HomeMy WebLinkAboutCity Council Meeting - Council - Agenda - 09/17/2013 CITY OF KENT
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September 17, 2013
Mayor Suzette Cooke
Dennis Higgins, Council President
Councilmembers
Elizabeth Albertson
m Bill Boyce
Jamie Perry
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Dana Ralph
u Deborah Ranniger
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Les Thomas CIFY CLERK
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KENT CITY COUNCIL AGENDAS
KENT September 17, 2013
W>_HI. N Council Chambers
Mayor Suzette Cooke
Dennis Higgins, President
Councilmember Elizabeth Albertson Councilmember Bill Boyce
Councilmember Jamie Perry Councilmember Dana Ralph
Councilmember Deborah Ranniger Councilmember Les Thomas
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COUNCIL WORKSHOP AGENDA
5:30 p.m.
Item Description Speaker Time
1. Downtown Subarea Plan Fred Satterstrom 60 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. Introduction of Lodging Tax Advisory Committee Appointee
D. Proclamation for National Public Lands Day at Park Orchard Park
E. Public Safety Report
F. Intergovernmental Reports
5. PUBLIC HEARINGS
6. PUBLIC COMMENT
7. CONSENT CALENDAR
A. Minutes of Previous Meeting and Workshop - Approve
B. Payment of Bills - Approve
C. Excused Absence for Councilmember Albertson - Approve
(Continued)
COUNCIL MEETING AGENDA CONTINUED
D. Ordinance Amending Kent City Code 8.01 — Establishing "Chronic
Criminal Nuisance" — Adopt
E. Ordinance Amending Kent City Code 15.02 and 15.04 regarding Group
Living Facilities — Adopt
F. Lodging Tax Advisory Committee Appointment — Confirm
G. Kent Public Facilities District Board Member Reappointment — Confirm
H. 2014 Mid-Biennium Budget — Set First Public Hearing Date
I. 2014-2018 Capital Improvement Plan — Set Public Hearing Date
S. OTHER BUSINESS
A. Karras Consulting Services
9. BIDS
10. REPORTS FROM STANDING COMMITTEES, STAFF AND SPECIAL COMMITTEES
11. EXECUTIVE SESSION AND ACTION AFTER EXECUTIVE SESSION
12. ADJOURNMENT
NOTE: A copy of the full agenda packet is available for perusal in the City Clerk's
Office. The Agenda Summary page and complete packet are on the City of
Kent web site at www.KentWa.gov
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.
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COUNCIL WORKSHOP
1) Downtown Subarea Plan
ECONOMIC and COMMUNITY DEVELOPMENT
Ben Wolters, Director
PLANNING DIVISION
Fred N Satterstrom, AICP, Planning Director
KEN T Charlene Anderson, AICP, Planning Manager
WASH IN Grow
Phone: 253-856-5454
Fax: 253-856-6454
Address: 220 Fourth Avenue S.
Kent, WA 98032-5895
September 12, 2013
TO: Mayor Suzette Cooke, Council President Dennis Higgins and City Council
Members
FROM: Gloria Gould-Wessen, AICP, Long Range Planner
RE: Downtown Subarea Action Plan, Land Use Plan Map & Zoning Districts Map
Amendments (CPZ/CPA-2012-1), and Mixed Use Overlay Regulations Code
Amendment (ZCA-2013-2)
MOTION: No Action — Council Workshop
SUMMARY: The Downtown Subarea Action Plan (DSAP) is a policy document that contains
actionable items intended to implement the vision for downtown Kent (see Attachment A).
The vision intends downtown to be a memorable, compact, livable community that is
economically vital, environmentally sustainable, and supported by a variety of
transportation options. The DSAP replaces the 2005 Downtown Strategic Action Plan (2005
DSAP). The DSAP is an 'action plan' and contains actionable items that will be
implemented over a 20-year period (see Attachment B). Also included in Attachment B is a
list of completed actions from the 2005 DSAP.
Goals and policies support a variety of actions in the DSAP. The proposed zoning and land
use plan map amendments are initiated based on actions within the updated DSAP.
Attachment C illustrates the aggregate of map amendments as recommended by the Land
Use & Planning Board (LU&PB) on August 121h. The Zoning Districts Map contains one area
North of James Street where there is both a Staff and LU&PB Recommendation. Parcel-
specific details of the aforementioned amendments are available in the DSAP project folder
(refer to Tab 2 in project folder).
The Mixed Use Overlay Regulations Code Amendment implements selected policies and
actions within the Land Use Element of the DSAP. The amendments will implement the
DSAP and apply Downtown Design Review to all properties zoned General Commercial
Mixed Use (GC-MU). The proposed code amendments would be applied city-wide (see
Attachment D for excerpts indicating substantive changes).
CH pm S:\Perrnit\P1an\C0MP PLAN AMENDMENTS\2012\CPA-2012-1 Downtown\Council\091713\Memo.doc
Enc: Attach A - 2013 Downtown Subarea Action Plan; Attach B - 2005 & 2013 DSAP Actions; Attach C - Land Use Plan Map &Zoning
District Map Amendments; and Attach D- Map of Affected Parcels and Mixed Use Overlay Amendments
cc: Ben Wolters, ECD Director
Fred Satterstrom,AICP, Planning Director
Charlene Anderson,AICP, Planning Manager
David Galazin and Kathy Hardy,Assistant City Attorneys
File CPZ/CPA-2012-1 &ZCA-2013-2
COUNCIL WORKSHOP
September 17, 2013
ATTACHMENT A
2013 DOWNTOWN SUBAREA ACTION PLAN
Please refer to DSAP project notebook to see Appendix A & B
See Tab #1
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DOWNTOWN SUBAREA ACTION PLAN
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TABLE OF CONTENTS
CHAPTER ONE -INTRODUCTION
PURPOSE 1-1
BACKGROUND 1-2
Planned Actions 1-3
Infill Exemption 1-4
ORGANIZATION OF REPORT 1-4
CHAPTER TWO- EXISTING CONDITIONS
ENVIRONMENTAL 2-1
DEMOGRAPHICS AND ECONOMICS 2-2
Population Trends 2-3
Employment Trends 2-3
Economic Trends 2-4
GROWTH ESTIMATES AND EXPECTATIONS 2-5
Planning Horizon&Assumptions 2-5
Methodology&Outcomes 2-6
Downtown Growth Alternatives 2-7
COMMUNITY SERVICES 2-9
Transportation 2-9
Police&Fire 2-10
Water&Sewer 2-11
Education 2-12
Parks &Open Space 2-13
King County Regional Justice Center 2-15
Social Services 2-15
CHAPTER THREE -THE VISION
VENTURE DOWNTOWN IN 2030 3-1
PUBLIC OUTREACH 3-3
Table of Contents v
CITY OF KENT IharvazPown Subarea Action l kin
CHAPTER FOUR-FRAMEWORK FOR DOWNTOWN
KENT DOWNTOWN DISTRICTS 4-1
West District 4-2
North District 4-3
Central Avenue District 4-5
East District 4-5
South District 4-6
Historic District 4-7
DOWNTOWN GOALS—POLICIES —ACTIONS 4-8
Land Use Element 4-8
Urban Design Element 4-10
Housing Element 4-13
Transportation Element 4-13
Parks Element 4-16
Environmental Sustainability Element 4-18
Public Safety Element 4-19
Utilities Element 4-20
Economic Development Element 4-22
LAND USE PLAN MAP
APPENDICES
A. EMPLOYMENT&HOUSING GROWTH RESOURCES AND METHODOLOGY
Data Resources A-1
Methodology A-2
B. VENTURE DOWNTOWN KENT COMMUNITY ENGAGEMENT
C. DOWNTOWN SUBAREA ACTION PLAN DRAFT SUPPLEMENTAL ENVIRONMENTAL
IMPACT STATEMENT
Table of Contents v
(TIN OF KE:NT' Zlamdreatamdrea Vmbare. Ae.tearrea Han
CHAPTER ONE
INTRODUCTION
PURPOSE
Since the days when Kent was a valley agricultural community, Downtown Kent has
served as the civic and commercial focus of the City. In recent decades, however,
suburbanization has given rise to several outlying retail centers and regional
shopping centers that have shifted economic activity away from Downtown.
Recognizing the challenges urban sprawl has created for Downtown, the City has
supported proactive planning and public improvements in an effort to maintain
Downtown's vitality. The designation of Downtown as a regional urban center
under the Growth Management Act (GMA) acknowledges Kent's commitment to
the future of Downtown. Public buildings have been constructed, infrastructure
improvements made, and a regional transportation system built over the past few
decades have made Downtown attractive to private development Ensuring
Downtown Kent remains the heart and civic center of the community requires a
great amount of planning, investment, and stubborn vigilance.
The City of Kent Downtown Subarea Action Plan(the Plan)pursues a dense, mixed-
use urban center that complements transit, as described in the Comprehensive Plan,
and as expressed in this document. By translating the Comprehensive Plan's general
objectives into a redevelopment strategy consisting of an integrated set of civic
actions, the Plan serves as a basis for developing the urban center and implementing
the Comprehensive Plan. Grounded by an extensive community participation
process, the Plan outlines methods for encouraging infill and redevelopment
compatible with the economic, environmental, and planning goals of the community.
The Plan also provides a framework for project-level planning and development
supported by a Planned Action Ordinance and hnfill Exemption discussed later in
this chapter.
Introduction 1-1
(TIN OF KEN3' Zlamdreatamdrea Vmbare. Ae.tearrea Han
To ensure alignment with the Regional Growth Strategy, the Plan is updated under
the guidance of the GMA (RCW 36.70A), King County Countywide Planning
Policies (CPPs), and Puget Sound Regional Council's (PSRC) VISION 2040 and
Transportation 2040. The Plan addresses the policy areas in VISION 2040. The
Plan strives for a balance in jobs and housing targets through policies and action
items to increase density and mix of uses. Diversity of housing options for all
incomes is encouraged. New construction will employ environmentally-friendly
development techniques. All modes of transportation are emphasized in the Plan by
strengthening the pedestrian and bicycle connections to adjacent neighborhoods,
regional trails, nearby parks, and the Sound Transit Commuter Transit Center.
Design standards to increase the livability throughout Downtown focus on human
scale of streets and structures. The economic development element supports the
creation of jobs and bringing a mix of services and housing into the urban center.
The Plan intends to strengthen the link between this policy document and the Kent
Comprehensive Plan, as well as acknowledge changes in Downtown that have
occurred since the 2005 Downtown Strategic Action Plan (2005 DSAP). The Plan
revises the goals, policies, and actions based on input from the community and
leadership. hi the current updates, the boundaries of the Downtown study area have
expanded to acknowledge the connection these surrounding commercial and
residential areas have with Downtown. The Downtown Design Guidelines will
influence development within the expanded boundaries, ensuring design continuity
with an emphasis on multimodal transportation options, pedestrian-friendly
development, and environmental sustainability.
BACKGROUND
Downtown Kent was established as the commercial center of Kent in the early
1900's when it served as a market town for a thriving agricultural valley The
pattern of retail trade and office development has changed in Kent since that time.
Suburbanization that has been occurring over the past 50 years has challenged the
economic vitality of Downtown. Traffic created by a burgeoning suburban
population has also not been kind to Downtown, congesting streets with pass-
through commuters. With all the challenges, Downtown is the host for a variety of
community activities and festivals, a walkable historic core, and civic services,
providing an emotional reminder that Downtown is still the heart of the city.
Introduction 1-2
CITY OF KENT' Zlamdreatamdrea Vmbare. Ae.tearrea Han
This feeling of the prominence of Downtown has existed in Kent since the first
downtown plan —the 1966 John Graham Plan—nearly a half century ago. At that
time, the City sought to enhance the downtown core by rezoning properties and
diverting through traffic. Many changes have occurred in Downtown since the
Graham Plan was adopted. The City and the Kent Downtown Partnership (KDP)
have worked diligently to maintain the vitality of the historic commercial core. To
follow up on the 1966 John Graham Plan and local efforts, the 1989 Downtown
Plan, 1997 Downtown Strategic Action Plan (DSAP), and 2005 DSAP Update
outlined goals, policies, and actions to address the changes that were occurring in
Downtown. These plans also attempted to direct change itself. It is this latter
objective that drives the current update of the plan; that is, that change is not
necessarily random or uncontrollable. By engaging the community, creating
purposeful goals and actions, and diligently pursuing implementation, the future can
be influenced.
The Plan is more than a collection of actionable strategies, however. It is a subarea
plan, complete with goals and policies that address land use, transportation, parks
and open space, economic development, urban design, and other elements. These
goals and policies have been taken from a number of sources, including the
Comprehensive Plan document, reviewed and revised by staff to reflect the vision
for Downtown as expressed in the Planning Principles and community input.
Planned Action
The Downtown Subarea Action Plan provides the foundation for a Planned Action
for a portion of Downtown. Planned Actions and their associated EIS process is a
relatively new component of environmental law in Washington State that is gaining
popularity as it becomes more well-known. The process is straightforward, and
more and more cities are utilizing it as a proactive economic development incentive.
Local jurisdictions with an adopted comprehensive plan can opt to develop a 20-year
vision for a subarea or neighborhood and create a subarea plan based on a Planned
Action EIS. The Planned Action EIS evaluates the significant adverse impacts and
reasonable mitigation measures associated with the development proposed in the
subarea plan. Whenever a Planned Action ordinance (PAO) is adopted, an agency
reviewing any subsequent project proposal in the planning area must first determine
that the project is consistent with the earlier subarea plan Planned Action EIS.
Typically, this means that a submitted development proposal, or proposals, are
Introduction 1-3
CITY OF KEN3' Zlamdreatamdrea Vmbare. Ae.tearrea Man
consistent with and do not exceed the thresholds of uses and intensities established
in the PAO. The agency must also determine that the Planned Action EIS has
adequately addressed the significant impacts of the development and identified
mitigation measures. Consistency is determined by a review of four areas: (1)type
of land use allowed, (2) level of development allowed, (3) infrastructure, and (4)
character of the proposed development. The benefit of this approach is that project-
level development proposals may have a streamlined amount of environmental
review if they are consistent with the adopted PAO. The purpose of creating an
integrated plan and environmental assessment process is to serve as an incentive for
development that is consistent with the City's vision.
In 2002, the City of Kent adopted its first Planned Action Ordinance. The planned
action area was located in downtown and included the area bounded by James Street
on the north, Harrison Street on the south, 0 Avenue on the west, and 1"Avenue on
the east. Today, this area is occupied by Kent Station, Town Square Park, and the
proposed city center apartment project. The 2002 PAO anticipated a specific level of
development(or capacity) which, over the 10-year period since ordinance adoption,
has mostly been utilized by development of over a half million square feet of
commercial, retail, and residential space.
The updated Downtown Subarea Action Plan and Supplemental EIS will provide the
basis for a second generation of a Downtown PAO. Upon adoption, the new PAO
will provide additional capacity for new Downtown development, and will allow
projects which are consistent with the Plan to take advantage of a streamlined
environmental review process.
Infill Exemption
The Downtown Subarea Action Plan and Supplemental EIS can be applied to an
exemption under the State Environmental Policy Act (SEPA) for infill development
where the existing density and intensity of use are lower than called for in the Plan.
The infill exemption applies to residential, mixed-use, and non-retail commercial up
to 65,000 square feet in size. Once adopted by the City, the SEPA infill exemption
would apply to the Downtown Subarea Action Plan study areas outside the Planned
Action area. Like the Planned Action, probable adverse environmental impacts that
are considered in the subarea plan and Supplemental EIS, can take advantage of a
streamlined environmental review process.
Introduction 1-4
CITY OF IKENT' Zlamdreatamdrea Vmbare. Ae.tearrea Han
ORGANIZATION OF REPORT
The Downtown Subarea Action Plan is organized to aid both public and private
interests in making decisions concerning development and investment in the
Downtown. Chapter One - Introduction is a summary of the purpose, background,
and the planned action process. Chapter Two —Existing Conditions considers the
environment, demographics, potential growth estimates, and community services.
Chapter Three—The Vision articulates today's vision for the Downtown and includes
a summary of the City's community involvement efforts. Chapter Four —
Framework for Downtown describes the Downtown districts with a focus on their
strengths and potential, followed by a section on the goals, policies, and actions for
Downtown and an associated Land Use Plan Map. There are several Appendices to
the Plan that give additional details on anticipated housing and employment growth,
results of the community outreach efforts, and the Supplemental EIS.
Introduction 1-5
(TIN OF IKENT' Zlamdrettamdrea Vmbare. Ae.tearrea Han
CHAP T E R T WO
EXISTING CONDITIONS
The examination of existing conditions provides the foundation to understand the
opportunities and challenges within Downtown. This section examines the
environmental conditions, followed by demographic and business conditions,
growth estimates and expectations, and concludes with community services.
ENVIRONMENTAL
When Kent incorporated in 1890 it was 1.6 square miles in size. Today Kent is 34.5
square miles, and at its widest part, 8.5 miles across. The Downtown Subarea
Action Plan's study area is less than 1 square mile (552 acres) and is primarily
located within the boundaries of the historic town of Kent. Within the Downtown
study area is the 302 acre (.47 square mile) Kent Regional Growth Center.' The
Downtown study area stretches west of SR-167 to 64a' Avenue South and east to
Kennebeck Avenue North. The northern boundaries are approximately South 234a'
Street along Central Avenue and Cloudy Street with Willis Street(SR-516)forming
the southern boundary(see Figure 2.1).
Downtown is an urban environment with vegetation consisting of ornamental
landscapes associated with development, streetscapes, and parks. Downtown is
intensely used with a mix of professional services, commercial activities, and civic
and residential uses. Downtown is located on the Duwamish/Green River Valley, a
seismic hazard area due to the potential for liquefaction of the river-valley floor
during a prolonged seismic event. The Lower Mill Creek runs through the
Downtown and portions of the creek are located in the 100-year floodplain. Mill
1 The Regional Growth Strategy is presented in the Puget sound Regional Council's VISION 2040
and refined in the 2012 King County Countywide Planning Policies (CPPs). The Centers section of
the CPPs contains a land use framework for an efficient and effective regional transit system. To
be a designated Urban Center, the location must provide for mixed-use zoning, infrastructure, and
concentrations of services and amenities to accommodate both housing and employment growth.
Designated Urban Centers are the foundation for a regional high-capacity transit system.
Existing Conditions 2-1
CITY OF IKENT' Zlamdreatamdrea Vmbare. Ae.tearrea Han
Creek is also a salmonid-bearing stream. There are a couple of small isolated
wetlands inventoried along SR-167. Inventoried creeks, rivers, wetlands, and
FEMA flood zones within Downtown are illustrated in Figure Study A
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DEMOGRAPHICS AND ECONOMICS
Kent is a diverse and family-oriented community that contributes to the economic
vitality of South King County and the Puget Sound Region as a whole. This section
provides an overview of population and employment trends drawn from a variety of
resources.
Existing Conditions 2-2
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POPULATION TRENDS
Kent is a fast-growing suburban city in South King County. The City of Kent is the
third largest city in King County and the sixth largest in Washington with a 2013
population of xxx,xxx. There are 45,846 households in Kent(2013 OEM Population
Estimate), with 53.3% of them owner-occupied, an average family size of 3.9
persons, and a median age of 33 years (2010 Census, adjusted to include the Panther
Lake Annexation). Kent is an ethnically mixed community with 58.8%white, 0.6%
American Indian, 10.8% African American, 16.2 Asian, 12.4 Latino, and 2.1%
Pacific Islander. Much of the population growth over the years in Kent has been via
annexations.
Understanding population trends in the Downtown has been made difficult because
the 2010 Census has yet to release the population, age, ethnicity and household size
data at smaller geographies useful to this effort. However, it is known that there has
been no new housing built in the Downtown study area since the 2000 Census at
which time the population was 2,173 with approximately 950 households. hi Kent's
Urban Center, the 2000 Census population was 922 with approximately 658
households (PSRC — 2002 Regional Growth Centers Report: Kent). Downtown is
predominately commercial and service activities, and housing is reflected in several
complexes that cater to seniors. There are little more than a dozen single-family and
duplex housing types in the Downtown.
EMPLOYMENT TRENDS
Kent is an employment center that contributes to the regional economy an estimated
61,858 jobs with an average annual wage of $47,813.2 hi Downtown, there are an
estimated 8,767 jobs.3 Downtown employment is dominated by the services and
government sectors (approximately 70%) as defined by the North American Industry
Classification System.4 Kent's Regional Growth Center,the core of the Downtown
2 2011 Puget Sound Regional Council -Covered Employment Estimates by Jurisdiction and by
Major Section.
3 2006 PSRC—Covered Employment, baseline analysis for Kent's 2008 Transportation Master
Plan.
4 2012 PSRC Covered Employment Estimates by Census Tract.
Existing Conditions 2-3
CITY OF IKENT' Zlamdrettamdrea Vmbare. Ae.tearrea Plan
study area, contained some 3,014 employees in 2000.5 Kent Station contributes
additional retail, restaurant, and entertainment sector jobs. Green River Community
College—Kent Campus, Kent Elementary, and Mill Creek Middle School contribute
jobs as well as students to Downtown. Government and civic sector employment is
prominent in Downtown with Kent City Hall and Police Station,the Senior Activity
Center, Kent Commons Recreation Center, and Kent Library. The King County
Maleng Regional Justice Center (RJC) employs over 700, and many nearby law
firms, bondsman, and other services support the RJC. Another important
employment sector in Downtown is health care and social services, including private
offices and the Multicare Health Clinic.
ECONOMIC TRENDS
Since 2008 when the Economic Development Strategic Plan was adopted, multiple
goals and actions have been accomplished including, Kent Station, ShoWare Center,
Green River Community College, and 189 urban style apartment units under
construction. hi an effort to identify goals and strategies for the neat five to ten
years, Kent contracted with Community Attributes International (CAI) in 2011. The
effort started with Kent staff and leadership, and a broad range of business and
industry stakeholders. Collectively, they engaged in a variety of strategic planning
activities and workshops to identify priorities and strategies for Kent. When asked,
the business and industry stakeholders see the success of the Downtown Kent as
important to the overall vitality of all economic sectors in Kent. The stakeholders
support the overall strategic goal to: Position Downtown as a complete community
by integrating quality residential development and continuing to support Downtown
as a destination. Another Economic Forum is meeting later in June, 2013 and the
additional information CAI gathers from the event will further their market analysis
of Kent and the Downtown. These results and strategies will be included in the
update of the Comprehensive Plan.
Analysis conducted by CAI found that in 2010, business in Downtown provided
$38.2M (million) in taxable retail sales or 5.5%to the total sales profile within Kent.
Leading the trend in Downtown was dining at 26%of taxable sales compared to
5 PSRC—2002 Regional Growth Centers Report: Kent
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19% citywide. 6 To grow the Downtown's economic success,the strategic economic
planning effort identified two priorities:
• Establish Downtown as an active residential, retail, entertainment, and
commercial hub, and
• Establish strong marketing campaign to reposition Downtown's image and
increase business and consumer awareness of its assets.
GROWTH ESTIMATES & EXPECTATIONS
The Downtown Subarea Action Plan (the Plan) advances a sustainable approach to
growth and future development. It is anticipated that the existing development
potential in the Downtown will accommodate a substantial amount of future housing
and employment growth. This section will focus on the planning horizons and
assumptions of the Plan, forecast and target methodologies, and the population and
employment forecasts.
PLANNING HORIZON &ASSUMPTIONS
Development potential in Downtown and the Regional Growth Center aligns with
the regional direction of Puget Sound Regional Council's (PSRC)VISION 2040 and
King County's Countywide Planning Policies (CPPs). The amount of development
potential on vacant and redevelopable land in the Downtown, and the amount of
housing and jobs growth, are estimates. The new growth will be supported by broad
multimodal transportation choices, such as rapid mass transit, regional bike trails,
and pedestrian access to retail, health services, and entertainment within easy
walking distance. The minimum growth target Kent's Regional Growth Urban
Center(i.e., Urban Center)would need to accommodate 2,975 households and 7,437
employees (Kent 2004 Comprehensive Plan). hi 2006 there were 895 households
and 5,371 employees in the Urban Center.7
Regional growth forecasts not finalized at this time. The Puget Sound Regional
Council Transportation Policy Board is scheduled to endorse the Land Use Forecast
e Community Attributes International (CAI) March 2012: City of Kent Economic Development
Plan—Themes, Goals and Priorities.
7 2010 Kent Comprehensive Plan EIS Update. Households were adjusted downward in the SEIS to
reflect the difference in geography of the MeekerfWashington Center and Corridors Study and the
Downtown Subarea Action Plan Study Area.
Existing Conditions 2-5
CITY OF IKENT' Zlamdreatamdrea Vmbare. Ae.tearrea Man
and Local Targets Representation sometime in mid-2013. PSRC provided the City
preliminary draft forecast numbers in Forecast Area Zones (FAZ) that were used in
this Plan and the Supplemental Environmental Impact Statement(SEIS). The City's
2006-2031 countywide Growth Targets were ratified in the 2012 Countywide
Planning Policies (CPPs)and are incorporated herein.
METHODOLOGY & OUTCOMES
The methodology to determine development potential in Downtown used a modified
Buildable Lands technique, adjusting the capacity based on local market factors.
Vacant and redevelopable land was identified, density assumptions based on
development standards were applied, and numbers of households and jobs were
determined. The additional growth, plus existing households and jobs, represent
future growth to 2031 among all alternative development scenarios. The results
were compared to PSRC preliminary draft forecast numbers. Puget Sound Regional
Council forecasts for Kent and the Downtown Subarea Action Plan to the year 2031
are illustrated in Table 2.1. For details on the City's methodology, data sources, and
outcomes of potential employment and housing growth, refer to Appendix A.
Table 2.1
PSRC Draft Preliminary Household and Employment Forecasts 2031
City Households Employment
Kent 47,673 69,773
Downtown 3,596 6,470
Countywide Planning Policies (CPPs) provide a countywide vision that serves as a
framework for planning efforts of jurisdictions, and one product of the CPPs is the
jurisdictional growth targets. The Growth Management Planning Council (GMPC),
a formal body consisting of elected officials from King County, is responsible for
developing and adopting the Countywide Planning Policies (CPPs). On June 6,
2012, the GMPC approved the 2012 CPPs.$ The CPPs housing and employment
growth targets for Kent reflect the entire city and potential annexation area (PAA)
(see Table 2.2). The update to Kent's Comprehensive Plan will determine the
e King County Council adopted Ordinance 17486 on December 3, 2012 and the King
County cities ratified the 2012 CPPs March 4, 2013.
Existing Conditions 2-6
CITY OF IKENT' Zlamdreatamdrea Vmbare. Ae.tearrea Man
allocation of housing and employment growth targets in the Downtown Urban
Center.
Table 2.2
King County Jurisdiction Growth Targets 2006-2031
City Households PAA Employment PAA
Households Employment
Kent 9,270 90 13,280 210
DOWNTOWN GROWTH ALTERNATIVES
The Downtown Subarea Action Plan Supplemental EIS (DSAP SEIS) considers
three (3) alternatives in housing and employment growth. All alternatives are
consistent with GMA goals and the intent of VISION 2040 and the CPPs to promote
compact growth in downtowns served by multiple transportation modes. The DSAP
SEIS considers the citywide impacts expected from increased vehicle traffic,
demand for parks services, and changes to land use patterns associated with the
future proposed development that would be accommodated with the alternatives,
together with mitigation measures for the Downtown. Below is a brief description
of the alternatives followed by Table 2.3 Growth Alternatives for the Downtown
Subarea Action Plan:
Alternative 1 — No Action: The No Action Alternative implements Kent's current
Comprehensive Plan, the 2005 Downtown Strategic Action Plan, and zoning at
growth levels consistent with assumptions in the Kent 2008 Transportation Master
Plan (TMP). This alternative is required to be analyzed under SEPA. Generally,
this alternative assumes more growth in jobs than households in Downtown and
applies PSRC forecasts relative to development capacity analysis conducted by the
city at the time of the TMP.
Alternative 2 — Moderate Growth: This alternative adopts the Downtown Subarea
Action Plan, the Planned Action Ordinance, and Mixed Use/Residential Infill
Exemption to facilitate and promote economic and housing growth opportunities and
streamline permitting in Downtown. This alternative promotes more mixed-use
development with a closer balance between housing and jobs (compared with
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Alternatives 1 and 3) supported by non-motorized facilities and park amenities.
Alternative 2 contains new actions to promote economic vitality, urban livability,
pedestrian priority, enjoyable outdoor space, environmental sustainability, and
neighborhood compatibility. Growth assumptions are revised based on policy
choices and regional forecasts. Zoning Districts and Land Use Plan Maps of the
Alternative 2 can be found the DSAP SEIS (see Appendix D). Refer to Chapter 4 -
Framework for Downtown for a map of the Downtown Districts referred to below.
Zoning map and text amendments and a Comprehensive Plan land use map
amendment are necessary to support this moderate growth alternative. Alternative 2
would amend the Comprehensive Plan and expand the Urban Center (UC) land use
plan map designation to the West District and North District north of James Street,
and amend the northern portion of the Central Avenue District where the Mixed-Use
(MU) land use plan map designation would change to Industrial (1) based on the
Limited Industrial District (M2) zoning district boundaries. Implementing zoning
would also change with the addition of General Commercial Mixed-Use (GC-MU)
in the majority of the West District, portions of the Central Avenue District between
Titus and James Street, and portions of the North District north of James Street and
west of 5t' Street. Implementing zoning would also change a portion of the South
District with the addition of Downtown Commercial Enterprise (DCE) along
Meeker Street between 4t' Avenue South and the Burlington Northern Santa Fe
(BNSF)rail line. The SR-167 north-bound onramp from Willis Street will be have a
land use plan map designation from Industrial (I)to Urban Center (UC) and rezoned
from Limited Industrial District (M2) to Downtown Commercial Enterprise (DCE)
to conform with city GIS mapping protocol.
Alternative 3—High Growth: This alternative assumes and adopts some elements of
the Downtown Subarea Action Plan, the Planned Action Ordinance, and Mixed
Use/Residential Infill Exemption, and adopts some of the Comprehensive Plan and
zoning changes. This alternative assumes growth would be concentrated in the
existing Urban Center where the DCE zoning district has few height restrictions
except when it abuts single family residential. The West District would also provide
capacity for growth from a more mixed-use land use pattern. Alternative 3 has an
emphasis on employment rather than housing and its growth levels are based on a
prior 2011 EIS.
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CITY OF IKENT' Depwittamdrea Vmbare. Ae.tearrea Man
Zoning map and text amendments and an amendment to the Comprehensive Plan
Land Use Map are necessary to support this alternative. Alternative 3 would address
mapping errors in the West and Central Avenue Districts where Land Use Plan Map
designations do not support the existing zoning district (i.e., in the West District:
Industrial [I] to Medium Density Multifamily [MDMF] and Mixed-Use [MU] to
Medium Density Multifamily [MDMF] and in the Central Avenue District: Mixed-
Use [MU] to Industrial [1]). Implementing zoning would change with the addition
of General Commercial Mixed-Use (GC-MU) where the Comprehensive Plan Land
Use Map designation is Mixed-Use (MU) in the West District. Alternative 3 would
differ from Alternative 2 by not expanding the Urban Center(UC) land use plan map
designation into the West District and north of James Street in the North District
Additionally there would be no change in zoning in the North District north of James
or in the South District
Table 2.3
Growth Alternatives for Downtown Subarea Action Plan
Base Year Alternative 1 Alternative 2 Alternative 2
Growth Type 2006* No Action Moderate High Growth
Growth
Households 2,984 618 5,419 3,498
Employment 5,370 4,703 3,489 9,239
Total Activity 8,354 5,321 8,908 12,737
Units
* The original base year estimates were prepared for the 2010 EIS Update for the Comprehensive
Plan. The Downtown Subarea Action Plan boundaries have been modified and are 164 acres larger
than originally considered. When considering the larger area of the Downtown Subarea Action Plan,
total activity units are estimated to be 10,293 with a nearly even split between housing and
employment. Seethe Downtown Subarea Action Plan SEIS for more information.
COMMUNITY SERVICES
Downtown Kent is served by local and regional services. There are also private
organizations that provide services to individuals and families in need. This section
gives an inventory of what is within Downtown and located nearby The Downtown
Community Services are illustrated in Figure 2.3.
Existing Conditions 2-9
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TRANSPORTATION
Transportation options vary within Downtown. Highways of statewide and regional
significance traverse the study area (SR-167, SR-516, and Washington Avenue) as
do the Union Pacific (UP) and BNSF railroads. Downtown has Principal and Minor
Arterials running north and south through town. 4t' Avenue South is designated as
an industrial truck route. Downtown Kent is served by a variety of mass transit
options. Sounder Commuter Rail provides nine (9) morning (2 Southbound and 7
Northbound) and nine (9) evening trains (7 Southbound and 2 Northbound). The
Sounder Commuter Station located at Smith & Railroad is served by Sound Transit
Express Bus Service and METRO bus service. Most streets in Downtown have
sidewalks; bike lanes, sharrows, and the interurban trail also provide alternatives to
motorized transportation to and within Downtown. The Kent 2008 Transportation
Master Plan and the DSAP SEIS provide additional detail on the transportation
resources and needs for Kent.
The high amount of vehicular traffic within Downtown impacts the pedestrian and
bicyclist environment. Existing wide sidewalks and street trees mitigate the
pedestrian experience along busy streets and provide a comfortable experience on
streets less traveled. Those quiet streets are inviting for caf6s and restaurants that
provide seating for community socializing. The TMP, as well as the DSAP SEIS,
identify several sidewalks within the study area that need to be upgraded. These
documents also identify deficiencies in the bicycle network in Downtown. The
upgrades to the sidewalks and bicycle network will be addressed in the TIP and CIP
throughout this decade.
Both the TMP and the DSAP SEIS identify several transportation action items to
improve the roads, sidewalk, and train traffic passing through the Downtown. The
action items are concerned with maintenance, aesthetics, and safety. The City will
continue to focus on creating stronger connections to important facilities within
Downtown or to surrounding neighborhoods. The City will also continue to work
toward solutions to the impacts the railroads have on the movement of traffic
through the Downtown, and the noise to the community from the train homs.
Existing Conditions 2-10
CITY OF IKENT' Zlamdreatamdrea Vmbare. Ae.tearrea Man
POLICE & FIRE
Kent's Police Department provides a variety of patrol, investigative, and community
education services. Police Headquarters is located on the City Hall campus at 232
Fourth Avenue South. There are six (6) substations, a training center, and a
corrections facility serving the City of Kent and neighboring jurisdictions as
appropriate. During the summer months, bike patrol provides additional coverage in
the Regional Growth Center of the Downtown. The LOS standard for police
response is six (6) minutes or less to scene from receipt of emergency call (2004
Kent Comprehensive Plan). The Kent Police Department has been periodically re-
accredited by the nationally-recognized Commission on Accreditation for Law
Enforcement Agencies.
In 2010, the Kent Fire Department merged with Fire District 74 to form the Kent
Fire Department Regional Fire Authority. Since then it has expanded to serve the
City of SeaTac. Fire Station 71 is located at 504 West Crow Street just south of the
Downtown. It contains one engine and one aid car and is a very busy station,
assisting Station 76 located in the industrial center. The Kent Fire Department has
been accredited by the Center for Public Safety Excellence's Commission on Fire
Accreditation International since 2004.
WATER & SEWER
Downtown is served by Kent-operated water and sewer service that was upgraded in
the past 20 years. The 2010 Water System Plan and Draft 2012 Sewer Plan have
been coordinated and interface with other City of Kent planning documents,
especially the Kent 2004 Comprehensive Plan (and amendments thereto). Both
plans are primarily based on ultimate development scenarios, and for the 2010 Water
System Plan, fire flow needs are also considered.
Conservation has changed consumption of water. Behavioral changes and improved
hardware solutions will likely continue to decrease the amount of average water
consumption over time. The expectation of increased residential uses in Downtown
was considered in the 2010 Water System Plan. While consumption is relatively
stable due to conservation, impact from increased fire flow demand needs to be
monitored. Firefighting requirements are 7,000 gpm for 4 hours. To ensure fire
flow in Downtown, the 2010 Water System Plan identified pump station
Existing Conditions 2-11
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improvement scheduled for 2014 to replenish fire storage capacity within 72 hours
while delivering maximum daily demand and to deliver average daily demand when
the largest source pump is off-line. These improvements are to ensure that when the
system is functioning under stress, it can deliver. Under normal consumption,
Kent's water service in Downtown can meet expected growth.
Downtown Kent had its first sewage collection and interceptor system in 1909. In
1967 Kent joined METRO (a.k.a. King County Wastewater Treatment Division) and
converted the sewage lagoon into the Green River Natural Resource Area, a
stormwater detention facility that also functions as wildlife habitat, fisheries
enhancement, and recreational open space. Two METRO interceptor lines run
through or along the Downtown's boundary, providing excellent service. The sewer
mains in Downtown were some of the first to be upgraded, and the 2012 Draft
Sewer Plan lists no rehabilitation or reconstruction projects in Downtown. The
existing system was sized to accommodate the potential growth within the
Downtown Commercial Enterprise (DCE), Downtown Commercial (DC), and
General Commercial Mixed-Use (GC-MU)zoning districts.
EDUCATION
There are several schools within Downtown. Kent School District serves nearly the
entire City of Kent and extends east to serve portions of Covington and
unincorporated King County. Mill Creek Middle School (located at 620 N Central
Avenue) and Kent Elementary School (located at 24700 64t' Avenue South) are
located within Downtown. The population they serve is as diverse as the
community of Kent. Green River Community College, also located in downtown
provides higher education opportunities at Kent Station.
Mill Creek Middle School was recently rebuilt using energy efficient building
materials and techniques and has a building capacity of 700 students. It currently is
over capacity, and serves 887 students attending 7t'and 8t' grades. Kent Technology
Academy is a school within a school, which adds to the student population. The
academy is open to all 7h and 8t' graders within the Kent School District, and those
who apply are selected by lottery. It is a project-based learning environment that
uses technology in innovative and motivating ways to teach students. There are 50
different languages spoken at Mill Creek Middle School with 24% being Spanish,
Somali, Punjabi and Arabic. There are several community groups that provide after-
Existing Conditions 2-12
CITY OF IKENT' Zlamdreatamdrea Vmbare. Ae.tearrea Man
school programs, including Kent Parks and Recreation, Latino Leadership
Organization, and Communities in Schools which provides tutoring and mentoring.
Kent Elementary School has a capacity to serve 657 students. The programs include
preschool for 3 and 4 year olds, and classes for grades K — 6. Kent Elementary is
over capacity with 666 students attending school. There are over 30 languages
spoken by the student population. The school provides Highly Capable Programs
for 3`d through 6d' graders. The after-school programs include Boeing After School
Program,After School Energy, soccer,track, choir and many others.
Green River Community College opened a Kent Campus in 2005. Located within
Kent Station, the campus is close to the Sounder Commuter Station and the transit
center. The course work offered includes basic and pre-college classes, professional
education, job skills training, and a variety of customized training, including small
business counseling, business computers, and technology. In 2012, there were over
3,700 students attending the Kent Campus.
PARKS & OPEN SPACE
Downtown contains a variety of parks and recreational opportunities, ranging from
baseball fields to tot lots. Many of these facilities are located along the periphery of
the Downtown. In Downtown's center, there are a collection of small, somewhat
linear parks adjacent to the BNSF rail line and a couple of small pocket parks
scattered within the South and Historic Districts. Park and open space within
Downtown totals 25.1 acres (see Table 2.4).
Existing Conditions 2-13
CITY OF IKENT' Zlamdreatamdrea Vmbare. Ae.tearrea Plan
Table 2.4
Downtown Parks
Name Acres Park Classification
Kent Memorial Park 11.2 Athletic Complex
Uplands Playfield 7.5 Community Park
Commons Neighborhood Park 3.0 Neighborhood Park
Burlington Green 0.9 Community Park
Town Square Plaza 0.8 Community Park
Kaibara Park 0.5 Community Park
Kiwanis Tot Lot Park#2 0.4 Neighborhood Park
Rosebed Park 0.3 Community Park
Kherson Park 0.2 Community Park
Titus Railroad Park 0.1 Community Park
Gowe Street Park 0.1 Neighborhood Park
First Avenue Plaza Park 0.07 Community Park
There are notable parks and recreational facilities within Downtown. A new focal
point is Town Square Plaza(located to the west across from the Kent Library along
2°d Avenue) with an interactive water feature that is a wonderful attraction for
families or children of all ages throughout the summer. One of the attractions is a
huge granite sphere balanced on a constant stream of water. The water allows
children to easily rotate the heavy granite ball to their delight. Town Square Plaza is
also the location for the popular Saturday Farmer's Market. Kent Commons
Community Center (located at 525 4a'Ave North)provides a variety of activities for
all ages throughout the day and evening seven (7) days a week. Along with the ball
courts, conditioning/weight room, and locker rooms, there are meeting rooms,
reception halls and a kitchen facility. Kent Senior Activity Center (located at 600 E
Smith St) provides meeting rooms for a variety of activities during the day and
evening, and a full kitchen serving lunches five (5) days a week. Just outside the
Downtown study area is the location of the Greater Kent Historical Society
Museum. A collection of artifacts, furniture, and public art are housed within this
historic home (circa 1908) located off Smith Street. The Interurban Trail runs
through the middle of the Downtown and connects the cities of Auburn, Tukwila,
Renton and Kent. Commuters and recreational cyclists use this facility regularly.
Existing Conditions 2-14
CITY OF IKENT' Zlamdreatamdrea Vmbare. Ae.tearrea Han
There are other recreational facilities within a little more than a mile or less from the
center of Downtown (see Table 2.5). They can contribute to the recreational
opportunities of those who live and work in Downtown. Riverbend Golf Complex
has an 18 hole and a Par 3 course, covered driving range, and miniature golf.
Russell Road Park is an athletic facility with five (5) lighted baseball/softball fields,
a play area for smaller children, a jogging trail, and picnic shelter. The Mill Creek
Earthworks Park is located just to the east of the Downtown and provides walking
paths, picnic shelters, and the potential for much more on the 100 areas of open
space that contains Mill Creek and the surrounding ravine. The Green River Trail is
another bike and walking trail that hugs the Green River from Auburn to Tukwila
and provides a cool riparian environment for pedestrians and bicyclists.
Table 2.5
Parks Near Downtown
Distance from
Size Downtown
Name (in acres) Classification (in miles)
Riverbend Golf Complex 160.0 Recreation Facility 1.25
Mill Creek Earthworks Park 100.0 Natural Resource 0.6
Russell Road Park 30.4 Athletic Field 1.1
KING COUNTY REGIONAL JUSTICE CENTER
The Regional Justice Center (RJC) opened in March of 1997 and employs 300
corrections staff. The RJC also contains King County Superior and District Courts,
King County Sheriff's Office, the Office of the King County Prosecuting Attorney,
and various licensing offices for an additional 400 employees. In 2012, King
County converted 22,000 square feet of existing offices into four (4) new court
rooms. The facility draws jurors, visitors, and people doing business.
SOCIAL SERVICES
Kent is recognized as a leader in South King County in the human services arena.
The city has been funding nonprofit human service agencies to provide services to
its residents since 1974, allocating the maximum allowed of its federal Community
Development Block Grant dollars to human services. In 1989, the city took a major
Existing Conditions 2-15
CITY OF IKENT' Zlamdreatamdrea Vmbare. Ae.tearrea Plan
step by allocating one (1) percent of its general fund revenue to fund human
services. Programs the city provides are home repair, adaptive recreation, senior
center, and referral services.
There are 12 human service providers within Downtown. The services include food
bank, health, education, youth programs, substance abuse and prevention counseling
and fellowship,housing referrals, and a senior center(see Table 2.6).
Table 2.6
Downtown Human Service Providers
Name Address
City of Kent Housing& Human Services 220 e Avenue S.
The Alliance Center 515 W. Harrison Street
Catholic Community Services 1229 W. Smith Street
Health Point 403 E Meeker Street
Department of Social & Health Services 1313 W. Meeker Street, Suite 102
Kent Youth& Family Services 232 2° Avenue S., Suite 201
Kent Senior Center 600 E. Smith Street
Valley Cities 325 W. Gowe Street
South End Fellowship—AA Hall 321 3` Avenue S.
New Connections 412 W. Titus Street
Kent Police Department 220 e Avenue S.
Social Security Office 321 Ramsay Way, Suite 401
Existing Conditions 2-16
CITY OF KE:NT' Zlowntuwn VubareaAction Man
CHAPT ER T HREE
THE VISION
The Kent City Council recognized the uniqueness of downtown when it endorsed
nine planning principles for the Downtown Subarea Action Plan update. According
to these principles,the downtown is envisioned to be an "extraordinary place"that is
the "Heart of Kent". Economic vitality is of utmost importance, and the vision calls
for a complement of retail and service businesses that serve as the economic
backbone of Downtown. Downtown is recognized as a desirable place to live with a
variety of housing choices including stylish apartments and condominiums. Well-
designed open spaces, convenient services and retail shops, and entertainment
opportunities contribute to the neighborhood feel of Downtown. Transportation
options give people choices to leave the automobile parked. The increasing
population of Downtown supports existing businesses and creates a need for new
ones, contributing to the economic vitality of downtown.
VENTURE DOWNTOWN IN 2030
If this plan is successful, what will Downtown Kent be like, say, 10 or 15 years in
the future? What will it look like, feel like, and what will be the character of
Downtown?
Downtown is a buzz of activity. There are as many people who live in Downtown as
work here. Coming to Downtown to live are young people who like the
convenience of hopping the Commuter Rail and older adults who are tired of taking
care of the lawn. Businesses are thriving with a demand for a coffee in the morning
and a bite to eat and some entertainment in the evening. There is a grocery to serve
the new residents and to serve those who are passing through. Downtown no longer
closes up at 5 p.m.; rather, it comes alive.
Downtown is where you get around easily by foot or bike, as well as automobile.
Sidewalks and streets are designed with the pedestrian in mind, creating a
The Vision 3-1
(TIN OF KENT' Zlowntuwn VubareaAction Man
comfortable and safe feeling for those who walk or ride a bike. Downtown has great
connections to the surrounding neighborhoods of North Park, Mill Creek, Scenic
Hill, and South of Downtown. Well-designed gateways located around Downtown's
perimeter announce that you have arrived. There is a strong connection between the
west and east sides of Downtown along beautifully landscaped, well-lit, and clean
underpasses that make the walk seem effortless and the drive pleasant.
Downtown is a gracious place to relax and play. Outdoor public spaces—like pocket
parks, urban plazas, passageways, sidewalk cafes, and large and small green spaces
— are very popular with residents and shoppers alike, adding another dimension to
urban living. They provide a backdrop for community festivals, music, and farmers
markets popular with everyone, even those who are here only to visit. There are
clear signs directing you to the Interurban and Green River trails, and for those on
the trail, directions to Downtown.
Downtown is a compatible neighbor. The transition from Downtown to its
surrounding neighborhoods is gentle and gracious. Environmental quality and
aesthetics are paramount. There is a set of development codes and urban design
guidelines to encourage high quality building, landscaping, and site development.
The convenience to specialty shops, services, entertainment, and transportation
options is an attraction to those who want to live in a single-family home, but have
easy access to all that an urban environment offers.
Downtown is built with sustainability in mind. The use of green technology and low
impact development techniques is promoted. New development embraces LEED
techniques. Stormwater is handled in creative ways, adding an attractive element to
the landscape around new buildings. Electric vehicles have the ability to charge
themselves in public and private facilities. Train noise is abated.
Historic Downtown is upgraded. The wonderful character of the streetscape remains
intact, and the facades of the lovely turn-of-the-century buildings are well
maintained—ready for another 100 years. Inside these structures you will find new
interiors, wiring for intemet, and upgraded infrastructure connecting to public
services available in the street—all attractive to new businesses and residents alike.
Downtown is simply different from other areas of the City. It is, quite simply, a
"special place".
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PUBLIC OUTREACH
The update of the 2005 Downtown Strategic Action Plan (2005 DSAP) was initiated
by the Kent City Council in the development of its strategic plan in 2011. Many of
the actions listed in the 2005 DSAP had been accomplished —the development of
Kent Station and Town Square Park, to name a couple of prominent ones. Certain
other actions had become anachronistic or irrelevant. The 2005 DSAP needed to be
refreshed in order to truly be a reliable guide for decision-making.
The public outreach effort was broad and utilized many different methods to find out
what people thought (see Appendix B for details and results). One of the first steps
in the update process was a series of staff-conducted interviews of 25 downtown
stakeholders — merchants, property owners, realtors, business organization
representatives, and shoppers. Interview questions touched on a wide range of
issues including economic vitality, urban livability, public art and open space,
transportation, and the like. A summary of results was published in September, 2011
and served as the basis for eight (8) Planning Principles which were adopted by the
Kent City Council in June, 2012. These principles provide the framework and
direction for the Downtown Subarea Action Plan update. These principles are:
1. Memorable Downtown Experience
2. Economic Vitality
3. Urban Livability
4. Pedestrian Priority
5. Enjoyable Outdoor Space
6. Neighborhood Compatibility
7. Environmental Sustainability
8. Commitment to Implementation
To guide development of the Plan update, a Downtown Steering Committee was
created. This 13-member group evaluated the strengths and weaknesses of
Downtown, offered their suggestions for improvements and public investment, and
reviewed and rated potential actions for inclusion in the Plan. To connect the public-
at-large with the workings of the steering committee, two online surveys were
conducted. The first survey sought the public's ideas about potential changes to
improve livability in Downtown; the second asked the public to rate the importance
of proposed actions identified either in the first survey or by the Downtown Steering
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Committee itself. In total, over 500 responses were received from the two surveys.
The results of the surveys helped inform the steering committee in its review and
evaluation of proposed actions. Staff also assisted in this process and identified
technical zoning actions that would help to attain plan goals.
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CHAPT ER F O U R
FRAMEWORK FOR
DOWNTOWN
The study area for the Downtown Subarea Action Plan (the Plan) extends beyond
boundaries previously studied. The expansion reflects the relevance of areas located
west and north of current boundaries to the economic vitality of, and synergy with
what is traditionally considered the Downtown. The downtown districts have
distinct characteristics. The following descriptions of the districts illustrate their
uniqueness and provide a brief description of redevelopment strategies based on
action items identified in the goals, policies, and actions section. The goals, policies,
and actions are the framework by which the 20-year vision for the Downtown will
be implemented.
KENT DOWNTOWN DISTRICTS
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CITY OF KENT' 2005 Downtown MrategicAction Man
The recent planning process modified existing downtown districts to reflect the
expanded subarea and their distinct characteristics. These districts are the
geographic foundation for the Downtown Subarea Action Plan (the Plan). This
chapter describes the six downtown districts and highlights input received through
the Steering Committee, meetings with neighborhood councils, and public surveys.
The goals, policies, and actions are the result of this extensive community visioning
effort, and are guided by principles outlined in the Growth Management Act, Kent's
Comprehensive Plan, Vision 2040 and King County Countywide Planning Policies.
WEST DISTRICT
The West District is auto-oriented with Meeker Street, James Street and Washington
Avenue moving the bulk of the vehicular traffic. Meeker Street and James Street are
designated as Minor Arterials with three to five lanes moving traffic east/west.
Washington Avenue is a Principal Arterial with five to six lanes of north/south traffic
where it turns into the West Valley Highway cutting into the heart of Kent's
industrial area. The auto-oriented nature of this district supports large and small strip
shopping malls that contain a variety of retail and service-oriented businesses. There
are auto sales, indoor storage, a mobile home park, an elementary school, and the
U.S. Postal Service Distribution Center located within the West District. There are
also a few multifamily residential uses along the edges of the district and some
single-family structures converted into businesses that are the scattered remnants of
historic uses in the Kent Valley. The West District is bordered long the south by SR-
516 (which turns into Willis Street) and to the east the border is SR-167. James
Street, Meeker Street and Willis Street traverse under SR-167 and connect this
district with the rest of the Downtown Subarea.
The most prominent zoning district designation within the West District is General
Commercial (GC), followed by General Commercial Mixed-Use (GC-MU). The
purpose of GC is to provide a range of trade, service, entertainment, and recreational
uses along certain major thoroughfares. With the mixed use overlay designation in
the Comprehensive Plan, housing can also be allowed. There are also a Mobile
Home Park (MHP) and two areas zoned Medium Density Multifamily Residential
(MR-M). The Land Use Plan Map designation is primarily Mixed-Use (MU).
Most of the streets within the West District provide sidewalks, but few are tree lined
and none have planter strips that provide separation between the pedestrian and
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motorist. Thompson Avenue North and West Harrison Street are identified in the
City of Kent Transportation Master Plan (TMP) as needing pedestrian
improvements. There are existing bike lanes on Meeker Street and James Street
west of Washington Avenue. However,the eastern portions of these two streets have
been identified in the TMP as needing bike network improvements. Washington
Avenue south of Meeker has also been identified as needing bicycle improvements.
There are opportunities to increase the mix of uses by rezoning the majority of the
district to General Commercial Mixed-Use (GC-MU). Increasing the allowed
building height for GC-MU in Downtown would be an incentive for redevelopment.
Additional housing within a walkable distance to existing commercial uses would
reduce vehicular trips and support businesses.
NORTH DISTRICT
The North District is a diverse place with retail, offices, services, recreational,
entertainment, and residential uses contained within its borders. Many of the newest
developments in Downtown are contained within this district. James Street runs
east/west and carries large volumes of traffic through the North District, as does
Smith Street along the district's southern border. SR-167 is the western boundary of
the North District and the Burlington Northern Santa Fe Railroad is the eastern
boundary. Downtown Commercial Enterprise (DCE) is the dominant zoning
district. The furthest northern edge of the district is a transitional area intended to
buffer the single-family North Park Neighborhood from the more intense uses south
of James Street. The zoning is DCE along James Street,transitioning to Multifamily
Townhouse (MRT-16)along Cloudy Street.
Significant new developments have occurred within the North District, namely Kent
Station which opened its doors in November, 2005. Kent Station is a new kind of
shopping center, contemporary in design with an open-air, urban village feel. It is
made up of 300,000 square feet of local, regional, and national merchants; a 14-
screen state-of-the-art AMC theater; and Green River Community College has a
60,000 square foot satellite campus incorporated into the complex. In 2009, the
ShoWare Center opened for the first season of the Seattle Thunderbirds hockey
team. With a 6,200 seat capacity, the facility is also a venue for concerts, trade
shows, graduations, and community events. Town Square Plaza — a mostly hard-
surfaced urban park — opened in 2008 with a unique water fountain system that
delights children of all ages, big and small. The plaza compliments the Kent King
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County Library across the street, adds value to the new Platform Apartments being
built to the west, and provides an attractive draw for patrons of Kent Station into Old
Town. The development trend in the North District started in 1997 when the
Regional Justice Center opened its doors to King County Superior and District
Courts, King County Sheriff's Office and the Office of the King County Prosecuting
Attorney. This facility brought a need for office space and services for the increase
in employment into Downtown.
In an effort to protect the North Park neighborhood from the bustle of activities and
traffic along James Street to the south, the 2005 DSAP rezoned the blocks along the
south side of Cloudy Street. The zoning allows for a strong edge of high-quality
mixed-use development along the north side of James Street, transitioning to
multifamily residential townhouse development along Cloudy Street. There are a
number of action items identified for this area Downtown Design Guidelines apply
to this portion of the Downtown. This part of the North Park Neighborhood will be
designed for the pedestrian, filled with interest expressed in the urban form.
Modifying existing regulations to support this pedestrian form is an action identified
in the Plan. Expanding the mixed-use development to Cloudy Street along the edge
of the ShoWare Center will complement the activities there and bring services and
restaurants closer to the neighborhood. ShoWare and the area to the west are zoned
Limited Industrial (M2). This zoning district is a historical remnant that worked
when there were agricultural processing uses downtown in the 40's and 50's.
Downtown has evolved and industrial uses no longer fit. Today, and looking toward
the future, existing industrial uses should transition toward an urban form that
connects with the vision for downtown Kent as a compact, mixed-use, vibrant
neighborhood.
Many of the strategic actions identified in past downtown plans have been
completed. There are, however, a few vexing issues. The first is the need to create a
stronger visual connection from Kent Station to Old Town. The pedestrian facilities
are in place along 2°d Avenue, but the distance between Kent Station and Old Town
seems long because of gaps between retail activities. Also, there are few visual cues
to tell a newcomer that there is something of interest two blocks away. There is also
a need within the district for prominent gateways. Gateways will signal to those
who travel along Central Avenue that they have arrived in Downtown. Another
issue identified during the visioning process is along SR-167, where the unkempt,
poorly-lit roadways crossing under the freeway can be a barrier for pedestrians and
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the weedy embankments unattractive for motorists. The Sounder Station and
METRO Transit Center were identified as needing improvements for safety and
expansion of available parking.
CENTRALAVENUE DISTRICT
Central Avenue comprises the Downtown's auto-oriented strip. As such, it provides
a setting for convenience stores, large-lot enterprises, and fast food vendors. On the
other hand, the District's collage of billboards, pole signs and under-maintained
structures do not provide an attractive entrance into Downtown. For this reason,the
Plan identifies a redevelopment target area beginning at the intersection of James
Street south to Titus Street. The vision for this area is to shift the auto-oriented form
of development to a mixed-use development that allows a diversity of commercial
and residential uses at a greater density. Over time, the area would redevelop into a
more pedestrian-friendly form, becoming a gateway into Downtown Kent rather
than a passageway. This type of major arterial redevelopment has proven effective in
areas such as Lake City Way in Seattle and Central Way in Kirkland.
Since the 2005 DSAP update, Central Avenue has been upgraded with new
sidewalks along many sections of roadway, some utilities placed underground, turn
pockets at James and Smith Streets expanded, and several intersections upgraded
with new signals (i.e., James Street, Pioneer Street, East Meeker Street, East Gowe
Street, Titus Street and Willis Street). Regrettably, some trees needed to be removed
and the street environment still feels hostile to pedestrians traversing Central
Avenue. The Plan identifies a set of actions to make Central Avenue more
pedestrian-friendly and recognizes the need for prominent gateways at important
entry points into Downtown. The Plan also recognizes the need to update the
Downtown Design Guidelines to ensure a more aesthetically-pleasing architectural
form within the Central Avenue District.
EAST DISTRICT
The East District includes a diverse mix of commercial activities and health care
providers, interspersed with single and multiple-family residences. Mill Creek
Middle School and Kent Senior Center are prominent facilities that draw people to
the district. Mill Creek Earthworks Park, a unique park that functions as a
stormwater detention dam and a modernist open space masterpiece, was designed by
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Bauhaus master Herbert Bayer and lies immediately to the east of East Titus Street.
The district is part of the Urban Center and is zoned Downtown Commercial
Enterprise. James Street is the district's northern boundary, East Titus Street wraps it
to the east and south, and State Street is primarily the western edge. Despite the
development opportunity provided by the zoning and proximity to the Sounder
Station,the East District remains much like it has been for decades.
Public input identified the East District as a bridge that connects the adjacent Mill
Creek and Scenic Hill neighborhoods to Downtown. Improving access to the
Downtown core was identified as a need, particularly across Central Avenue to the
Sounder Station. Pedestrian improvements along East Gowe Street would provide a
strong access route to Mill Creek Earthworks Park for residents and visitors.
Ensuring safe routes to school continues to be a priority.
SOUTH DISTRICT
The area immediately south of Smith Street consists of a variety of businesses,
banks, social services, churches, single-family houses, apartments, and senior
housing. Kent City Hall and Police Station, plus a private school housed in a
historic Kent School District building are the largest uses in this district. The
Interurban Trail (located on Puget Sound Energy property) traverses north/south
through the South District adjacent to Uplands Playfield. To the west of the Union
Pacific Railroad tracks and north of Willis Street is a large tract of vacant land ready
for a new use. The zoning is Downtown Commercial Enterprise and Downtown
Commercial which allow a mix of uses and design guidelines that ensure new
construction tucks up to the edge of the sidewalk, making a comfortable pedestrian-
friendly streetscape.
Willis Street provides a pleasant greenbelt on the south and was identified in the
2005 DSAP for gateway enhancements at e and Willis. The uses within and along
the southern edge of the South District frame the Downtown, and as such are critical
to the image projected to visitors. Future development along this edge needs to be
sympathetic to its critical role in projecting a good image. The railroads affect both
the eastern and western margins of the district, and development along these edges is
less substantial. The area is already an attractive in-town neighborhood because of
good automobile and transit access, public services, and pleasant streets. For this
reason, vacant and underdeveloped properties in the district form a mixed-use
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CITY OF IKENT' 2005 Downtown MrategicAction Man
redevelopment target area Connections to the regional trail provide an amenity for
local residents and bring visitors and commuters into Downtown. The parks along
the railroad provide a lovely green buffer between activities in Downtown and rail
traffic passing through, but do not provide the kind of urban respite attractive to
residents, employees, and visitors. The community recognizes the need for green
open space that enhances the livability of the Downtown.
Meeker Street — between e Avenue and Railroad — is part of the historic central
business district of Kent and needs to be highlighted here. It is home to specialty
shops, restaurants, offices, and housing and has walkable streetscape lined with trees
and colorful planters. Traffic is slowed by angled parking. The recent economic
downturn, however, has created challenges for commercial business along Meeker
Street. There continues to be a perception that a stronger pedestrian connection
along 2°d Avenue from Kent Station to Meeker Street is needed to regain economic
vitality to the area. There is also the perception that property owners need to invest
in their buildings. Simple maintenance or a full remodel that upgrades plumbing and
wiring would help attract new tenants. The city can take action is to create
incentives for redevelopment of properties along Meeker Street.
HISTORIC DISTRICT
The Historic District faces 1" and 2nd Avenues between Gowe and Titus. It is a
charming place with lovely turn-of-the-century buildings, cozy sidewalks and
mature street trees. Traffic is slow and the pedestrian is protected by parallel
parking. The historic Post Office built in the 30's has a substantial presence along
Gowe and fits well with its neighbors. The Historic District has a connection to
Meeker Street—the two streets are considered by many as Downtown Kent. For the
most part, the Historic District and Meeker Street in the South District have
continuous storefronts that abut the sidewalk There is street parking and the roads
are narrow which slows traffic. The Historic District, however, contains a
preponderance of Kent's historic commercial buildings that are listed on the state
and local registry. Another difference between the Historic District and Meeker
Street is that the buildings in the Historic District have been cared for over the years,
many with substantial interior remodeling. Consequentially, the storefronts in the
Historic District are filled with specialty shops, restaurants, spas, and night spots.
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With all its charm and commercial success, the Historic District would benefit from
an improved pedestrian connection with Kent Station. The district also would
benefit from the creation of new public open space opportunities and additional
parking. As part of the Urban Center, the zoning in the Historic District is
Downtown Commercial which acknowledges the unique character of the district.
The Downtown Design Guidelines also recognize the historic nature of the district.
DOWNTOWN GOALS - POLICIES - ACTIONS
The Downtown Subarea Action Plan (the Plan) is guided by Kent's Comprehensive
Plan Framework polices and the goals and policies found within elements of the
Comprehensive Plan. The Plan's vision for the Downtown also addresses the policy
areas in VISION 2040. The Plan calls for compact development that expands
housing opportunities, supports economic development and employment in
Downtown, embraces multimodal transportation options, designs green streets and
open spaces, and advances environmental sustainability. The following goals,
policies, and actions are specific to the Downtown and are the result of extensive
community visioning efforts and the Downtown Planning Principles established by
the Kent City Council. They are consistent with the Growth Management Act,
Countywide Planning Policies, VISION 2040, and Transportation 2040. These goals
and policies set the stage for the actions that when implemented will achieve the
goals. They are summarized in Table 4.1 at the end of this chapter.
Land Use Element
The vision for the Downtown is a dense, mixed-use urban center with a `pedestrian
first' orientation and a range of complementary uses. There are multiple options to
get around that are attractive to the new urban resident, including commuter rail.
Downtown Kent will be an extraordinary place for those who live, work, shop, or
play there.
Overall Goal: To create a well designed, pedestrian-oriented, and economically
vibrant urban center with a mix of uses and activities for those who live, work, or
shop in Downtown Kent.
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Policy LU-1: Focus a proportional amount of residential and employment citywide
growth targets into the Urban Center in support of the Countywide Planning Policies
and VISION 2040 growth strategy.
Policy LU-2: Encourage medium- and high-density development in Downtown
through development regulations and design standards to provide an attractive,
livable and high-quality residential mixed-use urban environment.
• Action LU-2.1: Expand the diversity and density of uses in Downtown to
support a vibrant urban environment and ensure regulatory consistency.
a) Amend the Comprehensive Plan Land Use Plan Map and Zoning Districts
Map to encourage a diversity of urban uses and building forms.
b) Amend the development regulations to increase allowable building height
for General Commercial Mixed-Use (GC-MU) within Downtown to ensure
a more dense mix of office, retail, and housing options.
• Action LU-2.2: Ensure development regulations support a livable,
economically vibrant, and well designed Downtown.
a) Revise the Mixed-Use Overlay Development Standards to ensure that the
form of infill development is in keeping with the community's vision,
including minimizing the environmental impacts on adjacent residential
uses.
b) Revise the multifamily development regulations to provide viable, urban-
style housing options within Downtown.
c) Revise the Downtown Design Guidelines and development regulations
where appropriate to reduce the visual impact of surface parking along
pedestrian designated streets.
d) Revise the sign regulations to reinforce a pedestrian-oriented urban
streetscape in Downtown (e.g., encourage blade signs, discourage sandwich
board signs).
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Urban Design Element
Downtown Kent is growing with Kent Station and ShoWare Center as examples of
21" Century Architectural design. The form and function of new public and private
investment in Downtown is guided by policy direction in concert with development
standards and design guidelines. Together they ensure an aesthetically pleasing
urban environment that blends with surrounding neighborhoods and emphasizes the
`pedestrian first'.
Overall Goal: To create an aesthetically pleasing Downtown where building
materials, details, and scale weave together into a rich architectural fabric; the public
realm is comfortable and safe, projecting a `pedestrian first'message; and this urban
form is compatible with adjacent neighborhoods.
Policy UD-1: Maintain and enhance a strong `pedestrian first' character throughout
the Downtown where interest, comfort, and protection from traffic is created through
the design of streets and sidewalks. Where appropriate, add street trees, landscaping,
water features, pedestrian-scaled lighting, street furniture, pavement treatments, or
other softening treatments.
• Action UD-1.1: Apply appropriate Downtown Design Guidelines and
updated development standards to the entire downtown consistent with the
vision.
• Action UD-1.2: Revise the Downtown Design Guidelines `Pedestrian Plan
Overlay' to guide right-of-way use in a manner that will promote a safe,
attractive environment for both motorized and non-motorized users.
• Action UD-1.3: Review and revise where necessary the programmatic
documents and design manuals to ensure pedestrian and bike accessibility
within and adjacent to Downtown is created, enhanced, or preserved.
a. Develop standards for `street-seats', identify appropriate locations within
the pedestrian designated streets for their consideration, and establish a
process for interested businesses to expand their business activities into
parking spaces adjacent to their location.
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• Action UD-1.4: Strengthen the pedestrian connection between Kent Station
and Historic Downtown Kent through good design, public investments, and
private efforts.
a) Install year-round street tree lighting between Kent Station and Historic
Downtown.
b) Add seasonal planters and hanging baskets along 2°d Avenue between Kent
Station and Historic Downtown.
c) Consider a covered pedestrian walkway along 2°d Avenue between Kent
Station and Historic Downtown to provide a visual draw and weather
protection in an effort to attract pedestrians day or night.
d) Work with Kent Downtown Partnership to ensure businesses and property
owners promote pedestrian-oriented activities and visual interest along 2°d
Avenue (i.e., generous entries, interesting and changing display windows,
building decoration, and lighting).
• Action UD-1.5: Establish and promote a coordinated design standard for
streetscape elements and lighting (i.e., benches, bike racks, trash containers,
planters).
a) Establish a working group to review existing streetscape design standards
and revise the standards as necessary.
b) Identify where to apply the streetscape design standards and implement them
through a lasting mechanism.
• Action UD-1.6: Ensure that public streetscapes and private properties in
Downtown are well maintained.
a) Establish and commit to a maintenance standard and schedule for the public
streetscape.
b) Establish an initiative with the private sector to encourage a minimum
maintenance standard of properties.
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c) Work with Kent Downtown Partnership to encourage property owners
associated with the organization to renovate and restore their buildings.
Policy UD-2: Consider the relationship of building intensity and design to support
visual interest and pedestrian comfort and safety.
• Action UD-2.1: Revise the Downtown Design Guidelines and development
regulations to promote ground floor building fagade treatments and uses that
will generate pedestrian interest and comfort (i.e., large windows, canopies,
arcades, plazas and outdoor seating).
• Action UD-2.2: Encourage the use of durable, high quality building
materials to lower maintenance and replacement needs and ensure the
aesthetic appeal of new development.
• Action UD-2.3: Revise the Downtown Design Guidelines and development
regulations to identify locations for continuous building facades, building
setbacks, and historic preservation.
a) Incorporate design options to ensure the historic architectural character of the
urban pedestrian streetscape is maintained while balancing preservation with
renovation and redevelopment.
b) Consider the creation of design options to mitigate for the environmental
effects of building height and bulk in areas where commercial mixed-use
development abuts residential neighborhoods.
• Action UD-2.4: Establish development regulations to prohibit the
development of new drive-through businesses located on Class A designated
streets identified in the Design Guidelines.
Policy UD-3: Support connectivity between public spaces and semi-public spaces on
private land in the Urban Center.
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Housing Element
New housing will be stylish with a variety of housing choices, including apartments,
condominiums, and townhouses. There is a commitment to create a balance of
housing and jobs within the Urban Center supported by rapid mass transit, local
services, entertainment, and parks. People living in downtown will create a vibrant
new neighborhood.
Overall Goal: Provide for well designed and constructed medium- and high-density
residential development that integrates into or is located near commercial activities,
supports a livable pedestrian-oriented urban community, and adds to a variety of
housing types for all income groups and special needs.
Policy H-1: Encourage a variety of quality urban residential housing types and
densities in the Urban Center.
Policy H-2: Allow residential uses to occur in mixed-use structures or complexes or
as stand-alone uses where appropriate.
• Action H-2.1: Provide incentives to residential development in mixed-use
structures or complexes.
Transportation Element
The transportation system supports Kent's land use vision for the Downtown.
Downtown exemplifies a complete street system, where all users are considered in
the planning, construction, and maintenance of this interconnected network. The
anticipated multimodal urban form will generate fewer auto trips than the suburban
form of low density development. People living in Downtown will create a vibrant
new neighborhood where the sidewalk and the pedestrian environment is
increasingly important.
Overall Goal: To provide for a safe and efficient multimodal transportation system to
and within Downtown, in support of the existing land uses, associated activities, and
anticipated growth in households and employment.
Policy T-1: Enhance pedestrian circulation systems and bicycle routes in the Urban
Center. Place emphasis also on pedestrian and bicycle circulation systems which link
adjacent neighborhoods to the Urban Center.
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• Action T-1.1: Establish levels-of-service (LOS)for multimodal facilities (i.e.,
sidewalks, bicycle infrastructure, transit service) which facilitate medium to
high-density development and the associated residential and employment
uses in Downtown.
• Action T-1.2: Evaluate and ensure pedestrian and bicycle connectivity
between adjacent neighborhoods and the Downtown.
• Action T-1.3: Secure and design safe and attractive pedestrian connections
through-out the Downtown and to adjacent residential neighborhoods.
a) Repair, beautify, and maintain Gowe Street east of Central Avenue to
Temperance in an effort to enhance connectivity of the adjoining
neighborhoods to Earthworks Park and the Downtown.
b) Program existing traffic signals at Willis/4t' Avenue, James/2°d Avenue,
Central/James Street, and Central/Smith Street to respond quickly to
pedestrian activation.
c) Ensure that all City departments implementing the streetscape standards
identified in the Downtown Design Guidelines pedestrian plan overlay
coordinate to meet the aesthetic and functional expectations for public rights-
of-way.
d) Plant and maintain street trees as identified in the Downtown Design
Guidelines and fund a lifecycle replacement program.
e) Consider wherever practical replacing paved medians with decorative
pavers, landscaping, or a pedestrian safe-haven whenever road
improvements are made.
• Action T-1.4: Implement design solutions to transform Central Avenue into
an attractive place that provides a sense of pedestrian safety.
a) Examine traffic speeds along Central Avenue and consider options to ensure
a more pedestrian-friendly environment.
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b) Install small physical urban design elements to the existing sidewalk along
Central Avenue (i.e., planters, decorative bollards, etc.)to provide a sense of
separation from vehicular traffic.
c) Create pedestrian refuges at intersections where there are opportunities to do
so.
• Action T-1.5: Work with the Washington State Department of Transportation
(WSDOT)to improve pedestrian safety and aesthetics of the underpasses of
SR-167 along the east/west corridors of Willis, Meeker, and James Street in
the Urban Center.
a) Establish regular clean-up and maintenance for all underpasses (i.e., trash,
graffiti, lighting, bird management, weeding, etc.).
b) Make the existing west bound pedestrian facility at Willis/SR-167 safer by
restriping, adding lane markers, and pedestrian lighting.
c) Install woody drought-resistant ornamental landscapes to provide seasonal
color and interest on underpass embankments of Meeker and James Streets.
d) Establish an `Adopt-a-Street' program for the maintenance of the SR-167
under-passes.
• Action T-1.6: Create prominent and distinctive pedestrian-friendly/auto-
oriented gateways into Downtown.
a) Conduct an interdepartmental study, develop schematic design, and prioritize
potential gateway locations.
b) Develop preliminary engineering design options and construction estimates
for each recognized gateway location.
c) Appropriate funds for implementation of the priority gateways.
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CITY OF KEN3' 2005 Downtown Strategic Action Han
Policy T-2: Take actions to ensure that adequate public parking is available to
support existing uses and facilitate future development in the Urban Center. This
includes efficient management of on-street spaces and future development and
enhancement of structured, off-street parking.
• Action T-2.1: Conduct a parking study to determine parking needs for all
users, including public handicap-accessible parking, and implement
recommendations of the study.
• Action T-3.2: Consider the location of additional parking structures be
located adjacent to the railroad for the purpose of noise abatement.
Policy T-3: Reduce the impacts of heavy gauge rail on the economic vitality and
livability of Downtown.
• Action T-3.1: Continue to work towards grade separation of vehicles and
trains.
• Action T-3.2: Work with the railroads to establish a `Quiet Zone' in
Downtown.
• Action T-3.3: Conduct a noise study to determine the value and feasibility of
soundproofing new construction along the rail tracks.
Parks Element
Well-designed and maintained public spaces in a busy urban environment offer
many opportunities for respite and recreation. Open areas with trees for shade, paths
to stroll along, and places to sit and gather with neighbors, friends, and co-workers
make an important contribution to the livability of the Downtown. The parks and
open space network, whether formal or informal, public or semi-public, is essential
to a lively, successful, and healthy downtown.
Overall Goal: To encourage public spaces that enhance the experience and livability
of Downtown and provide a stage for art and community events.
Policy P-1: Develop, maintain, and operate high-quality parks in Downtown.
Framework for Downtown 4-16
CITY OF KEN3' 2005 Downtown MrategicAction Han
• Action P-1.1: Improve parks and recreation facilities to achieve a safe,
livable, and economically successful downtown.
a) Evaluate existing park assets to create attractive gathering places for all users
and to further downtown livability.
b) Include public safety considerations in landscape design and maintenance
practices.
c) Strengthen the pedestrian and bike connections to recreational facilities
surrounding the Downtown (i.e., Green River Trail, Golf Course, Ice Rink,
Interurban Trail, Earthworks Park, etc.).
d) Enhance the recreational value of Town Square Plaza as a gathering space.
Policy P-2: Look for opportunities to expand the presence of public spaces in the
Urban Center, as well as ways to partner with the private sector to increase
engagement between public spaces and their surrounding private interests.
• Action P-2.1: Study repositioning existing park assets to increase
recreational opportunities in the Urban Center.
Policy P-3: Support cultural events and public art projects in Downtown.
• Action P-3.1: Pursue public art to enhance the Urban Center.
• Action P-3.2: Promote and support community events for cultural
entertainment throughout the year (i.e., music festivals, art shows, plays,
etc.).
Environmental Sustainability Element
Land use and transportation choices play a critical role in how growth impacts the
environmental and social systems. There is a connection between human and
ecosystem health when considering environmental sustainability. Success in
attaining environmental sustainability will be achieved by ensuring the Urban Center
develops into a compact vibrant community supported by broad transportation
Framework for Downtown 4-17
CITY OF KEN3' 2005 Downtown Strategic Action Han
options, built with energy efficient and sustainable building materials, and designed
around resource conservation options.
Overall Goal: To integrate the natural and developed environments into a sustainable
urban center with clean air and water, and a comfortable and secure place for people
to live and work.
Policy ES-1: Reduce automobile dependency and greenhouse gas emissions by
implementing growth management strategies that fully integrate land use and
transportation within the Urban Center.
• Action ES-1.1: Investigate car-share and bike-share opportunities in the
Urban Center to encourage car-free living.
Policy ES-2: Utilize best management practices and available technology to
demonstrate effective environmental stewardship and long-term fiscal responsibility
in city projects.
Policy ES-3: Encourage the wise use of renewable natural resources and support
technology that reduces atmospheric pollutants that contribute to global atmospheric
changes.
• Action ES-3.1: Establish minimum standards for electric vehicle chargers in
residential development.
Policy ES-4: Utilize low impact development techniques in new development and
redevelopment to improve water quality and reduce runoff from streets, parking lots
and other impervious surfaces in an effort to maintain or restore the natural
hydrology of the Green/Duwamish watershed.
• Action ES-4.1: Establish low impact development standards for development
in Downtown.
Public Safety Element
A key to making a place livable is to ensure the safety of people and property. As
the Downtown densities and uses increase over time, it is important to maintain
adequate response times for public safety functions. Public safety services may be
Framework for Downtown 4-18
CITY OF KEN3' 2005 Downtown MrategicAction Han
delivered in a number of ways and will be further explored as the need arises. The
design of the built environment can offer a feeling of safety.
Overall Goal: To provide the expected public safety services to the residents of a
changing and growing Downtown.
Policy PS-1: Provide adequate fire and life safety services in the Downtown
commensurate with increases in population and employment.
Policy PS-2: Enhance the feeling of personal safety along public rights-of-way,
parks, and civic facilities in Downtown.
• Action PS-2.1: Identify key pedestrian routes in Downtown and ensure they
are well-lighted.
• Action PS-2.2: Add pedestrian lighting to the mid-block passageway off 1"
Avenue between Titus and Meeker Street.
• Action PS-2.3: Amend public civility laws to allow for more effective
enforcement.
• Action PS-2.4: Work with Sound Transit to increase security at the Sounder
Rail Station and Sounder Parking Garage.
• Action PS-2.5: Provide appropriate lighting in Downtown parks.
Utilities Element
Downtown growth will increase demand for utilities necessary to conduct business
and maintain a household. The city and private providers will need to work together
to ensure that adequate services are available for anticipated growth.
Overall Goal: To furnish the necessary infrastructure, in partnership with the semi-
public suppliers, that attracts and supports the desired residential and employment
growth within Downtown.
Policy U-1: Eliminate where possible the aesthetic and physical impacts to
pedestrians caused by above ground utility equipment within the sidewalk.
Framework for Downtown 4-19
CITY OF KENT' 2005 Downtown MrategicAction Han
Policy U-2: Establish 21"Century delivery systems for utilities within Downtown.
• Action U-2.1: Designate and underground utilities within Downtown.
• Action U-2.2: Develop a high speed fiber-optic internet system through
public/private partnerships.
Economic Development Element
Downtown is a key asset to the Kent's business community, residents, and work
force. The City has achieved multiple redevelopment goals. Kent Station is an
exciting new entertainment and shopping destination and ShoWare attracts people
from around the region. Proximity to Kent's manufacturing/industrial center, major
freeways, and commuter rail service makes Downtown an attractive place to do
business. Incorporating a strong residential component will position the Downtown
as a complete community and ensure success for all in Downtown.
Overall Goal: Promote the economic health and the planned growth of Downtown
through private/public partnerships, pursuit of incentives, and aggressive promotion.
Policy E-1: Promote and encourage retail uses which serve the residential population
in, and adjacent to,the Urban Center.
Policy E-2: Actively support economic development opportunities through
promotion, partnerships, and strategic planning efforts.
• Action E-2.1: Continue to work with the Kent Downtown Partnership in
support of its efforts to revitalize the Downtown. Work cooperatively to:
a) Recruit additional anchor stores and key retailers into the Urban Center.
b) Recruit a diversity of businesses to create a synergy among uses that will
increase business activity for all.
c) Encourage businesses to increase store hours into the evening.
Framework for Downtown 4-20
CITY OF KEN3' 2005 Downtown MrategicAction Han
d) Identify and promote an entertainment district within the Urban Center that
encourages evening activity.
• Action E-2.2: Adopt and implement a Planned Action Ordinance and Infill
Development Ordinance to facilitate redevelopment in Downtown.
• Action E-2.3: Propose development incentives for economic revitalization
within an identified portion of the Downtown to stimulate property
investment and create new space for businesses and other uses.
• Action E-2.4: Work with Sound Transit to develop retail along 2°d Avenue in
front of the Sounder Parking Garage.
PolicyE-3: Provide voluntary incentives for the replication or protection of historic
facades or other significant design features when redevelopment occurs.
Policy E-4: Encourage a balance of housing and employment opportunities within
the Urban Center using a variety of tools.
• Action E-4.1: Expand existing residential development incentives to include
all of the Downtown.
• Action E-4.2: Promote and encourage retail uses which serve the residential
population in, and adjacent to,the Urban Center.
• Action E-4.3: Create site specific incentive packages for targeted
commercial, residential and mixed-use development which can include
infrastructure investments, marketing support, training, and real estate site
advertising, among other possibilities.
Policy E-5: Work with business owners, property owners, and the brokerage
community to better understand business operational needs to inform development
initiatives and leasing strategies.
• Action E-5.1: Create interim strategies for vacant lots (i.e., clean-up,
beautification, and interim activity-generating uses).
Framework for Downtown 4-21
CITY OF IKENT' 2005 Downtown MrategicAction Han
• Action E-5.2: Encourage businesses and landowners to improve the
maintenance and aesthetics of properties in Historic Downtown.
LAND USE PLAN MAP
The Land Use Plan Map for the Downtown Subarea Action Plan establishes the
framework for amendments to the City's official Zoning Districts Map (see Figure
4.1). All designations will be incorporated into the Kent Comprehensive Plan.
Framework for Downtown 4-22
COUNCIL WORKSHOP
September 17, 2013
ATTACHMENT B
2005 & 2013 DSAP ACTIONS
2013 DOWNTOWN SUBAREA ACTION PLAN
4.1 Phasing of Kent Downtown Subarea Action Plan Recommendations.
Strategic Time
RECOMMENDATION Frame
0-2 2-5 5-10 30-20 Funding
yr yr yr Yr Implications considerations
LAND USE ELEMENT:
1 Action LU-2.1: Expand the diversity and density of uses. Existing Staff
a. Amend the Land Use Plan and Zoning Districts Maps. Existing Staff
b. JIncrease height for General Commercial Mixed-Use . Existing Staff
2 Action LU-2.2: Ensure developmnet regulations support a livable,
economically vibrant, and well designed Downtown. Existing Staff
a. Revise the Mixed-Use Overlay Development Standards. Existing Staff
b. IRevise the multifamily development regulations. Existing Staff
c. IRevise Design Guidelines and development regulations. Existing Staff
d. lReview and revise the sign regulations. Existing Staff
URBAN DESIGN ELEMENT:
3 Action UD-1.1: Apply Design Guidelines and development standards
to the entire Downtown consistant with the vision. Existing Staff
4 Action UD-1.2: Revise Design Guidelines Pedestrian Plan Overlay' Existing Staff
5 Action UD-1.3: Revise programmatic and design manuals to ensure
pedestrian and bike accessibility. Existing Staff
a. lConsider standards for street-seats'. Existing Staff
6 Action UD-1.4: Connect Kent Station and Historic Kent.
a. Install year-round street tree lighting. $50-$150K $5K Annually
b. Add seasonal planters and hanging baskets. $10K Annually
c. Consider a covered pedestrian walkway along 2nd Avenue. Maintenance
$1.6-$2.2M
Costs
d. Promote pedestrian-oriented activities and visual interest. Existing Staff
7 Action UD-1.5: Establish a streetscape design standard. Existing Staff
a. JEstablish a working group to review streetscape standards. Existing Staff
b. lIdentify where to apply streetscape standards. Existing Staff
8 Action UD-1.6: Ensure that public streetscapes and private
properties in Downtown are well maintained. Existing Staff
a. Maintain public streetscape. Newt FTE
b. Encourage the private sector to maintain properties. Existing Staff
c. Work with KDP to encourage property owners to renovate and
restore their buildings. Existing Staff
9 Action UD-2.1: Revise Design Guidelines and development
regulations to promote 1st floor facade treatments and uses. Existing Staff
10 Action UD-2.2: Encourage use of high quality building materials. Existing Staff
11 Action UD-2.3: Revise Design Guidelines and development
regulations to identify locations for continuous buildings. Existing Staff
a. Maintain historic architectural character of the urban pedestrian
streetscape. Existing Staff
b. Consider design options to mitigate building height and bulk to
adjacent residential neighborhoods. Existing Staff
12 Action UD-2.4: Establish regulations to prohibit the development of
new drive-through businesses on Class A streets. Existing Staff
Strategic Time
RECOMMENDATION Frame
0-2 2-5 5-10 30-20 Funding
yr yr yr Yr Implications Considerations
HOUSING ELEMENT:
13 Action H-2.1: Provide incentives to residential development in
mixed-use structures or complexes. Existing Staff
TRANSPORTATION ELEMENT:
14 Action T-1.1: Establish LOS for multimodal facilities. Consultant
15 Action T-1.2: Ensure pedestrian and bicycle connectivity. Existing Staff
16 Action T-1.3: Design safe &attractive pedestrian connections to
adjacent neighborhoods.
a. Repair&beautify Gowe St from Central to Temperance. $7M-$8M
b. Program existing traffic lights along Central. Existing Staff
c. Departments coordination when implementing standards. Existing Staff
d. Plant and maintain street trees, ensure lifecycle funds. $100KAnnually
e. Beautifying paved medians with road improvements $200K Annually
17 Action T-1.4: Transform Central Ave into a place for pedestrians. Existing Staff
a. Examine traffic speeds along Central Ave. Existing Staff
b. Consider possible elements for pedestrian safety and comfort. Cost contingent
on solutions
c. Evaluate improvements to sidewalks at street corners. $150K
18 Action T-1.5: Work with WSDOT to improve pedestrian safety and
aesthetics of the under-passes of SR-167.
a. Clean up and maintain underpasses of SR-167. $50K Annually New 1 FTE
b. Explore pedestrain improvements at Willis/SR-167. Existing Staff
c. Install drought-resistant ornamental landscapes. $200K $75K Annually
d. Establish an 'Ado pt-a-Street' program for the maintenance. Existing Staff
19 Action T-1.6: Create gateways into Downtown. Existing Staff
a. Design and prioritize potential gateway locations. $30K
E.JDevelop engineering design options and cost estimates. $50K Annually
c. JAppropriate funds for implementation. $200K- $500K
20 Action T-2.1: Work towards train grade separation of vehicles. $25M
21 Action T-2.2: Work to establish a Quiet Zone'. $2M
22 Action T-2.3: Determine the value and feasibility of new
construction soundproofing along the rail tracks. $25K-$40K
PARKS ELEMENT:
23 Action P-1.1: Improve parks and recreation facilities to achieve a
safe, livable, and economically successful Downtown. Existing Staff
a. Evaluate park assets to create attractive gathering places. Existing Staff
b. Include public safety considerations in landscape design. Existing Staff
c. Strengthen connections to surrounding recreational facilities. To be Determined
d. Enhance recreational value of Town Square Plaza. To be Determined
24 Action P-2.1: Study repositioning existing park assets to increase
recreational opportunities. To be Determined
25 Action P-3.1: Pursue public art to enhance the Urban Center. Existing Staff
26 Action P-3.2: Promote and support community events. Existing Staff
ENVIRONMENTAL SUSTAINABILITY ELEMENT:
27 Action ES-1.1: Investigate car- and bike-share opportunities. Existing Staff
28 JAction ES-3.1: Standards for residential electric vehicle chargers. Existing Staff
29 lAction ES-4.1: Establish low impact development standards. Existing Staff
Strategic Time
RECOMMENDATION Frame
0-2 2-5 5-10 30-20 Funding
yr yr yr yr Implications Considerations
PUBLIC SAFETY ELEMENT:
30 Action PS-2.1: Ensure key pedestrian routes are well-lighted. $200K
31 Action PS-2.2: Add lighting to the 1st Ave mid-block passageway. $75K
32 Action PS-2.3: Amend public civility laws and enforce. Existing Staff
33 Action PS-2.4: Security at Sounder Rail Station and Garage. Existing Staff
34 Action PS-2.5: Appropriate lighting in Downtown parks. $1 OOK
UTILITIES ELEMENT:
35 Action U-2.1: Underground utilities in Downtown. $20M
36 Action U-2.2: Develop a high speed fiber-optic internet system. Existing Staff
37 Action U-3.1: Conduct&implement a parking study. $20K
38 Action U-3.2: Consider the locations for parking structures. Existing Staff
ECONOMIC ELEMENT:
39 Action E-2.1: Work with the KDP to revitalize Downtown. Existing Staff
a. Recruit additional anchor stores and key retailers. Existing Staff
b. Recruit a diversity of businesses. Existing Staff
c. Encourage an increase of store hours into the evening. Existing Staff
d. Identify and promote an entertainment district. Existing Staff
40 Action E-2.2: Adopt and implement a Planned Action Ordinance and Funded 2013-
Infill Development Ordinance. 14 Budget
41 Action E-2.3: Propose development incentives for economic
revitalization within an identified portion of Downtown. Existing Staff
42 Action E-2.4: Encourage Sound Transit to develop retail space along
2nd Ave in front of Transit Garage. Existing Staff
43 Action E-4.1: Expand existing residential development incentives. Existing Staff
44 Action E-4.2: Promote and encourage retail uses. Existing Staff
45 Action E-4.3: Create site specific incentive packages for targeted
commercial, residential and mixed-use development. Existing Staff
46 Action E-5.1: Create interim strategies for vacant lots. Existing Staff
47 Action E-5.2: Encourage businesses and landowners to improve the
maintenance and aesthetics of historic properties. Existing Staff
Figure 4.1 Phasing of Kent Downtown Subarea Action Plan Recommendations.
2005 DOWNTOWN STRATEGIC ACTION PLAN - ACTIONS COMPLETED
Figure 4-2: Phasing of Kent Downtown Strategic Action Plan Recommendations
RECOMMENDATION Strategic Time Frame
from 2004
d
a
A. LAND USE w2 yr 2-5 yr 5-10 yr 10-20 yr o
U
Al. Redesigate SF-8 area between James&Cloudy City to revise zoning.
Streets and Fourth&Fifth Avenues N. to DCE
and multi-family residential
A2. Review master plan development applications for
Kent Station(fmr. Borden site)
A3. Promote infill housing At least 200 market rate dwelling units
by 2008.
a. Extend multi-family residential tax abatement Revise existing multi-family residential
to rental units in Downtown development tax abatement program.
b. Reduce or waive permit fees for Downtown
residential development
c. Allow five stories of wood-frame construction Review applicable builc&ng and fire
above a concrete base codes.
d. Remove Zoning Code minimum lot size Include in 2004 CPAICPZ cycle.
requirement in development standards for r✓
multi-family residential zones in DSAP
districts
A4. Encourage mixed-use development As needed
a. Lincoln Park&Ride lot King County selling 8 acres ofDCE-
zoned 9.5 acre lot, see Recommendation
Dl.d
b. Municipal Parking Lot Possible long-term interest in mixed-use
redevelopment
c. Ten(10) acres between SR-167,the UP RR, Lot zoned DCE is for sale, see
Willis&Meeker Streets Recommendations B5 and Dl.d
A5. Study impacts of pawn shops,bail bond offices,
day labor agencies, casinos, adult entertainment
businesses,gas stations and tattoo parlors
A6. Rezone DCE area on Central Ave. between Smith Fold into 2004 CPAICPZ cycle.
and Gowe Streets to GC
AT Allow underground stoma water detention vaults Review applicable development
where appropriate for Downtown sites larger than standards of Public Works Department
one acre in size
B. TRANSPORTATION
B 1. Develop commuter rail station Service components completed in 2001.
B2. Construct street improvements
a. Fourth Avenue
1 James to north of Smith St Completed in 2004.
2 North of Smith St. to Meeker St. Scheduled for completion in 2005.
b. Second Avenue Triggered by site development
1 Sidewalk replacement Smith St to Harrison Scheduled for completion in 2006
St.
S:\Permit\Plan\COMP_PLAN_AMENDMENTS\2012\CPA 2012-1 Downtown\Council\09-17-13\2005DSAP_Fig4-
2 ActionPlan B.xls
2005 DOWNTOWN STRATEGIC ACTION PLAN - ACTIONS COMPLETED
0-2 yr 2-5 yr 5-10 yr 10-20 yr
c. Smith Street Linked to rail station connections&Kent
Station development
1 Fourth Ave. to Railroad Ave. Scheduled for completion in 2005.
d. Central Avenue High priority.
1 James to George St Completed in 2004.
e. Saar Street Triggered by private development
if IMeeker Street High priority.
g. I Sixth Avenue Property owner initiated
133. Plan for overpass at Willis Street-at UP and Determined by Regional Fast Corridor
BNSF tracks project
134. Adopt street tree standards Street tree plan and species selection
document is currently applied to
development
135. Consider accessibility options from Willis and
Meeker Streets for properties located between SR
167 and the Union Pacific RR
C. PUBLIC FACILITIES
Cl. Upgrade downtown parks
a. Locate a Town Square
b. Enhance parks along railroad Could be incremental effort
c. Masterplan Commons Playfield High prionty-coordinate parking.
d. Develop street tree plan Completed
C2. Enhance Gateways
a. Fourth and James
b. Fourth and Smith
c. Fourth and Meeker Supports rail station
d. Fourth and Willis
e. Central and Meeker
f Central and Smith
g. Second and Smith Connects Kent Station and Historic
Core.
C3. Add public buildings
a. Performing Arts Center
b. Public Market This item completed but Public Market
has returned to Municipal Parking Lot
c. Rail station structure Service components completed in 2001,
parking garage completed 2002.
C4. Provide trails and Paths
a. ILinks from Interurban Trail
b. IPath along James Street
c. IMill Creek/Kennebeck
C5. Incoporate public art Continuous effort
C6. Improve pedestrian bridge over Mill Creek at
Temperance St.
77. Plan for eventual undergrounding of all utilities in Long-term implementation-coinciding
the Historic Core District with private development
S:\Permit\Plan\COMP_PLAN_AMENDMENTS\2012\CPA-2012-1 Downtown\Council\09-17-13\2005DSAP_Fig4-
2 ActionPlan B.As
2005 DOWNTOWN STRATEGIC ACTION PLAN - ACTIONS COMPLETED
D. DESIGN GUIDELINES w2 yr 2-5 yr 5-10 yr 10-20 yr
D1. Refine design guidelines
a. Historic Core District Completed incorporated into adopted
Downtown Design Guidelines.
b. Central Avenue Corridor District See above.
c. Smith and Fourth corridor See above.
d. East Frame and West Frame District parking Include in 2004 CPAICPZ cycle.
standards revision
e. North Frame District incorporated into Consistent with DSAP boundaries-
Downtown Design Review Area include in 2004 CPAICPZ cycle.
E. TARGET AREAS
El. Explore redevelopment opportunities
a. Obtain Smith Street right-of-way
b. Work with property owner on Borden site Sale completed City is master planning -®+
site.
c. Fourth Avenue
d. Central core historic streets Ongoing effort with KDP.
e. South Core District Revise residential development
incentives, and encourage mixed-use.
if I Central Avenue Corridor District �✓
F. COMMUNITY BUILDING i
Fl. Continue working with Kent Downtown Ongoing.
Partnership in revitalization efforts
a. Assist in identifying and promoting issues and Ongoing.
opportunities to benefit community interests
and economic health
b. Actively promote historical preservation Ongoing- education, inventory, archive.
c. Support live performance arts in public places, Revise codes as needed
and encourage live performance arts in retail
and restaurant businesses
F2. Encourage adaptive reuse of historic Kent Depot Assist KDP and Greater Kent Historical
Society efforts
F3. Address causes and consequences of
homelessness in Downtown
S:\Permit\Plan\COMP_PLAN_AMENDMENTS\2012\CPA-2012-1 Downtown\Council\09-17-13\2005DSAP_Fig4-
2 ActionPlan B.xls
COUNCIL WORKSHOP
September 17, 2013
ATTACHMENT C
LAND USE PLAN MAP & ZONING DISTRICTS MAP
Please refer to DSAP project notebook for parcel specific details.
See Tab #2
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COUNCIL WORKSHOP
September 17, 2013
ATTACHMENT D
GENERAL COMMERCIAL MIXED USE (GC-MU)
ZONING DISTRICTS MAP
and
MIXED USE OVERLAY REGULATIONS
CODE AMENDMENT EXCERPTS
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15.02.260 Mixed use development
Mixed use development shall mean two (2) or more permitted uses or conditional uses developed in conjunction
with one another on the same site. Provided that the aforementioned requirements are met, a mixed use
development may include two (2) or more separate buildings. Provided further, that at least twenty-five (25) percent
of the gross floor area, as defined in KCC 15.02.170, be a permitted commercial use except far mixed use
develapment in General Cammercial where at lust fiv as
defined in KCC 15.02.170 Ge a permitted commercial use. The residential component of any mixed use
development cannot be permitted or occupied prior to the (permitting and/or occupancy of) the commercial
component.
(Ord. No. 3092, § 1, 2-16-93, Ord. No. 3345, § 2, 5-7-97)
ZCA-2013-2
Mixed Use Overlay Regulations Code Amendment
Attachment-B
LUPB Public Hearing—July 22,2013
70. New construction shall conform to applicable Federal Aviation Administration regulations, including Part 77,
Federal Aviation Regulations, Objects Affecting Navigable Airspace, as presently constituted or as may be
subsequently amended.
71. The transit-oriented community design review requirements of KCC 15.09.045 shall apply.
72. design review for multifamily development is required as provided in KCC 15.09.045@}
15.04.200 Mixed use overlay development standards.
GC-MU O-MU CC-MU
Floor Area ,es, .40 for commercial uses. .40 for commercial uses.
ratio eta;-uses .50 for commercial uses .50 for commercial uses
eefi'ibifted-with-fesklen4M combined with residential combined with residential
utse ; uses; provided, that uses; provided, that
e commercial floor area may commercial floor area may
be increased by one (1) be increased by one (1)
sq a square foot for each square square foot for each square
feet-of °de foot of residential floor area foot of residential floor area
pr provided up to a maximum provided up to a maximum
ee commercial FAR of .5 if commercial FAR of .5 if
k° parking is provided below parking is provided below
t of grade, up to a maximum of grade, up to a maximum of
#5 IVot Applicable 1.5. 1.5.
Site Forty (40) percent for Forty (40) percent for Forty (40) percent for
coverage commercial uses. Sixty commercial uses. Sixty (60) commercial uses. Sixty
(60) percent for percent for commercial uses (60) percent for
commercial uses with with residential uses; commercial uses with
residential uses; provided, provided, that twenty-five residential uses; provided,
that five 5 4w (25) percent of the gross that twenty-five (25)
{2&)-percent of the gross floor area is residential use. percent of the gross floor
floor area is commercial area is residential use.
es de t;W use.
Height Tw Sixty-five Twenty-five (25) feet; Twenty-five (25) feet;
(2-565) feet. provided, that basic heights provided, that basic heights
brs,&„v,yr,,J;;ay Uv may be increased up to the may be increased up to the
;,^K+ease p 94he maximum height of forty maximum height of forty
(40) feet. (1) (40) feet. (1)
feet—(1}
Front yard Zero (0) feet; provided, Zero (0) feet; provided, that Zero (0) feet; provided,
that some setback may be some setback may be that some setback may be
required in the front yard required in the front yard to required in the front yard
to accommodate a sidewalk accommodate a sidewalk to accommodate a sidewalk
which shall be at least ten which shall be at least ten which shall be at least ten
10 feet in width. 10 feet in width. 10 feet in width.
Rear and Zero (0) feet; provided, Zero (0) feet; provided, that Zero (0) feet; provided,
side yard that setbacks of at least setbacks of at least twenty that setbacks of at least
twenty (20) feet will be (20) feet will be required in twenty (20) feet will be
required in any rear or side any rear or side yards that required in any rear or side
yards that are adjacent to a are adjacent to a residential yards that are adjacent to
residential zoning district. zoning district. a residential zoning district.
ZCA-2013-2
Mixed Use Overlay Regulations Code Amendment
Attachment-B
LUPB Public Hearing—July 22,2013
Off-street RetiWeffiee-uses�+euf-(4� Retail/office uses: Four (4) Retail/office uses: Four (4)
parking spaees-peF-&He4heusaH4 spaces per one thousand spaces per one thousand
�44���e-feeteffkaef (1,000) square feet of floor (1,000) square feet of floor
afea-.+a+--ResKlentk4-uses area. (2) Residential uses area. (2) Residential uses
KCC
Review Le
(Ord. No. 3439. § 2. 2'2'99, Ord. No. 3440. § 0. 2'10'99, Ord. No. 3000. § 3. 5'7'02, Ord. No. 3012. § 3. 0'0'02)
15.04.205 Mixed use land use development standard conditions.
1 The following height modifications shall apply:
aFive (5) footinunaaoeohordeve|opnoentouontainingnaoidentia| uoeo, pnovided. thatbwenty'five (25)
percent of gross floor area ioin residential use.
b. Five (5) foot increases for parking under the building.
u Five (5)foot increases for using a pitched roof form.
d. Five (5) foot increase for stepping back from the top floor (minimum of five (5) feet).
2. The first three hundred (300) square feet of retail or office space that is a part of an individual residential unit is
exempt.
3 The following parking requirements shall apply:
a8tudio: 75perdwe||ingunit (du) withoutuononoeruia| uoeo, 50/duwithuononoeruia| uoeo, provided. that
twenty-five (25) percent of overall gross floor area is in commercial uses.
b. (}nebedroono 15/duwithoutuononoeruia| uoeo, 10/duwithuononoeruia| uoeo, provided. thatbwenty'five
(25) percent of overall gross floor area ioin commercial uses.
uTwo'bedroono 20/duwithoutuononoeruia| uoeo, 125/duwizhuononoeruia| uoeo, provided. thattwenty'
five (25) peruentofovera| gr000Ooorareaioinuononoeruia| uoeo
(0rd No. 3439. § 2. 2'2'99, Ord. No. 3000. § 3. 5'7'02, Ord. No. 3012. § 3. 0'0'02)
zcx'zoz3'z
Mixed Use Overlay Regulations Codexmendment
Attachmentu
Lopu Public Hearing-July zzzoz3
CHANGES TO THE AGENDA
Citizens wishing to address the Council will, at this time, make known the
subject of interest, so all may be properly heard.
A) From Council, Administration, or Staff
B) From the Public
PUBLIC COMMUNICATIONS
A) Public Recognition
B) Community Events
C) Introduction of Lodging Tax Advisory Committee Appointee
D) Proclamation for National Public Lands Day at Park Orchard Park
E) Public Safety Report
F) Intergovernmental Reports
WHEREAS, one-third of America's lands are in public hands; and
WHEREAS, National Public Lands Day began in 1994 to keep the promise of the
Civilian Conservation Corps, the three million Americans that worked
from 1933-42 to preserve and protect America's natural heritage; and
WHEREAS, in 2012, 175,000 volunteers worked at 2,206 sites in every state, the
District of Columbia and in many U.S. territories, making it the biggest
National Public Lands Day in the history of the event; and
WHEREAS, Kent has proudly participated in this event since 2007; and
WHEREAS, Kent Parks, Recreation and Community Services Department is
dedicated to enriching lives by providing safe and inviting parks, open
spaces and facilities; and
WHEREAS, connecting with others and working together through volunteer service
unite the diverse groups in our community to undertake and complete
a successful project; and
WHEREAS, the City of Kent and volunteers in the Kent community can once again
join together on the last Saturday in September for a common goal to
improve facilities in Kent and keep the toll of invasive species from
rising;
NOW THEREFORE; I, Suzette Cooke, Mayor of the city of Kent, do hereby proclaim
September 28, 2013 as
National Public Lands ®ay at Park Orchard Park
in the city of Kent, Washington, and I encourage all citizens to join me in
recognizing that every citizen can play a role in the stewardship of our
environment.
In witness whereof, I have hereunto set my hand and caused the seal of Kent to be
affixed this 17th day of September, 2013.
S zet p Cooke, Mayor
r
KEN T
^Uc 1 WASHINGTON
PUBLIC COMMENT
Agenda Item: Consent Calendar 7A - 7B
CONSENT CALENDAR
7. City Council Action:
Councilmember moves, Councilmember
seconds to approve Consent Calendar Items A through I.
Discussion
Action
7A. Approval of Minutes.
Approval of the minutes of the workshop and regular Council meeting of
September 3, 2013.
7B. Approval of Bills.
Approval of payment of the bills received through July 31 and paid on July 31
after auditing by the Operations Committee on August 20, 2013.
Approval of checks issued for vouchers:
Date Check Numbers Amount
7/31/13 Wire Transfers 5553-5566 $1,243,227.03
7/31/13 Regular Checks 675004-675381 3,543,602.38
7/31/13 Use Tax Payable 387.38
$4,787,216.79
Approval of checks issued for payroll for July 16 through July 31 and paid on
August 5, 2013:
Date Check Numbers Amount
8/5/13 Checks 332515-332661 $ 118,441.57
8/5/13 Advices 317109-317760 1,229,266.12
$1,347,707.69
(Continued on back)
7B. Approval of Bills.
Approval of payment of the bills received through August 15 and paid on
August 15 after auditing by the Operations Committee on September 3, 2013.
Approval of checks issued for vouchers:
Date Check Numbers Amount
8/15/13 Wire Transfers 5567-5585 $1,605,558.35
8/15/13 Regular Checks 675382-675990 2,503,922.78
8/15/13 Use Tax Payable 4,830.79
$4,114,311.92
Approval of checks issued for payroll for August 1 through August 15 and paid on
August 20, 2013:
Date Check Numbers Amount
8/20/13 Checks 332662-332803 $ 106,227.78
8/20/13 Advices 317761-318413 1,209,260.47
$1,315,488.25
Z' KENT
Kent City Council Workshop
September 3, 2013
The meeting was called to order at 5:33 p.m. by Council President Dennis Higgins.
Councilmembers present: Thomas, Boyce, Perry, and Ralph. Councilmember Ranniger
arrived at 5:59 p.m.
Council President Higgins discussed Council workshop meeting procedures.
Riverbend Golf Complex. Parks and Community Services Director Jeff Watling
discussed the Riverbend Golf Complex and highlighted the community open meetings.
He stated that there is a degree of public value that has been derived from the
facility. He pointed out that the staff at the Riverbend have communicated that the
target audience for the facility is beginner, youth, and senior golfers. He communi-
cated that the policy question that needs to be answered is whether the Council wants
the facility to continue as an enterprise or as a general fund/park facility. He stated
that the issues surround addressing some debt repayment, paying for capital needs,
and how to obtain operational sustainability. Council President Higgins confirmed that
the golf course was established as an enterprise since its inception and that it has
never been sustained through the general fund.
Watling verified that the course was built in 1989 and that the City purchased the
Par 3 in 1984 from a private owner.
Watling continued and discussed debt repayment and reviewed the interfund loan
history. He noted that the current debt is $2.25 million and by law it must be paid
back.
Councilmember Ralph communicated that the original debt to build the course was
paid off in 2010.
Councilmember Boyce confirmed that $2.25 million is the balance owed in 2013. He
communicated that the operating loss from 2009 - 2011 negatively affected the
interfund loan balance.
Watling highlighted the facility's capital needs and noted that all of the improvements
would cost the City $2.36 million and that some of the assets that need replacing
have been retained for more than double their lifecycle.
Councilmember Ralph verified that the water bill is about $90,000 per year and
Brubaker communicated that the source is a fire hydrant, so the need to drill a new
irrigation well is critical.
Watling added that none of these items are currently funded.
Councilmember Ralph verified that the capital needs on the list are for the entire
Riverbend Golf Complex.
1
Kent City Council Workshop Minutes September 3, 2013
Watling continued and discussed operational sustainability. He noted that the revenue
was $2.6 million and expenses were just under $2.8 million.
Council President Higgins inquired if there were opportunities to divert costs related to
fleet, city attorney fees, etc that the complex pays for and receives from the City.
Watling communicated that it would be a policy decision.
Councilmember Ralph verified that the full 5 percent admissions fee increase didn't
occur and Councilmember Thomas noted that in order to run the facility some fees
need to be increased.
Watling discussed business model revisions and he said selling the Par 3 is a hard
decision, but it would pay for the capital needs and reduce the footprint.
Council President Higgins noted that intent is to save the golf course and it seems
that a possible sale of the Par 3 might be the way to save it.
Watling discussed the annualized costs. Councilmember Ralph interjected and
communicated that the full capital needs for 2014 are $1.23 million.
Watling communicated that outsourcing the facility still means that the City would
have to come up with the capital to run the facility.
Brubaker questioned if the City should use the general tax payments of 120,000
residents to operate the golf facility and Councilmember Thomas added that he
couldn't see residents wanting the Council to hold off the hiring of more police officers
to run a golf course.
Councilmember Perry discussed the interfund loan and confirmed with Brubaker that
the golf course could be funded by the general fund, but the City would have to
explicitly communicate to the auditor how the City would pay the loan back.
Council President Higgins inquired if there was another way for the City to go about
this without using the general fund and keeping the complex as an enterprise.
Watling replied that fee increases could possibly keep the entity in the black.
However, Brubaker communicated that he doesn't think keeping it would work.
Brubaker asked the Council how they wanted to proceed.
Councilmember Perry communicated that enterprise funds entities aren't profitable.
Brubaker stated that the golf course is operating in the red and it either needs to be
kept a business, or if it goes to the general fund something has to be cut.
Councilmember Boyce confirmed that $650,000 will need to be cut from the general
fund to keep the Riverbend Complex in operation in the general fund.
Council President Higgins summarized the discussion.
2
Kent City Council Workshop Minutes September 3, 2013
Watling responded to Council President Higgins and stated that it would be ideal to
find an organization that could operate it and repay the debt.
Councilmember Ralph noted previous discussions about what surveys that note what
ShoWare Center brings to the City and inquired what the golf course brings in.
Watling replied that a similar study hasn't been done yet.
Council President Higgins stated that he doesn't want to see the golf course funded
from the general fund. He said he doesn't want to sacrifice police or any other basic
services.
Councilmember Boyce communicated that he also doesn't feel moving the golf course
into the general fund is the way to solve the issue.
Councilmember Perry communicated that the golf course it is a community asset and
it is the debt of the City. She felt having it as an enterprise fund isn't the way to go.
She felt the course should be a part of the parks system. She stated that golf is an
upward mobility sport and general fund revenues should be used to maintain it.
Council President Higgins noted that he wants the course saved and wants to work to
save it.
Councilmember Perry communicated that she wants the entire Riverbend Golf
Complex retained.
Councilmember Thomas communicated that it may make sense to sell a part of the
course to retain most of it. He reviewed its capital needs.
Councilmember Ralph communicated that she isn't comfortable with moving the golf
course into the general fund. She added that she also is uncomfortable with giving up
the rights to the property. She said she is interested in generating revenues and is
curious to find out what other municipalities are doing. She said she isn't ready to
give up on this.
Councilmember Ranniger expressed interest in the strategic opportunities and how
the general fund could absorb the course without cutting other areas and services.
Councilmember Perry stated that the strategic opportunities fund is the best fit for
this.
Brubaker added that the staff will bring forth something concerning this for the
Council to review. He added that there are several parks that need repairs and
moving to draw from other sources for this will delay other park's needs.
Watling inquired if the next step is to explore this in the Parks Committee and look at
options under the enterprise model and determine what could be funded through the
general fund.
Council President Higgins said he wanted to have this wrapped up by the end of his
term.
3
Kent City Council Workshop Minutes September 3, 2013
Watling and Brubaker stated that the staff would give the Council a context on how all
of this would work.
Transportation Town Hall Meetinas. Council President Dennis Higgins
communicated that the Senate is holding seven open public meetings on the
transportation budget. He wants the Council to send a letter to the Senate or have
someone attend them to ensure Kent's priorities are communicated.
Councilmember Perry communicated that the Lodging Tax Advisory Council authorized
contracts for marketing and the City is working with focus groups in Kent to develop
Kent's brand. She noted that neighborhoods, the Chamber of Commerce, and the
Kent Development Partnership will be contacted. Specifically, the firm will work on the
websites of the city, chamber, school district, and all public entities in Kent. The
focus, she said, is to create a Kent brand, tagline, look, and a new logo. This will
include ensuring all Kent entities have the same "look" on their websites.
The meeting adjourned at 6:41 p.m.
Ronald F. Moore, MMC
City Clerk
4
�1 KENT
Kent City Council Meeting
September 3, 2013
The regular meeting of the Kent City Council was called to order at 7:00 p.m. by
Mayor Cooke.
Councilmembers present: Cooke, Higgins, Boyce, Perry, Ralph, Ranniger and Thomas.
Councilmember Albertson was absent from the meeting.
CHANGES TO THE AGENDA
A. From Council, Administration, Staff. Council President Higgins removed Item 7D
from the agenda and added it to Other Business.
B. From the Public. None.
PUBLIC COMMUNICATIONS
A. Public Recoanition. Councilmember Ralph thanked a Boy Scout for attending the
workshop.
B. Community Events. None.
C. Proclamation for Gay Pride Day. Mayor Cooke read the proclamation and noted
that there will be a party at Gazebo Park on Saturday, September 7. Wade Schwartz
and Bill Walters thanked the Mayor for the proclamation and stated they were proud to
live in the City of Kent.
D. Proclamation for National Recovery Month. Mayor Cooke read the
proclamation. Mike Heinz and Jackie Junami accepted and thanked the Mayor and
Council for the proclamation.
E. Proclamation for Brooks and Mary Loop Day. Mayor Cooke read the
proclamation. Brooks and Mary Loop accepted the proclamation and thanked the
Mayor for the proclamation.
F. Interaovernmental Report. Council President Higgins congratulated Brooks and
Mary Loop for their contributions to the City. He communicated that the King County
Mental Illness and Drug Dependency (MIDD) Oversight Committee met on August 27th
and heard a report from the Downtown Emergency Services Center on their first full
year of operations. He added that the next meeting of the Regional Transportation
Board is September 18th and they are still deliberating over the 17% King County
Metro Transit service cut if the legislature doesn't take action concerning transporta-
tion funding. He added that there are seven open public meetings beginning
September 18th hosted by the Senate and he will be attending at least two of them
and drafting a Council letter to ensure the needs of Kent and this region are
communicated. He added that the Regional Policy Committee meeting is on
September IIth
1
Kent City Council Minutes September 3, 2013
Councilmember Ralph communicated that the King County Regional Law and Safety
Committee meet last Thursday morning and discussion continued on getting lower
level offenders in our community into the services they need instead of jail. She said
she sat down with Police Chief Thomas and discussed what Kent can do to begin
looking at the issue. She discussed police crisis intervention training that is offered and
she was pleased that most of them have been through or are going to the training.
Councilmember Perry thanked the councilmembers for going to the Sound Cities
Association Policy Issues Committee meetings.
PUBLIC COMMENT
1. Jacinta Bird, SeaTac, thanked Mary Loop for her work in the community and that
she is an advocate for her community and the church. She noted her diversity and said
she is willing to volunteer in the City.
CONSENT CALENDAR
Council President Higgins moved to approve Consent Calendar Items A
through D, seconded by Councilmember Thomas. The motion carried and the
following items were approved:
A. Minutes of the workshop and regular Council meeting of August 20, 2013.
B. Payment of bills were not available for approval.
C. Lease Agreement with Way Back Inn Foundation. The Mayor was authorized
to sign the lease agreement with the Way Back Inn Foundation to lease the City-
owned building located at 9815 South 252nd Street in Kent, subject to final terms and
conditions acceptable to the City Attorney and Parks Director.
D. Ordinance Amending Kent City Code 9.02 "Criminal Code," Establishing a
new crime called "Menacing." This item was moved to Other Business.
E. SE 256th Street Public Right-of-Way Dedication. The Mayor was authorized to
sign the Municipal Quit Claim Deed dedicating city-owned property as City Right-of-
Way for the SE 256th Street project, subject to final terms and conditions acceptable to
the City Attorney and Public Works Director.
F. South County Area Transportation Board (SCATBd) Agreement. The Mayor
was authorized to sign the South County Area Transportation Board agreement for the
period January 1, 2014 through December 31, 2015, with an automatic renewal
through December 31, 2017.
G. Limited Street License with Zavo Group, LLC. The Mayor was authorized to
sign a Limited Street License with Zayo Group, LLC, subject to final terms and
conditions acceptable to the City Attorney and Public Works Director.
2
Kent City Council Minutes September 3, 2013
H. Consolidatina Budaet Adiustment Ordinance. Ordinance No. 4086, approving
the consolidating budget adjustments made between January 1, 2013 and June 30,
2013, reflecting an overall budget increase of $14,565,844, was adopted.
OTHER BUSINESS
A. Ordinance Amending Kent City Code 9.02 "Criminal Code," Establishing a
new crime called "Menacing." Acting City Attorney Patrick Fitzpatrick discussed the
ordinance and highlighted why it has been proposed to the Council. He noted that it
comes from the prosecutor.
Councilmember Thomas communicated that it passed out of the committee
unanimously. However, since it was a new concept he suggested it be placed under
"other business" on the agenda and discussed by the Council.
Councilmember Boyce moved to adopt Ordinance No. 4087, seconded by
Councilmember Thomas. Motion carried 6-0.
BIDS
A. Riverview Park Channel Restoration - Grass Field Improvements — Award.
Environmental Engineering Manager Mark Mactutis explained the bid, what the work
consists of, and the low bidder.
Council President Higgins moved to award the Riverview Park Channel
Restoration - Grass Field Improvements Project contract to Hoffman
Construction, Inc., in the amount of $137,998.48 and authorize the Mayor to
sign all necessary documents, subject to the final terms and conditions
acceptable to the City Attorney and Public Works Director, seconded by
Councilmember Ralph. Motion carried 6-0.
REPORTS FROM STANDING COMMITTEES, STAFF AND SPECIAL COMMITTEES
A. Mayor. No report.
B. Council President. Council President Higgins discussed the workshop and
summarized that there was discussion concerning the Riverbend Golf Course. He noted
that they golf course was set up as an enterprise fund and hasn't covered its own
expenses. He noted that the debt is $2.25 million and the capital needs are close to
that same amount. He stated that the question is whether or not to bring the course
into the general fund or keep it as an enterprise. He stated that there wasn't any
decision made and options will be forthcoming from the staff and the Parks committee.
He stated that the City is attempting to determine how to deal with the debt and needs
of the course. He also added that there was brief discussion about the Senate
transportation forums and would be generating a letter for the Council to view for
forwarding to the Senate.
C. Administration. Interim Chief Administrative Officer Brubaker stated he had no
report but there would be a half hour executive session for pending litigation.
3
Kent City Council Minutes September 3, 2013
D. Economic & Community Development Committee. Councilmember Perry
stated that the next meeting is September 9.
E. Operations Committee. In the minutes.
F. Parks and Human Services Committee. Councilmember Ranniger stated that
Council President Higgins summed up the items.
G. Public Safety Committee. Councilmember Boyce noted that the next meeting is
September loth
H. Public Works Committee. No report. The next committee meeting is
September 16tn
I. Regional Fire Authority. Councilmember Thomas communicated that the
Regional Fire Authority meeting is tomorrow, 5:30 p.m. at Station 78.
RECESS
At 7:42. p.m., Mayor Cooke noted that there would be a five minute recess.
Mayor Cooke reconvened the regular meeting at 7:47 p.m.
EXECUTIVE SESSION
At 7:48 p.m. the Council adjourned into Executive Session for a period of
thirty minutes.
At 8:18 p.m. Mayor Cooke extended the meeting for an additional fifteen
minutes.
At 8:33 p.m., Mayor Cooke extended the meeting for an additional fifteen
minutes.
At 8:48 p.m., Mayor Cooke extended the meeting for an additional five
minutes.
At 8:52 p.m., the regular meeting reconvened.
ADJOURNMENT
The meeting adjourned at 8:53 p.m.
Ronald F. Moore, MMC
City Clerk
4
w," Agenda Item: Consent Calendar - 7C
TO: City Council
DATE: September 17, 2013
SUBJECT: Excused Absence for Councilmember Albertson - Approve
MOTION: Approve an excused absence for Councilmember Albertson who
was unable to attend the September 3, 2013, Council meeting.
SUMMARY: None
EXHIBITS: None
RECOMMENDED BY: Council President Higgins
BUDGET IMPACTS: None
KENT Agenda Item: Consent Calendar — 7D
TO: City Council
DATE: September 17, 2013
SUBJECT: Ordinance Amending Kent City Code 8.01 — Establishing a
"Chronic Criminal Nuisance" — Adopt
MOTION: Adopt Ordinance No. , amending Chapter 8.01 of the
Kent City Code, entitled "Public Nuisances," to establish a "chronic criminal
nuisance" that exists when three instances of criminal conduct occur on a property
within one-year and do not involve the property owner or occupants being the
victims of the criminal conduct or contacting the police to report the criminal
conduct.
SUMMARY: The Kent Police Department often responds to service calls from
neighbors whose use of their property is disturbed by criminal conduct that occurs on
a neighboring property. Even if police officers are able to make an arrest as a result
of that criminal conduct, that conduct often repeats itself within a short period of time
to the detriment of surrounding neighbors and their properties. These chronic criminal
nuisance properties, and the responsible persons who fail to take corrective action,
have a negative impact upon the quality of life, safety, and health of the neighbor-
hoods where they are located and create a nuisance. These chronic criminal nuisance
properties are also a financial burden to the city as they result in repeated calls for
service and the redirection of valuable police services.
While criminal prosecution may allow criminal offenders to be held accountable for
their crimes through the court process, that court action does nothing to hold the
property owners liable for the conduct they allow to occur on their property that
negatively impacts their neighbors. This ordinance seeks to remedy nuisance
activities that repeatedly occur or exist at chronic criminal nuisance properties by
providing a process for civil and criminal abatement, and by holding property owners
and those responsible for the nuisance liable for the conditions they create or maintain
in their neighborhood community.
EXHIBITS: Memo and Ordinance
RECOMMENDED BY: Public Safety Committee
BUDGET IMPACTS: None
LAW DEPARTMENT
40 Arthur "Pat' Fitzpatrick, Acting City Attorney
Phone: 253-856-5770
KENT Fax: 253-856-6770
WASHINGTON
Address: 220 Fourth Avenue S.
Kent, WA. 98032-5895
Memorandum
DATE: September 11, 2013
TO: Kent City Council
THROUGH: Pat Fitzpatrick, Acting City Attorney
FROM: Tammy White, Assistant City Attorney
RE: Amend KCC 8.01 to Establish a Provision Regarding Chronic Criminal
Nuisances
Earlier this year, the Kent Police Department approached the Law Department and
requested an ordinance that would provide a tool to assist officers with problem
properties in the City of Kent where crime repeatedly occurs. While Council
previously adopted the STAR program (Safe Tenants and Rentals Program) which
seeks to reduce crime on rental properties through landlord cooperation and
incentives, that program applies only to multi-family residential properties that
consist of two or more dwelling units; it does not apply to single-family residential
properties. This ordinance seeks to address repeated crime that occurs not only at
single-family residential properties, but also at multi-family residential properties
where the landlord has elected not to participate in the STAR program.
If adopted, this ordinance would declare that a public nuisance exists when three or
more instances of "criminal conduct' occur on any property within a one year
period, and that criminal conduct is committed by either the tenant, landlord, or a
guest of the tenant or landlord. "Criminal conduct' is defined by the ordinance as
including any act that is defined as a crime by the City of Kent, the State of
Washington, or the United States, and that definition is nearly identical to that
currently provided in the STAR program. See KCC 5.14.020(B). The ordinance,
however, does not intend to penalize a landlord or tenant for requesting police
assistance. Therefore, the draft ordinance provides a safe harbor provision and
excludes from the definition of "criminal conduct' any calls made by the tenant,
landlord, or guest to report a crime, or those instances where the tenant, landlord,
or guest are the victims of the crime.
Memorandum:
September 11, 2013
Page: 2
Much like the STAR program, the ordinance provides that when criminal conduct
occurs on property, the Kent Police Department will send a letter to the landlord
making him or her aware of the criminal conduct. The purpose of providing this
letter is to make sure that the landlord is aware of the problems occurring on the
property, to inform the landlord of the City's nuisance provisions for criminal
conduct, and to enable the landlord to take any necessary corrective action to avoid
enforcement action being taken by the City.
Additionally, the City's current code enforcement provisions in KCC 1.04 require
that a voluntary correction letter be first sent in an effort to gain voluntary
compliance before a Notice of Violation may be issued. However, because of the
significant contacts the Kent Police Department will have had with tenants and
landlords prior to a property becoming a "chronic criminal nuisance," the additional
step of a voluntary correction letter is repetitive and further delays the City
obtaining corrective action to the detriment of the community neighborhood.
Therefore, this ordinance waives the correction letter requirement of KCC 1.04.070
and allows a Notice of Violation to be immediately issued upon the third occurrence
of criminal conduct.
Under the City's general code enforcement provisions, a repeat violation that occurs
within a two year period after a prior violation is deemed committed is punishable
as a criminal misdemeanor. However, with respect to chronic criminal nuisances,
and for criminal charges to be filed, a repeat violation must occur within 180 days
from the date the prior violation was deemed committed. This provision will limit
the exposure landlords and tenants face for criminal charges.
Finally, the draft ordinance includes a number of housekeeping revisions: (1) it
clarifies that a nuisance involves joint and several liability against both the landlord
and tenant, which is consistent with the code enforcement provisions of KCC
1.04.040, (2) it clarifies that the City may pursue a number of avenues, singularly
or collectively, to gain compliance—civil code enforcement, criminal charges, or
superior court abatement proceedings, (3) it clarifies that any criminal action
sought is punishable as a simple misdemeanor (maximum 90 days in jail, $1000
fine), and (4) it moves, unchanged, the definition of "graffiti" from KCC
8.01.030(15) to KCC 8.01.010(F).
Chronic criminal nuisance properties have a negative impact upon the quality of life,
safety, and health of the neighborhoods where they are located. It is the hope of
the Kent Police Department that this ordinance will provide a process for civil and
criminal abatement of chronic criminal nuisance properties and hold property
owners and those responsible for the nuisance liable for the conditions they create
or maintain in their neighborhood community.
F A0V II1FII951Op,n F,1,,\1736-Umnl W uls,n®Hoo5Inp1C6mn,,C1lmin dId uls,n,,091]10Couno I M emo.do,
ORDINANCE NO.
AN ORDINANCE of the City Council of the
City of Kent, Washington, amending Ch. 8.01 of
the Kent City Code, entitled "Public Nuisances," to
establish a "chronic criminal nuisance" that exists
when three instances of criminal conduct occur on
a property within a one year period and do not
involve the property owner or occupants being the
victims of the criminal conduct or contacting the
police to report the criminal conduct.
RECITALS
A. The Kent Police Department often responds to service calls
from neighbors whose use of their property is disturbed by criminal
conduct that occurs on a neighboring property. Even if police officers are
able to make an arrest as a result of that criminal conduct, that conduct
often repeats itself within a short period of time to the detriment of
surrounding neighbors and their properties.
B. These chronic nuisance properties, and the responsible
persons who fail to take corrective action, have a negative impact upon the
quality of life, safety, and health of the neighborhoods where they are
located. Chronic nuisance properties are also a financial burden to the city
as they result in repeated calls for service and the redirection of valuable
police services.
Ch. 8.01 KCC -
Chronic Nuisance Housing
1
C. This ordinance seeks to remedy nuisance activities that
repeatedly occur or exist at chronic criminal nuisance properties by
providing a process for civil and criminal abatement, and by holding
property owners and those responsible for the nuisance liable for the
conditions they create or maintain in their neighborhood community.
D. For those properties where the owner does not appear to
reside on the property, this ordinance additionally provides that the police
department may provide notice to that non-resident owner of criminal
conduct that has occurred on the owner's property. Because of the
significant contacts the police department will have had with the occupants
and owners of property at the time a property becomes a chronic criminal
nuisance, this ordinance additionally provides that a Notice of Violation
may be issued immediately after the third occurrence of criminal conduct
within one year.
E. Finally, this ordinance includes a few housekeeping revisions
to make Ch. 8.01 KCC consistent with other code enforcement provisions
found in the Kent City Code regarding joint and several liability and the
degree of punishment applicable to a criminal charge resulting from a code
enforcement violation.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
ORDINANCE
SECTION 1, — Amendment. Chapter 8.01 of the Kent City Code,
entitled "Public Nuisances," is amended to establish a nuisance for chronic
nuisance properties as follows:
Ch. 8.01 KCC —
Chronic Nuisance Housing
2
Chapter 8.01
PUBLIC NUISANCES
Sec. 8.01.010. Definitions. The following words, terms and
phrases, when used in this chapter, shall have the meanings ascribed to
them in this section, except where the context clearly indicates a different
meaning:
A. Abate means to repair, replace, remove, destroy, or otherwise
remedy a condition which constitutes violation of this chapter by such
means and in such a manner and to such an extent as the applicable
department director determines is necessary in the interest of the general
health, safety, and welfare of the community.
S. Building materials means and includes lumber, plumbing
materials, wallboard, sheet metal, plaster, brick, cement, asphalt, concrete
block, roofing material, cans of paint, and similar materials.
C. Chronic criminal nuisance means any_premises at which three
L3} or more instances of criminal conduct occurs within—a—one (1 ear
period when such criminal conduct is committed -by—the—person who either
owns, occupies, leases, or rents the premises, or who is an inviteeR
Licensee or quest of the person who owns occupies leases or rents the
premises.
D. Criminal conduct shall mean any criminal act that is defined
by the city of Kent the state of Washington or the United States as a
isdeean or which is otherwise
punishable by a sentence in a correctional facility�iail, or prison. Lang or
gancl related activity as those terms are defined by RCW 59.18.030 shall
also be considered criminal conduct. The term shall also include the
seizure an suant to RCW
69.50.505 or a similar federal statute. Criminal conduct engaged in by any
person who either owns. occupies. leases, or rents the premises. or who is
an invitee licensee or guest of the person who owns occupies leases or
Ch. 8.01 KCC —
Chronic Nuisance Housing
3
rents the premises shall be deemed to have occurred on the premises
even if such event does not conclude on the premises that such
criminal event premises and is concluded within
100 feet of the premises.
1. Criminal conduct excluded from definition. For the
purposes of this chapter, criminal conduct shall not include conduct
wherein:
a. The
personthe premises, or who is an invitee. licensee, or quest of the who
OVAIns occupies.leases or rents the premises was the victim of the
criminal conduct:- or
b. The
the premises or who is an invitee licensee or quest of the person who
OVAIns occupies lease or rents the premises contacted the police to report
the criminal conduct.
2. Establishing existence of criminal conduct. In
establishing the existence of criminal conduct on the -premises, the city
shall have the burden of establishing
preponderance of the evidence. The entry of a certified order of ud ent
and sentence document that establishes a
conviction or the entry of a deferred prosecution or sentence.,orany
certified document maintained
findinRofguilt an admission to the commission of the criminal conduct an
admission to the facts that would establish the commission of the criminal
acknowledgementconduct or an that there are sufficient facts to Rrove
the instance of criminal conduct. shall be sufficient proof of the occurrence
of the criminal conducL�orovide�dthat an absence of such court
documents) shall not prohibit the city from establishing that an instance
-
of criminal conduct occurred. Police reports and other documentary
Ch. 8.01 KCC —
Chronic Nuisance Housing
4
evidence shall be admissible as evidence of criminal cond_uct- provided
that such reports are certified pursuant to RCw 9A.72.085.
E. -Director means the director of the department in charge of
code enforcement or his or her designee or any designated alternate who
is empowered by ordinance or by the mayor to enforce this chapter
including assigned code enforcement officials.
F. Graffiti means any unauthorized inscription word ficlure
pictureraphics or design that is sprayed aip rated posted pasted
drawn, or otherwise affixed to or upon any surface of public or private
property. Si rag s regulated by Ch. 15.06 KCC shall not constitute-graffiti
under this chapter.
G. Owner means one or more persons jointly or severallyin
whom is vested
part of the beneficial ownership and a riclht to present use and eRLoyment
of the premises. including an art owner joint owner. tenant in coonR
joint tenant a nt he whole or a -part of such
premises.
H. Person means any individual, firm, association, partnership,
corporation, or any other entity, public or private.
I. Person responsible for the violation has the same meaning---as
that provided for in KCC 1.04.020(K), and for the purposes of this Ch. 8.01
KCC specifically includes andperson in actual or constructive possession
of the premises including but t limited to an owner lessee tenant or
occupant of the premises.
J. -Premises means any building, lot, parcel, real estate, or land
or portion of land whether improved or unimproved, including adjacent
sidewalks, public rights-of-way, and parking strips and any lake, river,
stream, drainage way, or wetland.
Sec. 8.01.020. Prohibited conduct. It is a violation of this
chapter for any person to permit, create, maintain, or allow, upon any
Ch. 8.01 KCC -
Chronic Nuisance Housing
5
premises, any of the acts or things declared in KCC 8.01.030 to be a public
nuisance.
Sec. 8.01.030. Types of Rmblic nuisances. Each of the following
conditions, unless otherwise permitted by law, is declared to constitute a
public nuisance, subjecting the person responsible for the violation to the
_bate .. ent theFeef KCC 8.01.050_nd .. }__., ..malt.,. Fig ay be assessed
1. The existence of any trash, dirt, filth, the carcass of any
animal, manure or rubbish, accumulation of yard trimmings, excluding
properly maintained yard compost, or other matter which is offensive to a
reasonable person; except for such yard debris that is properly contained
and concealed as not to affect the health, safety, or depreciation of
adjoining property for the purpose of composting.
2. Erecting, maintaining, using, placing, depositing, leaving, or
permitting to be or remain in or upon any premises, which may be viewed
or smelled from without the premises, or in or upon any street, alley,
sidewalk, park, parkway, or other public or private place in the city, any
one (1) or more of the following disorderly, disturbing, unsanitary, fly-
producing, rat-harboring, disease-causing places, conditions, or things:
a. Any putrid, unhealthy, or unwholesome bones, meat,
hides, skins, the whole or any part of any dead animal, fish, or fowl, or
waste parts of fish, vegetable, or animal matter in any quantity; but
nothing herein shall prevent the temporary retention of waste in approved
covered receptacles; or
b. Any privies, vaults, cesspools, open containers of
stagnant water, sumps, pits, or like places which are not securely
protected from flies and rats, or which are malodorous; or
Ch. 8.01 KCC -
Chronic Nuisance Housing
6
C. An accumulation of material including but not limited to
bottles, cans, glass, plastic, ashes, scrap metal, wire bric-a-brac, broken
stone or cement, broken crockery, broken glass, broken plaster, litter,
rags, empty barrels, boxes, crates, packing cases, mattresses, bedding,
packing hay, straw, or other packing material or building materials on any
premises which not properly stored or neatly piled or is offensive to a
reasonable person or in which flies or rats may breed or multiply; or
d. Accumulation of any litter, garbage, trash, refuse,
and/or rubbish; or
e. The keeping, using, or maintaining of any pen, stable,
lot, place, or premises in which any hog, cattle, or fowl may be confined or
kept in such a manner as to be nauseous, foul, or offensive.
3. The existence of any fence or other structure on private
property abutting or fronting upon any public street, sidewalk, or place
which is in a sagging, leaning, fallen, decayed, or other dilapidated or
unsafe condition.
4. The existence of wrecked or disassembled trailers, house
trailers, boats, tractors, or other vehicle, appliance, or machinery of any
kind, or any major parts thereof.
5. The existence on any premises of any abandoned or unused
well, pit, shaft, cistern, or storage tank without first demolishing or
removing from the premises such storage tank, or securely closing and
barring any entrance or trapdoor thereto or without filling any well, pit,
shaft, or cistern or capping the same with sufficient security to prevent
access thereto.
6. The existence in a place accessible to children of any
attractive nuisance dangerous to children, including but not limited to any
abandoned, broken, or neglected equipment, machinery, refrigerator,
freezer, or other large appliance.
Ch. 8.01 KCC -
Chronic Nuisance Housing
7
7. Dense smoke, noxious fumes, gas, and soot, or cinders, in
unreasonable quantities.
S. All snow and ice not removed from public sidewalks within a
reasonable time after the snow and ice have ceased to be deposited
thereon.
9. All trees, hedges, billboards, fences, or other obstructions
which prevent persons from having a clear view of traffic approaching an
intersection from cross streets in sufficient time to bring a motor vehicle
driven at a legal speed to a full stop before the intersection is reached.
10. Any use of property abutting on a public street or sidewalk or
any use of a public street or sidewalk which causes large crowds of people
to gather, obstructing traffic and the free use of the streets or sidewalks.
This subsection shall not apply to events, programs, or parades authorized
by the city council.
11. Any poisonous or harmful substance which is reasonably
accessible to persons or to animals.
12. The keeping or harboring of any animal which by frequent or
habitual howling, yelping, barking, or the making of other noises, or the
keeping or harboring of any fowl which by frequent habitual crowing or the
making of other noises shall annoy or disturb a neighborhood or any
considerable number of persons.
13. Every building or unit within a building used for the purpose
of unlawfully manufacturing, delivering, selling, storing, or giving away any
controlled substance as defined in Chapter 69.50 RCW, legend drug as
defined in Chapter 69.41 RCW, or imitation controlled substance as defined
in Chapter 69.52 RCW, and every building or unit within a building wherein
or upon which such acts take place.
14. Soils contaminated by dangerous waste, hazardous
substances, or hazardous wastes as those terms are defined in RCW
70.105.010.
Ch. 8.01 KCC -
Chronic Nuisance Housing
8
15. The existence of graffiti on public property or on private
property where the graffiti is visible from any vantage point located on
public property, a railway, or any property open for business to the public.
As used OR this subseetien, gFaff46 shall Figean aRY WRaWthffized
weFd, figffe, PiEtffe, gfflphies, eF design that 05 SpFayed, painted, pasted,
pasted, dFaWR, eF etheFWise affixed te eF upen aRY SLIFfar=e ef publie e
PFiVate PFGpeFty. SigRS Fegulated by Gh. 15.06 14GG shall net eenstotute
gFaffiti bindeF thiS seetien.
16. Maintaining, conducting, promoting, facilitating�peritting, or
allowing a chronic criminal nuisance.
Sec. 8.01.035. Joint and several liability. Joint and several
liability. A public nuisance is actionable against the person responsible for
the violation in accordance
with KCC 8.01.050. Responsibilit fpublic nuisance under this
is joint and several. and the city is not prohibited from taking action
against a party where other persons may also be potentially responsible
for a violation persons
potentially responsible for a violation.
Sec. 8.01.037. Notification to non-resident owner of criminal
conduct. If criminal conduct occurs on the premises that may createaa
chronic criminal premises does not
reasonably appear
cause notice to be sent to owner of the
occurrence of criminal conduct. Notice sent to the owner should set forth
the date of the occurrence the location of the occurrence the nature of
the occurrence
occurrence. Notice may be sent whenever the police department has
reasonable grounds to believe that criminal conduct has occurred on the
Ch. 8.01 KCC —
Chronic Nuisance Housing
9
premises. Notice may be sent by first class mail postage prepaid to the
last known address of the owner.
Sec. 8.01.040. Authorized act not a public nuisance. No act
which is done or maintained under the express authority of a statute or
ordinance can be deemed a public nuisance.
Sec. 8.01.050. Violation - Penalty.
A. Civil code enforcement action. Any violation of any provision
of this chapter constitutes a civil violation under Ch. 1.04 KCC for which a
monetary penalty may be assessed and abatement may be required as
provided therein. For a violation involving a chronic criminal nuisance, a
correction letter need not be issued under KCC 1.04.070 prior to the
issuance of a Notice of Violation and the immediate assessment of a civil
penalty under KCC 1.04.080.
B. Criminal charge—Misdemeanor. In addition to or as an
alternative to any other penalty provided in this chapter or by law, any
person who violates any provision of this chapter shall be guilty of a
misdemeanor punishable by imprisonment in jail fora maximum term
fixed by the court of not more than ninety�90j da rs, or by a fine in an
amount fixed by the court of not more than one thousand dollars ($1 000 R
C. Abatement proceeding. As an alternative to any other
penalty provided in this chapter,
8.01.030(13)7-abatement proceedings may be instituted under Title 7
GhapteF ;1 ^3 RCW.
D. Repeat violation or failure to abate—Criminal misdemeanor
charge—Chronic criminal nuisance. For the purpose of filing criminal
charges under KCC 1.04.220 for a subsequent violation after a prior
violation is deemed committed the subsequent violation for a chronic
criminal nuisance must occur within 180 days from-the-date-the-prior
Ch. 8.01 KCC -
Chronic Nuisance Housing
10
violation was deemed committed. For a chronic criminal nuisance.a
subsequent violation is a single occurrence of criminal conduct.
SECTION 2. — Severabilit . If any one or more sections,
subsections, or sentences of this ordinance are held to be unconstitutional
or invalid, such decision shall not affect the validity of the remaining
portion of this ordinance and the same shall remain in full force and effect.
SECTION 3. — Corrections by City Clerk or Code Reviser. Upon
approval of the City Attorney, the City Clerk and the code reviser are
authorized to make necessary corrections to this ordinance, including the
correction of clerical errors; references to other local, state or federal laws,
codes, rules, or regulations; or ordinance numbering and
section/subsection numbering.
SECTION 4. — Effective Date. This ordinance shall take effect and
be in force five thirty (30) days from and after its passage as provided by
law.
SUZETTE COOKE, MAYOR
ATTEST:
RONALD F. MOORE, CITY CLERK
APPROVED AS TO FORM:
ARTH U R 11 PAT" FITZ PATRIC K, ACTING CITY ATTO RN EY
Ch. 8.01 KCC —
Chronic Nuisance Housing
PASSED: day of 2013.
APPROVED: day of 2013.
PUBLISHED: day of 2013.
I hereby certify that this is a true copy of Ordinance No.
passed by the City Council of the City of Kent, Washington, and approved
by the Mayor of the City of Kent as hereon indicated.
(SEAL)
RONALD F. MOORE, CITY CLERK
P:\Civil\Ordinance\ChronicNuismceHousing-Ch8-01.doc
Ch. 8.01 KCC -
Chronic Nuisance Housing
12
KENT Agenda Item: Consent Calendar - 7E
TO: City Council
DATE: September 17, 2013
SUBJECT: Ordinance Amending Kent City Code 15.02 and 15.04
regarding Group Living Facilities - Adopt
MOTION: Adopt Ordinance No. , amending Kent City Code
Chapters 15.02, Definitions, and 15.04, Residential Land Uses, related to residential
facilities, group care, and group living facilities.
SUMMARY: The proposed amendments to the zoning code relate to zoning
regulations that govern residential facilities, group care, and group living facilities.
The amendments are undertaken as part of the City Council's initiative to transform
regulatory processes in order to increase operating efficiencies.
In general, the amendments clarify definitions for different types of residential
facilities, update the residential land use table, remove ambiguity in the code, and
update the code for consistency with state laws and regulations.
EXHIBITS: Ordinance
RECOMMENDED BY: Economic & Community Development Committee
BUDGET IMPACTS: None
ORDINANCE NO.
AN ORDINANCE of the City Council of the
City of Kent, Washington, amending Chapter
15.02, entitled, "Definitions," by adding and
amending sections, and correcting a publishing
error in section 15.02.173; amending Chapter
15.04, entitled, "Residential land uses," amending
zoning districts and residential land use
development conditions; and updating the code for
consistency with state laws and regulations.
RECITALS
A. Local planning legislation arises from many sources - Federal,
State or regional mandates; changes to local community vision;
complaints; need for clarity; updated technologies, business operations or
strategies that make existing codes outdated; conflicts with updated codes
in other City departments; and many others. Furthermore, these
amendments are undertaken as part of the City Council's initiative to
transform regulatory processes in order to increase operating efficiencies.
B. Group care or group living facilities may be broadly
categorized as single or multiple family residential, emergency and
transitional housing, criminal justice facilities, and group care facilities with
or without healthcare.
1 Amend Title 15 -Zoning
Ordinance
C. These sections of the code need amending to clarify
definitions for different types of residential facilities, update the residential
land use table, remove ambiguity in the code, and update the code for
consistency with state laws and regulations.
D. The City is also making a technical correction of an error
made during a prior code publication of subsection 15.02.173.C. On
January 2, 1991, the Kent City Council passed Ordinance No. 2958,
amending KCC Chapter 15.02 by adding a new section 15.02.173. In
1993, the Municipal Code changed its format and incorrectly printed
15.02.173.C. In 1999, the city of Kent contracted publishing of the city
code with Code Publishing and the error remained in the code. The error
went unnoticed from 1993 until now. The City is correcting that error by
republication of the Section.
E. The SEPA Responsible Official has determined that the
proposed amendments are procedural in nature and thus categorically
exempt from further SEPA review under WAC 197-11-800(19) and
11.03.200 Kent City Code.
F. On May 28, 2013, notice was sent to the Washington State
Department of Commerce and expedited review was requested. On June
4, 2013, the City was granted expedited review and was informed that it
had met the Growth Management Act notice requirements under RCW
36.70A.106. The required fifteen day waiting period prior to final
adoption has lapsed.
G. Staff presented proposed amendments to the Kent City Code
Title 15, "Zoning," at the May 13, 2013 and June 10, 2013 Land Use &
Planning Board Workshops.
2 Amend Title 15 -Zoning
Ordinance
H. On July 22, 2013, after holding a public hearing, the Land Use
and Planning Board recommended adoption of the amendments to KCC
15.02 and KCC 15.04. The Economic and Community Development
Committee considered this matter at its August 12, 2013 meeting, and the
city council considered this matter at its August 20, 2013 meeting.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
ORDINANCE
SECTION 1, -New Section. Chapter 15.02 of the Kent City Code,
entitled, "Definitions," is amended by adding a new section 15.02.026_1,
entitled, "Assisted living facility," to read as follows:
Sec. 15.02.026_1. Assisted living facility. Assisted living facility
means an establishment that provides living quarters and a variety of
limited personal care and supportive health care monitoring to more than
ten (10) individuals who may be unable to live independently due to
infirmity of age, or physical or mental handicap, but who do not need the
skilled nursing care of a convalescent home or a residential facility with
health care. These facilities may consist of individual dwelling units, with
separate bathroom facilities, a full kitchen or no kitchen. In addition,
these facilities may have communal dining areas, recreation facilities
(library, lounge, game room), laundry facilities and open space. An
assisted living facility is not a group home or a residential facility with
health care.
SECTION 2, -Amendment. Chapter 15.02 of the Kent City Code,
entitled, "Definitions," is amended by deleting the following sections:
3 Amend Title 15 -Zoning
Ordinance
See. 15.02.089. 0onvaleseent home. Genoa'eseent here
eenseeHtive heHrs fer three (3) er Figere patients net related by bleed e
SECTION 3, -Amendment. Chapter 15.02 of the Kent City Code,
entitled, "Definitions," is amended to read as follows:
Sec. 15.02.125. Dwelling, multiple-family. Multiple-family
dwelling means a residential building designed for or occupied by three (3)
or more families, with the number of families in residence not exceeding
the number of dwelling units provided. This definition also includes
independent senior housing for individuals sixty (60) years or older.
Sec. 15.02.131. Emergency housing, emergency shelter.
Emergency housing, emergency shelter means a facility operated publicly
or privately to provide housing for individuals or families who are otherwise
homeless and have no immediate living options available to them. Such
facilities may provide support services, food and sanitation. Emergency
housing shall not exceed a ninety (90) day period per individual or family.
4 Amend Title 15 -Zoning
Ordinance
Sec. 15.02.135. Family. Family means
individHals related by bleed er legal familial relatienship, er a greHla ef net
familial relatienship, living tegether in a dwelling Hnit as a single, nenlarefit
KGG 15.02.1T's. an individual; two or more persons related by blood,
marriage or state registered domestic partnership under Chapter 26.60
RCW; a group of two or more disabled residents protected under the
Federal Housing Act Amendments, who are not related by blood, marriage
or state registered domestic partnership under Chapter 26.60 RCW, living
together as a single housekeeping unit; a group of six or fewer residents,
who are not related by blood, marriage or state registered domestic
partnership under Chapter 26.60 RCW, living together as a single
housekeeping unit; or a group living arrangement where six or fewer
residents receive supportive services such as counseling, foster care, or
medical supervision at the dwelling unit by resident or non-resident staff,
excluding Class II and III group homes.
Sec. 15.02.173. Group home.
A. Class I group home. Class I group home means publicly or privately
operated residential facilities such as state-licensed foster homes and
group homes for children; group homes for individuals who are
developmentally, physically, or mentally disabled; group homes or halfway
houses for recovering alcoholics and former drug addicts; and other groups
not considered within class II or III group homes.
1. Group home, class I-A. A class I-A group home shall have a
maximum of sce,six (76) residents not including resident staff.
2. Group home, class I-8. A class I-B group home shall have a
maximum of ten (10) residents including resident staff.
5 Amend Title 15 -Zoning
Ordinance
d-Istri'Et.
B. Class H group home. Class H group home means publicly or
privately operated residential facilities for juveniles under the jurisdiction
of the criminal justice system. These homes include state-licensed group
care homes or halfway homes for juveniles which provide residence in lieu
of sentencing or incarceration, and halfway houses providing residence to
juveniles needing correction or for juveniles selected to participate in
state-operated work release and pre-release programs. The planning
director shall have the discretion to classify a group home
proposing to serve juveniles convicted of the offenses listed under class III
group home in this section as a group home class III, and any such home
shall be sited according to the regulations contained within the group III
classification.
1. Group home, class H-A. A class II-A group home shall have a
maximum of eight (8) residents including resident staff.
2. Group home, class H-8. A class II-B group home shall have a
maximum of twelve (12) residents including resident staff.
3. Group home, class H-C. A class II-C group home shall have a
maximum of eighteen (18) residents including resident staff.
C. Class III group home. Class III group home means privately or
publicly operated residential facilities for adults under the jurisdiction of
the criminal justice system who have entered a pre- or post-charging
diversion program, or been selected to participate in state-operated
work/training release or other similar programs as provided in Chapters
6 Amend Title 15 -Zoning
Ordinance
137-56 and 137-57 WAC. Such groups also involve individuals who have
been convicted of a violent crime against a person, a crime against
property with a sexual motivation and convicted or charged as a sexual or
assaultive violent predator. Secure community transition facilities are
considered class III group homes. Secure community transition facilities
shall have a maximum of three (3) residents, excluding resident staff,
unless the state agency proposing to establish and operate the facility can
demonstrate that it has equitably distributed other secure community
transition facilities with the same or a greater number of residents in other
jurisdictions or communities throughout the entire geographic limits of
King County.
SECTION 4, -New Section. Chapter 15.02 of the Kent City Code,
entitled, "Definitions," is amended by adding a new section 15.02.335.3,
entitled, "Residential facility with health care," to read as follows:
Sec. 15.02.335.3. Residential facility with health care.
Residential facility with health care means a medically staffed facility
intended for the long-term residential care of more than ten (10)
handicapped individuals who, because of age or medical condition, are
incapable of independent living. This definition also includes nursing
homes, as defined in RCW 18.51.010 and continuing care retirement
community, as defined by RCW 70.38.025, but does not include group
homes.
SECTIONS. -Amendment. Chapter 15.02 of the Kent City Code,
entitled, "Definitions," is amended to read as follows:
Sec. 15.02.528. Transitional housing. Transitional housing
means a facility
7 Amend Title 15 -Zoning
Ordinance
owned by
a public housing authority, nonprofit organization or other public interest
group, that provides housing to persons on a temporary basis for a
duration not to exceed 24 months in coniunction with iob training, self
sufficiency training, life skills training, human services counseling, or other
similar services. Transitional housing is not a transient accommodation.
Transitional housing does not include group homes.
SECTION 6, -Amendment. Chapter 15.04 of the Kent City Code,
entitled, "District Regulations," is amended to read as follows:
8 Amend Title 15 -Zoning
Ordinance
Zoning Districts
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9 Amend Title 15 -Zoning
Ordinance
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SECTION 7, -Amendment. Section 15.04.030 of the Kent City
Code, entitled, "Residential land use development conditions," is amended
to read as follows:
10 Amend Title 15 -Zoning
Ordinance
Sec. 15.04.030. Residential land use development
conditions.
1. Dwelling units, limited to not more than one (1) per establishment,
for security or maintenance personnel and their families, when located on
the premises where they are employed in such capacity. No other
residential use shall be permitted.
2. Multifamily residential uses, or other residential facilities where
allowed, shall be permitted only in the mixed use overlay when included
within a mixed use development.
3. [Reserved].
4. Multifamily residential uses, or other residential facilities where
allowed, when established in buildings with commercial or office uses, and
not located on the ground floor.
5. Multifamily residential uses, or other residential facilities where
allowed, when not combined with commercial or office uses.
6. Existing dwellings may be rebuilt, repaired, and otherwise changed
for human occupancy. Accessory uses for existing dwellings may be
constructed. Such uses are garages, carports, storage sheds, and fences.
7. Transitional housing facilities, limited to a maximum of twenty (20)
residents at any one (1) time and four (4) resident staff.
8. Guesthouses not rented or otherwise conducted as a business.
11 Amend Title 15 -Zoning
Ordinance
9. Farm dwellings appurtenant to a principal agricultural use for the
housing of farm owners, operators, or employees, but not accommodations
for transient labor.
10. Accessory dwelling units shall not be included in calculating the
maximum density. Accessory dwelling units are allowed subject to the
provisions of KCC 15.08.350.
11. Customary incidental home occupations subject to the provisions of
KCC 15.08.040.
12.
uses f Reservec!
13. Subject to the combining district requirements of the mobile home
park code, Chapter 12.05 KCC.
14. Accessory living quarters are allowed per the provisions of KCC
15.08.359.
15. Multifamily residential use, or other residential facilities where
allowed, shall be permitted as a conditional use only when included in a
mixed use development.
16. Recreational vehicle storage is permitted as an accessory use in
accordance with KCC 15.08.080.
12 Amend Title 15 -Zoning
Ordinance
17. Accommodations for farm operators and employees, but not
accommodations for transient labor.
18. Other accessory uses and buildings customarily appurtenant to a
permitted use, except for onsite hazardous waste treatment and storage
facilities, which are not permitted in residential zones.
19. The following zoning is required to be in existence on the entire
property to be rezoned at the time of application for a rezone to an MR-T
zone: SR-8, MR-D, MR-G, MR-M, MR-H, O, O-MU, NCC, CC, GC, DC, or
DCE.
20. All multifamily townhouse developments in the MR-T zone shall be
recorded as townhouses with ownership interest, as defined in KCC
15.02.525.1, prior to approval of a certificate of occupancy by the city.
21. Subject to KCC 15.08.160(A) and (B), Accessory buildings.
22. One (1) duplex per lot is permitted.
23. Secure community transition facilities are permitted only in the GWC
zoning district.
24. Class II and class III group homes, other than secure community
transition facilities, are not allowed in this zoning district. A secure
community transition facility shall also comply with applicable state siting
and permitting requirements pursuant to Chapter 71.09 RCW. Secure
community transition facilities are not subject to the siting criteria of KCC
15.08.280 for class III group homes, but they are subject to a six hundred
(600) foot separation from any other class II or III group home. In no case
shall a secure community transition facility be sited adjacent to,
13 Amend Title 15 -Zoning
Ordinance
immediately across the street or parking lot from, or within the line of
sight of risk potential activities or facilities in existence at the time a site is
listed for consideration. Within line of sight means that it is possible to
reasonably visually distinguish and recognize individuals. For the purposes
of granting a conditional use permit for siting a secure community
transition facility, the hearing examiner shall consider an unobstructed
visual distance of six hundred (600) feet to be "within line of sight." During
the conditional use permit process for a secure community transition
facility, "line of sight' may be considered to be less than six hundred (600)
feet if the applicant can demonstrate that visual barriers exist or can be
created that would reduce the line of sight to less than six hundred (600)
feet. This distance shall be measured by following a straight line, without
regard to intervening buildings, from the nearest point of the property or
parcel upon which the proposed use is to be located, to the nearest point
of the parcel or property or the land use district boundary line from which
the proposed use is to be separated. For the purpose of granting a
conditional use permit for a secure community transition facility, the
hearing examiner shall give great weight to equitable distribution so that
the city shall not be subject to a disproportionate share of similar facilities
of a state-wide, regional, or county-wide nature.
25. A designated manufactured home is a permitted use with the
following conditions:
a. A designated manufactured home must be a new
manufactured home;
b. The designated manufactured home shall be set upon a
permanent foundation, as specified by the manufacturer, and the space
from the bottom of the home to the ground shall be enclosed by concrete
14 Amend Title 15 -Zoning
Ordinance
or an approved concrete product that can be either load bearing or
decorative;
C. The designated manufactured home shall comply with all city
design standards applicable to all other single-family homes;
d. The designated manufactured home shall be thermally
equivalent to the State Energy Code; and
e. The designated manufactured home shall meet all other
requirements for a designated manufactured home as defined in RCW
35.63.160.
26. Multifamily dwellings shall be allowed only within the Kent downtown
districts outlined in the Downtown Strategic Action Plan and shall be
condominiums recorded pursuant to Chapter 64.32 or 64.34 RCW or
similar dwelling units with ownership interest and recorded as such prior to
approval of a certificate of occupancy by the city.
27. Within subdivisions, as defined by KCC 12.04.025, vested after
March 22, 2007, or altered to comply with zoning and subdivision code
amendments effective after March 22, 2007, twenty-five (25) percent of
the total number of permitted dwelling units may be duplex or triplex
townhouse structures.
28. Live-work units; provided, that the following development standards
shall apply for live-work units, in addition to those set forth in KCC
15.04.190:
a. The unit shall contain a cooking space and sanitary facility in
conformance with applicable building standards;
15 Amend Title 15 -Zoning
Ordinance
b. Adequate and clearly defined working space must constitute
no less than fifty (50) percent of the gross floor area of the live-work unit.
Said working space shall be reserved for and regularly used by one (1) or
more persons residing there;
C. At least one (1) resident in each live-work unit shall maintain
at all times a valid city business license for a business on the premises;
d. Persons who do not reside in the live-work unit may be
employed in the live-work unit when the required parking is provided;
e. Customer and client visits are allowed when the required
parking is provided;
f. No portion of a live-work unit may be separately rented or
sold as a commercial space for a person or persons not living on the
premises, or as a residential space for a person or persons not working on
the premises;
g. The multiple-family design guidelines and development
standards do not apply to live-work units;
h. Construct all nonresidential space, to the maximum allowed,
to commercial building standards; and
i. Provide an internal connection between the residential and
nonresidential space within each unit.
29. Subiect to the maximum permitted density of the zoning district.
16 Amend Title 15 -Zoning
Ordinance
30. Conditional use when the number of residents exceeds twenty (20)
at any one (1) time and four (4) resident staff.
SECTION 8. - Corrections by City Clerk or Code Reviser. Upon
approval of the City Attorney, the City Clerk and the code reviser are
authorized to make necessary corrections to this ordinance, including the
correction of clerical errors; ordinance, section, or subsection numbering;
or references to other local, state or federal laws, codes, rules, or
regulations.
SECTION 9, - Severability. If any one or more section, subsection,
or sentence of this ordinance is held to be unconstitutional or invalid, that
decision shall not affect the validity of the remaining portion of this
ordinance and that remaining portion shall maintain its full force and
effect.
SECTIONS. - Effective Date. This ordinance shall take effect and
be in force thirty (30) days from and after its passage and publication, as
provided by law.
SUZETTE COOKE, MAYOR
ATTEST:
RONALD F. MOORE, CITY CLERK
APPROVED AS TO FORM:
ARTHUR "PAT" FITZPATRICK, ACTING CITY ATTORNEY
17 Amend Title 15 -Zoning
Ordinance
PASSED: day of , 2013.
APPROVED: day of , 2013.
PUBLISHED: day of , 2013.
I hereby certify that this is a true copy of Ordinance No.
passed by the City Council of the City of Kent, Washington, and approved
by the Mayor of the City of Kent as hereon indicated.
(SEAL)
RONALD F. MOORE, CITY CLERK
P\C.\ob n,n,eaon n9 R—,,on=.,02 And 15.0a.00-
18 Amend Title 15 -Zoning
Ordinance
KENT Agenda Item: Consent Calendar - 7F
TO: City Council
DATE: September 17, 2013
SUBJECT: Lodging Tax Advisory Committee Appointment - Confirm
MOTION: Confirm the appointment of Tim Higgins to the Lodging Tax
Advisory Committee and ratify all acts consistent with this motion.
SUMMARY: The Lodging Tax Advisory Committee recommended Tim Higgins be
appointed to the Lodging Tax Advisory Committee. Mr. Higgins has asked to be
considered for the position vacated by Beth Sylves formerly from ShoWare Center as
the Marketing Director.
Tim Higgins has been the General Manager at the ShoWare Center in Kent for the past
five and a half years. This position is to be filled by a representative whom represents
businesses in activities funded by lodging tax.
Mr. Higgins position would be a four-year term, which would expire September 5,
2016.
EXHIBITS: None
RECOMMENDED BY: Lodging Tax Advisory Committee
BUDGET IMPACTS: None
KENT Agenda Item: Consent Calendar - 7G
TO: City Council
DATE: September 17, 2013
SUBJECT: Kent Public Facilities District Board Member Reappointment -
Confirm
MOTION: Confirm the Mayor's re-appointment of Mike Miller to the Kent
Events Center Public Facilities District for a four-year term, and ratify all acts
consistent with this motion.
SUMMARY: Mike Miller has been recommended by Mayor Suzette Cooke to be re-
appointed to the Board of Directors for the Kent Events Center Public Facilities District.
In accordance with city of Kent Ordinance No. 3852 and Public Facilities District
Resolution No. 1769, each director was appointed to a different term in order to
stagger the term end dates. These legislative documents and RCW 35.57.010(3)(a)
require that after the initial appointment, each director's term is to be for a period of
four years. Mr. Miller's next four-year term would expire on September 1, 2017.
EXHIBITS: None
RECOMMENDED BY: Mayor Cooke
BUDGET IMPACTS: None
w," Agenda Item: Consent Calendar - 7H
TO: City Council
DATE: September 17, 2013
SUBJECT: 2014 Mid-Biennium Budget - Set First Public Hearing Date
MOTION: Set October 1, 2013, for the first public hearing of the 2014 mid-
biennium budget at the regular City Council meeting.
SUMMARY: This is the first public hearing of the 2014 mid-biennium budget. Public
input is welcome as the City begins to prepare the 2014 mid-biennium budget.
EXHIBITS: None
RECOMMENDED BY: Finance Director
BUDGET IMPACTS: N/A
w," Agenda Item: Consent Calendar - 7I
TO: City Council
DATE: September 17, 2013
SUBJECT: 2014-2018 Capital Improvement Plan - Set Public Hearing
Date
MOTION: Set October 1, 2013, for the public hearing for the 2014-2018
Capital Improvement Plan at the regular City Council meeting.
SUMMARY: This is the public hearing for the 2014-2018 Capital Improvement Plan.
Public input is welcome as the City begins to prepare the 2014-2018 Capital
Improvement Plan.
EXHIBITS: None
RECOMMENDED BY: Finance Director
BUDGET IMPACTS: N/A
KENT Agenda Item: Other Business — 8A
TO: City Council
DATE: September 17, 2013
SUBJECT: Karras Consulting Services
MOTION: Move to authorize the Mayor to sign an Agreement with Karras
Consulting, Inc., and all other documents necessary and consistent with that
Agreement, in an amount not to exceed $26,280, plus limited travel costs, to assist
the City in recruiting a replacement for the City's retiring Finance Director, subject
to approval of final terms and conditions acceptable to the Human Resources
Director and the City Attorney.
SUMMARY: Based upon the announced retirement of the current Finance Director Bob
Nachlinger at approximately the end of January 2014, Human Resources intends to
utilize Karras Consulting, Inc., an executive recruiter, in an effort to ensure the City
finds the highest quality applicants to fill this important position. The City chose
Karras Consulting as the most qualified firm after reviewing the placement agencies
that are most experienced in seeking executive placements for government agencies.
The total contract amount will not exceed $26,280, except that the City will also pay
travel costs, if any, for selected applicants.
EXHIBITS: Contract, Exhibit A (fees and billing schedule), Exhibit B (insurance
requirements) and proposed timeline
RECOMMENDED BY: None
BUDGET IMPACTS: None
KENT
CONSULTANT SERVICES AGREEMENT
between the City of Kent and
KARRAS CONSULTING, INC
THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation
(hereinafter the "City"), and KARRAS CONSULTING, INC organized under the laws of the State of
Washington, located and doing business at 201 5th Avenue S.W. #301, Olympia, Washington
98501 (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:
Assist the City with the Executive Recruitment of a Finance Director. The following work is
included within the scope of Consultant's work under this Agreement:
A. Meetings: Meet with City leadership and project manager to solicit input on
recruitment strategy and specific position knowledge, skills and abilities essential to success.
B. Other Meetings: Meet with key stakeholders as appropriate and City staff
as recommended by the project manager.
C. Position Assessment: Review job description. Design recruitment
announcement.
D. Advertise and Network: Recruit a targeted pool of qualified, proven
candidates, using networking, web and printed media.
E. Candidate Screening: Screen candidates for appropriate fit, considering
both education and experience and the core competency requirements of the City of Kent.
F. Candidate Presentation: After identifying, assessing and screening
potential candidates, present the best-qualified candidates (A & B list) for consideration. City
leadership will pare down on paper to semi-finalists.
G. Interviews: Establish interview panel in partnership with the City of Kent.
Coordinate interview of semi-finalists. Prepare questions and oversee process.
H. Comprehensive Background Checks: Perform reference checks and
conduct criminal background inquiries for finalists. Present candidate profiles and confidential
reference reports for all finalists.
I. Employment Offer: Advise the City during the development and delivery of
the employment offer. Facilitate the extension of the offer and conduct any negotiations to
ensure the most favorable outcome.
CONSULTANT SERVICES AGREEMENT - 1
(Over$10,000)
Consultant further represents that the services furnished under this Agreement will be
performed in accordance with generally accepted professional practices within the Puget Sound
region 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. Consultant
shall complete the work described in Section I By March 1, 2014.
III. COMPENSATION.
A. The City shall pay the Consultant, based on time and materials, an amount not to
exceed $26,280.00, including Washington State Sales Tax, 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 amendment to this 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,
attached and incorporated by this reference.
B. In accordance with Exhibit A, the Consultant shall submit 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.
IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent
Contractor-Employer Relationship will be created by this Agreement. By their execution of this
Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following
representations:
A. 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.
B. The Consultant maintains and pays for its own place of business from which
Consultant's services under this Agreement will be performed.
C. The Consultant has an established and independent business that is eligible
for a business deduction for federal income tax purposes that existed before
the City retained Consultant's services, or the Consultant is engaged in an
independently established trade, occupation, profession, or business of the
same nature as that involved under this Agreement.
D. The Consultant is responsible for filing as they become due all necessary tax
documents with appropriate federal and state agencies, including the Internal
Revenue Service and the state Department of Revenue.
CONSULTANT SERVICES AGREEMENT - 2
(Over$10,000)
E. The Consultant has registered its business and established an account with
the state Department of Revenue and other state agencies as may be
required by Consultant's business, and has obtained a Unified Business
Identifier (UBI) number from the State of Washington.
F. The Consultant maintains a set of books dedicated to the expenses and
earnings of its business.
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.
In the event Consultant refuses tender of defense in any suit or any claim, if that tender
was made pursuant to this indemnification clause, and if that refusal is subsequently determined
by a court having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the
Consultant's part, then Consultant shall pay all the City's costs for defense, including all
reasonable expert witness fees and reasonable attorneys' fees, plus the City's legal costs and
fees incurred because there was a wrongful refusal on the Consultant's part.
CONSULTANT SERVICES AGREEMENT - 3
(Over$10,000)
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.
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, including all appeals, in addition to any other recovery or award
CONSULTANT SERVICES AGREEMENT - 4
(Over$10,000)
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.
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.
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.
I. Counterparts. This Agreement may be executed in any number of counterparts,
each of which shall constitute an original, and all of which will together constitute this one
Agreement.
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) (signature)
Print Name: Print Name: Suzette Cooke
Its Its Mayor
(title)
DATE: DATE:
CONSULTANT SERVICES AGREEMENT - 5
(Over$10,000)
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
CONSULTANT: CITY OF KENT:
Dennis Karras, SPHR CEO Lorraine Patterson, Human Resource Director
Karras Consulting, Inc. City of Kent
1802 Black Lake Blvd SW 220 Fourth Avenue South
Suite 101 Kent, WA 98032
Olympia, WA 98512
(253) 856-5270 (telephone)
(360)867-1410 (telephone) (253) 856-6270 (facsimile)
360 956-1348 facsimile
APPROVED AS TO FORM:
Kent Law Department
Pk %F. ,ae...�,m6sH.R—..m13 .0 .1 1-
CONSULTANT SERVICES AGREEMENT - 6
(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:
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 20 .
By:
Fo r:
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
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 20 _.
By:
Fo r:
Title:
Date:
EEO COMPLIANCE DOCUMENTS - 3
EXHIBIT A
City of Kent
Finance Director Recruitment
Associated Fees and Billing Schedule
hate
Karras Consulting's fee for this executive search is a flat rate of $24,000. All out-
of-pocket expenses such as consultant travel, advertising and related costs,
telephone, printing and postage are included in the flat rate.
Project Expenses
Candidate Expenses: Travel and related expenses for candidates will be billed to
and paid directly by the City of Kent
Billing Schedule, , '
Phase I Billing: 1/3 ($8,000) after completion of the following tasks:
✓ Meet with City leadership, staff and stakeholders
✓ Design job announcement
✓ Place job advertisements
Phase 2 Billing: 1/3 ($8,000) after the completion of the following tasks:
✓ Target potential candidates
✓ Assess candidate pools (ongoing)
✓ Conduct telephone and in-person interviews
✓ Provide and review candidate list with City leadership
Phase 3 Billing: 1/3 ($15,000) after the completion of the following tasks:
✓ Establish interview panel in partnership with the City
✓ Select finalists
✓ Conduct finalist interviews
✓ Select top candidates(s)
✓ Conduct background and reference checks
✓ Present candidate profiles and confidential reference reports for all finalists
✓ Placement of candidate
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. The City shall be named as
an Additional 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.
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 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 ANII.
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.
'�wuni4hW m�i4�"" E N
Finance Director Search
Proposed Timeline and Work-Plan
September 20 ✓ Meet with Mayor and Human Resources Director
✓ Discuss core-competencies, challenges, stakeholder input and process
✓ Discuss timeline and recruitment strategy
September 23-27 V Meet with City staff and stakeholders
✓ Design job announcement
✓ Finalize advertising plan and timeline
September 30-October 4 ✓ Submit draft job announcement, timeline and advertising plan
✓ Summarize stakeholder input
October 7-November 10 V Commence national recruitment
✓ Place job advertisements
✓ Target potential candidates
✓ Assess candidate pool (ongoing)
✓ Karras Consulting screening interviews
November 18-22 ✓ Meet with City of Kent leadership to review recruitment
✓ Recommend A and B list candidates
✓ Develop interview questions
✓ City of Kent leadership selects semi-finalists
December 2-6 ✓ Panel conducts semi-finalist interviews
✓ Panel recommends finalists
December 9-13 V Karras conducts background, education and reference checks
December 16-20 ✓ Evening reception for stakeholders and staff to meet finalists and provide
feedback
December 16 20 V Mayor and leadership team interviews finalists and selects new Finance
Director
December 30 V Employment offer
✓ Karras Consulting assists in negotiation of employment package
KARRAS YI�1 , 1,0111 IPI(;1:ik 'Inu'f.Ia oi'I '
CONSUITIM,
REPORTS FROM STAFF, COUNCIL COMMITTEES, AND SPECIAL COMMITTEES
A. Council President
B. Mayor
C. Administration
D. Economic & Community Development
E. Operations
F. Parks & Human Services
G. Public Safety
H. Public Works
I. Regional Fire Authority
J. Other
K. Other
KENT
WASHINGTON
OPERATIONS COMMITTEE MINUTES
August 20, 2013
Committee Members Present: Les Thomas, Chair, and Dennis Higgins.
The meeting was called to order by Les Thomas at 4:02 p.m.
1. APPROVAL OF MINUTES DATED AUGUST 6, 2013.
D. Higgins moved to approve the Operations Committee minutes dated
August 6, 2013. L. Thomas seconded the motion, which passed 2-0.
2. APPROVAL OF CHECK SUMMARY REPORTS DATED 7/16/2013 THROUGH
7/31/2013.
D. Higgins moved to approve the check summary reports dated 7/16/2013 through
7/31/2013. L. Thomas seconded the motion and it passed 2-0.
3. LEASE AGREEMENT WITH WAY BACK INN FOUNDATION- AUTHORIZE.
J. Watling presented the renewal of the lease agreement with the Way Back Inn Foundation. It is a
non-profit agency in Kent that provides temporary single family dwelling to homeless families with
children under fourteen years of age. The lease is for five years and the Lessee pays all costs
associated with or arising out of the maintenance, operation, and agreed upon tenant
improvements of the leased premise in lieu of paying rent.
D. Higgins moved to recommend Council authorize the Mayor to sign the Lease
Agreement with the Way Back Inn Foundation, a non-profit corporation to lease the city-
owned building located at 9815 South 252nd Street. L. Thomas seconded the motion,
which passed 2-0.
The meeting was adjourned at 4:09 p.m. by L. Thomas.
Satwinder Kaur
Operations Committee Secretary
KENT
ECONOMIC & COMMUNITY DEVELOPMENT COMMITTEE MINUTES
August 12, 2013
Committee Members Committee Chair Jamie Perry, Deborah Ranniger, Bill Boyce.
Perry called the meeting to order at 5:30 p.m.
1. Approval of Minutes
Committee Member Ranniger Moved and Committee Member Boyce Seconded a Motion
to approve the Minutes of August 12, 2013. Motion PASSED 3-0.
2. Green River Community College Small Business Assistance Center (SBAC) Update
Leslie Moore and Kirk Davis along with Jim Edwards (a client of the SBAC) from Green River
Community College described the function of the SBAC. Ms. Moore reported that the Center
began in 1999 with a $500,000 Grant awarded to them.
This program offers free counseling at no cost to local businesses and holds evening classes with
a nominal fee charge. This program works to help cities see the potential in their communities.
Davis stated that Washington is recognized as having the most business startups and most
failures. This program is part of a state and nationwide effort to help businesses move past any
barriers that may hinder their growth.
Edwards stated that he is a local business owner that manufactures and erects steel structures.
He stated that his clientele includes Cities, Kemper Development, Boeing, Microsoft, Gates
Foundation, and Auburn High School. Edwards stated that they anticipate about two million
dollars in additional growth this year. The SBAC has been instrumental in helping restructure the
business for that additional growth. The business employs 45 people and is looking to purchase
property to expand the business.
Davis stated that the SBAC has worked with 400 Kent businesses and held 200 sessions with
clients in Kent since 2004 that has helped businesses move forward and accelerate their growth.
Moore referenced a power point presentation to explain how the SBAC is funded. She stated
SBAC has established a core funding partnership as well as requested and received a grant from
the City of Kent for $33,000, which supports one counselor with a caseload of 150 clients. Davis
stated that this service has been in place for 3 years in Kent and has found that those clients
that have worked with the BAC have better success rates.
3. Group Living Facilities Code Amendments KCC 15.02 and 15.04 rZCA-2013-11
Planner Katie Graves reported that these proposed amendments relate to residential and group
living facilities, clarify definitions and residential land uses related to residential facilities, group
care, and group living facilities. Proposed code amendments include new definitions for "assisted
living facility", "family", "residential facility with health care", and "transitional housing;" and
deletes definitions for "congregate care facilities", "convalescent home", and "group home class
IC;" and places individually defined residential living facilities in the use table rather than under
one catch-all category; and adds more minor changes. Graves directed the Committee members
to her report.
Perry stated that the Committee would not take action on this item now. Perry asked that staff
provide the committee with a list of Federal Housing Act Standards and provide some alternative
definitions from other cities. Graves stated staff followed industry standards in defining the
facilities. Perry proposed staff return with some additional standards for consideration, asking
she be provided with a chart that would allow the committee to conceptualize standard
differences, and stated she would like more information on constraints.
ECDC Minutes
August 12,2013
Pagel of
Assistant City Attorney David Galazin stated that the intent of the proposed amendments is an
attempt to clean up the code and to further classify and define types of uses.
4. Cottage Housing Demonstration Project Update
Graves stated that a Cottage Housing Demonstration Project ordinance passed in 2008 and City
Council chose a project defined as Blueberry Cottages located on a site at 2401h and 1161h. In
September 2012 the developer (W.D. Ruth) informed the City that they were unable to obtain
funding and opted to withdraw their demonstration project. In speaking with the cottage housing
developer, Graves stated she found that banks are unwilling to take risks on projects with
unknown outcomes. Ruth's withdrawal means that the city does not have a demonstration
project at this time.
S. Meeker Street Revitalization Initiative (MRI)
Planning Director Fred Satterstrom stated that Auburn designated 32 parcels in their downtown
area to entice developers with incentives that would encourage downtown development. Auburn
reduced development fees by 72 percent, exempted traffic fees entirely, deferred and waived
certain development charges. Satterstrom stated that specific areas within downtown Kent are
in desperate need of redevelopment. He cited Meeker Street as the primary focus as well as
encompassing a larger area around Meeker where many property owners are decentivized.
Staff is studying the feasibility of implementing this type of initiative and evaluating the legal
ramifications of what it would mean to waive certain fees.
Economic & Community Development Director Ben Wolters stated that staff is searching for
ways to jump start development in downtown. He stated that Auburn's approach has been used
throughout the County. Wolters stated that Auburn's proposal was time limited and sunsets at
the end of this year. He stated that Kent has some possible developments that may be
interested in this approach for downtown.
In response to Ranniger, Wolters stated that staff would like to implement this initiative in a
controlled, focused area which would also limit revenue impacts. He stated that some
development could occur on its own, citing the conception of the Platform project. Perry
questioned if the city could use incentivization to update existing buildings such as the IC Penny
building. Wolters stated that parking limitations and fragmented property investment were two
of the considerations which lead to this proposal.
6. Economic Development Report & Permitting Update
Wolters stated that staff has fallen behind on processing single family residential home permits.
He stated that allowing overtime has helped to bridge the gaps in Civil Engineering's workload.
More personal contact (rather than corresponding via formal comments letters) with developers
has lead to a reduction in permit holds.
Wolters stated Trader Joes is looking for a new south county location in Kent and are looking at
the Lake Meridian Shopping Center; as well as Covington (a location where some people view
retail as being saturated). The city is looking at ways to raise attention for properties along the
Benson. Wolters stated that Economic Development Manager Kurt Hanson will attend a
conference in Coeur D' Alene Idaho in an effort to expand our connections and later in
September Hanson will attend a convention in San Diego; as Kent is taking a more active
approach to market Kent.
Currently, the biggest project in the Valley is the Boeing Space Center Stryker project which will
consist of an 810,000 SF distribution center. The Defco property project is moving forward
despite some obstacles. Staff will be working with the developer in a variety of ways to ensure
that this becomes a model project.
Adiournment
Committee Chair Perry adjourned the meeting at 6:37 p.m.
Pamela Mottram, Secretary
Economic & Community Development Committee
PIAPlanningAECDCA2013\MlnutesA8-12-13_Mln.doc
ECDC Minutes
August 12,2013
Page 2 of 2
KENT
CITY OF KENT
PUBLIC SAFETY COMMITTEE MEETING MINUTES
August 13, 2013
COMMITTEE MEMBERS: Les Thomas, Dana Ralph (excused absence), and William Boyce,
Chair. The meeting was called to order by Chairperson William Boyce at 5:32 p.m.
Changes to the Agenda:
Chief Ken Thomas moved Item seven - Cumulative grant donations to the Youth Conference and
Drinking Driver Task Force funds to item 4 and Item 10 - Post National Night Out report to item
9.
1. Approval of Minutes
Councilmember Thomas MOVED and Councilmember Boyce SECONDED a Motion to
approve the June 11, 2013 minutes. Motion PASSED 2-0.
2. Contract/Bennett Group (Police Training)
Chief Ken Thomas presented information regarding the Bennett Group providing training to the
entire police department workforce on civility-type issues.
After deliberating, Councilmember Thomas MOVED and Councilmember Boyce
SECONDED a Motion to recommend authorizing the Mayor to sign a contract with the Bennett
Group, in an amount not to exceed $10,500 for police department training on workplace
civility as well as workplace bullying prevention and intervention issues and
strategies, subject to final terms and conditions acceptable to the city attorney and
police chief. Motion PASSED 2-0.
3. Agreement - King County Sheriff's Office Cost Reimbursement (Verification of
address and residency of registered sex and kidnapping offenders)
Debra Leroy, Research and Development Analyst with the Kent Police Department, presented
information regarding the annual contract with the King County Sheriff's Office for
reimbursement for overtime salaries and benefits for a detective to go out and verify sex
offender addresses.
After deliberating, Councilmember Thomas MOVED and Councilmember Boyce
SECONDED a Motion to recommend the Mayor sign the Cost Reimbursement
Agreement with the King County Sheriff's Office in the amount of $73,912.60, for the
purpose of verifying the address and residency of registered sex and kidnapping
offenders, with terms and conditions acceptable to the city attorney and police chief.
Motion PASSED 2-0.
4. WATPA Grant - PATROL Task Force
Debra Leroy, Research and Development Analyst with the Kent Police Department, presented
information on the Washington Auto Theft Prevention Authority Grant that is awarded to the
Federal Way Police Department with the Kent Police Department managing the grant. The City
has received this grant since 2008. The task force is the most productive auto theft task force
Public Safety Committee Minutes
August 13, 2013 1
in the state of Washington in addition to providing training to other jurisdictions throughout the
state.
Debra Leroy presented the following statistics regarding the task force: The task force consists
of 17 cities and 2 King County precincts. From 2010 - 2012 the number of stolen vehicles in
the areas represented by these partner cities increased 9%, the number of recovered vehicles
increased 12%, and the number of auto theft-related arrests increased 52%.
This task force was instrumental in presenting legislation that increased the statute of limitations
for trafficking stolen vehicles from 3 to 6 years.
Chief Ken Thomas presented additional information regarding the success of the task force and
the benefit of the task force for the Kent Police Department.
After deliberating, Councilmember Thomas MOVED and Councilmember Boyce
SECONDED a Motion to recommend Council authorize the Mayor to accept the
Washington Auto Theft Prevention Authority grant award in the amount of
$1,614,000, authorize amending the budget and authorize expenditure of the funds in
accordance with the grant terms and conditions acceptable to the city attorney and
police chief. Motion PASSED 2-0.
S. Contract/North Star (Firing Range Repairs)
Chief Thomas presented information regarding the North Star Contract for repairs to the Kent
Police Department firing range.
After deliberating, Councilmember Thomas MOVED and Councilmember Boyce
SECONDED a Motion to recommend Council authorize the Mayor to sign a contract with
North Star Construction and Environmental for repairs to the Kent Police Department
firing range, in an amount not to exceed $49,767.75, subject to terms and conditions
acceptable to the police chief and city attorney. Motion PASSED 2-0.
6. Ordinance amending KCC 9.02, adding a new Section 9.02.295 entitled
"Menacing." establishing the crime of Menacing.
Julie Stormes, city of Kent Prosecuting Attorney, presented information on the Ordinance
amending the code to include the crime labeled "menacing." The prosecutor's office has
encountered facts where a suspect's actions fall short of the crime of stalking, only because his
or her behavior is continuous and not divided into two or more separate occasions.
Councilmember Thomas questioned if this same provision is found in other cities. Julie Stormes
indicated that she drafted the ordinance after looking at New York's statutes that were similar to
this proposed ordinance.
Councilmember Boyce questioned if the court is aware of this provision. Julie Stormes
responded that if this ordinance is adopted, the prosecutor's office would start citing this offense
that may or may not be challenged in Court.
After deliberating, Councilmember Thomas MOVED and Councilmember Boyce
SECONDED a Motion to recommend adoption of the ordinance amending Chapter 9.02
of the Kent City Code, entitled "Criminal Code," by adding a new Section 9.02.295
entitled "Menacing," that establishes the crime of menacing. Motion PASSED 2-0.
Councilmember Thomas recommended placing this item on "Other Business" on the Council
agenda.
Public Safety Committee Minutes
August 13, 2013 2
7. Cumulative grant donations to the Youth Conference and Drinking Driver Task
Force funds
Sara Wood, Public Education Specialist with the Kent Police Department, presented information
regarding the two fund balances that have accumulated donation funds.
After deliberating, Councilmember Thomas MOVED and Councilmember Boyce
SECONDED a Motion to recommend Council authorize the Mayor to accept the current
Youth Conference Donation fund balance of $34,333, and the Drinking Driver Task
Force fund balance of $13,163, authorizing amending the budget and expenditure of
the funds in accordance with the grant terms and conditions acceptable to the police
chief and city attorney. Motion PASSED 2-0.
S. State Farm grant - Illegal Street racing enforcement
Sara Wood, Public Education Specialist with the Kent Police Department, presented information
regarding the State Farm grant to support implementation of an Illegal Street racing
enforcement operation. The City received a mini grant for operations that will take place from
August through the end of September.
After deliberating, Councilmember Thomas MOVED and Councilmember Boyce
SECONDED a Motion to recommend Council authorize the Mayor accept the State Farm
Grant, in the amount of $3,750, for implementation of an illegal street racing
enforcement operation, authorize amending the budget and expenditure of the funds
in accordance with the grant terms, subject to approval of the city attorney and police
chief. Motion PASSED 2-0.
9. Post National Night Out Report
Sara Wood, Public Education Specialist with the Kent Police Department, presented information
on the National Night Out event held August 61h. This was the 291h year that the city of Kent
participated. Target was a national sponsor of the event. There were 110 events throughout
the city of Kent: 65 on the East hill, 24 in the valley, 21 events on the West hill (12 events on
the West hill were new events). There were 80 visitors and 28 vehicles not including patrol cars
or fire trucks.
The Next step is to submit the application for an award. Last year the City received 10th in the
nation in the category for populations 100,000 to 299,000.
Next year August 5th is National Night Out. Additional information can be found on the City's
Facebook and website.
10. Post Fourth of July Report
Jon Napier, Division Chief Fire Marshall, Kent Regional Fire Authority presented an after action
report on the events of the Fourth of July.
After action report:
6 This year was a fairly quiet 4th of July
9 190 complaints were taken
6 71 fireworks seizures
Y 129 warnings issued
C 1 citation
1 arrest
6 No felony illegal explosive devices - rare
6 2 injuries
Public Safety Committee Minutes
August 13, 2013 3
6 3 fires
• Confiscated 150 pounds of fireworks
Notes:
• Smoke bombs thrown into car by unknown juvenile - arson investigating.
• Allegations were made that they illegal fireworks were purchased from a local fireworks
stand. After an investigation, no illegal fireworks were found on the premises.
• A patrol officer viewed an explosion at a church and found that the suspect had altered
an illegal firework. The individual was cited with reckless discharge and use, which is a
gross misdemeanor.
• This year's report will serve as a baseline report for comparison in future years.
Councilmember Boyce thanked Jon Napier for organizing the partnership of the Kent Police
Department and Kent Regional Fire Authority so that baseline statistics could be gathered and
presented.
Councilmember Thomas asked how many complaints were responded to. Police Chief Ken
Thomas and Fire Marshall Napier indicated that every complaint was responded to.
11. Chief's Update — Information Oniv
Chief Kent Thomas informed the committee that additional information will be presented at a
2014 committee meeting requesting support of the "Alive and Free" gang outreach program for
intervention and prevention. The cities of Auburn, Kent, Renton, and Tukwila contribute
$30,000 annually to the program for the funding of two outreach workers. The funds come from
the city's seized asset funds.
This program provides positive outreach to kids through the schools in addition to contacting
kids prior to court dates to ensure they make it to court. This program provides a broad
approach in trying to get youth back on track and is very beneficial to the city of Kent.
Chief Thomas provided an update on police department staffing. Currently the police
department is allotted 144 commissioned police officer positions. Six are currently frozen
through the criminal justice fund. There are currently 135 officers. There are 8 officers in the
field training officer program or at the academy. The three at the academy are projected to be
out on their own in April, 2014. The 3 lateral officers are in various stages of training and are
expected to be out on their own around December, 2013.
The police department is making progress towards fully staffing the positions.
Assistant Chief Padilla is in charge of the support services division that is responsible for hiring
and recruiting officers and is working closely with officer Bobby Hollis.
Adiournment
Councilmember ZX7
the meeting at 6:07 p.m.
Kim A. Komoto
Public Safety Committee Minutes
August 13, 2013 4
EXECUTIVE SESSION
ACTION AFTER EXECUTIVE SESSION