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HomeMy WebLinkAboutCity Council Committees - Planning and Economic Development Committee - 08/20/1996 (3) cisv OF MUM U _ CITY COUNCIL PLANNING COMMltr AGENDA Jim White, Mayor AUGUST 20, 1996 THE CITY COUNCIL PLANNING COMMIE IS HOLDING A MEETING ON AUGUST 20, 1996 AT 4.00 P.M. IN THE COUNCIL CHAMBERS EAST ROM OF KENT CITY HALL AT 220 S. FOURTH AVENUE.' Committee Members Leona Orr, Chair Jon Johnson Tim Clark AGENDA 1. Proposed Kent Junk Ordinance - INFORMATION ITEM - 15 Minutes (J. Harris) 2. 1997-1999 HOME Interlocal Cooperation ACTION ITEM - 15 Minutes Agreement - (C. Sundvall) 3. 1997-1999 Community Development Block ACTION ITEM - 15 Minutes Grant Interlocal Agreement - (C. Sundvall) 4. Discussion of the Manufacturing and R&D INFORMATION ITEM - 15 Minutes Tax exemption - (L. Orr) 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:pco82096.agn 120 4th AVE SO /KENT W ASHINGTON 98032-5895/TELEPHONE 1206)859 3300/PAX#859-3334 CITY OF !2L1V T 1 Jim White, Mayor PLANNING DEPARTMENT MEMORANDUM To: Council Planning Committee Members: Leona Orr, Chair, Tim Clark and Jon Johnson From: James P. Harris, Planning Director Date: August 13, 1996 Subject: Proposed amended Junk Vehicle Ordinance As a result of the last Council Planning Committee, a draft junk vehicle ordinance, to replace the current junk vehicle ordinance and to bring the ordinance into compliance with state law, is being presented to the Committee for consideration. A representative from the Law office will be present to review the proposed changes with the Committee. 220 4th AVF SO /KENT WASHINGTON 981132-5895 1 TELEPHONE 120G1859-3300/FAX K 959-3334 ORDINANCE NO. AN ORDINANCE of the City Council of the City of Kent, Washington, amending Chapter 8.08 of the Kent City Code relating to junk vehicles. WHEREAS, Chapter 8.08 of the Kent City Code provides for the abatement of junk vehicles; and WHEREAS, the City Council desires to amend this code to be consistent with state law; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Chapter 8.08 of the Kent City Code entitled "Junk Vehicles" is hereby amended to read as follows: CHAPTER 8.08. JUNK VEHICLES Sec. 8.08.010. Purpose. The purpose of this chapter is to preserve the character and safety of the city's neighborhoods by eliminating as nuisances, junk vehicles from private property, and to provide procedures for the removal of junk vehicles as authorized by RCW 46.55.240. Sec. 8.08.020. Definitions. For the purposes of this chapter, the following words shall have the following meaning: _ 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. Junk vehicle means anya vehicle 5tib5tantially meeting -&4at least three of the following requirements: (RCW 46.55.010(4)) 1 . Is three (3) years old or older; aft4 2. Is extensively damaged, such damage including, but not limited to any of the following: aA broken window or windshield or missing wheels, tires, motor or transmission; an 3. Is apparently inoperable; art -54. Has an approximate fair market value equal only to the approximate value of the scrap in it. Landowner means an owner of private property, or a person in possession or control of private property. Sec. 8.08.030. Public nuisance declared. All junk vehicles certified as such by a law enforcement officer or code enforcement officer designated by the director according to RCW 46.55.230 and found on private property are declared to constitute a public nuisance subject to removal, impoundment and disposal. It is unlawful for any individual firm, entity or corporation to allow, cause to allow or place a junk vehicle on any premises. Sec. 8.08.040. Exemptions. A. A vehicle or part thereof which is completely enclosed within a building in a lawful manner where it is not visible from the street or other public or private property; or B. A vehicle or part thereof which is stored or parked in a lawful manner on private property in connection with the business of a licensed dismantler or licensed vehicle dealer and is fenced according to the provisions of RCW 46.80.130. 2 Sec. 8.08.050. Abatement and removal of junk vehicles on private property. A. Voluntary correction. Whenever the code enforcement officer determines that a vehicle is a public nuisance and in violation of this chapter, a reasonable attempt shall be made to secure voluntary correction from the landowner and the vehicle's registered owner. B. Issuance of notice of civil violation. If the code compliance officer does not obtain voluntary correction of the public nuisance, the officer may issue a notice of civil violation to the landowner of record and the vehicle's last registered owner of record in accordance with the provisions of Kent City Code 1.04.040. C. Content. For violations of this chapter the notice of civil violation shall contain the following information: 1. The name and address of the landowner of record upon whose property the vehicle is located; ate 2. The name and address of the vehicle's last registered owner of record provided license or vehicle identification numbers are available; and 3. The vehicle description including: the license plate number and/or the vehicle identification number; the model year; the make; and the factors which render the vehicle a public nuisance; aftd 4. The street address of a description sufficient for identification of the property where the vehicle is located; a+t 5. The required corrective action and a date and time by which the correction must be completed; art$ 6. The date, time and location of a hearing before the hearing examiner on the question of abatement and removal of the vehicle or part thereof as a public nuisance which will be at least ten 00) days but no more than forty-five (45) days from the date the notice is issued; arm 7. A statement indicating that the hearing will be canceled and no monetary penalty will be assessed if the required corrective action is completed at least forty-eight (48) hours prior to the scheduled hearing; eftd 3 8. A statement indicating that the city may remove, impound and dispose of the vehicle, and assess all costs and expenses of administration, removing, impounding and disposing of the vehicle against the landowner or the registered owner as ordered by the hearing examiner; and 9. A statement that a monetary penalty pursuant to section 1.04.040 E. in an amount per day for each violation shall be assessed against the landowner and/or the vehicle's registered owner as specified and ordered by the hearing examiner in accordance with section 1 .04.040. D. Service of notice. The notice shall be mailed by certified mail, with a five-day return receipt requested, to the owner of the land as shown on the last equalized assessment roll and to the last registered and legal owner of record unless the vehicle is in such condition that identification numbers are not available to determine ownership. E. Landowner responsibility disclaimer. The landowner may appear in person at the hearing or present a written statement prior to the hearing, to deny responsibility for the vehicle's presence on the property. If the hearing examiner determines that the vehicle was placed on the property without the landowner's consent and that the landowner has not subsequently acquiesced in its presence, then the costs and expenses of administration, removing, impounding and disposing of the vehicle shall not be assessed against the landowner or otherwise attempted to be collected from said landowner. F. Removal by the city. Pursuant to the hearing examiner's orders, the vehicle or part thereof may be removed at the request of a law enforcement officer, the city may use any lawful means to cause the vehicle to be removed from the private property and disposed of to a licensed motor vehicle wrecker or hulk hauler or scrap processor, with notice to the Washington State Patrol and the Washington Department of Licensing that the vehicle has been wrecked. G. Recovery of costs and expenses. 1. The costs of removal and disposal shall be assessed against the last registered owner if the identity of the owner can be determined unless the owner in-.—the transfer.of ownership complied with RCW 46.12.101, or against the Landowner of record of the property on which the vehicle is stored, or both. If both the owner of the vehicle and the proper"- an owner are assessed the costs of removal, then liability for the costs shall be their joint and separate obligation. 4 2. The costs of administration and of removal and disposal of the vehicle may be recovered pursuant to Kent City Code 1.04.060 D. H. Conflict of provisions. The notice and related requirements of this section, Kent City Code 8.08.050, are intended to supplement those of Kent City Code 1.04.040, however, should a conflict exist, the provisions of Kent City Code 8.08.050 shall prevail. Sec. 8.08.060. Violation; penalty. A. Any violation of any provision of this chapter is a civil violation as provided for in Kent City Code, Chapter 1 .04, for which a monetary penalty may be assessed and abatement may be required as provided therein. B. 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 pursuant to section 1.01 .140 of the Kent City Code. Sec. 8.08.070. Rules and procedures. The applicable department director in charge of enforcement of this chapter may adopt such rules as may be necessary to effectively implement and administer this chapter. 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. 5 SECTION 3. This Ordinance shall take effect and be in force thirty (30) days from and after its passage, approval and publication as provided by law. JIM WHITE, MAYOR ATTEST: BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM: ROGER A. LUBOVICH, CITY ATTORNEY PASSED day of 1996. APPROVED day of 1996. PUBLISHED day of 1996. 6 ` CITY OF Jim White, Mayor Planning Department (206) 859-3390/FAX (206) 850-2544 James P. Harris, Planning Director MEMORANDUM August 20, 1996 MEMO TO: LEONA ORR, CHAIR, AND CITY COUNCIL PLANNING COMMITTEE MEMBERS FROM: LIN HOUSTON, HUMAN SERVICES MANAGER SUBJECT: 1997-1999 HOME INTERLOCAL COOPERATION AGREEMENT (ICA) Background The current three year HOME Interlocal Cooperative Agreement(ICA) expires at the end of 1996. It is necessary for the City to enter into a new agreement for the King County HomE Consortium for the years 1997-1999. (Copy is attached.) The agreement governs the City's participation with the County and other King County cities in the distribution of federal HOME funds. King County receives these funds under the federal HOME National Affordable Housing Act of 1990. These funds are available for distribution throughout the County for projects which provide permanent affordable housing for low-income families and individuals. Since the HOME Program is administered by King County,with no separate funds for this Program coming individually to the member cities,the ICA is very short and straight forward. City of Kent Housing& Human Services staff are members of the HOME Working Committee and participate in the drafting of policies, review of applications, and recommendations for HOME funding. Our participation helps ensure that South King County captures its share of HOME dollars for affordable housing. The new ICA has only one major change from the current agreement and that is the inclusion of the federally funded McKinney Homeless Assistance Program. In order to address the probability of the King County Consortium receiving a direct "block grant" of the McKinney Homelessness Assistance funds within the next three years, language has been added to the HOME agreement to cover these funds. Adding these funds to the HOME Interlocal cooperation agreement means two things: We avoid having to negotiate yet a third interlocal cooperation agreement, and we agree to treat the McKinney funds more like the HOME dollars than the CDBG dollars. That is, the interjurisdictional JRC will be the decision making body, allocating the funds on a regional or Consortium-wide basis. 220 4th AVE.SO. /KENT,WASHINGTON M32-5995/TELEPHONE (206)809-33001 FAX#859-3334 Y 1997-99 HOME ICA August 20, 1996 Page 2 The McKinney funds are not new funds coming into our region. These are funds that HUD has been allocating directly to providers in our region and until recently with very little input from the Consortium. That is changing and the JRC has now adopted the major portions of the Homeless Continuum of Care plan, which is the HUD mandated document guiding the use of McKinney funds in the King County Consortium. Recommended Action Staff recommends that the Planning Committee take the following action: 1. Recommend approval of the 1997-1999 HOME Interlocal Cooperation Agreement. 2. Forward this item to the full City Council for consideration at its September 3, 1996, with a recommendation that the Mayor be authorized to sign the 1997-1999 HOME Interlocal Cooperation Agreement. LH/mp:a:homeica.agr Attachments jfta:%home.wpd 1997-1999 HOME INVESTMENT PARTNERSHIPS PROGRAM INTERLOCAL COOPERATION AGREEMENT THIS AGREEMENT is entered into between King County, as an urban county pursuant to 24 CFR Subpart 92.101 and Subpart 570.3, hereinafter referred to as the "County," and the City of Kent hereinafter referred to as the "City," said parties to the Agreement each being a unit of general local government of the State of Washington. RECITALS WHEREAS, a unit of general local government that is included in an urban county may be part of a consortium, only through the urban county; and WHEREAS, a metropolitan city or an urban county may be part of a consortium; and WHEREAS, the City of Kent and King County agree that it is mutually desirable and beneficial to enter into a consortium arrangement pursuant to and authorized by 24 CFR Part 92 and 42 USC § 12746 for purposes of the HOME Investment Partnerships Program, hereinafter referred to as "HOME Program"; NOW, THEREFORE, IN CONSIDERATION OF THE FOREGOING CIRCUMSTANCES AND IN CONSIDERATION OF THE MUTUAL PROMISES CONTAINED HEREIN, IT IS AGREED THAT: 1. This Agreement is made pursuant to the National Affordable Housing Act of 1990, as amended, 42 USC § 12701 et. seq. (the "Act") and RCW 39.34, the Intergovernmental Cooperation Act. 2. The City and the County agree to cooperate to undertake or assist in undertaking HOME Program housing assistance activities which are eligible under 24 CFR Part 92. 3. The County is hereby authorized to act as the representative member on behalf of the Consortium for the purposes of the HOME Program. The County agrees to assume overall responsibility for ensuring that the Consortium's HOME Program is carried out in compliance with federal requirements and the housing objectives of the City and the County as adopted in the Consolidated Housing and Community Development Plan (Consolidated H&CD Plan). The City agrees to cooperate fully with the County in the development and preparation of the Consolidated H&CD Plan, and to prepare and provide those elements specifically pertaining to the City. 4. phis Agreement shall remain in full force and effect for the period necessary to plan and carry out all activities that will be funded from HOME funds awarded for the 1997, 1998, 1999 federal fiscal years, which period coincides with the Agreement for the Distribution and Administration of Commu- nity Development Block Grant, or until the County's designation as a partici- pating HOME jurisdiction is rescinded by the United States Department of Housing and Urban Development, or until such time as the County no longer qualifies as an urban county, whichever is shorter. 5. During the term of this Agreement; neither the County nor the City may withdraw from participation from their respective obligations under this Agreement. 6. By executing the HOME Agreement, the City understands that it may not participate in a HOME consortium except through the urban county, regardless of whether the urban county receives a HOME formula allocation. . 1 7. This Agreement shall be executed in three counterparts, each of which shall be deemed an original, by the chief executive officers of the County and the City, pursuant to the authority granted them by their respective governing bodies. One of the signed counterparts, accompanied by copies of the authorizing resolutions from the County and the City, shall be filed by the County with the Region X office of HUD. A copy shall be filed with the Secretary of State and the Clerk of the King County Council, the County Auditor, and the City pursuant to RCW 39.34.040. B. The County and the City both hereby agree to affirmatively further fair housing. 9. Joint Recommendations Committee Composition. The Committee shall be composed of four County Department Directors or their designees: the Director of the Department of Development and Environmental Services, the Director of the Department of Community and Human Services, the Director of the Office of Budget and Strategic Planning, and the Director of the Seattle-King County Public Health Department. Department Director designees shall be specified in writing and should, where possible, be the same person consistently from meeting to meeting. Five participating city representatives and their al- ternates will include city planning directors or comparable level staff, or elected officials. Two city representatives and their alternates will be from the north/east region of the County and two city representatives and their alternates will be from the south region of the County. An additional revolving position on this Committee shall be rotated between the HOME-only Cities of Auburn and Bellevue. The revolving position will be non-voting, except on issues related to the King County HOME Consortium and other federal housing-related funds (excluding Community Development Block Grant). 10. Appointments. The Suburban Cities Association will select ten different jurisdictions, five to serve as members and five as alternates, who in turn, will assign representatives to this Committee. Terms of office shall be for two years. Priority for one of the positions will be for a small city representative. The revolving position will be appointed annually by the respective jurisdiction. Members of the Committee shall serve at the pleasure of their respective appointing authorities. 11. The Joint Recommendations Committee will adopt HOME program policies, consistent with the Consolidated H&CD Plan, developed by the City and County staff working group. The Joint Recommendations Committee will approve funding decisions. All funding decisions must be in accord with adopted policies. Once the policies are adopted, the City, as a representative member of the Consortium, shall also have the right to comment on any program changes prior to their implementation by the County. 12. The chairperson and vice-chairperson of the Joint Recommendations Committee shall be chosen from among the members of the 'Committee by a ma- jority vote of the members for a term of one year beginning the first meeting of the calendar year. Attendance of five members will constitute a quorum. 13. The City shall participate jointly with the County in the development of the Consortium's HOME Program by participating in development of a HOME Program strategy sufficient to accommodate both the collective and individual housing objectives contained within local comprehensive plans or other adopted plans of both the City and the County. 14. Federal HOME funds, allocated to the Consortium, shall be used to fund housing assistance activities that are the subject of this Agreement. The City and the County shall cooperate in the establishment of budgets for separate HOME activities. The County intends to enter into contractual agree- ments with any city, nonprofit organization, or other entity that it selects to implement HOME activities. The County's administrative costs will be paid from the HOME grant, after review and approval by the Joint Recommendations Committee. 2 15. This agreement applies to the Consortium's acceptance of other federal housing-related funds which may be block granted to the Consortium. Allocation decisions for these funds will be subject to policies and proce- dures developed by the City and County staff working group and adopted by the Joint Recommendations Committee. This Agreement is legally binding and valid upon signature of all parties. CITY OF KENT KING COUNTY Jim White, Mayor Gary Locke, County Executive Date: Date: h603m 7/l5/96 3 CITY OF JCS ,-.SV Jim White, Mayor L27a11��' Planning Department (206)859-3390/FAX(206)850-2544 James P. Harris,Planning Director MEMORANDUM August 20, 1996 MEMO TO: LEONA ORR, CHAIR, AND CITY COUNCIL PLANNING COMMITTEE MEMBERS FROM: LIN HOUSTON,HUMAN SERVICES MANAGER SUBJECT: 1997-1999 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) INTERLOCAL COOPERATION AGREEMENT (ICA) Back round The current, three year, Community Development Block Grant (CDBG) Interlocal Cooperative Agreement (ICA) expires at the end of 1996. It is necessary for the City to enter into a new three year Agreement for the years 1997-1999. (Copy is attached.) The agreement governs the City's participation in the Community Development Block Grant Consortium, the vehicle by which Kent obtains its federal Block Grant funds. Mayor White must sign this agreement in order for the City of Kent to participate as a partner in the King County CDBG Consortium, and to be eligible to receive federal Community Development Block Grant funds. The new ICA includes only two major changes from the current agreement. Staff has spent considerable time working with King County and other Consortium member cities on this new ICA and negotiating wording that it feels is most beneficial to the City. We are confident that the new ICA establishes an equitable process for fund distribution and involvement of all Consortium members. The major changes in the 1997 - 1999 CDBG ICA are: 1. In order to prevent loss of dollars to the Consortium as a whole, language has been added to clarify and explicitly state that it is the responsibility of Pass-through cities to adopt strategies and allocate funds in a timely manner. Furthermore, it has been made an explicit responsibility of the interjurisdictional Joint Recommendations Committee (JRC) to recommend sanctions for cities which do not meet their responsibilities. 220 4th AVE.SO.. I KENT,WASHINGTON 99032-5895/TELEPHONE (206)859-3300/FAX#959-3334 1997-1997 CDBG ICA August 20, 1996 Page 2 2. In order to hip address the need to administer regional CDBG economic development programs and other capital projects,there is new guidance on the Consortium's use of interest income from Community Development Interim Loans (CDIL) and loans guaranteed under the Section 108 Program. Rather than this interest income being distributed back to local jurisdictions, (after the costs of administering the CDIL\108 loan programs are taken out), the funds would instead be used for regional capital projects or programs, including economic development programs, as reviewed and recommended by the JRC. The immediate impacts of this change on local jurisdictions will be negligible (in the past few years only about $12,500 in interest income has been available for distribution back to the Pass-through cities and $12,500 to the County and Small Cities Fund), but there is potential for more interest income in the future. Recommended Action Staff recommends that the Planning Committee take the following action: 1. Recommend approval of the 1997 - 1999 Community Development Block Grant Interlocal Cooperation Agreement. 2. Forward this item to the full City Council for consideration at its September 3, 1996 meeting, with a recommendation that the Mayor be authorized to sign the 1997 - 1999 CDBG Interlocal Cooperative Agreement. LH/mp:a:cdbgica.agr Attachments 1997-1999 COMMUNITY DEVELOPMENT BLOCK GRANT INTERLOCAL COOPERATION AGREEMENT . THIS AGREEMENT, made this day of 1996 by and between King County and the City of Kent. WITNESSETH: WHEREAS, the federal government through adoption and administration of the Housing and Community Development Act of 1974, as amended (the "Act"), will make Community Development Block Grant ("CDBG"),• funds available to King County, for expenditure during the 1997-1999 funding years; and WHEREAS, the area encompassed by unincorporated King County and any par- ticipating cities, has been designated by the United States Department of Housing and Urban Development ("HUD"), as an urban county for the purpose of receiving CDBG funds; and WHEREAS, the Act directs HUD to distribute to each urban county the annual appropriation of CDBG funds based on the population characteristics of the urban county; and WHEREAS, the Act allows joint participation of units of general govern- ment within an urban county, and a distribution of CDBG funds to such govern- mental units; and WHEREAS, the CDBG Regulations require the acceptance of the consolidated housing and community development plan ("Consolidated H&CD Plan") by partici- pating jurisdictions; and WHEREAS, King County will undertake CDBG-funded activities in partici- pating incorporated jurisdictions as specified in the Consolidated H&CD Plan by granting funds to those jurisdictions to carry out such activities; and WHEREAS, King County is responsible to the federal government for all activities undertaken with CDBG funds and will ensure that all CDBG assurances and certifications King County is required to submit to HUD with the annual Action Plan will be met; and WHEREAS, King County and the participating jurisdictions are committed to targeting CDBG funds to ensure benefit to low- and moderate-income persons as defined by HUD; and WHEREAS, King County and its consortium members recognize that the needs of low- and moderate-income persons may cross jurisdictional boundaries and can therefore be considered regional needs; and WHEREAS, King County and the participating jurisdictions must submit an Annual Action Plan to HUD which is a requirement to receive CDBG funds; and WHEREAS, the purpose of this Interlocal Cooperation Agreement, which is entered into pursuant to and in accordance with.the State Interlocal Cooperation Act, RCW Chap. 39.34, is to form an urban county consortium, ("Consortium"), for planning the distribution and administration of CDBG and other federal funds received on behalf of the Consortium from HUD, and for execution of activities in accordance with and under authority of the Act; NOW, THEREFORE, IN CONSIDERATION OF THE FOREGOING CIRCUMSTANCES AND IN CONSIDERATION OF THE MUTUAL PROMISES CONTAINED HEREIN, IT IS AGREED THAT: I. GENERAL AGREEMENT King County and each participating jurisdiction agree to cooperate to undertake, or assist in undertaking, community renewal and lower income housing assistance activities, specifically urban renewal and publicly assisted housing, funded from annual CDBG funds from federal Fiscal Years' 1997, 1998 and 1999 appropriations, from recaptured funds allo- cated in those years, and from any program income generated from the expenditure of such funds. II. GENERAL DISTRIBUTION OF FUNDS The distribution within the County of CDBG Funds under Title I of the Act shall be governed by the following provisions, exclusive of the Cities of Auburn, Bellevue, and Seattle. A. The amount needed for administration of the Consortium's CDBG and other federal programs which benefit the Consortium shall be .reserved by the County. This amount, hereinafter referred to as the adminis- trative setaside, is contingent upon review by the Joint Recommenda- tions Committee ("the Committee"), as provided in Section VIII(B)(1), and approval by the Metropolitan King County Council, as provided by Sections XI(A) and XI(B). B. In addition to the administrative setaside referred to in Section II(A), each year 26% of the public service funds available (approximately $300,000 based on an entitlement of $6.85 million and program income of $800,000) will be subtracted from the entitlement and reserved for public service activities in support of the afford- able housing requirements under the implementation of the state Growth Management Act (RCW Chapter 36.70A). This public service setaside will be administered by the County with input from a working group of the participating cities and county staff. This public service setaside will be subject to the same percentage of decrease as the annual public service funds if there are any reductions during the year. C. Of the grant amount remaining after the setasides referred to in Sections II(A) and II(B) ("the Adjusted Grant Amount"), any city which is a participant in this Agreement may be eligible to receive a direct pass-through share ("the pass-through"), provided that: 1. The city's share of the Adjusted Grant Amount equals $50,000 or more based upon the city's percentage of the Consortium's low- and moderate-income persons, as defined by HUD; 2. The city may receive planning dollars from the County and Small Cities Fund (defined in Section II below) the year prior to accepting a Pass-through, the amount to be based on their percent- age of the Consortium's low- and moderate-income persons, as defined by HUD; 3. The city develops a strategic plan in accordance with Consolidated H&CD Plan requirements; 4. The city council adopts the strategic plan, for the period covered by the Consolidated H&CD Plan, which includes specific activities the city will undertake with the pass-through funds and submits the plan to the County by the end of September; 5. If the strategic plan meets HUD requirements, the city will be offered Pass-through City status beginning the next January 1; 6. In the program year it becomes a Pass-through City, the city may elect to allocate all their funds or to allocate only their public services or capital funds, depending on which strategies they have adopted to date and if a process for allocating those funds is in place. In any case, the city will continue to receive its planning allocation; and 2 7. The participating city agrees to abide by Consortium requirements to receive a pass-through of CDBG funds or their ability to receive a pass-through will be revoked. The responsibilities of these pass-through jurisdictions are defined in Section X. Participating cities may elect not to receive a direct pass- through but may compete for County and Small Cities Funds, as defined in Section II(D), below. D. The funds remaining in the Adjusted Grant Amount after the distribu- tion of the pass-through funds referred to in Section II(C) shall be referred to as the County and Small Cities Fund, and shall be allo- cated on a competitive basis to projects serving the cities not qual- ifying to receive or not electing to receive a pass-through, and/or projects serving the unincorporated areas of the county. E. If the monies assigned to a project during the period of this Agree- ment exceed the actual cost of the project, or if the project is later reduced or canceled, then the excess monies or recaptured funds, will be recaptured by the County and will be redistributed as follows: 1. Administrative setaside funds, as defined in Section II(A) and public service setaside as defined in Section II(B) which are recaptured shall be returned to the Consortium and be distributed to the Pass-through Cities and County and Small Cities Funds based on their percentage of the Consortium's low- and moderate-income persons, as defined by HUD. 2. Funds recaptured from a project funded through a city's pass- through fund, as defined in Section II(E), shall be returned to the city's pass-through fund, unless the city no longer qualifies for a pass-through as provided in Section II(C)(3), in which case the funds shall be returned to the County and Small Cities Fund. 3. Funds recaptured from a project funded through the County and Small Cities Fund, as defined in Section II(D), shall be returned to the County and Small Cities Fund. F. Unallocated or recaptured funds from 1987 and prior years (e.g., unallocated or recaptured "Population," "Needs," or "Joint" funds) shall be returned to the Consortium and be distributed to the Pass- through Cities and the County and Small Cities Funds based on their percentage of the Consortium's low- and moderate-income persons, as defined by HUD. G. Funds received by a jurisdiction or CDBG subrecipient generated from the use of CDBG funds, hereinafter referred to as program income, shall be returned to the fund which generated the program income as follows, unless an exception is specifically recommended by the Committee and approved by the Metropolitan King County Council: 1. That portion of the program income which is interest or fee income generated through Community Development Interim Loan (CDIL) and Section 108 loan guarantee projects (as provided in Section 108 of the Act), both of which use all or a portion of the Consortium's total available CDBG funds, shall be returned to the Consortium. The funds shall be used for the direct costs (e.g., staff, attor- ney, and bank fees, advertising costs, contract compliance costs), necessary for the marketing, negotiation, and implementation of the interim loan and 108 loan activities, and for other Consor- tium-wide or subregional capital projects or programs, including other Consortium-wide economic development projects or programs. Use of the funds shall be recommended by the Committee each year after review by an inter-jurisdictional staff group. 2. Program income generated from a project (including housing repair) funded through a city's pass-through fund, as defined in Section II(C), shall be returned to the city's pass-through fund, unless the city no longer qualifies for a pass-through as provided in Section II(C)(3), in which case the program income shall be returned to the County and Small Cities Fund. 3. Program income generated from a project (including housing repair) funded through the County and Small Cities Fund, as defined in 3 Section II(D), shall be returned to the County and Small Cities Fund. 4. Program income generated from projects funded in 1987 (except for housing repair) and prior years shall be returned to the Consor- tium and be distributed to the Pass-through Cities and the County and Small Cities Funds according to their share of the Consor- tium's low- and moderate-income persons, as defined by HUD. Housing repair program income shall return to the housing repair program. III. USE OF FUNDS: GENERAL PROVISIONS A. The County and each of the Pass-through Cities shall specify activi- ties and projects which it will undertake with the funds described in Section II above. B. The County and each of the Pass-through Cities shall ensure that CDBG funds are targeted to activities which can document predominant (51%). benefit. to low- and moderate-income people and that the overall program meets or exceeds HUD's requirements for the percentage of funds spent to benefit low- and moderate-income persons in King County. C. Pass-through Cities may exchange their CDBG funds with other Pass- through Cities for general revenue funds. The use.of general revenue funds obtained by a Pass-through City in this manner shall be consis- tent with the general intent of the community development program, but shall not be considered CDBG program income. D. The County and each of the Pass-through Cities shall conduct the appropriate citizen participation activities as required by HUD regu- lations. E. Approval of projects must be secured through formal grant applica- tions (proposals) to King County; approval of activities shall be secured when the annual program is approved or amended. F.. General administrative costs incurred by Pass-through Cities shall be paid for out of the pass-through or from local funds. Costs incurred in administering specific projects may be included in project costs. IV. USE OF ADMINISTRATION FUNDS A. A Pass-through City may reserve a portion of its entitlement share to cover administrative costs of its local CDBG Program or to fund plan- ning projects, however, this amount must be reserved by spring of each year and will be based upon the city's proportion of law- and moderate-income persons, as defined by HUD. B. In addition to the responsibilities outlined in Section X., Pass- through Cities may use additional pass-through funds to cover part of their administrative costs if: 1. Planning ceiling (the maximum amount allowed by HUD for planning and administration activities which cannot exceed 20% of the annual entitlement plus program income) is available; 2. The city runs a competitive process for the distribution of the CDBG funds; and 3. City staff participate in Consortium-wide planning processes such as development of the Consolidated H&CD Plan and the HOME Consor- tium Working Group. C. Requests from Pass-through Cities to use the balance of planning ceiling, if available, to cover additional administrative costs will take priority over requests for planning projects. D. Pass-through City staff who are supported with administrative funds. would also be expected to assist in preparing and/or presenting information to the Committee. 4 V. USE OF PUBLIC SERVICE FUNDS A Pass-through City may reserve a portion of its entitlement share to cover public service activities, however, the amount must be reserved by spring of each year and will be based upon the city's proportion of low- and moderate-income persons, as defined by HUD. VI. PROGRAM INCOME A. The participating jurisdiction must inform King County of any income generated by the expenditure of CDBG funds received by the partici- pating jurisdiction. B. Any such program income is subject to requirements set forth in Section II(G) of this Agreement. C. Any program income the participating jurisdiction is authorized to retain may only be used for eligible activities in accordance with all applicable CDBG requirements. D. King County has the responsibility for monitoring and reporting to HUD on the use of any such program income and thereby requires appro- priate recordkeeping and reporting by the participating jurisdiction as stated in the signed certification to receive "Pass-through City" status and in each city's contract to receive CDBG planning and administration funds. E. In the event of close-out or change in status of the participating jurisdiction any program income that is on hand or received subse- quent to the close-out or change in status shall be paid to King County Consortium. VII. REAL PROPERTY A. Participating jurisdictions owning community facilities acquired or improved in whole or in part with CDBG funds must comply with change of use restrictions as required by HUD and the policies adopted by the Committee as found in the Consolidated H&CD Plan. B. The participating jurisdiction must notify King County prior to any modification or change in the use of real property acquired or improved in whole or in part with CDBG funds. This includes any modification or change in use from that planned at the time of the acquisition or improvement, including disposition. C. The jurisdiction shall reimburse King County in an amount equal to the current fair market value (less any portion thereof attributable to expenditures of non-CDBG funds) of property acquired or improved with CDBG funds that is sold or transferred for a use which does not qualify under the CDBG regulations. D. Program income generated from the disposition or transfer of property prior'to or subsequent to the close-out, change of status, or termi- nation of the cooperation agreement between the county and the participating jurisdiction shall be subject to the requirements set forth in Section II(G) and Section VI. VIII. JOINT RECOMMENDATIONS COMMITTEE A Joint Recommendations Committee shall be established. A. Composition. The Committee shall be composed of four. County Depart- ment Directors or their designees: the Director of the Department of Development and Environmental Services, the Director of the Depart- ment of Community and Human Services, the Director of the Office of Budget and Strategic Planning, and the Director of the Seattle-King County Public Health Department. Department Director designees shall be specified in writing and should, where possible, be the same person consistently from meeting to meeting. Five participating city 5 representatives and their alternates will include city planning directors or comparable level staff, or elected officials. Two city representatives and their alternates will be from the north/east region of the County and two city representatives and their alter- nates will be from the south region of the County. An additional revolving position on this Committee shall be rotated between the HOME-only shall be established. Cities of Auburn and Bellevue. The revolving position will be non-voting, except on issues related to the King County HOME Consortium and other federal housing-related funds (excluding CDBG). B. Appointments. The Suburban Cities Association will select ten different jurisdictions, five to serve as members and five as alter- nates, who in turn, will assign representatives to this Committee. Terms of office shall be for two years. Priority for one of the positions will be for a small city representative. The revolving position will be appointed annually by the respective jurisdiction. Members of the Committee shall serve at the pleasure of 'their respec- tive appointing authorities. The chairperson and vice-chairperson of the Committee shall be chosen from among the members of the Committee by a majority vote of the members for a term of one year beginning the first meeting of the calendar year. Attendance of five members will constitute a quorum. C. Powers and Duties. The Committee shall be empowered to: 1. Review and recommend to the King County Executive all policy matters on the Consortium's CDBG and HOME Program including the amount of administrative setaside, priorities governing the use of the public services setaside, and projects or programs to be funded with the program income from community development interim loans and Section 108 loan guarantees (as allowed in Section 108 of the Act). 2. Review, recommend, and endorse the Consolidated H&CD Plan required by HUD. The Consolidated H&CD Plan will be developed annually by the Consortium to meet the HUD requirement and will include Consortium-wide policies as well as local priorities governing CDBG-funded projects. 3. Review plan and program disagreements between the County and participating jurisdictions and offer recommendations to the King County Executive. 4. Review and recommend sanctions to be imposed on cities for failure to meet responsibilities as contained in Section X of this Agree- ment. Any recommended sanctions will ensure that the city's low- and moderate-income residents continue to benefit from CDBG funds. Sanctions will be imposed to prevent the King County Consortium from losing a share of its entitlement due to participating cities' inability to meet federal requirements. 5. Review and recommend projects for funding under the Section 108 loan guarantee program (as allowed in Section 108 of the Act). IX. RESPONSIBILITIES AND DUTIES OF THE KING COUNTY HOUSING AND COMMUNITY DEVELOPMENT PROGRAM STAFF Those King County Housing and Community Development Program Staff posi- tions which are funded through the administrative setaside, hereinafter referred to as the Staff, serve as staff to all Consortium partners and the Committee and provides liaison between the Consortium and HUD. A. Responsibilities to the Joint Recommendations Committee. The Staff shall: 1. Solicit and present to the Committee all applicable federal and County policy guidelines, special conditions, and formal require- ments related to the preparation of the Consolidated H&CD Plan, and related to administration of the programs under these plans.' 6 2. Prepare and present written materials required by HUD and the Metropolitan King County Council as components of the Consolidated H&CD plan to be prepared pursuant to this Agreement, including but not limited to: collection and analysis of data; identification of problems, needs and their locations; development of long and short term objectives; consideration of alternative strategies; and preparation of the administrative budget. 3. Prepare and present to the Committee policy evaluation reports or recommendations, and any other material deemed necessary by the Committee to help the Committee fulfill its powers and duties. 4. Collaborate with city staff working groups and present to the Committee specific sanctions to be imposed on cities which fail to meet their responsibilities as contained in Section X and as contained in specific annual agreements. B. Responsibilities to Jurisdictions Which are Parties to This Agreement. The County will develop strategic plans which will identify community development and housing needs and strategies to address high priority needs .in the balance of the County in accordance with the primary objectives and requirements of the Act. The Consolidated H&CD Plan, including the local program strategies will meet the HUD requirement for a Community Development Plan. The strategies outlined within the Consolidated H&CD Plan will be consistent with local comprehensive plans being developed under the Growth Management Act. The Staff shall: 1. Prepare and present to the King County Executive and Council mate- rial necessary for the approval of the County and Small Cities portion of the annual program. 2. Present to the Metropolitan King County Council the Consortium's annual program for adoption. 3. Administer the Consortium's. CDBG Program: • help to identify needs in communities; • provide assistance in interpreting HUD regulations; • provide technical assistance to cities as necessary to enable them to meet their responsibilities as partners to the Agreement; • assist in the development of viable CDBG proposals; • review all proposals for CDBG funding; • develop contracts for funded projects; • monitor subrecipient and city-funded projects; • monitor and enforce compliance with the federal wage and relo- cation requirements; • reimburse all eligible costs; • prepare and submit required•. documents and reports to HUD; and • provide oversight of the CDBG Consortium to ensure compliance with all federal requirements. 4. Upon request by a Pass-through City, staff will develop, admin- ister, and implement a city's CDBG-funded contract. Additionally, multi-jurisdictional projects funded by King County and/or one or more cities will be developed and implemented by Staff. 5. King County shall determine, with the advice of representatives from small cities, the use of the County and Small Cities Funds in a manner consistent with the Consolidated H&CD Plan including its local program strategies. 7 X. RESPONSIBILITIES AND POWERS OF PASS-THROUGH CITIES In order to receive a direct share of the entitlement, Pass-through Cities participating in this Agreement shall have the following respon- sibilities and powers: A. Pass-through City Councils shall adopt local strategies which will address community development and housing needs in coordination with the Consortium's timeline for consolidated planning effort and which will be consistent with local comprehensive plans being developed under the Growth Management Act. B. Notify the County of the citizen participation activities undertaken by local jurisdictions as well as any changes made by the jurisdic- tion to funded CDBG activities in a timely manner as referenced under Section III(D). C. Each Pass-through City shall exercise local discretion in determining the use of its pass-through funds in a manner consistent with the Consolidated H&CD Plan including the Pass-through City's local program strategies and in accordance with the Consortium's schedule for submission to HUD. D. City legislative bodies shall approve or disapprove via motion or resolution all CDBG activities; locations, and budgets submitted by Pass-through City staff. Notice of these actions are to be forwarded to the County in a timely manner. E. Pass-through City staff shall review all project proposals for consistency with federal threshold requirements and Consortium-wide and other federal requirements prior to submission to the County. F. Pass-through City staff shall assist in the development of the Consortium-wide Consolidated H&CD Plan which includes housing and other community development needs, resources, strategies, and adopted projects. G. Pass-through City staff shall implement CDBG-funded projects within the program year and submit both vouchers and required reports to the County in a complete and timely manner. H. Pass-through City staff shall participate in other Consortium-wide Planning activities such as HOME policy development and monitoring the Housing Stability Program. I. Pass-through City staff shall collaborate with County staff working group and present to the Committee specific sanctions to be imposed on cities which fail to meet their responsibilities as contained in this section and as contained in specific annual agreements. J. Each Pass-through City shall continue to adopt a local program strat- egy that commits the city to examining its role in recognizing and addressing regional or Consortium-wide needs through a coordinated funding approach with other jurisdictions and the County. The public services setaside referenced under Section II(B) is one effort in this direction. XI. RESPONSIBILITIES OF OTHER CONSORTIUM CITIES Other Consortium cities must apply for funds through the annual County and Small Cities application process. The Small Cities shall: . A. Coordinate with County Staff in identifying community development needs and strategies for addressing them. B. Prepare applications for CDBG funds to address local needs. C, Obtain city council authorization for proposed projects. D. Carry out funded projects in a timely manner. 8 XII. RESPONSIBILITIES OF ALL PARTICIPATING JURISDICTIONS A. Each participating jurisdiction shall fulfill to the County's satis- faction all relevant requirements of federal laws and regulations which apply to King County as applicant, including assurances and certifications described in Section XII(D). B. Jurisdictions participating under this Agreement have certified that they have adopted and are enforcing local policies which: 1. prohibit the use of excessive force by law enforcement agencies within its jurisdiction against any individuals engaged in non- violent civil rights demonstrations; and 2. enforce applicable State and local laws against physically barring entrance to or exit from a facility or location which is the subject of non-violent civil rights demonstrations within juris- dictions. C. Pursuant to 24 CFR 570.501(b), all participating units of local government are subject to the same requirements applicable to subre- cipients, excluding the County's Minority and Women Business Enter- prises requirements. The applicable requirements include, but are not limited to, a written agreement with the County which complies with 24 CFR 570.503 and includes provisions pertaining to the follow- ing items: statement of work; records and reports; program income; uniform administrative items; other program requirements; conditions for religious organizations; suspension and termination; and rever- sion of assets. D. All participating units of local government understand that they may not apply for grants under the federal Small Cities or State CDBG Programs which receive separate entitlements from HUD during the period of participation in this Agreement. Consortium cities which do not receive a direct pass-through of CDBG funds may apply for grants under the County and Small Cities Fund. XIII. RESPONSIBILITIES AND POWERS OF KING COUNTY ON BEHALF OF THE CONSORTIUM King County shall have the following responsibilities and powers: A. The King County Council shall have authority and responsibility for all policy matters, including the Consolidated H&CD Plan, upon review and recommendation by the Committee. B. The King County Council shall have authority and responsibility for all fund allocation matters, including the approval of the annual administrative setaside and the approval and adoption of the Consor- tium's annual CDBG Program. C. The King County Executive shall have the authority and responsibility to approve requested changes to the adopted annual CDBG Program in the following circumstances: 1. The requested change is to a Pass-through City's portion of the adopted annual program, and the change is requested by the legis- lative.body of the Pass-through City; or 2. The requested change is in the County and Small Cities portion of the adopted annual program, and it is limited to a change of project scope or change of project implementor in a specific project, and it is requested by the subrecipient, and the change is made in consultation with the Councilmember in whose district the project is located. D. The King County Executive, as administrator of this CDBG Program, shall have authority and responsibility for all administrative requirements for which the County is responsible to the federal government. E. The King County Executive shall have authority and responsibility for all fund control and disbursements. 9 F. Notwithstanding any other provision contained in this Agreement, the County as the applicant for CDBG funds has responsibility for and assumes all obligations as the applicant in the execution of this CDBG Program, including final responsibility for selecting activities and annually submitting Action Plans with HUD. . Nothing contained in this Agreement shall be construed as an abdication of those responsi- bilities and obligations. XIV. GENERAL TERMS A. This Agreement shall extend through the 1997, 1998 and 1999 program years, or, if the federal government should end King County's CDBG entitlement status before that time, through the completion of CDBG activities in the participating city. King County, as the official applicant, shall have the authority and responsibility to ensure that any property acquired or assisted with CDBG funds is disposed of or used in accordance with federal regulations. B. Pursuant to 24 CFR Part 570.307(d)(2), during the period of qualifi- cation (1997-1999) no included unit of general local government may withdraw from nor be removed from the urban county for HUD's grant computation purposes. . C. It is understood that by signing this Agreement the jurisdictions shall agree to comply with the policies and implementation of the Consolidated H&CD Plan. D. Parties to this Agreement must take all required actions necessary to assure compliance with King County's certification required by Section 104(b) of Title I of the Housing and Community Development Act of 1974, as amended, including Title VI of the Civil Rights Act of 1964, (Title III of the Civil Rights Act), the Fair Housing Act, Section 109 of Title I of the Housing and Community Development Act of 1974, as amended, the Americans with Disabilities Act of 1990, and other applicable laws. E. No CDBG funds shall be expended for activities in, or in support of any participating city that does not affirmatively further fair housing within its own jurisdiction or that impedes the County's actions. to comply with its fair housing certification. F. It is recognized that amendment of the provisions of this Agreement may become necessary, and such amendment shall take place when all parties have executed a written addendum to this Agreement. G. Calculations for determining the number'of low- and moderate-income persons residing in the County and cities shall be based upon offi- cial HUD approved 1990 Census data, and on the official annual esti- mates of populations of cities, towns and communities published by the State of Washington Office of Program Planning and Fiscal Management. H. Participating jurisdictions shall be considered to be those jurisdic- tions which have signed this Agreement. I. Jurisdictions undertaking activities and/or projects with CDBG funds distributed under this Agreement retain full civil and criminal liability as though these funds were locally generated. J. King County retains environmental review responsibility for purposes of fulfilling requirements of the National Environmental Policy Act, under which King County may require the local incorporated jurisdic- tion or contractor to furnish data, information, and assistance for King County's review and assessment in determining whether King County must prepare an Environmental Impact Statement. 10 K. Jurisdictions retain responsibility in fulfilling the requirements of the State Environmental Policy Act under which King County has review responsibility only. KING COUNTY, WASHINGTON PARTICIPATING JURISDICTION Gary Locke Jim White King County Executive Mayor, City of Kent Date Signed C158 (6/28/96) I1 CITY OFSV Jim White, Mayor Planning Department (206)859-3390/FAX(206) 850-2544 James P.Harris, Planning Director MEMORANDUM August 20, 1996 MEMO TO: LEONA ORR, CHAIR, AND CITY COUNCIL PLANNING COMMITTEE MEMBERS FROM: LIN HOUSTON,HUMAN SERVICES MANAGER SUBJECT: 1997-1999 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) INTERLOCAL COOPERATION AGREEMENT (ICA) Background The current, three year, Community Development Block Grant (CDBG) Interlocal Cooperative Agreement(ICA) expires at the end of 1996. It is necessary for the City to enter into a new three year Agreement for the years 1997-1999. (Copy is attached.) The agreement governs the City's participation in the Community Development Block Grant Consortium, the vehicle by which Kent obtains its federal Block Grant funds. Mayor White must sign this agreement in order for the City of Kent to participate as a partner in the King County CDBG Consortium, and to be eligible to receive federal Community Development Block Grant funds. The new ICA includes only two major changes from the current agreement. Staff has spent considerable time working with King County and other Consortium member cities on this new ICA and negotiating wording that it feels is most beneficial to the City. We are confident that the new ICA establishes an equitable process for fund distribution and involvement of all Consortium members. The major changes in the 1997 - 1999 CDBG ICA are: 1. In order to prevent loss of dollars to the Consortium as a whole, language has been added to clarify and explicitly state that it is the responsibility of Pass-through cities to adopt strategies and allocate funds in a timely manner. Furthermore, it has been made an explicit responsibility of the interjurisdictional Joint Recommendations Committee (JRC) to recommend sanctions for cities which do not meet their responsibilities. 220 4[h AVE.SO.. I KENT,WASHINGTON 98032-5895 1 TELEPHONE (206)859-33001 FAX#859-3334 1 1997-1997 CDBG ICA August 20, 1996 Page 2 2. In order to Wp address the need to administer regional CDBG economic development programs and other capital projects,there is new guidance on the Consortium's use of interest income from Community Development Interim Loans (CDIL) and loans guaranteed under the Section 108 Program. Rather than this interest income being distributed back to local jurisdictions, (after the costs of administering the CDIL1108 loan programs are taken out), the funds would instead be used for regional capital projects or programs, including economic development programs, as reviewed and recommended by the JRC. The immediate impacts of this change on local jurisdictions will be negligible (in the past few years only about $12,500 in interest income has been available for distribution back to the Pass-through cities and $12,500 to the County and Small Cities Fund), but there is potential for more interest income in the future. Recommended Action Staff recommends that the Planning Committee take the following action: 1. Recommend approval of the 1997 - 1999 Community Development Block Grant Interlocal Cooperation Agreement. 2. Forward this item to the full City Council for consideration at its September 3, 1996 meeting, with a recommendation that the Mayor be authorized to sign the 1997 - 1999 CDBG Interlocal Cooperative Agreement. LH/mp:a:cdbgica.agr Attachments CITY OF ;21ZSV Jim White, Mayor UFr�^^gEa CITY COUNCIL PLANNING COMMITTEE MINUTES July 16, 1996 Planning Committee Members City Attorneys Office Leona Orr, Chair Roger Lubovich Connie Epperly (standing in for Jon Johnson) Tom Brubaker Tim Clark, absent Planning Staff Jim Harris Margaret Porter Brian Swanberg Other Paul Mann (former City Council member) COMPARISON OF KENT'S JUNK AND JUNK VEHICLE REGULATIONS WITH FEDERAL WAY AND WASHINGTON STATE (J. Harris) Planning Director Jim Harris explained that Federal Way had recently revised their zoning code in order to get a better handle on junk. Mr. Harris reviewed the pertinent code sections from Washington state, Kent and Federal Way. He states that Kent's code is more comprehensive referring to section 8.01 as an example of Kent's detail. Mr. Harris indicated that the state has the ability to remove an "abandoned junk vehicle" after 15 days whereas Kent processes violations through the Hearing Examiner with an unspecific timeframe. Assistant City Attorney Tom Brubaker stated that the Kent's code was in compliance with the state's statutes at the time the code was written. However, the State has since relaxed the standard for defining a"junk vehicle." The state also eliminated the requirement that a vehicle had to be without a valid, current registration plate in order to be considered a "junk vehicle." Code Enforcement Officer Brian Swanberg explained the current process for identifying and enforcing the City's code involving "junk vehicles." Swanberg stated that Kent's code does not include a definition for"inoperable" vehicles. He also identified a need to add additional verbiage to Kent's code to address issues involving commercial vehicles parked in residential areas,residential tractor trailer parked in yards, and how long an inoperable vehicle can be stored. Comparison of Kent's Junk and Junk (vehicle Regulations with Federal Way and Washington State 220 4th AVE.SO.. I KENT.WASHINGTON 98032-589.5/TELEPHONE '206)859-3300/FAX#859-3334 City Council Planning Committee Minutes July 16, 1996 Page 2 Mr. Paul Mann(former City Council member) encouraged the Committee to consider this issue and recommend an amendment to bring Kent's code in compliance with the state regulations, as well as, consider the language used in the Federal Way Ordinance. Mr. Mann also voiced his concern regarding the clarity for the penalty invoked. Chair Leona Orr questioned whether the City had the ability to actually confiscate these vehicles if a problem arises. Swanberg explained that there could be an issue regarding inadequate staff to comply with a shorter resolution. Mr. Harris questioned whether this issue should be brought before the City Council Safety Committee. Ms. Orr indicated that she would bring this item to their attention at the next safety meeting. Mr. Brubaker stated that under the State law the City has the right to impose the cost of reclaiming the vehicle or towing the vehicle and storing or destroying it against either the registered owner or the private property land owner that the vehicle was discovered or removed from. He explained that this is not always possible when the violator doesn't have the means to pay. Chair Leona Orr requested that the planning staff get the appropriate departments involved in this issue and put together a proposal. She asked for the proposal to include recommended changes to the code, any budgetary figures for any costs that would be incurred, and any recommendation for additional staff to enforce the code changes. Harris pointed out that the subject would be brought back, at least for the begining of action, on the 20th of August. ADJOURNMENT The meeting was adjourned at 4:20 p.m. C:\USERS\DOC\PCOM\MINUTES\PCO0716.MIN Comparison of Kent's Junk and Junk Vehicle Regulations with Federal Way and Washington State DRAFT8/20/96 AFC' ORDINANCE NO. AN ORDINANCE of tb Kent, Washington, extending established by City Ordinance I 1 development standards in the N V WHEREAS on January 1 1996 the Cit. unincorporated King County lying east of the ex, the Meridian Annexation Area; and WHEREAS, three major tributaries to the Sot K 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 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, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: 2 SECTION 1. Soos Creek Drainage Basin Stream Buffers Adopted. The City's newly revised stream buffers within Soos Creek Basin are adopted as an overlay zoning requirement within the City's Meridian 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% C. Slopes fifteen (15) percent to twenty-five (25) percent 3 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. 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: 4 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 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 overla zone. 1. 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 qualms, 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 a 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. 7 2. Definitions. In the interpretation of the Soos Creek Basin Stream Buffers overlay zone regulations Kent City 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 meanings: 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 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. 8 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 escarQment 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. 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 9 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 purposes of understanding and documenting changes in natural ecosystems and features, and includes gathering 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 RCE. 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. Ordinar�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 long maintained in all ordinary years, as to mark upon the soil a character 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 10 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 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 alongthe he highest elevations at top of the slope, channel, or stream changes to a slope of less than 15 percent: 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. 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. 12 2_ The following buffers on each side of the ordinary high water mark are minimum requirements. 1 Class 1 Streams - 100 foot buffer. ii Class 2 Streams used by salmonids - 100 foot buffer. iiL Class 2 Streams - 50 foot buffer. iv L Class 3 Streams - 25 foot buffer. y) Ditches - 10 foot buffer. vi When the ordinary high water mark of any stream is within 25 feet of the toe of slopes greater to or equal than percent, but less than percent, the following minimum buffers shall be provided: Where the horizontal length of the slope includina 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. vii 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. 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 averaging. 13 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 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 utility corridors. 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. 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 plan 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 14 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: i - 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: iv 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 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. vi The applicant shall obtain an H P A or a written waiver therefrom, from the State Department of Fish and Wildlife for all crossings. 2. Construction of public and private trails may be allowed in stream buffers only upon adoption of administrative rules and pursuant to the following guidelines: 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. 15 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 agencies 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 veloci . iii There will be no interbasin transfer of water: iv I Performance standards as set out in the mitigation plan are vZ The relocation conforms to other applicable laws: vi 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 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 16 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 Livestock crossings of streams shall be limited to a single point no wider than 25 feet y— Livestock watering points shall be designed in such a manner as to minimize adverse impacts to the stream. yjL 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 17 j Livestock fencing shall be used to establish and maintain all buffers. ii Existing grazing and confinement areas shall maintain a fenced veaetative 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. vi 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 vViL 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 L Manure storage areas shall be managed as follows: l 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. 18 3� Manure shall be stored in a location that avoids having runoff from manure enter streams or wetlands. 4Z 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. 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 19 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. 9E. 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. 20 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 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. 5. Enforcemenbintetpretation. 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. 6. 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. 21 ,q y 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 JACOBER, CITY CLERK APPROVED AS TO FORM: ROGER A. LUBOVICH, CITY ATTORNEY PASSED day of 1996. APPROVED day of 1996. PUBLISHED day of 1996. 22 I hereby certify that this is a true copy of Ordinance No. , passed by the City Council of the City of Kent, Washington, and approved by the Mayor of the City of Kent as hereon indicated. (SEAL) BRENDA JACOB ER, CITY CLERK STREAM&ORD 23 City of Kent- Planning Department Y • 1 + Y "y • 1 1{ i 1 Y E • E E Y n • E E V� APPLICATION NAME: Soos Creek Drainage Basin Stream Buffers NUMBER: #ZCA 96-4 DATE: August 20, 1996 REQUEST: Zoning Code Amendment LEGEND Lakes EXHIBIT A Boos Basin Boundary mm� City Limits