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HomeMy WebLinkAboutCity Council Committees - Planning and Economic Development Committee - 07/09/2002 • KENT WA5 H 1 NGTON SPECIAL PLANNING COMMITTEE COMMUNITY DEVELOPMENT July 9, 2002 Fred N. Satterstrom,AICP Director - PLANNING SERVICES Charlene Anderson,AICP Manager The City Council Planning Committee will hold a special meeting in Council Mailing Address Chambers East, Kent City Hall, 220 4`n Avenue South, at 2:00 PM on Tuesday,July 220 Fourth Ave.S. 9, 2002. Kent,WA 98032-5895 Location Address 400 West Gowe Kent,WA 98032 Phone:253-856-5454 Committee Members: Leona Orr, Chair Judy Woods Bruce White Fax:253-856-645.4' Action Speaker Time 1. #CPA-2000-3 Agricultural Lands YES Gloria Gould-Wessen 60 min Amendment 2. Proposed Kent Station Planned YES Charlene Anderson 45 min Action Ordinance The Planning Committee meets the third Tuesday of each month at 3:00 PM in Chambers East, Kent City Hall, 220 4"' Ave. South, unless'otherwise noted. For agenda information please contact Jackie Bicknell at (253) 856-5712. ANY PERSON REQUIRING A DISABILITY ACCOMMODATION SHOULD CONTACT THE CITY CLERK'S OFFICE AT(253) 856-5725 IN ADVANCE. FOR TDD RELAY SERVICE CALL THE WASHINGTON TELECOMMUNICATIONS RELAY SERVICE AT 1-800-833-6388. JULY 39 2002 J E AGENDA COVER SHEET FOR THE 07/09/02 ANNI G COMMITTEE MEETING (2:00 PM) TITLE OF ITEM #1 #CPA-2000-3 AGRICULTURAL LANDS AMENDMENT ACTION ITEM: Staff will discuss the Agricultural Zoning and Land Use Plan Recommendations. BACKUP MATERIAL: Gloria Gould-Wessen's Staff Report dated July 3, 2002, w/attachments: "Agricultural Lands Study Maps - numbered as (Attachments I - 10)" and "Exhibit A listing Land Use & Planning Board and Staff's Recommendations. " PRESENTER: Gloria Gould-Wessen, Planner/GIS Coordinator TIME: 30 Minutes TITLE OF ITEM #2 PROPOSED KENT STATION PLANNED ACTION ORDINANCE ACTION ITEM: Staff will discuss Kent Station's Planned Action Ordinance BACKUP MATERIAL: Charlene Anderson's Staff Report dated July 3, 2002, w/attachments: "Planned Action Ordinance (PAO) and SEPA Mitigation Document (Exhibit A). 10 PRESENTER: Charlene Anderson, AICP, Planning Manager TIME: 30 Minutes 0 S:IPermitlPlanlPlanning CommitteeW20709pc-cvrsh1.doc ITEM#2 PLANNING COMMITTEE JULY 9, 2002 0 #CPA-2000=3 AGRICULTURAL LANDS AMENDMENT ACTION ITEM : Approve/Deny/Modify the Land Use and Planning Board's recommendation regarding Agricultural Lands and forward this to City Council. 0 COMMUNITY DEVELOPMENT Fred N. Satterstrom, Director PLANNING SERVICES Charlene Anderson,AICP, Manager Phone:253-856-5454 1�.i T Fax: 253-856-6454 KE Ir 1 Address: 220 Fourth Avenue S. WASHINGTON Kent,WA 98032-5895 July 3, 2002 TO: CHAIR LEONA ORR AND PLANNING COMMITTEE MEMBERS FROM: GLORIA GOULD-WESSEN, GIS COORDINATOR/PLANNER RE: AGRICULTURAL ZONING AND LAND USE PLAN RECOMMENDATIONS (#CPA-2000-3)(KIVA 42004535) JULY 9, 2002 MEETING INTRODUCTION On June 18, 2002, Council held a workshop on Agricultural Lands. Staff presented the terms used by the State of Washington in defining "agricultural land of long-term commercial significance" and a decision matrix rating the distinguishing characteristics based on the Growth Management Act and court cases. Staff also presented possible options for preservation or development of the study area. This memo provides a brief synopsis of Council discussion. Attached are map options considered by the Land Use& Planning Board("LU&PB") and a summary of Option B recommendations. DISCUSSION • Initially, Council discussion focused on the criteria for defining"long-term commercial significance" and how the market plays a critical role in determining commercial significance. There was lengthy discussion about the need to consider the availability of markets for agricultural products. Council had heard from farmers that the wholesale markets were moving to the southwest, making it nearly impossible to wholesale product here in the Puget Sound region. • Council expressed concern that if property owners participated in the preservation program their land would be held in perpetuity as agricultural, and the vagaries of the market might not support agricultural land uses in the future. • Personal choice and property rights were discussed concerning markets and the shift of farming toward large agribusiness and away from small family farms. • It was pointed out that development on the Class II soils was irreversible. • There was discussion concerning the LU&PB's proposed Agricultural General (AG) zoning district and new Agricultural Support land-use designation for the Southern Study Area. Staff explained that the AG zoning district was not an agricultural resource designation. • There was discussion on the Lower Green River Agricultural Production District, how it functions, how much land is being farmed, its relationship to the AG zoning district, and details concerning the Torrance property. h of the study areas and does not have to choose the The Council may choose different options in eac same option for the entire area. • There were comments and questions concerning the low-density options presented and the impacts of urban separator designation on property owners. 1 of 2 • Council inquired about the possibility of a low-density residential zoning designation(i.e., SR-I)with clustering, but without the Urban Separator land use designation. (Allowing clustering in areas other than Urban Separators may require a new public hearing to amend Kent City Code.) • Council discussed options for future requests for comprehensive plans and zoning amendments in the study area. • Discussion turned to the possibility of using a TDR program for the preservation of open-space. • It was pointed out that the City's wetland inventory is not a wetland designation. • The workshop concluded with the Legal Department highlighting that the Growth Management Hearing Board has applied a heightened scrutiny to a density designation below SR-4 within an urban growth area, and the need to select from the many options the LUPB had considered during the public process. OPTIONS CONSIDERED BY THE LAND USE & PLANNING BOARD Eight options were considered by the Land Use & Planning Board, and the Board recommended an amended Option B(See attached maps and table). A synopsis follows: • Designation of Agricultural Resource Lands(long-term commercial significance) • Option Ia: Preservation of Majority of Study Area w/PDR(A-20) • Option Ib: Preservation of Southern Study Area w/PDR (A-20). SR-1/Urban Separator for Northern&majority of Central areas(SR-1 for Golf Course) • Option 2: Preservation of Southern and majority of Central areas (A-20) using Nor-them area as TDR receiving area(NCC, SR-6,MR-M&MRT-16). Some SR-1 area. • Option 3: Preservation of Southern and portions of Northern & Central areas w/ both PDR and TDR (A-20). Portion of Northern area is TDR receiving area (NCC, SR-6 & MRT-16). Some SR-1. • Option 4: Preservation of Southern area and portions of Northern and Central areas w/both PDR and TDR (A-20). Proposes Midway Neighborhood as TDR receiving area (would require neighborhood planning). SR-1/Urban Separator in remaining portions of Northern area and a portion of Central area. Some SR-1 in Central area. • Option A: Preservation of majority of entire study area w/PDR (A-10). New Agricultural Support designation for Smith Brothers. SR-l/Urban Separator in portions of Northern and Central areas. • Option B: Preservation of portions of Northern, Central and Southern areas using portion of Northern area as TDR receiving area with Planned Unit Development ("PUD") requirement (A-10). SR-1/Urban Separator in portions of Northern and Central areas. New Agricultural Support designation for majority of Southern area. (LU&PB recommended A-1, not A-10, and a PDR as well as a TDR preservation program. The Board did not recommend a PUD.) • No Designation of Agricultural Resource Lands • Option C:New Agricultural Support designation for majority of Southern area. SR-l/Urban Separator for portions of Northern and Central areas. SR-3 for other portions of Northern and Central areas. Agricultural Resource Land(A-10)designation only for parcels already within King County PDR Program. Staff will be available at the July 9th committee meeting to answer questions or provide further information. CA\GW\pm S:Termit\PlanlCompPlanAmdments\2001\2004535-cpa2000-3PIanCommit070902.doc cc: Fred N.Satterstrom,AICP,Community Development Director Charlene Anderson,AICP,Planning Director Gloria Gould-wessen,GIs Coordinator/Planner Kim Adams Pratt,Assistant City Attorney File 2of2 EXHIBIT A LAND USE & PLANNING BOARD STAFF RECOMMENDATIONS RECOMMENDATIONS *Romprehensive Plan-Land Use Designation: Comprehensive Plan-Land Use Designation: Add the Land Use Designation Agricultural = Same as Land Use & Planning Board (LUPB) Support with the definition as follows: The recommendation. Agricultural Support designation is reserved for agriculturally related industrial and retail uses near areas designated for long-term agricultural use. Change the Land Use Designation from Same as Land Use & Planning Board (LUPB) Agricultural to Agricultural Resource Land with a - recommendation. change in the definition as follows: The Agricultural Resource Land designation is for land reserved for agricultural use. Single-family residential uses may be allowed, but at very low densities. Zoning Designation: Zoning Designation: No Change in zoning district A-1 Agricultural Change zoning district from A-1 Agricultural with a residential density 1 dwelling unit/acre. to A-10 Agricultural with a residential density of 1 dwelling unit110 acres. Agricultural Preservation Program: Agricultural Preservation Program: Establish a Transfer of Development Rights Establish a Transfer of Development Rights DR) and a Purchase of Development Rights (TDR) Preservation Program. DR) Preservation Program. City Code-Development Regulations: City Code-Development Regulations: Kent City Code (KCC) 15.03.010-Establishment Kent City Code (KCC) 15.03.010- & Designation of Districts: Establishment& Designation of Districts: AG —Agricultural General District AG—Agricultural General District: "The purpose of the AG zone is to provide Same as Land Use & Planning Board (LUPB) appropriate locations for agriculturally related recommendation. industrial and retail uses in or near areas designated for long-term agricultural use. Such areas may contain prime farmland soils which may be currently or potentially used for agricultural production." A-1 —Agricultural A-10—Agricultural No change in definition = Change A-1 Agricultural District to A-10 Agricultural District and no change in definition. KCC 15.04.020-Residential Land Uses: Remove the "C" (i.e. Conditional Uses) in the KCC 15.04.020-Residential Land Uses: land use category "Drive-in churches; welfare Same as Land Use & Planning Board (LUPB) facilities: Drive-in churches, retirement homes, - recommendation with the exception of A-10 convalescent homes and other welfare facilities Agricultural District rather than A-1 ehether privately or publicly operated, facilities Agricultural District. r rehabilitation or correction, etc." under A-1 Agricultural District. 1 LAND USE & PLANNING BOARD STAFF RECOMMENDATIONS RECOMMENDATIONS ity Code-Development Regulations (cont): City Code-Development Regulations (cont): CC 1 5.04.040-Manufactu ring Land Uses: KCC 15.04.040-Manufacturing Land Uses: Add a "P" (i.e. Principally Permitted Uses) in the = Same as Land Use & Planning Board (LUPB) "Manufacturing, processing, blending and recommendation. packaging of dairy products and byproducts" under AG —Agricultural General District. Add a "C" in "Warehousing and distribution Not recommended for approval. facilities" under AG—Agricultural General District with a note that states: Reuse or replacement of existing structures for non-agricultural uses, where it is shown that the existing structures are obsolete for agricultural use and unless they can be put to non-agricultural use will have no viable economic use. Any replacement structures must maintain or enhance the agricultural appearance of the property. Signs shall be limited to not more than one-hundred (100) square feet in area per business, and of that amount, freestanding signs shall not exceed forty (40) square feet in area. No increase in the area of existing impervious surface shall be allowed in connection with a non-agricultural use. 10CC 15.04.060-Transportation, Public and KCC 15.04.060-Transportation, Public and Utilities Land Uses: Utilities Land Uses: Remove the "C" in the land use category = Same as Land Use & Planning Board (LUPB) "Transportation and transit facilities" under AG recommendation with the exception of A-10 Agricultural General and A-1 Agricultural District. Agricultural rather than A-1 Agricultural District. KCC 15.04.070-Wholesale & Retail Land Uses: KCC 15.04.070-Wholesale & Retail Land Uses: Add land use category "Agriculturally related Add land use category "Agriculturally related retail' for AG district and add a "C" with a note retail' for AG district and add a "C" with a note that states: "Retail use must be for sale of that states: "Retail use must be for sale of agricultural or horticultural products, at least agricultural or horticultural products, with at 25% of the gross sales value of which are grown least 25% of the gross sales value in products within Washington State. Up to 50% of the grown within King County. Up to 25% of the gross sales value may be for seed, gardening gross sales area may be for seed, gardening equipment and products, private label foods, equipment and products, NW regionally and locally hand-made products. Any structures labeled foods, and locally hand-made must be designed to maintain or enhance the products. Any structures must be designed to agricultural appearance of the area". maintain or enhance the agricultural appearance of the area". 2 LAND USE & PLANNING BOARD STAFF RECOMMENDATIONS RECOMMENDATIONS W y Code-Development Regulations (cont): City Code-Development Regulations (cont): C 15.04.170-Agricultural & Residential Zone KCC 15.04.170-Agricultural & Residential Zone Development Standards: Development Standards: No change to the "Maximum density: dwelling Change the "Maximum density: dwelling units units per acre" underA-1 (1du/1acre). per acre" from A-1 to A-10 with a density of 1du/10 acres. No change to the "Minimum lot area: square Change the "Minimum lot area: square feet or feet or acres, as noted" under A-1. acres, as noted" from A-1 to A-10 with 10 acres minimum lot area. KCC 15.04.190-Commercial and industrial zone KCC 15.04.190-Commercial and industrial development standards: zone development standards: Add AG with the following development = Same as Land Use & Planning Board (LUPB) standards (see exhibit A for details). recommendation. Minimum lot area: 1 acre Maximum site coverage: 60% Front yard: see KCC 15.04.195— (5) Side yard: see KCC 15.04.195 — (12) Side yard on flanking street of corner lot: see KCC 15.04.195— (17) Rear yard: see KCC 15.04.195 —(20) Yards, transitional conditions: see KCC 15.04.195 — (23) ditional setbacks: see KCC 15.04.195— (29) ight limitation: 2 stry/35 ft and see KCC 15.04.195 — (35) Landscaping: see KCC 15.07 and see KCC 15.04.195 — (52) Outdoor storage: see KCC 15.04.195—(43) Signs: see KCC 15.06 (regulations for M1) Loading areas: see KCC 15.04.195—(47) & (48) Off-street parking: see KCC 15.05 and see KCC 15.04.195 — (58) Additional standards: see KCC 15.04.195 — (50), (53), (54), (55), and (56). KCC 15.04.170 Agricultural and residential zone KCC 15.04.170 Agricultural and residential development standards: zone development standards: Remove AG from Table. = Remove AG from Table. 3 LAND USE & PLANNING BOARD STAFF RECOMMENDATIONS RECOMMENDATIONS kis cellaneous Additions: Miscellaneous Additions: sallow industrial uses, transportation and All industrial uses (with the exception of transit terminals (trucking hub) and fuel farm agricultural processing), transportation and facilities in AG and A-1 zoning districts. transit terminals (trucking hub) and fuel farm facilities are presently disallowed in the AG Agricultural General District or as recommended for deletion in previous sections. Eliminate requirement for Planned Unit Use the Planned Unit Development (PUD) Development (PUD) in Transfer of Development process to manage development within the Rights (TDR) Receiving Area. Transfer of Development Rights (TDR) Receiving Area. Direct staff to broaden the proposed TDR TDR Preservation Program receiving area is Preservation Program to include additional located within the Northern Agricultural receiving areas and a variety of transferable Study Area and a small portion of land development standards. located to the west of the Northern Study Area. Not specified in LUPB recommendation but Include in public notice requirements of included in March 18a' staff memo to Board for Kent City Code the GMA requirement to March 251h Public Hearing. notify applicants and property owners located within 500' feet of designated Agricultural Resource Lands of the presence of agricultural activities. Not specified in LUPB recommendation but Remove from Option B the inclusion of included in staff memo to Board for March 25th Comprehensive Plan annual amendment Public Hearing. requests in the TDR program. S:\permit\Plan\CompPlanAmdments\2001\200453 5-CPA2000-3 Council WkShpTable l.doc 4 man NOMINEE -MAid Jim =MOM lip► ,, M Midway A,9=v lTDR f aim .-ll.eur..:11��wing ■ r 74 ILZ AdL i ] I t_ ,1Legend � 11 I I Zomba 010 WIN II rmndmipykimsScale V 1 "�.�KEWT 1.37MA i�,, 'r, J1 J 11 • � � . �, _��Ill�'`L � gin',■, 11111 /11 l�■E II i • . NOW _ '�■ ■�■,��■: • - IMW ■ Tim PIN w� .IIIGt. 9111/a w Pill MLIS _ ..yam- ...: ,_��� Ii . �� � „•�.�C r` „III �)l� ■■�� T �—=�■1��� ■��' � 1--- jai �I ��► Add As 4a �,�� ►=':III � -__ �I7II�I"TTT .' gg I Ai L ■��� Ill �Il ioii• Ina I milli WE I �nnm.,.�.� \� � •u. till I a. h ����; ice►,. h pow • - ,,� ►1 ' ' ►i1� .rr\1 l ma l RI will 1- _ t'-� !. .;'I�� Ili . v � .wv ����. ,■®�r.� ♦ ale . .. nun — aun. r AMEN ■� an i i �; ate: pSUIT- � IS on 0 � ` .o i�i mm �� �� No m i a a s f f � �_ IRS ��� !.�L Ifl■ ��� '� ' OR G .. ■o 3 _m ■�' �_ • 0i ME >M�a a aaaala]I ES Chan e to SR-1 I Urban Separator I I'l1 Al 1 Arm T■� I� ��' _ ._ _ . W . .mInkTt °- �dt�tl111� I ,�a • � • � �•• h�Ir •�-.•aulrna�csz�ra,i , rm �i� rIm 1 , �Iy1 \a%'•�.;IW����Ir(i I� '...� flfll111PAX ��1����- �* -1!� rrrl • - rr•r- .� AI • _ s ce o� . l- • O • • 1 �� ... 1.-� 1 ' rI • • ♦ is Ilnll, '� - _ um 1 .fir'.w �,� • a • ` Change to A-10 Option 6 Change to SR-1 with Discussion: TDR Receiving Overlay A-10/Agriculturel Resource Land:Designate as Agricultural Resource Land because of'prime farmland' Class II soils,epsting land use,historical zoning and land use designation.Change zoning to Agricultural-10. AWAgricultural Support:Create a land use designation called Agricultural Support for AG zoning district which is defined as supporting'agricuiturai production by allowing Change to A-10 agriculturally related industrial uses in or near areas I designated for long tens agricultural use. Chan a to A 10 SR-1/Single Family 1 Unit/Acre:Change to Single Family 1 Unit/Acre with a TDR Receiving Area Overlay (see below)because 1)no longer*prime farmland'soils TDR Receiving Overla due to human intervention or large un-drajned wetlands that have little regulatory possibility for recialmation; 2)lack of water rights for irrigation;and 3)conflicts with adjacent existing and proposed land-uses. SR-1/Urban Separators:Change to SR-1/Urban Separators because 1)environmeiNal,visual,recreational Change t0 SR-1/ and wildfire berierts;2)no longer•prime familare sal g due rmdrained wetlands that have little regulatory Urban Separator possibility for reciarmation;3)epsting land uses are storm water detention and golf course;and 4)need Change to A-10 to minimae impacts of iriaeased usage on Frager Roed that is designated"scenic&recreational•and adjacent to the Green River. SR-/Single Family 3 UnWAcm Designate land adjacent to A-10 as a TDR Receiving Area Overlay to inoreme Change to SR-1/ agricultural preservation programs capaciyy to absorb i Urban Separator 'marjkctvaue'ofAgrldulbirelResourcel-and. TDR Receiving Area Overta)r Density based on carrying D capacity of eAsting infrastruchure,market value of eligible resource land,and market viability of proposed density.Townhouses and clustering are recommended. TDR overlay requires a PUD. Change to A-10 Legend �"L4, City Limits { LJ Study Area ® IGng County PDR Program ® Urban Soil Classification <~ o M TDR Receiving Area Overlay Proposed Land Use Designations 44 Agricultural Resource Land �+ i Agricultural Support Chan a to AG Single Family 1 Unit/Acre V Urban Separator .mA t EAsting Single Family 3 Un1WAcre N C q k�l i • J i �ma = !` KENT � w.+ ,•ern. Planning Services Scale Fehrw 2002 1:126N ®� jT N e Land bemuse exi—as Agdaftral sting :use.historical zoning land use designation-Ghange zoning to AgrictitUral-10. AGIAgricultural Support Create a land use designation agriculturally related industrial uses in or near arm 10211aw-PFM designated for long term agricultural usee. - W '■ •,,•,, G �� r���I ut 111 1111 � / � '■ ��' \ • - • - li �1_, sill of _� 'f 1 � �� �� �� �'� ■ _ LMj 11w WAS JIM IBM ORO 1.11.11 ��[ � 11111 •I 111,/ --- - .: n Exhibit E LAND USE & PLANNING BOARD WORKSHOP July 9, 2001 TO: TERRY ZIMMERMAN, CHAIR AND MEMBERS OF THE LAND USE&PLANNING BOARD FROM: GLORIA GOULD-WESSEN, GIS COORDINATOR/PLANNER SUBJECT: DISCUSSION PAPER#4 #CPA-2000-3 (KIVA#2004535)AGRICULTURAL LANDS INTRODUCTION This discussion paper is a continuation from the Land Use and Planning Board's June 11"' meeting where staff provided in depth analysis of existing conditions of land use, infrastructure, and environmentally sensitive areas, including associated development regulations. For discussion purposes, staff explored possible development capacity within the agricultural study area and potential environmental impacts. This paper will examine in depth the preservation programs required by the State's Growth Management Act (GMA) for agricultural zoning within the Urban Growth Area (UGA). One preservation program is a Purchase of Development Rights ("PDR") and the other is a Transfer of Development Rights ("TDR"). Either one or both programs can be implemented for the purpose of ensuring that Kent's farmlands are preserved in perpetuity for agricultural production. PURCHASE OF DEVELOPMENT RIGHTS In the 1980's, the "Purchase of Development Rights" (PDR) was considered the ultimate tool for farmland preservation. Several states and a handful of innovative counties used PDR to preserve to date over 129 thousand acres of prime farmland. King County was one of the first to use this technique in the late 1970's, establishing a Farmland Preservation Program that has successfully preserved over 12,600 acres of Agricultural Capability Class II and III soils. King County's PDR program required passage of the Farmlands Bond Ballot Proposition for $50 million to purchase development rights from property owners interested in participating in the program. The mechanism is simple. Upon application by the property owner,the land is evaluated for its eligibility, as defined by the community, with the minimum criterion being soil type. The development rights are appraised for fair market value. The property title is encumbered with restrictive covenants that run with the land in perpetuity. Ownership of the resource remains in private hands, but all "Speculative Value" associated with the Is possibility of any future development is removed. Land Use and Planning Board Workshop July 9, 2001 Page 2 The primary limitations established by the restrictive covenants can be few and relatively simple. First and foremost, the land is restricted to only agricultural or open space uses. Typically there is no explicit requirement that the land be continually farmed nor are there limitations on the type of farming conducted. Beyond that, limitations can vary among communities and can range from limiting the number of dwelling units;restricting subdivisions based on acreage; restricting percentage of impervious surfaces; and so forth depending on community values. The adoption and implementation of a Purchase of Development Rights program at the local government level involves five basic issues: 1)What farmland should be protected? 2)What type of deed restrictions should be enacted? 3) How is the value of development rights assessed, and how is payment made? 4) How are the PDR program restrictions enforced? 5) How is the program funded? Each issue is discussed further below. • Criteria for Farmland Preservation: Not all parcels within Kent's agricultural zoning districts warrant preservation. This is due to their size and use as single-family residences, the destruction of prime agricultural soils, or the fact they are in public ownership and their use is not and would not be agricultural in nature. The following is a list of criteria to determine eligibility for a preservation program: 1. Size of Parcel: Is the parcel of a sufficient size to maintain commercial agricultural operations? 2. Quality of Farmland: What are the soil characteristics? M3. Critical Mass: How important is the parcel to the integrity of the local agricultural industry? Restrictive Covenants: The main reason to establish restrictive covenants is to maintain agricultural or open space uses. To ensure the soils are not compromised by excessive development through subdivisions or construction,the jurisdiction typically applies additional restrictions to the covenants. The following list covers restrictions found in other farmland preservation programs throughout the county: 1. Dwelling Units: The number of dwelling units is limited to a minimum acreage (e.g., 10 acres); 2. Subdivisions: The creation of new parcels is limited to a size deemed reasonable for local fanning practices (e.g. 10 acres); 3. Development: The amount of development on the land is limited to ensure that structures (e.g., large chicken pens, barns, storage buildings, etc.) do not dominate the acreage (e.g., 95% of the land surface remains open and available for production); and 4. Extraction: The removal of topsoil (A-Horizon soil column) or the mining of minerals is restricted. Development Rights Valuation and Payment: The valuation of development rights is one of the trickiest issues PDR programs have to address. The key to success of a PDR program is that it is seen as fair to both farmers and general taxpayers. A • professional appraiser determines the value of development rights. Some jurisdictions allow the landowner to have the appraisal done; in others, the jurisdiction pays for it. The instructions given to appraisers are critical to producing results that are consistent with the expectations of both landowners Land Use and Planning Board Workshop July 9,2001 Page 3 • and the program administrators. If more than one appraisal is done, one of them can be selected or they can be averaged. Once a value is established, the ultimate price may be set by negotiation. The usual approach to appraising development rights is to determine the fair market value without PDR restrictions(i.e. "before value"), using comparable sales, and then to subtract from that figure the market value of the property when restricted to agricultural use (i.e. "after value"). The "after value" may be derived from sales of parcels already subject to PDR restrictions or by capitalizing farm rent of similar land and appraising the agricultural value of crops that are or could be raised. The difference between the "before" and the"after"values is the value of the development rights being relinquished. This works well for large acreage with restrictive zoning(e.g., 1 dwelling unit/35 acres). An alternative to individual appraisals is to use the existing zoning to determine the fair market value. In the case of Kent's A-1 zoning district, the land use allows one dwelling unit per acre. Once a fair market value for a developable one-acre parcel is determined, it can be applied easily. This technique,however, does not take into account the potential development restrictions from local and federal regulations of environmentally sensitive areas and fisheries habitat,which should be included. Payment to property owners for their development rights is usually in a single lump sum. Some agreements, however, permit installment payments over a period of time. This method of payment allows the property owner to postpone the capital gains taxes that typically are part of sales of development rights. • Enforcement: Purchasing development rights alone will not preserve farmland. The first and most important step is to record the deed with the PDR restrictions. This will ensure that all future property owners know of the restrictive covenants. The other mechanism to ensure the preservation of the farmland is to establish a monitoring program so that all deed restrictions are adhered to (e.g.,percent coverage in structures,etc.). For enforcement to be effective, the ability to cite violators and initiate legal action is essential. This requires periodic site visits by local program administrators or citizen committee members. Funding Options: There are numerous methods of funding PDR programs; many are particular to special legislation enacted by state or county governments. Some use funding from special taxing districts, open space districts, impact fees, councilmanic or general obligation bonds. The following briefly details the aforementioned funding options: 1. Special Taxing District: The District assesses fees to landowners, and it is those landowners who specifically and directly benefit from use of the fees; 2. Open Space District: It may be formed by a two-thirds vote of the electorate, and a percentage of the annual revenues support conservation easements; 3. Impact Fees: Local government assesses fees from developers to supply or pay for capital improvements ranging from infrastructure to schools, and recently they have been used for conservation easements or other agricultural support (e.g., marketing facilities, farming conservation demonstrations,trials of new production methods,etc.); • 4. Councilmanic Bond: These bonds typically are used to service outstanding debt, but they can be used for capital projects. This requires a majority vote of the Council; and Land Use and Planning Board Workshop July 9,2001 Page 4 • 5. General Obligation Bond: This is a popular method of financing large capital projects, and the bonds are issued with a two-thirds vote of the electorate. • Summary of PDR Program: If a community strongly supports the preservation of their agricultural lands and open space, purchasing development rights is a method that facilitates that goal. Once the funding and administrative mechanisms are in place,property owners of eligible farmlands who are interested in participating in this voluntary program will find the funds readily available. Prior to implementing a PDR program, the jurisdiction should undertake a "Funding Feasibility Study" to determine the potential fair market value of the lands to be preserved. Additionally, the jurisdiction should conduct a statistically valid survey of the community to determine the will of the electorate regarding support for a preservation program. The potential for success at the ballot box depends on what other competing bond issues are before the community, the general economic climate of the region, and the active participation of a citizen group willing to campaign for the bond ballot's success. TRANSFER OF DEVELOPMENT RIGHTS In the early 1970's,"Transfer of Development Rights" (TDR)was an innovative planning tool developed to address the failures of traditional land use methods in preventing the loss of historic landmarks, open space, and agricultural lands. Today there are numerous TDR programs that provide examples of what makes a program successful and what causes it to fail. This paper first will explain what a TDR program is through the language of the real estate marketplace. It then will examine two case studies that have been successful and discuss why they were successful. It will conclude with a summary of the essential elements for the creation of an effective TDR program. • TDR Concept: To understand the concept of TDR, one first must understand that property is more than just land. It is legally a "bundle of rights". Some properties carry with them possession of a bigger "bundle" than others. For instance, property in downtown Kent has a bigger "bundle of development rights" than property in a single-family neighborhood in Kent. The development potential of a"bundle"is limited by many factors, including zoning and land use restrictions, building code provisions, environmental laws, and other public policy restrictions, as well as general market forces of supply and demand. What is appealing about a TDR program is that one can redistribute the physical location of a property's "development rights". A TDR simply takes some of the content of the "bundle of rights" for one piece of property and transfers or relocates it to another piece of property. This typically is done by shifting the future development potential from one piece of property, called the "sending site", to another piece of property, called the "receiving site". A TDR program also utilizes the power of the private sector. The appeal of increasing density on a property by purchasing development rights from another property (i.e. farmland)is often cheaper than the purchase of additional land. The "bundle" of development rights can be very broad. Typically, housing units are transferred because they are easily identified and quantified. However, the "bundle" to be sold also needs to reflect the development market. For instance, the market may be "hot" for attached townhouses, which are presently not allowed in a particular residential zone due to zoning development and use standards. The market not only is ready to absorb dwelling units from the sending site, but also would benefit from a regulatory mechanism that would allow the attached townhouse construction. Another example of a regulatory benefit that could be part of a TDR receiving area is a Planned Action Ordinance. This is where the agency conducts a SEPA review complete with EIS, speeding up the timeline for a large-scale commercial/industrial development. Other administrative tools could be allowing private street Land Use and Planning Board Workshop July 9,2001 Page 5 standards within a receiving area, clustering housing, or in the case of commercial developments, allowing additional floor area through increased height, relaxing parking requirements, or simply ensuring a timely permit process. • Case Studies: Montgomery County, Maryland has a population of roughly 580,000 and a land area of 323,000 acres (King County has a population of 1,737,000). Post war urbanization was occurring at a rapid pace, yet one-third of its land area still was agricultural use. In 1973, in an effort to stem residential development in prime agricultural areas, a five-acre minimum lot-size was required. The new density,however, failed to prevent urban encroachment. During the 1970's, Montgomery County had lost 18 percent of its farmland. A task force was formed to explore methods of preserving the agricultural lands. The choices were downzoning, purchasing development rights, and establishing a TDR program. Montgomery County decided that downzoning would be unfair and purchase of lands would be too costly, so they settled on a TDR program. In 1980, the county approved and adopted the agricultural and open space preservation plan, designating an Agricultural Reserve of 110,000 acres, downzoning and classifying it as a Rural Density Transfer Zone. Planners determined that a farm needed at least 25 acres in order to operate profitably. They reduced the allowable development density from one dwelling unit per five acres to one unit per 25 acres. Property owners within the agricultural reserve were given the right to sell one development right for every five acres of farmland owned. In 1981, an initial receiving area was established for up to 3,000 development rights, large enough to receive transfers from 15,000 acres of Agricultural Reserve land. Fifty additional receiving areas have been identified since. With the purchase of development rights, developers in the receiving districts can increase the base density of building sites by varying amounts, depending on the zoning classification. For example, where the zoning district permits five units per acre, the TDR program allows an increase of two units per acre. Realtors list TDRs and earn a commission on transactions. Appraisers are using comparable sales of TDRs to value the rights. At present, about 21,725 acres have been protected through the program. An additional incentive to purchase TDRs is ensuring that receiving areas are developed to a sufficient density to sustain market demand for TDRs. This is accomplished by ensuring that density increases on the receiving parcels are at least two-thirds of the possible maximum density. For example, on a 20-acre site with base zoning permitting a total of 100 units and a density option of an additional 40 units, the developer must purchase at least 27 TDRs and construct at least 127 units (i.e. 100=(40 x .667)). The "County Development Rights Fund"was also established to act as buyer of last resort and to provide loan guarantees that used the value of development rights still attached to farmland as collateral. The fund was designed to "bank"TDRs, and then sell them at auction to the highest bidder. Loan guarantees are available for up to 75%percent of the market value of the farm for a term not to exceed five years. In their market,however, demand has been strong enough for the County not to have to use the funding. The program also has been a success because administratively they have incorporated the TDR approval process into the subdivision review and approval process. Another positive administrative aspect is that Montgomery County has full legislative control over both sending and receiving areas, so that developers do not have to cope with a multi-tiered review and approval process. Land Use and Planning Board Workshop July 9,2001 Page 6 The success of the Montgomery County TDR program has been due to several critical conditions of the program: 1. Sufficient restrictions on sending areas to give rise to TDR sales; 2. Designation of receiving sites with infrastructure capability and sufficient development demand to make additional density increases attractive to developers; 3. Recognition of the economic and financial conditions that underpin a TDR market and determine the value of TDRs to both sellers and buyers; 4. A TDR program design that is simple and understandable and that does not require complex approvals; and 5. Commitment to an educational effort to inform landowners, developers, realtors, and attorneys about the program. New Jersey Pinelands, locally known as the "Pine Barrens", encompasses a million acres between Philadelphia and Atlantic City. It crosses seven counties and all or parts of 52 municipalities. Ecologically significant areas include forest, bogs and marshes, and agricultural lands. Suburban and second-home development and the Atlantic City boom threatened the Pinelands ecosystem, prompting a regional approach to growth control and environmental protection. In 1978, federal legislation established the Pinelands National Reserve and authorized creation of a regional planning body that would be charged with developing a comprehensive management plan. New Jersey's governor responded by creating the Pinelands Planning Commission with interim responsibility for review and approval of development projects. Later, the state legislature passed the Pinelands Protection Act, endorsing the planning process and suggesting TDRs as a planning and growth control tool. The commission undertook a year-long study of the planning and growth control problems. They created a comprehensive management plan in late 1980 to restrict residential development through strict land-use controls. Municipalities and counties in the Pinelands were required to prepare local plans and revise land-use regulations to be consistent with the Pinelands Protection Act and the comprehensive plan. The Pinelands Development Credit (PDC) program is a key element of the comprehensive management plan. The PDCs are TDRs intended to redirect development from sensitive areas to areas that can better accommodate growth.' The program allows landowners in the most restricted areas to share in the benefits of increased land values in the receiving areas. The plan is the largest in scale and perhaps the most complicated TDR scheme ever implemented. Credits were calculated on 39-acre increments. Uplands or woodlands generally received one credit for each 39 acres, although some woodlands,needed to protect the watershed, received two credits per 39 acres. Wetlands were judged to have the least development potential and received 0.2 credits per 39 acres. A developer who buys a credit is entitled to build an additional four residential units in designated receiving areas. To determine the number of credits that would be created in the preservation area, planners and economists first evaluated the capacity of the receiving areas and established the maximum number of housing units that could be transferred to those areas through a density bonus. Wanting to ensure a healthy market for the credits and to create a development credit supply smaller than the potential use, a 2:1 ratio of density bonus capacity to available development credits was established. Planners then looked at relative land values,total supply of development credits, and preservation priorities established a Land Use and Planning Board Workshop July 9,2001 Page 7 by the legislation to allocate the number of development credits. PDCs are used for any type of residential development in approved receiving areas. After a slow start, the pace of PDC activity quickened and today some 19,233 acres are preserved across several jurisdictions. Further activity is being generated by a PDC bank established by Burlington County. The county issued $1.5 million in bonds to create the bank. The intent of the bank is to stimulate the private market and to serve as buyer of last resort in cases of hardship or to preserve agricultural uses. The "Bank" purchases and resells credits for $10,000 plus costs. The $10,000 price was established by calculating the value to a developer of one additional unit of housing. The exchange has had a significant effect on PDC bracket prices and has established the dominant price. Although relatively successful, the Pinelands Planning Commission staff concluded that the program would have been more effective if some the following elements had been incorporated: 6. Simplify the mathematics of the program. A TDR program is difficult enough to communicate to the public without awkward 39-acre units of measurement and single PDCs yielding four dwelling units; 7. Launch the program after achieving local zoning compliance. Unrealistic expectations of active trade in PDCs were raised when the commission announced the program. In reality, the framework was not in place, and developer uncertainty delayed the use of the rights; 8. Initiate a public education effort to "sell" the program. Any PDR program is complex, and landowners, developers, and realtors need information about the program to become interested in using it; and 9. Establish a Pinelands Development Credit Bank at the outset. In 1987, the State of New Jersey authorized a regional bank, nearly 10 years after the program started. The lack of a broker-bank hindered a more active trade in PDCs at the onset. Further, because the program crosses so many jurisdictions, establishing a PDC Bank supported by all municipalities early on would have given credibility to and fostered confidence in the entire program. • Designing an Effective TDR Program: The establishment of a Transfer of Development Rights (TDR)program does not in itself ensure success. Some programs have failed for lack of a clear definition of their purpose. Others were not designed to ensure the program would work. There are six essential steps in the creation of an effective TDR program: 1. Identify the players in the real estate marketplace affected by the TDR program and their economic motivation; 2. Identify potential receiving areas and thoroughly analyze the development opportunities and profits at various densities; 3. Identify and analyze potential sending sites, and balance environmental goals against economic realities; 4. Make a critical choice between a totally private TDR marketplace and a quasi-public market assisted by a TDR bank; Land Use and Planning Board Workshop July 9,2001 Page 8 5. Make the program and the ordinances implementing it simple and flexible; and 6. Ensure adequate promotion and facilitation of the program once it is initiated, and ensure that the program is designed to continue despite possible political changes. Identify Participants: Knowing the players in a TDR program makes for success. There are four essential parties to any TDR transaction: 1)the developer of the land in the receiving zone; 2)the owner of the protected property in the sending zone; 3) the units of local government with planning, zoning, and property taxing authority; and 4)the mortgage lenders in both the protected zone and the receiving area. Developers constantly are hunting for opportunities and comparing the cost and profit in one community to those in another. They are extremely conscious of the effect of zoning ordinances, subdivision standards, and building codes on the cost of housing and the type of housing that can be produced. If the residential zoning in a jurisdiction is keeping out the type of housing that is in demand by the marketplace, then developers go elsewhere. A similar consideration may apply to downtown developers. If the market is hot and the allowable floor area ratio (FAR) is too restrictive, it doesn't pay to build. Staff has interviewed residential, industrial, and commercial developers, confirrivng that: 1) Kent is an attractive community for residential development, and the market is particularly hot for attached townhouses as well as single-family residences at a density of 6dulacre; 2) Industrial developers are looking for large (20 acre minimum) acreage unencumbered by environmental constraints, and "wetland banking" is becoming a big business; and 3) Commercial development has been accommodated in Kent's downtown core thorough the "Downtown Kent Action Plan" and associated zoning, but Midway has potential for office and light manufacturing,particularly if mass-transit links run through the area. The motivation of a property owner of sending parcels plays a role in a TDR's success. There may be reluctance to participate in the program with the thought that the political support for the program might shift. There also may be issues when land is in a trust with many owners because that may make it impossible for a transaction to occur. The survey conducted at the City's Agricultural Lands "Open House" indicated that property owners preferred a PDR program to a TDR program 2:1. (Note: The results of the survey may reflect the lack of a full explanation of a TDR program, while King County staff provided details on a PDR program.) Having the political support of the program also is essential. The community may support the program of agricultural preservation until they are asked to absorb increased density in their neighborhoods. Planners and policy makers contemplating a TDR program must work together closely from the beginning to know community sentiment on the issues, point out prospective problems for full community discussion, and attempt to rally support for the TDR program before implementing it. This is an issue that Kent has yet to address. Mortgage lenders are significant players in the implementation of a TDR plan. An important question is, "How will the sale of development rights from a piece of farmland affect the mortgage holder's interest in the property?" Will the developer's mortgage lender treat the acquisition of development rights the same as the acquisition of a fee interest in land and make a loan secured by a mortgage on it? According to King County's TDR program director, there have been no problems with mortgage companies when clear title is available. Receiving Areas and Development Process: Understanding the development process in potential receiving areas is important to a successful TDR program. A suburban land developer buys raw land, Land Use and Planning Board Workshop July 9,2001 Page 9 subdivides it, develops the land with the necessary infrastructure, then markets the subdivided lots to homeowners, contractors, other developers, or builds new homes themselves. Developers expect a profit of 10 to 20%percent of total development costs, including acquisition fees. Why would a developer be willing to participate in a TDR program? Any of the following opportunities might be attractive: 1. Decreased cost to produce subdivided lots; 2. Increased profit per unit sold; 3. Decreased risk(e.g., faster sales pace,higher quality product at less cost,price level that appeals to a wider market); and 4. Increased certainty of planning and zoning approval or faster approval timetable. A developer may be reluctant to participate in a program that is perceived to have extra risks such as financing or negotiation with TDR sellers. To overcome any reservations a developer might have, it may be necessary to design the program so that the profit rate is slightly higher than would otherwise be available in an alternative investment opportunity. Sending Areas and the Development Process: Because TDRs are used for a variety of preservation purposes, clearly defining what resources are to be protected is important. In the case of Kent, agricultural lands can easily be defined by: 1) soil type (Soil Conservation Service, U.S. Department of Agriculture Handbook No. 210 classifies Kent's agricultural zoning districts as Class lI Prime Farmland that requires moderate conservation practices); and 2) parcel size (large enough to be agriculturally productive). TDR Bank: Proponents of a TDR bank cite a number of reasons for making it an essential element in a TDR program. As a broker, a TDR bank can be a vehicle for property owners and developers to better understand the program, thereby encouraging them to participate. The bank also can serve as a "market maker" as development demand ebbs and flows. A well-funded TDR bank can help establish and stabilize the prices paid for TDRs. In 1990, the Pineland's TDR bank paid $10,000 for every development credit; it resells the credit for the same price plus holding costs. If more TDR credits are created than can be absorbed reasonably in the receiving zones, the price paid for each TDR likely will go down over time. To make sure that the price paid for TDRs will be high enough to make the program work, a TDR bank should be funded at a level sufficient to buy and sell at least 25% percent of the development rights transacted. Flexibility and Adequate Promotion: It is important for a TDR program to be designed so that it can respond creatively to changes in market conditions that might threaten its effectiveness. Successful implementation of a TDR program depends on factors similar to those that influence the real estate development business. The program needs to monitor and adjust to: 1) Changing consumer preferences; 2) Changing demographics; 3) Interest rates; 4) Labor costs; 5) Energy costs; 6) Available transportation options; 7)Business climate; 8)Tax laws; and 9) Changes in technology. • Summary of TDR Program: 40 A successful TDR program needs to have a well-thought-out strategy that takes into account all the players, including the elusive market forces. It is a creative way to include the private sector in the Land Use and Planning Board Workshop July 9,2001 Page 10 preservation of a valued resource, by facilitating market demand through careful identification of receiving areas. As with a PDR program, the community needs to support a TDR program. The support isn't as much financial as it is acceptance of density in their neighborhoods. As with a PDR program, the jurisdiction should conduct a "Funding Feasibility Study" and assign development credits accordingly. Identification of potential receiving areas needs community input. Environmental review (SEPA) might be required, depending on the amount of density transferred. Staff needs to be dedicated to managing the program to ensure its success,particularly in the beginning. As with the PDR program, some monitoring and enforcement needs to be in place to keep the farmland soils productive and available for the future. DETERMINING VALUE OF DEVELOPMENT RIGHTS Before the City of Kent enters into either preservation program, it needs to understand the value of potential development rights. Staff has access to King County's assessed values of the land and its improvements. However, neither the PDR or TDR program is a program that purchases fee simple land. Rather, the programs purchase the potential value of the land. To get a reasonable estimate of the total development value on all eligible properties requires a professional "Funding Feasibility Study". These studies often are done for large public projects, like road construction that requires the acquisition of several properties or portions of properties. The process of appraising the properties is similar to standard appraisal techniques. The value is based on the most profitable use of the property and is likely to be dependent on four criteria: 1. What is physically possible? • 2. What is legally permissible? 3. What is financially feasible? 4. What is maximally productive? There are three applicable methods for evaluating all types of real property. Each could be used to evaluate the development value of properties eligible for agricultural preservation. The methods are explained briefly below: Cost Approach: The cost approach to value comes from the economic concept of objective value. It implies that the value of anything is the cost incurred to create it. The approach is based on the estimated replacement cost of the improvements, which is then reduced by the accrued depreciated. This approach is used to appraise improvements and would be applicable to evaluate potential development costs. Those development costs would be used to determine an expected rate of return on investment. Sales Comparison Approach: The sale comparison approach to value reflects the opinion of buyers and sellers of comparable property. It's based on the principle of substitution and is commonly used in single-family real estate transactions. This approach would be used to set the fee simple value of vacant farmland. Income Capitalization Approach: The income capitalization method of valuation is used primarily in the appraisal of investment property. An appraiser using this approach typically analyzes the rental value of comparable properties considering a prudent expectation of return on investment. This approach is used primarily for arriving at the market value of income-producing property. This type of appraisal process would be used to determine the value of crops as well as potential allowed development. It must be Land Use and Planning Board Workshop July 9,2001 Page 11 restated that development can occur based on what is physically possible, legally permissible, financially feasible, and maximally productive. Before a relatively accurate appraisal of the potential development value within the agricultural zoning districts is made, the jurisdiction needs to define the parameters of the program. What are eligible properties? Is there a size limitation to ensure properties to be retained will allow viable agricultural production? What influence will existing wetlands have on the value of development? Shall properties with wetlands be discounted from the one dwelling unit per acre to what can be constructed reasonably. The City's regulations prohibit development in the "floodway". What value shall be discounted for properties located within the "floodway"? If the "Cost" approach is used, what are the costs associated with mitigating storm water detention, restoration of potentially disturbed wetlands, or displacement of floodplain area? Numerous issues need to be discussed and determined before a "Funding Feasibility Study"can be conducted. OPTIONS The options presented here are for discussion purposes only. They outline the type of preservation programs that could be employed to ensure the City's agricultural zoning districts are available as productive farmland. They are skeletons of program options that would need to be expanded prior to a public hearing. Option 1 -PDR: The use of a PDR program alone to purchase development rights from eligible property owners requires a large bond measure voted in by the electorate. An administrative structure would need to put into place with staff dedicated initially to managing the program and later to enforcing it. Option 2 — TDR: The use of a TDR program alone to transfer development rights of eligible property owners to other areas within the City of Kent requires adequate receiving areas to accommodate the amount of value held within the agricultural zoning districts. To be successful, the TDR program needs receiving areas having low-density zoning and a market demand for higher density. There are few places within the City of Kent that can and are willing to absorb the amount of"development rights" that are held within the agricultural zoning districts. A public process needs to be conducted for any identified receiving area. Once identified, a professional market analysis needs to be conducted to ensure adequate receiving potential. Attaining funding for a "TDR Bank" ensures greater success for the program. A TDR program needs an administrative structure with adequate staffing. Option 3 —PDR/TDR: Using a combination of a PDR/TDR program gives flexibility to property owners and extends the funding by using both public and private funds to preserve agricultural lands. Those who want to participate immediately without going through the privately negotiated process that a TDR program requires, could have their rights purchased using public funds. All properties using the PDR portion of the program need to be eligible and professionally appraised. Like the above PDR and TDR programs, this combination program requires a bond measure approved by the electorate and a public process for any identified receiving area(s). Option 4 —PDR with a Phased in TDR: This option is a phased approach. Initially a PDR program is established. It would not entirely fund all the eligible "development rights" within the agricultural zoning districts. However, it would establish a preservation program(as required by GMA), identify the lands to be preserved, and define eligibility, with the knowledge that the program would be expanded to include TDR in the future. This option provides time to fully explore TDR receiving areas and obtain the necessary public participation. It also provides time to fully develop the structure of the TDR program (e.g., types of development credits, value of development credits, possible "TDR Bank", etc.). Land Use and Planning Board Workshop July 9, 2001 • Page 12 The PDR phase needs a bond measure approved by the electorate. The public process of authorizing the bond would provide a platform for identifying receiving areas for the future TDR program. DISCUSSION Staff will be available at the July 9 meeting to discuss the issues and options. CA\pm\\EARTH FS\SDATA\Permit\Plan\CompPlanAmendments\2001\2004535-CPA2000-5.doc cc: Charlene Anderson,Acting PIanning Manager Fred N. Satterstrom,Acting Community Development Director Mike H.Martin,Interim Chief Administrative Officer EXHIBIT F CENTRAL PUGET SOUND GROWTH MANAGEMENT HEARGINGS BOARD DEFINITION OF AGRICULTURAL RESOURCE LANDS 1. Land presently or historically devoted to agricultural uses 2. Land with "Long-term Commercial Significance" based on the following: • Growing capacity; • Productivity; • soil Composition — Class I or Class Il; . Proximity to population areas; and . Possibility of more intense uses of the land 3. Land use settlement and its compatibility with agricultural practices • Intensity of nearby land uses . Availability of public facilities & services • Predominant parcel size Connection with the larger pattern of agricultural land uses S.,Wermit0anlCompPlanAmmentsl20011200453`-CPA2000-3CounilWrkShpExhibitF.doc • ' . • , • A , • JJ � Ila WO At WIN F uP �- fig ri L k A Kim 1, VA IL -owl I Midway • . ,�Iwr•I ram:'"O.�f f: ?,\ now Receiving ,�■ _� Area LIN 1 1 Le g- • } -Zmlngftbictmftpdy Am ; 4 1 is I1 Scalez n \-�-' KENT 1:37W6ORION �- �i � 1 i ■ :oil Swaim WI m§Ig IN vu■ .u.11II■ �n-r� r sell imIlls, auur■...�1 on nu- • �pl!_ nnnll�=■.► NNE ' � /■l���I 1��E wlr■ .�ll► 1� f so iiilr� '"'! O!� ,ice■ 02 a ■r.sl. ■! HIRE;0*11 II ■ lunr■:aal. IIG.111 • .m!]�9 1 IT.11 1�111� .1� NEE f niF v,• Fallow 1•�� -.- -:nuns; ��EI■_ 1 MIL - : . • �»�tii�������1:���ei jai NCC �l ...� - a amp �r. i >•��'=l� r. ■r. 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Designate drllllll�WIN, a a r-7 I . � • _ toinaame • - • preservation _ ., r_j _ .�IIp.G�1111 � �. -- -Y�I�� -��i•�. capacityTDR Receiving Area Overlay Density based on carrying market eligible =`11 noun lnl / AI^�. resourceland. . a • •..s.. ._nsity Townhouses and clustering are recommended. uuu:112 �'� I'I'I • • . - 11/ fi-MWIN-1 MAIM 1 �g 1 �. (i Class 11 soils,e)dsffng land use,historical zoning and land use designation.Change zoning to Agricultural-10. AGIAgricultural Support Create a land use designation • - • ���!9 �, 1defined -1------- called Agricultural Support for AG zoning district which is as related s t«ultural production by allowing « 1 - C c hange to Urban designated for long term agricultural use". Separator/SR-1 m 1. ..r,1.Hit a. 1,./ � 1. JUN Ir Ill,��pl• , �� I 1 luliil,111 `/ 1E III{ III�.,■_ �� ($, /'•'PP�: SAWOW =� I `\-. �■' FF K ;► l� ' � �� - ..,1•.1. IIIIII • • • • - • . I((I uulr� / 11 a•O . - . , INIJ ITEM #1 PLANNING COMMITTEE JULY 9, 2002 PROPOSED KENT STATION PLANNED ACTION ORDINANCE ACTION ITEM : Staff recommends that the Planning Committee forward the Planned Action Ordinance with exhibits to the full City Council for adoption. COMMUNITY DEVELOPMENT Fred N. Satterstrom, AICP, CD Director • PLANNING SERVICES KEN T Charlene Anderson,AICP, Planning Manager WASHINGTON Phone:253-856-5454 Fax: 253-856-6454 Address: 220 Fourth Avenue S. Kent,WA 98032-5895 July 3, 2002 TO: LEONA ORR, CHAIR, AND PLANNING COMMITTEE MEMBERS FROM: CHARLENE ANDERSON, AICP, PLANNING MANAGER RE: PROPOSED KENT STATION PLANNED ACTION ORDINANCE Planning Committee Meeting of July 9, 2002 On July 8, 2002 the City issued the Final Supplemental Environmental Impact Statement (SEIS) for the Kent Station Planned Action. As provided for in the State Environmental Policy Act (SEPA), WAC 197-11-164 and-168, a GMA jurisdiction may designate planned actions that will benefit from a more simplified and consolidated SEPA review process. The process can be streamlined because the environmental review for development within a specified geographical area is contained within the EIS document and all of the SEPA mitigating measures are outlined in the Planned Action Ordinance (PAO). A supplemental EIS was issued for Kent Station because the project builds upon previous environmental review that was completed under the Kent Comprehensive Plan EIS and the Downtown Strategic Action Plan Integrated EIS as well as a number of other environmental plans and documents related to downtown. All of those supporting documents are identified in the SEIS and are available for Council review in the Planning Services Office. As part of the process to adopt a Planned Action Ordinance, state regulations require that jurisdictions provide an opportunity for public notice and comment (WAC 197-11-168). To fulfill this requirement, the attached notice was mailed to all parties of record on the SEIS, published in the South County Journal and posted on the project site. The notice identifies this Planning Committee meeting as the appropriate place to provide written and/or verbal comment on the PAO. The attached PAO and SEPA Mitigation Document (Exhibit A) provide a summary of all anticipated significant adverse environmental impacts, significant unavoidable adverse impacts and mitigating measures as outlined in the EIS documents. The ordinance and supporting documents propose Alternative 2 in the SEIS as the preferred "build" alternative. Staff Recommendation: Staff recommends that the Planning Committee forward the Planned Action Ordinance with exhibits to • the full City Council for adoption. CA\pm S:\permit\plan\kent station\2002TA0 committee memo.doc CC: Mike Martin,Chief Administrative Officer Fred Satterstrom,AICP,CD Director Tom Brubaker,City Attorney Kim Marousek,Principal Planner a ORDINANCE NO. AN ORDINANCE of the City Council of the City of Kent, Washington, establishing a Planned Action for a site approximately 25.0 acres in size, bound by James and Harrison Streets, 4th Avenue and 1st Avenue, as described in the adopted Kent Station Supplemental Environmental Impact Statement. • WHEREAS, the Governor's Task Force on Regulatory Reform recommended changes to state law that would enable local governments to consolidate environmental review of plans prepared under the Washington State Growth Management Act(GMA); and WHEREAS, both the State Environmental Policy Act ("SEPA") and Chapter 36.70B Revised Code of Washington ("RCW") provide for the integration of environmental review with project review through the establishment of "Planned Actions"; and WHEREAS, Planned Actions expedite the permitting process where substantial planning and environmental analysis have been done prospectively for specific geographic areas that are less extensive than the municipality's jurisdictional boundaries or that are for certain types of development; and 1 Planned Action Ordinance— Kent Station SEIS iWHEREAS, RCW 43.21C.031 and Washington Administrative Code ("WAC") 197-11-164, -168, and -172 allow for and govern the application of a Planned Action designation; and WHEREAS, City of Kent Ordinance No. 3222 adopted a Comprehensive Plan (April 1995), under the provisions of Chapter 36.70A RCW, that includes goals and policies for Kent's downtown area; and WHEREAS, City of Kent Ordinance No. 3398 adopted the Downtown Strategic Action Plan and Integrated Supplemental Environmental Impact Statement in 1998 as an amendment to the City of Kent Comprehensive Plan, in compliance with the requirements of the GMA to direct growth into urban centers that provide a mix of residential, commercial, educational, and recreational land uses served by a multi- modal transportation system; and WHEREAS, the City of Kent Downtown Strategic Action Plan provides a basis for master planning and environmental analysis for the subsequent adoption of a Planned Action Ordinance for the Downtown Kent subarea, and its component districts; and WHEREAS, City of Kent Ordinance 3543, passed on February 20, 2001, rezoned lands previously designated as Downtown Commercial Limited Manufacturing (DLM) within Downtown Kent to Downtown Commercial Enterprise (DCE) and recognized the variety of functions Downtown Kent will be expected to provide as a designated Urban Center pursuant to King County county-wide planning policies for population, employment and services; and WHEREAS, on February 8, 2001, the City purchased the Borden Chemical site; and 2 Planned Action Ordinance— Kent Station SEIS WHEREAS, the Sound Transit Commuter Rail Station began operation in the City of Kent on February 5, 2001, and the presence of this transit service is consistent with and would enhance mixed-use development on the Planned Action site; and WHEREAS, the City of Kent over the years has provided an ongoing opportunity for public participation and review process for preparation of its Comprehensive Plan, the Downtown Strategic Action Plan and Integrated Environmental Impact Statement, and the Kent Station Planned Action Ordinance; and WHEREAS, on July 9, 2002 the Kent City Council Planning Committee held a public meeting on this Planned Action Ordinance to allow an opportunity for public comment as required by WAC 197-11-168; and WHEREAS, the Kent Station Planned Action Supplemental Environmental Impact Statement (hereafter "SEIS") identifies impacts and mitigation measures associated with the planned development; and WHEREAS, this Ordinance would designate certain land uses and activities as Planned Actions" that would be consistent with the Downtown Commercial Enterprise zoning district designations within Downtown Kent. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. - Purpose. The City Council declares that the purpose of this ordinance is to: 3 Planned Action Ordinance— Kent Station SEIS A. Combine environmental analysis with land use planning; and B. Streamline and expedite the land use permit process by relying on completed and existing detailed environmental analysis for certain land uses allowed in Downtown Kent; and C. Set forth a procedure designating certain project actions within Downtown Kent as Planned Actions consistent with RCW 43.21C.031; and D. Provide the public with an understanding of Planned Actions and how the City will process Planned Actions; and E. Adopt the SEIS as a Planned Action document that provides a framework for encouraging development proposals within the Planned Action Area described in Section 3(A) ("Planned Action Projects") that are consistent with the goals and policies of the City of Kent Comprehensive Plan and the City of Kent Downtown Strategic Action Plan, as they apply to a portion of the North Core District of Downtown Kent. F. Apply the City's development codes together with the SEIS and mitigation framework described in Section 3 of this Ordinance to expedite and simplify processing Planned Action developments, consistent with RCW 43.21C.240 and WAC 197-11-158. 4 Planned Action Ordinance— Kent Station SEIS SECTION 2. -Findings. The City Council finds that: A. The City of Kent selects Alternative 2, as set forth in the SEIS, as its preferred alternative; and B. The City of Kent Comprehensive Plan Environmental Impact Statement, the City of Kent Downtown Strategic Action Plan and Integrated Supplemental Environmental Impact Statement (together "DSAP"), and the SEIS adequately address all significant environmental impacts associated with the Planned Action described in the SEIS for Alternative 2; and C. The mitigation measures contained in the Mitigation Document, Exhibit A of this Ordinance, together with the City's development standards and any future mitigation measures that may be imposed through the land use process, are adequate to mitigate the significant adverse environmental impacts of the Planned Action Projects addressed in the SEIS. Additional voluntary mitigation measures may also be incorporated in a subsequent development agreement pursuant to RCW 36.70B.170; and D. The SEIS Planned Actions, also referred to as "Planned Action Projects" (as described by Alternative 2 in the SEIS), as set forth in Section 3(D) of this Ordinance, will benefit the public, will protect the environment, and will enhance economic development; and E. The City has provided numerous opportunities for public involvement and review; has considered all comments received; and this public participation process has resulted in modifications to mitigation measures and Planned Action conceptual alternatives. • 5 Planned Action Ordinance— Kent Station SEIS F. The Planned Action describes the location, types and quantities of uses anticipated.p d. G. Public services and facilities are adequate to serve the proposed Planned Action. SECTION 3. - Procedure and Criteria for Evaluating and Determininjz Protects as Planned Actions. A. Planned Action Area. The Planned Action designation shall apply to all parcels bound by I" Avenue on the east between James and Smith Streets, 4th Avenue on the west between James and Harrison Streets, James Street on the north between I" and 4th Avenues, and Harrison Street on the south between 2"d and 4`h Avenues, referred to in this Ordinance as the "Planned Action site". The property is illustrated in Exhibit B and legally described in Exhibit C. Additionally, the Planned Action designation shall apply to any off-site improvements necessitated by the proposed Planned Action development where the impacts of the off-site improvements have been analyzed in the SEIS. B. Environmental Document. A Planned Action designation for a site-specific Planned Action Project permit application shall be based on the environmental analysis contained in the draft SEIS issued by the City on April 23, 2002, and the Final SEIS issued by the City on July 8, 2002, and those environmental documents incorporated by reference or adopted in the SEIS. The Council's Mitigation Document, Exhibit A, is based upon the environmental analysis in the SEIS, and is incorporated into this Ordinance by this reference. The Mitigation Document, together with existing City codes, ordinances, development regulations and standards and applicable county, state or federal requirements and standards, shall provide the framework for the decision by the City to impose conditions on a Planned Action project. Other environmental i6 Planned Action Ordinance— Kent Station SEIS documents incorporated by reference in the SEIS may also be utilized to assist in analyzing impacts and determining appropriate mitigation measures. C. Planned Action Designated. Land uses and activities described in the SEIS, subject to the thresholds described in Section 3(D) and the mitigation measures described in the Mitigation Document, Exhibit A, are designated Planned Actions or Planned Action Projects pursuant to RCW 43.21C.031. A land use permit application for a site-specific Planned Action Project within the Subarea shall be designated as a Planned Action if it meets the criteria set forth in Section 3(D) of this Ordinance and applicable laws, codes, development regulations and standards of the City. D. Planned Action Thresholds. 1. Land Use. Subject to the mitigation measures described in Exhibit A, the following land uses and development levels, together with the customary accessory uses and amenities described in the SEIS, are Planned Actions pursuant to RCW 43.21 C.031: a. Land Uses. The following uses are the primary uses analyzed in the SEIS: i. Office; ii. Retail commercial; iii. Restaurant; iv. Multifamily residential; V. Cinema; vi. Community College; vii. Hotel & Conference Center; viii. Surface parking; ix. Structured parking; and X. Street and infrastructure improvements. 7 Planned Action Ordinance— Kent Station SEIS b. Land Use Review Threshold. The Planned Action designation applies to future development proposals that are comparable to or that are within the range established by SEIS Proposed Action Alternative 2, as shown in the Summary of Development table below: Kent Station Alternative—Summary of Development in Alternative 2 Alternative 2— LAND USE Kent Station Proposal Commercial (square feet) 518,400 sf Retail 191,800 Restaurant 35,900 Grocery 47,700 Cinema(12-Screen; 2,800 seats) 55,000 Office 138,000 Community College 50,000 Hotel/Conference Center 169,400 sf Hotel Rooms 200 rooms Multi-family Residential (sq. feet) 434,000 sf Housing Units 480 units Total Commercial/Residential 1,121,800 sf Development Park/ Open Space 53,000 sf Civic Plaza (Alt 2)/Plaza Area(Alt 3) 23,000 Park Block (Alt 2)/Town Sq. (Alt 3) 30,000 Borden Playfields 0 Parking (stalls) 2,932 stalls 8 Planned Action Ordinance— Kent Station SEIS A list of general uses available to the land use categories featured in the above Summary of Development table, with appropriate development standards, is described in Kent City Code 15.04. Surface parking includes on- street spaces within the site, and structured parking includes `stand-alone' parking garages as well as parking structured within and beneath mixed-use development. If future development proposals in the Planned Action area exceed the maximum development parameters reviewed in the SEIS, further environmental review may be required under SEPA, as provided in WAC 197- 11-172. If proposed plans significantly change the location of uses in a manner that would alter the environmental determinations in the SEIS, additional SEPA review also would be required. Shifting the total build-out of square footage between uses may be permitted so long as the total build-out does not exceed the aggregate amount of development, trip generation, and parking thresholds reviewed under the SEIS, and so long as the impacts of that development have been identified and mitigated in the SEIS and the Mitigation Document. 2. Building Heights and Thresholds. The Planned Action Area is entirely located within the Downtown Commercial Enterprise (DCE) zoning district. Under Kent City Code 15.04.190, there is no height limitation in the DCE zoning district. However, proposed building height is subject to Kent City Code 15.09.046 Downtown Design Review. The building heights reviewed in the SEIS range from one story to six stories. In comparison with the building heights reviewed in the SEIS, a proposed increase in height greater than one (1) additional story may require additional SEPA review to address aesthetic impacts. 3. Building Setbacks: Building setbacks shall be established by existing development regulations and Downtown and Multifamily Design Review. 9 Planned Action Ordinance— Kent Station SEIS 4. Open Space: Open space shall be established by existing development regulations and Downtown and Multifamily Design Review. In no case shall the Civic Plaza and Park Block total less than 53,000 square feet, as analyzed in the SEIS. Of this total, approximately 30,000 square feet will be developed by the City as a Park Block. 5. Transportation: a. Trip Ranges: The range of trips reviewed in the SEIS are as follows: Trip Generation Net New Trips Reviewed in SEIS Time Period Total Inbound Outbound Trips Weekday Daily 13,200 6,600 6,600 Total Weekday PM Peak 1,380 675 705 Hour b. Trip Threshold: Uses or activities that would exceed the maximum trip levels shown above will require additional SEPA review. C. Public Works Discretion: The Public Works Director shall have discretion to determine incremental and total trip generation, consistent with the ITE Trip Generation Manual (latest ed.), for each Planned Action Project permit application proposed under this Planned Action. d. Off-Site Mitigation: As provided in the SEIS in order to mitigate transportation related impacts, an Environmental Mitigation Fee shall be paid to participate in and pay a proportionate share of the construction cost to fund the South 272"d/South 277`h Street Corridor, which supports an alternative vehicular route that does not require passing through Downtown Kent. 10 Planned Action Ordinance— Kent Station SEIS e. Road Improvements: The Planned Action would require off-site road improvements as follows: Phase I ( 0 to 690 net new PM peak hour trips) Subject to the Public Work's Director's discretion provided for in subsection 5(c) above, Phase I mitigation will be triggered by the first application and will apply to all developments until the point those developments generate up to a total of 690 net new PM peak hour trips. For any of these proposals, all of the traffic improvements listed below must be constructed before the City will issue any Certificates of Occupancy. At the discretion of the Public Works Director, the City may accept a fee in lieu of constructing these improvements. Any fee shall be for the full cost to the City for the construction of the improvements. • 41h Avenue N/S 2281h Street: Construct a right-turn lane on eastbound S 228`h Street to southbound 4`h Avenue N. Combined with protected phasing for this new right-turn lane, operations could be improved from LOS F to LOS D during the PM peak hour. • Central Avenue S/W Willis Street: Construct a new right-turn lane on southbound Central Avenue S to westbound W Willis Street. The new right-turn lane would operate protected with east and westbound left- turn movements to establish a LOS D. • 2nd Avenue S/W Willis Street: This unsignalized intersection is anticipated to operate at LOS F on the minor approaches of 2nd Avenue S in 2010 with either the Proposed Action or No Action alternatives. Restrict 11 Planned Action Ordinance— Kent Station SEIS left-turn movements from W Willis Street onto 2nd Avenue S. Phase II (690 to 1,460 net new PM peak hour trips) Subject to the Public Works Director's discretion provided for in subsection 5(c) above, Phase II mitigation will be triggered by any development that raises the total trip generation above 690 net new PM peak hour trips. For any of these developments, all of the traffic improvements listed below must be constructed before the City will issue any Certificates of Occupancy. At the discretion of the Public Works Director, the City may accept a fee in lieu of constructing these improvements. Any fee shall be for the full cost to the City for the construction of the improvements. • 4th Avenue SIW Willis Street: Widen to create a second left-turn lane on eastbound W Willis Street to northbound 4th Avenue S and extend the right-turn lane on southbound 4th Avenue S to westbound W Willis Street. The intersection would operate at LOS D during the PM peak hour with these improvements. • 4th Avenue N/W Harrison Street: Create channelized right-turn lanes on the eastbound and westbound approaches of Harrison Street. Operations would improve for right-turning vehicles, by allowing right- turning vehicles to bypass vehicles that are waiting in the through/left-turn lane and enter the 4`' Avenue N traffic stream more quickly. 12 Planned Action Ordinance— Kent Station SEIS These road improvements have been analyzed in the SEIS. Significant changes to the road improvement plan proposed as part of any Planned Action Project that have the potential to significantly increase impacts to air quality, water quality, fisheries resources, noise levels or other factors beyond the levels analyzed in the SEIS may require additional SEPA review. 6. Earth: A significant change from the base of information and significant impacts contained in the SEIS under Prior Planning and Environmental Review and from the soil and groundwater contamination identified under Earth/Environmental Health in Chapter III of the SEIS that have the potential to adversely affect water quality, fisheries resources or environmental health concerns shall require additional SEPA review, including possible MTCA compliance. 7. Air Quality: A significant change in site layout or traffic generation • from that identified and evaluated in the SEIS that could affect localized air quality would require additional SEPA review. Construction related mitigation measures to reduce air quality impacts, as outlined in the SEIS, shall be incorporated into the construction plans where appropriate. 8. Water: A significant change from the base of information and significant impact analysis contained in the SEIS under Prior Planning and Environmental Review, and from the wetlands that were analyzed under Wetlands in Chapter III of the SEIS that have the potential to adversely affect water quality or fisheries resources in a material manner not identified in the SEIS will require additional SEPA review. The City will rely on adopted local, state, and federal regulations to mitigate the significant impacts to water quality and quantity from the Planned Actions. 13 Planned Action Ordinance— Kent Station SEIS 9. Public Services and Utilities: A significant change from the base of information and significant impact analysis contained in the SEIS under Prior Planning and Environmental Review, and a significant increase in the number of square feet or dwelling units beyond the maximum number reviewed in the SEIS, which has the potential to result in significant adverse environmental impacts not previously identified in the SEIS in the development's provision of public services and utilities will require additional SEPA review. E. Planned Action Review Criteria. 1. The SEPA Official or designee is authorized to designate a project application as a Planned Action pursuant to RCW 43.21C.031(2)(a), if the project application meets all of the following conditions: a. The project meets the description of a Planned Action Project as set forth in this Ordinance, and will implement any applicable ismitigation measures identified in this Ordinance; and b. The project is located within the Planned Action Area or is an off-site improvement directly related to a proposed development on the subject site; and C. The project is consistent with the City of Kent Comprehensive Plan and the Downtown Kent Action Plan; and d. The project's significant adverse environmental impacts have been adequately identified in the SEIS; and e. The project falls within the Planned- Action thresholds established in Section 3(D) of this Ordinance; and f. The SEPA Official has determined that the project's significant impacts have been mitigated through the application of the Mitigation Document in Exhibit A, as well as other applicable City, county, state and federal requirements and conditions, 14 Planned Action Ordinance— Kent Station SEIS which together constitute sufficient mitigation for the significant environmental impacts associated with the proposed project; and g. The proposed project complies with all applicable local, county, state, and federal regulations, and where appropriate, the proposed project complies with needed variances or modifications or other special permits have been identified; and h. The proposed project is not an essential public facility. F. Effect of Planned Action. 1. Upon designation by the SEPA Responsible Official that the development proposal within the Planned Action Area qualifies as a Planned Action pursuant to this Ordinance and WAC 197-11-172, the project shall not be subject to a SEPA threshold determination, an environmental impact statement (EIS), or any additional review under SEPA. 2. Being designated a Planned Action or Planned Action Project means that a proposed project has been reviewed in accordance with this Ordinance, and found to be consistent with the development parameters and environmental analysis included in the SEIS, including its incorporated and adopted documents. 3. Planned Action Projects will not be subject to further procedural review under SEPA. However, these projects will be subject to conditions as outlined in this document and the attached Exhibit A, which are designed to mitigate any environmental impacts resulting from the project proposal. Additionally, projects will be subject to applicable City, state and federal regulatory requirements. The Planned Action designation shall not excuse a project from meeting the City's code and ordinance requirements apart from the SEPA process. 15 Planned Action Ordinance— Kent Station SEIS G. Planned Action Permit Process. The Planning Manager or designee shall review projects and determine whether, they meet the criteria as Planned Actions under applicable state, federal, and local laws, regulations, codes and ordinances. The review procedure shall consist, at a minimum, of the following: 1. Development applications will meet the requirements of Kent City Code ("KCC") Titles 6, 7, 11, 12, 13, 14 and 15. Applications shall be made on forms provided by the City and shall include a SEPA checklist or revised SEPA checklist or such other environmental review forms provided by the Community Development, Fire, and Public Works Departments. The checklist may be incorporated into the form of an application. 2. The Planning Manager will determine whether the application is complete as provided in KCC Chapter 12.01. 3. If the project application is within the Planned Action Area, the application shall be reviewed to determine whether the proposed application is consistent with and meets all of the qualifications specified in Section 3 of this Ordinance. 4. After the City receives and reviews a complete application, the SEPA Official shall determine, utilizing the criteria and procedures contained in WAC 197-11-172, whether the project qualifies as a Planned Action. If the project does qualify as a Planned Action, the Planning Manager shall notify the applicant, and the project shall proceed in accordance with the appropriate permit procedure, except that no additional SEPA review, threshold determination, or EIS will be required. 5. Public notice for projects that qualify as Planned Actions shall be tied to the underlying permit and not to SEPA notice requirements. If notice is otherwise required for the underlying permit, the notice shall state that 16 Planned Action Ordinance— Kent Station SEIS the project has qualified as a Planned Action. If notice is not otherwise required for the underlying permit, no special notice is required. 6. If a project is determined not to be a Planned Action, the Planning Manager shall notify the applicant and prescribe a SEPA review procedure consistent with the City SEPA procedures and state laws. The notice to the applicant shall describe the elements of the application that result in disqualification as a Planned Action. 7. Projects disqualified as a Planned Action may use or incorporate relevant elements of the environmental review analysis in the SEIS prepared for the Planned Action, as well as other environmental documents to assist in meeting SEPA requirements. The SEPA Official may choose to limit the scope of the SEPA review to those issues and environmental impacts not previously addressed in the SEIS. SECTION 4. - Time Period. This Planned Action Ordinance shall be reviewed no later than December 1, 2010 by the Planning Manager to determine its continuing validity with respect to the environmental conditions of the Planned Action Area and the vicinity and adequacy of Planned Action requirements and mitigation. Based upon this review, this Ordinance may be amended as needed, and another review period may be specified. SECTION 5. - Con ict. In the event of a conflict between the Ordinance or any mitigation measures imposed pursuant thereto and any ordinance or regulation of the City, the provisions of this Ordinance shall control EXCEPT that provision of any Uniform Code shall supersede. SECTION 6. - Severability. Should any section, subsection, paragraph, sentence, clause or phrase of this Ordinance or its application be declared unconstitutional or invalid for any reason, such decision shall not affect the validity of 17 Planned Action Ordinance— Kent Station SEIS the remaining portions of this Ordinance or its application to any other person or situation. SECTION 7. - Third Party Liability. This Ordinance does not create or otherwise establish or designate any particular class or group of persons who will or should be especially protected or benefited by the terms of these regulations. No provision or term used in these regulations is intended to impose any duty whatsoever upon the City or any of its officers, employees, or agents. Notwithstanding any language used in this Ordinance, it is not the intent of this Ordinance to create a duty and/or cause of action running to any individual or identifiable person, but rather any duty is intended to run only to the general public. SECTION 8. - Effective Date. This Ordinance shall be effective upon its passage, approval, and five (5) days from and after its passage, approval and publication as provided by law. JIM WHITE, MAYOR ATTEST: BRENDA JACOBER, CITY CLERK 18 Planned Action Ordinance— Kent Station SEIS i APPROVED AS TO FORM: TOM BRUBAKER, CITY ATTORNEY PASSED: day of , 2002. APPROVED: day of 2002. PUBLISHED: day of , 2002. I hereby certify that this is a true copy of Ordinance No. passed by the City Council of the City of Kent, Washington, and approved by the Mayor of the City of Kent as hereon indicated. (SEAL) BRENDA JACOBER, CITY CLERK V'li.ilO.ti.a.ixN.niedAa4w14vLLvuatiElS Ax 19 Planned Action Ordinance— Kent Station SETS Exhibit A D R A F T Mitigation Document D R A F T Kent Station Planned Action INTRODUCTION AND PURPOSE The State Environmental Policy Act (SEPA) requires environmental review for project and non-project proposals that may have significant impacts upon the environment. In order to meet SEPA requirements, the SEPA Official for the City of Kent issued a Draft Supplemental Environmental Impact Statement for the Kent Station Planned Action on April 23, 2002, and a Final Supplemental Environmental Impact Statement on July 8, 2002 (collectively, the "SEIS"). The SEIS has identified significant impacts that would occur with the future redevelopment of the subject site together with a number of possible measures to mitigate those significant impacts. The purpose of this Mitigation Document is to establish specific mitigation measures, based upon significant impacts identified in the SEIS. The mitigation measures would apply to future development proposals that are deemed, pursuant to the City's Planned Action Ordinance and WAC 197-11-172, to constitute Planned Actions or Planned Action Projects that are comparable to the Proposed Action reviewed in the SEIS, and that are located on the approximately 25 acre subject site (see Exhibit B). The mitigation measures may also apply to off-site improvements, if they were analyzed in the SEIS. Pursuant to RCW 43.21C.240 and WAC 197-11-150, this mitigation is in addition to the mitigation required by other applicable City, county, state and federal regulations and requirements. USE OF TERMS As several similar terms are utilized in this Mitigation Document, the following phrases or words are defined briefly: SEPA Terms "Action" means projects or programs financed, licensed, regulated, conducted or approved by an Agency. "Project actions"involve decisions on a specific project such as a construction or management activity for a defined geographic area. "Non project" actions involve decisions about policies,plans or programs. (See WAC 197-11-704) "Planned Action" refers to types of project actions that are designated by ordinance for a specific geographical area and addressed in an EIS, in conjunction with a comprehensive plan or subarea plan, a fully contained community, a master planned resort, a master planned development or phased project. (See WAC 197-11-164). i Exhibit A—Mitigation Document Kent Station Planned Action Page 2 "Proposal" means a proposed action, which may be actions and regulatory decisions of an agency, or any actions proposed by applicants. (See 197-11-784) Other Terms The subject site or Planned Action Area may be referenced as "Kent Station," "site," "subject site" or "Planned Action Area" in this document. Mitigation measures may also apply to off-site improvements analyzed in the SEIS. This document includes mitigation measures that are tied to the approval of site plans, construction plans, civil plans, plats, planned unit developments, and design review. Regulations are found in Kent City Code Titles 6, 7, 11, 12, 13, 14 and 15. General Interpretation Where a mitigation measure includes the words "shall" or "will" the requirement is mandatory. Where "should" or"would" appear the words convey the City's expectation and desires given circumstances presently known, with recognition that pertinent alternate or equivalent requirements may be imposed as more detailed design or reports are conducted consistent with the mitigation measures. Unless stated specifically otherwise, the mitigation measure requirements to prepare plans, conduct studies, construct improvements, conduct maintenance activities, etc., are the responsibility of the future developer(s)to fund and/or carry out. DEVELOPMENT PROPOSED UNDER PLANNED ACTION Proposed Action The Proposed Action reviewed in the SEIS includes: • Approval of a plan to redevelop the Planned Action Area within Kent's Downtown as a mixed-use urban village • Adoption of an ordinance designating the Kent Station Site as a Planned Action for purposes of SEPA compliance (per RCW 43.21C.031(2)(a), and WAC 197-11-164 and 197-11-168). The City of Kent Downtown Strategic Action Plan identified the Subject Site ( "Site") as a key redevelopment opportunity and recommended preparing a master plan. The Planned Action designation reflects a decision that adequate environmental review has been completed and that further environmental review, under SEPA, for each specific development phase would not be necessary if it is determined that any given Planned Action Project is consistent with the development levels specified in the Planned Action Ordinance and evaluated in the SEIS and/or applicable development regulations. Exhibit A-Mitigation Document Kent Station Planned Action Page 3 The Planned Action includes a combination of retail, commercial, educational/institutional, residential and mixed-use redevelopment projects through the year 2010. It also includes the City's approval of Planned Unit Development (PUD)/master plan, administrative design review, wetland mitigation plan, subdivision, civil construction drawings, and building permits. A program of road, infrastructure, and streetscape improvements are integral to the redevelopment proposal. The City and the Kent Station developer may also execute a development agreement, pursuant to RCW 36.7013.170. The agreement would set forth the development standards, mitigation requirements, review procedures, etc. applicable to future development. The SEIS provides conceptual information on the potential mix of uses, building density and height, access/circulation, recreation and open space opportunities and other development features. The intensity of site development would fall within the range of development represented in Alternative 2 of the SEIS (Reference Chapter II of the Draft SEIS). The proposed development thresholds consist of 518,400 square feet of commercial, 169,400 square feet (200 rooms) of hotel/conference center, and 480 units of housing (434,000 square feet). Also included are 2932 parking stalls and 53,000 square feet of park/open space. Applicability of Mitigation Document This mitigation document applies to the Proposed Action, Alternative 2 analyzed in the SEIS. For the mitigation document to apply to future development proposed in the Planned Action Area, that proposed development must be comparable to or within the range established by Alternative 2, as shown below: Kent Station Alternative 2 -Summary of Development LAND USE Alternative 2-Kent Station Proposal Commercial(square feet) 518,400 sf Retail 191,800 Restaurant 35,900 Grocery 47,700 Cinema(12-Screen; 2,800 seats) 55,000 Office 138,000 Community College 50,000 Hotel/Conference Center 169,400 sf Hotel Rooms 200 rooms Subtotal Multi-family Residential (square feet) 434,000 sf Housing Units 480 units Total Commercial/Residential Development 1,121,800 sf Park/Open Space 53,000 sf Civic Plaza(Alt 2)/Plaza Area(Alt 3) 23,000 Park Block(Alt 2)/Town Square (Alt 3) 30,000 Borden Playfields 0 Parking (stalls) 2,932 stalls Exhibit A—Mitigation Document Kent Station Planned Action Page 4 Building heights range from one to six stories (Reference Chapter II, Tables 4 and 5 in the SEIS). All of the alternatives would provide the same public street improvements to 1St, 2nd and 4th Avenues N. Two new public streets would also traverse the site: 1) Temperance Street between I" and 2"d Avenues N., and 2) 2"d Avenue N. would be extended from Smith Street to 4th Avenue N. (Reference Chapter II-14 — II-16 of the SEIS). If future proposed plans exceed the maximum development parameters reviewed, supplemental environmental review may be required pursuant to WAC 197-11-172 and other applicable SEPA Rules. MITIGATION DOCUMENT Based upon the SEIS, which is incorporated by this reference, this Mitigation Document identifies significant adverse environmental impacts that are anticipated to occur in conjunction with the development of the Proposed Action. Mitigation measures are hereby established under SEPA Rules to address specific impacts identified in the SEIS, based upon the Proposed Action. Additional consistency review under the Planned Action, site plan review, and other permit approvals will be required for specific development actions under the Proposed Action pursuant to WAC 197-11-172. Additional project conditions may be imposed on what are deemed to be Planned Action Projects based upon the analysis of the proposal in relationship to independent requirements of city, state or federal requirements or review criteria. Any applicant for a project within the Planned Action Area may request modifications to these mitigation measures, if appropriate and as a result of changed circumstances, in order to allow an equivalent substitute mitigation or removal of a mitigation requirement. Such modifications would be evaluated by the City SEPA Responsible Official prior to any approvals by the City, based upon SEPA Rules. As permitted under SEPA Rules (WAC 197-11-660), it is recognized that there may be some adverse impacts that are unavoidable because reasonable or feasible mitigation cannot be achieved for the Proposed Action. Provided below for each element of the environment analyzed in the SEIS for the Proposed Action are: (a) summary of and/or reference to SEIS analysis of significant environmental impacts (direct, indirect and cumulative); (b) summary of significant unavoidable adverse impacts; (c) mitigation measures established by this Mitigation Document; and (d) a list of federal and state laws and local policies/regulations on which mitigation measures are based. Exhibit A—Mitigation Document Kent Station Planned Action Page 5 In combination, regulations applicable to each element of the environment and mitigation measures imposed by this document will apply to and govern any Planned Action Project and will adequately mitigate all significant environmental impacts caused by the Proposed Action, except for those impacts that are identified as "significant unavoidable adverse impacts." 1. Earth/Environmental Health A. Significant Impacts: Chapter III of the SEIS addresses remediation of on-site soil and groundwater contamination. Other potential environmental impacts to earth resources and environmental health (i.e., noise) have been adequately addressed in previous environmental documents and are summarized in Chapter II of the SEIS. A summary of impacts is provided below based upon the SEIS Summary Matrix. • Exposure to contaminated soils and groundwater on the site could pose potential health risks to the public. Health risks are the basis of the applicable cleanup levels that are being implemented through a cleanup plan. B. Significant Unavoidable Adverse Impacts: Provided that reasonable mitigation measures are properly followed, no significant unavoidable impacts are anticipated. C. Mitigation Measures: The mitigation measures established below address impacts identified in Chapter III of the SEIS. • No mitigation measures beyond those already identified and being implemented in connection with cleanup of the Borden Chemical Facility, BNSF, Reiman Trust, Brutsche, Silvestri and adjacent sites are required. Cleanup activities would be coordinated with redevelopment of the site and associated construction activities. • Any required Clean up actions will occur as part of, and concurrent with, site preparation and construction activities for the 2nd Avenue extension and other proposed on-site development. Consistent with the recommended monitoring program, any monitoring wells displaced by redevelopment shall be relocated. • Monitoring shall occur as recommended in the Phase II site assessment reports. • Earthwork should be accomplished during the dry season from May to September whenever possible, when soils are likely to be compacted and when erosion and sedimentation activity are at a seasonal low. • Erosion control methods in the short term can include channeling surface water runoff, erosion preventing slope cover (e.g. straw), channel liners, and sedimentation control ponds. Long term methods include minimizing the concentration of runoff onto fill, cut or natural slopes, and minimizing disturbances to natural drainage courses and existing vegetation. Exhibit A—Mitigation Document Kent Station Planned Action Page 6 2. Air Quality A. Significant Impacts: Chapter II of the SEIS includes an examination of significant impacts to air quality in terms of construction activities, generated traffic, and indirect air emissions. In general, reduced emissions of particulates, carbon monoxide and nitrogen oxides would be associated with concentrating growth in a mixed-use pattern at higher densities in pedestrian-oriented areas. Localized dust and exhaust emissions would be generated from construction activities. An Air Quality Conformity Analysis was conducted in conjunction with the FSEIS. No significant impacts were identified and no mitigation measures related to conformity are required. B. Significant Unavoidable Adverse Impacts: Provided that reasonable mitigation measures are properly followed, no significant unavoidable impacts are anticipated. C. Mitigation Measures: The following construction related mitigation measures to reduce air quality impacts shall be incorporated into the construction plans where appropriate: • Use only equipment and trucks that are maintained in optimal operational condition • Require all off road equipment to be retrofitted with emission reduction equipment(i.e., require participation in Puget Sound region Diesel Solutions by project sponsors and contractors) • Use bio diesel or other lower-emission fuels for vehicles and equipment • Use carpooling or other trip reduction strategies for construction workers • Stage construction to minimize overall transportation system congestion and delays to reduce regional emissions of pollutants during construction • Implement construction curbs on hot days when region is at risk for exceeding the ozone NAAQS, and work at night instead • Implement restrictions on construction truck idling(e.g., limit idling to a maximum of 5 minutes) • Locate construction equipment away from sensitive receptors such as fresh air intakes to buildings, air conditioners, and sensitive populations • Locate construction staging zones where diesel emissions won't be noticeable to the public or near sensitive populations such as the elderly and the young • Spray exposed soil with water or other suppressant to reduce emissions of PM 10 and deposition of particulate matter • Pave or use gravel on staging areas and roads that would be exposed for long periods • Cover all trucks transporting materials, wetting materials in trucks, or providing adequate freeboard (space from the top of the material to the top of the truck bed), to reduce PM10 emissions and deposition during transport Exhibit A—Mitigation Document Kent Station Planned Action Page 7 • Provide wheel washers to remove particulate matter that would otherwise be carried off-site by vehicles to decrease deposition of particulate matter on area roadways • Remove particulate matter deposited on paved, public roads, sidewalks, and bicycle and pedestrian paths to reduce mud and dust; sweep and wash streets continuously to reduce emissions • Cover dirt, gravel, and debris piles as needed to reduce dust and wind-blown debris • Route and schedule construction trucks to reduce delays to traffic during peak travel times to reduce air quality impacts caused by a reduction in traffic speeds 3. Noise A. Significant Impacts: Increased noise and vibration would be associated with construction. These impacts could be intensive in some locations for limited periods of time. Some construction equipment and methods (e.g., pile driving) can produce peak noise levels greater than 100dBA, as well as significant vibration. B. Significant Unavoidable Adverse Impacts: Provided that reasonable mitigation measures are properly followed, no significant unavoidable impacts are anticipated. C. Mitigation Measures: Mitigation measures for construction impacts may include enforcement of limits of the hours of construction activity, proper maintenance of equipment, use of mufflers and/or temporary sound barriers, alternative construction techniques (e.g., pile auguring), contractor preparation of noise control plans, and active monitoring and enforcement of applicable standards. 4. Wetlands A. Significant Impacts: Chapter III of the SEIS includes an examination of significant impacts to wetlands. A summary of impacts is provided below based upon the SEIS Summary Matrix. For a more detailed discussion of impacts, see Chapter III of the SEIS. • Three on-site wetlands would be filled to permit construction of planned buildings, roads and infrastructure. B. Significant Unavoidable Adverse Impacts: The wetland functions, values and area would be lost, and are unavoidable in the context of the alternative site plans and the City's goals for Downtown development. Exhibit A—Mitigation Document Kent Station Planned Action Page 8 C. Mitigation Measures: • Mitigation, in the form of off-site compensation,would occur consistent with the City's adopted wetland standards and regulations and shall include the preparation of a wetland mitigation plan. 5. Land Use A. Significant Impacts: Chapter III of the SEIS includes an examination of significant impacts to land use. A summary of impacts is provided below based upon the SEIS Summary Matrix. For a more detailed discussion of impacts, see Chapter III of the SEIS. • Proposed development would be of higher density and intensity than the No Action alternative and therefore involve potentially greater impacts. However, proposed development would be comparable to the density and intensity permitted under current zoning. • A mix of uses would occur. • The character of the site would change significantly from low-density, auto- oriented, suburban area with small buildings surrounded by large parking lots, to an urbanized,pedestrian-oriented/transit-oriented district. • Borden Playfields would be replaced by urban park space resulting in a net reduction of between 3.5 and 3.8 acres of park land in the City. Demand could increase at other park facilities. • Increased light, noise, and activity associated with an urban area may be noticeable from residential area to the north. • Proposal would encourage new economic, civic and pedestrian activity in the area that indirectly could result in increased development pressure on surrounding properties to intensify. • Some existing uses may be displaced and could relocate within the site or nearby commercial districts. As redevelopment occurs, potential land use conflicts between adjacent low intensity uses and new development could result. B. Significant Unavoidable Adverse Impacts: Some displacement of existing land uses on the Kent Station Planned Action site would occur. Some limited contrast in land use intensity,bulk and scale would occur,primarily where larger buildings are proposed adjacent to existing single family residences. Impacts relating to lighting and noise may be mitigated but cannot be entirely avoided; they are considered to be an inherent characteristic of a mixed-use urban neighborhood. C. Mitigation Measures: Kent's adopted Comprehensive Plan, zoning regulations and Downtown Design Guidelines provide policies, processes, standards and development regulations that would mitigate most identified impacts. • Utilize careful site planning,building design and buffering. Utilize techniques • such as lighting limits, full cut-off fixtures, ample landscaping to buffer Exhibit A—Mitigation Document Kent Station Planned Action Page 9 adjacent uses and ensure privacy, placement/orientation of some building elements (e.g., deliveries, solid waste receptacles)to help control noise. • Locate taller buildings in the interior of the site, set back upper stories of taller buildings from the street, or utilize additional screening or other design techniques to reduce the impact to existing single family neighborhoods. • To minimize potential business and employment displacement impacts that would occur on-site, the City should provide technical assistance in relocation to other suitable sites. • In mixed-use areas, the potential intrusion of noise from commercial, office and retail areas into residential areas should be minimized by limiting noisy activities (e.g. trash collection or composting) to hours outside of 11 pm to 7 am. 6. Relationship to Plans, Policies and Regulations A. Significant Impacts: Chapter III of the SEIS reviews the consistency of the Kent Station Planned Action alternatives to selected federal, state, regional and local plans,policies and/or regulations. • The proposal is consistent with GMA planning goals to guide growth into an area with existing and planned infrastructure. The proposal also is consistent with the City of Kent's land use designations, transportation, economic development, and community design policies and goal of redeveloping Downtown from a low-intensity suburban character to a higher intensity urban character. B. Significant Unavoidable Adverse Impacts: None are anticipated. C. Mitigation Measures: No specific mitigation measures are warranted beyond the application of City regulations, which in many cases contain mitigation features. Future development or redevelopment within the Downtown is subject to existing federal and regional storm water management plan requirements, local development regulations, local concurrency regulations, and design standards. 7. Aesthetics A. Significant Impacts: Chapter III of the SEIS includes examination of significant impacts to visual character, including intensity, bulk/scale/height, visual compatibility, streetscape continuity, and light and glare generated. A summary of impacts is provided below based upon the SEIS Summary Matrix. • The proposal is likely to improve visual quality overall. Proposed development would support the Historic District by improving streetscapes, pedestrian connections, and urban parks, resulting in a more unified Downtown core area. • The proposal would provide mixed-use development in buildings ranging from one to six stories in height and lot coverage of up to 95 percent. Most buildings would contain ground floor retail uses to encourage a lively Exhibit A—Mitigation Document Kent Station Planned Action Page 10 • pedestrian oriented environment. On-street, surface and structured parking would be provided. • Some negative impacts could result from differences in bulk and scale along the northern edges of the site, where more intensive development would be near single family residential uses. The proposed development also would be larger in bulk and scale than the structures in the adjacent Historic Core District. • Light, glare and shadowing likely will increase. B. Significant Unavoidable Adverse Impacts: The expected significant visual and aesthetic change is generally considered to be positive and are consistent with the City of Kent Comprehensive Plan. Mitigation measures below, together with the City's adopted development regulations and design standards are adequate to mitigate the anticipated significant adverse impacts. C. Mitigation Measures: • Utilize careful site planning, building design and buffering. Utilize techniques such as lighting limits, full cut-off fixtures, low hanging street lamps, and ample landscaping to buffer adjacent uses and ensure privacy. • Locate taller buildings in the interior of the site, set back upper stories of taller buildings from the street, or utilize additional screening or other design alternatives to reduce the impact to existing single family neighborhoods. • Prohibit reflective building materials. 8. Transportation A. Significant Impacts: Chapter III and Appendix C of the SEIS examines significant impacts to parking and the transportation system. A summary of impacts is provided below based upon the SEIS Summary Matrix. • Trip Generation: New Weekday trip generation ranges from a total of 13,200 daily and 1,380 PM peak hour trips. • Levels of Service: Intersection levels of service are expected to generally remain the same as 2010 Baseline for more than half of the study area intersections. At these intersections a slight increase in delay is expected but increase in total intersection volume is insufficient to cause a noticeable change in LOS. Between 14 and 16 study intersections are anticipated to operate at or over capacity with or without the Proposed Action. In comparison to 2010 Baseline, 5 additional intersections would operate at or over capacity with Alternative 2. • Valley Freeway SB Ramps/W Willis Street • Valley Freeway NB Ramps/W Willis Street • 4`h Avenue S/W Willis Street • 4`h Avenue N/W Harrison Street • 1"Avenue N/W James Street • Site Access: With or without the Proposed Action, intersections around the perimeter of the site, those providing a connection between the site and the Exhibit A—Mitigation Document Kent Station Planned Action Page 11 external street system, are expected to operate at between LOS A and F. Unsignalized access points intersecting with W James and W Smith Streets are anticipated to operate at LOS F, while the signalized access points on these arterials are expected to operate at LOS A and LOS B. The unsignalized access points on the more minor roads are anticipated to operate between LOS B and C and intersections internal to the site are expected to operate at LOS B or better. • The Proposed Action provides 2,932 parking stalls, with 995 shared stalls in the Sound Transit Garage and surface parking lot. Proposed supply falls within the minimum and maximum range depending on time of day and day of week. Anticipated demand, separate from commuter demand, also falls within the minimum and maximum code requirements. Adopted code requirements are sufficient to satisfy anticipated parking impacts. • With or without the Proposed Action, construction would generate some truck and vehicle traffic associated with excavation and hauling, delivery of materials, and similar types of activity. While construction may cause inconveniences directly adjacent to the site, the impacts would be temporary and are not expected to extend to the surrounding study area. • The City has identified the S 277"' Street Corridor improvements (both constructed and portions planned for construction), as providing significant relief on the existing east/west corridor system, including SR 516. This corridor and associated improvements will provide a necessary commuter alternate route from I-5 to Kent's East Hill which bypasses the Downtown Core. Environmental Mitigation Assessments charged to the developer will be assessed at the LID rate for the S 272°d/S 277t' Corridor and will proportionately pay toward improvements along that corridor that are identified on the City's 6-Year Transportation Capital Improvement Plan. B. Significant Unavoidable Adverse Impacts: Traffic will increase as a result of forecast growth, with or without implementation of the alternatives. Congestion will increase and levels of service will decrease at nearby intersections. C. Mitigation Measures: • Construction Traffic: The City will provide project specifications that will dictate the route used by construction traffic to enter and exit the construction site, stipulate the hours of work, and stipulate maximum permitted noise levels. The contractor shall provide traffic control when construction traffic would disrupt the normal traffic flow. This traffic control will be in the form of flaggers, variable message signs, light and other traffic control devices. The hours of work shall minimize the impact at heavy traffic times. The contractor shall maintain City roads used by construction traffic by keeping them clean at all times. The contractor shall control dust by watering the site frequently or by other means acceptable and approved by the City. • • Transportation Management Program: The developer and the City shall develop a Transportation Management Plan (TMP) for employment and Exhibit A—Mitigation Document Kent Station Planned Action Page 12 . residential components of Kent Station. The TMP shall support a goal of reducing employee and residential Single Occupant Vehicle (SOV) travel along with the potential increase in transit and rail service over time. • Off-Site Mitigation: The Kent Station developer shall pay an Environmental Mitigation Fee to participate in and pay a proportionate share of the construction costs to the City's South 272nd/South 277`h Street Corridor project to support an alternative vehicular through-route that bypasses Downtown Kent. The fee shall be at a rate of$1,068 per PM Peak hour trip (in 1986 dollars to be adjusted for inflation based upon the Consumer Price Index, US City Average for all Urban Consumers, or the substituted index as prepared by the US Department of Labor). Additionally, the following improvements to the local transportation system shall be provided for Phase I Mitigation (0 to 690 net new PM peak hour trips): • 4th Avenue N/S 228th Street: Construct a right-turn lane on eastbound S 228"h Street to southbound 4" Avenue N. Combined with protected phasing for this new right-turn lane, operations could be improved from LOS F to LOS D during the PM peak hour. • Central Avenue S/W Willis Street: Construct a new right-turn lane on southbound Central Avenue S to westbound W Willis Street. The new right-turn lane would operate protected with east and westbound left-turn movements to establish a LOS D. • 2nd Avenue S/W Willis Street: This unsignalized intersection is anticipated to operate at LOS F on the minor approaches of 2nd Avenue S in 2010 with either the Proposed Action or No Action alternatives. Restrict left-turn movements from W Willis Street onto 2nd Avenue S. The following improvements to the local transportation system shall be provided for Phase II Mitigation ( 690 to 1,460 net new PM peak hour trips): • 4th Avenue S/W Willis Street: Widen to create a second left-turn lane on eastbound W Willis Street to northbound 4th Avenue S and extend the right-turn lane on southbound 0' Avenue S to westbound W Willis Street. The intersection would operate at LOS D during the PM peak hour with these improvements. • 4ch Avenue N/W Harrison Street: Create channelized right-turn lanes on the eastbound and westbound approaches of Harrison Street. Operations would improve for right-turning vehicles, by allowing right-tuming vehicles to bypass vehicles that are waiting in the through/left-turn lane and enter the 4`h Avenue N traffic stream more quickly. Exhibit A—Mitigation Document Kent Station Planned Action Page 13 9. Nexus It is appropriate, as per WAC 197-11-660 and RCW 43.21C.060 that the City of Kent establish conditions to mitigate any identified impacts associated with this proposal, consistent with the City's substantive SEPA authority, Kent City Code section 11.03.510. • EXHIBIT B fzx • dtkent-norcor.jpg(1 271x98Ox16M jpeg) d -`Ill . , 11 - L"" 11 North Core District I rem Reglorla! Plan ed Ac ion o ' Justice �, " Site 7 :Center S.w C.� Library HARMSON ST • . EXHIBIT C Legal Description Those portions of the Southeast quarter of Section 13, Township 22, Range 4 East, W.M., and of the Northeast quarter of the Northeast quarter in Section 24, Township 22, Range 4 East, W.M., including platted properties therein lying South of the North right-of-way margin of James Street, lying West of the East right-of-way margin of I" Avenue North, lying East of the West right-of-way margin of 4`h Avenue North, and lying North of the South right-of-way margin of West Harrison Street; together with that portion lying East of the West right-of-way margin of 2"d Avenue North and lying North of the South right- of-way margin of West Harrison Street. Situate in King County, State of Washington, W.M. P:Ci.ilU.JiuxePemeJM4oeY.anS'wLIy.LE%C Joe • •