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Home My WebLink AboutCity Council Committees - Planning and Economic Development Committee - 09/03/1996 CITY OF �11011YB JS CITY COUNCIL PLANNING COMMITTEE SPECIAL MEETING Jim White, Mayor SEPTEMBER 3, 1996 THE CITY CO UNCIL PLANKING COMMITTEE IS HOLDING A SPECIAL MEETING ON SEPTEMBER 3, 1996 AT 4.00 P.M IN THE COUNCIL CHAMHERS EAST ROOM OF KENT CITY HALL AT 220 S. FOURTH AVENUE. Committee Members Leona Orr, Chair Jon Johnson Tim Clark AGENDA 1. 1997 Community Development Block Grant ACTION ITEM - 15 Minutes Program - (L. Houston) 2. Stream Buffer Requirements Ordinance ACTION ITEM - 15 Minutes - (M. Jackson) Added Items: ANY PERSON REQUIRING A DISABILITY ACCOMMODATION SHOULD CONTACT THE CITY IN ADVANCE FOR MORE INFORMATION. FOR TDD RELAY SERVICE, CALL 1-800-635-9993 OR THE CITY OF KENT AT (206)854-6587. mp:c:pco90396.agn 220 4t6 AVE.SO. /KENT WASHINGTON 98032-5895 1 TELEPHONE 1206)859-3300/FAX#859-3334 • CITY OF �QSJ�JSV� Jim White, Mayor vwvv�, Planning Department (206) 859-3390/FAX(206) 850-2544 James P. Harris, Planning Director MEMORANDUM September 3, 1996 MEMO TO: LEONA ORR,CHAIR,AND CITY COUNCIL PLANNING COMMITTEE MEMBERS FROM: CAROLYN SUNDVALL, PLANNER SUBJECT: 1997 PROPOSED COMMUNITY DEVELOPMENT BLOCK GRANT(CDBG) PROGRAM Attached is the proposed 1997 Community Development Block Grant (CDBG) Program for the City of Kent. The total proposed program is estimated at$576,263. This is a 32 percent($139,713) increase from our 1996 CDBG funding level of$436,550. This increase in funding has resulted in the City being able to fund all of the capital requests and to award the Parks Department, Tot Lot project an additional$26,294 to accommodate ADA improvements and other amenities such as picnic tables, walkways and improved play equipment. Kent received Public Service CDBG funding requests exceeding by over $68,462 the CDBG dollars available. A description of each program requesting Kent's CDBG funds and the rationale for the recommended funding is attached for your review. The Human Services Commission reviewed the CDBG human (public) service applications. The attached proposal includes the Commission's funding recommendations for those human services programs. As in past years, the majority of the CDBG funds are recommended to support the City's Home Repair Services Program. This program continues to serve many low income, disabled and senior homeowners in Kent by providing needed repairs. The program also guarantees that some of Kent's low and moderate income housing stock is maintained and preserved. Home Repair's summer painting program has also been recommended for funding this year. Keep in mind that Kent's CDBG entitlement figure of$576,263 for 1997 is an estimate. The amotmt of money we receive could change depending upon the final federal appropriations bill Congress passes in the Fall. Therefore, the recommended funding includes a contingency plan to address any potential entitlement changes that may occur when Congress adopts the 1997 budget. Kent's adopted 1997 CDBG Program must include such a contingency plan and be forwarded to King County by September 30, 1996. Recommended Actions 1. Approve the proposed 1997 Community Development Block Grant(CDBG) Program, including its contingency plan and forward for adoption to the full City Council. 2. Schedule a public hearing for September 17, 1996 for the full City Council to consider adoption of the proposed 1997 CDBG Program. CS/mp:a:\97cdbg\97pro.wpd cc: James P. Harris, Planning Director Lin Houston, Human Services Manager 220 4th AVE.SO. /KENT,WASHINC'PON 98032-5895 1 TELEPHONE (206)859-3300/FAX#859-3334 PROPOSED CITY OF KENT 1997 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM Capital Funds $436,586 Planning & Administration Funds 65,428 Public (Human) Services Funds 74,249 Total CDBG Funds: $5769263 CAPITAL Requested Recommended City of Kent $230,096 $230,096 Home Repair Services Prg City of Kent, Parks&Rec. 70,000 96,294 Renovate Park- Tot Lot 44 (Phase II) Easter Seals of Washington 18,250 18,250 Access Modification Rehab King County Housing Authority 50,000 50,000 Nike Residential Rehab Mental Health Housing Foundation 16,774 16,774 Buccheit Gardens Acquisition Mental Health Housing Foundation 10,172 10,172 Tall Firs Rehab United Cerebral Palsy 15.000 15,000 Acquisition Total Capital $410,292 $4369586 PLANNING & ADMINISTRATION $ 65,428 $ 659428 CONTINGENCY PLAN FOR INCREASE &DECREASE OF CAPITAL FUNDS If Kent's CDBG Capital dollars increase from the current estimate then any additional dollars would be carried over into the 1998 program year. If Kent's CDBG Capital Dollars decrease from the current estimate then: 1 st The City of Kent Parks Dept. Tot Lot Phase II would be decreased up to $26,000. 2nd Any additional decrease would be split proportionately among the remaining projects. PUBLIC (HUMAN) SERVICES Requested Recommended Catholic Community Services $ 25,000 $10,000 Springwood Food Bank Community Health Centers of 25,000 18,555 King County, Kent Clinic Connection, Adult Day Care 5,000 5,000 Elderhealth NW Emergency Feeding Program 10,132 10,132 of Seattle-King County Episcopal Diocese of Olympia 14,000 -0- Refugee Employee King County Sexual Assault Resource Center 5,000 -0- Legal Advocacy for Children Visiting Nurse Services 26,279 -0- Community Nursing Clinic YWCA of Seattle-King County 32.300 30.562 Domestic Violence Housing Total Public (Human) Service $142,711 $74,249 CONTINGENCY PLAN FOR INCREASE & DECREASE OF PUBLIC (HUMAN) SERVICE FUNDS If Kent's CDBG Public (Human) Service dollars increase from the current estimate then: 1 st The increase will be split between the Community Health Centers of King County & the YWCA, up to their requested amounts. 2nd In the event that the increase exceeds this amount,then any additional increase would fund Community Health Center of King County Primary Dental Program up to the 1997 General Fund request. If Kent's CDBG(Public)Human Service dollars decrease from the current estimate then: 1 st The decrease will be split evenly between the Community Health Centers of King County & the YWCA,to the 1996 funding level. 2nd If the decrease is more than that amount,the Emergency Feeding program would be reduced to the 1996 funding level. 3rd Any additional decreases will be split evenly among all the agencies with the exception of Connections, as they are funded at the minimum level of$5,000. PROPOSED CITY OF KENT 1997 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM STAFF ANALYSIS 11 CAPITAL PROJECTS 1. CITY OF KENT HOME REPAIR SERVICES PROGRAM Amount Requested: $230,096 Program Summary: The City's Housing Repair Service Program provides major and minor repairs to income eligible owner-occupied housing located within the City of Kent. The proposed program this year includes the summer painting program and three new temporary painter positions. The CDBG funds will pay the salaries of our home repair staff(who do the actual minor repairs and administration of the program),a temporary summer painting crew, supplies for minor repairs,vehicle rental,contractor fees for our major repairs, and miscellaneous administrative fees. Local and Consortium Policies and Priorities: The proposed project complies with all local and consortium policies. Staff Funding Recommendation: $230,096 If the City receives a decrease in its CDBG capital funds,then City of Kent Parks Dept. Tot Lot Phase II would be decreased up to$26,000. Any additional decrease would be split proportionately among the remaining projects. Rationale: The City should continue its commitment to the Housing Repair Services Program which has operated in the City since 1975 when the Federal CDBG program began. The program serves 100% low and moderate income Kent residents. Many of the clients are seniors or disabled persons;the program helps these people remain in their homes and helps to maintain and preserve Kent's housing stock. 2. CITY OF KENT'S PARKS AND RECREATION DEPARTMENT: Kiwanis Tot Lot#4 Phase II Rehabilitation (at 5th and Crow St.) Amount Requested: $70,000 Program Summary: This proposed funding would be used to rehabilitate an existing park in a low and moderate income neighborhood. Old outdated play equipment will be replaced with a new large play structure, ground material, and border. Picnic Tables,walkways and drinking fountains will also be added. 1 PROPOSED CITY OF KENT 1997 CDBG PROGRAM August 26, 1996 Local and Consortium Policies and Priorities: The proposed project complies with all local and consortium policies. Staff Funding Recommendation: $96,294 The capital funds allocations had a balance of$26,294 that was applied to this Project. Originally the Tot Lot project was scaled back due to lack of funds. Funding at the increased level will allow for an inclusion of amenities such as expanded play equipment, picnic tables and walkways. However, if the City receives a decrease in its CDBG capital funds,then City of Kent Parks Dept. Tot Lot Phase II would be decreased up to $26,000. Any additional decrease would be split proportionately among the remaining projects. Rationale: Our neighborhood parks in low income areas should look no different from and be no less accessible than parks in the more affluent areas. Unfortunately, the park this proposal is for has become run down. The funds would remedy that situation. In addition, the park would be handicap accessible, allowing physically challenged children to enjoy playground activities and lead a more normal life. 3. EASTER SEALS OF WASHINGTON-Modifications to rentals for the physically challenged Amount Requested: $18,250 Program Summary: This project provides access modifications to allow handicapped accessibility in rental units in Kent. Specifically, access ramps, roll-in showers, grab bars, widening interior doors,wall hung sinks, and raised toilets are proposed. Requested funds would also pay for a portion of the Project Manager's salary and administrative costs. Local and Consortium Policies and Priorities: The proposed project complies with all local and consortium policies. Staff Funding Recommendation: $18,250 If the City receives a decrease in its CDBG capital funds, then City of Kent Parks Dept. Tot Lot Phase 11 would be decreased up to$26,000. Any additional decrease would be split proportionately among the remaining projects. Rationale: This project serves physically challenged residents of Kent residing in rental units. This program supplements the City's Housing Repair Services Program since the City's program only serves owner-occupied units,not rentals. The project specifically addresses a City of Kent local program priority to provide access modification for physically challenged persons. 2 PROPOSED CITY OF KENT 1997 CDBG PROGRAM August 26, 1996 4. KING COUNTY HOUSING AUTHORITY -Nike Residential Rehab: Amount Requested: $50,000 Program Summary: The Nike site, which was given to the King County Housing Authority, consists of 31 surplus military single family housing units which has been providing emergency shelter and transitional housing with support services since 1990. This project is located on the West Hill in Kent. The King County Housing Authority leases units to the South King County Multi-Service Center, Highline West Seattle Mental Health Center and St. Stephens Housing Association. The population served consists of homeless women, children,families and mentally challenged seniors. The request is for partial funding of Phase II which will pay for Health & Safety items such as exterior lighting, repair of asphalt, site restoration,replacement of kitchen cabinets and repair of floor coverings. Local and Consortium Policies and Priorities: The proposed project complies with all local and consortium policies. Staff Funding Recommendation: $50,000 If the City receives a decrease in its CDBG capital funds, then City of Kent Parks Dept. Tot Lot Phase II would be decreased up to$26,000. Any additional decrease would be split proportionately among the remaining projects. Rationale: This housing serves a vital and under-served need for emergency and transitional housing in Kent. Except for the roof,there has not been a major rehab of the units since it was built in 1958. Kent funds will help provide a safer and healthier environment for the homeless and mentally challenged seniors. 5. MENTAL HEALTH HOUSING FOUNDATION-Buccheit Gardens Apartments Amount Requested: $16,774 Program Summary: Request is to partially fund the purchase of 8 to 10 units of housing for people who are mentally challenged. Agency is currently looking at apartment complexes in Auburn and Kent. Options are to acquire an older complex and rehab it to meet the clients needs or to purchase a mixed use building that would set aside 8 units for mental health and the rest of the units would be market rate. Local and Consortium Policies and Priorities: The proposed project complies with all local and consortium policies. 3 PROPOSED CITY OF KENT 1997 CDBG PROGRAM August 26, 1996 Staff Funding Recommendation: $16,774 If the City receives a decrease in its CDBG capital funds, then City of Kent Parks Dept. Tot Lot Phase II would be decreased up to$26,000. Any additional decrease would be split proportionately among the remaining projects. Rationale: This housing serves a vital and under-served need for independent living situations for low income chronically mentally challenged adults. This project received $296,888 from the King County Housing Finance Program. Kent's grant is required as a local matching fund. 6. MENTAL HEALTH HOUSING FOUNDATION TALL FIRS REHAB Amount Requested: $10,172 Program Summary: Project is for the replacement of the roof and fencing at a home/minifarm dedicated to housing very low income chronically mentally challenged adults. Project is located within the Kent City limits and houses 5 clients. Local and Consortium Policies and Priorities: The proposed project complies with all local and consortium policies. Staff Funding Recommendation: $10,172 If the City receives a decrease in its CDBG capital funds, then City of Kent Parks Dept. Tot Lot Phase II would be decreased up to$26,000. Any additional decrease would be split proportionately among the remaining projects. Rationale: Mental Health Foundation purchased the home and 2 acres in 1993. Request is a small investment to ensure that housing will be maintained in a safe and secure environment for chronically mentally challenged adults. 7. UNITED CEREBRAL PALSY-Community Living Homes Amount Requested: $15,000 Program Summary: Request is for partial funding for land acquisition to build permanent housing that would house 4 individuals that are developmentally challenged. Agency is currently looking for an in-fill lot in the Kent and Auburn area. King County HOF and HUD 811 Program will fund the construction of the home. Support services will be provided by the Dept. of Developmentally Disabled. Local and Consortium Policies and Priorities: The proposed project complies with all local and consortium policies. 4 PROPOSED CITY OF KENT 1997 CDBG PROGRAM August 26, 1996 Staff Funding Recommendation: $15,000 If the City receives a decrease in its CDBG capital funds, then City of Kent Parks Dept. Tot Lot Phase II would be decreased up to$26,000. Any additional decrease would be split proportionately among the remaining projects. Rationale: Funding will support subregional housing needs for people who have severe physical challenges. Clients will be referred from United Cerebral Palsy. PLANNING & ADMINISTRATION 8. CITY OF KENT PLANNING AND ADMINISTRATION (for the CDBG program) Amount Set Aside: $65,428 Program Summary: The planning and administration of the CDBG program involves a number of tasks such as contract development and monitoring, regional cooperation, and fulfilling the various federal reporting requirements. These dollars will continue to fund an existing permanent part-time planner position and a temporary intern position. Funds will also be used for general program administration costs which support Kent's CDBG program. Local and Consortium Policies and Priorities: The proposed project complies with all local and consortium policies. Staff Funding Recommendation: $65,428 Rationale: The Council has already taken action at their June 4, 1996 meeting to accept the maximum set aside for Planning and Administration CDBG dollars. That is estimated to be $65,428. We need this amount to be set aside for planning and administration, because Kent's general fund does not fully cover the staff time needed to administer and plan for the CDBG program. 5 PROPOSED CITY OF KENT 1997 CDBG PROGRAM August 26, 1996 PUBLIC (HUMAN) SERVICES 9. CATHOLIC COMMUNITY SERVICES - Springwood Foodbank Amount Requested: $25,000 Program Summary: Funding is for the support of an on-site food bank to provide emergency and supplementary food for residents of the Springwood Low Income Housing Complex located in the Meridian Annexation area. Local and Consortium Policies and Priorities: The proposed project complies with all local and consortium policies. Human Service Commission Funding Recommendation: $10,000 If the City's CDBG Public Services funding levels change, this program may be increased or decreased. For details refer to the last page. Rationale: Funding will help meet the basic and emergent food needs of the low income residents. The program has been funded by King County since 1989. Once the area was annexed into the City, King County funds became unavailable. Without support from the City, the program would not be able to operate. 10. COMMUNITY HEALTH CENTERS OF KING COUNTY -Kent Clinic services. Amount Requested: $25,000 Program Summary: Funds will be used to help support the compensation of a physician, who will provide primary medical care to low and moderate income people at the Kent Clinic. Local and Consortium Policies and Priorities: The proposed project complies with all local and consortium policies. Human Service Commission Funding Recommendation: $18,555 If the City's CDBG Public Services funding levels change, this program may be increased or decreased. For details refer to the last page. 6 e PROPOSED CITY OF KENT 1997 CDBG PROGRAM August 26, 1996 Rationale: Health care is a critical need in Kent. The Kent Clinic is the major point of access to medical services for Kent's low income population. Access to basic medical services is limited to low and moderate income residents because of lack of insurance and the lack of medical providers who accept Medicaid or Medicare clients. This project addresses that need. 11. CONNECTION,ADULT DAY CARE (Elderhealth NW) Amount Requested: $5,000 Program Summary: Funds will be used to help off-set the costs of adult day health services for Kent residents who are frail, elderly or disabled who still live at home. Clients receive medical assessment, on-going health monitoring, meals, social & therapeutic activities. Caregivers and families are offered support, education and counseling. Local and Consortium Policies and Priorities: The proposed project complies with all local and consortium policies. Human Service Commission Funding Recommendation: $5,000 If the City's CDBG Public Services funding levels change, this program may be increased or decreased. For details refer to the last page. Rationale: This is a priority one level for funding. Program addresses the growing need for adult day health services for low income residents. 12. EMERGENCY FEEDING PROGRAM OF SEATTLE-KING COUNTY: Distribution of meal boxes Amount Requested: $10,132 Program Summary: The Emergency Feeding Program provides emergency boxed meals for distribution at a number of sites in Kent. This Program differs from a food bank in that it provides nutritionally balanced meals for three days. Special meals are available for specific health concerns such as high blood pressure, low sodium diets, low sugar, and liquid diets. They also provide infant meal packs and food for the homeless that doesn't need cooking. Local and Consortium Policies and Priorities: The proposed project complies with all local and consortium policies. Human Service Commission Funding Recommendation: $10,132 If the City's CDBG Public Services funding levels change, this program may be increased or decreased. For details refer to the last page. 7 PROPOSED CITY OF KENT 1997 CDBG PROGRAM ` August 26, 1996 Rationale: The agency provides nutritionally balanced & special diet meals to individuals and families in crisis. The City of Kent began funding this agency four years ago. The agency has demonstrated to the City that it is providing a vital service in a competent and efficient manner. 13. YWCA,DOMESTIC VIOLENCE TRANSITIONAL HOUSING Amount Requested: $32,200 Program Summary: Program provides emergency and transitional shelter along with support services for victims of Domestic Violence and their children. In 1997,the YWCA will continue to provide Kent victims of Domestic Violence with shelter in five units of transitional housing. Local and Consortium Policies and Priorities: The proposed project complies with all local and consortium policies. Human Service Commission Funding Recommendation: $30,562 If the City's CDBG Public Services funding levels change, this program may be increased or decreased. For details refer to the last page. Rationale: The YWCA's program is the only transitional housing for domestic violence victims in South King County and is a vital service for Kent residents. This is one major component in the continuum of housing services needed to help victims move out of the cycle of violence. PUBLIC (HUMAN) SERVICES CONTINGENCY PLAN If Kent's CDBG Human Services dollars increase from the current estimate, then: 1 st) The increase will be split between the Community Health Centers&the YWCA,up to their requested amounts. In the event that the increase exceeds this amount,then 2nd) any additional increase would fund Community Health Center of King County Primary Dental Program up to the 1997 General Fund request. If Kent's CDBG Human Service dollars decrease from the current estimate then: 1 st) The decrease will be split evenly between the Community Health Centers of King County & the YWCA, up to the 1996 funding level and 2nd)if the decrease is more than that amount,the Emergency Feeding program would be reduced to the 1996 funding level. 3rd) Any additional decreases will be split evenly among all the agencies with the exception of Connections, as they are funded at the minimum level of$5,000. csA97cdbglbgprg2.sum 8 DRAFT 8/21/96 ORDINANCE NO. AN ORDINANCE of the City Council of the City of Kent, Washington, amending Kent City Code Section 15.08.244 _ pertaining to Soos Creek Basin Stream Buffers within the Meridian Annexation Area. WHEREAS, on January 1, 1996, the City annexed a 5.27 square mile area of unincorporated King County lying east of the existing City limits, commonly known as the Meridian Annexation Area; and WHEREAS, three major tributaries to the Soos Creek drainage system, Soos Creek, Big Soos Creek, and Little Soos Creek, lie within the City's annexation area; and WHEREAS, these three tributaries constitute a significant part of a unique regional drainage system, providing valuable habitat for salmon and other plant and wildlife species; and WHEREAS, Metropolitan King County's development setbacks along these tributaries, known as "buffers," establish more effective protection for these tributaries' systems than would be established under Kent City Code development standards; and WHEREAS, various parties who deem themselves affected by this potential change in setback requirements have notified the City of their concerns for the continued preservation of this important habitat area; and Stream Buffer i WHEREAS, on December 19, 1995, after a public hearing on the matter, the Kent City Council, by its Ordinance No. 3259, established interim zoning controls relating to preservation of these stream buffers so that City staff could conduct further study on the matter; and WHEREAS, the City staff has studied this matter, and on May 29, 1996, the City's Interim Land Use and Planning Board held a public hearing on a proposed zoning map and text amendment that will permanently preserve these established stream development standards on these tributaries in the Meridian Annexation Area; and WHEREAS, the Interim Land Use and Planning Board determined, in principle, to implement these setbacks and buffers, subject to review under the State Environmental Policy Act ("SEPA") and also subject to final review and approval of the implementing ordinance; and WHEREAS, on June 18, 1996, the Kent City Council, by its Ordinance No. 3300, extended the established interim zoning controls created by Ordinance No. 3259 to preserve these stream development standards in the Meridian Annexation Area in order to conduct SEPA review and to develop regulations pursuant to the direction of the Interim Land Use and Planning Board; and WHEREAS, SEPA review is now complete and the appropriate regulations have been reviewed and accepted; NOW, THEREFORE, 2 i THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Soos Creek Drainage Basin Stream Buffers Adopted. City stream buffers within the Soos Creek Basin are adopted as an overlay zoning requirement within the City's Meridian Annexation Area and potential annexation area, a map indicating the affected basin within the annexation area is attached as Exhibit A. Accordingly, Kent City Code Section 15.08.224 is hereby amended as follows: Sec. 15.08.224. Same—Classifications and restrictions. A. Classification categories and restrictions on lot coverage. Classification categories and restrictions on lot coverage relative to hazard areas, from least to most restrictive, are as follows: Classification Maximum Amount of Im- pervious Surfaces Allowed 1. Low hazard areas. In low hazard areas, the maximum amount of impervious surface allowed on each lot is thirty (30) percent. Low hazard areas are defined as lands where the following conditions exist: a. Slopes fifteen (15) percent to twenty-five (25) percent together with class 3 seismic hazard and class 2 erosion hazard area; or 30% b. Slopes fifteen (15) percent to twenty-five (25) percent together with class 2 slide and slippage and class 3 erosion hazard area; or 30% 3 C. Slopes fifteen 0 5) percent to twenty-five (25) percent together with class 2 seismic and class 3 erosion hazard area; or 30% d. Seventy-five (75) to one hundred fifty (150) feet from the top of a ravine in which a major or minor stream passes through; or 30% e. Thirty (30) to fifty (50) feet from the ordinary high-water mark of a lake. (See the following illustration.) 30% 2. Moderate hazard areas. In moderate hazard areas, the maximum amount of impervious surface allowed on each lot is ten (10) percent. Moderate hazard areas are defined as those lands where the following conditions exist: zero to thirty (30) feet from the ordinary high-water mark of a lake. (See illustration.) 10% 3. High hazard areas. In high hazard areas, the maximum impervious surface allowed on each lot is two (2) percent. High hazard areas are defined as those lands where the following conditions exist: a. Slopes fifteen (15) percent to twenty-five (25) percent together with class 2 slide and slippage and class 3 seismic hazard, and class 3 erosion hazard area; or 2% b. Slopes fifteen (15) percent to twenty-five (25) percent together with class 3 slide and slippage and class 3 erosion hazard area; or 2% C. Slopes twenty-five (25) percent to forty (40) percent together with class 3 seismic and class 3 erosion hazard area; or 2% d. Slopes twenty-five (25) percent to forty (40) percent together with class 3 erosion hazard area. 2% 4 4. Severe hazard areas. In severe hazard areas, the maximum amount of impervious surface allowed on each lot is zero percent. Severe hazard areas are defined as those lands where the following conditions exist: a. Slopes forty (40) percent and over; or 0% b. Slopes twenty-five (25) percent to forty (40) percent together with class 3 slide and slippage, class 3 seismic hazard, and class 3 erosion hazard area; or 0% C. All ravines; or 0% d. Seventy-five (75) foot setback from the top of any ravine. The top of a ravine is where the slope is generally less than fifteen (15) percent; or 0% e. Fifty (50) foot setback from the ordinary high-water mark of any major creek; or 0% f. Twenty-five (25) foot setback from the ordinary high-water mark of any minor creek; or 0% g. Ten (10) foot setback from the top of any drainage ditch; or 0% h. All wetlands as defined in the document Classification of Wetlands and Deepwater Habitats of the United States, by the U.S. Fish and Wildlife Service of the Department of Interior, a copy of which is filed with the city clerk. This classification shall exclude all wetlands considered in the Valley Floor Studies; or 0% i. All unique and fragile areas defined in the revised Valley Floor Studies, approved by city council on February 23, 1981, a copy of which is filed with the city clerk. 0% 5 B. Determination of precise location of hazard areas. 1. The hazard area development limitations map adopted by section 15.08.222 is based upon the most accurate data available at the time of preparation. 2. To more accurately determine the location of hazard areas, the city may require additional information with development proposals, including but not limited to a survey of the area. The hazard area map shall be corrected by planning and public works departments based upon more recent and accurate information accepted by such departments. C. Relocation of major or minor creek. 1. All major and minor creeks in the city, where they flow on or across undeveloped land, shall be retained in their natural state and location. 2. Where retaining the major or minor creek in its natural state may interfere with a proposed development, a site specific plan, referred to in this section as a stream plan, drawn to scale, shall be prepared, which indicates how the development will be constructed in relation to the stream and in relation to required storm drainage regulations. 3. A stream plan shall be submitted to the city planning department for its review prior to the issuance of any permit, including zoning, building, grading, storm drainage or hydraulics. 4. The planning department shall review the stream plan in relation to the proposed development plan and make a determination that the plan does protect the integrity of the major or minor creek. 5. The planning department may cause a modification of the development plan to ensure that the integrity of the major or minor creek is in fact retained. 6. Any authorization for changing the course of a major or minor creek or for working in a major or minor creek shall follow the guidelines and recommendations of the state department of fisheries and game (RCW 75.20.100). 6 .a 7. Setbacks from a relocated major creek shall be fifty (50) feet or as recommended by the state department of fisheries and game, whichever is the greater. 8. Setbacks from a relocated minor creek shall be twenty-five (25) feet or as recommended by the state department of fisheries and game, whichever is the greater. D. Soos Creek Basin Stream Buffers overlay zone 1. Purpose. Streams constitute environmentally sensitive areas that are of special concern to the City of Kent. The standards established in this ordinance are intended to protect those environmentally sensitive features within the City of Kent. By regulating development and alterations to these sensitive areas, this ordinance seeks to: a. Protect unique fragile and valuable elements of the environment including wildlife and its habitat: b. Mitigate unavoidable impacts to environmentally sensitive areas by regulating alterations in and adjacent to sensitive areas: c. Prevent cumulative adverse environmental impacts to water availability, water quality, wetlands, and streams: d. Protect the public trust as to navigable waters and aquatic resources: e. Alert members of the public including, but not limited to appraisers, owners, potential buyers or lessees to the development limitations of sensitive areas: f. Provide City officials with sufficient information to protect sensitive areas: and 3 Implement the policies of the State Environmental Policy Act, Chapter 43.21 C RCW Kent City Code Chapter 11.05, Title 15, and the City of Kent Comprehensive Plan. 2. Definitions. In the interpretation of the Soos Creek Basin Stream Buffers overlay zone regulations Kent Cily Code Section 15.08.224(D). the following words, terms or pronouns in place of them shall take precedent over other conflicting_definitions existing elsewhere in this code and shall have the following meaninas: Biologist-A person who has earned a four year degree in biological sciences from an accredited college or university. or a person who has equivalent educational training and who has experience as a practicing biologist. Buffer- The zone contiguous to a sensitive area that is required for the continued maintenance, function, and/or structural stability of the sensitive area. Buffer widths vary depending on the relative quality and sensitivity of the area being protected The critical functions of the riparian buffer (those associated with an aquatic system) include shading, input of organic debris and coarse sediments uptake of nutrients stabilization of banks, interception of sediments, overflow during high water events, protection from disturbance by humans and domestic animals, maintenance of wild habitat. and room for variation of aquatic system boundaries over time due to hydrological or climatic effects. The critical functions of terrestrial buffers include protection of slope stability, attenuation of surface water flows from stormwater runoff and precipitation, and erosion control. Building Setback Area -A defined width of land between a sensitive area buffer and development which establishes a definite point beyond which clearing. trimming or removal of vegetation, fill, overhangs, obstructions, impervious surfaces, and building foundations shall not extend. 8 Critical Drainage Area - An area which has been determined by the Department of Public Works to require more restrictive regulation than City-wide standards afford, in order to mitigate water quality. severe flooding drainage erosion or sedimentation problems, which have resulted or will result from the cumulative impacts of development and urbanization. Director- The Director of the City of Kent Planning Department or his/her authorized designee. Ditches - Irrigation ditches canals storm or surface water conveyance channels or other entirely artificial watercourses not utilized by salmonids. Ditches do not include reaches of streams that have been relocated, or otherwise created to reroute flows around developments or public works facilities but which carry flows from established creeks. Enhancement-An action which increases the functions and values of a stream, wetland, or other sensitive area. Large Livestock- Larger livestock such as meat and dairy cattle other bovines, llamas, and horses. Livestock-Animals of any kind kept or raised for use or pleasure. Livestock Fencing- Fencing constructed in such a way that it is at least four feet in height, and that livestock cannot push it over, step over it, or walk around it. Livestock fencing includes electric fences with at least two parallel electrically charged wires, four strand barbed wire fences, and other standard stock fences in common use by the livestock industry. Line of Mean High Water- The margin of the area occupied by the water for the greater portion of each average year: at this level a definite escarpment in the soil will generally be traceable: where the edge of vegetation exists along the bank in the same location from year to year, the line of mean high water is the same as the line of ordinary high water mark. 9 Mitigation - The use of any or all of the following actions that are listed in descending order of preference: 1) avoiding the impact altogether by not taking a certain action or parts of an action: 2) minimizing the impact by limiting the degree or magnitude of the action and its implementation, by using_appropriate technology, or by taking affirmative actions to avoid or reduce impacts: 3) rectifying the impact by repairing rehabilitating or restoring the affected sensitive area: 4) reducing or eliminating the impact over time by preservation or maintenance operations during the life of the project proposal• 5) compensating for the impact by replacing enhancing or providing substitute sensitive areas and environments: 6) monitoring the impact and taking appropriate corrective measures. Monitoring- Evaluating the impacts of development proposals on the biological hydrologic and geologic elements of sensitive areas and systems and assessing the performance of required mitigation measures through the collection and analysis of data by various methods for the pumoses of understanding and documenting changes in natural ecosystems and features, and includes g-athering baseline data. Native Growth Protection Area - An area whose native growth is protected from unauthorized removal trimming and planting for the purpose of protecting the public health safety and welfare Native Vegetation -Vegetation comprised of plant species which are indigenous to the Puget Sound region and which could have been expected to naturally occur on the site. Native vegetation does not include noxious weeds, reed canary grass. cattails, purple loosestrife and other highly invasive and undesirable plants. Noxious Weed-Any plant which when established is highly destructive competitive, or difficult to control by natural or chemical practices (see Chapter 17.10 RCW.The state noxious weed list in Chapter 16-750 WAC is the officially adopted list of noxious weeds by the state noxious weed control board. Ordinary High Water Mark- The mark that will usually be found by examining the bed and banks of a stream or river, and ascertaining where the presence and action of waters are so common and usual, and so Iona maintained in all ordinary years, as to mark upon the soil a character 10 distinct from that of the abutting upland with respect to vegetation In any area where the ordinary high water mark cannot be found, the line of mean high water shall substitute. In any area where neither can be found, the top of the channel bank shall be substituted In braided channels and alluvial fans the ordinary high water mark or substitute shall be measured as to include the entire stream feature. Public Agency-Any agency, political subdivision or unit of local government of this state including by not limited to municipal corporations special purpose districts and local service districts any agency of the State of Washington. the United States or state thereof: or any Indian Tribe recognized as such by the Federal government. Salmonid- A member of the fish family Salmodiae. In King County salmonid species include Chinook. Coho, chum, sockeye and pink salmon: cutthroat, rainbow, brown trout and steelhead: Dolly Varden, brook trout, char, kokanee and white fish. Sensitive Areas - Any of those areas in the City of Kent which are subject to natural hazards, or those land features which support unique, fragile, or valuable natural resources including fishes, wildlife and other organisms and their habitat and such resources which, in their natural state carry, hold or purify water. Sensitive areas include the following landform features: erosion hazard areas, coal mine hazard areas, land-slide hazard areas seismic hazard areas steep slope hazard areas wetlands flood hazard areas. and the adjoining protective buffers necessary to protect the public health, safety and welfare. Sensitive Area Tract-A separate tract that is created to protect a sensitive area and its buffer and whose ownership is transferred to the City of Kent, or other approved entity. Small Livestock- Smaller livestock such as pigs. goats, sheep. miniature horses. and feeder calves. Streams - Those areas of Kent where surface waters flow sufficiently to produce a defined channel or bed A defined channel or bed is an area which demonstrates clear evidence of the passage of water and includes, but is not limited to bedrock channels, gravel beds, sand and silt beds and 11 defined channel swales. This definition is not intended to include irrigation ditches canals storm or surface water runoff devices or other entirely artificial watercourses unless they are used by salmonids or used to convey streams occurring prior to construction of such watercourses, but is intended to include creeks, sloughs, and rivers. The channel or bed of a stream does not have to contain water all year long for the reach to be considered a stream. Streams are further categorized as follows: a. Class 1 Streams - those streams inventoried as "Shorelines of the State" under the City of Kent Shoreline Master Program, Kent City Code Chapter 11 04 pursuant to RCW Chapter 90.58. b. Class 2 Streams - those streams smaller than Class 1 Streams that flow year around during periods of normal rainfall, or those streams that are used by salmonids. c. Class 3 Streams - those streams that are intermittent or ephemeral during years of normal rainfall and are not used by salmonids. Top of Bank- That point along a slope channel or stream where the change in slope along the highest elevations at top of the slope channel or stream changes to a slope of less than 15 percents this is usually a line easily seen while observing the bank or slope. Variance to Stream Buffer Standards - An adjustment in the application of the standards contained in this ordinance to a particular piece of property in a situation where the property is otherwise deprived of all reasonable use of the property. A variance to stream buffer standards shall not be used to convey special privileges not enjoyed by other properties in the same vicinity and zone which are subject to the same standards and code restrictions. A variance to stream buffer standards must be authorized in writing by the Director, and shall be the minimum remedy necessary to permit reasonable use of the property_. Vegetation - Any and all organic plant life growing at. below, or above the soil surface. 12 3. Stream Buffer Standards. a. Stream Buffer Widths. 1. All buffers shall be measured from the ordinary high water mark as identified in the field or, if that cannot be determined, from the top of the bank. In braided channels. the ordinary high water mark or top of bank shall be determined so as to include the entire stream feature. 2_ The following buffers on each side of the ordinary high water mark are minimum requirements. Class 1 Streams - 100 foot buffer. ij Class 2 Streams used by salmonids - 100 foot buffer. iii L Class 2 Streams - 50 foot buffer. iv L Class 3 Streams - 25 foot buffer. vL Ditches - 10 foot buffer. viL When the ordinary high water mark of any stream is within 25 feet of the toe of slopes greater to or equal than 15 percent, the following minimum buffers shall be provided: D Where the horizontal length of the slope including small benches and terraces is within the buffer for that stream class, the buffer shall be the larger of: a) the minimum buffer for that stream class: or b) 25 feet beyond the top of the slope. 2) Where the horizontal length of the slope extends beyond the minimum buffer for that stream class, the buffer shall extend to a point 25 feet beyond the minimum buffer for that stream class. viij Any stream adjoined by riparian wetland or other adjacent sensitive area shall have the buffer which applies to the wetland or other adjacent sensitive area unless the stream buffer requirements are more expansive. 13 yffil Any stream restored. relocated, replaced or enhanced because of alterations should have at least the minimum buffer required for the class of stream involved. 3— The Director may authorize buffer averaging in instances where it will provide additional resource protection. provided that the total area on-site contained in the buffer remains the same or larger after avernina. 4. The determination of salmonid use shall be made by the Director based on the best available, past and present information gathered by the City, its agents. and other entities with jurisdiction or expertise relating to salmonid presence or absence during any life stage. 5. Stream buffers shall be managed as Native Growth Protection Areas and shall generally remain undisturbed except for enhancement planting projects. b_ Additional buffer requirements for streams. The Planning Department may require increased stream buffer widths as necessary to protect streams. The additional buffer widths and other issues shall be determined by criteria set forth in administrative rules and include, but are not limited to, critical drainage areas, location or management of hazardous wastes, critical fish and wildlife habitat, and the location of trail or utilitycorridors. C. Sensitive Area Tracts Sensitive Area Tracts shall be used to protect all streams and buffers in or adjacent to proposals for developments, such as subdivisions, commercial development, or binding site plans of all kinds, and shall be recorded on all documents of title of record for all affected lots Any required Sensitive Area Tract shall either be deeded or dedicated to the benefit of the City of Kent. The width of the sensitive area tract shall depend on the stream classification and buffer requirement. 14 v d_ Building Setback Areas. Sensitive Area Setback Areas shall delineate streams. steep slopes adjacent to streams, wetlands adjacent to streams, and required buffers in development proposals for building permits, short subdivisions, subdivisions, binding site plans and grading permits. The setback area shall be identified on a recorded site clan or in recorded documents filed as an a requirement of this section. Unless otherwise specified in this section, a minimum building setback line of 15 feet shall be required from the edge of the stream buffer. Prohibitions on the use of hazardous or toxic substances and pesticides or certain fertilizers in this area may be imposed. e. Allowed Alterations to Streams and Buffers. 1. The following stream crossings may be permitted only with approved mitigation plans, and may be allowed only if they meet the following requirements: All crossings shall be constructed during summer low flow and shall be timed to avoid stream disturbance during periods when use is critical to salmonids: ii Crossings shall not occur over salmonid spawning areas unless no other possible crossing site exists: iii L Crossings shall not diminish the flood carrying capacity of the stream: i& Underground utility crossing shall be located at a minimum depth of four feet below the maximum projected depth of scour for the base flood as determined by professional civil engineer licensed by the State of Washington: and vL The applicant shall obtain approval from the Department of Natural Resources and from the Department of Fish and Game for all crossings of a Class 1 stream. viL The applicant shall obtain an Hydraulics Project Approval, or a written waiver therefrom, from the State Department of Fish and Wildlife for all crossinas. 15 2. Construction of public and private trails may be allowed in stream buffers only upon adoption of administrative rules and pursuant to the followingauidelines: Trail surfaces shall not be of impervious materials, except that impervious public multi-purpose trails like the Soos Creek Trail may be allowed if they meet all other requirements including water quality: and ii Where trails are provided, buffers shall be expanded, where possible. 3. Construction of utilities shall be permitted in stream buffers only when no reasonable alternative location is available. 4_ Class 1 streams may not be relocated. but Class 2 and Class 3 stream relocations may be allowed, providing mitigation is provided for all impacts. they meet all requirements, and are approved by all aaencies with jurisdiction. For any stream relocation, the applicant must demonstrate, based on information provided by a civil engineer and a qualified biologist. that: J The equivalent base flood storage volume and function will be maintained. ii There will be no detrimental increase or decrease in stream velocit D iii There will be no interbasin transfer of water: iv Performance standards as set out in the mitigation plan are v_Z The relocation conforms to other applicable laws: All work will be carried out under the direct supervision of a qualified biologist. 4. Livestock restrictions adjacent to streams and wetlands. The following standards apply to all parcels with streams flowing through or adjacent to them and are intended to allow the raising of livestock in the City of Kent while minimizing the adverse impacts on water quality and salmonid fisheries habitat in City of Kent watersheds. 16 a. Maximum Livestock Densities. 1. A maximum of six large livestock per gross acre. or the equivalent of six large livestock per gross acre as defined in the definitions section of this ordinance. 2. No large livestock shall be permitted on any lot smaller than 20,000 square feet in area except that the portion of the lot used for confinement or grazing may be less than 20.000 square feet, providing that the portion of the lot used for confinement or grazing meets the requirements of farm management standards section of this ordinance. b. Farm Management Standards. Property owners with livestock on farms adjacent to, or containing streams, shall meet the following minimum standards: 1_ Livestock Watering. Wetland and Stream Corridor Management Options. J Livestock fencing shall be used as necessary to prevent livestock access to all streams, wetlands. and their buffers. ii The preferred watering option shall be a domestic water supply, stock watering pond, roof runoff collection system, or an approved pump supply from the stream so that livestock are not required to enter streams for their water supply. iii L Livestock access to all streams and their buffers shall be limited to stream crossing and watering points which prevent free access along the length of the streams. iv L Livestock crossings of streams shall be limited to a single point no wider than 25 feet. v_- Livestock watering points shall be designed in such a manner as to minimize adverse impacts to the stream. 17 vii Bridges designed to allow free flow of flood waters may be used in lieu of stream crossings, provided that piers and abutments shall not be placed within the ordinary high water mark or top of bank. whichever is greater. vii Crossings of wetlands and their buffers is not permitted. 2_ Grazing and Pasture. Confinement and Manure Management. j Livestock fencing shall be used to establish and maintain all buffers. ii L Existing grazing and confinement areas shall maintain a fenced vegetative buffer of at least 50 feet from any naturally occurring pond, wetland edge. or the ordinary high water mark of all streams. iii I Existing grazing and confinement areas which do not meet the minimum width of fenced vegetative buffers required by this chapter shall be modified as necessary to provide the buffers specified within five years of the effective date of this ordinance. iv Forested lands being cleared for grazing areas, and new grazing areas shall comply with the sensitive area setbacks for Class 1. Class 2. and Class 3 streams, and wetlands. vL The grazing area buffer for Class 1 and Class 2 streams with salmonids may be reduced to 50 feet where a 50 foot width of diverse. mature vegetation already exists in the buffer area. This buffer reduction may not be used when forested lands are being cleared for grazing areas. viL Fencing installed pursuant to King County's Sensitive Areas Ordinance, prior to the effective date of this ordinance, at setbacks other than those specified above, shall be deemed to be in compliance to the requirements of this section. vii L Grazing areas may extend to the property line, provided that all streams or wetlands adjacent to the property line meet the minimum buffers of this ordinance. viii Manure storage areas shall be managed as follows: 18 t Surface water flows shall be diverted away from manure storage areas. 2� During the winter months of October 15 to April 15, all manure stockpiled within 200 feet uphill from any Class 1 or Class 2 stream, or wetland, shall be covered in a manner that excludes precipitation and allows free flow of air to minimize fire danger: OR alternatively shall be placed in an uncovered concrete bunker, or manure lagoon, or held for pickup in a covered dumpster, vehicle or other facility designed to prevent leachate from reaching any streams or wetlands 3� Manure shall be stored in a location that avoids having runoff from manure enter streams or wetlands. 4� Manure piles shall not be any closer than 50 feet uphill from any wetland buffer, the ordinary high water mark of any stream, or any ditch to which the topography would generally direct runoff from the manure, nor within any stream buffer. 5� Manure shall not be spread on frozen or saturated fields. C. Existing Livestock Operations. All existing livestock operations shall meet the farm management standards of this ordinance within five years of the effective date of this ordinance, except that existing buildings are exempt from this provision. State standards for fecal coliform. turbidity, and nutrients must be met within five years from the date of adoption of this ordinance. 5. Exemptions. The Planning Director may grant exemptions from the stream buffer requirements of this chapter providing that the exemption is consistent with the general purposes of this ordinance and the public interest An application for a sensitive areas reasonable use exemption shall be filed with the Planning Department and the Planning Director shall issue a final decision pursuant to the provisions of this chapter. 19 a Criteria. The Planning Director, in granting an exemption for reasonable use, must determine that: 1_ Application of this ordinance would deny all reasonable use of the property: and 2_ There is no other reasonable use with less impact on the sensitive area: and 3. The proposed development does not pose an unreasonable threat to the public health. safety or welfare on, or off the proposed development site: and. 4. Any alterations permitted to these sensitive areas shall be the minimum necessary to allow for reasonable use of the property. 5_ Any authorized alteration of a sensitive area under this section shall be subject to conditions established by the Director, and shall require mitigation and or enhancement under approved mitigation plans. b. Public Works The application of this ordinance shall not prohibit public works within or adjacent to sensitive areas if the Planning Director determines that the application of this ordinance would prohibit a development by a public agency or public utility that is necessary to the public health safety, or welfare The Planning Director may grant an exemption based on the following criteria: 1. There is no reasonable alternative to the proposed development with less impact on the sensitive area and 2_ The proposal minimizes the impact on sensitive areas and the applicant provides restoration/enhancement of any and all disturbed areas. 20 C. Enforcementllnterpretation The City's Planning Director is authorized and directed to enforce all of the provisions of these stream buffer standards. The Planning Director shall also have the power to render interpretations and to adopt rules and regulations of these standards in order to clarify the application of these provisions. The Planning Director's interpretations, rules and regulations, however, shall be in conformance with the intent and purpose of these stream buffer standards and shall be in written form. d. Amendment of Appendices The City's Planning Director is authorized to amend the appendices to the stream buffers from time to time to time as he or she shall deem necessary. However, any amendments to the appendices shall conform with the intent and the purpose of these stream buffers. Where inconsistencies occur in application of this Soos Creek Basin Stream Buffer overlay zone together with other buffer or setback regulation in the Kent City Code, the more restrictive regulation shall apply. DE. Exceptions. 1. Low hazard areas. Development within seventy-five (75) to one hundred fifty (150) feet of the top of a ravine through which a major or minor creek passes may be permitted under the existing zoning requirements if it can be demonstrated to the planning director that water quality and quantity will not be impacted. 2. Severe hazard areas. A fifty-foot setback from the ordinary high-water mark of any major creek is required. Impervious surfaces may be allowed a maximum of twenty (20) percent closer to the ordinary high-water mark of a major creek, if shading vegetation is presently located. 3. All hazard areas. The planning director shall have the authority to waive specific requirements or impose additional requirements in unique or special circumstances to ensure the fulfillment of the stated purpose of this chapter 21 and to allow for flexibility and innovation of design. Special circumstances or unique conditions shall be reviewed with the planning director prior to submittal of the development plan. Examples of special conditions might include: a. Preservation of unique wildlife habitat. b. Preservation of natural or native areas. C. Compliance with special easements. d. Unique site uses. 4. Vehicular and pedestrian access. In situations where vehicular or pedestrian access cannot reasonably be provided by avoiding identified watercourses, then such access shall be allowed in the form of a vehicular or pedestrian bridge. Construction of any bridge shall be subject to the approval of the public works department regarding storm drainage and hydraulics, and guidelines and recommendations of the state department of fisheries and game. SECTION 2. If any one or more sections, sub-sections, 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. This Ordinance shall take effect and be in force five (5) days from and after its passage, approval and publication as provided by law. JIM WHITE, MAYOR ATTEST: BRENDA JACOB ER, CITY CLERK 22 APPROVED AS TO FORM: ROGER A. LUBOVICH, CITY ATTORNEY PASSED day of 1996. APPROVED day of 11996. PUBLISHED day of 11996. 1 hereby certify that this is a true copy of Ordinance No. , passed by the City Council of the City of Kent, Washington, and approved by the Mayor of the City of Kent as hereon indicated. (SEAL) BRENDA JACOBER, CITY CLERK STREAM&ORD 23 CITY OF KENT SOOS CREEK BASIN OVERLAY Sf Inl R ha 9t p � 5 y w ; C e 5AE r � r.t le •x :ten � t a 'v^ �' 1 # i m 6 xz a i r a e a Se dry .. R � Sf zaz n ♦ Paz 'a p Pam. �e ;L � xaR ea as Se _ r a St IItr r g zVa rL SwS - xua n v m a Yl R M q Sr a �. °'� ,✓ ifxsu�r4'` .r'N ,,. Q s C Se a a R s- Sf zeon A ° rG. � a� SGh xx e 5 e R f_ Sean - 5 `t k y �nY r L 5 '. � F ♦ "' spy .y 5 _ SS bra' rF as Y ae pL I mR, e SOOS CREEK BASIN OVERLAY AREA #ZCA-96-4 EXISTING CITY LIMITS KENT POTENTIAL ANNEXATION AREA MAP CREATED BY KENT PLANNING DEPARTMENT EXHIBIT A 1 I v 1 � 1. ..�1 • ..ram ��' Y ` ". a/ .. -�1t :fL I � • s ir s _ r \ 1 f � 1 oa t R � V n - w �y m 0 M � a 3 cr R dY 8/21/96 ORDINANCE NO. AN ORDINANCE of the City Council of the City of Kent, Washington, amending Kent City Code Section 15.08.244 _ pertaining to Soos Creek Basin Stream Buffers within the Meridian Annexation Area. WHEREAS, on January 1, 1996, the City annexed a 5.2 square mile area of unincorporated King County lying east of the existing City limits, commonly known as the Meridian Annexation Area; and (,aw wk mind LkWT! 0, U S r t WHEREAS, three majo �lauta�ies-t$th(liewithin s Creek drainage system, Soos AAX!MW Creek, Big Soos Creek, and Little Soos Creek, the City'sn#nnexation area; and WHEREAS, these three�tributaries constitute a significant part of a unique regional drainage system, providing valuable habitat for salmon and other plant and wildlife species; and WHEREAS, Metropolitan King County's development setbacks along these tributaries, known as "buffers," establish more effective protection for these tributaries' systems than would be established under Kent City Code development standards; and WHEREAS, various parties who deem themselves affected by this potential change in setback requirements have notified the City of their concerns for the continued preservation of this important habitat area; and Stream Buffer distinct from that of the abutting upland, with respect to vegetation. In any area where the ordinary high water mark cannot be found, the line of mean high water shall substitute. In any area where neither can be found, the top of the channel bank shall be substituted. In braided channels and alluvial fans, the ordinary high water mark or substitute shall be measured as to include the entire stream feature. Public Agency-Any agency, political subdivision, or unit of local government of this state including by not limited to municipal corporations, special purpose districts. and local service districts: any agency of the State of Washington. the United States or state thereof: or any Indian Tribe recognized as such by the Federal government. Salmonid- A member of the fish family Salmodiae. In King County salmonid species include Chinook. Coho, chum, sockeye and pink salmon: cutthroat, rainbow, brown trout and steelhead: Dolly Varden, brook trout. char, kokanee and white fish. Sensitive Areas-Any of those areas in the City of Kent which are subject to natural hazards, or those land features which support unique, fragile, or valuable natural resources including fishes, wildlife and other organisms and their habitat and such resources which, in their natural state carry, hold or purify water. Sensitive areas include the following landform features: erosion hazard areas, coal mine hazard areas, land-slide hazard areas. seismic hazard areas, steep slope hazard areas, wetlands, flood hazard areas, and the adjoining protective buffers necessary to protect the public health, safety and welfare. Sensitive Area Tract-A separate tract that is created to protect a sensitive area and its buffer and whose ownership is transferred to the City of Kent, or other approved entity. Small Livestock- Smaller livestock such as pigs, goats. sheep. miniature horses, and feeder calves. �,rc Ti{ti Purpos�Sc� {� igNaua uv�sraU,� �`61�� to�►�> a�++�k�x.�, s�xCG)5+v�, u yes�on� s�rku.� �nv�c,kntr w apt �,� Streams - Those areas of Kent where surface waters flow sufficiently to produce a defined channel or bed. A defined channel or bed is an area which demonstrates clear evidence of the passage of water and includes, but is not limited to bedrock channels, gravel beds, sand and silt beds and Surface water flows shall be diverted away from manure storage areas. 2L During the winter months of October 15 to April 15, all manure stockpiled within 200 feet uphill from any Class 1 or Class 2 stream, or wetland, shall be covered in a manner that excludes precipitation and allows free flow of air to minimize fire danger: OR alternatively shall be placed in an uncovered concrete bunker, or manure lagoon. or held for pickup in a covered dumpster, vehicle or other facility designed to prevent leachate from reaching any streams or wetlands. Manure shall be stored in a location that avoids having runoff from manure enter streams or wetlands. 4� Manure piles shall not be any closer than 50 feet uphill from any wetland buffer, the ordinary high water mark of any stream, or any ditch to which the topography would generally direct runoff from the manure, nor within any stream buffer. Manure shall not be spread on frozen or saturated fields. b� 1an�ra u t& 5lmc usr i Pop W MkI.) Wy -"toQL& 1wff�ok C. Existing Livestock Operations. All existing livestock operations shall meet the farm management standards of this ordinance within five years of the effective date of this ordinance, except that existing buildings are exempt from this provision. State standards for fecal coliform, turbidity, and nutrients must be met within five years from the date of adoption of this ordinance. 5. Exemptions. The Planning Director may grant exemptions from the stream buffer requirements of this chapter providing that the exemption is consistent with the general purposes of this ordinance and the public interest. An application for a sensitive areas reasonable use exemption shall be filed with the Planning Department and the Planning Director shall issue a final decision pursuant to the provisions of this chapter. 19 CITY OF KENT SOOS CREEK BASIN OVERLAY TV E 30 i as y t sE xo s, s 'n' f � Y i c' f• C v UU is � ti i` e •Pa i P am Y I�/WyHW-T Y ' _ it pia 9 ra y ° a, \� O Y "w _ ] ] ITtf y l a d xnx] • a r II IT , a m J W gx EYI alE IT S c a a IIT n aYaW yr I 61� V EV9 l 11 w yaryp xYe K e1 LYI h - 3r w i _� A �a ewe u d d � 31 f M1 p Ear I9 < T xs a ! „ � Y a YL 6Y M n x,r y J vol t < 91 J s ,W M2 n t z, I¢fJ i . j 3 aE E Z� aMIY.n EVe e9 0 SOOS CREEK BASIN OVERLAY AREA #ZCA-96-4 EXISTING CITY LIMITS KENT POTENTIAL ANNEXATION AREA EXHIBIT �� MAP CREATED BY KENT PLANNING DEPARTMENT E X H I B I T A