that the scope of proposed changes be defined in terms of addressing the City Council's and publics desired outcomes in a manner that is internally consistent and avoids creating conflicts among codes. The specific code sections related to the list of desired outcomes are contained within the Subdivision Code, Zoning Code, Public Works Construction Standards and Kent Surface Water ' Design Manual (KSWDM). Because the Construction Standards and KSWDM are administered by Public Works and scheduled for update in 2007, code changes related to stormwater vaults, site grading and underground utilities have been deferred to these update processes and , excluded from the current effort. Single family residential development in Kent can be proposed through four distinct application types-Short subdivisions (a.k.a. short-plats), Long Subdivisions (a.k.a. long plats), Planned Unit Developments (PUDs), and single-lot infdl developments. These applications each have varying requirements and different purposes. However, the vast majority of residential development in Kent occurs through the short plat and long-plat processes. Since 2003, 208 applications for short-plats and long plats have been received by the City. In the same period, 11 PUD applications were received. Accordingly, as a matter of efficiency and logistics, the current effort , to update residential design standards is focused primarily on regulations within the Zoning Code and Subdivision Code that pertain to short plats and long plats. Changes to the PUD code will be included in future phases of this effort. The current changes are also limited in scope to the SR-4.5, SR-6 and SR-8 zoning districts and shall apply only to subdivisions created after the effective date of the proposed amendments, or can be applied to subdivisions altered to comply with the proposed standards. City records , indicated that these are the districts where the vast majority of residential development takes place. BACKGROUND ' Desired outcomes such as creating on-site open space, increased setbacks and requiring perimeter buffer landscaping are by definition land intensive. In beginning to evaluate options for achieving these outcomes, it is important to understand other land intensive elements that are currently built into the City's residential development standards. In any new neighborhood, a significant portion of the land area is devoted to purposes and , improvements other than homes. The City's current regulations call for land dedication for features such as storm water ponds to handle water runoff; roadways that must be wide enough for increased traffic as well as fire-trucks and on-street parking; sidewalks and planter areas to make roads pedestrian friendly and; wetland and stream preservation areas to protect water quality. Current codes generally require that at minimum 25% of the land area in a subdivision be used for storm ponds, roads, sidewalks etc. If streams, wetlands or steep slopes are present, this number often increases dramatically. For example, it is not uncommon for a five acre site with wetlands to only have 2 acres of buildable land. In fact, data from 2005 show that on average for residential developments in the City of Kent, for every 3 acres of buildable land, one acre was set aside for stream, wetland or steep slope protection. With the recent passage of the City's new Critical Areas Ordinance, this ratio is expected to increase. Staff Report-ZCA-2006-3 Res Dev Stds LUPB Hearing—November 13,2006 Page 2 of 8 i This squeezing of buildable land has resulted in some interesting trends in Kent. For example, a ' vast majority (68%) of the subdivisions completed over the last three years were zoned for 6 units per acre. However, the average density city-wide in that same time period was only 3.45 units per acre. In 2005, land subdivided in the SR-6 zone averaged 3.8 new homes per acre, ' though 6 homes per acre are allowed. This disparity between allowed densities and achieved densities is primarily due to two factors- land intensive requirements (i.e. storm-ponds, roads, wetland areas etc.) which involve land being used for purposes other than building homes, and the current minimum lot size standards. Current minimum lot size standards are as follows: SR-4.5 zone 7,600 square feet SR-6 zone 5,700 square feet 1 SR-8 zone 4,000 square feet These current minimum lot size standards were revised downward in the mid 1990's as a response to criticisms that most developments were not able to achieve intended densities of (roughly) 4.5, 6 and 8 units per acre. The intent of the revision was to allow developers and builders the lot size flexibility to achieve the housing densities envisioned in the Comprehensive Plan. Today we see that these envisioned densities are not being achieved, and that the flexibility provided by the current standards is not effective to this end. This discussion of lot sizes, densities and flexibility may on its face seem removed from the process of determining appropriate aesthetic enhancements. However, understanding that current regulations already require significant dedication of land is critical when considering code changes that would possibly require additional land to be designated 'unbuildable' and dedicated as park area, landscape buffering, and increased side yard setbacks. OPTIONS Each of the following options includes elements to address the list of desired outcomes for new neighborhoods. Each option, if implemented, would significantly raise aesthetic standards for neighborhoods, provide open space and allow for increased diversity in housing types. The options differ primarily in terms of required architectural variation, lot area flexibility and side yard setbacks. During the process of developing these options, lot area flexibility and side yard setbacks were found to have the greatest impact on achieving zoning densities. Option 1: Regulatory with amenities 1. Open space: Residential developments of more than four units in the SR 4.5, 6 and 8 zones shall provide fully accessible recreation space for leisure, play and sport activities at a rate of 450 square feet of open space per unit. Open space dedication area may be provided as a dual purpose stormwater pond per the requirements of the Kent Surface Water Design Manual. 2. Set-backs: Side yard: Sum of both side yards must be 16 feet, with 5 foot minimum allowed. Accessory buildings (garages) in rear half of a lot are allowed within 2 feet of side and rear property lines. Fire department approval is required for 5 foot side yards. Rear-yard: 10 feet. ' 3. Perimeter buffering: Unified perimeter fencing and a 10 foot landscape buffer within a landscape tract are required along all perimeter streets, except where direct street access to lots is provided. Planting and fence construction shall be completed Staff Report-ZCA-2006-3 Res Dev Stds LUPB Hearing—November 13,2006 Page 3 of 8 prior to or in conjunction with issuance of a building permit on any lot within the subdivision. ' 4. Streetscape environment: 1) 10 foot maximum front yard setback for living space of home, 20 feet for lots located on the radius of a cul-de-sac. Garages are exempt and require a 20 foot X 20 foot connected paved area not to include sidewalks or access easements 2) The entry fagade of each single family home shall be oriented towards the highest classification street from which access to the lot is allowed. 5. Improve building aesthetics: 1) 50% of homes in subdivisions shall include home designs that visually diminish garage doors 2) Each home fagade that faces a public area shall incorporate a minimum of two elements of fagade modulation or roofline variation. For each facade oriented towards a public area, a minimum of three ' architectural detail elements shall be provided. 6. Reduce code related monotony: 1) require average lot size of 3000 square feet and continue to require existing lot width standards of 50 feet outside of any easements in the SR-4.5 and SR-6 zones and 40 feet in the SR-8 zone. 7. Strengthen tree protection: 1) a tree survey shall be submitted with an application for Preliminary Long Plat and Short Plat. 2) In the required perimeter landscape area, all significant trees which will not constitute a safety hazard shall be preserved. In the site interior areas, 15% of the diameter inches of the existing significant trees shall be preserved or replaced. Prioritize preservation of the following types of significant trees: Healthy significant trees over 60 feet in height; Significant trees which form a continuous canopy; Significant trees which contribute to the character of the environment, and do not constitute a safety hazard; Significant trees in , areas of steep slopes or adjacent to watercourses or wetlands. 8. Permit mixed housing types: Subdivisions may include up to 25% attached units, up to four units on any lot. Attached units are subject to same architectural standards found in item 5. Attached units shall be similar in scale to surrounding single family units and incorporate similar materials and architecture. Garages associated with ' attached units shall be diminished. Where attached units are located on lots with multiple residential street frontages, a primary, covered entry shall be located on each of these frontages. In order to encourage diversity of housing types in new neighborhoods, the Multi-family Design Review process is waived. 9. Improve storm-pond aesthetics: 10 foot wide, type II perimeter landscaping is required for standard storm-ponds. Aesthetically enhanced fences such as split , rail/chain link combination are also required. 10. Streamlined process: When determining the allowed number of units for a subdivision, all site area may be used in the calculation. If calculations result in a ' fraction, the fraction shall be rounded to the nearest whole number as follows: Fractions of 0.50 or above shall be rounded up; and fractions below 0.50 shall be rounded down. Key elements of Option 1: , Maintains wide lots, increases side yard setbacks, do not provide actual lot area flexibility. One of the desired outcomes expressed by the public was creation of more space , between buildings. Increasing side yard setbacks from the current 5 feet (10 when counting both sides) to a total of 16 feet would meet this goal by requiring ' builders and developers to either create larger lots, or build smaller homes As new homes in Kent are typically about 60 feet deep, this added 6 feet of side Staff Report-ZCA-2006-3 Res Dev Stds , LUPB Hearing—November 13,2006 Page 4 of 8 yard area would require that an additional 360 square feet per lot remain un- built. Like Options 2 and 3, Option 1 requires dedication of land area associated with park space and perimeter landscaping. Unlike the other options, Option 1 also ' substantially increases side-yard setbacks, and gives very little flexibility that would allow new neighborhoods to achieve densities allowed in the Zoning Code. Option 2: Flexibility with safeguards 1. Open space. Residential developments of more than four units in the SR 4.5, 6 and 8 zones shall provide fully accessible recreation space for leisure, play and sport activities at a rate of 450 square feet of open space per unit. Open space dedication area may be provided as a dual purpose stormwater pond per the requirements of the Kent Surface Water Design Manual. 2. Set-backs: Side-yards. 5 foot minimum side yard setbacks for homes which provide special Fire Department approved life safety measures, 8 foot side yard setbacks for homes which do not provide these measures. Rear-yard: 10 feet. 3. Perimeter buffering: Unified perimeter fencing and a 10 foot landscape buffer within a landscape tract are required along all perimeter streets, except where direct street access to lots is provided. Planting and fence construction shall be completed prior to or in conjunction with issuance of a building permit on any lot within the subdivision. 4. Streetscape environment: 1) 10 foot maximum front yard setback for living space of home, 20 feet for lots located on the radius of a cul-de-sac. Garages are exempt and require a 20 foot X 20 foot connected paved area not to include sidewalks or access easements. 2) The entry facade of each single family home shall be oriented towards the highest classification street from which access to the lot is allowed. 5. Improve building aesthetics: 1) 70% of homes in subdivisions shall include home designs that visually d1m1n1sh garage doors 2) Each home facade that faces a public area shall incorporate a minimum of two elements of facade modulation or roofline varnatlon. For each facade oriented towards a public area, a minimum of three architectural detail elements shall be provided. 6. Reduce code related monotony: Require average lot size of 3000 square feet and ensure that each new lot is buildable by requiring a 30 foot diameter circle to be maintained outside of any easements within each lot. Lot frontage width shall be a minimum of 20 feet and there shall be a minimum of 15 feet between driveways. 7. Strengthen tree protection: 1) a tree survey shall be submitted with an application for Preliminary Long Plat and Short Plat. 2) In the required perimeter landscape area, all significant trees which will not constitute a safety hazard shall be ' preserved. In the site interior areas, 15% of the diameter inches of the existing significant trees shall be preserved or replaced Prioritize preservation of the following types of significant trees: Healthy significant trees over 60 feet in height; Significant trees which form a continuous canopy; Significant trees which contribute to the character of the environment, and do not constitute a safety hazard; Significant trees in areas of steep slopes or adjacent to watercourses or wetlands. 8. Permit mixed housing types: Subdivisions may include up to 25% attached units, up to four units on any lot. Attached units are subject to same architectural standards found in item 5. Attached units shall be similar in scale to surrounding single ' family units and incorporate similar materials and architecture. Garages associated with Staff Report-ZCA-2006-3 Res Dev Stds LUPB Hearing—November 13,2006 Page 5 of 8 attached units shall be diminished. Where attached units are located on lots with multiple residential street frontages, a primary, covered entry shall be located on each of these frontages. In order to encourage diversity of housing types in new neighborhoods, the Multi-family Design Review process is waived. 9. Improve storm pond aesthetics: 10 foot wide, type II perimeter landscaping is required for standard storm-ponds. Aesthetically enhanced fences such as split , rail/chain link combination are also required. 10. Streamlined process: When determining the allowed number of units for a subdivision, all site area may be used in the calculation. If calculations result in a fraction, the fraction shall be rounded to the nearest whole number as follows: Fractions of 0.50 or above shall be rounded up; and fractions below 0.50 shall be rounded down. Key elements of Option 2: Option 2 essentially retains current side yard set-back requirements and satisfies life safety concerns. By reducing lot-width requirement and allowing flexible lot sizes, option 2 allows zoning density standards (4.5, 6 or 8 units per acre) to control level of development. This option is very similar to the lot size and density approach used in Kent's current PUD code. Option 2 requires the highest levels of amenity, balanced with more flexibility of lot area than the other options. While standards for space between buildings will remain unchanged, architectural improvements, reduced garages, on-site recreation space and perimeter buffering will dramatically improve visual environment and reduce j perceived over-crowding. Option 3: Flexible lots with large setbacks 1. Open space: Residential developments of more than four units in the SR 4.5, 6 and 8 zones shall provide fully accessible recreation space for leisure, play and sport , activities at a rate of 450 square feet of open space per unit. Open space dedication area may be provided as a dual purpose stormwater pond per the requirements of the Kent Surface Water Design Manual. , 2. Set-backs: Side yard: 50% of new homes in a subdivision may use 5 foot setbacks with special Fire Department approved life safety measures, or 8 feet without these measures. The remaining 50% of homes shall provide a sum of 16 feet of side yard , setback as described in Option 1. Rear yard: 10 feet. 3. Perimeter buffering: Unified perimeter fencing and a 10 foot landscape buffer within a landscape tract are required along all perimeter streets, except where direct street access to lots is provided. Planting and fence construction shall be completed prior to or in conjunction with issuance of a building permit on any lot within the subdivision. 4. Streetscape environment: 1) 10 foot maximum front yard setback for living space of home, 20 feet for lots located on the radius of a cul-de-sac. Garages are exempt and require a 20 foot X 20 foot connected paved area not to include sidewalks or access easements. 2) The entry fagade of each single family home shall be oriented towards the highest classification street from which access to the lot is allowed. 5. Improve building aesthetics: 1) 50% of homes in subdivisions shall include , home designs that visually diminish garage doors 2) Each home fagade that faces a public area shall incorporate a minimum of two elements of fagade modulation or , Staff Report-ZCA-2006-3 Res Dev Sites WPB Hearing—November 13,2006 Page 6 of 8 roofline variation. For each facade oriented towards a public area, a minimum of three architectural detail elements shall be provided. 6. Reduce code related monotony: Require average lot size of 3000 square feet and ensure that each new lot is buildable by requiring a 30 foot diameter circle to be maintained outside of any easements within each lot. Lot frontage width shall be a minimum of 20 feet and there shall be a minimum of 15 feet between driveways. 7. Strengthen tree protection: 1) a tree survey shall be submitted with an application for Preliminary Long Plat and Short Plat. 2) In the required perimeter landscape area, all significant trees which will not constitute a safety hazard shall be preserved. In the site interior areas, 15% of the diameter inches of the existing significant trees shall be preserved or replaced. Prioritize preservation of the following types of significant trees: Healthy significant trees over 60 feet in height; Significant trees which form a continuous canopy; Significant trees which contribute to the I character of the environment, and do not constitute a safety hazard; Significant trees in areas of steep slopes or adjacent to watercourses or wetlands. 8. Permit mixed housing types: Subdivisions may include up to 25% attached units, up to four units on any lot. Attached units are subject to same architectural standards found in item 5. Attached units shall be similar in scale to surrounding single family units and incorporate similar materials and architecture. Garages associated with attached units shall be diminished. Where attached units are located on lots with multiple residential street frontages, a primary, covered entry shall be located on each of these frontages In order to encourage diversity of housing types in new neighborhoods, the Multi-family Design Review process is waived. 9. Improve storm-pond aesthetics: 10 foot wide, type II perimeter landscaping is required for standard storm-ponds. Aesthetically enhanced fences such as split rail/chain link combination are also required. 10. Streamlined process: When determining the allowed number of units for a subdivision, all site area may be used in the calculation. If calculations result in a fraction, the fraction shall be rounded to the nearest whole number as follows: Fractions of 0.50 or above shall be rounded up; and fractions below 0.50 shall be rounded down. Key elements of Option 3: Option 3 works to create variation in setbacks by requiring that a portion of lots increase setbacks, while others remain at current standards. Includes lower standard than Option 2 for reduced garages. By reducing lot-width requirement and allowing flexible lot sizes, Option 3 also allows zoning density standards (4 5, 6 or 8 units per acre) to control level of development. While amenity requirements are included, the larger setbacks required in Option 3 create limited flexibility in achieving densities allowed in the Zoning Code. STAFF RECOMMENDATION: Option 2. ,1 In addition to on site recreation/open space, architectural design requirements and perimeter buffering, Option 2 requires the highest level of visual improvement by requiring 70% diminished garage doors and architectural requirements. The lot size flexibility presented in this ' Staff Report-ZCA-2006-3 Res Dev Stds LUPB Hearing—November 13,2006 Page 7 of 8 option allows for neighborhoods to be constructed consistent with the densities envisioned by the City's adopted Comprehensive Plan. ' Terms Special Fire Department approved life safety measures-Upper story rescue windows accessible , from the front and rear of a home; self-contained, automatic fire suppressing sprinkler system. Diminished garage doom Garage doors typically create long and flat wall planes that are often considered unappealing. When prominent garages are used repeatedly on a street, they often create distinct monotony. Options for diminishing the visual prominence of these features are numerous. One option is to create a side entry garage. This moves the garage door to a visually less prominent side wall and allows the front facade to be finished with a window or other architectural feature; setting the garage door back at least ten feet from the entry fagade; using a detached garage located in the rear half of the lot; providing alley access to a garage behind the house. Public areas Includes public or private roadways, pedestrian paths, parks, open spaces or other common spaces. Facade modulation and roofiine varation: Each fagade that faces a public area shall incorporate a minimum of two elements of fagade modulation or roofllne modulation. The maximum horizontal facade length without one element of either facade modulation or roofllne variation shall be twenty (20) feet. Facade modulation standards shall include: The minimum modulation depth shall be 3 feet, and the minimum modulation width shall be 8 feet. Roofline variation standards shall include: The minimum horizontal or vertical offset shall be 3 feet; the minimum variation length shall be 8 feet and shall be accomplished by using on or more of the following elements: Vertical off-set in ridge line; horizontal off-set in ridge line; variations of roof pitch; gables; or any other technique approved by the Planning Manager that achieves the intent. Architectural detail elements All facades oriented towards a public area shall include three , detail elements. These may include contrasting trim of minimum 5 1/2 inch width around all doors and windows of a facade, window shutters, minimum 50 square foot covered area around point of entry (min. 5 feet deep); minimum 3 foot deep eaves; minimum of 2 distinct finish materials (excluding trim material). C4IKMJMGlpm5.lpermitlPlaniZONECODE4MEND120061ZC4-2006-3 ResDev5tdsIN0V35thpt. Enc Env-2006-79 EIS Adoption and Addendum,and Env-2006-79 Checklist CC Fred N Satterstrom,AICP,C D Director Charlene Anderson,AICP, Planning Services Manager ' Kim Marousek,AICP, Principal Planner Matthew Gilbert,AICP, Planner Parties of Record Project File Staff Report-ZCA-2006-3 Res Dev Stds , LUPB Hearing—November 13,2006 Page 8 of 8 j 13 ADOPTION OF EXISTING ENVIRONMENTAL DOCUMENTS • #ENV-2006-79 KIVA #RPSA-2065170 KENT WASNINGTON Adoption Document(s): EIS Description of current proposal: The action proposed by the City consists of the adoption of modifications to the subdivision and zoning codes related to residential development standards within the SR-4.5, SR-6 and SR-8 zoning districts. 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 1 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 appropriate 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) 856-5436 ' Principal Planner City of Kent Community Development Dept. 220 Fourth Ave South Kent, WA 98032 Date: 11/6/06 Signa404&M4(a� ' ch:5:\Permit\Plan\Env\2006\resdevstdsadopt.doc i 15 COMMUNITY DEVELOPMENT Fred N. Satterstrom, AICP, Director PLANNING SERVICES Charlene Anderson, AICP, Manager K E N T Phone 253-856-5454 _ WASMINGTON Fax 253-856-6454 Address. 220 Fourth Avenue S. Kent, WA 98032-5895 CITY OF KENT ADDENDUM TO THE KENT COMPREHENSIVE PLAN ENVIRONMENTAL IMPACT STATEMENT (#ENV-93-51) Revise Kent City Code Chapter 12.04 and Title 15 ZCA 2006-3 (KIVA 2062551) ENV 2006-79 KIVA #RPSA-2065170 Responsible Official: Kim Marousek SCOPE The City of Kent has completed environmental analysis, pursuant to the State Environmental Policy Act (SEPA), for options related to modifications to the subdivision and zoning codes related to residential development standards within the SR-4 5, SR-6 and SR-8 zoning districts Specifically, the proposed code amendments seek to require open space within subdivisions, increase side and rear yard setbacks and front yard setbacks on lots located on the radius of a cul-de-sac, require perimeter fencing and landscaping around subdivisions, allow flexible lot sizes and widths, strengthen tree ' preservation, allow attached housing units in single family residential zoning districts, increase perimeter landscaping around storm ponds, and incorporate design elements in residential construction. Three options were evaluated under SEPA: ' Option 1 — Regulatory with amenities: This option reduces minimum lot size but maintains 50-foot lot widths, increases side 1 and rear yard setbacks, requires open space and perimeter landscaping, allows attached housing units, requires design amenities including 50% of homes that visually diminish garage doors, and strengthens tree preservation. The proposed regulations provide little flexibility to achieve densities allowed by the zoning designation. Option 2 — Flexibility with safeguards ' Option 2 reduces minimum lot size and width, increases rear yard setbacks, generally maintains existing side yard setbacks, requires open space and perimeter landscaping, allows attached housing units, and requires a greater percentage of design amenities 16� ENV-2006-79 Residential Development Standards Comprehensive Plan EIS - Addendum than does Option 1, including 70% of homes that visually diminish garage doors. The , proposed regulation provides the highest levels of amenity among the options and balances that with flexibility in lot area. Option 3 — Flexible lots with large setbacks Option 3 in similar to Option 2 but allows existing side yard setbacks in only 50% of the lots, with 50% of the lots requiring the side yard setbacks of Option 1. The proposed regulations create limited flexibility to achieving densities allowed by the zoning designation. Additional information about the zoning alternatives can be found in the Planning Services Staff Report to the Land Use and Planning Board dated November 6, 2006 which is included in the addendum packet. The SEPA analysis covers the alternatives described above. The scope of this addendum adds analysis to the Comprehensive Plan Environmental Impact Statement (EIS) in the following areas: earth, air, water, land use, housing, and transportation. BACKGROUND ' Based on City Council and community concerns regarding residential subdivision design, staff initiated extensive public outreach to determine desired outcomes for residential subdivision construction. The proposed amendments attempt to balance land-intensive regulations and achievable zoning densities within desirable design parameters. The proposed amendments do not seek to modify any underlying zoning or comprehensive , land use designations. This environmental analysis provides an addendum to the City's Comprehensive Plan EIS related to this nonproject action. 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. , The EIS analyzed the environmental impacts of the Comprehensive Plan, which was adopted April 18, 1995. The purpose of the EIS for the Comprehensive Plan was to assess the impacts of the Plan on the City and its growth area. The EIS does not analyze the significance of site specific impacts; it analyzes the significance of impacts on a broad area. This Addendum to the Kent Comprehensive Plan EIS provides additional information regarding potential significant adverse impacts associated with the proposed code Page 2 of 7 17 ENV-2006-79 Residential Development Standards Comprehensive Plan EIS - Addendum amendments. Analysis shows that adopting the subdivision and zoning amendments may cumulatively allow greater achieved density than currently achieved, but the amendments do not allow densities greater than previously evaluated, and will not create the need for mitigation beyond that which was identified in the Comprehensive Plan EIS. Statement of Consistency Future project permit applications will be subject to and shall be consistent with the following: City of Kent Comprehensive Plan, the Kent City Code, Uniform Fire Code, Uniform 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 — Scope of EIS Addendum The City of Kent has followed the process of phased environmental review as it undertakes actions to implement and amend 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. Non project 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 budding 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. 1 Prior Enwronmenta/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 1 Environmental Impact Statement (FEIS) was issued on January 30, 1995, and the Page 3 of 7 18� ENV-2006-79 Residential Development Standards Comprehensive Plan EIS - Addendum Comprehensive Plan was adopted by the City Council on April 18, 1995. Therefore, the impacts of the Land Use Element adopted in the Comprehensive Plan are within the range of impacts evaluated in the EIS. Scope of Addendum— As outlined in the SEPA rules, the purpose of an addendum is to provide environmental analysis with respect to the land use and zoning designation for the subject property. 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 analyzed for consistency with the original mitigating conditions and may require new mitigation based upon site-specific conditions. The proposed amendments support many of the housing and community design goals and policies of the Kent Comprehensive Plan: Policy LU-10.4 Allow single-family housing on a variety of lot sizes ' Goal LU-11 Revise development regulations to encourage single-family and multifamily development that is more flexible and innovative in terms of budding, street standards for private roads, and site design. Policy LU-11.1 Support the achievement of allowable density in single-family developments through flexibility and creativity in site design. Goal CD-14 Lay out neighborhoods that are oriented to the pedestrian and foster a sense of community. Policy CD-14.2 Encourage residential site and building design that contributes to an attractive, pedestrian-friendly environment along neighborhood streets. Decreasing the visual prominence of garages and incorporating porches, stoops, and functionally- , opening windows which face the street foster community interaction. Goal CD-15 Encourage creativity and high quality of residential site design and architecture. Policy CD-15.2 Limit the repetitive character of new development, by encouraging , diversity among dwelling units in the use of color, building materials, floor plan layouts and roof lines. Maintain continuity of a few design features to provide context between individual units and the neighborhood. Page 4 of 7 19 ' ENV-2006-79 Residential Development Standards Comprehensive Plan EIS - Addendum Policy CD-15.4 Reduce front-yard setbacks in single-family residential districts to allow for greater design flexibility while ensuring an inviting human scale. Goal CD-17 Provide multifamily building architecture and site design that reflects positive features of the single-family home architecture. Policy CD-17.6 Provide open spaces which will accommodate a wide variety of activities, both semi-public and private to include plazas, courtyards, small parks, and other open spaces in which residents can interact with one another or the community-at-large. Policy CD-20.2 The City should adopt development standards that minimize environmental impacts of development through an appropriate balance of regulations and incentives. Incentives could be tied to compliance with criteria applied throughout the development process. Discussion of Environmental Elements Earth Grading is anticipated with future project actions which will be subject to site-specific environmental review and the application of appropriate City codes and ordinances. No impacts will result from the nonprolect action of the zoning code amendment. Air Generally, impacts to the air quality associated with these proposed changes could occur from the future potential development and redevelopment of the affected properties. Upon development of properties short term impacts could be associated with ' construction activities on specific properties. Long term an increase in vehicular trips would be associated with the increase in potential achieved density. Those impacts would be evaluated on an individual basis with specific development proposals. Land Use The SR-4.5, SR-6 and SR-8 zoning districts would be affected by the proposed code amendments. Increased open space would be provided and increased achieved densities are likely with the proposed flexibility in lot sizes. However, this code amendment will not modify existing zoning designations. iPlease refer to the November 6, 2006 staff report for additional land use discussion. Housing A range of future residential development could occur as a result of potentially increased achieved densities with any of the alternatives proposed. However, densities will not exceed that allowed under the existing zoning designations. Page 5 of 7 20� ENV-2006-79 , Residential Development Standards Comprehensive Plan EIS - Addendum Transportation The transportation system for year 2020 includes those improvements itemized in the City of Kent Transportation Improvement Plan, including the completion of the South 228th Street and South 196th Street corridors. Other assumptions built into this ' modeling effort include completion of state and regional projects such as the currently planned expansions of SR 167, SR 405, and SR 509. In general, it appears as if the City's 2020 transportation system will adequately handle most of the demands of the City of Kent 2020 Land Use Plan with densities inclusive of the potential additional achieved density associated with the proposed options. However, it's impossible to predict the effect of future pass-through traffic from developments in neighboring jurisdictions. It is expected that as the City increases in density, the availability and frequency of transit services will also increase in step with that population density. King County Metro's current Six Year Transit Development Plan outlines specific upgrades of transit service on routes serving these corridors. Each subsequent Transit Development Plan should reflect additional transit services and facilities to keep pace with population density increases along the City's major transit corridors. The City of Kent is pro-active in transit planning and works cooperatively with both regional transit agencies to plan for anticipated growth. Although localized impact may occur from additional net density, the impacts would not be significant on a system wide basis. Local improvements could be required and would be evaluated at the project level. If traffic increases to a point where it exceeds the city's adopted Level of Service, a Local Improvement District could be formed or the city could add improvements to the Capital Improvement Program and/or Transportation Improvement Program. i II. Summary and Recommendation i 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 nonproject 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 extensive , analysis with regard to the environmental impacts associated with the implementation of the Comprehensive Plan. The mitigating conditions included Page 6 of 7 21 ENV-2006-79 Residential Development Standards Comprehensive Plan EIS - Addendum anticipated impacts associated with the increased traffic, sensitive areas and I stormwater runoff, as well as impacts to public services and utilities. The City has reviewed this nonproject proposal and has found it to be generally consistent with the range, types and magnitude of impacts and corresponding mitigation outlined in the Comprehensive Plan EIS. This analysis and subsequent addendum did not identify any new significant impacts associated with this proposal. 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 project-specific land use proposals on the subject property in accordance with the guidelines provided by WAC 197-11. 1 Dated: November 6, 2006 Signatui­6�1<_A017t A:�_ im Mar sek, AICP, esponsible Offici S:\Permit\Plan\Env\2006\resdevstdsaddendum doc 1 1 Page 7 of 7 23 APPLICATION FEE: 1 SINGLE FAMILY DWELLING ' ON INDIVIDUAL PARCEL: 2 Q CITY OF KENT PLANNING SERVICES ALL OTHERS: 70 (253) 856-5454 PUBLIC NOTICE BOARD ENT WASH I N O T G N $100 EACH BOARD __ ENVIRONMENTAL CHECKLIST APPLICATION FORM TO BE COMPLETED BY STAFF: APPLICATION #: �V'20ao= q KIVA #: p RECEIVED BY: DATE: PROCESSING FEE: ' A. STAFF REVIEW DETERMINED THAT PROJECT: Meets the categorically exempt criteria. Has no probable significant adverse environmental impact(s) and application should be processed without further consideration of environmental effects. Has probable, significant impact(s) that can be mitigated through conditions. EIS not necessary. Has probable, significant adverse environmental impact(s). An Environmental Impact Statement will be prepared. An Environmental Impact Statement for this project has already been prepared. Sign ure of Responsible Official Date B. COMMENTS: C. TYPE OF PERMIT OR ACTION REQUESTED: 119411 Ccrico 15 Z, %bliu ) f D. ZONING DISTRICT:0�41i UV1'I��n " �City of Kent Planning Services 24 Environmental Checklist— Page 2 I �I TO BE COMPLETED BY APPLICANT: A. BACKGROUND INFORMATION: 1 Name of Project City of Kent Residential Design Standards Update j 2 Name of Applicant: Kent Planning Services Mailing Address- 400 West Gowe Street, Kent, WA 98032 Contact Person* Matt Gilbert, AICP Telephone 253 856 5454 (Note that all correspondence will be mailed to the applicant listed above ) 3 Applicant is (owner, agent, other)* 4. Name of Legal Owner Telephone, Mailing Address 5. Location Give general location of proposed project (street address, nearest intersection ' of streets and section, township and range). Proposed code changes will be city-wide and affect properties in the SR-4 5, SR-6 and SR-8 zoning districts 6. Legal description and tax identification number a Legal description (if lengthy, attach as separate sheet)- NIA b. Tax identification number N/A r 7. Existing conditions- Give a general description of the property and existing I improvements, size, topography, vegetation, sod, drainage, natural features, etc (if necessary, attach a separate sheet) City of Kent Planning Services 25 Environmental Checklist— Page 3 8. Site Area City-wide Site Dimensions- 9 Project description, Give a brief, complete description of the intended use of the property or project including all proposed uses, days and hours of operation and the size of the project and site (Attach site plans as described in the instructions) This project includes changes to Kent's subdivision and zoning code Proposal would amend development standards to allow more flexible lot geometry and area requirements in residential subdivisions Changes will be made to setback requirements and likely require on-site open space, perimeter landscaping and architectural requirements Additional project details can be found in the City of Kent staff report for the November 13, 2006 public hearing. 10 Schedule, Describe the timing or schedule (include phasing and construction dates, if possible) jCode amendments are expected to be effective in early 2007 1 11 Future Plans Do you have any plans for future additions, expansion or further activity related to or connected with this proposal? If yes, explain. Future phases of related code updates are expected. These will be associated with the City's PUD standards, new cottage housing standards, changes to the City's Surface Water Design Manual and Public Works Construction Standards 12 Permits/Approvals List all permits or approvals for this project from local, state, federal, or other agencies for which you have applied or will apply as required for your proposal DATE AGENCY PERMIT TYPE SUBMITTED" NUMBER STATUS"" 'Leave blank if not submitted "Approved, denied or pending 13. Environmental Information List any environmental information you know about that has been prepared, or will be prepared, directly related to this proposal 1 �City of Kent Planning Services 26 Environmental Checklist— Page 4 Kent Comprehensive Plan EIS Draft (July 1994) and Final (January 1995) and associated addenda 14 Do you know whether applications are pending for governmental approvals of other j proposals directly affecting the property covered by your proposal? If yes, explain No. i 1 � l I I i I I f 1 City of Kent Planning Services EVALUATION FOR 27 Environmental Checklist— Page 5 AGENCY USE ONLY B. ENVIRONMENTAL ELEMENTS 1. Earth a. General description of the site (circle one) Flat, rolling, hilly, steep slopes, mountainous, other This proposal generates no site-specific impacts Future development proposed under the contemplated standards will be subject to all City standards and regulations pertaining to grading and erosion control. b What is the steepest slope on the site (approximate percent slope)? N/A c. What general types of soils are found on the site (for example, clay, sand, gravel, peat, muck)? If you know the classification of agricultural soils, specify them and note any prime farmland N/A d. Are there surface indications or history of unstable soils in the immediate vicinity? If so, describe N/A e Describe the purpose, type and approximate quantities of any filling or grading proposed Indicate source of fill N/A f Could erosion occur as a result of clearing, construction, or use? If so, generally describe N/A g. About what percent of the site will be covered with impervious surfaces after project construction (for example, asphalt or buildings)> No changes are proposed to existing impervious surface limitations h. Proposed measures to reduce or control erosion, or other impacts to the earth, if any i This proposal generates no site-specific impacts Future development proposed under the contemplated standards will be subject to all City standards and regulations pertaining to grading and erosion control � City of Kent Planning Services EVALUATION FOR 28 Environmental Checklist— Page 6 AGENCY USE ONLY 2. Air a What types of emissions to the air would result from the proposal (Le , dust, automobile, odors, industrial wood smoke) during construction and when the project is completed? If any, generally describe and give approximate quantities if known This proposal generates no-site specific impacts Future development proposed under the contemplated standards will be subject to all federal, state and local standards and regulations pertaining to emissions of odor or air quality impacts b Are there any off-site sources of emissions or odor that may affect your proposal? If so, generally describe N/A c Proposed measures to reduce or control emissions or other impacts to air, if any N/A 3. Water a. Surface: 1) Is there any surface water body on or in the immediate vicinity of the site (including year-round and seasonal streams, salt water, lakes, ponds, wetlands)? If yes, describe type and provide names If appropriate, state what stream or river it flows into This proposal generates no site specific impacts Future development proposed under the contemplated standards will be subject to all City standards and regulations pertaining to surface and ground water, streams, wetlands and associated buffers. 2) Will the project require any work over, in or adjacent to (within 200 feet) the described waters? If yes, please describe and attach available plans No. i City of Kent Planning Services EVALUATION FOR 29 Environmental Checklist— Page 7 AGENCY USE ONLY 3) Estimate the amount of fill and dredge material that would be placed in or removed from surface water or wetlands and indicate the area of the site that would be affected Indicate the source of fill material N/A 4) Will the proposal require surface water withdrawals or diversions? Give general description, purpose, and approximate quantities, if known N/A 5) Does the proposal lie within a 100-year floodplain? If so, note location on the site plan N/A 6) Does the proposal involve any discharges of waste materials to surface waters? If so, describe the type of waste and anticipated volume of discharge N/A b. Ground: 1) Will ground water be withdrawn, or will water be discharged to ground water? Give general description, purpose, and approximate quantities, if known IN/A 2) Describe waste material that will be discharged into the ground from septic tanks or other sources, if any (for example. domestic sewage, industrial, containing the following chemicals ; agricultural, etc ) Describe the general size of the system, the number of such systems, the number of houses to be served (if applicable), or the number of animals or humans the system(s) are expected to serve N/A c. Water Runoff(including storm water): 1) Describe the source of runoff (including storm water) and method of collection and disposal, if any (include quantities, if known) Where will this water flow? Will this water flow into i � City of Kent Planning Services EVALUATION FOR 30 Environmental Checklist— Page 8 AGENCY USE ONLY other waters? If so, describe N/A 2) Could waste materials enter ground or surface waters? If so, i generally describe N/A d. Proposed measures to reduce or control surface, ground, and i runoff water impacts, if any: N/A 4. Plants a. Check or circle types of vegetation found on the site Deciduous tree; alder, maple aspen, other Evergreen tree- fir, cedar, pine, other Shrubs Grass Pasture Crop or grain Wet sod plants- cattail, buttercup, bulrush, skunk cabbage, j other Water plants- water lily, eelgrass, mdfod, other Other types of vegetation b. What kind and amount of vegetation will be removed or altered? j One element of the proposed changes seeks to strengthen the City's tree preservation requirements and require perimeter landscaping to be associated with each new subdivision c. List threatened or endangered species known to be on or near the site. City of Kent Planning Services EVALUATION FOR 31 Environmental Checklist— Page 9 AGENCY USE ONLY N/A d. Proposed landscaping, use of native plants, or other measures to preserve or enhance vegetation on the site, if any. One element of the proposed changes seeks to strengthen the City's tree preservation requirements and require perimeter landscaping to be associated with each new subdivision 5. Animals a. Circle any birds and animals which have been observed on or near the site or are known to be on or near the site Birds- hawk, heron, eagle, songbirds, other: Mammals deer, bear, elk, beaver, other Fish- bass, salmon, trout, herring, shellfish, other: b. List any threatened or endangered species known to be on or near the site N/A c. Is the site part of a migration route? If so, explain. The City of Kent is located along the migratory bird route known as the Pacific Flyway d Proposed measures to preserve or enhance wildlife, if any: None. 6. Ener-gy and Natural Resources a. What kinds of energy (electric, natural gas, oil, wood stove, solar) will be used to meet the completed project's energy needs? Describe whether it will be used for heating, manufacturing, etc. N/A b. Would your project affect the potential use of solar energy by adjacent properties? If so, generally describe. �City of Kent Planning Services EVALUATION FOR 32 Environmental Checklist— Page 10 AGENCY USE ONLY No c What kinds of energy conservation features are included in the plans of this proposals List other proposed measures to reduce or control energy impacts, if any N/A 7. Environmental Health j a Are there any environmental health hazards, including exposure to toxic chemicals, risk of fire and explosion, spill, or hazardous waste, that could occur as a result of this proposal? If so, describe No 1) Describe special emergency services that might be required N/A 2) Proposed measures to reduce or control environmental health hazards, if any N/A b. Noise 1) What types of noise exist in the area which may affect your project (for example- traffic, equipment operation, other)9 N/A 2) What types and levels of noise would be created by or associated with the protect on a short-term or a long-term basis (for example traffic, construction, operation, other)? Indicate what hours noise would come from the site N/A , 3) Proposed measures to reduce or control noise impacts, if any, N/A 8. Land and Shoreline Use a. What is the current use of the site and adjacent properties? The proposed amendments will apply to subdivisions in the City's SR-4 5, SR-6; and SR-8 zoning districts 33 City of Kent Planning Services EVALUATION FOR Environmental Checklist— Page 11 AGENCY USE ONLY b. Has the site been used for agriculture? If so, describe N/A ic Describe any structures on the site N/A d. Will any structures be demolished? If so, what? N/A e What is the current zoning classification of the site? The proposed amendments will apply to subdivisions in the City's SR- 4 5; SR-6; and SR-8 zoning districts No change to allowed density in these districts is proposed f What is the current comprehensive plan designation of the site? The proposed amendments will apply to subdivisions in the City's SF- 4 5, SF-6 and SF-8 Comprehensive Plan designated areas No change to the Comprehensive plan is proposed g If applicable, what is the current shoreline master program designation of the site? A portion of the effected sites are located around Lake Meridian, and designated Urban Lake Residential in the City's Shoreline Master Program h. Has any part of the site been classified as an "environmentally sensitive" area? If so, specify. Yes As the proposed code changes are City-wide, land encumbered with streams, wetlands, steep slopes and associated buffers is included in the geographic area affected by the proposed amendments i Approximately how many people would reside or work in the completed project? ' Unknown j. Approximately how many people would the completed project displace? None. City of Kent Planning Services EVALUATION FOR 34 Environmental Checklist— Page 12 AGENCY USE ONLY k Proposed measures to avoid or reduce displacement impacts, if any N/A I. Proposed measures to ensure the proposal is compatible with existing and projected land uses and plans, if any Proposed code changes require buffering and improved aesthetic considerations These changes are intended to reduce the visual impact associated with new subdivisions in Kent 9. Housing a Approximately how many units would be provided, if any? Indicate whether high, middle, or low income housing While the proposed code changes relate to residential development, no housing units will be created or eliminated b Approximately how many units, if any, would be eliminated? Indicate whether high, middle, or low income housing While the proposed code changes relate to residential development, no housing units will be created or eliminated c Proposed measures to reduce or control housing impacts, if any. None. 10. Aesthetics a What is the tallest height of any proposed structure(s), not including antennas, what is the principal exterior building material(s) proposed? Kent City Code limits the height of structures to 35 feet and 2 5 stories in the SR-4 5 and SR-6 zones and 30 feet/2 5 stones in the SR-8 zone No change to these standards is proposed b. What views in the immediate vicinity would be altered or obstructed? N/A c. Proposed measures to reduce or control aesthetic impacts, if any One of the primary desired outcomes associated with the proposed changes is general aesthetic enhancement of subdivisions Proposed new standards include buffer landscaping along arterial roadways, l City of Kent Planning Services EVALUATION FOR 35 Environmental Checklist— Page 13 AGENCY USE ONLY horizontal fagade modulation, roofline variation, architectural detail requirements, limitations on prominent garages, front-yard setback limitations and tree preservation requirements 11. Light and Glare a What type of light or glare will the proposals produce? What time of day would it mainly occur? No changes are proposed which would increase or decrease light and glare commonly associated with low to medium density residential development. b Could light or glare from the finished project be a safety hazard or interfere with views? N/A c. What existing off-site sources of light or glare may affect your proposal? N/A d. Proposed measures to reduce or control light and glare impacts, if any None. 12. Recreation a. What designated and informal recreational opportunities are in the immediate vicinity? The City of Kent currently maintains parks throughout the City, many of which are located in the single-family residential zones that are the subject of the proposed code amendments. b. Would the proposed project displace any existing recreational uses? If so, describe. No i c. Proposed measures to reduce or control impacts on recreation, including recreation opportunities to be provided by the project or applicant, if any ' While the code changes will affect properties city-wide, the proposed � City of Kent Planning Services EVALUATION FOR 36 Environmental Checklist— Page 14 AGENCY USE ONLY changes require that for subdivisions 4 lots and above, 450 square feet per new unit of on-s1te recreation space be provided 13. Historic and Cultural Preservation a Are there any places or objects listed on, or proposed for, national, state or local preservation registers known to be on or next to the site? If so, generally describe N/A b Generally describe any landmarks or evidence of historic, archaeological, scientific, or cultural importance known to be on or next to the site N/A c Proposed measures to reduce or control impacts, if any N/A , 14. Transportation a Identify public streets and highways serving the site, and describe proposed access to the existing street system Show on site plans, if any N/A b. Is site currently served by public transit? If not, what is the approximate distance to the nearest transit stop? King County Metro and Sound Transit currently serve the City of Kent with Park and Ride lots, bus routes and commuter rail and transit shuttles routes located throughout the City c How many parking spaces would the completed protect have? How many would the project eliminate? N/A d. Will the proposal require any new roads or streets, or improvements to existing roads or streets, not including driveways? If so, generally describe (indicate whether public or private) i '� City of Kent Planning Services EVALUATION FOR 37 ' Environmental Checklist— Page 15 AGENCY USE ONLY Per existing City and State regulations, each new subdivision of land must provide each lot with access to right-of-way and provide for adequate roadways These standards are applied on a site-specific basis at the time of proposed development ' e Will the project use (or occur in the immediate vicinity of) water, rail, or air transportation? If so, generally describe ` None anticipated ' f How many vehicular trips per day would be generated by the completed project? If known, indicate when peak volumes would occur The City of Kent generally anticipates ten new daily trips and one daily P M peak-hour trip to be associated with each residential lot The proposed changes however will not add to the residential densities contemplated in the City's Comprehensive Plan Accordingly, no trips beyond those previously contemplated will be allowed through the ' revised development standards g Proposed measures to reduce or control transportation impacts, if any None 15. Public Services a. Would the project result in an increased need for public services (for example fire protection, police protection, health care, schools, other)? If so, generally describe As future residential development associated with the proposed new standards will not take place at densities or in locations beyond those contemplated by the City's Comprehensive Plan, no unanticipated increase in demand for public services is expected b. Proposed measures to reduce or control direct impacts on public services, if any None 16. Utilities a Circle utilities currently available at the site: electricity, natural gas, water, refuse service, telephone, sanitary sewer, septic system, other 1 N/A 38 City of Kent Planning Services EVALUATION FOR Environmental Checklist—Page 16 AGENCY USE ONLY b. Proposed measures to reduce or control direct impacts on public services, if any. None. 16. Utilities i a. Circle utilities currently available at the site: electricity, natural gas, water, refuse service, telephone, sanitary sewer, septic system, other. N/A b. Describe the utilities that are proposed for the project, the utilities providing the service and the general construction activities on the site or in the immediate vicinity, which might be needed. N/A I C. SIGNATURE The above answers are true and complete to the best of my knowledge 1 , understand that the lead agency is relying on them to make its decision. i Signature. Date: t dy w�10 i �1 1 q 1 City of Kent Planning Services EVALUATION FOR 39 Environmental Checklist— Page 17 AGENCY USE ONLY DO NOT USE THIS SHEET FOR PROJECT ACTIONS D. SUPPLEMENTAL SHEET FOR NONPROJECT ACTIONS Because these questions are very general, it may be helpful to read them in conjunction with the list of the elements of the environment When answering these questions, be aware of the extent the proposal, or the types of activities likely to result from the proposal, would affect the item at a greater intensity or at a faster rate than if the proposal were not implemented Respond briefly and in general terms 1 How would the proposal be likely to increase discharge to water; emission to air, production, storage, or release of toxic or hazardous substances, or production of noise? The proposed changes are limited in scope to increase aesthetic standards, provide additional open space and decrease minimum lot size standards associated with the City's SR-4 5, SR-6 and SR-8 zoning districts No changes to the allowable per-lot impervious surface limitations, gross density, or Comprehensive Plan Map are proposed Proposed measures to avoid or reduce such increases are All existing City and State regulations pertaining to discharge of water, air emissions, toxic and hazardous substance and noise will continue to be in place to address these issues j2. How would the proposal be likely to affect plants, animals, fish, or marine life? The proposed changes include language to amend the City's tree preservation requirements The current regulation allows property owners broad latitude in removing existing significant trees from development sites in conjunction with site improvements. The proposed changes require that a minimum of 15% of the diameter of significant trees be preserved or replaced on the site, and incorporated into the development plan. ' Proposed measures to protect or conserve plants, animals, fish, or marine life? See above. 3. How would the proposal be likely to deplete energy or natural resources? City of Kent Planning Services EVALUATION FOR 40 Environmental Checklist— Page 18 AGENCY USE ONLY The proposed changes do not allow or facilitate the depletion of energy or natural resources beyond that currently associated with residential development Proposed measures to protect or conserve energy and natural resources are A number of regulations and programs are in place to protect or 1 conserve energy and natural resources Among these are local transit facilities and routes and construction codes that require energy efficient buildings Additionally, the proposed measures allow a more efficient use of land area, thus reducing the need for additional public Infrastructure 4 How would the proposal be likely to use or affect environmentally sensitive areas or areas designated (or eligible or under study) for governmental protection, such as parks, wilderness, wild and scenic rivers, threatened or endangered species habitat, historic or cultural sites, wetlands, floodplams, or prime farmlands? The open space requirements Incorporated into this proposal will increase accessibility to recreation space, though these areas will be privately owned and maintained Existing regulations pertaining to , wilderness, wild and scenic rivers, threatened or endangered species habitat, histonc or cultural site, wetlands, floodplams and pnme- farmlands will not be affected Proposed measures to protect such resources or to avoid or reduce impacts are Existing City and State regulations, which are not included in the scope of proposed changes 5 How would the proposal be likely to affect land and shoreline use, including whether it would allow or encourage land or shoreline uses incompatible with existing plans? The proposed code amendments are limited to single-family residential zones One element of the proposal allows for limited attached housing to be located within new subdivisions This aspect of the changes, if implemented, would be a departure from current City standards which allow only detached houses in the single-family zones Otherwise, no change to allowed uses are proposed The proposal does allow for flexibility in lot areas. The City's current standards have been identified as partially responsible for preventing current single-family developments from achieving the gross densities of 4 53, 6 05 and 8 71 units per acre as allowed under current zoning standards Relaxing the minimum lot area requirements will City of Kent Planning Services EVALUATION FOR 41 Environmental Checklist— Page 19 AGENCY USE ONLY encourage new neighborhoods to meet the envisioned densities expressed in the City's Comprehensive Plan and Zoning Code No changes to the City's Shoreline Master Program are envisioned. Proposed measures to avoid or reduce shoreline and land use impacts are. Desired outcomes expressed during the public outreach effort associated with developing the proposed changes included addressing the aesthetic impacts of current subdivision developments The proposed changes include buffering and architectural standards intended to address these impacts 6. How would the proposal be likely to increase demands on transportation or public services and utilities? The greater achieved densities likely to be associated with lot area flexibility will result in increased demands on the City's transportation network, as well as public services and utilities However, the densities allowed in the City's Zoning Code and Comprehensive Plan are not proposed to change and will continue to control maximum densities The City's Comprehensive Plan presents a unified plan for growth in the City and an analysis of needs required to accommodate the envisioned growth This plan contains elements related to transportation, land use, utilities, capital facilities and other public services The Comprehensive Plan map envisions residential densities in the subject areas of about 4 5, 6 and 8 units per acre Future demand on the transportation system, utilities and other public services is analyzed assuming these densities As the proposed changes to residential development standards do not allow densities above those envisioned in the Comprehensive Plan, the impacts of higher achieved densities have been identified and accounted for Proposed measures to reduce or respond to such demand(s) are: Plans for the transportation system, utilities, capital facilities and other public services are contained within the City's Comprehensive Plan The City also administers concurrency requirements associated with the Growth Management Act and applies mitigation requirements and impact fees to each new development on a project specific basil, 7. Identify, if possible, whether the proposal may conflict with local, state, 42 City of Kent Planning Services EVALUATION FOR Environmental Checklist— Page 20 AGENCY USE ONLY or federal laws or requirements for the protection of the environment No conflicts have been identified or are anticipated. MGIS IPermitlPlanIZONECODEAMEND120062CA-2006-3_ResDevStdsISEPA checklist COMMUNITY DEVELOPMENT LUPB Fred N. Satterstrom, AICP, Director WORKSHOP PACKET PLANNING SERVICES • Charlene Anderson, AICP, Manager KENT October 23, 2006 Phone 253-856-5454 WASHINGTON Fax 253-856-6454 Address 220 Fourth Avenue S Kent, WA 98032-5895 AGENDA LAND USE & PLANNING BOARD PUBLIC HEARING &WORKSHOP OCTOBER 23, 2006 7:00 P.M. LAND USE & PLANNING BOARD MEMBERS: CITY STAFF Jon Johnson, Chair Charlene Anderson, AICP, Planning Manager Dana Ralph, Vice Chair William D Osborne, AICP, Planner Steve Dowell Matthew Gilbert, AICP, Planner Tim Gimenez Kim Adams Pratt, Asst City Attorney Alan Gray Pamela Mottram, Administrative Secretary Jack Ottini This is to notify you that the Land Use and Planning Board will hold their regularly scheduled Public Hearing on MONDAY, OCTOBER 23, 2006 in the Kent City Hall, City Council Chambers at 7:00 p.m. followed by a Workshop The public is welcome to attend both the public hearing and workshop. All interested persons may have an opportunity to speak at the public hearing, although no public testimony will be taken at the workshop. Any person wishing to submit oral or written comments on the 2006 Annual Docket Report may do so prior to or at the meeting. The agenda will include the following item(s): 1. Call to order 2. Roll call 3. Approval of Minutes from the September 25, 2006 Meeting 4. Added Items to Agenda 5. Communications 6. Notice of Upcoming Meetings 1 7. PUBLIC HEARING: 2006 Annual Docket Report (WO) Consideration of the 2006 Annual Docket Report, recommending which proposals should be considered for action in the current annual amendment cycle. The docket includes amendments to the Comprehensive Plan Land Use and Zoning District Maps, and text amendments to Kent City Code and the Shoreline Master Program. 8. WORKSHOP: (Immediately Following) Residential Develooment Standards (MG) Discussion of proposed code revisions related to single family residential development standards. Any person requiring a disability accommodation should contact the City In Advance for more Information For TDD relay service for Braille, call 1-600-833-6385, for TDD relay service for the hearing impaired, call 1-800-833-6388 or call the Gty of Kent Planning Services directly at (253) 856-5499 (TDD) or the main line at (253) 856-5454 You may access the OtY2; webs/te at htW(/www o kent wa us/olanninailandusenlannmaboard/staffreoort asp for available download documents S IPelmRlPlan ILUPBI20060-9e daSI102306Hrg_Agda tIx L2 , U N U � J i L O 0 N N = C E - lA -on) C d acaiC mo M � ovcO E r ) Y $ v o a a pOv � ww 0 J ° oa v ° uU vo � ° O a >v no ° � �° mvn-Ooovao E � � ° vvmE , Lu,,� " o' �3EYwcva� voo a a. 3 N' v_� E o �" v Cm iO C v v v 3 v ` y w v u a 3 o Y' m m a� r E l+ o , '' E3uu �a�oiE'CJ,a v3 nv `UU > '.' : .. "' om� � a`°ivuvi 3 o v io a u o ° o E o E o �c rJo o %� o c o o) E Y c io O > OI 2 d a O E L a w n = u 3 m > u w 3 m a > u — m c a m w S o c � v m c v v a 0 low M= m W > m ° i c v o m O O in no N m C v > c � � o A � acnEnio 0 u L'o 1 u O L L U ? VI Y N rn ,� E n ° U v N 0 !Y Y N J 3 L V O c y Ol v@ O - J in C Y U Ql w O 3 -Q C Ol E >O N C n a \N L j, O E C ° m'ate°+ ° v o c v V -,v n 0 o c� Y.m u i ° a O E c E v a _ y Q) O vl `� C y v , U u m J O N O a� L a a n 3 ° > E c - - o 3 n >- > ° � U v u c m m E �� `" arai v 0 E o E mm v >' 31L M 0� =0 u � a � � � E E v o v u °o ° 0 � EEov � >c�� 0L°, uQ > �—i6 `o �ca � `vt_vE� 'C C ° C D_ •� - J a+L N L Y V v K i ° M /�/� m o E v v .. -a c E v o o E_ ° 3 1O '" `"' v io a %� v 'o ■r/ C v j �° a E o v E v n c v j N 0 o a3i a a o v-2� o m m n w °` � � acicE aa`�iov ° ovEma`�iocacoavi $ ca>� v -� �v�i � > °) o Us m o � mY �,t 2t � o .. � w ��sw � m LL w� W L E _d Q v o 0 000 >` T � U L w' Uf U w W °) �V > N ^ M Olt > .-� uoo � boa ai O U d cn cj .N, � o n J o N . M u L �N , C O O v w' h d C. �� YI u o C 14 V ce U Z�' ° E � @a = . § � \ E @§ 0 u \ \ / {0CL \ u �mo � @ � e @ B - @ ) � 0 � 2 e j\) 0 ƒ\ \ � > # �§Iya2® \ � e2 \ \ �®C '@ KE ) f\ -aC0a / y0 { & ) $ §) \ 3 ®? £ ) 22 ( � @@ - £ ! a ) J : ! » jeem : e 2u a) � , ' {# [ /{ \) /« 2/ [ƒ \« \ [ { ) \ \\ ( ( 2 = e= _ @ ; § \) { « } 5 />= \ { : )\QQ [\ u0 \ \ o R = - 2 - \\ / a]2 [ 5j { %$ ! � = W ; MM :0 = ) ) 0 e E2= a / $ ] A � {\ 0 \ } 7 \ � @ _ • ) 2± �3 /2 - « O f w@ 2 - ) }_ 73 / o) 2 ` - dt zu - - � )e2 N w � @ � $ t, k ` 2 { \ � } ( � \ � \ƒ \\ E ) u» ( @0 � ` m uz d E E 0 u U) a c 0 IA a i � W VI1 c O m u w O E i d a y ggNv � E vUw 0 O C � O 1A zK � oin IL dum > �� � y ip y m N ip v YOi 0 o O ,v, C `p a C- M O En v c L N i i C ti m m � a E E �, E 0 m c 7 > c a N 7o m C C .c N v Z' 0 0 ] 1p 4 vOi O 7 c v 3w '� a' a .8' Nm �.,... oN �. v 2 `� � rJE - v Ev vv @Z o+° ,. ° v " v aci c E u w `O v E m c m v �c v 5- c O c ,L o E CT vcwao 30 ° E _ 7 v � arkau mEr+ 0) -4 n O. K E N O 7 V y ."" v M in " > O v O C .� v 0 m U N L v1 N - E - E v vi vL E � .� aoi000 0 � �` � �� ouc Z'� � � 9Ev °: " m` Ca gmovVvMTpS O a O1 ur >w > , vTv :° v � > Ev �ncL v � v� � v � a� E � � vv aLEc � vrn � �a A E �o �a �n mcv�� rov :9Ywvv �,�c- un - CEO paSc � v c v 3 c �p n, ,p E N o u EE EQSv � v_�� o - .:� E ,�, ° vim° EEo3aov �'� Nvo � va�rv -� vvuu �n 'J' m ° �.^ 7 �n c �, L f6 avi v� E c > c __ v in u �n .. c E v m O N 7 N 6 C L C "" v `l v N OU 3 w C C N C V N N O N C U O i in vt O v L N m v o o E v o o ro S w _ E v v a v o 7 v v - 0�_ u a T C. v c u Z M o > ` o ° ° 30 c c w ° u ° > v u N - v t v 3 y i � m m u� m u C m�:° v� � � �� c � �c ami L fO vi3 ,u E La,� u > v � 3 vvi vci > d > E .cc vv ��° 3 E O va E uvi m � °.� u��i� c 3 ,v.vYn 0 :9 S v o+ �'a E T w O O L. O C N � OIU " a E u, oM w v) o rp N (Au u w v FA U O C o (D V CV 7oJrn 0 C 0 0 0 0 p O V1 ll1 vt vt u 01 N a� V R� ffl N YJ > 0 C 0 0 C1 O C 0 O' v U) L O_ in N a C E m m cc E Ln a 8 u � c 0 o 0 ._ o w u Z a � @ k 0 @a ® o 7 [ ) £ z Ira @ & \} @ u @ § - @ 0 \ � � u @ e � @ % t @ \ , f \\ ) ) /e \ f ( ��\/ ? 2 _\ }_} } % ke \ t - - ) }} I« } tt ® ` w � e _ / »- a = . E� e � � Eg }% / t \ 2 ] 7\2 , 7 tI � r62 = > ; § � _ � � = e ; \ % = wEt30\/{% � I» J - _ ) \ \4 (® \) { «a « = t « § & =s± m « \j\ ;° § ! \ (/\\ }?* \ ) £_ /z § \ 2 � ) � � ) ^~ ® �§ J2 \/]\ / { { `_ ` ® ?§ - } f7 7\ ( 2 /\ k ) ` § ` ° E2 `* a =� \ « ® ®® \\ {\\ \« z® a , , 2 ® - 3 = = »2a , 0 ® ! 0 U ° rl e 77 ' o 0 mtelz <77 � � l , = E= , ) _« /) « 2/ 2 ! {/ E 2f }\k\§= 2 $ ) G ° : 2 « 2 § Em § ±4 � : \ E 2 / + » 2r ` / ( 4 ) ) Qe \ 7 ± �_ /\{ § ) \)] r § % } /\ § ) � � ] & : E _ , : : � # g & ee3 : §t =_ � , _ � � EM J £ e E � S \ \ } ID ¥ § k §§ ( )\ u � � � � }Nz ue ) 0 � f r ) @ } M 2 ( ) % ! \ }\ � uz 1 � d iE 0 U H iZ O H v 7 a i i � L 3 O YI L VI C O V_ O G i qu 9 0 C V U r U �n � F= emu°v c° e N C O a J O co15 o c - o o v y v v 0 3 0 m u i N a C N i'".. O., w N v wo �' 7 a � o0v 3v `° L o oaai cw > o � ov � r"a y Ol aJL in C .L.+ vw o m G �— i C U N a s C t L a ip r0 N O O L @ v > o f c y o m o y aci c c o G m n ° o c o v o f o J o w °o M , U ° m v v v v o v o O a s = o o v, 9 v 3 5 � m i 3 n ¢ .o � vo o a ¢ uc °i p `c 3 y i pl O O C) O V W w W N i U v v v a �c a ° o o o i p G as 20 zc G o )na J o o �n U J o ., o )n V 41 rj —u) U N .ti YdUln 4.i w Q v a O E O E 2 H N p) )p C C7 t Er y v 0 G O O v C p y.� Vl O a L W U L d' J 7 In O. )y t C cn uz Kent City Council Meeting Date February 6, 2007 Category Bids 1. SUBJECT: TRAFFIC SIGNAL CABINET REPLACEMENT 2. SUMMARY STATEMENT: The bid opening for this project was held on January 23, 2006, with three bids received. The low bid was submitted by Cascade Signal Corporation, in the amount of$62,581.76. The Engineer's estimate was $64,000 - $71,000. C✓v�C�( aA ' 3. EXHIBITS: Public Works Director's memorandum 4. RECOMMENDED BY: Public Works Director (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT X ' Expenditure? X Revenue? N/A / Currently inthe Budget? Yes X A0 If no: Unbudgeted Expense: Fund Amount $ Unbudgeted Revenue- Fund Amount $ 6. CITY COUNCIL ACTIO ' Councilmember D,Ie., moves, Councilmember -42 nLo seconds to authorize the Mayor to enter into an agreement with Cascade Signal Corporation for the Traffic Signal Cabinet Replacement project in the amount of$62,581.76. DISCUSSION: —� ACTION. Council Agenda ' Item No 8A t PUBLIC WORKS DEPARTMENT Larry Blanchard Public Works Director • Phone 253-856-5500 Fax 253-856-6500 K E N T 4 A 5 H I N c T o N Address 220 Fourth Avenue S Kent, WA 98032-5895 DATE: January 24, 2007 TO: Mayor Cooke and Kent City Council FROM- John Rostad, Signal Engineer THROUGH: Larry Blanchard, Public Works Director SUBJECT: Traffic Signal Cabinet Replacement (re-bid) Award Bid opening for this project was held on January 23„ 2007 with three bids received. The low bid was submitted by Cascade Signal Corporation, in the amount of$62,581.76 The Engineer's ' estimate was $64,000 - $71,000. The Public Works Director recommends awarding this contract to Cascade Signal Corporation ' Bid Summary Cascade Signal Corporation $62,581.76 1 Northwest Signal Supply $80,250 88 McCain, Inc. $83,993.60 Engineer's Estimate between $ 64,000—$71,000 ' Mayor Cooke and Kent City Council Traffic Signal Cabinet ReplacenwN Prof-Recommendation m Award u 1pwocounalpkt200707Vcb6 doc 1 I REPORTS FROM STANDING COMMITTEES AND STAFF A. COUNCIL PRESIDENT B. MAYOR C. OPERATIONS COMMITTEE D. PARKS AND HUMAN SERVICES COMMITTEE E. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE F. PUBLIC SAFETY COMMITTEE G. PUBLIC WORKS H. ADMINISTRATION 1 I 1 REPORTS FROM SPECIAL COMMITTEES i CONTINUED COMMUNICATIONS ' A. 1 EXECUTIVE SESSION ACTION AFTER EXECUTIVE SESSION