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HomeMy WebLinkAboutCity Council Committees - Economic and Community Development - 12/09/2013 (3) • Economic & Community Development KENT wAsHINGToN Committee Agenda Councilmembers: Bill Boyce • Deborah Ranniger • Jamie Perry, Chair AGENDA December 9, 2013 5:30 p.m. Item Description ActionSpeaker(s) Time Pace 1. Approval of the November 12, 2013 Minutes YES Jamie Perry 5 min 1 2. PUBLIC HEARING: YES Fred Satterstrom 15 min 5 Consideration of three (3) Planned Action Gloria Gould-Wessen and Infill Exemption Ordinance Options associated with the Downtown Subarea Action Plan Study area. 3. Customer Service Survey Update NO Fred Satterstrom 10 min 119 (Informational Only) Kimberlee McArthur Unless otherwise noted, the Planning and Economic Development Committee meets the 2nd Monday of each month at 5:30 p.m. in Council Chambers East, Kent City Hall, 220 4th Avenue South, Kent, 98032-5895. For information on the above item(s), the City of Kent's Website can be accessed at http://kentwa.igm2.com/citizens/Default.aspx?DepartmentID=1025 on Thursday, November 8, 2012 or contact Julie Pulliam, Pam Mottram or the respective project planner in the Planning Division at (253) 856-5454 or as indicated on the agenda. Any person requiring a disability accommodation should contact the City Clerk's Office at(253) 856-5725 in advance. ForTDD relay service call the Washington Telecommunications Relay Service at 1-800-833-6388. KENT ECONOMIC & COMMUNITY DEVELOPMENT COMMITTEE MINUTES November 12, 2013 Committee Members Committee Chair Jamie Perry, Deborah Ranniger, Bill Boyce. Perry called the meeting to order at 6:30 p.m. 1. Approval of Minutes Committee Member Ranniger Moved and Committee Member Boyce Seconded a Motion to approve the Minutes of October 14, 2013. Motion PASSED 3-0. 2. Public Hearin&: Planned Action Ordinance (PAO) and Infill Exemption Ordinance (IEO) associated with the Downtown Subarea Action Plan (DSAP) Study area. Long Range Planner Gloria Gould-Wessen spoke about key principles and action items that will implement the Downtown Subarea Action Plan Policies. The subarea action plan policies encourage mixed use, provide urban residential living, encourage quality development, improve livability through safety and open space, and develop economic incentives to help grow downtown successes. Gould-Wessen stated that Phase I of the DSAP implementation is nearly complete and includes the DSAP, Land Use Plan & Zoning Districts Map Amendments and Mixed Use Overlay (GC-MU) Development Regulations. Ordinances will be voted on at the November 191h City Council meeting. Gould-Wessen stated that Phase II intends to further implement the DSAP; considers the Planned Action and Infill Exemption Ordinances (IEO), updates the Downtown Design Guidelines, includes additional development regulations, adds economic development incentives, and considers outdoor gathering spaces and parks. This Phase will be brought to the Committee throughout 2014. Gould-Wessen stated that the PAO and IEO encourages mixed use, improves livability and offers economic development incentives. Planned Actions in Kent have included development of the Kent Station, the Platform Mixed Use development that will soon house 176 residents, and the Town Square Park. To meet GMA requirements, Kent created the DSAP and Supplemental Environmental Impact Statement (SEIS) to Kent's comprehensive plan review EIS adopted in 2011. The DSAP/SEIS identifies significant environmental impacts, mitigation measures, and unavoidable adverse impacts associated with three land use alternatives that the SEIS studied. The DSAP/SEIS focus is to analyze impacts of land use alternatives to transportation, to open space, and to ensure consistency with existing plans and policies. The draft and final SEIS informs the planned action and the infill exemption ordinances. Gould-Wessen stated that the environmental review of the DSAP/SEIS was completed at a programmatic level. Staff analyzed land use, number of jobs and residences that would be brought to town, looked at transportation and impacts to open space and recreation in downtown. Through that environmental analysis, mitigation measures have been identified and future development must address those impacts as part of the permit process as is currently done with permitting. However, developers will not need to conduct additional SEPA review if they are deemed consistent with the DSAP/SEIS resulting in cost and time savings for the developer. ECDC Minutes November 12,2013 Page 1 of4 2 The PAO would affect a portion of the North Park Neighborhood. The center of the Planned Action (PA) area is Meeker Street. Gould-Wessen cited the boundaries of the Infill Exemption area where development will be able to utilize that particular ordinance. Meeker Street is in the center of the PA area and in the center of the effort to incentivize development. Gould-Wessen stated that there are a number of properties surrounding Kent Station with potential for redevelopment in the future which is partly why the PA is associated with the North Park area. The PA area excludes lit and tin' Avenues to encourage different types of redevelopment to preserve the historic character of that area. Berk and Associates Consultant Lisa Grueter described the steps taken to complete the PAO with the first step being preparation and issuance of a Final SEIS issued on October 4, 2013 (that anticipates what future development will be in a specific area). The intent of this hearing is to consider adoption of the PAO. The PAO defines development levels and required mitigation anticipated in the SEIS. When developers implement the mitigation measures, SEPA review does not have to be repeated, and it facilitates the permit process where the city evaluates future development proposals for consistency with the ordinance. Most of the ordinance addresses the review process, establishes criteria for reviewing the planned actions, and adds a monitoring provision where the adopted PAO is reviewed for validity in five years. Grueter cited examples of mitigation measures evaluated in the DSAP/SEIS. She stated that the PAO is a tool used since the mid 90's by a number of jurisdictions. It facilitates permit review and puts into motion the land use plan. Grueter stated that the IEO facilitates residential and mixed use residential commercial development in areas that are not meeting density goals set forth in the comprehensive plan. The IEO has been used in a number of cities; to focus on bringing more residential to an area. The IEO would incentivize the permit process for residential or mixed use developments. SEPA law was amended last year to allow for a small amount of stand-alone nonretail commercial use of 65,000 sf, whereas previously the exemption was only for residential or mixed use with residential. If the IEO is approved, it would be applied to about 400 of the 550 acre DSAP area. Grueter stated that the infill growth bank projects 3,560 new households, 2,323 new jobs and 3,790 new trips. She stated that the PA area (consistent with the downtown commercial enterprise zone located primarily in the southern area) is still the focus for growth and is where the most intensive development is planned. Gould-Wessen stated that having a PAO or IEO does not mean that commercial development can happen in an area zoned for residential. The MRT-16 zoning district within the North Park area would not be affected by adopting these ordinances. Changing boundaries to exclude portions of the North Park area from the PAO would require additional changes to the ordinances. After deliberating, it was determined that making any adjustments to the boundaries would be considered a substantial change to the plan and would require a new public hearing. Councilmember Perry asked staff to craft a couple of additional options for the Committee's consideration. She stated that a group of North Park Community residents don't want redevelopment, yet she voiced her concern that the Planned Action incentivizes redevelopment and includes some single family residential parcels within North Park. Planning Director Fred Satterstrom stated that the last DSAP update was completed in 2005 simultaneously with some rezoning up to Cloudy Street. At that time, half of that block area located immediately adjacent to James Street was rezoned Downtown Commercial Enterprise (DCE), and rezoned the other half to Multifamily Residential Townhouse (MRT- 16) which serves as a buffer for the North Park area. The intent with the PAO and IEO is to incentivize development and attempt to induce the type of development consistent with its land use plans. ECDC Minutes November 12,2013 Page 2 of 3 Satterstrom suggested three options for the Committee to consider related to the subject site north of James Street; (1) Incentivize the subject area with a planned action to allow for more flexible zoning (2) incentivize through the infill exemption, limiting the commercial aspect but incentivizing residential, or (3) do not designate the subject area through either a planned action or infill exemption. Committee member Ranniger stated that the rezoning in 2005 incentivized and galvanized the North Park neighborhood to really take ownership of their community and to work to keep the integrity of that community as a residential neighborhood. Ranninger spoke in opposition to include the North Park community as part of the planned action area with Committee Member Boyce concurring. Satterstrom stated that staff could provide additional options for the Committee's consideration at their December 91h meeting, preceding the City Council meeting of December loth. 3. Business Incubators Economic Development Specialist Josh Hall stated that staff has been asked to conduct research on business incubators and to determine if the City might be interested in engaging in, supporting or creating an incubator type space in the City. Hall defined business incubation as specific programing designed to accelerate successful development of small entrepreneurial companies. Most incubator programs focus on market analysis and financial assistance. Many incubators provide space for companies to grow and succeed at a lower cost. He described Accelerators, Technology, Mixed Use, Manufacturing, Service Industry, and Virtual Incubator programs. Hall stated that the Virtual Incubator Programs are similar to what the Green River Community College (GRCC) provides with their small business assistance center programs. Hall stated that staff considered costs, who could manage a facility, considered what some of the other facilities in the region are doing, considered partnership opportunities, desired outcomes for Kent businesses and the purpose for the facilities. Hall stated that staff specifically researched city-driven, initiated incubators in the region and found that the City of Kenmore just started a two-year technology incubator pilot program backed by the city with a budget of $240,000. Kenmore feels they have a particular niche because of their proximity to Redmond's Microsoft and Google technology businesses. The City of Federal Way began a Mixed Use incubator program in 2009 with an initial investment of $200,000, receiving additional funding from the State and other sources for a total estimated start-up cost of $325,000. The Federal Way Chamber of Commerce runs and manages the program with collaboration between the multiservice center and the Federal Way School District. It has been estimated that Federal Way has created about 150 new jobs since startup. The city has recently changed its focus from general use incubators to more specific technology incubators. Hall stated that revenue is generated to support these incubators by charging companies rental fees and service fees at a reduced level. The incubators may bring in webinars where they will charge a fee to go through their course. Hall spoke about the pros and cons of incubation programs with some arguments that businesses who get incubation services have a much higher success rate than those companies that don't, that companies tend to locate near where they have an incubator, and if services are being provided to those companies many times they are going to continue to stay in the city as they grow. ECDC Minutes November 12,2013 Page 3 of 4 In response to Committee inquires Hall stated that he believes that advanced manufacturing is an industry Kent is strong in and has regional significance. The Obama Administration is looking at siting an advanced manufacturing innovation center. The University of Washington, University of Oregon and the Department of Commerce (DOC) is involved in this effort with the DOC currently applying for a planning grant. The Center For Advanced Manufacturing Puget Sound (CAMPS) is located in Kent and a part of this process and could help direct location of an eventual facility. Perry stated that she would like to have more information on technology incubators that have worked in the past, how they work, what they look like, and what type of facilities they have. She opined that technology incubators would likely require a larger initial investment, than starting up a service based incubator which would require less space and be less heavy equipment intensive. Perry voiced support to continue evaluating options. Ranninger stated that she was in Washington DC where she met with the Department of Commerce to talk about planning grant dollars. She stated that it is all about collaboration and partnerships. She stated that if staff's instincts leads to considering advanced manufacturing, the city needs to play to its strengths and the next step would be to reach out and see about obtaining planning grants, perhaps form collaborative partnerships with other business municipalities and educational institutions to strengthen the opportunities for obtaining grants. Informational Only 4. Economic Development Report Josh Hall reported that Ben Wolters would give Council an update at their November 191h meeting. Adiournment Committee Chair Perry adjourned the meeting at 7:36 p.m. Pamela Mottram, Secretary Economic & Community Development Committee P:\Planning\EC \2013\Minutes\10-14-13 Min.doc ECDC Minutes November 12,2013 Page 4 of4 5 ECONOMIC and COMMUNITY DEVELOPMENT Ben Wolters, Director • PLANNING DIVISION Fred N. Satterstrom, AICP, Director KEN T Charlene Anderson, AICP, Manager WASH IN GTO N Phone: 253-856-5454 Fax: 253-856-6454 Address: 220 Fourth Avenue S. Kent, WA 98032-5895 December 4, 2013 To: Chair Jamie Perry and Economic & Community Development Committee From: Gloria Gould-Wessen, AICP, GIS Coordinator/Long Range Planner Subject: Planned Action Ordinance for Downtown Subarea, and Infill Exemption Ordinance for the Downtown Subarea Action Plan Area (CPZ/CPA-2012-1) (ENV-2012-30) For the Public Hearing of December 9, 2013 MOTION: Recommend to the full City Council approval/denial/modification of the: (A) Downtown Planned Action Ordinance Option _ ; and (B) Downtown Infill Exemption Allowance Option _ ; as evaluated in the Supplemental EIS for the Downtown Subarea Action Plan. SUMMARY: A public hearing on the Planned Action Ordinance (PAO) and Infill Exemption Allowance Ordinance (Infill Exemption) for the Downtown Subarea Action Plan (DSAP) was scheduled for the November 12, 2013 Economic & Community Development Committee (ECDC) meeting. Following a presentation and discussion, the ECDC directed staff to expand the choices of the designated areas for each ordinance. Therefore, the December gch ECDC has also been advertized as a public hearing. BUDGET IMPACT: None BACKGROUND: The PAO and Infill Exemption ordinances are supported by the DSAP and the Draft and Final Downtown Subarea Action Plan Planned Action Supplemental Environmental Impact Statement (DSAP SEIS). The DSAP SEIS considered three alternative growth scenarios and the DSAP adopted Alternative #2 (Moderate Growth Scenario). The PAO and Infill Exemption options presented for consideration at this public hearing fit within Alternative #2. The PAO and Infill Exemption are regulatory tools that, when utilized by developers, will facilitate development within specific areas of Kent's Downtown. New development within the designated PAO area can utilize the environmental analysis completed in the DSAP SEIS. As long as the type and amount of proposed development has been analyzed, and mitigation measures addressed, development can proceed using streamlined environmental review that expedites the permit 6 process. Within the designated area of the Infill Exemption, a categorical exemption for construction of residential developments, non-retail commercial developments less than 65,000 square feet in size, and mixed use development is allowed by ordinance. Mitigation measures for Infill Exemption development were identified in the DSAP SEIS. It should be noted that neither type of development incentive (PAO or Infill Exemption) alters in any way the zoning of sites in downtown. These tools simply, modify, and streamline the environmental review process and, as such, serve to incentivize development that is consistent with the DSAP. DSAP Planned Action Ordinance and Infill Exemption Alternatives: Below are three options that define the size of the designated areas of the PAO and Infill Exemption based on input from the November 12th ECDC meeting: • Option 1 (i.e., Original) PAO and Infill Exemption as presented to the ECDC on November 12th (see Attach. A -Option 1 Map). • Option 2 (i.e., James St. Boundary) reduces the designated areas for the PAO and Infill Exemption by removing all of the North Park residential neighborhood located north of James Street (see Attach. B - Option 2 Map). • Option 3 (i.e., DCE Included) reduces the designated areas for the PAO and Infill Exemption by removing the area within the North Park residential neighborhood located north of James Street zoned MRT-16. The area zoned DCE (Downtown Commercial Enterprise) remains within the areas designated PAO and Infill Exemption (Multifamily Residential Townhouse) (see Attach. C - Option 3 Map). Analysis of Options: The reduction in designated area on the PAO and Infill Exemption maps reduces the amount of future residential and commercial development that can take advantage of the environmental analysis (i.e., DSAP SEIS). The consequence of the reduced future development potential in Options 2 and 3 results in a redistribution of the mitigation costs for streets, pedestrian, and bicycle facilities for the PAO and Infill Exemption Option 2 and 3. The tables below summarize the estimated cost per trip associated for the PAO and Infill Exemption ordinance options: Table 1: PAO Mitigation Measure Cost Estimates per Trip by Options Mitigation Option 1 Option 2 Option 3 Measure Type Original James St. Boundary DCE Included Street $1.82 $2.00 $1.88 Sidewalk $276.47 $266.67 $293.75 Bicycle $16.47 $16.00 $15.63 Total $294.76 $284.67 $311.26 Table 2: Infill Exemption Mitigation Measure Cost Estimates per Trip by Options Mitigation Option 1 Option 2 Option 3 Measure Type Original James St. Boundary DCE Included Street $1.82 $1.96 $1.87 Sidewalk $369.39 $335.20 $374.33 Bicycle $376.99 $398.00 $381.82 Total $747.99 $736.04 $758.02 CPZ/CPA-2012-1 Downtown Subarea Action Plan - Planned Action and Infill Exemption Ordinances Economic &Community Development Committee - December 9, 2013 Page 2 of 2 7 Attached you will find the November 12th ECDC staff report, and the three ordinance options for the PAO and the Infill Exemption with the proposed changes highlighted in red 'track changes' for review. Staff will be available at the December gth meeting. GGW/FS/pm S:\Permit\Plan\COMP_PL N_AMENDMENTS\2012\CPA-2012-1 Downtown\ECDC\12-9-13\Memo_PAOInfill.docx Enc: Attach A: Option 1 Map,Attach B: Option 2 Map,Attach C: Option 3 Map, Attach D: PAO Option 1,Attach E: PAO Option 2, Attach F: PAO Option 3,Attach G: Infill Ord. Option 1,Attach H: Infill Ord. Option 2,Attach I: Infill Ord. Option 3,Attach J: ECDC 11/12/13 Memo. cc: Ben Wolters, ECD Director Fred Satterstrom,AICP, Planning Director Charlene Anderson,AICP, Planning Manager David Galazin,Assistant City Attorney Project Files CPZ/CPA-2012-1 CPZ/CPA-2012-1 Downtown Subarea Action Plan - Planned Action and Infill Exemption Ordinances Economic &Community Development Committee - December 9, 2013 Page 3 of 2 8 CF) O Avl��asoaa W AV d3 Ir 9 . . . . o Ui AV NOSVr �s AV NHV-10 LU 1# # . . . . .-. . # # # # . #-. # 1 NAV QuoicloOM -♦, N '� un 31N3 a ♦ AM 9NId7V w 1 9rdi8 1S 31V1S w o 1 w a (D _ Z � � AV 7V81N30' LLLI w 1 N AV OV0811Va 1 4 # k#k k+ k k K E k k �iri�iar6 �e FW1A1�11AFa ioi, t Y t, U N8 # 1 i poiii��oo�i� oi 0 N AV l 3AV F r LU �j' i M O o IN AV,Z ?yL11ei#fAV O " �I NIdZ �l /i ,rrrro/Dorr�j �� W Oi N Y�V i J w 8 i d 6> r W �rrm i r O �p A N/ /niaiamoaamroaiar S AV D W RO � f F'�� LU U Co W # /000�////%rrrP/I//( l/�l0/r JrrO/�//////0i////////////////� S (� _ rl w U V S F� 8AV9 � (L p U) cc ♦♦ %////%//O/ N AV 9 W r r i r r F �♦. r r i- r r F r -r F r r + * ' ` U ♦ y //// 1 c r P �" AV N3�VN// moo i ioOiiiDOrrrrrrrrrrrrrrrrmUrr�///�� •Q �W �� 1 U) 1 C aLU AVNOS&AOHi M 7 1 y uivav o p sc 0 N W3 AV NOi9NIHSVM� L co 1 I� a 70 cmcm •O O O 1 A �y r••1 m m 1 O Q cm cm CD g 0 1 L0 N -o '() Q- U) ,� u71 �I V O Q E vj =1 ca � 1 p Cn 70 X FI w ' N C: w ¢ u�r1 � N G� U) CO ' 1 a o a � d 1 CC I� IIIIfIIIfri z m SAV h9 J 1 111; o 3 o z V i 0 O 9 < _ _ 1 AV NOSVP AV NHVl0 �:�j' .' - w , 1 NAa(18ddI004M Aryl 3Nld c i 31VI 1 AV IVHIN30� 6> 1 'N AV OV02dllaki 1 Il 1 CC # K k K k k k k F k k k k k E k k ,, k k # t� m C9 H N8 1 r Asia aaiiami iiivii� .. z N nv,4 m w fYAR, I, lliI N I CI ' � / S�naF W f l Il W l I l I l O J n N AV 6"'.i %Y i �ioo Aa of/ I ... / I milli Ir' S�' lµ Al w1 j urjLU XV p N naaiaiaiiimmaaia / nl z 1 � ' I' � �. ■ - N AV S �iimiiiiaaaaiiiiiaiaa 1 It I 1It SAVS ' No 7L � J_. 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W i z 1f r� O .0. ■ iamooi/i/ioaia/ 1 _ ♦ S AV S ' L7 LU m ♦♦ 6iii�i��aiiN AV ♦ + �; rr r -ram r � � r � r. F � w < UL in ♦ - - - - i i ♦ P I U ♦ ♦ AV NQSIpVW 4b AV N3�Vfy � .. -MOON❑ _ 20000000iiaiimiiiaiaaai/oioioial/iiaaaaaaaii///�d��� 1 a Z 1 � w U 1 U) LU AV NOSdAOHl OM U r 4 z 1 O Oa� n �, N I W <- AV NOlONIHSVMI 1 1 M co CO1 1 QI cm cm m I. 1I 1 C/] KJ •� (6 m m �.d O O O co a 1 rl r �1 N Q -o .0 .Q cn u u a E cn - w 1 U) + O U) 70 X 0_ w ¢ u l N 1 �y can CO a 15 ATTACHMENT D PAO Option #1 Original Proposal ORDINANCE NO. AN ORDINANCE of the City Council of the City of Kent, Washington, establishing a Planned Action for the Downtown Subarea Action Plan pursuant to the State Environmental Policy Act. RECITALS A. On May 14, 2012, the Economic & Community Development Committee recommended to the City Council passage of a resolution declaring an emergency under the Growth Management Act, RCW 36.70A.130(2)(b), and 12.02.010.A.1 Kent City Code, to pursue an amendment to the Kent Comprehensive Plan to revise the 2005 Downtown Strategic Action Plan. The City Council passed Resolution 1857 on June 5, 2012 declaring an emergency. B. The City of Kent has adopted a Comprehensive Plan complying with the GMA. C. To guide Downtown's growth and redevelopment, the City has engaged in extensive planning for the Downtown Subarea and has adopted amendments to its Comprehensive Plan including the Downtown Subarea Action Plan (DSAP) Update. The DSAP supports the City Council's vision 1 Planned Action Ordinance Downtown Subarea Ordinance 16 statement and strategies for the creation of richly diverse neighborhood urban centers. D. The State Environmental Policy Act (SEPA) and implementing rules provide for the integration of environmental review with land use planning and project review through designation of "Planned Actions" by jurisdictions planning under the Growth Management Act (GMA). E. The City approved a Planned Action Ordinance for a portion of the Downtown Subarea in 2002 and has largely completed those actions. F. The City desires to designate a new Planned Action for a portion of the Downtown Subarea. G. Designation of a Planned Action expedites the permitting process for subsequent, implementing projects whose impacts have been previously addressed in a Planned Action environmental impact statement (EIS), and thereby encourages desired growth and economic development. H. On October 9, 2012, the City's SEPA responsible official issued a Determination of Significance (DS)/Scoping Notice for the City of Kent Downtown Subarea Action Plan Planned Action Supplemental Environmental Impact Statement, solicited public comment through a November 1, 2012, open house meeting, and invited comments during the scoping period, which closed November 2, 2012. A Draft Supplemental Environmental Impact Statement (SEIS) was issued on June 21, 2013. The Draft SEIS was considered during a public hearing on the DSAP, which was held on July 8, 2013 and July 22, 2013. A Final Supplemental Environmental Impact Statement was issued on October 4, 2013. 2 Planned Action Ordinance Downtown Subarea Ordinance 17 I. The DSAP SEIS supplements the City of Kent Comprehensive Plan Review and Midway Subarea Planned Action Environmental Impact Statement completed in 2011 (2011 EIS). J. The City of Kent Downtown Subarea Action Plan Planned Action Supplemental EIS (referenced as the 2013 SEIS) and the 2011 EIS jointly identify impacts and mitigation measures associated with planned development in the Downtown area. Together these are referenced as the Combined DSAP Planned Action EIS. K. The City has adopted development regulations and ordinances that will help protect the environment, and is adopting regulations specific to the Downtown Subarea that will guide the allocation, form and quality of desired development. L. The Kent City Code (KCC) 11.03.020 provides for Planned Actions within the City. M. The City as lead agency provided public comment opportunities through a SEIS scoping period in October 2012, and for the DSAP Update in 2012 and 2013 as part of a coordinated DSAP public participation program. • Extensive community visioning was conducted through individual interviews, three neighborhood meetings, and two online surveys. • A Downtown Steering Committee consisting of community business and property owners, local developers, citizens, and city leadership, convened seven (7) times between July 2012 and April 2013 for the purpose of advising the DSAP update. • The Land Use and Planning Board held workshops on June 25, 2012, October 22, 2012, March 11, 2013, May 13, 2013, May 28, 2013, 3 Planned Action Ordinance Downtown Subarea Ordinance 18 and June 24, 2013, to review the DSAP update and associated comprehensive plan and zoning text and map amendments. On July 8, 2013, and July 22, 2013, the Land Use and Planning Board held a public hearing to consider the draft DSAP update, land use plan map amendments, rezones, comprehensive plan and zoning text amendments and the Draft SEIS. • The City conducted three briefings and meetings with the City Council's Economic & Community Development Committee on June 11, 2012, March 11, 2013, and October 14, 2013. • The City Council was briefed on the DSAP Update and recommendations at a workshop held on September 17, 2013. N. The City Council's Economic & Community Development Committee hosted a community meeting on October 14, 2013 consistent with RCW 43.21C.440(3)(b). 0. On June 19 and June 21, 2013, the City provided the State of Washington the required sixty (60) day notification under RCW 36.70A.106 for the DSAP Update, Land Use Plan and Zoning District Map Amendments, Draft Planned Action and Infill Exemption Ordinances. On July 23, 2013, the City provided the State of Washington the required sixty (60) day notification under RCW 36.70A.106 for the Mixed Use Overlay Code Amendments and code reference correction for downtown design guidelines. The sixty (60) day notice periods have lapsed. P. On October 4, 2013, the City's SEPA responsible official issued the Final Planned Action SEIS for the DSAP Update. 4 Planned Action Ordinance Downtown Subarea Ordinance 19 Q. After providing appropriate public notice, on November 12, 2013, the City Council's Economic & Community Development Committee for the City of Kent considered the planned action ordinance at a public hearing. NOW, THEREFORE, the City Council of the City of Kent, Washington ordains as follows: SECTION 1, - Recitals. The recitals set forth above are incorporated herein by reference. SECTION 2, - Purpose. The City of Kent declares that the purpose of this ordinance is to: A. Combine environmental analysis, land use plans, development regulations, Kent codes and ordinances together with the mitigation measures in the Combined DSAP Planned Action EIS to mitigate environmental impacts and process Planned Action development applications in the Planned Action Area. B. Designate the central Downtown Subarea shown in Exhibit A as a Planned Action Area for purposes of environmental review and permitting of subsequent, implementing projects pursuant to SEPA, RCW 43.21C.031. C. Determine that the 2013 SEIS prepared for the DSAP Update together with the 2011 EIS prepared for the Comprehensive Plan meet the requirements of a Planned Action EIS pursuant to SEPA (together referenced as the Combined DSAP Planned Action EIS). 5 Planned Action Ordinance Downtown Subarea Ordinance 20 D. Establish criteria and procedures, consistent with state law, that will determine whether subsequent projects within the Planned Action Area qualify as Planned Actions. E. Provide the public with information about Planned Actions and how the City will process implementing projects within the Planned Action Area. F. Streamline and expedite the land use permit review process by relying on the Combined DSAP Planned Action EIS. G. Apply the City's development regulations together with the mitigation measures described in the Combined DSAP Planned Action EIS and this Ordinance to address the impacts of future development contemplated by this Ordinance. SECTION 3, - Findinas. The City Council finds as follows: A. The City is subject to the requirements of the GMA (RCW 36.70A), and is applying the Planned Action to an Urban Growth Area (UGA). B. The City has adopted a Comprehensive Plan complying with the GMA, and is amending the Comprehensive Plan to incorporate a subarea plan specific to the Downtown. C. The City is adopting zoning and development regulations in a phased approach both concurrent with and subsequent to the DSAP Update to implement said Plan, including this ordinance. D. The Combined DSAP Planned Action EIS has been prepared for the Planned Action Area, and the City Council finds that the EIS adequately 6 Planned Action Ordinance Downtown Subarea Ordinance 21 identifies and addresses the probable significant environmental impacts associated with the type and amount of development planned to occur in the designated Planned Action Area. E. The mitigation measures identified in the Combined DSAP Planned Action EIS and attached to this ordinance as Exhibit B, incorporated herein by reference, together with adopted City development regulations, will adequately mitigate significant impacts from development within the Planned Action Area. F. The DSAP Update and 2013 SEIS identify the location, type and amount of development that is contemplated by the Planned Action. G. Future projects that are implemented consistent with the Planned Action will protect the environment, benefit the public and enhance economic development. H. The City provided several opportunities for meaningful public involvement in the DSAP Update and 2013 SEIS, including a community meeting prior to the publication of notice for the Planned Action Ordinance; has considered all comments received; and, as appropriate, has modified the proposal or mitigation measures in response to comments. I. Essential public facilities defined in RCW 36.70A.200(1) are excluded from the Planned Action and are not eligible for review or permitting as Planned Actions unless they are accessory to or part of a project that otherwise qualifies as a Planned Action. J. The Planned Action applies to a defined area that is smaller than the overall City boundaries. 7 Planned Action Ordinance Downtown Subarea Ordinance 22 K. Public services and facilities are adequate to serve the proposed Planned Action, with implementation of mitigation measures identified in the Combined DSAP Planned Action EIS. SECTION 4, — Procedures and Criteria for Evaluating and Determinina Planned Action Proiects within Planned Action Area. A. Planned Action Area. This Planned Action designation shall apply to the area shown in Exhibit A, incorporated herein by reference. B. Environmental Document. A Planned Action determination for a site-specific project application within the Planned Action Area shall be based on the environmental analysis contained in the Draft City of Kent Downtown Subarea Action Plan Planned Action SEIS issued by the City on June 21, 2013 and the Final SEIS published on October 4, 2013 together with the City of Kent Comprehensive Plan Review and Midway Subarea Planned Action EIS completed in 2011 (considered together to be the Combined DSAP Planned Action EIS). The 2011 Draft and Final EIS as supplemented by the SEIS documents shall comprise the Planned Action EIS for the Planned Action Area. The mitigation measures contained in Exhibit B and attached to this Ordinance are based upon the findings of the Combined DSAP Planned Action EIS and shall, along with adopted City regulations, provide the framework that the City will use to apply appropriate conditions on qualifying Planned Action Projects within the Planned Action Area. C. Planned Action Designated. Land uses and activities described in the Combined DSAP Planned Action EIS, subject to the thresholds described in subsection 4.D and the mitigation measures contained in 8 Planned Action Ordinance Downtown Subarea Ordinance 23 Exhibit B, are designated Planned Actions or Planned Action Projects pursuant to RCW 43.21C.440. A development application for a site-specific Planned Action Project located within the Planned Action Area shall be designated a Planned Action if it completes a SEPA Checklist and City application and evaluation form, and any other form required by the City, and meets the criteria set forth in Subsection 4.D of this Ordinance and all other applicable laws, codes, development regulations and standards of the City are met. D. Planned Action Thresholds. The following thresholds shall be used to determine if a site-specific development proposed within the Planned Action Area was contemplated as a Planned Action and has had its environmental impacts evaluated in the Combined DSAP Planned Action EIS: (1) Qualifying Land Uses. (a) Planned Action Categories: The following general categories/types of land uses are defined the Downtown Subarea Plan and are considered Planned Actions: i. Residential: High and medium density multifamily residential; townhouses; multiplexes; and higher density single-family detached dwellings; ii. Employment: Dense and varied retail, office, commercial, and service activities; iii. Civic, governmental, and recreational uses; iv. Mixed use development with housing, employment, civic, governmental, and recreational uses. (b) Planned Action Uses: A land use shall be considered a Planned Action Land Use when: 9 Planned Action Ordinance Downtown Subarea Ordinance 24 i. it is within the Planned Action Area as shown in Exhibit A; ii. it is within the one or more of the land use categories described in subsection 1(a) above; and iii. it is listed in development regulations applicable to the zoning classifications applied to properties within the Planned Action Area. A Planned Action may be a single Planned Action use or a combination of Planned Action uses together in a mixed use development. Planned Action uses include accessory uses. (c) Public Services: The following public services, infrastructure and utilities are also Planned Actions: i. Pedestrian, bicycle, transit, and road improvements identified in the 2013 SEIS. ii. Parks and recreation facilities and improvements identified in the 2013 SEIS. (2) Development Thresholds: (a) Land Use: The following amounts of various new land uses are contemplated by the Planned Action: Base Year Alternative 2 Moderate Growth (2031) Growth Type 2006 Total Net Growth Households 713 2,571 1,858 Jobs' 1,567 3,033 1,166 Total Activity Units:Jobs and Households 2,S60 5,604 3,024 Notes: 'Includes hotel rooms and university students as part of"jobs"consistent with the presentation of growth figures in the prior 2011 EIS.These elements makeup about 6-9%of the job totals depending on alternative. 2 Numbers in SEIS reflect formula results:above numbers are rounded. Source:City of Kent 2011 and 2012 25 (b) Shifting development amounts between land uses in D(2)(a) may be permitted when the total build-out is less than the aggregate amount of development reviewed in the 2013 SEIS; the traffic trips for Alternative 2 Moderate Growth are not exceeded; and, the development impacts identified in the 2013 SEIS are mitigated consistent with Exhibit B. (c) To be considered a planned action, where a proposal includes the construction of a new building, the minimum height shall be two stories. The maximum height shall be consistent with those studied in the Combined DSAP Planned Action EIS and applicable in the subject zoning district. (d) Further environmental review may be required pursuant to WAC 197-11-172, if any individual Planned Action or combination of Planned Actions exceed the development thresholds specified in this Ordinance and/or alter the assumptions and analysis in the Combined DSAP Planned Action EIS. (3) Transportation Thresholds: (a) Trip Ranges &Thresholds. The number of new PM peak hour trips anticipated in the Planned Action Area and reviewed in the 2013 SEIS is as follows: Trip Generation—Planned Action Ordinance Area Planned Action Area Alternative Trip Ends* Growth Compared to Existing Existing Conditions(2006) 2,200 0 Alternative 2 3,900 1,700 Note:"PM peak hour vehicle trips. Source:Fehr&Peers,2013 11 Planned Action Ordinance Downtown Subarea Ordinance 26 (b) Concurrency. All Planned Actions shall meet the transportation concurrency requirements and the LOS thresholds established in Chapter 12.11 KCC, as amended by the 2008 Transportation Master Plan, and the multimodal levels of service established in the 2013 DSAP SEIS. (c) Traffic Impact Mitigation. Until the 2008 Transportation Master Plan and impact fee ordinance is updated, all Planned Actions shall pay their cost per trip for the street, pedestrian, and bicycle improvements identified in Exhibit B as part of the DSAP Study Area fee program in addition to the 2008 Transportation Master Plan and associated impact fee program, chapter 12.14 KCC. (d) Discretion. The public works director or the director's designee shall have discretion to determine incremental and total trip generation, consistent with the Institute of Traffic Engineers (ITE) Trip Generation Manual (latest edition) or an alternative manual, accepted at the director's sole discretion, for each project permit application proposed under this Planned Action. (4) Elements of the Environment and Degree of Impacts. A proposed project that would result in a significant change in the type or degree of adverse impacts to any element(s) of the environment analyzed in the Combined DSAP Planned Action EIS shall not qualify as a Planned Action. (5) Changed Conditions. Should environmental conditions change significantly from those analyzed in the Combined DSAP Planned Action EIS, the City's SEPA Responsible Official may determine that the Planned Action designation is no longer applicable until supplemental environmental review is conducted. 12 Planned Action Ordinance Downtown Subarea Ordinance 27 E. Planned Action Review Criteria. (1) The City's SEPA Responsible Official may designate as "Planned Actions", pursuant to RCW 43.21C.440, applications that meet all of the following conditions: (a) the proposal is located within the Planned Action Area identified in Exhibit A of this ordinance; (b) the proposed uses and activities are consistent with those described in the 2013 SEIS and Section 4.D of this ordinance; (c) the proposal is within the Planned Action thresholds and other criteria of Section 4.D of this ordinance; (d) the proposal is consistent with the Kent Comprehensive Plan and the Downtown Subarea Action Plan; (e) the proposal's significant adverse environmental impacts have been identified in the Combined DSAP Planned Action EIS; (f) the proposal's significant impacts have been mitigated by application of the measures identified in Exhibit B, and other applicable City regulations, together with any modifications or variances or special permits that may be required; (g) the proposal complies with all applicable local, state and/or federal laws and regulations, and the SEPA Responsible Official determines that these constitute adequate mitigation; and (h) the proposal is not an essential public facility as defined by RCW 36.70A.200(1), unless the essential public facility is accessory to or part of a development that is designated as a Planned Action under this ordinance. 13 Planned Action Ordinance Downtown Subarea Ordinance 28 (2) The City shall base its decision on review of a SEPA checklist, or an alternative form approved in accordance with SEPA laws and rules, and review of the Planned Action application and evaluation form and supporting documentation. (3) A proposal that meets the criteria of this section shall be considered to qualify and be designated as a Planned Action, consistent with the requirements of RCW 43.21C.440, WAC 197-11-164 et seq, and this ordinance. F. Effect of Planned Action. (1) Designation as a Planned Action Project by the SEPA Responsible Official means that a qualifying proposal has been reviewed in accordance with this Ordinance and found to be consistent with the development parameters and thresholds established herein, and with the environmental analysis contained in the Combined DSAP Planned Action EIS. (2) Upon determination by the City's SEPA Responsible Official that the proposal meets the criteria of Section 4.D and qualifies as a Planned Action, the proposal shall not require a SEPA threshold determination, preparation of an EIS, or be subject to further review pursuant to SEPA. G. Planned Action Permit Process. Applications for Planned Actions shall be reviewed pursuant to the following process: 14 Planned Action Ordinance Downtown Subarea Ordinance 29 (1) Development applications shall meet all applicable requirements of the Kent City Code (KCC). Applications for Planned Actions shall be made on forms provided by the City and shall include the SEPA checklist. (2) The City's SEPA Responsible Official shall determine whether the application is complete as provided in Chapter 12.01 KCC. (3) If the application is for a project within the Planned Action Area defined in Exhibit A, the application will be reviewed to determine if it is consistent with the criteria of this ordinance and thereby qualifies as a Planned Action Project. (a) The decision of the City's SEPA Responsible Official regarding consistency of a project as a Planned Action is a Type 1 decision. The SEPA Responsible Official shall notify the applicant of his/her decision. (b) If the project is determined to qualify as a Planned Action, it shall proceed in accordance with the applicable permit review procedures specified in Chapter 12.01 KCC, except that no SEPA threshold determination, EIS or additional SEPA review shall be required. (c) Notice of the application for a Planned Action Project shall be consistent with Chapter 12.01 KCC. (4) If notice is otherwise required for the underlying permit, the notice shall state that the project has qualified as a Planned Action. If notice is not otherwise required for the underlying permit, no special notice is required by this ordinance. (5) To provide additional certainty about applicable requirements, the City or applicant may request consideration and execution of a development agreement for a Planned Action Project, consistent with RCW 36.7013.170 et seq. 15 Planned Action Ordinance Downtown Subarea Ordinance 30 (6) If a project is determined to not qualify as a Planned Action, the SEPA Responsible Official shall so notify the applicant and prescribe a SEPA review procedure consistent with the City's SEPA regulations and the requirements of state law. The notice shall describe the elements of the application that result in failure to qualify as a Planned Action. (7) Projects that fail to qualify as Planned Actions may incorporate or otherwise use relevant elements of the Combined DSAP Planned Action EIS, as well as other relevant SEPA documents, to meet their SEPA requirements. The SEPA Responsible Official may limit the scope of SEPA review for the non-qualifying project to those issues and environmental impacts not previously addressed in the Combined DSAP Planned Action EIS. SECTION S. — Monitorina and Review. A. The City should monitor the progress of development in the designated Planned Action Area as deemed appropriate to ensure that it is consistent with the assumptions of this ordinance regarding the type and amount of development and associated impacts addressed in the Combined DSAP Planned Action EIS, and with the mitigation measures and improvements planned for the Planned Action Area in Exhibit B. B. This Planned Action Ordinance shall be reviewed by the SEPA Responsible Official no later than five years from its effective date. The review shall determine the continuing relevance of the Planned Action assumptions and findings with respect to environmental conditions in the Planned Action Area, the impacts of development, and required mitigation measures. Based upon this review, the City may propose amendments to this ordinance and/or may supplement or revise the Combined DSAP Planned Action EIS. 16 Planned Action Ordinance Downtown Subarea Ordinance 31 SECTION 6, — Corrections by City Clerk or Code Reviser. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; ordinance, section, or subsection numbering; or references to other local, state or federal laws, codes, rules, or regulations. SECTION 7, — Severability. If any one or more section, subsection, or sentence of this ordinance is held to be unconstitutional or invalid, that decision shall not affect the validity of the remaining portion of this ordinance and that remaining portion shall maintain its full force and effect. SECTIONS. — Effective Date. This ordinance shall be in force five (5) days after its passage and publication, as provided by law. SUZETTE COOKE, MAYOR ATTEST: RONALD F. MOORE, CITY CLERK APPROVED AS TO FORM: ARTHUR "PAT" FITZPATRICK, ACTING CITY ATTORNEY PASSED: day of , 2013. 17 Planned Action Ordinance Downtown Subarea Ordinance 32 APPROVED: day of 2013. PUBLISHED: day of 2013. I hereby certify that this is a true copy of Ordinance No. passed by the City Council of the City of Kent, Washington, and approved by the Mayor of the City of Kent as hereon indicated. (SEAL) RONALD F. MOORE, CITY CLERK S:\Permit\Plan\COMP_PLAN_AMENDMENTS\2012\CPA-2012-1 Downtown\PAO_Infi Il\FlN L_PAO_Ord.Doa 18 Planned Action Ordinance Downtown Subarea Ordinance 33 EXHIBIT A PLANNED ACTION AREA Downtown Subarea = �I+ Action Plan ; ILegend + ♦�n ��.{ PSAP Slu dy p.res f ♦♦ � t ♦ I //r Pla nn ed Rchion Area i ♦ Tax Parcels 2012 I ♦♦ H ♦ II ♦ „r KbNT ♦ I ucsTeb+ � ♦ � r - 14 cry— 2PRE r r µ P Jr �r / r ri /r/% r/rr � ULJWfF] F®" r %/i1/ rj�r G r r fu l- �♦ Exhibit A 19 34 EXHIBIT B COMBINED DSAP PLANNED ACTION EIS MITIGATION MEASURES Section B-1. Mitigation Required for Development Applications INTRODUCTION The City of Kent issued the Draft Downtown Subarea Action Plan Planned Action SEIS on June 21, 2013 and the Final SEIS on October 4, 2013 (referenced as the 2013 SEIS). Previously, the City completed the City of Kent Comprehensive Plan Review and Midway Subarea Planned Action EIS in 2011 (referenced as the 2011 EIS). The Draft and Final EIS as supplemented by the SEIS documents comprise the Combined DSAP Planned Action EIS for the Planned Action Area (see Exhibit A). The Combined DSAP Planned Action EIS has identified significant beneficial and adverse impacts that are anticipated to occur with the future development of the Planned Action Area, together with a number of possible measures to mitigate those significant adverse impacts. Please see the Combined DSAP Planned Action EIS for a description of impacts, mitigation measures,and significant unavoidable adverse impacts. A Mitigation Document is provided in this Exhibit Section B-1, and it establishes specific mitigation measures, based upon significant adverse impacts identified in the Combined DSAP Planned Action EIS. The mitigation measures in this Exhibit B-1 shall apply to future development proposals which are consistent with the Planned Action scenarios reviewed in the Combined DSAP Planned Action EIS, and which are located within the Downtown Subarea Action Plan Planned Action Area (see Exhibit A). Exhibits B-2 and B-3 provide advisory notes on applicable regulations and commitments and city actions for monitoring purposes and may be consulted as appropriate. Where a mitigation measure includes the words "shall" or"will," inclusion of that measure in project plans is mandatory in order to qualify a project as a Planned Action. Where "should" or "would" appear, the mitigation measure may be considered by the project applicant as a source of additional mitigation, as feasible or necessary, to ensure that a project qualifies as a Planned Action. Unless stated specifically otherwise, the mitigation measures that require preparation of plans, conduct of studies, construction of improvements, conduct of maintenance activities, etc., are the responsibility of the applicant or designee to fund and/or perform. Exhibit B 20 35 MITIGATION MEASURES Notes Land Use Patterns The following mitigation measures shall be applied to Planned Actions: 1. Solar Access: Until superseded by amended design standards or guidelines in the Kent City Code, solar access for public pedestrian spaces, pedestrian/bicycle pathways, parks, schools and other areas sensitive to shading shall be preserved by requiring upper-story or ground-level setbacks for adjacent development. To the greatest extent possible, new development shall minimize casting shadows on public spaces during their primary hours of daytime use. 2. Public Views: The City may condition Planned Actions to incorporate site design measures that preserve significant public views from public areas. Transportation This section applies measures to mitigate the impacts of new development on transportation infrastructure, including streets, pedestrian facilities, bicycle facilities, and transit infrastructure and services. Until the 2008 Transportation Master Plan and impact fee ordinance are updated, all Planned Actions shall pay their cost per trip for the street, pedestrian, and bicycle improvements identified below as part of the DSAP Study Area fee program in addition to the 2008 Transportation Master Plan and associated impact fee program, KCC 12.14 Transportation Impact Fees. 3. Street Mitigation Measures Table 1 summarizes the street mitigation projects that have been identified for the DSAP Study Area. The cost is shared between development inside the Planned Action Area and outside the Planned Action Area. The Planned Action Area cost per trip is shown in Mitigation Measure 6. Table 1. Street Mitigation Measures—Alternatives 2 Location Description Cost Estimate' Meeker Street&4th Restripe roadway to reduce width of Avenue westbound receiving lane and allow $5,000-$10,000 eastbound left turn pocket Notes: 1. The costs shown are estimates only and would vary based on the specific needs of each project. Fehr&Peers,2013 Exhibit B 21 36 MITIGATION MEASURES Notes 4. Pedestrian Mitigation Measures Key arterial and collector sidewalk links are identified in the 2013 SEIS and could be used by all pedestrians within Downtown Kent. In addition, there are several sidewalk need areas along local streets in Downtown Kent. Sidewalks will be completed by new development consistent with the City's frontage design standards. Specifically, under a" a'e a eF„�R the preferred alternative (Alternative 2), development within the Planned Action Area will be responsible for a cost of $340,000 to $470,000. Each new development's proportional share will be calculated based on the amount and type of land use proposed. The following sidewalk segments in Table 2 are identified for improvement in the Planned Action Area. The cost per trip is identified in Mitigation Measure 6. Table 2. Sidewalk Improvements—Alternatives 2 Planned Action Area Roadway Classification Feet of Sidewalk Cost Estimate Principal Arterial 1,220 $290,000-$400,000 Minor Arterial 200 $50,000-$70,000 Collector N/A N/A Total 1,420 $340,000-$470,000 Note:The costs shown are estimates only and would vary based on the specific needs of each project. Fehr&Peers,2013 5. Bicycle Mitigation Measures Bicycle facilities identified in the 2013 SEIS are needed to complete the 2008 Transportation Master Plan. The bicycle routes will serve the needs of all Downtown travelers. New development will share the cos of implementing these facilities. Specifically, under a" a'• es he preferred alternative Alterna ive2 development within the Planned Action Area will be responsible for a cost of $28,000. Each new development's proportional share shall be calculated based on the amount and type of land use proposed. The cost per trip is identified in Mitigation Measure 6. The following bicycle segments in Table 3 are identified for improvement. 37 MITIGATION MEASURES Notes 6. Planned Action Per Trip Fee to Implement Street, Pedestrian, and Bicycle Improvements Table 4 Includes the Planned Action Area costs per trip based on the estimates included in Mitigation Measures 3-5 for Alternatives 2. For those estimates that were given as a range,the tables below use the upper end of the range. Table 4.Alternative 2 -Mitigation Measure Cost Estimates per Trip Planned Action Area Mitigation Measure Type 1,700 Trip Growth over Existing Cost Cost per Trip Street $3,100, $1.62 Pedestrian $470,000 $276.47 Bicycle $28,000 $16.47 Total $501,100 $294.76 Notes: 1. The total cost of$10,000 is shared proportionately between the Planned Action Area and Infill Exemption Areas according to the number of trips generated(31 percent by the Planned Action Area and 69 percent bythe Infill Exemption Area). Fehr&Peers,2013 7. Transit: New development shall be required to provide convenient pedestrian connections to bus stops. Parks Until such time as the City adopts a new Parks and Open Space Plan, and adopts Kent City Code amendments addressing public and private open space and recreation standards and requirements applicable to the Planned Action Area, the following mitigation measures shall apply. Following adoption of a new Parks and Open Space Plan Kent City Code amendments such standards shall supersede the measures below. 8. Urban Park Space: Each Planned Action shall dedicate onsite two hundred and fifty (250) square feet of public park area per dwelling unit or provide a fee in lieu of dedication consistent with Mitigation Measure 10. 9. Private Onsite Recreation and Open Space: Each Planned Action shall provide private onsite recreation space for leisure, play, and sport activities at a ratio of two hundred (200) square feet per dwelling unit. Each residential or mixed-use development is required to provide the private space in one or more of the following arrangements. • An individual balcony or screened patio for each unit • Small, shared courtyards and a furnished children's play area Exhibit B 23 38 MITIGATION MEASURES Notes • Roof-top open space—roof garden or game court The recreation space proposed by the applicant shall be approved by the parks and community services director. Alternatively up to fifty percent (50%) of the private open space may be accomplished offsite or through a fee in lieu consistent with Mitigation Measure 10. 10. Through a negotiated voluntary agreement the City may allow fifty percent (50%) of the private recreation space and 100%of the public recreation space in Mitigation Measures 9 and 10 to be: 1) accomplished offsite as approved by the parks and community services director; or 2) a fee- in-lieu of providing the space onsite following the procedures in KCC 12.04.065. Air Quality 11. The City shall require all construction contractors to implement air quality control plans for construction activities. The air quality control plans will include best management practices (BMPs) to control fugitive dust and odors emitted by diesel construction equipment, including but not limited to the following measures. A. Develop a fugitive dust control plan. B. Use water sprays or other non-toxic dust control methods on unpaved roadways. C. Minimize vehicle speed while traveling on unpaved surfaces. D. Prevent track out of mud onto public streets. E. Cover soil piles when practical. F. Minimize work during periods of high winds when practical. G. Maintain the engines of construction equipment according to manufacturers'specifications. H. Minimize idling of equipment while the equipment is not in use. I. Burning of slash or demolition debris will not be permitted without express approval from the Puget Sound Clean Air Agency (PSCAA). No slash burning is anticipated for any construction projects in the study area. 12. The City shall require Planned Action applicants to identify the reduction measures in Table 5 that are being implemented in their projects, and explain why other measures found in the table are not included or are not applicable. The City shall, as appropriate, condition Planned Action applications to incorporate reduction measures determined (by the City based on the development application) feasible and appropriate for site conditions. Exhibit B 24 39 MITIGATION MEASURES Notes Table 5. Potential Greenhouse Gas Reduction Measures Reduction Measures Comments Site Design Plant large-caliper trees and mature vegetation near Trees and vegetation that directly shade buildings structuresto shade buildings decrease demand for air conditioning.By reducing energy demand,trees and vegetation decrease the production of associated air pollution and GHG emissions.They also remove air pollutants and store and sequester carbon dioxide.Thus trees and vegetation reduce onsite fuel combustion emissions and purchased electricity plus enhance carbon sinks. Minimize building footprint. Reduces onsite fuel combustion emissions and purchased electricity consumption,materials used, maintenance,land disturbance,and direct construction emissions. Design water efficient landscaping. Minimizes water consumption,purchased energy,and upstream emissionsfrom water management. Minimize energy use through building orientation. Reduces onsite fuel combustion emissions and purchased electricity consumption Building Design and Operations Apply LEED(Leadership in Energy and Environmental Reduces onsite fuel combustion emissions and Design)standards(or equivalent)for design and operations offsite/indirect purchased electricity,water use,waste disposal Purchase Energy Star equipment and appliancesfor public Reduces onsite fuel combustion emissions and agency use. purchased electricity consumption Incorporate onsite renewable energy production,including Reduces onsite fuel combustion emissions and installation of photovoltaic cells or other solar options. purchased electricity consumption. Design street lights to use energy efficient bulbs and fixtures Reduces purchased electricity. Construct"green roofs'and use high-albedo roofing Reduces onsite fuel combustion emissions and materials. purchased electricity consumption Install high-efficiency HVAC systems. Minimizes fuel combustion and purchased electricity consumption. Eliminate or reduce use of refrigerants in HVAC systems. Reduces fugitive emissions. Compare refrigerant usage before/after to determine GHG reduction. Maximize interior day lighting through floor plates, Increases natural/day lighting initiatives and reduces increased building perimeter and use of skylights, purchased electrical energy consumption. clerestories and light wells. Incorporate energy efficiency technology such as:super Reduces fuel combustion and purchased electricity insulation motion sensors for lighting and climate control consumption. efficient,directed exterior lighting Exhibit B 25 40 MITIGATION MEASURES Notes Reduction Measures Comments Use water conserving fixtures that surpass building code Reduces water consumption. requirements. Re-use gray water or collect and re-use rainwater. Reduces water consumption with its indirect upstream electricity requirements. Recycle demolition debris and use recycled building Reduces extraction of purchased materials,possibly materials and products. reduces transportation of materials,encourages recycling and reduction of solid waste disposal. Use building materials that are extracted or manufactured Reduces transportation of purchased materials within the region. Use rapidly renewable building materials. Reduces emissions from extraction of purchased materials Conduct 3rd party building commissioning to ensure energy Reduces fuel combustion and purchased electricity performance. consumption. Track energy performance of building and develop strategy Reduces fuel combustion and purchased electricity to maintain efficiency. consumption. Transportation Size parking capacity to not exceed local parking Reduced parking discourages auto dependent travel, requirements and,where possible,seek reductions in encouraging alternative modes such as transit,walking, parking supply through special permits or waivers. biking etc. Reduces direct and indirect vehicle miles travelled (VMT) Develop and implement a marketing/information program Reduces direct and indirect VMT that includes posting and distribution of ridesharing/transit information. Subsidize transit passes. Reduce employee trips during Reduces employee VMT peak periods through alternative work schedules, telecommuting,or flex-time. Provide a guaranteed ride home program. Provide bicycle storage and showers/changing rooms. Reduces employee VMT Utilize traffic signalization and coordination to improve Reduces transportation emissions and VMT traffic flow and support pedestrian and bicycle safety. Apply advanced technology systems and management Reduces emissions from transportation by minimizing strategies to improve operational efficiency of local streets. idling and maximizing transportation routes/systems for fuel efficiency. Develop shuttle systems around business district parking Reduces idling fuel emissions and direct and indirect garagesto reduce congestion and create shorter commutes. VMT Source:City of Kent 2011 Exhibit B 26 41 MITIGATION MEASURES Notes Water Resources 13. By December 31, 2016, regulations will be in place to address water quality treatment and promote low impact development measures that are equivalent to the 2012 Department of Ecology Western Washington Stormwater Management Manual. Prior to 2016, the City shall require that applicants identify any low impact development (LID) techniques described in the 2012 Ecology manual and demonstrate why unincorporated LID techniques are not feasible. Flow reduction credits provided in the Ecology stormwater manual for use in LID facilities will translate into smaller stormwater treatment and flow control facilities over those which use conventional methods. In certain cases, use of various LID techniques can result in elimination of stormwater mitigation facilities entirely. As part of required land use, building, or construction permits, the City may condition applications to incorporate feasible and site- appropriate LID techniques. Noise 14. To reduce construction noise at nearby receptors, the following mitigation measures shall be incorporated into construction plans and contractor specifications: A. Locating stationary equipment away from receiving properties will decrease noise from that equipment. B. Erecting portable noise barriers around loud stationary equipment located near sensitive receivers will reduce noise. C. Limiting construction activities between 10:00 p.m. and 7:00 a.m. to avoid sensitive nighttime hours. D. Turning off idling construction equipment to eliminate unnecessary noise. E. Requiring contractors to rigorously maintain all equipment to potentially reduce noise effects. F. Training construction crews to avoid unnecessarily loud actions (e.g., dropping bundles of rebar onto the ground or dragging steel plates across pavement) near noise-sensitive areas to reduce noise effects. 15. At its discretion,the City may require all prospective Planned Action developers to use low-noise mechanical equipment adequate to ensure compliance with the City's daytime and nighttime noise ordinance limits. Depending on the nature of the proposed development, the City may require the developer to conduct a noise impact study to forecast future noise levels and to specify appropriate noise control measures. Exhibit B 27 42 MITIGATION MEASURES Notes 16. To address traffic and transit noise, the City may, at its discretion, require new residential development to install triple-pane glass windows or other building insulation measures using its authority under the Washington State Energy Code (KCC 14.01.010). Cultural Resources 17. In the event that a future development project in the study area is proposed on or immediately surrounding a site containing an archaeological resource, as defined in Chapter 27.53 RCW, the potential impacts on the archaeological resource shall be considered and, if needed, a study conducted by a professional archaeologist shall be required to be conducted at the applicant's expense to determine whether the proposed development project would materially impact the archaeological resource. 18. If the impacts on archaeological resources cannot be avoided, the City shall require that an applicant obtain all appropriate permits consistent with state and federal laws and that any required archaeological studies are completed before permitting any project that would disturb archaeological resource(s). Under Chapter 27.53 RCW, a permit must be obtained from the department of archaeology and historic preservation (DAHP) prior to disturbing a known archaeological resource or site. The avoidance of archaeological resources through selection of project alternatives and changes in design of project features in the specific area of the affected resource(s) would eliminate the need for measuring or mitigating impacts. 19. Developers and property owners shall immediately stop work and notify the City, DAHP, and affected tribes if archaeological resources are uncovered during excavation. Following such notification, the City may require implementation of Mitigation Measures 17 and 18. 20. If impacts cannot be avoided on a historic resource that is determined eligible for listing on either state or national historic registers, the applicant shall consult with DAHP regarding mitigation options and shall provide documentation of consultation to the City. 21. To include DAHP in the review of historic properties within the Planned Action Area, the City will notify the state historic preservation officer (SHPO) regarding proposals involving eligible or designated historic properties through the evaluation of proposals under the Planned Action Ordinance consistent with Chapter 12.01 KCC. Exhibit B 28 43 Section B-2. Advisory Notes to Applicants: Applicable Regulations The Combined DSAP Planned Action EIS identifies specific regulations that act as mitigation measures. These are summarized below by EIS topic. All applicable federal, state, and local regulations shall apply to Planned Actions. Planned Action applicants shall comply with all adopted regulations where applicable including those listed in the EIS and those not included in the EIS. TOPIC/REGULATION Notes EARTH • The Kent Critical Areas Ordinance (KCC 11.06) would apply to development and redevelopment in the Study Area. For example, KCC 11.06.760.E.1.b of the code specifies the following mitigation required for seismic hazard areas: Mitigation based on the best available engineering and geotechnical practices shall be implemented which either eliminates or minimizes the risk of damage, death, or injury resulting from seismically induced settlement or soil liquefaction. Mitigation shall be consistent with the requirements of Ch. 14.01 KCC and shall be approved by the building official. • The Kent Surface Water and Drainage Code (KCC 7.07) requires a drainage plan for surface and pertinent subsurface water flows entering, flowing within and leaving the subject property both during and after construction, and would address measures to minimize erosion. • The International Building Code (KCC Chapter 14.01 Building Codes) includes standards intended to reduce risks associated with seismic activity,and it allows the City to require geotechnical studies. • The City administers grading permits through various codes (e.g. the construction standards in KCC Chapter 6.02 Required Infrastructure Improvements). AIR QUALITY • All stationary emissions sources associated with new commercial facilities will be required to register with PSCAA(Regulation I and Regulation II). Exhibit B 29 44 TOPIC/REGULATION Notes • As part of future project-specific NEPA documentation for individual new roadway improvement projects, the City will be required to conduct CO hot-spot modeling (as required under WAC 173-420) for state-funded or federally-funded projects to demonstrate that the projects would not cause localized impacts related to increased CO emissions from vehicle tailpipes at congested intersections. • Mobile source air toxics include benzene, 1,3-butadiene, formaldehyde, acetaldehyde, acrolein, polycyclic organic matter (POM), naphthalene, and diesel particulate matter. Because of potential health and environmental effects, the US Environmental Protection Agency developed a rule in 2007 to reduce hazardous air pollutants from mobile sources. The rule will limit the benzene content of gasoline and reduce toxic emissions from passenger vehicles and gas cans. The rule is expected to reduce total emissions of mobile source air toxics by 330,000 tons as well as reduce other emissions (such as precursors to ozone and PM2.5). (EPA September 2012) WATER • In Washington, compliance with the federal Clean Water Act is administered by the Washington State Department of Ecology (Ecology). Development and redevelopment projects would generally be covered by and subject to the restrictions of National Pollutant Discharge and Elimination System (NDPES) construction permits. • The Washington State Hydraulic Code Rules (WAC 220-110) apply to any project that takes place within or over the bed and banks of waters of the state. Aquatic projects require a hydraulic project approval (HPA) from the Washington Department of Fish and Wildlife (WDFW). • All alternatives would be subject to existing policies and regulations enacted to avoid, reduce, or minimize impacts on natural environment. These regulations include the Kent Critical Areas Code (KCC 11.06) addressing wetlands, streams, wildlife and fisheries habitat, geologic hazard areas, frequently flooded areas, and aquifer recharge areas. Adverse impacts on critical areas must be mitigated and the mitigation sequence applied is avoidance, minimization, and mitigation per the Kent Critical Areas Code (KCC 11.06.550). Exhibit B 30 45 TOPIC/REGULATION Notes • KCC 14.09, Flood Hazard Regulations, regulates building in special flood hazard areas and requires building standards to protect structures from flood damage as well as requires compensation for loss of flood storage. Any development or redevelopment would be subject to these rules. • The Kent Surface Water and Drainage Code (KCC 7.07) would apply to development and redevelopment in the Study Area. • All development is required to comply with the standards set forth in the Kent Surface Water Design Manual (City of Kent 2002). These standards have been adjusted to meet equivalency requirements of the Washington State Department of Ecology's Stormwater Management Manual for Western Washington (2005). Section 5.8 of the City of Kent 2009 Design and Construction Standards encourages the use of non-structural preventive actions and source reduction approaches such as Low Impact Development (LID) techniques, measures to minimize the creation of impervious surfaces, and measures to minimize the disturbance of native soils and vegetation. The city recognizes that LID techniques are not practical for all locations, depending on soil type and other factors. Approval for LID techniques will be on a case-by-case basis. PLANTS • All alternatives would be subject to existing policies and regulations enacted to avoid, reduce, or minimize impacts on the natural environment. These regulations include the Kent Critical Areas Code (KCC 11.06). Adverse impacts on critical areas must be mitigated and the mitigation sequence applied is avoidance, minimization, and mitigation per the Kent Critical Areas Code (KCC 11.06.550). • KCC Chapter 15.07, Landscaping Regulations, provides landscape standards for the perimeter of properties, parking areas, and transition areas between higher intensity zones and lower density zones. ANIMALS • Projects with federal nexus are subject to review and interagency consultation under Section 7 of the federal Endangered Species Act (ESA). Federal review applies to any project with federal nexus, such as projects with federal funding or that require federal permits. Impacts on ESA listed species must be avoided and minimized, and in some cases mitigation is required. Exhibit B 31 46 TOPIC/REGULATION Notes • All alternatives would be subject to existing policies and regulations enacted to avoid, reduce, or minimize impacts on natural environment. These regulations include the Kent Critical Areas Code (KCC 11.06) addressing wetlands, streams, wildlife and fisheries habitat, geologic hazard areas, frequently flooded areas, and aquifer recharge areas. Adverse impacts on critical areas must be mitigated and the mitigation sequence applied is avoidance, minimization, and mitigation per the Kent Critical Areas Code (KCC 11.06.550). • See also stormwater and drainage regulations. ENERGY AND NATURAL RESOURCES • The City has adopted the Washington State Energy Code in KCC Chapter 14.01, Building Codes. ENVIRONMENTAL HEALTH • The Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) established prohibitions and requirements concerning closed and abandoned hazardous waste sites. The act provides funding and governs cleanup of identified contaminated Superfund sites. • The Model Toxics Control Act (MTCA) sets standards for cleanup of lower levels of contaminants that are incorporated into new development and redevelopment parcels noted to have contamination potential. • The City of Kent specifically regulates hazardous substances or waste through performance standards contained in KCC 15.08.050. Future site- specific activities will comply with City Fire and Zoning Codes. NOISE • Certain noise-control measures would be required to comply with current City regulations (Chapter 8.05 KCC). Chapter 8.05 of the KCC establishes limits on the noise levels and durations of noise crossing property boundaries. Permissible noise levels at a receiving land use depend on its environmental designation for noise abatement (EDNA). These required measures would be the use of low-noise mechanical equipment at office and retail facilities adequate to comply with the City noise ordinance limits. Exhibit B 32 47 TOPIC/REGULATION Notes • If nighttime construction is requested by developers, then a noise control study would need to be submitted for City approval, demonstrating compliance with the City's nighttime noise ordinance limits. • Any roadway improvements in the Kent Planning Area that use state or federal funding would be required to prepare a traffic noise analysis to identify noise impacts at noise sensitive receivers and to assess whether state or federal funds could be used to abate identified impacts. • City rules for the EDNA system in WAC 173-60 fully exempts railroad noise (KCC 8.05.140 Other exemptions) • State rules, WAC 173-60, exempt railroad noise,except at night. • Federal regulations address railroad noise emissions, particularly noise defective railroad equipment. LAND USE AND AESTHETICS • Downtown Design Review Guidelines (2003): Design review guidelines set parameters for review, and give guidance to City staff performing administrative reviews of new development proposals. The guidelines address a broad range of urban design topics, including context-sensitive site planning, pedestrian amenities, parking lot landscaping, human- scaled architectural design,and building materials and details. • KCC 15.04.200, 205: Contain design guidelines, development standards, and conditions for development within areas covered by a mixed-use overlay, such as GC-MU. These design guidelines and development standards include limits on FAR, site coverage, and height, as well as setback and parking requirements. • KCC 15.08.210: Addresses the buffer between commercial or industrial districts, and residential zoning districts. Development standards include additional setbacks, building offsets, parking, noise, glare, landscaping, heights,and building size. • KCC 15.08.215: Addresses multifamily transition standards where multifamily residential districts abut single family districts. Development standards include additional setbacks, building offsets, and heights, as well as landscaping. Exhibit B 33 48 TOPIC/REGULATION Notes HOUSING • Any housing proposed for the study area will be in compliance with the City of Kent land use and development codes, and Title 14, Buildings and Construction. LIGHT AND GLARE • A purpose of the City's Landscape Regulations in KCC Chapter 15.07 is to buffer dwelling units from light and glare. • The Downtown Design Guidelines include "Site Design for Safety' measures that adress confining site lighting to the project site. RECREATION • The City's 2010 Park & Open Space Plan provides policies and recommended parks improvements. • The Downtown Design Guidelines and Standards require new development to locate corner buildings with a setback to allow for the corner to be a pedestrian attractive use (e.g. outdoor dining). • The Downtown Design Guidelines require residential open space such as individual balconies,shared courtyards, or rooftop space. CULTURAL RESOURCES • Chapter 14.12 of the KCC adopts King County Code Chapter 20.62 to designate and act as a landmarks commission for Kent. • Washington State has a number of laws that oversee the protection and proper excavation of archaeological sites (RCW 27.53, WAC 25-48), human remains (RCW 27.44), and historic cemeteries or graves (RCW 68.60). Under RCW 27.53, DAHP regulates the treatment of archaeological sites on both public and private lands and has the authority to require specific treatment of archaeological resources. All precontact resources or sites are protected, regardless of their significance or eligibility for local, state, or national registers. Historic archaeological resources or sites are protected unless DAHP has made a determination of"not-eligible" for listing on the WHR and the NRHP. Exhibit B 34 49 TOPIC/REGULATION Notes • The Governor's Executive Order 05-05 requires state agencies to integrate DAHP, the Governor's Office of Indian Affairs, and concerned tribes into their capital project planning process. This executive order affects any capital construction projects and any land acquisitions for purposes of capital construction not undergoing Section 106 review under the National Historic Preservation Act of 1966. TRANSPORTATION • Through Chapter 6.12 KCC, Kent requires employers of a certain size to encourage employees to reduce vehicle miles of travel and single- occupant vehicle commute trips. • Chapter 6.02 KCC requires developers to install public infrastructure improvements as conditions of permit. Infrastructure improvements include, but are not limited to rights-of-way and paved streets, street lighting systems; curbs, gutters, sidewalks, and landscaping; storm drainage systems; sanitary sewer systems; domestic water and fire systems; traffic control systems; and conduit for fiber optic systems. • Chapter 12.11 KCC sets forth specific standards providing for city compliance with the concurrency requirements of the Washington State Growth Management Act (GMA) and for consistency between city and countywide planning policies under the GMA. This chapter establishes a transportation concurrency management system (TCMS) to ensure that the necessary facilities or programs needed to maintain a minimum level of service can be provided simultaneous to, or within a reasonable time of new development as required in the GMA. • The City of Kent Transportation Master Plan includes capital improvement projects designed to help the City maintain transportation concurrency. • Chapter 12.14 KCC requires development to pay its fair share for capital improvement projects in the City's Transportation Master Plan and provides guidance for how impact fees are to be assessed. PUBLIC SERVICES • The City will monitor growth and demand through its regular Comprehensive Plan reviews, capital facility plan preparation, and budget process. Exhibit B 35 50 TOPIC/REGULATION Notes • Service providers could add facilities and staff to serve the growing population. Service providers should monitor growth and demand through their regular planning and budgeting processes. • The Kent Regional Fire Authority will apply its Concurrency Management Plan process to new development permits. • The Downtown Design Guidelines include safety measures such as "eyes on the street" and "safe landscaping designs" that are based on Crime Prevention through Environmental Design concepts. • KCC Title 13 contains the City's fire code and enforcement provisions. • The City assesses school impact fees to help school districts pay for a development's proportionate share of school district facilities serving the development. The City collects impact fees for the Kent School District that serves the Study Area (KCC 12.13). UTILITIES • Utilities will monitor growth and demand through their regular capital facility planning and budgeting processes. • The City will apply adopted functional plans for sewer and water systems. • The King County Solid Waste Management Plan includes measures to help facilitate and increase the amount of recyclable materials being diverted from the waste stream. These measures should reduce the amount of waste going to landfills via transfer stations and residential/commercial collection. Exhibit B 36 51 Section B-3: Public Agency Actions and Commitments Under some elements of the environment, specific City or other agency actions are identified. Generally, incorporation of these actions is intended to provide for consistency within the Comprehensive Plan or between the Plan and implementing regulations; to document pending City actions; to establish a protocol for long-term measures to provide for coordination with other agencies; or to identify optional actions that the City may take to reduce impacts. These actions are listed below, organized by the pertinent EIS element of the environment in which they are discussed. This Section B-3 will be used in the monitoring process established in Section 5 of the Planned Action Ordinance. Public Agency Mitigation Measures Short Term: Estimated Year Next Comp Plan of Completion Mitigation Measures Amendment Long Term Other Agency and Responsible Cycle or within Department 5 years Land Use Patterns and Plans and Policies The current DSAP is included as X Economic& Appendix B of the Comprehensive Plan Concurrent Community and some dates and references to the Amendment Development Downtown Plan may need to be amended(some references to Appendix B say the"1969 Downtown Plan). The City will extend design guidelines X and regulatory incentives for mixed-use Completion in development,particularly in the GC- 2013 MU district. With the DSAP Update,the City will X Economic& implement new zones.Following the Completion in Community DSAP Update,the City will prepare 2013-14 Development regulationsto implement DSAP Land Use Element goals and policies. The DSAP Update will serve as a new X X plan for the designated Urban Center Document consistent with Policy LU-14.1.VISION provided to 2040 and CPPs for King County guide PSRC through the contents of the DSAP Update to comment ensure plan consistency.PSRC will period. conduct a consistency review. If Alternative 2 Urban Center X Economic& boundaries are locally approved, Community approval may be needed at the county Development and four-county level(PSRC). Exhibit B 37 52 Short Term: Estimated Year Next Comp Plan of Completion Mitigation Measures Amendment Long Term Other Agency and Responsible Cycle or within Department 5 years The Transportation and Capital X Economic& Facilities Elements would be updated to Community be consistent with revised household Development and employment growth estimates/targets for the Urban Center, DSAP Study Area,and the Planning Area to ensure that adequate facilities are in place in time to accommodate growth,or the Land Use Element would be revisited as called for in Policy CF- 1.4 of the Comprehensive Plan. Transportation Incorporate street,pedestrian,and X Public Works bicycle improvements developed as Department mitigation in the 2013 SEIS into the next TMP and impact fee update. New development will impact the need X X Public Works for transit service and bus stop Department amenities.As demand grows at bus stops,the City can negotiate with King County for bus shelters. Implementation of Transportation X Public Works Demand Management(TDM)measures Department can facilitate use of alternative transportation modes.The City should consider creating a Transportation Management Association (TMA)within Downtown Kent.TMAs are non-profit, member-controlled organizations that provide transportation services in a particular area,such as Downtown Kent.They are generally public-private partnerships,consisting primarily of area businesses with local government support.TMAs provide an institutional framework for TDM Programs and services and allow small employers to provide Commute Trip Reduction services comparable to those offered by large companies. Parks Develop updated Parks and Open Space X Parks, Plan including standards for Urban Recreation& Park. Community Services Exhibit B 38 53 Short Term: Estimated Year Next Comp Plan of Completion Mitigation Measures Amendment Long Term Other Agency and Responsible Cycle or within Department 5 years Develop private open space and X Economic& recreation space for multifamily and Community mixed use development. Development Exhibit B 39 LO v Y f0 6 U/ f0 U/ C U/ O Y E y L p 0 E2 LA. aO C a O a R 7 f0 Y_ L W .a O C E f6 T O o a E 0 T Y f6 V V N L Q H Q aE 0 co } O '-Z. 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E C Q a = x p -p W OQ m X '� MJ v y Q V m N V r4 d X C W L d V O L v v O W Ul m ~ Y W Y C N V C L d w c o c v o U N v v L ate+ m O V V O m ' J C C a o = y -O '° w E v w r o 3 v '� (A w -0 m v U v ° `m J W c o m o. - o c a a V m Q o' c � v = N V J m N OC m m o -p o NE w 0 Q puo c rc Nm x p o x w W 0 wo- O' N O V E VE o o Vv o m V N Ov Lmc am+ LL0+EO m m E Nv v G m. Ov m V O dvO V O N cc W L J L m 0 Fo F Z ]+Z in C6 a E m uwi w O a m 72 t x w 61 ATTACHMENT E PAO Option 2 James Street Boundary ORDINANCE NO. AN ORDINANCE of the City Council of the City of Kent, Washington, establishing a Planned Action for the Downtown Subarea Action Plan pursuant to the State Environmental Policy Act. RECITALS A. On May 14, 2012, the Economic & Community Development Committee recommended to the City Council passage of a resolution declaring an emergency under the Growth Management Act, RCW 36.70A.130(2)(b), and 12.02.010.A.1 Kent City Code, to pursue an amendment to the Kent Comprehensive Plan to revise the 2005 Downtown Strategic Action Plan. The City Council passed Resolution 1857 on June 5, 2012 declaring an emergency. B. The City of Kent has adopted a Comprehensive Plan complying with the GMA. C. To guide Downtown's growth and redevelopment, the City has engaged in extensive planning for the Downtown Subarea and has adopted amendments to its Comprehensive Plan including the Downtown Subarea Action Plan (DSAP) Update. The DSAP supports the City Council's vision 1 Planned Action Ordinance Downtown Subarea Ordinance 62 statement and strategies for the creation of richly diverse neighborhood urban centers. D. The State Environmental Policy Act (SEPA) and implementing rules provide for the integration of environmental review with land use planning and project review through designation of "Planned Actions" by jurisdictions planning under the Growth Management Act (GMA). E. The City approved a Planned Action Ordinance for a portion of the Downtown Subarea in 2002 and has largely completed those actions. F. The City desires to designate a new Planned Action for a portion of the Downtown Subarea. G. Designation of a Planned Action expedites the permitting process for subsequent, implementing projects whose impacts have been previously addressed in a Planned Action environmental impact statement (EIS), and thereby encourages desired growth and economic development. H. On October 9, 2012, the City's SEPA responsible official issued a Determination of Significance (DS)/Scoping Notice for the City of Kent Downtown Subarea Action Plan Planned Action Supplemental Environmental Impact Statement, solicited public comment through a November 1, 2012, open house meeting, and invited comments during the scoping period, which closed November 2, 2012. A Draft Supplemental Environmental Impact Statement (SEIS) was issued on June 21, 2013. The Draft SEIS was considered during a public hearing on the DSAP, which was held on July 8, 2013 and July 22, 2013. A Final Supplemental Environmental Impact Statement was issued on October 4, 2013. 2 Planned Action Ordinance Downtown Subarea Ordinance 63 I. The DSAP SEIS supplements the City of Kent Comprehensive Plan Review and Midway Subarea Planned Action Environmental Impact Statement completed in 2011 (2011 EIS). J. The City of Kent Downtown Subarea Action Plan Planned Action Supplemental EIS (referenced as the 2013 SEIS) and the 2011 EIS jointly identify impacts and mitigation measures associated with planned development in the Downtown area. Together these are referenced as the Combined DSAP Planned Action EIS. K. The City has adopted development regulations and ordinances that will help protect the environment, and is adopting regulations specific to the Downtown Subarea that will guide the allocation, form and quality of desired development. L. The Kent City Code (KCC) 11.03.020 provides for Planned Actions within the City. M. The City as lead agency provided public comment opportunities through an SEIS scoping period in October 2012, and for the DSAP Update in 2012 and 2013 as part of a coordinated DSAP public participation program. • Extensive community visioning was conducted through individual interviews, three neighborhood meetings, and two online surveys. • A Downtown Steering Committee consisting of community business and property owners, local developers, citizens, and city leadership, convened seven (7) times between July 2012 and April 2013 for the purpose of advising the DSAP update. • The Land Use and Planning Board held workshops on June 25, 2012, October 22, 2012, March 11, 2013, May 13, 2013, May 28, 2013, 3 Planned Action Ordinance Downtown Subarea Ordinance 64 and June 24, 2013, to review the DSAP update and associated comprehensive plan and zoning text and map amendments. On July 8, 2013, and July 22, 2013, the Land Use and Planning Board held a public hearing to consider the draft DSAP update, land use plan map amendments, rezones, comprehensive plan and zoning text amendments and the Draft SEIS. • The City conducted three briefings and meetings with the City Council's Economic & Community Development Committee on June 11, 2012, March 11, 2013, and October 14, 2013. • The City Council was briefed on the DSAP Update and recommendations at a workshop held on September 17, 2013. N. The City Council's Economic & Community Development Committee hosted a community meeting on October 14, 2013 consistent with RCW 43.21C.440(3)(b). 0. On June 19 and June 21, 2013, the City provided the State of Washington the required sixty (60) day notification under RCW 36.70A.106 for the DSAP Update, Land Use Plan and Zoning District Map Amendments, Draft Planned Action and Infill Exemption Ordinances. On July 23, 2013, the City provided the State of Washington the required sixty (60) day notification under RCW 36.70A.106 for the Mixed Use Overlay Code Amendments and code reference correction for downtown design guidelines. The sixty (60) day notice periods have lapsed. P. On October 4, 2013, the City's SEPA responsible official issued the Final Planned Action SEIS for the DSAP Update. 4 Planned Action Ordinance Downtown Subarea Ordinance 65 Q. After providing appropriate public notice, on November 12, 2013, the City Council's Economic & Community Development Committee for the City of Kent considered the planned action ordinance at a public hearing. NOW, THEREFORE, the City Council of the City of Kent, Washington ordains as follows: SECTION 1, - Recitals. The recitals set forth above are incorporated herein by reference. SECTION 2, - Purpose. The City of Kent declares that the purpose of this ordinance is to: A. Combine environmental analysis, land use plans, development regulations, Kent codes and ordinances together with the mitigation measures in the Combined DSAP Planned Action EIS to mitigate environmental impacts and process Planned Action development applications in the Planned Action Area. B. Designate the central Downtown Subarea shown in Exhibit A as a Planned Action Area for purposes of environmental review and permitting of subsequent, implementing projects pursuant to SEPA, RCW 43.21C.031. C. Determine that the 2013 SEIS prepared for the DSAP Update together with the 2011 EIS prepared for the Comprehensive Plan meet the requirements of a Planned Action EIS pursuant to SEPA (together referenced as the Combined DSAP Planned Action EIS). 5 Planned Action Ordinance Downtown Subarea Ordinance 66 D. Establish criteria and procedures, consistent with state law, that will determine whether subsequent projects within the Planned Action Area qualify as Planned Actions. E. Provide the public with information about Planned Actions and how the City will process implementing projects within the Planned Action Area. F. Streamline and expedite the land use permit review process by relying on the Combined DSAP Planned Action EIS. G. Apply the City's development regulations together with the mitigation measures described in the Combined DSAP Planned Action EIS and this Ordinance to address the impacts of future development contemplated by this Ordinance. SECTION 3, - Findinas. The City Council finds as follows: A. The City is subject to the requirements of the GMA (RCW 36.70A), and is applying the Planned Action to an Urban Growth Area (UGA). B. The City has adopted a Comprehensive Plan complying with the GMA, and is amending the Comprehensive Plan to incorporate a subarea plan specific to the Downtown. C. The City is adopting zoning and development regulations in a phased approach both concurrent with and subsequent to the DSAP Update to implement said Plan, including this ordinance. D. The Combined DSAP Planned Action EIS has been prepared for the Planned Action Area, and the City Council finds that the EIS adequately 6 Planned Action Ordinance Downtown Subarea Ordinance 67 identifies and addresses the probable significant environmental impacts associated with the type and amount of development planned to occur in the designated Planned Action Area. E. The mitigation measures identified in the Combined DSAP Planned Action EIS and attached to this ordinance as Exhibit B, incorporated herein by reference, together with adopted City development regulations, will adequately mitigate significant impacts from development within the Planned Action Area. F. The DSAP Update and 2013 SEIS identify the location, type and amount of development that is contemplated by the Planned Action. G. Future projects that are implemented consistent with the Planned Action will protect the environment, benefit the public and enhance economic development. H. The City provided several opportunities for meaningful public involvement in the DSAP Update and 2013 SEIS, including a community meeting prior to the publication of notice for the Planned Action Ordinance; has considered all comments received; and, as appropriate, has modified the proposal or mitigation measures in response to comments. I. Essential public facilities defined in RCW 36.70A.200(1) are excluded from the Planned Action and are not eligible for review or permitting as Planned Actions unless they are accessory to or part of a project that otherwise qualifies as a Planned Action. J. The Planned Action applies to a defined area that is smaller than the overall City boundaries. 7 Planned Action Ordinance Downtown Subarea Ordinance 68 K. Public services and facilities are adequate to serve the proposed Planned Action, with implementation of mitigation measures identified in the Combined DSAP Planned Action EIS. SECTION 4, — Procedures and Criteria for Evaluating and Determinina Planned Action Proiects within Planned Action Area. A. Planned Action Area. This Planned Action designation shall apply to the area shown in Exhibit A, incorporated herein by reference. B. Environmental Document. A Planned Action determination for a site-specific project application within the Planned Action Area shall be based on the environmental analysis contained in the Draft City of Kent Downtown Subarea Action Plan Planned Action SEIS issued by the City on June 21, 2013 and the Final SEIS published on October 4, 2013 together with the City of Kent Comprehensive Plan Review and Midway Subarea Planned Action EIS completed in 2011 (considered together to be the Combined DSAP Planned Action EIS). The 2011 Draft and Final EIS as supplemented by the SEIS documents shall comprise the Planned Action EIS for the Planned Action Area. The mitigation measures contained in Exhibit B and attached to this Ordinance are based upon the findings of the Combined DSAP Planned Action EIS and shall, along with adopted City regulations, provide the framework that the City will use to apply appropriate conditions on qualifying Planned Action Projects within the Planned Action Area. C. Planned Action Designated. Land uses and activities described in the Combined DSAP Planned Action EIS, subject to the thresholds described in subsection 4.D and the mitigation measures contained in 8 Planned Action Ordinance Downtown Subarea Ordinance 69 Exhibit B, are designated Planned Actions or Planned Action Projects pursuant to RCW 43.21C.440. A development application for a site-specific Planned Action Project located within the Planned Action Area shall be designated a Planned Action if it completes a SEPA Checklist and City application and evaluation form, and any other form required by the City, and meets the criteria set forth in Subsection 4.D of this Ordinance and all other applicable laws, codes, development regulations and standards of the City are met. D. Planned Action Thresholds. The following thresholds shall be used to determine if a site-specific development proposed within the Planned Action Area was contemplated as a Planned Action and has had its environmental impacts evaluated in the Combined DSAP Planned Action EIS: (1) Qualifying Land Uses. (a) Planned Action Categories: The following general categories/types of land uses are defined the Downtown Subarea Plan and are considered Planned Actions: i. Residential: High and medium density multifamily residential; townhouses; multiplexes; and higher density single-family detached dwellings; ii. Employment: Dense and varied retail, office, commercial, and service activities; iii. Civic, governmental, and recreational uses; iv. Mixed use development with housing, employment, civic, governmental, and recreational uses. (b) Planned Action Uses: A land use shall be considered a Planned Action Land Use when: 9 Planned Action Ordinance Downtown Subarea Ordinance 70 i. it is within the Planned Action Area as shown in Exhibit A; ii. it is within the one or more of the land use categories described in subsection 1(a) above; and III. it is listed in development regulations applicable to the zoning classifications applied to properties within the Planned Action Area. A Planned Action may be a single Planned Action use or a combination of Planned Action uses together in a mixed use development. Planned Action uses include accessory uses. (c) Public Services: The following public services, infrastructure and utilities are also Planned Actions: i. Pedestrian, bicycle, transit, and road improvements identified in the 2013 SEIS. ii. Parks and recreation facilities and improvements identified in the 2013 SEIS. (2) Development Thresholds: (a) Land Use: The following amounts of various new land uses are contemplated by the Planned Action: Base Year Alternative 2 Moderate Growth (2031) Growth Type 2006 Total Net Growth Households - 672 �7-12706 4,9L591.634 Jobs 1,567 4,9942_,9_4& 4;4€41_,,0_&1 Total Activity Units:Jobs and 2-.>5929_,,5_39 -5;&445�254 3;442_,,7__15 Households Notes: 'Includes hotel rooms and university students as part of"jobs"consistent with the presentation of growth figures in the prior 2011 EIS.These elements make up about 6-9%of the job totals depending on alternative. 'Numbers in SEIS reflectformula results'above numbersare rounded. Source:City of Kent 2011 and 2012 10 Planned Action Ordinance Downtown Subarea Ordinance 71 (b) Shifting development amounts between land uses in D(2)(a) may be permitted when the total build-out is less than the aggregate amount of development reviewed in the 2013 SEIS; the traffic trips for Alternative 2 Moderate Growth are not exceeded; and, the development impacts identified in the 2013 SEIS are mitigated consistent with Exhibit B. (c) To be considered a planned action, where a proposal includes the construction of a new building, the minimum height shall be two stories. The maximum height shall be consistent with those studied in the Combined DSAP Planned Action EIS and applicable in the subject zoning district. (d) Further environmental review may be required pursuant to WAC 197-11-172, if any individual Planned Action or combination of Planned Actions exceed the development thresholds specified in this Ordinance and/or alter the assumptions and analysis in the Combined DSAP Planned Action EIS. (3) Transportation Thresholds: (a) Trip Ranges &Thresholds. The number of new PM peak hour trips anticipated in the Planned Action Area and reviewed in the 2013 SEIS is as follows: Trip Generation—Planned Action Ordinance Area Planned Action Area Alternative Trip Ends* Growth Compared to Existing Existing Conditions(2006) 2,200 0 Alternative 2 a,9993_,7_00 991_,,5_00 11 Planned Action Ordinance Downtown Subarea Ordinance 72 Note:"PM peak hour vehicle trips. Source:Fehr&Peers,2013 (b) Concurrency. All Planned Actions shall meet the transportation concurrency requirements and the LOS thresholds established in Chapter 12.11 KCC, as amended by the 2008 Transportation Master Plan, and the multimodal levels of service established in the 2013 DSAP SEIS. (c) Traffic Impact Mitigation. Until the 2008 Transportation Master Plan and impact fee ordinance is updated, all Planned Actions shall pay their cost per trip for the street, pedestrian, and bicycle improvements identified in Exhibit B as part of the DSAP Study Area fee program in addition to the 2008 Transportation Master Plan and associated impact fee program, chapter 12.14 KCC. (d) Discretion. The public works director or the director's designee shall have discretion to determine incremental and total trip generation, consistent with the Institute of Traffic Engineers (ITE) Trip Generation Manual (latest edition) or an alternative manual, accepted at the director's sole discretion, for each project permit application proposed under this Planned Action. (4) Elements of the Environment and Degree of Impacts. A proposed project that would result in a significant change in the type or degree of adverse impacts to any element(s) of the environment analyzed in the Combined DSAP Planned Action EIS shall not qualify as a Planned Action. (5) Changed Conditions. Should environmental conditions change significantly from those analyzed in the Combined DSAP Planned Action EIS, the City's SEPA Responsible Official may determine that the Planned Action designation is no longer applicable until supplemental environmental review is conducted. 12 Planned Action Ordinance Downtown Subarea Ordinance 73 E. Planned Action Review Criteria. (1) The City's SEPA Responsible Official may designate as "Planned Actions", pursuant to RCW 43.21C.440, applications that meet all of the following conditions: (a) the proposal is located within the Planned Action Area identified in Exhibit A of this ordinance; (b) the proposed uses and activities are consistent with those described in the 2013 SEIS and Section 4.D of this ordinance; (c) the proposal is within the Planned Action thresholds and other criteria of Section 4.D of this ordinance; (d) the proposal is consistent with the Kent Comprehensive Plan and the Downtown Subarea Action Plan; (e) the proposal's significant adverse environmental impacts have been identified in the Combined DSAP Planned Action EIS; (f) the proposal's significant impacts have been mitigated by application of the measures identified in Exhibit B, and other applicable City regulations, together with any modifications or variances or special permits that may be required; (g) the proposal complies with all applicable local, state and/or federal laws and regulations, and the SEPA Responsible Official determines that these constitute adequate mitigation; and (h) the proposal is not an essential public facility as defined by RCW 36.70A.200(1), unless the essential public facility is accessory to or part of a development that is designated as a Planned Action under this ordinance. (2) The City shall base its decision on review of a SEPA checklist, or an alternative form approved in accordance with SEPA laws and rules, 13 Planned Action Ordinance Downtown Subarea Ordinance 74 and review of the Planned Action application and evaluation form and supporting documentation. (3) A proposal that meets the criteria of this section shall be considered to qualify and be designated as a Planned Action, consistent with the requirements of RCW 43.21C.440, WAC 197-11-164 et seq, and this ordinance. F. Effect of Planned Action. (1) Designation as a Planned Action Project by the SEPA Responsible Official means that a qualifying proposal has been reviewed in accordance with this Ordinance and found to be consistent with the development parameters and thresholds established herein, and with the environmental analysis contained in the Combined DSAP Planned Action EIS. (2) Upon determination by the City's SEPA Responsible Official that the proposal meets the criteria of Section 4.D and qualifies as a Planned Action, the proposal shall not require a SEPA threshold determination, preparation of an EIS, or be subject to further review pursuant to SEPA. G. Planned Action Permit Process. Applications for Planned Actions shall be reviewed pursuant to the following process: (1) Development applications shall meet all applicable requirements of the Kent City Code (KCC). Applications for Planned Actions shall be made on forms provided by the City and shall include the SEPA checklist. 14 Planned Action Ordinance Downtown Subarea Ordinance 75 (2) The City's SEPA Responsible Official shall determine whether the application is complete as provided in Chapter 12.01 KCC. (3) If the application is for a project within the Planned Action Area defined in Exhibit A, the application will be reviewed to determine if it is consistent with the criteria of this ordinance and thereby qualifies as a Planned Action Project. (a) The decision of the City's SEPA Responsible Official regarding consistency of a project as a Planned Action is a Type 1 decision. The SEPA Responsible Official shall notify the applicant of his/her decision. (b) If the project is determined to qualify as a Planned Action, it shall proceed in accordance with the applicable permit review procedures specified in Chapter 12.01 KCC, except that no SEPA threshold determination, EIS or additional SEPA review shall be required. (c) Notice of the application for a Planned Action Project shall be consistent with Chapter 12.01 KCC. (4) If notice is otherwise required for the underlying permit, the notice shall state that the project has qualified as a Planned Action. If notice is not otherwise required for the underlying permit, no special notice is required by this ordinance. (5) To provide additional certainty about applicable requirements, the City or applicant may request consideration and execution of a development agreement for a Planned Action Project, consistent with RCW 36.7013.170 et seq. 15 Planned Action Ordinance Downtown Subarea Ordinance 76 (6) If a project is determined to not qualify as a Planned Action, the SEPA Responsible Official shall so notify the applicant and prescribe a SEPA review procedure consistent with the City's SEPA regulations and the requirements of state law. The notice shall describe the elements of the application that result in failure to qualify as a Planned Action. (7) Projects that fail to qualify as Planned Actions may incorporate or otherwise use relevant elements of the Combined DSAP Planned Action EIS, as well as other relevant SEPA documents, to meet their SEPA requirements. The SEPA Responsible Official may limit the scope of SEPA review for the non-qualifying project to those issues and environmental impacts not previously addressed in the Combined DSAP Planned Action EIS. SECTION 5. — Monitoring and Review. A. The City should monitor the progress of development in the designated Planned Action Area as deemed appropriate to ensure that it is consistent with the assumptions of this ordinance regarding the type and amount of development and associated impacts addressed in the Combined DSAP Planned Action EIS, and with the mitigation measures and improvements planned for the Planned Action Area in Exhibit B. B. This Planned Action Ordinance shall be reviewed by the SEPA Responsible Official no later than five years from its effective date. The review shall determine the continuing relevance of the Planned Action assumptions and findings with respect to environmental conditions in the Planned Action Area, the impacts of development, and required mitigation measures. Based upon this review, the City may propose amendments to 16 Planned Action Ordinance Downtown Subarea Ordinance 77 this ordinance and/or may supplement or revise the Combined DSAP Planned Action EIS. SECTION 6, — Corrections by City Clerk or Code Reviser. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; ordinance, section, or subsection numbering; or references to other local, state or federal laws, codes, rules, or regulations. SECTION 7, — Severability. If any one or more section, subsection, or sentence of this ordinance is held to be unconstitutional or invalid, that decision shall not affect the validity of the remaining portion of this ordinance and that remaining portion shall maintain its full force and effect. SECTIONS. — Effective Date. This ordinance shall be in force five (5) days after its passage and publication, as provided by law. SUZETTE COOKE, MAYOR ATTEST: RONALD F. MOORE, CITY CLERK APPROVED AS TO FORM: 17 Planned Action Ordinance Downtown Subarea Ordinance 78 ARTHUR "PAT" FITZPATRICK, ACTING CITY ATTORNEY PASSED: day of 12013. APPROVED: day of 12013. PUBLISHED: day of 12013. I hereby certify that this is a true copy of Ordinance No. passed by the City Council of the City of Kent, Washington, and approved by the Mayor of the City of Kent as hereon indicated. (SEAL) RONALD F. MOORE, CITY CLERK S:\Permit\Plan\COMP_PLAN_AMENDMENTS\2012\CPA-2012-1 Downtown\PAO Infill\FINAL_PAO Ord.Do 18 Planned Action Ordinance Downtown Subarea Ordinance 79 EXHIBIT A PLANNED ACTION AREA Downtown Subarea � + Action Plan Legend ♦A ��.k '.. S . -1 OSAP SW dy Frea '� i ♦♦ i} Planned Action,hrea � { ♦ I} Tax Parcels 2012 ♦♦ N 41 IJo 9cele _ ♦ �� ♦ + � �� I J ES ST, % HUM ED j � # / N T FFTTF 15 / i4i i , // // ✓ �. 1 5 5r � � i7 lir/ ����%i � s , m.F-"a- Eo T] Exhibit A 19 80 EXHIBIT B COMBINED DSAP PLANNED ACTION EIS MITIGATION MEASURES Section B-1. Mitigation Required for Development Applications INTRODUCTION The City of Kent issued the Draft Downtown Subarea Action Plan Planned Action SEIS on June 21, 2013 and the Final SEIS on October 4, 2013 (referenced as the 2013 SEIS). Previously, the City completed the City of Kent Comprehensive Plan Review and Midway Subarea Planned Action EIS in 2011 (referenced as the 2011 EIS). The Draft and Final EIS as supplemented by the SEIS documents comprise the Combined DSAP Planned Action EIS for the Planned Action Area (see Exhibit A). The Combined DSAP Planned Action EIS has identified significant beneficial and adverse impacts that are anticipated to occur with the future development of the Planned Action Area, together with a number of possible measures to mitigate those significant adverse impacts. Please see the Combined DSAP Planned Action EIS for a description of impacts, mitigation measures,and significant unavoidable adverse impacts. A Mitigation Document is provided in this Exhibit Section B-1, and it establishes specific mitigation measures, based upon significant adverse impacts identified in the Combined DSAP Planned Action EIS. The mitigation measures in this Exhibit B-1 shall apply to future development proposals which are consistent with the Planned Action scenarios reviewed in the Combined DSAP Planned Action EIS, and which are located within the Downtown Subarea Action Plan Planned Action Area (see Exhibit A). Exhibits B-2 and B-3 provide advisory notes on applicable regulations and commitments and city actions for monitoring purposes and may be consulted as appropriate. Where a mitigation measure includes the words "shall" or"will," inclusion of that measure in project plans is mandatory in order to qualify a project as a Planned Action. Where "should" or "would" appear, the mitigation measure may be considered by the project applicant as a source of additional mitigation, as feasible or necessary, to ensure that a project qualifies as a Planned Action. Unless stated specifically otherwise, the mitigation measures that require preparation of plans, conduct of studies, construction of improvements, conduct of maintenance activities, etc., are the responsibility of the applicant or designee to fund and/or perform. Exhibit B 20 81 MITIGATION MEASURES Notes Land Use Patterns The following mitigation measures shall be applied to Planned Actions: 1. Solar Access: Until superseded by amended design standards or guidelines in the Kent City Code, solar access for public pedestrian spaces, pedestrian/bicycle pathways, parks, schools and other areas sensitive to shading shall be preserved by requiring upper-story or ground-level setbacks for adjacent development. To the greatest extent possible, new development shall minimize casting shadows on public spaces during their primary hours of daytime use. 2. Public Views: The City may condition Planned Actions to incorporate site design measures that preserve significant public views from public areas. Transportation This section applies measures to mitigate the impacts of new development on transportation infrastructure, including streets, pedestrian facilities, bicycle facilities, and transit infrastructure and services. Until the 2008 Transportation Master Plan and impact fee ordinance are updated, all Planned Actions shall pay their cost per trip for the street, pedestrian, and bicycle improvements identified below as part of the DSAP Study Area fee program in addition to the 2008 Transportation Master Plan and associated impact fee program, KCC 12.14 Transportation Impact Fees. 3. Street Mitigation Measures Table 1. summarizes the street mitigation projects that have been identified for the DSAP Study Area. The cost is shared between development inside the Planned Action Area and outside the Planned Action Area. The Planned Action Area cost per trip is shown in Mitigation Measure 6. Table 1. Street Mitigation Measures—Alternative 2 Location Description Cost Estimate' Meeker Street&4th Restripe roadway to reduce width of Avenue westbound receiving lane and allow $5,000-$10,000 eastbound left turn pocket Notes: 1. The costs shown are estimates only and would vary based on the specific needs of each project. Fehr&Peers,2013 Exhibit B 21 82 MITIGATION MEASURES Notes 4. Pedestrian Mitigation Measures Key arterial and collector sidewalk links are identified in the 2013 SEIS and could be used by all pedestrians within Downtown Kent. In addition, there are several sidewalk need areas along local streets in Downtown Kent. Sidewalks will be completed by new development consistent with the City's frontage design standards. Specifically, under the preferred alternative (Alternative 2} , development within the Planned Action Area will be responsible for a cost of $449290,000 to $44940.0 000. Each new development's proportional share will be calculated based on the amount and type of land use proposed. The following sidewalk segments in Table 2 are identified for improvement in the Planned Action Area. The cost per trip is identified in Mitigation Measure 6. Table 2. Sidewalk Improvements—Alternatives 2 Planned Action Area Roadway Classification Feet of Sidewalk Cost Estimate Principal Arterial 1,220 $290,000-$400,000 Minor Alterial 489N A � ,}9 VA_ Collector N/A N/A Total -1-1F i 220 290 000- 400 000 Note:The costs shown are estimates only and would vary based on the specific needs of each project. Fehr&Peers,2013 S. Bicycle Mitigation Measures Bicycle facilities identified in the 2013 SEIS are needed to complete the 2008 Transportation Master Plan. The bicycle routes will serve the needs of all Downtown travelers. New development will share the cot of implementing these facilities. Specifically, under the preferred alternative Alterna ive2 , development within the Planned Action Area will be responsible for a cost of 24,000. Each new development's proportional share shall be calculated based on the amount and type of land use proposed. The cost per trip is identified in Mitigation Measure 6. The following bicycle segments in Table 3 are identified for improvement. Exhibit B 22 83 MITIGATION MEASURES Notes Table 3. Bicycle Facility Improvements—Alternatives 2 Planned Action Area Bicycle Facility Type Feet of Bicycle Facility Cost Estimate Restripi ig for Bicycle Lane 00411070 $40;00061000 Shared Bicycle Facility 6,110 $18,000 Total I 9-,-b87_,1_S0 $ , 2a__a00 Note:The costs shown are estimates only and would vary based on the specific needs of each project. Fehr&Peers,2013. 6. Planned Action Per Trip Fee to Implement Street, Pedestrian, and Bicycle Improvements Table 4 ncludes the Planned Action Area costs per trip based on the estimates included in Mitigati n Measures 3-5 for Alternatives 2. For those estimates that were given as a range,the tables below use the upper end of the range. Table 4.Alternative 2 -Mitigation Measure Cost Estimates per Trip Planned Action Area Mitigation Measure Type 4,7WI_�5®QTrip Growth over Existing Cost Cost per Trip Street $3_,0_0034 1 $442-2.00 Pedestri in $ 00.000 $ :4a266.67 Bicycle $22&,00924 000 $-1Fi:471600 Total $&0=.t;100427.000 $ 284.67 Notes: 1. The total cost of$10,000 is shared proportionately between the Planned Action Area and nfill Exemption Areas according to the numbeI of trips generated(3031 percent bythe Planned Action Area and 7064 percent bythe nfill Exemption Area). Fehr&Peers,2013 7. Transit: New development shall be required to provide convenient pedestrian connections to bus stops. Parks Until such time as the City adopts a new Parks and Open Space Plan, and adopts Kent City Code amendments addressing public and private open space and recreation standards and requirements applicable to the Planned Action Area, the following mitigation measures shall apply. Following adoption of a new Parks and Open Space Plan Kent City Code amendments such standards shall supersede the measures below. Exhibit B 23 84 MITIGATION MEASURES Notes 8. Urban Park Space: Each Planned Action shall dedicate onsite two hundred and fifty (250) square feet of public park area per dwelling unit or provide a fee in lieu of dedication consistent with Mitigation Measure 10. 9. Private Onsite Recreation and Open Space: Each Planned Action shall provide private onsite recreation space for leisure, play, and sport activities at a ratio of two hundred (200) square feet per dwelling unit. Each residential or mixed-use development is required to provide the private space in one or more of the following arrangements. • An individual balcony or screened patio for each unit • Small, shared courtyards and a furnished children's play area • Roof-top open space—roof garden or game court The recreation space proposed by the applicant shall be approved by the parks and community services director. Alternatively up to fifty percent (50%) of the private open space may be accomplished offsite or through a fee in lieu consistent with Mitigation Measure 10. 10. Through a negotiated voluntary agreement the City may allow fifty percent (50%) of the private recreation space and 100%of the public recreation space in Mitigation Measures&8 and 389 to be: 1) accomplished offsite as approved by the parks and community services director; or 2) a fee-in-lieu of providing the space onsite following the procedures in KCC 12.04.065. Air Quality 11. The City shall require all construction contractors to implement air quality control plans for construction activities. The air quality control plans will include best management practices (BMPs) to control fugitive dust and odors emitted by diesel construction equipment, including but not limited to the following measures. A. Develop a fugitive dust control plan. B. Use water sprays or other non-toxic dust control methods on unpaved roadways. C. Minimize vehicle speed while traveling on unpaved surfaces. D. Prevent track out of mud onto public streets. E. Cover soil piles when practical. F. Minimize work during periods of high winds when practical. G. Maintain the engines of construction equipment according to manufacturers'specifications. H. Minimize idling of equipment while the equipment is not in use. I. Burning of slash or demolition debris will not be permitted without express approval from the Puget Sound Clean Air Agency (PSCAA). No slash burning is anticipated for any Exhibit B 24 85 MITIGATION MEASURES Notes construction projects in the study area. 12. The City shall require Planned Action applicants to identify the reduction measures in Table 5 that are being implemented in their projects, and explain why other measures found in the table are not included or are not applicable. The City shall, as appropriate, condition Planned Action applications to incorporate reduction measures determined (by the City based on the development application) feasible and appropriate for site conditions. Exhibit B 25 86 MITIGATION MEASURES Notes Table 5. Potential Greenhouse Gas Reduction Measures Reduction Measures Comments Site Design Plant large-caliper trees and mature vegetation near Trees and vegetation that directly shade buildings structuresto shade buildings decrease demand for air conditioning.By reducing energy demand,trees and vegetation decrease the production of associated air pollution and GHG emissions.They also remove air pollutants and store and sequester carbon dioxide.Thus trees and vegetation reduce onsite fuel combustion emissions and purchased electricity plus enhance carbon sinks. Minimize building footprint. Reduces onsite fuel combustion emissions and purchased electricity consumption,materials used, maintenance,land disturbance,and direct construction emissions. Design water efficient landscaping. Minimizes water consumption,purchased energy,and upstream emissionsfrom water management. Minimize energy use through building orientation. Reduces onsite fuel combustion emissions and purchased electricity consumption Building Design and Operations Apply LEED(Leadership in Energy and Environmental Reduces onsite fuel combustion emissions and Design)standards(or equivalent)for design and operations offsite/indirect purchased electricity,water use,waste disposal Purchase Energy Star equipment and appliancesfor public Reduces onsite fuel combustion emissions and agency use. purchased electricity consumption Incorporate onsite renewable energy production,including Reduces onsite fuel combustion emissions and installation of photovoltaic cells or other solar options. purchased electricity consumption. Design street lights to use energy efficient bulbs and fixtures Reduces purchased electricity. Construct"green roofs'and use high-albedo roofing Reduces onsite fuel combustion emissions and materials. purchased electricity consumption Install high-efficiency HVAC systems. Minimizes fuel combustion and purchased electricity consumption. Eliminate or reduce use of refrigerants in HVAC systems. Reduces fugitive emissions. Compare refrigerant usage before/after to determine GHG reduction. Maximize interior day lighting through floor plates, Increases natural/day lighting initiatives and reduces increased building perimeter and use of skylights, purchased electrical energy consumption. clerestories and light wells. Incorporate energy efficiency technology such as:super Reduces fuel combustion and purchased electricity insulation motion sensors for lighting and climate control consumption. efficient,directed exterior lighting Exhibit B 26 87 MITIGATION MEASURES Notes Reduction Measures Comments Use water conserving fixtures that surpass building code Reduces water consumption. requirements. Re-use gray water or collect and re-use rainwater. Reduces water consumption with its indirect upstream electricity requirements. Recycle demolition debris and use recycled building Reduces extraction of purchased materials,possibly materials and products. reduces transportation of materials,encourages recycling and reduction of solid waste disposal. Use building materials that are extracted or manufactured Reduces transportation of purchased materials within the region. Use rapidly renewable building materials. Reduces emissions from extraction of purchased materials Conduct 3rd party building commissioning to ensure energy Reduces fuel combustion and purchased electricity performance. consumption. Track energy performance of building and develop strategy Reduces fuel combustion and purchased electricity to maintain efficiency. consumption. Transportation Size parking capacity to not exceed local parking Reduced parking discourages auto dependent travel, requirements and,where possible,seek reductions in encouraging alternative modes such as transit,walking, parking supply through special permits or waivers. biking etc. Reduces direct and indirect vehicle miles travelled (VMT) Develop and implement a marketing/information program Reduces direct and indirect VMT that includes posting and distribution of ridesharing/transit information. Subsidize transit passes. Reduce employee trips during Reduces employee VMT peak periods through alternative work schedules, telecommuting,or flex-time. Provide a guaranteed ride home program. Provide bicycle storage and showers/changing rooms. Reduces employee VMT Utilize traffic signalization and coordination to improve Reduces transportation emissions and VMT traffic flow and support pedestrian and bicycle safety. Apply advanced technology systems and management Reduces emissions from transportation by minimizing strategies to improve operational efficiency of local streets. idling and maximizing transportation routes/systems for fuel efficiency. Develop shuttle systems around business district parking Reduces idling fuel emissions and direct and indirect garagesto reduce congestion and create shorter commutes. VMT Source:City of Kent 2011 Exhibit B 27 88 MITIGATION MEASURES Notes Water Resources 13. By December 31, 2016, regulations will be in place to address water quality treatment and promote low impact development measures that are equivalent to the 2012 Department of Ecology Western Washington Stormwater Management Manual. Prior to 2016, the City shall require that applicants identify any low impact development (LID) techniques described in the 2012 Ecology manual and demonstrate why unincorporated LID techniques are not feasible. Flow reduction credits provided in the Ecology stormwater manual for use in LID facilities will translate into smaller stormwater treatment and flow control facilities over those which use conventional methods. In certain cases, use of various LID techniques can result in elimination of stormwater mitigation facilities entirely. As part of required land use, building, or construction permits, the City may condition applications to incorporate feasible and site- appropriate LID techniques. Noise 14. To reduce construction noise at nearby receptors, the following mitigation measures shall be incorporated into construction plans and contractor specifications: A. Locating stationary equipment away from receiving properties will decrease noise from that equipment. B. Erecting portable noise barriers around loud stationary equipment located near sensitive receivers will reduce noise. C. Limiting construction activities between 10:00 p.m. and 7:00 a.m. to avoid sensitive nighttime hours. D. Turning off idling construction equipment to eliminate unnecessary noise. E. Requiring contractors to rigorously maintain all equipment to potentially reduce noise effects. F. Training construction crews to avoid unnecessarily loud actions (e.g., dropping bundles of rebar onto the ground or dragging steel plates across pavement) near noise-sensitive areas to reduce noise effects. 15. At its discretion,the City may require all prospective Planned Action developers to use low-noise mechanical equipment adequate to ensure compliance with the City's daytime and nighttime noise ordinance limits. Depending on the nature of the proposed development, the City may require the developer to conduct a noise impact study to forecast future noise levels and to specify appropriate noise control measures. Exhibit B 28 89 MITIGATION MEASURES Notes 16. To address traffic and transit noise, the City may, at its discretion, require new residential development to install triple-pane glass windows or other building insulation measures using its authority under the Washington State Energy Code (KCC 14.01.010). Cultural Resources 17. In the event that a future development project in the study area is proposed on or immediately surrounding a site containing an archaeological resource, as defined in Chapter 27.53 RCW, the potential impacts on the archaeological resource shall be considered and, if needed, a study conducted by a professional archaeologist shall be required to be conducted at the applicant's expense to determine whether the proposed development project would materially impact the archaeological resource. 18. If the impacts on archaeological resources cannot be avoided, the City shall require that an applicant obtain all appropriate permits consistent with state and federal laws and that any required archaeological studies are completed before permitting any project that would disturb archaeological resource(s). Under Chapter 27.53 RCW, a permit must be obtained from the department of archaeology and historic preservation (DAHP) prior to disturbing a known archaeological resource or site. The avoidance of archaeological resources through selection of project alternatives and changes in design of project features in the specific area of the affected resource(s) would eliminate the need for measuring or mitigating impacts. 19. Developers and property owners shall immediately stop work and notify the City, DAHP, and affected tribes if archaeological resources are uncovered during excavation. Following such notification, the City may require implementation of Mitigation Measures 17 and 18. 20. If impacts cannot be avoided on a historic resource that is determined eligible for listing on either state or national historic registers, the applicant shall consult with DAHP regarding mitigation options and shall provide documentation of consultation to the City. 21. To include DAHP in the review of historic properties within the Planned Action Area, the City will notify the state historic preservation officer (SHPO) regarding proposals involving eligible or designated historic properties through the evaluation of proposals under the Planned Action Ordinance consistent with Chapter 12.01 KCC. Exhibit B 29 90 Section B-2. Advisory Notes to Applicants: Applicable Regulations The Combined DSAP Planned Action EIS identifies specific regulations that act as mitigation measures. These are summarized below by EIS topic. All applicable federal, state, and local regulations shall apply to Planned Actions. Planned Action applicants shall comply with all adopted regulations where applicable including those listed in the EIS and those not included in the EIS. TOPIC/REGULATION Notes EARTH • The Kent Critical Areas Ordinance (KCC 11.06) would apply to development and redevelopment in the Study Area. For example, KCC 11.06.760.E.1.b of the code specifies the following mitigation required for seismic hazard areas: Mitigation based on the best available engineering and geotechnical practices shall be implemented which either eliminates or minimizes the risk of damage, death, or injury resulting from seismically induced settlement or soil liquefaction. Mitigation shall be consistent with the requirements of Ch. 14.01 KCC and shall be approved by the building official. • The Kent Surface Water and Drainage Code (KCC 7.07) requires a drainage plan for surface and pertinent subsurface water flows entering, flowing within and leaving the subject property both during and after construction, and would address measures to minimize erosion. • The International Building Code (KCC Chapter 14.01 Building Codes) includes standards intended to reduce risks associated with seismic activity,and it allows the City to require geotechnical studies. • The City administers grading permits through various codes (e.g. the construction standards in KCC Chapter 6.02 Required Infrastructure Improvements). AIR QUALITY • All stationary emissions sources associated with new commercial facilities will be required to register with PSCAA(Regulation I and Regulation II). Exhibit B 30 91 TOPIC/REGULATION Notes • As part of future project-specific NEPA documentation for individual new roadway improvement projects, the City will be required to conduct CO hot-spot modeling (as required under WAC 173-420) for state-funded or federally-funded projects to demonstrate that the projects would not cause localized impacts related to increased CO emissions from vehicle tailpipes at congested intersections. • Mobile source air toxics include benzene, 1,3-butadiene, formaldehyde, acetaldehyde, acrolein, polycyclic organic matter (POM), naphthalene, and diesel particulate matter. Because of potential health and environmental effects, the US Environmental Protection Agency developed a rule in 2007 to reduce hazardous air pollutants from mobile sources. The rule will limit the benzene content of gasoline and reduce toxic emissions from passenger vehicles and gas cans. The rule is expected to reduce total emissions of mobile source air toxics by 330,000 tons as well as reduce other emissions (such as precursors to ozone and PM2.5). (EPA September 2012) WATER • In Washington, compliance with the federal Clean Water Act is administered by the Washington State Department of Ecology (Ecology). Development and redevelopment projects would generally be covered by and subject to the restrictions of National Pollutant Discharge and Elimination System (NDPES) construction permits. • The Washington State Hydraulic Code Rules (WAC 220-110) apply to any project that takes place within or over the bed and banks of waters of the state. Aquatic projects require a hydraulic project approval (HPA) from the Washington Department of Fish and Wildlife (WDFW). • All alternatives would be subject to existing policies and regulations enacted to avoid, reduce, or minimize impacts on natural environment. These regulations include the Kent Critical Areas Code (KCC 11.06) addressing wetlands, streams, wildlife and fisheries habitat, geologic hazard areas, frequently flooded areas, and aquifer recharge areas. Adverse impacts on critical areas must be mitigated and the mitigation sequence applied is avoidance, minimization, and mitigation per the Kent Critical Areas Code (KCC 11.06.550). Exhibit B 31 92 TOPIC/REGULATION Notes • KCC 14.09, Flood Hazard Regulations, regulates building in special flood hazard areas and requires building standards to protect structures from flood damage as well as requires compensation for loss of flood storage. Any development or redevelopment would be subject to these rules. • The Kent Surface Water and Drainage Code (KCC 7.07) would apply to development and redevelopment in the Study Area. • All development is required to comply with the standards set forth in the Kent Surface Water Design Manual (City of Kent 2002). These standards have been adjusted to meet equivalency requirements of the Washington State Department of Ecology's Stormwater Management Manual for Western Washington (2005). Section 5.8 of the City of Kent 2009 Design and Construction Standards encourages the use of non-structural preventive actions and source reduction approaches such as Low Impact Development (LID) techniques, measures to minimize the creation of impervious surfaces, and measures to minimize the disturbance of native soils and vegetation. The city recognizes that LID techniques are not practical for all locations, depending on soil type and other factors. Approval for LID techniques will be on a case-by-case basis. PLANTS • All alternatives would be subject to existing policies and regulations enacted to avoid, reduce, or minimize impacts on the natural environment. These regulations include the Kent Critical Areas Code (KCC 11.06). Adverse impacts on critical areas must be mitigated and the mitigation sequence applied is avoidance, minimization, and mitigation per the Kent Critical Areas Code (KCC 11.06.550). • KCC Chapter 15.07, Landscaping Regulations, provides landscape standards for the perimeter of properties, parking areas, and transition areas between higher intensity zones and lower density zones. ANIMALS • Projects with federal nexus are subject to review and interagency consultation under Section 7 of the federal Endangered Species Act(ESA). Federal review applies to any project with federal nexus, such as projects with federal funding or that require federal permits. Impacts on ESA listed species must be avoided and minimized, and in some cases mitigation is required. Exhibit B 32 93 TOPIC/REGULATION Notes • All alternatives would be subject to existing policies and regulations enacted to avoid, reduce, or minimize impacts on natural environment. These regulations include the Kent Critical Areas Code (KCC 11.06) addressing wetlands, streams, wildlife and fisheries habitat, geologic hazard areas, frequently flooded areas, and aquifer recharge areas. Adverse impacts on critical areas must be mitigated and the mitigation sequence applied is avoidance, minimization, and mitigation per the Kent Critical Areas Code (KCC 11.06.550). • See also stormwater and drainage regulations. ENERGY AND NATURAL RESOURCES • The City has adopted the Washington State Energy Code in KCC Chapter 14.01, Building Codes. ENVIRONMENTAL HEALTH • The Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) established prohibitions and requirements concerning closed and abandoned hazardous waste sites. The act provides funding and governs cleanup of identified contaminated Superfund sites. • The Model Toxics Control Act (MTCA) sets standards for cleanup of lower levels of contaminants that are incorporated into new development and redevelopment parcels noted to have contamination potential. • The City of Kent specifically regulates hazardous substances or waste through performance standards contained in KCC 15.08.050. Future site- specific activities will comply with City Fire and Zoning Codes. NOISE • Certain noise-control measures would be required to comply with current City regulations (Chapter 8.05 KCC). Chapter 8.05 of the KCC establishes limits on the noise levels and durations of noise crossing property boundaries. Permissible noise levels at a receiving land use depend on its environmental designation for noise abatement (EDNA). These required measures would be the use of low-noise mechanical equipment at office and retail facilities adequate to comply with the City noise ordinance limits. Exhibit B 33 94 TOPIC/REGULATION Notes • If nighttime construction is requested by developers, then a noise control study would need to be submitted for City approval, demonstrating compliance with the City's nighttime noise ordinance limits. • Any roadway improvements in the Kent Planning Area that use state or federal funding would be required to prepare a traffic noise analysis to identify noise impacts at noise sensitive receivers and to assess whether state or federal funds could be used to abate identified impacts. • City rules for the EDNA system in WAC 173-60 fully exempts railroad noise (KCC 8.05.140 Other exemptions) • State rules, WAC 173-60, exempt railroad noise,except at night. • Federal regulations address railroad noise emissions, particularly noise defective railroad equipment. LAND USE AND AESTHETICS • Downtown Design Review Guidelines (2003): Design review guidelines set parameters for review, and give guidance to City staff performing administrative reviews of new development proposals. The guidelines address a broad range of urban design topics, including context-sensitive site planning, pedestrian amenities, parking lot landscaping, human- scaled architectural design,and building materials and details. • KCC 15.04.200, 205: Contain design guidelines, development standards, and conditions for development within areas covered by a mixed-use overlay, such as GC-MU. These design guidelines and development standards include limits on FAR, site coverage, and height, as well as setback and parking requirements. • KCC 15.08.210: Addresses the buffer between commercial or industrial districts, and residential zoning districts. Development standards include additional setbacks, building offsets, parking, noise, glare, landscaping, heights,and building size. • KCC 15.08.215: Addresses multifamily transition standards where multifamily residential districts abut single family districts. Development standards include additional setbacks, building offsets, and heights, as well as landscaping. Exhibit B 34 95 TOPIC/REGULATION Notes HOUSING • Any housing proposed for the study area will be in compliance with the City of Kent land use and development codes, and Title 14, Buildings and Construction. LIGHT AND GLARE • A purpose of the City's Landscape Regulations in KCC Chapter 15.07 is to buffer dwelling units from light and glare. • The Downtown Design Guidelines include "Site Design for Safety' measures that adress confining site lighting to the project site. RECREATION • The City's 2010 Park & Open Space Plan provides policies and recommended parks improvements. • The Downtown Design Guidelines and Standards require new development to locate corner buildings with a setback to allow for the corner to be a pedestrian attractive use (e.g. outdoor dining). • The Downtown Design Guidelines require residential open space such as individual balconies,shared courtyards, or rooftop space. CULTURAL RESOURCES • Chapter 14.12 of the KCC adopts King County Code Chapter 20.62 to designate and act as a landmarks commission for Kent. • Washington State has a number of laws that oversee the protection and proper excavation of archaeological sites (RCW 27.53, WAC 25-48), human remains (RCW 27.44), and historic cemeteries or graves (RCW 68.60). Under RCW 27.53, DAHP regulates the treatment of archaeological sites on both public and private lands and has the authority to require specific treatment of archaeological resources. All precontact resources or sites are protected, regardless of their significance or eligibility for local, state, or national registers. Historic archaeological resources or sites are protected unless DAHP has made a determination of"not-eligible" for listing on the WHR and the NRHP. Exhibit B 35 96 TOPIC/REGULATION Notes • The Governor's Executive Order 05-05 requires state agencies to integrate DAHP, the Governor's Office of Indian Affairs, and concerned tribes into their capital project planning process. This executive order affects any capital construction projects and any land acquisitions for purposes of capital construction not undergoing Section 106 review under the National Historic Preservation Act of 1966. TRANSPORTATION • Through Chapter 6.12 KCC, Kent requires employers of a certain size to encourage employees to reduce vehicle miles of travel and single- occupant vehicle commute trips. • Chapter 6.02 KCC requires developers to install public infrastructure improvements as conditions of permit. Infrastructure improvements include, but are not limited to rights-of-way and paved streets, street lighting systems; curbs, gutters, sidewalks, and landscaping; storm drainage systems; sanitary sewer systems; domestic water and fire systems; traffic control systems; and conduit for fiber optic systems. • Chapter 12.11 KCC sets forth specific standards providing for city compliance with the concurrency requirements of the Washington State Growth Management Act (GMA) and for consistency between city and countywide planning policies under the GMA. This chapter establishes a transportation concurrency management system (TCMS) to ensure that the necessary facilities or programs needed to maintain a minimum level of service can be provided simultaneous to, or within a reasonable time of new development as required in the GMA. • The City of Kent Transportation Master Plan includes capital improvement projects designed to help the City maintain transportation concurrency. • Chapter 12.14 KCC requires development to pay its fair share for capital improvement projects in the City's Transportation Master Plan and provides guidance for how impact fees are to be assessed. PUBLIC SERVICES • The City will monitor growth and demand through its regular Comprehensive Plan reviews, capital facility plan preparation, and budget process. Exhibit B 36 97 TOPIC/REGULATION Notes • Service providers could add facilities and staff to serve the growing population. Service providers should monitor growth and demand through their regular planning and budgeting processes. • The Kent Regional Fire Authority will apply its Concurrency Management Plan process to new development permits. • The Downtown Design Guidelines include safety measures such as "eyes on the street" and "safe landscaping designs" that are based on Crime Prevention through Environmental Design concepts. • KCC Title 13 contains the City's fire code and enforcement provisions. • The City assesses school impact fees to help school districts pay for a development's proportionate share of school district facilities serving the development. The City collects impact fees for the Kent School District that serves the Study Area (KCC 12.13). UTILITIES • Utilities will monitor growth and demand through their regular capital facility planning and budgeting processes. • The City will apply adopted functional plans for sewer and water systems. • The King County Solid Waste Management Plan includes measures to help facilitate and increase the amount of recyclable materials being diverted from the waste stream. These measures should reduce the amount of waste going to landfills via transfer stations and residential/commercial collection. Exhibit B 37 98 Section B-3: Public Agency Actions and Commitments Under some elements of the environment, specific City or other agency actions are identified. Generally, incorporation of these actions is intended to provide for consistency within the Comprehensive Plan or between the Plan and implementing regulations; to document pending City actions; to establish a protocol for long-term measures to provide for coordination with other agencies; or to identify optional actions that the City may take to reduce impacts. These actions are listed below, organized by the pertinent EIS element of the environment in which they are discussed. This Section B-3 will be used in the monitoring process established in Section 5 of the Planned Action Ordinance. Public Agency Mitigation Measures Short Term: Estimated Year Next Comp Plan of Completion Mitigation Measures Amendment Long Term Other Agency and Responsible Cycle or within Department 5 years Land Use Patterns and Plans and Policies The current DSAP is included as X Economic& Appendix B of the Comprehensive Plan Concurrent Community and some dates and references to the Amendment Development Downtown Plan may need to be amended(some references to Appendix B say the"1989 Downtown Plan). The City will extend design guidelines X and regulatory incentives for mixed-use Completion in development,particularly in the GC- 2013 MU district. With the DSAP Update,the City will X Economic& implement new zones.Following the Completion in Community DSAP Update,the City will prepare 2013-14 Development regulationsto implement DSAP Land Use Element goals and policies. The DSAP Update will serve as a new X X plan for the designated Urban Center Document consistent with Policy LU-14.1.VISION provided to 2040 and CPPs for King County guide PSRC through the contents of the DSAP Update to comment ensure plan consistency.PSRC will period. conduct a consistency review. If Alternative 2 Urban Center X Economic& boundaries are locally approved, Community approval may be needed at the county Development and four-county level(PSRC). Exhibit B 38 99 Short Term: Estimated Year Next Comp Plan of Completion Mitigation Measures Amendment Long Term Other Agency and Responsible Cycle or within Department 5 years The Transportation and Capital X Economic& Facilities Elements would be updated to Community be consistent with revised household Development and employment growth estimates/targets for the Urban Center, DSAP Study Area,and the Planning Area to ensure that adequate facilities are in place in time to accommodate growth,or the Land Use Element would be revisited as called for in Policy CF- 1.4 of the Comprehensive Plan. Transportation Incorporate street,pedestrian,and X Public Works bicycle improvements developed as Department mitigation in the 2013 SEIS into the next TMP and impact fee update. New development will impact the need X X Public Works for transit service and bus stop Department amenities.As demand grows at bus stops,the City can negotiate with King County for bus shelters. Implementation of Transportation X Public Works Demand Management(TDM)measures Department can facilitate use of alternative transportation modes.The City should consider creating a Transportation Management Association (TMA)within Downtown Kent.TMAs are non-profit, member-controlled organizations that provide transportation services in a particular area,such as Downtown Kent.They are generally public-private partnerships,consisting primarily of area businesses with local government support.TMAs provide an institutional framework for TDM Programs and services and allow small employers to provide Commute Trip Reduction services comparable to those offered by large companies. Parks Develop updated Parks and Open Space X Parks, Plan including standards for Urban Recreation& Park. Community Services Exhibit B 39 100 Short Term: Estimated Year Next Comp Plan of Completion Mitigation Measures Amendment Long Term Other Agency and Responsible Cycle or within Department 5 years Develop private open space and X Economic& recreation space for multifamily and Community mixed use development. Development Exhibit B 40 O v Y f0 6 U/ f0 U/ C U/ O Y E y L p O LA. aO C a O a R 7 f0 Y_ L W .a O C E f6 T E 0 T f6 V V N L Q H Q aE 0 co } O '-Z. 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N o.� �- o `v n .o J o O m L z •� � L O O � C 3 ° T W 3 3 y y > $ v E w m'> v 'i' > ., m m m 0 0 V w .� ,= O o. 'E c o. o v Q o v Q v v n g c 0 c Q N ¢a o Q w w m o vi w O = U C v m N i� mm V m = _ O O W N N v N p E p p O a m `v E = r orc ¢ X O Q W m Q c UV m V Q E X J ° O X M V p V WU1 WCm O = L C W d v v L U ate+ m /O V V O m J C N C wr -Om Jw — — v U W o� m aEV oC o N O V p= o M 0m Q a N E f0 v `v ' v c rc N J d 1p m v o 3 c m x w v x x W o D E n a O' W = N 46 c N aQuOi mc am+ LE O pcm pcm E Nv G . O v N m V p N ° v 2 OO W O V m LwZ Z C6 E +_+ 0 a m 72 t x w 00 0 109 ATTACHMENT F PAO Option 3 DCE Zoning Boundary ORDINANCE NO. AN ORDINANCE of the City Council of the City of Kent, Washington, establishing a Planned Action for the Downtown Subarea Action Plan pursuant to the State Environmental Policy Act. RECITALS A. On May 14, 2012, the Economic & Community Development Committee recommended to the City Council passage of a resolution declaring an emergency under the Growth Management Act, RCW 36.70A.130(2)(b), and 12.02.010.A.1 Kent City Code, to pursue an amendment to the Kent Comprehensive Plan to revise the 2005 Downtown Strategic Action Plan. The City Council passed Resolution 1857 on June 5, 2012 declaring an emergency. B. The City of Kent has adopted a Comprehensive Plan complying with the GMA. C. To guide Downtown's growth and redevelopment, the City has engaged in extensive planning for the Downtown Subarea and has adopted amendments to its Comprehensive Plan including the Downtown Subarea Action Plan (DSAP) Update. The DSAP supports the City Council's vision 1 Planned Action Ordinance Downtown Subarea Ordinance 110 statement and strategies for the creation of richly diverse neighborhood urban centers. D. The State Environmental Policy Act (SEPA) and implementing rules provide for the integration of environmental review with land use planning and project review through designation of "Planned Actions" by jurisdictions planning under the Growth Management Act (GMA). E. The City approved a Planned Action Ordinance for a portion of the Downtown Subarea in 2002 and has largely completed those actions. F. The City desires to designate a new Planned Action for a portion of the Downtown Subarea. G. Designation of a Planned Action expedites the permitting process for subsequent, implementing projects whose impacts have been previously addressed in a Planned Action environmental impact statement (EIS), and thereby encourages desired growth and economic development. H. On October 9, 2012, the City's SEPA responsible official issued a Determination of Significance (DS)/Scoping Notice for the City of Kent Downtown Subarea Action Plan Planned Action Supplemental Environmental Impact Statement, solicited public comment through a November 1, 2012, open house meeting, and invited comments during the scoping period, which closed November 2, 2012. A Draft Supplemental Environmental Impact Statement (SEIS) was issued on June 21, 2013. The Draft SEIS was considered during a public hearing on the DSAP, which was held on July 8, 2013 and July 22, 2013. A Final Supplemental Environmental Impact Statement was issued on October 4, 2013. 2 Planned Action Ordinance Downtown Subarea Ordinance 111 I. The DSAP SEIS supplements the City of Kent Comprehensive Plan Review and Midway Subarea Planned Action Environmental Impact Statement completed in 2011 (2011 EIS). J. The City of Kent Downtown Subarea Action Plan Planned Action Supplemental EIS (referenced as the 2013 SEIS) and the 2011 EIS jointly identify impacts and mitigation measures associated with planned development in the Downtown area. Together these are referenced as the Combined DSAP Planned Action EIS. K. The City has adopted development regulations and ordinances that will help protect the environment, and is adopting regulations specific to the Downtown Subarea that will guide the allocation, form and quality of desired development. L. The Kent City Code (KCC) 11.03.020 provides for Planned Actions within the City. M. The City as lead agency provided public comment opportunities through an SEIS scoping period in October 2012, and for the DSAP Update in 2012 and 2013 as part of a coordinated DSAP public participation program. • Extensive community visioning was conducted through individual interviews, three neighborhood meetings, and two online surveys. • A Downtown Steering Committee consisting of community business and property owners, local developers, citizens, and city leadership, convened seven (7) times between July 2012 and April 2013 for the purpose of advising the DSAP update. • The Land Use and Planning Board held workshops on June 25, 2012, October 22, 2012, March 11, 2013, May 13, 2013, May 28, 2013, 3 Planned Action Ordinance Downtown Subarea Ordinance 112 and June 24, 2013, to review the DSAP update and associated comprehensive plan and zoning text and map amendments. On July 8, 2013, and July 22, 2013, the Land Use and Planning Board held a public hearing to consider the draft DSAP update, land use plan map amendments, rezones, comprehensive plan and zoning text amendments and the Draft SEIS. • The City conducted three briefings and meetings with the City Council's Economic & Community Development Committee on June 11, 2012, March 11, 2013, and October 14, 2013. • The City Council was briefed on the DSAP Update and recommendations at a workshop held on September 17, 2013. N. The City Council's Economic & Community Development Committee hosted a community meeting on October 14, 2013 consistent with RCW 43.21C.440(3)(b). 0. On June 19 and June 21, 2013, the City provided the State of Washington the required sixty (60) day notification under RCW 36.70A.106 for the DSAP Update, Land Use Plan and Zoning District Map Amendments, Draft Planned Action and Infill Exemption Ordinances. On July 23, 2013, the City provided the State of Washington the required sixty (60) day notification under RCW 36.70A.106 for the Mixed Use Overlay Code Amendments and code reference correction for downtown design guidelines. The sixty (60) day notice periods have lapsed. P. On October 4, 2013, the City's SEPA responsible official issued the Final Planned Action SEIS for the DSAP Update. 4 Planned Action Ordinance Downtown Subarea Ordinance 113 Q. After providing appropriate public notice, on November 12, 2013, the City Council's Economic & Community Development Committee for the City of Kent considered the planned action ordinance at a public hearing. NOW, THEREFORE, the City Council of the City of Kent, Washington ordains as follows: SECTION 1, - Recitals. The recitals set forth above are incorporated herein by reference. SECTION 2, - Purpose. The City of Kent declares that the purpose of this ordinance is to: A. Combine environmental analysis, land use plans, development regulations, Kent codes and ordinances together with the mitigation measures in the Combined DSAP Planned Action EIS to mitigate environmental impacts and process Planned Action development applications in the Planned Action Area. B. Designate the central Downtown Subarea shown in Exhibit A as a Planned Action Area for purposes of environmental review and permitting of subsequent, implementing projects pursuant to SEPA, RCW 43.21C.031. C. Determine that the 2013 SEIS prepared for the DSAP Update together with the 2011 EIS prepared for the Comprehensive Plan meet the requirements of a Planned Action EIS pursuant to SEPA (together referenced as the Combined DSAP Planned Action EIS). 5 Planned Action Ordinance Downtown Subarea Ordinance 114 D. Establish criteria and procedures, consistent with state law, that will determine whether subsequent projects within the Planned Action Area qualify as Planned Actions. E. Provide the public with information about Planned Actions and how the City will process implementing projects within the Planned Action Area. F. Streamline and expedite the land use permit review process by relying on the Combined DSAP Planned Action EIS. G. Apply the City's development regulations together with the mitigation measures described in the Combined DSAP Planned Action EIS and this Ordinance to address the impacts of future development contemplated by this Ordinance. SECTION 3, - Findinas. The City Council finds as follows: A. The City is subject to the requirements of the GMA (RCW 36.70A), and is applying the Planned Action to an Urban Growth Area (UGA). B. The City has adopted a Comprehensive Plan complying with the GMA, and is amending the Comprehensive Plan to incorporate a subarea plan specific to the Downtown. C. The City is adopting zoning and development regulations in a phased approach both concurrent with and subsequent to the DSAP Update to implement said Plan, including this ordinance. D. The Combined DSAP Planned Action EIS has been prepared for the Planned Action Area, and the City Council finds that the EIS adequately 6 Planned Action Ordinance Downtown Subarea Ordinance 115 identifies and addresses the probable significant environmental impacts associated with the type and amount of development planned to occur in the designated Planned Action Area. E. The mitigation measures identified in the Combined DSAP Planned Action EIS and attached to this ordinance as Exhibit B, incorporated herein by reference, together with adopted City development regulations, will adequately mitigate significant impacts from development within the Planned Action Area. F. The DSAP Update and 2013 SEIS identify the location, type and amount of development that is contemplated by the Planned Action. G. Future projects that are implemented consistent with the Planned Action will protect the environment, benefit the public and enhance economic development. H. The City provided several opportunities for meaningful public involvement in the DSAP Update and 2013 SEIS, including a community meeting prior to the publication of notice for the Planned Action Ordinance; has considered all comments received; and, as appropriate, has modified the proposal or mitigation measures in response to comments. I. Essential public facilities defined in RCW 36.70A.200(1) are excluded from the Planned Action and are not eligible for review or permitting as Planned Actions unless they are accessory to or part of a project that otherwise qualifies as a Planned Action. J. The Planned Action applies to a defined area that is smaller than the overall City boundaries. 7 Planned Action Ordinance Downtown Subarea Ordinance 116 K. Public services and facilities are adequate to serve the proposed Planned Action, with implementation of mitigation measures identified in the Combined DSAP Planned Action EIS. SECTION 4, — Procedures and Criteria for Evaluating and Determinina Planned Action Proiects within Planned Action Area. A. Planned Action Area. This Planned Action designation shall apply to the area shown in Exhibit A, incorporated herein by reference. B. Environmental Document. A Planned Action determination for a site-specific project application within the Planned Action Area shall be based on the environmental analysis contained in the Draft City of Kent Downtown Subarea Action Plan Planned Action SEIS issued by the City on June 21, 2013 and the Final SEIS published on October 4, 2013 together with the City of Kent Comprehensive Plan Review and Midway Subarea Planned Action EIS completed in 2011 (considered together to be the Combined DSAP Planned Action EIS). The 2011 Draft and Final EIS as supplemented by the SEIS documents shall comprise the Planned Action EIS for the Planned Action Area. The mitigation measures contained in Exhibit B and attached to this Ordinance are based upon the findings of the Combined DSAP Planned Action EIS and shall, along with adopted City regulations, provide the framework that the City will use to apply appropriate conditions on qualifying Planned Action Projects within the Planned Action Area. C. Planned Action Designated. Land uses and activities described in the Combined DSAP Planned Action EIS, subject to the thresholds described in subsection 4.D and the mitigation measures contained in 8 Planned Action Ordinance Downtown Subarea Ordinance 117 Exhibit B, are designated Planned Actions or Planned Action Projects pursuant to RCW 43.21C.440. A development application for a site-specific Planned Action Project located within the Planned Action Area shall be designated a Planned Action if it completes a SEPA Checklist and City application and evaluation form, and any other form required by the City, and meets the criteria set forth in Subsection 4.D of this Ordinance and all other applicable laws, codes, development regulations and standards of the City are met. D. Planned Action Thresholds. The following thresholds shall be used to determine if a site-specific development proposed within the Planned Action Area was contemplated as a Planned Action and has had its environmental impacts evaluated in the Combined DSAP Planned Action EIS: (1) Qualifying Land Uses. (a) Planned Action Categories: The following general categories/types of land uses are defined the Downtown Subarea Plan and are considered Planned Actions: i. Residential: High and medium density multifamily residential; townhouses; multiplexes; and higher density single-family detached dwellings; ii. Employment: Dense and varied retail, office, commercial, and service activities; iii. Civic, governmental, and recreational uses; iv. Mixed use development with housing, employment, civic, governmental, and recreational uses. (b) Planned Action Uses: A land use shall be considered a Planned Action Land Use when: 9 Planned Action Ordinance Downtown Subarea Ordinance 118 i. it is within the Planned Action Area as shown in Exhibit A; ii. it is within the one or more of the land use categories described in subsection 1(a) above; and iii. it is listed in development regulations applicable to the zoning classifications applied to properties within the Planned Action Area. A Planned Action may be a single Planned Action use or a combination of Planned Action uses together in a mixed use development. Planned Action uses include accessory uses. (c) Public Services: The following public services, infrastructure and utilities are also Planned Actions: i. Pedestrian, bicycle, transit, and road improvements identified in the 2013 SEIS. ii. Parks and recreation facilities and improvements identified in the 2013 SEIS. (2) Development Thresholds: (a) Land Use: The following amounts of various new land uses are contemplated by the Planned Action: Base Year Alternative 2 Moderate Growth (2031) Growth Type 2006 Total Net Growth Households - 683 12403 44L5911720 Jobs 1,867 3,033 1,166 Total Activity Units:Jobs and 2-.>5929_,,5_50 -5;&445�436 3;442_,S__86 Households Notes: 'Includes hotel rooms and university students as part of"jobs"consistent with the presentation of growth figures in the prior 2011 EIS.These elements make up about 6-9%of the job totals depending on alternative. Numbers in SEIS reflectformula results'above numbersare rounded. Source:City of Kent 2011 and 2012 10 Planned Action Ordinance Downtown Subarea Ordinance 119 (b) Shifting development amounts between land uses in D(2)(a) may be permitted when the total build-out is less than the aggregate amount of development reviewed in the 2013 SEIS; the traffic trips for Alternative 2 Moderate Growth are not exceeded; and, the development impacts identified in the 2013 SEIS are mitigated consistent with Exhibit B. (c) To be considered a planned action, where a proposal includes the construction of a new building, the minimum height shall be two stories. The maximum height shall be consistent with those studied in the Combined DSAP Planned Action EIS and applicable in the subject zoning district. (d) Further environmental review may be required pursuant to WAC 197-11-172, if any individual Planned Action or combination of Planned Actions exceed the development thresholds specified in this Ordinance and/or alter the assumptions and analysis in the Combined DSAP Planned Action EIS. (3) Transportation Thresholds: (a) Trip Ranges &Thresholds. The number of new PM peak hour trips anticipated in the Planned Action Area and reviewed in the 2013 SEIS is as follows: Trip Generation—Planned Action Ordinance Area Planned Action Area Alternative Trip Ends* Growth Compared to Existing Existing Conditions(2006) 2,200 0 Alternative 2 a;s99a_a__00 4,aeai�_,6__00 Note:"PM peak hour vehicle trips. Source:Fehr&Peers,2013 11 Planned Action Ordinance Downtown Subarea Ordinance 120 (b) Concurrency. All Planned Actions shall meet the transportation concurrency requirements and the LOS thresholds established in Chapter 12.11 KCC, as amended by the 2008 Transportation Master Plan, and the multimodal levels of service established in the 2013 DSAP SEIS. (c) Traffic Impact Mitigation. Until the 2008 Transportation Master Plan and impact fee ordinance is updated, all Planned Actions shall pay their cost per trip for the street, pedestrian, and bicycle improvements identified in Exhibit B as part of the DSAP Study Area fee program in addition to the 2008 Transportation Master Plan and associated impact fee program, chapter 12.14 KCC. (d) Discretion. The public works director or the director's designee shall have discretion to determine incremental and total trip generation, consistent with the Institute of Traffic Engineers (ITE) Trip Generation Manual (latest edition) or an alternative manual, accepted at the director's sole discretion, for each project permit application proposed under this Planned Action. (4) Elements of the Environment and Degree of Impacts. A proposed project that would result in a significant change in the type or degree of adverse impacts to any element(s) of the environment analyzed in the Combined DSAP Planned Action EIS shall not qualify as a Planned Action. (5) Changed Conditions. Should environmental conditions change significantly from those analyzed in the Combined DSAP Planned Action EIS, the City's SEPA Responsible Official may determine that the Planned Action designation is no longer applicable until supplemental environmental review is conducted. E. Planned Action Review Criteria. 12 Planned Action Ordinance Downtown Subarea Ordinance 121 (1) The City's SEPA Responsible Official may designate as "Planned Actions", pursuant to RCW 43.21C.440, applications that meet all of the following conditions: (a) the proposal is located within the Planned Action Area identified in Exhibit A of this ordinance; (b) the proposed uses and activities are consistent with those described in the 2013 SEIS and Section 4.D of this ordinance; (c) the proposal is within the Planned Action thresholds and other criteria of Section 4.D of this ordinance; (d) the proposal is consistent with the Kent Comprehensive Plan and the Downtown Subarea Action Plan; (e) the proposal's significant adverse environmental impacts have been identified in the Combined DSAP Planned Action EIS; (f) the proposal's significant impacts have been mitigated by application of the measures identified in Exhibit B, and other applicable City regulations, together with any modifications or variances or special permits that may be required; (g) the proposal complies with all applicable local, state and/or federal laws and regulations, and the SEPA Responsible Official determines that these constitute adequate mitigation; and (h) the proposal is not an essential public facility as defined by RCW 36.70A.200(1), unless the essential public facility is accessory to or part of a development that is designated as a Planned Action under this ordinance. (2) The City shall base its decision on review of a SEPA checklist, or an alternative form approved in accordance with SEPA laws and rules, and review of the Planned Action application and evaluation form and supporting documentation. 13 Planned Action Ordinance Downtown Subarea Ordinance 122 (3) A proposal that meets the criteria of this section shall be considered to qualify and be designated as a Planned Action, consistent with the requirements of RCW 43.21C.440, WAC 197-11-164 et seq, and this ordinance. F. Effect of Planned Action. (1) Designation as a Planned Action Project by the SEPA Responsible Official means that a qualifying proposal has been reviewed in accordance with this Ordinance and found to be consistent with the development parameters and thresholds established herein, and with the environmental analysis contained in the Combined DSAP Planned Action EIS. (2) Upon determination by the City's SEPA Responsible Official that the proposal meets the criteria of Section 4.D and qualifies as a Planned Action, the proposal shall not require a SEPA threshold determination, preparation of an EIS, or be subject to further review pursuant to SEPA. G. Planned Action Permit Process. Applications for Planned Actions shall be reviewed pursuant to the following process: (1) Development applications shall meet all applicable requirements of the Kent City Code (KCC). Applications for Planned Actions shall be made on forms provided by the City and shall include the SEPA checklist. 14 Planned Action Ordinance Downtown Subarea Ordinance 123 (2) The City's SEPA Responsible Official shall determine whether the application is complete as provided in Chapter 12.01 KCC. (3) If the application is for a project within the Planned Action Area defined in Exhibit A, the application will be reviewed to determine if it is consistent with the criteria of this ordinance and thereby qualifies as a Planned Action Project. (a) The decision of the City's SEPA Responsible Official regarding consistency of a project as a Planned Action is a Type 1 decision. The SEPA Responsible Official shall notify the applicant of his/her decision. (b) If the project is determined to qualify as a Planned Action, it shall proceed in accordance with the applicable permit review procedures specified in Chapter 12.01 KCC, except that no SEPA threshold determination, EIS or additional SEPA review shall be required. (c) Notice of the application for a Planned Action Project shall be consistent with Chapter 12.01 KCC. (4) If notice is otherwise required for the underlying permit, the notice shall state that the project has qualified as a Planned Action. If notice is not otherwise required for the underlying permit, no special notice is required by this ordinance. (5) To provide additional certainty about applicable requirements, the City or applicant may request consideration and execution of a development agreement for a Planned Action Project, consistent with RCW 36.7013.170 et seq. (6) If a project is determined to not qualify as a Planned Action, the SEPA Responsible Official shall so notify the applicant and prescribe a 15 Planned Action Ordinance Downtown Subarea Ordinance 124 SEPA review procedure consistent with the City's SEPA regulations and the requirements of state law. The notice shall describe the elements of the application that result in failure to qualify as a Planned Action. (7) Projects that fail to qualify as Planned Actions may incorporate or otherwise use relevant elements of the Combined DSAP Planned Action EIS, as well as other relevant SEPA documents, to meet their SEPA requirements. The SEPA Responsible Official may limit the scope of SEPA review for the non-qualifying project to those issues and environmental impacts not previously addressed in the Combined DSAP Planned Action EIS. SECTION S. — Monitorina and Review. A. The City should monitor the progress of development in the designated Planned Action Area as deemed appropriate to ensure that it is consistent with the assumptions of this ordinance regarding the type and amount of development and associated impacts addressed in the Combined DSAP Planned Action EIS, and with the mitigation measures and improvements planned for the Planned Action Area in Exhibit B. B. This Planned Action Ordinance shall be reviewed by the SEPA Responsible Official no later than five years from its effective date. The review shall determine the continuing relevance of the Planned Action assumptions and findings with respect to environmental conditions in the Planned Action Area, the impacts of development, and required mitigation measures. Based upon this review, the City may propose amendments to this ordinance and/or may supplement or revise the Combined DSAP Planned Action EIS. 16 Planned Action Ordinance Downtown Subarea Ordinance 125 SECTION 6, — Corrections by City Clerk or Code Reviser. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; ordinance, section, or subsection numbering; or references to other local, state or federal laws, codes, rules, or regulations. SECTION 7, — Severability. If any one or more section, subsection, or sentence of this ordinance is held to be unconstitutional or invalid, that decision shall not affect the validity of the remaining portion of this ordinance and that remaining portion shall maintain its full force and effect. SECTIONS. — Effective Date. This ordinance shall be in force five (5) days after its passage and publication, as provided by law. SUZETTE COOKE, MAYOR ATTEST: RONALD F. MOORE, CITY CLERK APPROVED AS TO FORM: ARTHUR "PAT" FITZPATRICK, ACTING CITY ATTORNEY PASSED: day of , 2013. 17 Planned Action Ordinance Downtown Subarea Ordinance 126 APPROVED: day of 2013. PUBLISHED: day of 2013. I hereby certify that this is a true copy of Ordinance No. passed by the City Council of the City of Kent, Washington, and approved by the Mayor of the City of Kent as hereon indicated. (SEAL) RONALD F. MOORE, CITY CLERK S:\Permit\Plan\COMP_PLAN_AMENDMENTS\2012\CPA-2012-1 Downtown\PAO Infill\FINAL_PAO Ord.Do 18 Planned Action Ordinance Downtown Subarea Ordinance 127 EXHIBIT A PLANNED ACTION AREA Downtown Subarea m Action Plan ; Legeind ,♦� �E-] iµ Planned ALolpn Area � ♦ ASAP Study Area ' ♦♦ FI ,0 Tay Parcels 201.2 ,p+ •♦l♦ ' �� f _ "guy � °"KENT ♦ }} .I y Ld � �� i 13 pro earn ras u,.o-- - - - - - - - - - - - - - - - - - - - - - - H Prnao..pw,,.b Exhibit A 19 128 EXHIBIT B COMBINED DSAP PLANNED ACTION EIS MITIGATION MEASURES Section B-1. Mitigation Required for Development Applications INTRODUCTION The City of Kent issued the Draft Downtown Subarea Action Plan Planned Action SEIS on June 21, 2013 and the Final SEIS on October 4, 2013 (referenced as the 2013 SEIS). Previously, the City completed the City of Kent Comprehensive Plan Review and Midway Subarea Planned Action EIS in 2011 (referenced as the 2011 EIS). The Draft and Final EIS as supplemented by the SEIS documents comprise the Combined DSAP Planned Action EIS for the Planned Action Area (see Exhibit A). The Combined DSAP Planned Action EIS has identified significant beneficial and adverse impacts that are anticipated to occur with the future development of the Planned Action Area, together with a number of possible measures to mitigate those significant adverse impacts. Please see the Combined DSAP Planned Action EIS for a description of impacts, mitigation measures,and significant unavoidable adverse impacts. A Mitigation Document is provided in this Exhibit Section B-1, and it establishes specific mitigation measures, based upon significant adverse impacts identified in the Combined DSAP Planned Action EIS. The mitigation measures in this Exhibit B-1 shall apply to future development proposals which are consistent with the Planned Action scenarios reviewed in the Combined DSAP Planned Action EIS, and which are located within the Downtown Subarea Action Plan Planned Action Area (see Exhibit A). Exhibits B-2 and B-3 provide advisory notes on applicable regulations and commitments and city actions for monitoring purposes and may be consulted as appropriate. Where a mitigation measure includes the words "shall" or"will," inclusion of that measure in project plans is mandatory in order to qualify a project as a Planned Action. Where "should" or "would" appear, the mitigation measure may be considered by the project applicant as a source of additional mitigation, as feasible or necessary, to ensure that a project qualifies as a Planned Action. Unless stated specifically otherwise, the mitigation measures that require preparation of plans, conduct of studies, construction of improvements, conduct of maintenance activities, etc., are the responsibility of the applicant or designee to fund and/or perform. Exhibit B 20 129 MITIGATION MEASURES Notes Land Use Patterns The following mitigation measures shall be applied to Planned Actions: 1. Solar Access: Until superseded by amended design standards or guidelines in the Kent City Code, solar access for public pedestrian spaces, pedestrian/bicycle pathways, parks, schools and other areas sensitive to shading shall be preserved by requiring upper-story or ground-level setbacks for adjacent development. To the greatest extent possible, new development shall minimize casting shadows on public spaces during their primary hours of daytime use. 2. Public Views: The City may condition Planned Actions to incorporate site design measures that preserve significant public views from public areas. Transportation This section applies measures to mitigate the impacts of new development on transportation infrastructure, including streets, pedestrian facilities, bicycle facilities, and transit infrastructure and services. Until the 2008 Transportation Master Plan and impact fee ordinance are updated, all Planned Actions shall pay their cost per trip for the street, pedestrian, and bicycle improvements identified below as part of the DSAP Study Area fee program in addition to the 2008 Transportation Master Plan and associated impact fee program, KCC 12.14 Transportation Impact Fees. 3. Street Mitigation Measures Table 1 summarizes the street mitigation projects that have been identified for the DSAP Study Area. The cost is shared between development inside the Planned Action Area and outside the Planned Action Area. The Planned Action Area cost per trip is shown in Mitigation Measure 6. Table 1. Street Mitigation Measures—Alternative 2 Location Description Cost Estimate' Meeker Street&4th Restripe roadway to reduce width of Avenue westbound receiving lane and allow $5,000-$10,000 eastbound left turn pocket Notes: 1. The costs shown are estimates only and would vary based on the specific needs of each project. Fehr&Peers,2013 Exhibit B 21 130 MITIGATION MEASURES Notes 4. Pedestrian Mitigation Measures Key arterial and collector sidewalk links are identified in the 2013 SEIS and could be used by all pedestrians within Downtown Kent. In addition, there are several sidewalk need areas along local streets in Downtown Kent. Sidewalks will be completed by new development consistent with the City's frontage design standards. Specifically, under the preferred alternative (Alternative 2} , development within the Planned Action Area will be responsible for a cost of $340,000 to $470,000. Each new development's proportional share will be calculated based on the amount and type of land use proposed. The following sidewalk segments in Table 2 are identified for improvement in the Planned Action Area. The cost per trip is identified in Mitigation Measure 6. Table 2. Sidewalk Improvements—Alternatives 2 Planned Action Area Roadway Classification Feet of Sidewalk Cost Estimate Principal Arterial 1,220 $290,000-$400,000 Minor Arterial 200 $50,000-$70,000 Collector N/A N/A Total 1,420 $340,000-$470,000 Note:The costs shown are estimates only and would vary based on the specific needs of each project. Fehr&Peers,2013 S. Bicycle Mitigation Measures Bicycle facilities identified in the 2013 SEIS are needed to complete the 2008 Transportation Master Plan. The bicycle routes will serve the needs of all Downtown travelers. New development will share the cot of implementing these facilities. Specifically, under the preferred alternative Alterna ive2 development within the Planned Action Area will be responsible for a cost of 25,000. Each new development's proportional share shall be calculated based on the amount and type of land use proposed. The cost per trip is identified in Mitigation Measure 6. The following bicycle segments in Table 3 are identified for improvement. Exhibit B 22 131 MITIGATION MEASURES Notes Table 3. Bicycle Facility Improvements—Alternatives 2 Planned Action Area Bicycle Facility Type Feet of Bicycle Facility Cost Estimate Restripi ig for Bicycle Lane00411400 $10;00071000 Shared Bicycle Facility 6,110 $18,000 Total I 9—,-b87_,5_10 $ , 25__Jo00 Note:The costs shown are estimates only and would vary based on the specific needs of each project. Fehr&Peers,2013. 6. Planned Action Per Trip Fee to Implement Street, Pedestrian, and Bicycle Improvements Table 4 ncludes the Planned Action Area costs per trip based on the estimates included in Mitigati n Measures 3-5 for Alternatives 2. For those estimates that were given as a range,the tables below use the upper end of the range. Table 4.Alternative 2 -Mitigation Measure Cost Estimates per Trip Planned Action Area Mitigation Measure Type 4,7WI_�f®QTrip Growth over Existing Cost Cost per Trip Street $3_,,0_009-,1 t $442-1.88 Pedestri in $470,000 $27&s:4a293.75 Bicycle $22&,00925 000 $-1Fi:471563 Total $&0=.t;10049&.000 $ 311.26 Notes: 1. The total cost of$10,000 is shared proportionately between the Planned Action Area and nfill Exemption Areas according to the numbeI of trips generated(&I30 percent by the Planned Action Area and 69-70 percent by the nfill Exemption Area). Fehr&Peers,2013 7. Transit: New development shall be required to provide convenient pedestrian connections to bus stops. Parks Until such time as the City adopts a new Parks and Open Space Plan, and adopts Kent City Code amendments addressing public and private open space and recreation standards and requirements applicable to the Planned Action Area, the following mitigation measures shall apply. Following adoption of a new Parks and Open Space Plan Kent City Code amendments such standards shall supersede the measures below. Exhibit B 23 132 MITIGATION MEASURES Notes 8. Urban Park Space: Each Planned Action shall dedicate onsite two hundred and fifty (250) square feet of public park area per dwelling unit or provide a fee in lieu of dedication consistent with Mitigation Measure 10. 9. Private Onsite Recreation and Open Space: Each Planned Action shall provide private onsite recreation space for leisure, play, and sport activities at a ratio of two hundred (200) square feet per dwelling unit. Each residential or mixed-use development is required to provide the private space in one or more of the following arrangements. • An individual balcony or screened patio for each unit • Small, shared courtyards and a furnished children's play area • Roof-top open space—roof garden or game court The recreation space proposed by the applicant shall be approved by the parks and community services director. Alternatively up to fifty percent (50%) of the private open space may be accomplished offsite or through a fee in lieu consistent with Mitigation Measure 10. 10. Through a negotiated voluntary agreement the City may allow fifty percent (50%) of the private recreation space and 100%of the public recreation space in Mitigation Measures&8 and 389 to be: 1) accomplished offsite as approved by the parks and community services director; or 2) a fee-in-lieu of providing the space onsite following the procedures in KCC 12.04.065. Air Quality 11. The City shall require all construction contractors to implement air quality control plans for construction activities. The air quality control plans will include best management practices (BMPs) to control fugitive dust and odors emitted by diesel construction equipment, including but not limited to the following measures. A. Develop a fugitive dust control plan. B. Use water sprays or other non-toxic dust control methods on unpaved roadways. C. Minimize vehicle speed while traveling on unpaved surfaces. D. Prevent track out of mud onto public streets. E. Cover soil piles when practical. F. Minimize work during periods of high winds when practical. G. Maintain the engines of construction equipment according to manufacturers'specifications. H. Minimize idling of equipment while the equipment is not in use. I. Burning of slash or demolition debris will not be permitted without express approval from the Puget Sound Clean Air Agency (PSCAA). No slash burning is anticipated for any Exhibit B 24 133 MITIGATION MEASURES Notes construction projects in the study area. 12. The City shall require Planned Action applicants to identify the reduction measures in Table 5that are being implemented in their projects, and explain why other measures found in the table are not included or are not applicable. The City shall, as appropriate, condition Planned Action applications to incorporate reduction measures determined (by the City based on the development application) feasible and appropriate for site conditions. Exhibit B 25 134 MITIGATION MEASURES Notes Table 5. Potential Greenhouse Gas Reduction Measures Reduction Measures Comments Site Design Plant large-caliper trees and mature vegetation near Trees and vegetation that directly shade buildings structuresto shade buildings decrease demand for air conditioning.By reducing energy demand,trees and vegetation decrease the production of associated air pollution and GHG emissions.They also remove air pollutants and store and sequester carbon dioxide.Thus trees and vegetation reduce onsite fuel combustion emissions and purchased electricity plus enhance carbon sinks. Minimize building footprint. Reduces onsite fuel combustion emissions and purchased electricity consumption,materials used, maintenance,land disturbance,and direct construction emissions. Design water efficient landscaping. Minimizes water consumption,purchased energy,and upstream emissionsfrom water management. Minimize energy use through building orientation. Reduces onsite fuel combustion emissions and purchased electricity consumption Building Design and Operations Apply LEED(Leadership in Energy and Environmental Reduces onsite fuel combustion emissions and Design)standards(or equivalent)for design and operations offsite/indirect purchased electricity,water use,waste disposal Purchase Energy Star equipment and appliancesfor public Reduces onsite fuel combustion emissions and agency use. purchased electricity consumption Incorporate onsite renewable energy production,including Reduces onsite fuel combustion emissions and installation of photovoltaic cells or other solar options. purchased electricity consumption. Design street lights to use energy efficient bulbs and fixtures Reduces purchased electricity. Construct"green roofs'and use high-albedo roofing Reduces onsite fuel combustion emissions and materials. purchased electricity consumption Install high-efficiency HVAC systems. Minimizes fuel combustion and purchased electricity consumption. Eliminate or reduce use of refrigerants in HVAC systems. Reduces fugitive emissions. Compare refrigerant usage before/after to determine GHG reduction. Maximize interior day lighting through floor plates, Increases natural/day lighting initiatives and reduces increased building perimeter and use of skylights, purchased electrical energy consumption. clerestories and light wells. Incorporate energy efficiency technology such as:super Reduces fuel combustion and purchased electricity insulation motion sensors for lighting and climate control consumption. efficient,directed exterior lighting Exhibit B 26 135 MITIGATION MEASURES Notes Reduction Measures Comments Use water conserving fixtures that surpass building code Reduces water consumption. requirements. Re-use gray water or collect and re-use rainwater. Reduces water consumption with its indirect upstream electricity requirements. Recycle demolition debris and use recycled building Reduces extraction of purchased materials,possibly materials and products. reduces transportation of materials,encourages recycling and reduction of solid waste disposal. Use building materials that are extracted or manufactured Reduces transportation of purchased materials within the region. Use rapidly renewable building materials. Reduces emissions from extraction of purchased materials Conduct 3rd party building commissioning to ensure energy Reduces fuel combustion and purchased electricity performance. consumption. Track energy performance of building and develop strategy Reduces fuel combustion and purchased electricity to maintain efficiency. consumption. Transportation Size parking capacity to not exceed local parking Reduced parking discourages auto dependent travel, requirements and,where possible,seek reductions in encouraging alternative modes such as transit,walking, parking supply through special permits or waivers. biking etc. Reduces direct and indirect vehicle miles travelled (VMT) Develop and implement a marketing/information program Reduces direct and indirect VMT that includes posting and distribution of ridesharing/transit information. Subsidize transit passes. Reduce employee trips during Reduces employee VMT peak periods through alternative work schedules, telecommuting,or flex-time. Provide a guaranteed ride home program. Provide bicycle storage and showers/changing rooms. Reduces employee VMT Utilize traffic signalization and coordination to improve Reduces transportation emissions and VMT traffic flow and support pedestrian and bicycle safety. Apply advanced technology systems and management Reduces emissions from transportation by minimizing strategies to improve operational efficiency of local streets. idling and maximizing transportation routes/systems for fuel efficiency. Develop shuttle systems around business district parking Reduces idling fuel emissions and direct and indirect garagesto reduce congestion and create shorter commutes. VMT Source:City of Kent 2011 Exhibit B 27 136 MITIGATION MEASURES Notes Water Resources 13. By December 31, 2016, regulations will be in place to address water quality treatment and promote low impact development measures that are equivalent to the 2012 Department of Ecology Western Washington Stormwater Management Manual. Prior to 2016, the City shall require that applicants identify any low impact development (LID) techniques described in the 2012 Ecology manual and demonstrate why unincorporated LID techniques are not feasible. Flow reduction credits provided in the Ecology stormwater manual for use in LID facilities will translate into smaller stormwater treatment and flow control facilities over those which use conventional methods. In certain cases, use of various LID techniques can result in elimination of stormwater mitigation facilities entirely. As part of required land use, building, or construction permits, the City may condition applications to incorporate feasible and site- appropriate LID techniques. Noise 14. To reduce construction noise at nearby receptors, the following mitigation measures shall be incorporated into construction plans and contractor specifications: A. Locating stationary equipment away from receiving properties will decrease noise from that equipment. B. Erecting portable noise barriers around loud stationary equipment located near sensitive receivers will reduce noise. C. Limiting construction activities between 10:00 p.m. and 7:00 a.m. to avoid sensitive nighttime hours. D. Turning off idling construction equipment to eliminate unnecessary noise. E. Requiring contractors to rigorously maintain all equipment to potentially reduce noise effects. F. Training construction crews to avoid unnecessarily loud actions (e.g., dropping bundles of rebar onto the ground or dragging steel plates across pavement) near noise-sensitive areas to reduce noise effects. 15. At its discretion,the City may require all prospective Planned Action developers to use low-noise mechanical equipment adequate to ensure compliance with the City's daytime and nighttime noise ordinance limits. Depending on the nature of the proposed development, the City may require the developer to conduct a noise impact study to forecast future noise levels and to specify appropriate noise control measures. Exhibit B 28 137 MITIGATION MEASURES Notes 16. To address traffic and transit noise, the City may, at its discretion, require new residential development to install triple-pane glass windows or other building insulation measures using its authority under the Washington State Energy Code (KCC 14.01.010). Cultural Resources 17. In the event that a future development project in the study area is proposed on or immediately surrounding a site containing an archaeological resource, as defined in Chapter 27.53 RCW, the potential impacts on the archaeological resource shall be considered and, if needed, a study conducted by a professional archaeologist shall be required to be conducted at the applicant's expense to determine whether the proposed development project would materially impact the archaeological resource. 18. If the impacts on archaeological resources cannot be avoided, the City shall require that an applicant obtain all appropriate permits consistent with state and federal laws and that any required archaeological studies are completed before permitting any project that would disturb archaeological resource(s). Under Chapter 27.53 RCW, a permit must be obtained from the department of archaeology and historic preservation (DAHP) prior to disturbing a known archaeological resource or site. The avoidance of archaeological resources through selection of project alternatives and changes in design of project features in the specific area of the affected resource(s) would eliminate the need for measuring or mitigating impacts. 19. Developers and property owners shall immediately stop work and notify the City, DAHP, and affected tribes if archaeological resources are uncovered during excavation. Following such notification, the City may require implementation of Mitigation Measures 17 and 18. 20. If impacts cannot be avoided on a historic resource that is determined eligible for listing on either state or national historic registers, the applicant shall consult with DAHP regarding mitigation options and shall provide documentation of consultation to the City. 21. To include DAHP in the review of historic properties within the Planned Action Area, the City will notify the state historic preservation officer (SHPO) regarding proposals involving eligible or designated historic properties through the evaluation of proposals under the Planned Action Ordinance consistent with Chapter 12.01 KCC. Exhibit B 29 138 Section B-2. Advisory Notes to Applicants: Applicable Regulations The Combined DSAP Planned Action EIS identifies specific regulations that act as mitigation measures. These are summarized below by EIS topic. All applicable federal, state, and local regulations shall apply to Planned Actions. Planned Action applicants shall comply with all adopted regulations where applicable including those listed in the EIS and those not included in the EIS. TOPIC/REGULATION Notes EARTH • The Kent Critical Areas Ordinance (KCC 11.06) would apply to development and redevelopment in the Study Area. For example, KCC 11.06.760.E.1.b of the code specifies the following mitigation required for seismic hazard areas: Mitigation based on the best available engineering and geotechnical practices shall be implemented which either eliminates or minimizes the risk of damage, death, or injury resulting from seismically induced settlement or soil liquefaction. Mitigation shall be consistent with the requirements of Ch. 14.01 KCC and shall be approved by the building official. • The Kent Surface Water and Drainage Code (KCC 7.07) requires a drainage plan for surface and pertinent subsurface water flows entering, flowing within and leaving the subject property both during and after construction, and would address measures to minimize erosion. • The International Building Code (KCC Chapter 14.01 Building Codes) includes standards intended to reduce risks associated with seismic activity,and it allows the City to require geotechnical studies. • The City administers grading permits through various codes (e.g. the construction standards in KCC Chapter 6.02 Required Infrastructure Improvements). AIR QUALITY • All stationary emissions sources associated with new commercial facilities will be required to register with PSCAA(Regulation I and Regulation II). Exhibit B 30 139 TOPIC/REGULATION Notes • As part of future project-specific NEPA documentation for individual new roadway improvement projects, the City will be required to conduct CO hot-spot modeling (as required under WAC 173-420) for state-funded or federally-funded projects to demonstrate that the projects would not cause localized impacts related to increased CO emissions from vehicle tailpipes at congested intersections. • Mobile source air toxics include benzene, 1,3-butadiene, formaldehyde, acetaldehyde, acrolein, polycyclic organic matter (POM), naphthalene, and diesel particulate matter. Because of potential health and environmental effects, the US Environmental Protection Agency developed a rule in 2007 to reduce hazardous air pollutants from mobile sources. The rule will limit the benzene content of gasoline and reduce toxic emissions from passenger vehicles and gas cans. The rule is expected to reduce total emissions of mobile source air toxics by 330,000 tons as well as reduce other emissions (such as precursors to ozone and PM2.5). (EPA September 2012) WATER • In Washington, compliance with the federal Clean Water Act is administered by the Washington State Department of Ecology (Ecology). Development and redevelopment projects would generally be covered by and subject to the restrictions of National Pollutant Discharge and Elimination System (NDPES) construction permits. • The Washington State Hydraulic Code Rules (WAC 220-110) apply to any project that takes place within or over the bed and banks of waters of the state. Aquatic projects require a hydraulic project approval (HPA) from the Washington Department of Fish and Wildlife (WDFW). • All alternatives would be subject to existing policies and regulations enacted to avoid, reduce, or minimize impacts on natural environment. These regulations include the Kent Critical Areas Code (KCC 11.06) addressing wetlands, streams, wildlife and fisheries habitat, geologic hazard areas, frequently flooded areas, and aquifer recharge areas. Adverse impacts on critical areas must be mitigated and the mitigation sequence applied is avoidance, minimization, and mitigation per the Kent Critical Areas Code (KCC 11.06.550). Exhibit B 31 140 TOPIC/REGULATION Notes • KCC 14.09, Flood Hazard Regulations, regulates building in special flood hazard areas and requires building standards to protect structures from flood damage as well as requires compensation for loss of flood storage. Any development or redevelopment would be subject to these rules. • The Kent Surface Water and Drainage Code (KCC 7.07) would apply to development and redevelopment in the Study Area. • All development is required to comply with the standards set forth in the Kent Surface Water Design Manual (City of Kent 2002). These standards have been adjusted to meet equivalency requirements of the Washington State Department of Ecology's Stormwater Management Manual for Western Washington (2005). Section 5.8 of the City of Kent 2009 Design and Construction Standards encourages the use of non-structural preventive actions and source reduction approaches such as Low Impact Development (LID) techniques, measures to minimize the creation of impervious surfaces, and measures to minimize the disturbance of native soils and vegetation. The city recognizes that LID techniques are not practical for all locations, depending on soil type and other factors. Approval for LID techniques will be on a case-by-case basis. PLANTS • All alternatives would be subject to existing policies and regulations enacted to avoid, reduce, or minimize impacts on the natural environment. These regulations include the Kent Critical Areas Code (KCC 11.06). Adverse impacts on critical areas must be mitigated and the mitigation sequence applied is avoidance, minimization, and mitigation per the Kent Critical Areas Code (KCC 11.06.550). • KCC Chapter 15.07, Landscaping Regulations, provides landscape standards for the perimeter of properties, parking areas, and transition areas between higher intensity zones and lower density zones. ANIMALS • Projects with federal nexus are subject to review and interagency consultation under Section 7 of the federal Endangered Species Act(ESA). Federal review applies to any project with federal nexus, such as projects with federal funding or that require federal permits. Impacts on ESA listed species must be avoided and minimized, and in some cases mitigation is required. Exhibit B 32 141 TOPIC/REGULATION Notes • All alternatives would be subject to existing policies and regulations enacted to avoid, reduce, or minimize impacts on natural environment. These regulations include the Kent Critical Areas Code (KCC 11.06) addressing wetlands, streams, wildlife and fisheries habitat, geologic hazard areas, frequently flooded areas, and aquifer recharge areas. Adverse impacts on critical areas must be mitigated and the mitigation sequence applied is avoidance, minimization, and mitigation per the Kent Critical Areas Code (KCC 11.06.550). • See also stormwater and drainage regulations. ENERGY AND NATURAL RESOURCES • The City has adopted the Washington State Energy Code in KCC Chapter 14.01, Building Codes. ENVIRONMENTAL HEALTH • The Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) established prohibitions and requirements concerning closed and abandoned hazardous waste sites. The act provides funding and governs cleanup of identified contaminated Superfund sites. • The Model Toxics Control Act (MTCA) sets standards for cleanup of lower levels of contaminants that are incorporated into new development and redevelopment parcels noted to have contamination potential. • The City of Kent specifically regulates hazardous substances or waste through performance standards contained in KCC 15.08.050. Future site- specific activities will comply with City Fire and Zoning Codes. NOISE • Certain noise-control measures would be required to comply with current City regulations (Chapter 8.05 KCC). Chapter 8.05 of the KCC establishes limits on the noise levels and durations of noise crossing property boundaries. Permissible noise levels at a receiving land use depend on its environmental designation for noise abatement (EDNA). These required measures would be the use of low-noise mechanical equipment at office and retail facilities adequate to comply with the City noise ordinance limits. Exhibit B 33 142 TOPIC/REGULATION Notes • If nighttime construction is requested by developers, then a noise control study would need to be submitted for City approval, demonstrating compliance with the City's nighttime noise ordinance limits. • Any roadway improvements in the Kent Planning Area that use state or federal funding would be required to prepare a traffic noise analysis to identify noise impacts at noise sensitive receivers and to assess whether state or federal funds could be used to abate identified impacts. • City rules for the EDNA system in WAC 173-60 fully exempts railroad noise (KCC 8.05.140 Other exemptions) • State rules, WAC 173-60, exempt railroad noise,except at night. • Federal regulations address railroad noise emissions, particularly noise defective railroad equipment. LAND USE AND AESTHETICS • Downtown Design Review Guidelines (2003): Design review guidelines set parameters for review, and give guidance to City staff performing administrative reviews of new development proposals. The guidelines address a broad range of urban design topics, including context-sensitive site planning, pedestrian amenities, parking lot landscaping, human- scaled architectural design,and building materials and details. • KCC 15.04.200, 205: Contain design guidelines, development standards, and conditions for development within areas covered by a mixed-use overlay, such as GC-MU. These design guidelines and development standards include limits on FAR, site coverage, and height, as well as setback and parking requirements. • KCC 15.08.210: Addresses the buffer between commercial or industrial districts, and residential zoning districts. Development standards include additional setbacks, building offsets, parking, noise, glare, landscaping, heights,and building size. • KCC 15.08.215: Addresses multifamily transition standards where multifamily residential districts abut single family districts. Development standards include additional setbacks, building offsets, and heights, as well as landscaping. Exhibit B 34 143 TOPIC/REGULATION Notes HOUSING • Any housing proposed for the study area will be in compliance with the City of Kent land use and development codes, and Title 14, Buildings and Construction. LIGHT AND GLARE • A purpose of the City's Landscape Regulations in KCC Chapter 15.07 is to buffer dwelling units from light and glare. • The Downtown Design Guidelines include "Site Design for Safety' measures that adress confining site lighting to the project site. RECREATION • The City's 2010 Park & Open Space Plan provides policies and recommended parks improvements. • The Downtown Design Guidelines and Standards require new development to locate corner buildings with a setback to allow for the corner to be a pedestrian attractive use (e.g. outdoor dining). • The Downtown Design Guidelines require residential open space such as individual balconies,shared courtyards, or rooftop space. CULTURAL RESOURCES • Chapter 14.12 of the KCC adopts King County Code Chapter 20.62 to designate and act as a landmarks commission for Kent. • Washington State has a number of laws that oversee the protection and proper excavation of archaeological sites (RCW 27.53, WAC 25-48), human remains (RCW 27.44), and historic cemeteries or graves (RCW 68.60). Under RCW 27.53, DAHP regulates the treatment of archaeological sites on both public and private lands and has the authority to require specific treatment of archaeological resources. All precontact resources or sites are protected, regardless of their significance or eligibility for local, state, or national registers. Historic archaeological resources or sites are protected unless DAHP has made a determination of"not-eligible" for listing on the WHR and the NRHP. Exhibit B 35 144 TOPIC/REGULATION Notes • The Governor's Executive Order 05-05 requires state agencies to integrate DAHP, the Governor's Office of Indian Affairs, and concerned tribes into their capital project planning process. This executive order affects any capital construction projects and any land acquisitions for purposes of capital construction not undergoing Section 106 review under the National Historic Preservation Act of 1966. TRANSPORTATION • Through Chapter 6.12 KCC, Kent requires employers of a certain size to encourage employees to reduce vehicle miles of travel and single- occupant vehicle commute trips. • Chapter 6.02 KCC requires developers to install public infrastructure improvements as conditions of permit. Infrastructure improvements include, but are not limited to rights-of-way and paved streets, street lighting systems; curbs, gutters, sidewalks, and landscaping; storm drainage systems; sanitary sewer systems; domestic water and fire systems; traffic control systems; and conduit for fiber optic systems. • Chapter 12.11 KCC sets forth specific standards providing for city compliance with the concurrency requirements of the Washington State Growth Management Act (GMA) and for consistency between city and countywide planning policies under the GMA. This chapter establishes a transportation concurrency management system (TCMS) to ensure that the necessary facilities or programs needed to maintain a minimum level of service can be provided simultaneous to, or within a reasonable time of new development as required in the GMA. • The City of Kent Transportation Master Plan includes capital improvement projects designed to help the City maintain transportation concurrency. • Chapter 12.14 KCC requires development to pay its fair share for capital improvement projects in the City's Transportation Master Plan and provides guidance for how impact fees are to be assessed. PUBLIC SERVICES • The City will monitor growth and demand through its regular Comprehensive Plan reviews, capital facility plan preparation, and budget process. Exhibit B 36 145 TOPIC/REGULATION Notes • Service providers could add facilities and staff to serve the growing population. Service providers should monitor growth and demand through their regular planning and budgeting processes. • The Kent Regional Fire Authority will apply its Concurrency Management Plan process to new development permits. • The Downtown Design Guidelines include safety measures such as "eyes on the street" and "safe landscaping designs" that are based on Crime Prevention through Environmental Design concepts. • KCC Title 13 contains the City's fire code and enforcement provisions. • The City assesses school impact fees to help school districts pay for a development's proportionate share of school district facilities serving the development. The City collects impact fees for the Kent School District that serves the Study Area (KCC 12.13). UTILITIES • Utilities will monitor growth and demand through their regular capital facility planning and budgeting processes. • The City will apply adopted functional plans for sewer and water systems. • The King County Solid Waste Management Plan includes measures to help facilitate and increase the amount of recyclable materials being diverted from the waste stream. These measures should reduce the amount of waste going to landfills via transfer stations and residential/commercial collection. Exhibit B 37 146 Section B-3: Public Agency Actions and Commitments Under some elements of the environment, specific City or other agency actions are identified. Generally, incorporation of these actions is intended to provide for consistency within the Comprehensive Plan or between the Plan and implementing regulations; to document pending City actions; to establish a protocol for long-term measures to provide for coordination with other agencies; or to identify optional actions that the City may take to reduce impacts. These actions are listed below, organized by the pertinent EIS element of the environment in which they are discussed. This Section B-3 will be used in the monitoring process established in Section 5 of the Planned Action Ordinance. Public Agency Mitigation Measures Short Term: Estimated Year Next Comp Plan of Completion Mitigation Measures Amendment Long Term Other Agency and Responsible Cycle or within Department 5 years Land Use Patterns and Plans and Policies The current DSAP is included as X Economic& Appendix B of the Comprehensive Plan Concurrent Community and some dates and references to the Amendment Development Downtown Plan may need to be amended(some references to Appendix B say the"1969 Downtown Plan). The City will extend design guidelines X and regulatory incentives for mixed-use Completion in development,particularly in the GC- 2013 MU district. With the DSAP Update,the City will X Economic& implement new zones.Following the Completion in Community DSAP Update,the City will prepare 2013-14 Development regulationsto implement DSAP Land Use Element goals and policies. The DSAP Update will serve as a new X X plan for the designated Urban Center Document consistent with Policy LU-14.1.VISION provided to 2040 and CPPs for King County guide PSRC through the contents of the DSAP Update to comment ensure plan consistency.PSRC will period. conduct a consistency review. If Alternative 2 Urban Center X Economic& boundaries are locally approved, Community approval may be needed at the county Development and four-county level(PSRC). Exhibit B 38 147 Short Term: Estimated Year Next Comp Plan of Completion Mitigation Measures Amendment Long Term Other Agency and Responsible Cycle or within Department 5 years The Transportation and Capital X Economic& Facilities Elements would be updated to Community be consistent with revised household Development and employment growth estimates/targets for the Urban Center, DSAP Study Area,and the Planning Area to ensure that adequate facilities are in place in time to accommodate growth,or the Land Use Element would be revisited as called for in Policy CF- 1.4 of the Comprehensive Plan. Transportation Incorporate street,pedestrian,and X Public Works bicycle improvements developed as Department mitigation in the 2013 SEIS into the next TMP and impact fee update. New development will impact the need X X Public Works for transit service and bus stop Department amenities.As demand grows at bus stops,the City can negotiate with King County for bus shelters. Implementation of Transportation X Public Works Demand Management(TDM)measures Department can facilitate use of alternative transportation modes.The City should consider creating a Transportation Management Association (TMA)within Downtown Kent.TMAs are non-profit, member-controlled organizations that provide transportation services in a particular area,such as Downtown Kent.They are generally public-private partnerships,consisting primarily of area businesses with local government support.TMAs provide an institutional framework for TDM Programs and services and allow small employers to provide Commute Trip Reduction services comparable to those offered by large companies. Parks Develop updated Parks and Open Space X Parks, Plan including standards for Urban Recreation& Park. Community Services Exhibit B 39 148 Short Term: Estimated Year Next Comp Plan of Completion Mitigation Measures Amendment Long Term Other Agency and Responsible Cycle or within Department 5 years Develop private open space and X Economic& recreation space for multifamily and Community mixed use development. Development Exhibit B 40 v v Y f0 6 U/ f0 U/ C U/ O Y E y L p O LA. aO C a O a R 7 f0 Y_ L W .a O C E f6 T E 0 T f6 V V N L Q H Q aE 0 co } O '-Z. 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AN ORDINANCE of the City Council of the City of Kent, Washington, establishing an infill exemption allowance for the Downtown Subarea Action Plan Area pursuant to the State Environmental Policy Act. RECITALS A. On May 14, 2012, the Economic & Community Development Committee recommended to the City Council passage of a resolution declaring an emergency under the Growth Management Act, RCW 36.70A.130(2)(b), and 12.02.010.A.1 Kent City Code, to pursue an amendment to the Kent Comprehensive Plan to revise the 2005 Downtown Strategic Action Plan. The City Council passed Resolution 1857 on June 5, 2012 declaring an emergency. B. The City of Kent (City) has adopted a Comprehensive Plan complying with the GMA. C. To guide Downtown's growth and redevelopment, the City has engaged in extensive planning for the Downtown Subarea and has adopted amendments to its Comprehensive Plan including the Downtown Subarea 1 KCC 15.02 — Infiii exemptions Ordinance 158 Action Plan (DSAP) Update. The DSAP supports the City Council's vision statement and strategies for the creation of richly diverse neighborhood urban centers. D. The State Environmental Policy Act (SEPA) and implementing rules provide for the integration of environmental review with land use planning and project review by jurisdictions planning under the Growth Management Act (GMA) through an exemption for infill development pursuant to RCW 43.21C.229, as amended by SB 6406, effective July 10, 2012. E. On October 9, 2012, the City's SEPA responsible official issued a Determination of Significance (DS)/Scoping Notice for the City of Kent Downtown Subarea Action Plan Planned Action Supplemental Environmental Impact Statement, solicited public comment through a November 1, 2012, open house meeting, and invited comments during the scoping period, which closed November 2, 2012. A Draft Supplemental Environmental Impact Statement (SEIS) was issued on June 21, 2013. The Draft SEIS was considered during a public hearing on the DSAP, which was held on July 8, 2013 and July 22, 2013. A Final Supplemental Environmental Impact Statement was issued on October 4, 2013. F. The DSAP SEIS supplements the City of Kent Comprehensive Plan Review and Midway Subarea Planned Action Environmental Impact Statement completed in 2011 (2011 EIS). G. The City of Kent Downtown Subarea Action Plan Planned Action Supplemental EIS (referenced as the 2013 SEIS) and the 2011 EIS jointly identify impacts and mitigation measures associated with planned development in the Downtown Subarea. Together these are referenced as the Combined DSAP Planned Action EIS. 2 KCC 15.02 — Infiii exemptions Ordinance 159 H. The City as lead agency provided public comment opportunities through an SEIS scoping period in October 2012, and for the DSAP Update in 2012 and 2013 as part of a coordinated DSAP public participation program. • Extensive community visioning was conducted through individual interviews, three neighborhood meetings, and two online surveys. • A Downtown Steering Committee consisting of community business and property owners, local developers, citizens, and city leadership, convened seven (7) times between July 2012 and April 2013 for the purpose of advising the DSAP update. • The Land Use and Planning Board held workshops on June 25, 2012, October 22, 2012, March 11, 2013, May 13, 2013, May 28, 2013, and June 24, 2013, to review the DSAP update and associated comprehensive plan and zoning text and map amendments. On July 8, 2013, and July 22, 2013, the Land Use and Planning Board held a public hearing to consider the draft DSAP update, land use plan map amendments, rezones, comprehensive plan and zoning text amendments and the Draft SEIS. • The City conducted three briefings and meetings with the City Council's Economic & Community Development Committee on June 11, 2012, March 11, 2013, and October 14, 2013. • The City Council was briefed on the DSAP Update and recommendations at a workshop held on September 17, 2013. I. The City has adopted development regulations and ordinances that will help protect the environment, and is adopting regulations specific to the Downtown Subarea that will guide the allocation, form and quality of desired development. 3 KCC 15.02 — Infiii exemptions Ordinance 160 J. After providing appropriate public notice, the City Council of the City of Kent conducted a public hearing on November 12, 2013, to consider the Infill Exemption Ordinance. K. On June 19 and June 21, 2013, the City provided the State of Washington the required sixty (60) day notification under RCW 36.70A.106 for the DSAP Update, Land Use Plan and Zoning District Map Amendments, Draft Planned Action and Infill Exemption Ordinances. On July 23, 2013, the City provided the State of Washington the required sixty (60) day notification under RCW 36.70A.106 for the Mixed Use Overlay Code Amendments and code reference correction for downtown design guidelines. The sixty (60) day notice periods have lapsed. L. On October 4, 2013, the City's SEPA responsible official issued the Final Planned Action SEIS for the DSAP Update. NOW, THEREFORE, the City Council of the City of Kent, Washington ordains as follows: SECTION 1, - Purpose. The City Council declares that the purpose of this Ordinance is to: A. Exempt residential, mixed use, and selected commercial infill development that is consistent with the Comprehensive Plan, Kent development regulations, and the development studied in the City of Kent Downtown Subarea Action Plan Draft and Final SEIS (2013 SEIS) and the City of Kent Comprehensive Plan Review and Midway Subarea Planned Action EIS completed in 2011, collectively referenced as the Combined DSAP Planned Action EIS; and, 4 KCC 15.02 — Infill exemptions Ordinance 161 B. Establish criteria and procedures, consistent with state law, that will determine whether proposed exempt projects within the designated Mixed Use and Infill Development Categorical Exemption Area qualify for exemption from SEPA review; and, C. Provide the public with information about how the City will process infill exemptions; and, D. Apply the City's development regulations together with the infill exemption thresholds defined in this ordinance to address the impacts of future development contemplated by this ordinance. SECTION 2, - Findinas. The City Council finds as follows: A. The City is subject to the requirements of the GMA (RCW 36.70A); and B. The City is adopting the Downtown Subarea Action Plan, a subarea plan under the GMA, and associated Comprehensive Plan Amendments as appropriate; and C The Mixed Use and Infill Development Categorical Exemption Area encompasses an area of approximately 408 gross acres; and D. The Combined DSAP Planned Action EIS has been prepared for the Mixed Use and Infill Development Categorical Exemption Area; and E. The thresholds incorporated in this ordinance, together with adopted City development regulations, will adequately mitigate significant impacts from development within the Mixed Use and Infill Development Categorical Exemption Area ; and 5 KCC 15.02 — Infill exemptions Ordinance 162 F. The Downtown Subarea Action Plan and associated development regulations identify the location, type and amount of development that is contemplated by the infill exemption; and G. Future projects that are implemented consistent with the City's Comprehensive Plan, development regulations, and this ordinance will protect the environment, benefit the public and enhance economic development; and H. The City provided several opportunities for meaningful public involvement in the Downtown Subarea Action Plan and 2013 SEIS, has considered all comments received, and, as appropriate, has modified the proposal in response to comments. SECTION 3. — New Section. Chapter 11.03 of the Kent City Code is amended by adding a new section 11.03.215, entitled, "Categorical exemptions for residential mixed use and residential infill development," and reads as follows: Sec. 11.03.215. Categorical exemptions for residential mixed use and residential infill development. A. Mixed Use and Infill Development Categorical Exemption Area Designated. The city designates a categorical exemption for construction of residential developments, non-retail commercial developments less than 65,000 square feet in size, and mixed use developments under RCW 43.21C.229 in the following boundary. 6 KCC 15.02 — Infiii exemptions Ordinance 163 Downtown Subarea Action Plan Legend �__ nsaa stlmyn:aa Toall Parem t20 Area OT. Patiaip eois ' r `I KEN - i j As �o/ /� //lG + EM0 HI B. Exempt Levels of Construction and Trips. In order to accommodate residential mixed use and residential infill development in the Mixed Use and Infill Development Categorical Exemption Area Designated in subsection (A) of this section, the city establishes the following exempt levels for construction of residential developments and mixed use developments under RCW 43.21C.229, considered the Mixed Use and Infill Development and Trip Bank. 1. Exempt levels of infill residential and mixed use development through the year 2031 are shown in the table below. No individual stand-alone non-retail commercial development shall exceed 65,000 square feet in size. 7 KCC 15.02 — Infill exemptions Ordinance 164 Growth Type Base Year(2006) Alternative 2 Moderate Alternative 2-Net DSAP Study Area Growth Total(2031) Growth(2031) Households 4,530 8,090 3,560 Jobs' 3,184 5,507 2,323 Total Activity Units 7714 13,597 5,883 (Jobs and Households) Includes hotel rooms and university students as part of"jobs"consistent with the presentation of growth figures in the prior 2011 EIS.However,these elements make up only 3%of the job totals. For the purposes of this section: a. Infill means: Residential developments, non- retail commercial developments less than 65,000 square feet in size, and mixed use developments on unused and underutilized lands within the designated Mixed Use and Infill Development Categorical Exemption Area. b. Mixed use development means: Two (2) or more permitted uses or conditional uses developed in conjunction with one another on the same site. A mixed use development may include two (2) or more separate buildings if the requirements of this section are met, provided that at least twenty-five (25) percent of the gross floor area, as defined in KCC 15.02.170, be a permitted commercial use. For mixed use development in the General Commercial district, the percentage of gross floor area that must be a permitted commercial use may be reduced to five (5) percent. The residential component of any mixed use development cannot be permitted or occupied prior to the permitting and/or occupancy of the commercial component. 2. To be considered for the infill exemption, where a proposal includes the construction of a new building, the minimum height shall be two stories. The maximum height shall be consistent with those studied in the Combined DSAP Planned Action EIS and applicable in the subject zoning district. 8 KCC 15.02 — Infill exemptions Ordinance 165 3. For infill residential and mixed use development in the area designated in subsection (A) of this section, the city may permit up to 3,790 new trips over the existing trips, consistent with Alternative 2, as established by the SEPA responsible official in the City of Kent Downtown Subarea Action Plan Planned Action Draft and Final SEIS issued June 21, 2013 and October 4, 2013, respectively. C. Traffic Analysis, Concurrency, Impact Fees. In determining whether or not a proposal is exempt, the SEPA responsible official shall consider a traffic analysis based on the quantity of development units and the related applicable trip generation. 1. Concurrency. All exempt development applications shall meet the transportation concurrency requirements and the LOS thresholds established in Chapter 12.11 KCC, as amended by the 2008 Transportation Master Plan, and the multimodal levels of service established in the 2013 DSAP SEIS. 2. Traffic Impact Mitigation. Until the 2008 Transportation Master Plan and Impact Fee Ordinance are updated, infill exemption proposals shall pay their cost per trip for the street, pedestrian, and bicycle improvements identified below as part of the DSAP Study Area fee program in addition to the 2008 Transportation Master Plan and associated impact fee program, KCC 12.14 Transportation Impact Fees. 9 KCC 15.02 — Infiii exemptions Ordinance 166 Alternative 2 - Mitigation Measure Cost Estimates per Trip Infill Exemption Area Mitigation Measure 3,790 Trip Growth over Existing Type Cost Cost per Trip Street $6,900' $1.82 Pedestrian $1,400,000 $369.39 Bicycle $1,428,000 $376.78 Tota 1 $2,834,900 $747.99 Notes: 1. The total cost of$10,000 is shared proportionately between the Planned Action and Infill Exemption Areas according to the number of trips generated (31 percent by the Planned Action Area and 69 percent by the Infill Exemption Area). Source: Fehr&Peers, 2013 3. Impact Fees: Chapter 12.14 KCC requires development to pay its fair share for capital improvement projects in the city's Transportation Master Plan and provides guidance for how impact fees are to be assessed. 4. Discretion. The public works director or the director's designee shall have discretion to determine incremental and total trip generation, consistent with the Institute of Traffic Engineers (ITE) Trip Generation Manual (latest edition) or an alternative manual, accepted at the director's sole discretion, for each project permit application proposed under this Infill Exemption Ordinance. D. Development will be allowed under this exemption up to the point that development levels of housing, jobs, and trips have been achieved, unless denied by concurrency. E. Parks and Open Space. Until such time as the city adopts a new Parks and Open Space Plan, and adopts Kent City Code amendments addressing public and private open space and recreation standards and requirements applicable to the Mixed Use and Infill Development Categorical Exemption Area, the following mitigation measures shall apply. 10 KCC 15.02 — Infill exemptions Ordinance 167 Following adoption of a new Parks and Open Space Plan Kent City Code amendments such standards shall supersede the measures below. 1. Urban Park Space: Each infill exemption proposal shall dedicate onsite two hundred and fifty (250) square feet of public park area per dwelling unit or provide a fee in lieu of dedication consistent with subsection (E)(2) of this section. 2. Private Onsite Recreation and Open Space: Each infill exemption proposal shall provide private onsite recreation space for leisure, play, and sport activities at a ratio of two hundred (200) square feet per dwelling unit. Each residential or mixed-use development is required to provide the private space in one or more of the following arrangements. a. An individual balcony or screened patio for each unit b. Small, shared courtyards and a furnished children's play area C. Roof-top open space - roof garden or game court The recreation space proposed by the applicant shall be approved by the parks and community services director. Alternatively up to fifty (50) percent of the private open space may be accomplished offsite or through a fee in lieu consistent with subsection (E)(3) of this section. 3. Through a negotiated voluntary agreement the City may allow up to fifty (50) percent of the private recreation space and up to one hundred (100) percent of the public recreation space in subsections (E)(1) and (E)(2) of this section to be: 1) accomplished offsite as approved by the parks and community services director; or 2) a fee-in-lieu of providing the space onsite following the procedures in KCC 12.04.065. F. Cultural Resources: The following mitigation measures shall apply to infill exemption proposals: 11 KCC 15.02 - Infiii exemptions Ordinance 168 1. In the event that a future development project in the study area is proposed on or immediately surrounding a site containing an archaeological resource, as defined in Chapter 27.53 RCW, the potential impacts on the archaeological resource shall be considered and, if needed, a study conducted by a professional archaeologist shall be required to be conducted at the applicant's expense to determine whether the proposed development project would materially impact the archaeological resource. 2. If the impacts on archaeological resources cannot be avoided, the city shall require that an applicant obtain all appropriate permits consistent with state and federal laws and that any required archaeological studies are completed before permitting any project that would disturb archaeological resource(s). Under Chapter 27.53 RCW, a permit must be obtained from the department of archaeology and historic preservation (DAHP) prior to disturbing a known archaeological resource or site. The avoidance of archaeological resources through selection of project alternatives and changes in design of project features in the specific area of the affected resource(s) would eliminate the need for measuring or mitigating impacts. 3. Developers and property owners shall immediately stop work and notify the city, DAHP and affected tribes if archaeological resources are uncovered during excavation. Following such notification, the city may require implementation of subsections (F)(4) and (F)(5) of this section. 4. If impacts cannot be avoided on a historic resource that is determined eligible for listing on either state or national historic registers, the applicant shall consult with DAHP regarding mitigation options and shall provide documentation of consultation to the city. 5. To include DAHP in the review of historic properties within the Infill Exemption area, the city will notify the state historic preservation officer (SHPO) regarding proposals involving eligible or 12 KCC 15.02 — Infiii exemptions Ordinance 169 designated historic properties through the evaluation of proposals consistent with Chapter 12.01 KCC. G. Water Quality: By December 31, 2016, regulations will be in place to address water quality treatment and promote low impact development measures that are equivalent to the 2012 Department of Ecology Western Washington Stormwater Management Manual. Prior to 2016, the city shall require that applicants identify any low impact development (LID) techniques described in the 2012 Ecology manual and demonstrate why unincorporated LID techniques are not feasible. As part of required land use, building, or construction permits, the city may condition applications to incorporate feasible and site-appropriate LID techniques. H. Air Quality Control Plans: The City shall require all construction contractors to implement air quality control plans for construction activities. The air quality control plans will include best management practices (BMPs) to control fugitive dust and odors emitted by diesel construction equipment, including but not limited to the following measures. 1. Develop a fugitive dust control plan. 2. Use water sprays or other non-toxic dust control methods on unpaved roadways. 3. Minimize vehicle speed while traveling on unpaved surfaces. 4. Prevent track out of mud onto public streets. 5. Cover soil piles when practical. 6. Minimize work during periods of high winds when practical. 7. Maintain the engines of construction equipment according to manufacturers' specifications. 13 KCC 15.02 — Infiii exemptions Ordinance 170 8. Minimize idling of equipment while the equipment is not in use. 9. Burning of slash or demolition debris will not be permitted without express approval from the Puget Sound Clean Air Agency (PSCAA). No slash burning is anticipated for any construction projects in the study area. I. Greenhouse Gas Reduction: Infill exemption applicants shall identify the greenhouse gas reduction measures that are being implemented in their projects, and explain why other measures listed in the 2011 City of Kent Comprehensive Plan Review and Midway Subarea Planned Action EIS are not included or are not applicable. The city shall, as appropriate, condition infill exemption applications to incorporate reduction measures determined by the city to be feasible and appropriate for site conditions, based on the development application. J. Solar access for public pedestrian spaces, pedestrian/bicycle pathways, parks, schools and other areas sensitive to shading shall be preserved by requiring upper-story or ground-level setbacks for adjacent development. To the greatest extent possible, new development shall minimize casting shadows on public spaces during their primary hours of daytime use. K. The city may condition infill exemption proposals to incorporate site design measures that preserve significant public views from public areas. L. Infill exemptions shall comply with the following noise mitigation measures: 14 KCC 15.02 — Infill exemptions Ordinance 171 1. To reduce construction noise at nearby receptors, the following mitigation measures shall be incorporated into construction plans and contractor specifications: a. Locating stationary equipment away from receiving properties to decrease noise from that equipment. b. Erecting portable noise barriers around loud stationary equipment located near sensitive receivers to reduce noise. C. Limiting construction activities between 10:00 p.m. and 7:00 a.m. to avoid sensitive nighttime hours. d. Turning off idling construction equipment to eliminate unnecessary noise. e. Requiring contractors to rigorously maintain all equipment to potentially reduce noise effects. f. Training construction crews to avoid unnecessarily loud actions (e.g., dropping bundles of rebar onto the ground or dragging steel plates across pavement) near noise-sensitive areas to reduce noise effects. 2. At its discretion, the city may require all prospective infill exemption developers to use low-noise mechanical equipment adequate to ensure compliance with the city's daytime and nighttime noise ordinance limits. Depending on the nature of the proposed development, the city may require the developer to conduct a noise impact study to forecast future noise levels and to specify appropriate noise control measures. 3. To address traffic and transit noise, the city may, at its discretion, require new residential development to install triple-pane glass windows or other building insulation measures using its authority under the Washington State Energy Code (KCC 14.01.010). M. Exemption Procedure. Upon approval of the proposal according to the provisions of Chapter 12.01 KCC, the SEPA responsible official shall remove dwellings, jobs, and trips from the levels specified in 15 KCC 15.02 — Infiii exemptions Ordinance 172 subsections (13)(1) and (13)(3) of this section. These exempt levels are not applicable once the total available units, jobs, or trips have been utilized. N. General Monitoring. The SEPA responsible official will monitor the total development approved as part of the development approval process for any development in the area designated in subsection (A) of this section, whether considered exempt or not, in order to ensure that the available units, square feet, and trips cumulatively address growth planned for the designated Mixed Use and Infill Development Categorical Exemption Area. SECTION 4. — New Subsection. Section 11.03.220, entitled, "Use of exemptions," is amended by adding a new subsection (D) to read as follows: Sec. 11.03.220. Use of exemptions. A. Each department within the city that receives an application for a license or, in the case of governmental proposals, the department initiating the proposal, shall determine whether the license and/or the proposal is exempt. The department's determination that a proposal is exempt shall be final and not subject to administrative review. If a proposal is exempt, none of the procedural requirements of this chapter apply to the proposal. The city shall not require completion of an environmental checklist for an exempt proposal. B. In determining whether or not a proposal is exempt, the department shall make certain the proposal is properly defined and shall identify the governmental licenses required (WAC 197-11-060). If a proposal includes exempt and nonexempt actions, the department shall 16 KCC 15.02 — Infiii exemptions Ordinance 173 determine the lead agency, even if the license application that triggers the department's consideration is exempt. C. If a proposal includes both exempt and nonexempt actions, the city may authorize exempt actions prior to compliance with the procedural requirements of this chapter, except that: 1. The city shall not give authorization for: a. Any nonexempt action; b. Any action that would have an adverse environmental impact; or C. Any action that would limit the choice of reasonable alternatives. 2. A department may withhold approval of an exempt action that would lead to modification of the physical environment, when such modification would serve no purpose if nonexempt actions were not approved; and 3. A department may withhold approval of exempt actions that would lead to substantial financial expenditures by a private applicant when the expenditures would serve no purpose if nonexempt actions were not approved. D. The city may authorize a categorical exemption for residential mixed use, non-retain commercial space, and residential infill development for specifically designated portions of the Downtown Subarea Action Plan area pursuant to KCC section 11.03.215. SECTION 5, — Corrections by City Clerk or Code Reviser. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this Ordinance, including the 17 KCC 15.02 — Infiii exemptions Ordinance 174 correction of clerical errors; Ordinance, section, or subsection numbering; or references to other local, state or federal laws, codes, rules, or regulations. SECTION 6, — Severability. If any one or more section, subsection, or sentence of this Ordinance is held to be unconstitutional or invalid, that decision shall not affect the validity of the remaining portion of this Ordinance and that remaining portion shall maintain its full force and effect. SECTION 7, — Effective Date. This Ordinance shall be in force five (5) days after its passage and publication, as provided by law. SUZETTE COOKE, MAYOR ATTEST: RONALD F. MOORE, CITY CLERK APPROVED AS TO FORM: ARTHUR "PAT" FITZPATRICK, ACTING CITY ATTORNEY PASSED: day of 2013. APPROVED: day of 2013. PUBLISHED: day of 2013. 18 KCC 15.02 — Infiii exemptions Ordinance 175 I hereby certify that this is a true copy of Ordinance No. passed by the City Council of the City of Kent, Washington, and approved by the Mayor of the City of Kent as hereon indicated. (SEAL) RONALD F. MOORE, CITY CLERK S:\Permit\Plan\COMP_PL N_AMENDMENTS\2012\CPA-2012-1 Downtown\PAO_InFlll\FINAL_InFlllexemWrd.Docx 19 KCC 15.02 — Infiii exemptions Ordinance 176 177 ATTACHMENT H Infill Exemption Option #2 DCE Zoning Boundary ORDINANCE NO. AN ORDINANCE of the City Council of the City of Kent, Washington, establishing an infill exemption allowance for the Downtown Subarea Action Plan Area pursuant to the State Environmental Policy Act. RECITALS A. On May 14, 2012, the Economic & Community Development Committee recommended to the City Council passage of a resolution declaring an emergency under the Growth Management Act, RCW 36.70A.130(2)(b), and 12.02.010.A.1 Kent City Code, to pursue an amendment to the Kent Comprehensive Plan to revise the 2005 Downtown Strategic Action Plan. The City Council passed Resolution 1857 on June 5, 2012 declaring an emergency. B. The City of Kent (City) has adopted a Comprehensive Plan complying with the GMA. C. To guide Downtown's growth and redevelopment, the City has engaged in extensive planning for the Downtown Subarea and has adopted amendments to its Comprehensive Plan including the Downtown Subarea 1 KCC 15.02 — Infiii exemptions Ordinance 178 Action Plan (DSAP) Update. The DSAP supports the City Council's vision statement and strategies for the creation of richly diverse neighborhood urban centers. D. The State Environmental Policy Act (SEPA) and implementing rules provide for the integration of environmental review with land use planning and project review by jurisdictions planning under the Growth Management Act (GMA) through an exemption for infill development pursuant to RCW 43.21C.229, as amended by SB 6406, effective July 10, 2012. E. On October 9, 2012, the City's SEPA responsible official issued a Determination of Significance (DS)/Scoping Notice for the City of Kent Downtown Subarea Action Plan Planned Action Supplemental Environmental Impact Statement, solicited public comment through a November 1, 2012, open house meeting, and invited comments during the scoping period, which closed November 2, 2012. A Draft Supplemental Environmental Impact Statement (SEIS) was issued on June 21, 2013. The Draft SEIS was considered during a public hearing on the DSAP, which was held on July 8, 2013 and July 22, 2013. A Final Supplemental Environmental Impact Statement was issued on October 4, 2013. F. The DSAP SEIS supplements the City of Kent Comprehensive Plan Review and Midway Subarea Planned Action Environmental Impact Statement completed in 2011 (2011 EIS). G. The City of Kent Downtown Subarea Action Plan Planned Action Supplemental EIS (referenced as the 2013 SEIS) and the 2011 EIS jointly identify impacts and mitigation measures associated with planned development in the Downtown Subarea. Together these are referenced as the Combined DSAP Planned Action EIS. 2 KCC 15.02 — Infiii exemptions Ordinance 179 H. The City as lead agency provided public comment opportunities through an SEIS scoping period in October 2012, and for the DSAP Update in 2012 and 2013 as part of a coordinated DSAP public participation program. • Extensive community visioning was conducted through individual interviews, three neighborhood meetings, and two online surveys. • A Downtown Steering Committee consisting of community business and property owners, local developers, citizens, and city leadership, convened seven (7) times between July 2012 and April 2013 for the purpose of advising the DSAP update. • The Land Use and Planning Board held workshops on June 25, 2012, October 22, 2012, March 11, 2013, May 13, 2013, May 28, 2013, and June 24, 2013, to review the DSAP update and associated comprehensive plan and zoning text and map amendments. On July 8, 2013, and July 22, 2013, the Land Use and Planning Board held a public hearing to consider the draft DSAP update, land use plan map amendments, rezones, comprehensive plan and zoning text amendments and the Draft SEIS. • The City conducted three briefings and meetings with the City Council's Economic & Community Development Committee on June 11, 2012, March 11, 2013, and October 14, 2013. • The City Council was briefed on the DSAP Update and recommendations at a workshop held on September 17, 2013. I. The City has adopted development regulations and ordinances that will help protect the environment, and is adopting regulations specific to the Downtown Subarea that will guide the allocation, form and quality of desired development. 3 KCC 15.02 — Infiii exemptions Ordinance 180 J. After providing appropriate public notice, the City Council of the City of Kent conducted a public hearing on November 12, 2013, to consider the Infill Exemption Ordinance. K. On June 19 and June 21, 2013, the City provided the State of Washington the required sixty (60) day notification under RCW 36.70A.106 for the DSAP Update, Land Use Plan and Zoning District Map Amendments, Draft Planned Action and Infill Exemption Ordinances. On July 23, 2013, the City provided the State of Washington the required sixty (60) day notification under RCW 36.70A.106 for the Mixed Use Overlay Code Amendments and code reference correction for downtown design guidelines. The sixty (60) day notice periods have lapsed. L. On October 4, 2013, the City's SEPA responsible official issued the Final Planned Action SEIS for the DSAP Update. NOW, THEREFORE, the City Council of the City of Kent, Washington ordains as follows: SECTION 1, - Purpose. The City Council declares that the purpose of this Ordinance is to: A. Exempt residential, mixed use, and selected commercial infill development that is consistent with the Comprehensive Plan, Kent development regulations, and the development studied in the City of Kent Downtown Subarea Action Plan Draft and Final SEIS (2013 SEIS) and the City of Kent Comprehensive Plan Review and Midway Subarea Planned Action EIS completed in 2011, collectively referenced as the Combined DSAP Planned Action EIS; and, 4 KCC 15.02 — Infill exemptions Ordinance 181 B. Establish criteria and procedures, consistent with state law, that will determine whether proposed exempt projects within the designated Mixed Use and Infill Development Categorical Exemption Area qualify for exemption from SEPA review; and, C. Provide the public with information about how the City will process infill exemptions; and, D. Apply the City's development regulations together with the infill exemption thresholds defined in this ordinance to address the impacts of future development contemplated by this ordinance. SECTION 2, - Findinas. The City Council finds as follows: A. The City is subject to the requirements of the GMA (RCW 36.70A); and B. The City is adopting the Downtown Subarea Action Plan, a subarea plan under the GMA, and associated Comprehensive Plan Amendments as appropriate; and C The Mixed Use and Infill Development Categorical Exemption Area encompasses an area of approximately 408 gross acres; and D. The Combined DSAP Planned Action EIS has been prepared for the Mixed Use and Infill Development Categorical Exemption Area; and E. The thresholds incorporated in this ordinance, together with adopted City development regulations, will adequately mitigate significant impacts from development within the Mixed Use and Infill Development Categorical Exemption Area ; and 5 KCC 15.02 — Infill exemptions Ordinance 182 F. The Downtown Subarea Action Plan and associated development regulations identify the location, type and amount of development that is contemplated by the infill exemption; and G. Future projects that are implemented consistent with the City's Comprehensive Plan, development regulations, and this ordinance will protect the environment, benefit the public and enhance economic development; and H. The City provided several opportunities for meaningful public involvement in the Downtown Subarea Action Plan and 2013 SEIS, has considered all comments received, and, as appropriate, has modified the proposal in response to comments. SECTION 3. — New Section. Chapter 11.03 of the Kent City Code is amended by adding a new section 11.03.215, entitled, "Categorical exemptions for residential mixed use and residential infill development," and reads as follows: Sec. 11.03.215. Categorical exemptions for residential mixed use and residential infill development. A. Mixed Use and Infill Development Categorical Exemption Area Designated. The city designates a categorical exemption for construction of residential developments, non-retail commercial developments less than 65,000 square feet in size, and mixed use developments under RCW 43.21C.229 in the following boundary. 6 KCC 15.02 — Infiii exemptions Ordinance 183 Downtown Subarea = m+ Action Plan +� ' Legend � nsaa s��myn�aa __ oaPar0em tcels 2 Area To 12 JUNE EM0 HI 10111711111111 / AMA l/ B. Exempt Levels of Construction and Trips. In order to accommodate residential mixed use and residential infill development in the Mixed Use and Infill Development Categorical Exemption Area Designated in subsection (A) of this section, the city establishes the following exempt levels for construction of residential developments and mixed use developments under RCW 43.21C.229, considered the Mixed Use and Infill Development and Trip Bank. 1. Exempt levels of infill residential and mixed use development through the year 2031 are shown in the table below. No individual stand-alone non-retail commercial development shall exceed 65,000 square feet in size. 7 KCC 15.02 — Infill exemptions Ordinance 184 Growth Type Base Year(2006) Alternative 2 Moderate Alternative 2-Net DSAP Study Area Growth Total(2031) Growth(2031) Households M,5984_,4_76 E,9967_,,8_59 3,36633 383 Jobs' 3,184 45 0, 5i411 2� 22 22727 Total Activity Units - 47_,6_60 �334113__j270 &,4995610 (Jobs and Households) Includes hotel rooms and university students as part of"jobs"consistent with the presentation of growth figures in the prior 2011 EIS.However,these elements make up only 3%of the job totals. For the purposes of this section: a. Infill means: Residential developments, non- retail commercial developments less than 65,000 square feet in size, and mixed use developments on unused and underutilized lands within the designated Mixed Use and Infill Development Categorical Exemption Area. b. Mixed use development means: Two (2) or more permitted uses or conditional uses developed in conjunction with one another on the same site. A mixed use development may include two (2) or more separate buildings if the requirements of this section are met, provided that at least twenty-five (25) percent of the gross floor area, as defined in KCC 15.02.170, be a permitted commercial use. For mixed use development in the General Commercial district, the percentage of gross floor area that must be a permitted commercial use may be reduced to five (5) percent. The residential component of any mixed use development cannot be permitted or occupied prior to the permitting and/or occupancy of the commercial component. 2. To be considered for the infill exemption, where a proposal includes the construction of a new building, the minimum height shall be two stories. The maximum height shall be consistent with those studied in the Combined DSAP Planned Action EIS and applicable in the subject zoning district. 8 KCC 15.02 - Infill exemptions Ordinance 185 3. For infill residential and mixed use development in the area designated in subsection (A) of this section, the city may permit up to �3, 880 new trips over the existing trips, consistent with Alternative 2, as established by the SEPA responsible official in the City of Kent Downtown Subarea Action Plan Planned Action Draft and Final SEIS issued June 21, 2013 and October 4, 2013, respectively. C. Traffic Analysis, Concurrency, Impact Fees. In determining whether or not a proposal is exempt, the SEPA responsible official shall consider a traffic analysis based on the quantity of development units and the related applicable trip generation. 1. Concurrency. All exempt development applications shall meet the transportation concurrency requirements and the LOS thresholds established in Chapter 12.11 KCC, as amended by the 2008 Transportation Master Plan, and the multimodal levels of service established in the 2013 DSAP SEIS. 2. Traffic Impact Mitigation. Until the 2008 Transportation Master Plan and Impact Fee Ordinance are updated, infill exemption proposals shall pay their cost per trip for the street, pedestrian, and bicycle improvements identified below as part of the DSAP Study Area fee program in addition to the 2008 Transportation Master Plan and associated impact fee program, KCC 12.14 Transportation Impact Fees. 9 KCC 15.02 - Infiii exemptions Ordinance 186 Alternative 2 - Mitigation Measure Cost Estimates per Trip Infill Exemption Area Mitigation Measure 3,-7993, 880 Trip Growth over Existing Type Cost Cost per Trip Street $7 00061398' $4-&21.96 Pedestrian $-1-,�1.2 00.000 $369.39335.20 Bicycle $1,428,000 $376 76398.00 Total $',��2.6 55.000 $;-4}:99736.04 Notes: 1. The total cost of$10,000 is shared proportionately between the Planned Action and Infill Exemption Areas according to the number of trips generated (34-30 percent by the Planned Action Area and 69-70 percent by the Infill Exemption Area). Source: Fehr&Peers, 2013 3. Impact Fees: Chapter 12.14 KCC requires development to pay its fair share for capital improvement projects in the city's Transportation Master Plan and provides guidance for how impact fees are to be assessed. 4. Discretion. The public works director or the director's designee shall have discretion to determine incremental and total trip generation, consistent with the Institute of Traffic Engineers (ITE) Trip Generation Manual (latest edition) or an alternative manual, accepted at the director's sole discretion, for each project permit application proposed under this Infill Exemption Ordinance. D. Development will be allowed under this exemption up to the point that development levels of housing, jobs, and trips have been achieved, unless denied by concurrency. E. Parks and Open Space. Until such time as the city adopts a new Parks and Open Space Plan, and adopts Kent City Code amendments addressing public and private open space and recreation standards and requirements applicable to the Mixed Use and Infill Development Categorical Exemption Area, the following mitigation measures shall apply. 10 KCC 15,02 — Infill exemptions Ordinance 187 Following adoption of a new Parks and Open Space Plan Kent City Code amendments such standards shall supersede the measures below. 1. Urban Park Space: Each infill exemption proposal shall dedicate onsite two hundred and fifty (250) square feet of public park area per dwelling unit or provide a fee in lieu of dedication consistent with subsection (E)(23) of this section. 2. Private Onsite Recreation and Open Space: Each infill exemption proposal shall provide private onsite recreation space for leisure, play, and sport activities at a ratio of two hundred (200) square feet per dwelling unit. Each residential or mixed-use development is required to provide the private space in one or more of the following arrangements. a. An individual balcony or screened patio for each unit b. Small, shared courtyards and a furnished children's play area C. Roof-top open space - roof garden or game court The recreation space proposed by the applicant shall be approved by the parks and community services director. Alternatively up to fifty (50) percent of the private open space may be accomplished offsite or through a fee in lieu consistent with subsection (E)(3) of this section. 3. Through a negotiated voluntary agreement the City may allow up to fifty (50) percent of the private recreation space and up to one hundred (100) percent of the public recreation space in subsections (E)(1) and (E)(2) of this section to be: 1) accomplished offsite as approved by the parks and community services director; or 2) a fee-in-lieu of providing the space onsite following the procedures in KCC 12.04.065. F. Cultural Resources: The following mitigation measures shall apply to infill exemption proposals: 11 KCC 15.02 - Infiii exemptions Ordinance 188 1. In the event that a future development project in the study area is proposed on or immediately surrounding a site containing an archaeological resource, as defined in Chapter 27.53 RCW, the potential impacts on the archaeological resource shall be considered and, if needed, a study conducted by a professional archaeologist shall be required to be conducted at the applicant's expense to determine whether the proposed development project would materially impact the archaeological resource. 2. If the impacts on archaeological resources cannot be avoided, the city shall require that an applicant obtain all appropriate permits consistent with state and federal laws and that any required archaeological studies are completed before permitting any project that would disturb archaeological resource(s). Under Chapter 27.53 RCW, a permit must be obtained from the department of archaeology and historic preservation (DAHP) prior to disturbing a known archaeological resource or site. The avoidance of archaeological resources through selection of project alternatives and changes in design of project features in the specific area of the affected resource(s) would eliminate the need for measuring or mitigating impacts. 3. Developers and property owners shall immediately stop work and notify the city, DAHP and affected tribes if archaeological resources are uncovered during excavation. Following such notification, the city may require implementation of subsections (F)(41) and (F)(52) of this section. 4. If impacts cannot be avoided on a historic resource that is determined eligible for listing on either state or national historic registers, the applicant shall consult with DAHP regarding mitigation options and shall provide documentation of consultation to the city. 5. To include DAHP in the review of historic properties within the Infill Exemption area, the city will notify the state historic preservation officer (SHPO) regarding proposals involving eligible or 12 KCC 15.02 — Infiii exemptions Ordinance 189 designated historic properties through the evaluation of proposals consistent with Chapter 12.01 KCC. G. Water Quality: By December 31, 2016, regulations will be in place to address water quality treatment and promote low impact development measures that are equivalent to the 2012 Department of Ecology Western Washington Stormwater Management Manual. Prior to 2016, the city shall require that applicants identify any low impact development (LID) techniques described in the 2012 Ecology manual and demonstrate why unincorporated LID techniques are not feasible. As part of required land use, building, or construction permits, the city may condition applications to incorporate feasible and site-appropriate LID techniques. H. Air Quality Control Plans: The City shall require all construction contractors to implement air quality control plans for construction activities. The air quality control plans will include best management practices (BMPs) to control fugitive dust and odors emitted by diesel construction equipment, including but not limited to the following measures. 1. Develop a fugitive dust control plan. 2. Use water sprays or other non-toxic dust control methods on unpaved roadways. 3. Minimize vehicle speed while traveling on unpaved surfaces. 4. Prevent track out of mud onto public streets. 5. Cover soil piles when practical. 6. Minimize work during periods of high winds when practical. 7. Maintain the engines of construction equipment according to manufacturers' specifications. 13 KCC 15.02 — Infiii exemptions Ordinance 190 8. Minimize idling of equipment while the equipment is not in use. 9. Burning of slash or demolition debris will not be permitted without express approval from the Puget Sound Clean Air Agency (PSCAA). No slash burning is anticipated for any construction projects in the study area. I. Greenhouse Gas Reduction: Infill exemption applicants shall identify the greenhouse gas reduction measures that are being implemented in their projects, and explain why other measures listed in the 2011 City of Kent Comprehensive Plan Review and Midway Subarea Planned Action EIS are not included or are not applicable. The city shall, as appropriate, condition infill exemption applications to incorporate reduction measures determined by the city to be feasible and appropriate for site conditions, based on the development application. J. Solar access for public pedestrian spaces, pedestrian/bicycle pathways, parks, schools and other areas sensitive to shading shall be preserved by requiring upper-story or ground-level setbacks for adjacent development. To the greatest extent possible, new development shall minimize casting shadows on public spaces during their primary hours of daytime use. K. The city may condition infill exemption proposals to incorporate site design measures that preserve significant public views from public areas. L. Infill exemptions shall comply with the following noise mitigation measures: 14 KCC 15.02 — Infill exemptions Ordinance 191 1. To reduce construction noise at nearby receptors, the following mitigation measures shall be incorporated into construction plans and contractor specifications: a. Locating stationary equipment away from receiving properties to decrease noise from that equipment. b. Erecting portable noise barriers around loud stationary equipment located near sensitive receivers to reduce noise. C. Limiting construction activities between 10:00 p.m. and 7:00 a.m. to avoid sensitive nighttime hours. d. Turning off idling construction equipment to eliminate unnecessary noise. e. Requiring contractors to rigorously maintain all equipment to potentially reduce noise effects. f. Training construction crews to avoid unnecessarily loud actions (e.g., dropping bundles of rebar onto the ground or dragging steel plates across pavement) near noise-sensitive areas to reduce noise effects. 2. At its discretion, the city may require all prospective infill exemption developers to use low-noise mechanical equipment adequate to ensure compliance with the city's daytime and nighttime noise ordinance limits. Depending on the nature of the proposed development, the city may require the developer to conduct a noise impact study to forecast future noise levels and to specify appropriate noise control measures. 3. To address traffic and transit noise, the city may, at its discretion, require new residential development to install triple-pane glass windows or other building insulation measures using its authority under the Washington State Energy Code (KCC 14.01.010). M. Exemption Procedure. Upon approval of the proposal according to the provisions of Chapter 12.01 KCC, the SEPA responsible official shall remove dwellings, jobs, and trips from the levels specified in 15 KCC 15.02 — Infiii exemptions Ordinance 192 subsections (13)(1) and (13)(3) of this section. These exempt levels are not applicable once the total available units, jobs, or trips have been utilized. N. General Monitoring. The SEPA responsible official will monitor the total development approved as part of the development approval process for any development in the area designated in subsection (A) of this section, whether considered exempt or not, in order to ensure that the available units, square feet, and trips cumulatively address growth planned for the designated Mixed Use and Infill Development Categorical Exemption Area. SECTION 4. — New Subsection. Section 11.03.220, entitled, "Use of exemptions," is amended by adding a new subsection (D) to read as follows: Sec. 11.03.220. Use of exemptions. A. Each department within the city that receives an application for a license or, in the case of governmental proposals, the department initiating the proposal, shall determine whether the license and/or the proposal is exempt. The department's determination that a proposal is exempt shall be final and not subject to administrative review. If a proposal is exempt, none of the procedural requirements of this chapter apply to the proposal. The city shall not require completion of an environmental checklist for an exempt proposal. B. In determining whether or not a proposal is exempt, the department shall make certain the proposal is properly defined and shall identify the governmental licenses required (WAC 197-11-060). If a proposal includes exempt and nonexempt actions, the department shall 16 KCC 15.02 — Infiii exemptions Ordinance 193 determine the lead agency, even if the license application that triggers the department's consideration is exempt. C. If a proposal includes both exempt and nonexempt actions, the city may authorize exempt actions prior to compliance with the procedural requirements of this chapter, except that: 1. The city shall not give authorization for: a. Any nonexempt action; b. Any action that would have an adverse environmental impact; or C. Any action that would limit the choice of reasonable alternatives. 2. A department may withhold approval of an exempt action that would lead to modification of the physical environment, when such modification would serve no purpose if nonexempt actions were not approved; and 3. A department may withhold approval of exempt actions that would lead to substantial financial expenditures by a private applicant when the expenditures would serve no purpose if nonexempt actions were not approved. D. The city may authorize a categorical exemption for residential mixed use, non-retain commercial space, and residential infill development for specifically designated portions of the Downtown Subarea Action Plan area pursuant to KCC section 11.03.215. SECTION 5, — Corrections by City Clerk or Code Reviser. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this Ordinance, including the 17 KCC 15.02 — Infiii exemptions Ordinance 194 correction of clerical errors; Ordinance, section, or subsection numbering; or references to other local, state or federal laws, codes, rules, or regulations. SECTION 6, — Severability. If any one or more section, subsection, or sentence of this Ordinance is held to be unconstitutional or invalid, that decision shall not affect the validity of the remaining portion of this Ordinance and that remaining portion shall maintain its full force and effect. SECTION 7, — Effective Date. This Ordinance shall be in force five (5) days after its passage and publication, as provided by law. SUZETTE COOKE, MAYOR ATTEST: RONALD F. MOORE, CITY CLERK APPROVED AS TO FORM: ARTHUR "PAT" FITZPATRICK, ACTING CITY ATTORNEY PASSED: day of 2013. APPROVED: day of 2013. PUBLISHED: day of 2013. 18 KCC 15.02 — Infiii exemptions Ordinance 195 I hereby certify that this is a true copy of Ordinance No. passed by the City Council of the City of Kent, Washington, and approved by the Mayor of the City of Kent as hereon indicated. (SEAL) RONALD F. MOORE, CITY CLERK S:\Permit\Plan\COMP_PL N_AMENDMENTS\2012\CPA-2012-1 Downtown\ECDC\12-9-13\Finalordinanc s\Opdon2_Infillexempord.DocX 19 KCC 15.02 — Infiii exemptions Ordinance 196 197 ATTACHMENT I Infill Exemption Option #3 DCE Zoning Boundary ORDINANCE NO. AN ORDINANCE of the City Council of the City of Kent, Washington, establishing an infill exemption allowance for the Downtown Subarea Action Plan Area pursuant to the State Environmental Policy Act. RECITALS A. On May 14, 2012, the Economic & Community Development Committee recommended to the City Council passage of a resolution declaring an emergency under the Growth Management Act, RCW 36.70A.130(2)(b), and 12.02.010.A.1 Kent City Code, to pursue an amendment to the Kent Comprehensive Plan to revise the 2005 Downtown Strategic Action Plan. The City Council passed Resolution 1857 on June 5, 2012 declaring an emergency. B. The City of Kent (City) has adopted a Comprehensive Plan complying with the GMA. C. To guide Downtown's growth and redevelopment, the City has engaged in extensive planning for the Downtown Subarea and has adopted amendments to its Comprehensive Plan including the Downtown Subarea 1 KCC 15.02 — Infiii exemptions Ordinance 198 Action Plan (DSAP) Update. The DSAP supports the City Council's vision statement and strategies for the creation of richly diverse neighborhood urban centers. D. The State Environmental Policy Act (SEPA) and implementing rules provide for the integration of environmental review with land use planning and project review by jurisdictions planning under the Growth Management Act (GMA) through an exemption for infill development pursuant to RCW 43.21C.229, as amended by SB 6406, effective July 10, 2012. E. On October 9, 2012, the City's SEPA responsible official issued a Determination of Significance (DS)/Scoping Notice for the City of Kent Downtown Subarea Action Plan Planned Action Supplemental Environmental Impact Statement, solicited public comment through a November 1, 2012, open house meeting, and invited comments during the scoping period, which closed November 2, 2012. A Draft Supplemental Environmental Impact Statement (SEIS) was issued on June 21, 2013. The Draft SEIS was considered during a public hearing on the DSAP, which was held on July 8, 2013 and July 22, 2013. A Final Supplemental Environmental Impact Statement was issued on October 4, 2013. F. The DSAP SEIS supplements the City of Kent Comprehensive Plan Review and Midway Subarea Planned Action Environmental Impact Statement completed in 2011 (2011 EIS). G. The City of Kent Downtown Subarea Action Plan Planned Action Supplemental EIS (referenced as the 2013 SEIS) and the 2011 EIS jointly identify impacts and mitigation measures associated with planned development in the Downtown Subarea. Together these are referenced as the Combined DSAP Planned Action EIS. 2 KCC 15.02 — Infiii exemptions Ordinance 199 H. The City as lead agency provided public comment opportunities through an SEIS scoping period in October 2012, and for the DSAP Update in 2012 and 2013 as part of a coordinated DSAP public participation program. • Extensive community visioning was conducted through individual interviews, three neighborhood meetings, and two online surveys. • A Downtown Steering Committee consisting of community business and property owners, local developers, citizens, and city leadership, convened seven (7) times between July 2012 and April 2013 for the purpose of advising the DSAP update. • The Land Use and Planning Board held workshops on June 25, 2012, October 22, 2012, March 11, 2013, May 13, 2013, May 28, 2013, and June 24, 2013, to review the DSAP update and associated comprehensive plan and zoning text and map amendments. On July 8, 2013, and July 22, 2013, the Land Use and Planning Board held a public hearing to consider the draft DSAP update, land use plan map amendments, rezones, comprehensive plan and zoning text amendments and the Draft SEIS. • The City conducted three briefings and meetings with the City Council's Economic & Community Development Committee on June 11, 2012, March 11, 2013, and October 14, 2013. • The City Council was briefed on the DSAP Update and recommendations at a workshop held on September 17, 2013. I. The City has adopted development regulations and ordinances that will help protect the environment, and is adopting regulations specific to the Downtown Subarea that will guide the allocation, form and quality of desired development. 3 KCC 15.02 — Infiii exemptions Ordinance 200 J. After providing appropriate public notice, the City Council of the City of Kent conducted a public hearing on November 12, 2013, to consider the Infill Exemption Ordinance. K. On June 19 and June 21, 2013, the City provided the State of Washington the required sixty (60) day notification under RCW 36.70A.106 for the DSAP Update, Land Use Plan and Zoning District Map Amendments, Draft Planned Action and Infill Exemption Ordinances. On July 23, 2013, the City provided the State of Washington the required sixty (60) day notification under RCW 36.70A.106 for the Mixed Use Overlay Code Amendments and code reference correction for downtown design guidelines. The sixty (60) day notice periods have lapsed. L. On October 4, 2013, the City's SEPA responsible official issued the Final Planned Action SEIS for the DSAP Update. NOW, THEREFORE, the City Council of the City of Kent, Washington ordains as follows: SECTION 1, - Purpose. The City Council declares that the purpose of this Ordinance is to: A. Exempt residential, mixed use, and selected commercial infill development that is consistent with the Comprehensive Plan, Kent development regulations, and the development studied in the City of Kent Downtown Subarea Action Plan Draft and Final SEIS (2013 SEIS) and the City of Kent Comprehensive Plan Review and Midway Subarea Planned Action EIS completed in 2011, collectively referenced as the Combined DSAP Planned Action EIS; and, 4 KCC 15.02 — Infill exemptions Ordinance 201 B. Establish criteria and procedures, consistent with state law, that will determine whether proposed exempt projects within the designated Mixed Use and Infill Development Categorical Exemption Area qualify for exemption from SEPA review; and, C. Provide the public with information about how the City will process infill exemptions; and, D. Apply the City's development regulations together with the infill exemption thresholds defined in this ordinance to address the impacts of future development contemplated by this ordinance. SECTION 2, - Findinas. The City Council finds as follows: A. The City is subject to the requirements of the GMA (RCW 36.70A); and B. The City is adopting the Downtown Subarea Action Plan, a subarea plan under the GMA, and associated Comprehensive Plan Amendments as appropriate; and C The Mixed Use and Infill Development Categorical Exemption Area encompasses an area of approximately 408 gross acres; and D. The Combined DSAP Planned Action EIS has been prepared for the Mixed Use and Infill Development Categorical Exemption Area; and E. The thresholds incorporated in this ordinance, together with adopted City development regulations, will adequately mitigate significant impacts from development within the Mixed Use and Infill Development Categorical Exemption Area ; and 5 KCC 15.02 — Infill exemptions Ordinance 202 F. The Downtown Subarea Action Plan and associated development regulations identify the location, type and amount of development that is contemplated by the infill exemption; and G. Future projects that are implemented consistent with the City's Comprehensive Plan, development regulations, and this ordinance will protect the environment, benefit the public and enhance economic development; and H. The City provided several opportunities for meaningful public involvement in the Downtown Subarea Action Plan and 2013 SEIS, has considered all comments received, and, as appropriate, has modified the proposal in response to comments. SECTION 3. — New Section. Chapter 11.03 of the Kent City Code is amended by adding a new section 11.03.215, entitled, "Categorical exemptions for residential mixed use and residential infill development," and reads as follows: Sec. 11.03.215. Categorical exemptions for residential mixed use and residential infill development. A. Mixed Use and Infill Development Categorical Exemption Area Designated. The city designates a categorical exemption for construction of residential developments, non-retail commercial developments less than 65,000 square feet in size, and mixed use developments under RCW 43.21C.229 in the following boundary. 6 KCC 15.02 — Infiii exemptions Ordinance 203 Downtown Subarea Action Plan TM 5 /i Legend In0111 Exemption Area _osna str1nyAreaEQ Tax Pafcels zorz � p o „,,%i ///,,%/%✓% HE 3 RI ililw _1�11`a_ _ B. Exempt Levels of Construction and Trips. In order to accommodate residential mixed use and residential infill development in the Mixed Use and Infill Development Categorical Exemption Area Designated in subsection (A) of this section, the city establishes the following exempt levels for construction of residential developments and mixed use developments under RCW 43.21C.229, considered the Mixed Use and Infill Development and Trip Bank. 1. Exempt levels of infill residential and mixed use development through the year 2031 are shown in the table below. No individual stand-alone non-retail commercial development shall exceed 65,000 square feet in size. 7 KCC 15.02 — Infill exemptions Ordinance 204 Growth Type Base Year(2006) Alternative 2 Moderate Alternative 2-Net DSAP Study Area Growth Total(2031) Growth(2031) Households M,5984_,5_05 E,9967_,,9_78 3,9693 473 Jobs' 3,184 5,507 2,323 Total Activity Units _ 47_,6_89 4334113__j485 &,4995796 (Jobs and Households) Includes hotel rooms and university students as part of"jobs"consistent with the presentation of growth figures in the prior 2011 EIS.However,these elements make up only 3%of the job totals. For the purposes of this section: a. Infill means: Residential developments, non- retail commercial developments less than 65,000 square feet in size, and mixed use developments on unused and underutilized lands within the designated Mixed Use and Infill Development Categorical Exemption Area. b. Mixed use development means: Two (2) or more permitted uses or conditional uses developed in conjunction with one another on the same site. A mixed use development may include two (2) or more separate buildings if the requirements of this section are met, provided that at least twenty-five (25) percent of the gross floor area, as defined in KCC 15.02.170, be a permitted commercial use. For mixed use development in the General Commercial district, the percentage of gross floor area that must be a permitted commercial use may be reduced to five (5) percent. The residential component of any mixed use development cannot be permitted or occupied prior to the permitting and/or occupancy of the commercial component. 2. To be considered for the infill exemption, where a proposal includes the construction of a new building, the minimum height shall be two stories. The maximum height shall be consistent with those studied in the Combined DSAP Planned Action EIS and applicable in the subject zoning district. 8 KCC 15.02 — Infill exemptions Ordinance 205 3. For infill residential and mixed use development in the area designated in subsection (A) of this section, the city may permit up to �3, 440 new trips over the existing trips, consistent with Alternative 2, as established by the SEPA responsible official in the City of Kent Downtown Subarea Action Plan Planned Action Draft and Final SEIS issued June 21, 2013 and October 4, 2013, respectively. C. Traffic Analysis, Concurrency, Impact Fees. In determining whether or not a proposal is exempt, the SEPA responsible official shall consider a traffic analysis based on the quantity of development units and the related applicable trip generation. 1. Concurrency. All exempt development applications shall meet the transportation concurrency requirements and the LOS thresholds established in Chapter 12.11 KCC, as amended by the 2008 Transportation Master Plan, and the multimodal levels of service established in the 2013 DSAP SEIS. 2. Traffic Impact Mitigation. Until the 2008 Transportation Master Plan and Impact Fee Ordinance are updated, infill exemption proposals shall pay their cost per trip for the street, pedestrian, and bicycle improvements identified below as part of the DSAP Study Area fee program in addition to the 2008 Transportation Master Plan and associated impact fee program, KCC 12.14 Transportation Impact Fees. 9 KCC 15.02 - Infiii exemptions Ordinance 206 Alternative 2 - Mitigation Measure Cost Estimates per Trip Infill Exemption Area Mitigation Measure 3,-7903, 440 Trip Growth over Existing Type Cost Cost per Trip Street $7 00061398' $4—&21.87 Pedestrian $1,400,000 $369.39374.33 Bicycle $1,428,000 $37676381.82 Total $',��2.8 55.000 $;-4 758.02 Notes: 1. The total cost of$10,000 is shared proportionately between the Planned Action and Infill Exemption Areas according to the number of trips generated (31-30 percent by the Planned Action Area and 69-70 percent by the Infill Exemption Area). Source: Fehr&Peers, 2013 3. Impact Fees: Chapter 12.14 KCC requires development to pay its fair share for capital improvement projects in the city's Transportation Master Plan and provides guidance for how impact fees are to be assessed. 4. Discretion. The public works director or the director's designee shall have discretion to determine incremental and total trip generation, consistent with the Institute of Traffic Engineers (ITE) Trip Generation Manual (latest edition) or an alternative manual, accepted at the director's sole discretion, for each project permit application proposed under this Infill Exemption Ordinance. D. Development will be allowed under this exemption up to the point that development levels of housing, jobs, and trips have been achieved, unless denied by concurrency. E. Parks and Open Space. Until such time as the city adopts a new Parks and Open Space Plan, and adopts Kent City Code amendments addressing public and private open space and recreation standards and requirements applicable to the Mixed Use and Infill Development Categorical Exemption Area, the following mitigation measures shall apply. 10 KCC 15,02 — Infill exemptions Ordinance 207 Following adoption of a new Parks and Open Space Plan Kent City Code amendments such standards shall supersede the measures below. 1. Urban Park Space: Each infill exemption proposal shall dedicate onsite two hundred and fifty (250) square feet of public park area per dwelling unit or provide a fee in lieu of dedication consistent with subsection (E)(23) of this section. 2. Private Onsite Recreation and Open Space: Each infill exemption proposal shall provide private onsite recreation space for leisure, play, and sport activities at a ratio of two hundred (200) square feet per dwelling unit. Each residential or mixed-use development is required to provide the private space in one or more of the following arrangements. a. An individual balcony or screened patio for each unit b. Small, shared courtyards and a furnished children's play area C. Roof-top open space - roof garden or game court The recreation space proposed by the applicant shall be approved by the parks and community services director. Alternatively up to fifty (50) percent of the private open space may be accomplished offsite or through a fee in lieu consistent with subsection (E)(3) of this section. 3. Through a negotiated voluntary agreement the City may allow up to fifty (50) percent of the private recreation space and up to one hundred (100) percent of the public recreation space in subsections (E)(1) and (E)(2) of this section to be: 1) accomplished offsite as approved by the parks and community services director; or 2) a fee-in-lieu of providing the space onsite following the procedures in KCC 12.04.065. F. Cultural Resources: The following mitigation measures shall apply to infill exemption proposals: 11 KCC 15.02 - Infiii exemptions Ordinance 208 1. In the event that a future development project in the study area is proposed on or immediately surrounding a site containing an archaeological resource, as defined in Chapter 27.53 RCW, the potential impacts on the archaeological resource shall be considered and, if needed, a study conducted by a professional archaeologist shall be required to be conducted at the applicant's expense to determine whether the proposed development project would materially impact the archaeological resource. 2. If the impacts on archaeological resources cannot be avoided, the city shall require that an applicant obtain all appropriate permits consistent with state and federal laws and that any required archaeological studies are completed before permitting any project that would disturb archaeological resource(s). Under Chapter 27.53 RCW, a permit must be obtained from the department of archaeology and historic preservation (DAHP) prior to disturbing a known archaeological resource or site. The avoidance of archaeological resources through selection of project alternatives and changes in design of project features in the specific area of the affected resource(s) would eliminate the need for measuring or mitigating impacts. 3. Developers and property owners shall immediately stop work and notify the city, DAHP and affected tribes if archaeological resources are uncovered during excavation. Following such notification, the city may require implementation of subsections (F)(41) and (F)(52) of this section. 4. If impacts cannot be avoided on a historic resource that is determined eligible for listing on either state or national historic registers, the applicant shall consult with DAHP regarding mitigation options and shall provide documentation of consultation to the city. 5. To include DAHP in the review of historic properties within the Infill Exemption area, the city will notify the state historic preservation officer (SHPO) regarding proposals involving eligible or 12 KCC 15.02 — Infiii exemptions Ordinance 209 designated historic properties through the evaluation of proposals consistent with Chapter 12.01 KCC. G. Water Quality: By December 31, 2016, regulations will be in place to address water quality treatment and promote low impact development measures that are equivalent to the 2012 Department of Ecology Western Washington Stormwater Management Manual. Prior to 2016, the city shall require that applicants identify any low impact development (LID) techniques described in the 2012 Ecology manual and demonstrate why unincorporated LID techniques are not feasible. As part of required land use, building, or construction permits, the city may condition applications to incorporate feasible and site-appropriate LID techniques. H. Air Quality Control Plans: The City shall require all construction contractors to implement air quality control plans for construction activities. The air quality control plans will include best management practices (BMPs) to control fugitive dust and odors emitted by diesel construction equipment, including but not limited to the following measures. 1. Develop a fugitive dust control plan. 2. Use water sprays or other non-toxic dust control methods on unpaved roadways. 3. Minimize vehicle speed while traveling on unpaved surfaces. 4. Prevent track out of mud onto public streets. 5. Cover soil piles when practical. 6. Minimize work during periods of high winds when practical. 7. Maintain the engines of construction equipment according to manufacturers' specifications. 13 KCC 15.02 — Infiii exemptions Ordinance 210 8. Minimize idling of equipment while the equipment is not in use. 9. Burning of slash or demolition debris will not be permitted without express approval from the Puget Sound Clean Air Agency (PSCAA). No slash burning is anticipated for any construction projects in the study area. I. Greenhouse Gas Reduction: Infill exemption applicants shall identify the greenhouse gas reduction measures that are being implemented in their projects, and explain why other measures listed in the 2011 City of Kent Comprehensive Plan Review and Midway Subarea Planned Action EIS are not included or are not applicable. The city shall, as appropriate, condition infill exemption applications to incorporate reduction measures determined by the city to be feasible and appropriate for site conditions, based on the development application. J. Solar access for public pedestrian spaces, pedestrian/bicycle pathways, parks, schools and other areas sensitive to shading shall be preserved by requiring upper-story or ground-level setbacks for adjacent development. To the greatest extent possible, new development shall minimize casting shadows on public spaces during their primary hours of daytime use. K. The city may condition infill exemption proposals to incorporate site design measures that preserve significant public views from public areas. L. Infill exemptions shall comply with the following noise mitigation measures: 14 KCC 15.02 — Infill exemptions Ordinance 211 1. To reduce construction noise at nearby receptors, the following mitigation measures shall be incorporated into construction plans and contractor specifications: a. Locating stationary equipment away from receiving properties to decrease noise from that equipment. b. Erecting portable noise barriers around loud stationary equipment located near sensitive receivers to reduce noise. C. Limiting construction activities between 10:00 p.m. and 7:00 a.m. to avoid sensitive nighttime hours. d. Turning off idling construction equipment to eliminate unnecessary noise. e. Requiring contractors to rigorously maintain all equipment to potentially reduce noise effects. f. Training construction crews to avoid unnecessarily loud actions (e.g., dropping bundles of rebar onto the ground or dragging steel plates across pavement) near noise-sensitive areas to reduce noise effects. 2. At its discretion, the city may require all prospective infill exemption developers to use low-noise mechanical equipment adequate to ensure compliance with the city's daytime and nighttime noise ordinance limits. Depending on the nature of the proposed development, the city may require the developer to conduct a noise impact study to forecast future noise levels and to specify appropriate noise control measures. 3. To address traffic and transit noise, the city may, at its discretion, require new residential development to install triple-pane glass windows or other building insulation measures using its authority under the Washington State Energy Code (KCC 14.01.010). M. Exemption Procedure. Upon approval of the proposal according to the provisions of Chapter 12.01 KCC, the SEPA responsible official shall remove dwellings, jobs, and trips from the levels specified in 15 KCC 15.02 — Infiii exemptions Ordinance 212 subsections (13)(1) and (13)(3) of this section. These exempt levels are not applicable once the total available units, jobs, or trips have been utilized. N. General Monitoring. The SEPA responsible official will monitor the total development approved as part of the development approval process for any development in the area designated in subsection (A) of this section, whether considered exempt or not, in order to ensure that the available units, square feet, and trips cumulatively address growth planned for the designated Mixed Use and Infill Development Categorical Exemption Area. SECTION 4. — New Subsection. Section 11.03.220, entitled, "Use of exemptions," is amended by adding a new subsection (D) to read as follows: Sec. 11.03.220. Use of exemptions. A. Each department within the city that receives an application for a license or, in the case of governmental proposals, the department initiating the proposal, shall determine whether the license and/or the proposal is exempt. The department's determination that a proposal is exempt shall be final and not subject to administrative review. If a proposal is exempt, none of the procedural requirements of this chapter apply to the proposal. The city shall not require completion of an environmental checklist for an exempt proposal. B. In determining whether or not a proposal is exempt, the department shall make certain the proposal is properly defined and shall identify the governmental licenses required (WAC 197-11-060). If a proposal includes exempt and nonexempt actions, the department shall 16 KCC 15.02 — Infiii exemptions Ordinance 213 determine the lead agency, even if the license application that triggers the department's consideration is exempt. C. If a proposal includes both exempt and nonexempt actions, the city may authorize exempt actions prior to compliance with the procedural requirements of this chapter, except that: 1. The city shall not give authorization for: a. Any nonexempt action; b. Any action that would have an adverse environmental impact; or C. Any action that would limit the choice of reasonable alternatives. 2. A department may withhold approval of an exempt action that would lead to modification of the physical environment, when such modification would serve no purpose if nonexempt actions were not approved; and 3. A department may withhold approval of exempt actions that would lead to substantial financial expenditures by a private applicant when the expenditures would serve no purpose if nonexempt actions were not approved. D. The city may authorize a categorical exemption for residential mixed use, non-retain commercial space, and residential infill development for specifically designated portions of the Downtown Subarea Action Plan area pursuant to KCC section 11.03.215. SECTION 5, — Corrections by City Clerk or Code Reviser. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this Ordinance, including the 17 KCC 15.02 — Infiii exemptions Ordinance 214 correction of clerical errors; Ordinance, section, or subsection numbering; or references to other local, state or federal laws, codes, rules, or regulations. SECTION 6, — Severability. If any one or more section, subsection, or sentence of this Ordinance is held to be unconstitutional or invalid, that decision shall not affect the validity of the remaining portion of this Ordinance and that remaining portion shall maintain its full force and effect. SECTION 7, — Effective Date. This Ordinance shall be in force five (5) days after its passage and publication, as provided by law. SUZETTE COOKE, MAYOR ATTEST: RONALD F. MOORE, CITY CLERK APPROVED AS TO FORM: ARTHUR "PAT" FITZPATRICK, ACTING CITY ATTORNEY PASSED: day of 2013. APPROVED: day of 2013. PUBLISHED: day of 2013. 18 KCC 15.02 — Infiii exemptions Ordinance 215 I hereby certify that this is a true copy of Ordinance No. passed by the City Council of the City of Kent, Washington, and approved by the Mayor of the City of Kent as hereon indicated. (SEAL) RONALD F. MOORE, CITY CLERK S:\Permit\Plan\COMP_PL N_AMENDMENTS\2012\CPA-2012-1 Downtown\ECDC\12-9-13\Finalordinanc s\Opdon3_Infillexempord.DOCX 19 KCC 15.02 — Infiii exemptions Ordinance ATTACHMENT 3 216 DECEMBER 9, 2013 ECDC MEETING ECONOMIC and COMMUNITY DEVELOPMENT Ben Wolters, Director • PLANNING DIVISION Fred N. Satterstrom, AICP, Director KEN T Charlene Anderson, AICP, Manager WASH IN GTO N Phone: 253-856-5454 Fax: 253-856-6454 Address: 220 Fourth Avenue S. Kent, WA 98032-5895 November 7, 2013 To: Chair Jamie Perry and Economic & Community Development Committee From: Gloria Gould-Wessen, AICP, GIS Coordinator/Long Range Planner Subject: Planned Action Ordinance for Downtown Subarea, and Infill Exemption Ordinance for the Downtown Subarea Action Plan Area (ENV-2012-30) (KIVA-RPSA 2123291) For the Public Hearing of November 12, 2013 MOTION: 1. Recommend to the full City Council approval/denial/modification of the: (A) Planned Action Ordinance for the Downtown Subarea Action Plan; (B) Infill Exemption Allowance for the Downtown Subarea Action Plan; as evaluated in the Draft and Final City of Kent Downtown Subarea Action Plan Planned Action Supplemental EIS. SUMMARY: On October 4, 2013, the City issued the Final Supplemental Environmental Impact Statement (SEIS) for the City of Kent Downtown Subarea Action Plan 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. Kent City Code (KCC) 11.03.0202 also provides for Planned Actions within the City. Future development that utilizes the planned action 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). SEPA and implementing rules provide for the integration of environmental review with land use planning and project review through an exemption for Infill development pursuant to RCW 43.21C.229, as amended by SB 6406, effective 3uly 10, 2012. The PAO and Infill Ordinance streamline development review within the Downtown Subarea Action Plan study area. As part of the process to adopt a Planned Action Ordinance and the Infill Exemption Ordinance, state regulations require that jurisdictions hold a public hearing. BUDGET IMPACT: None 217 BACKGROUND: To guide Downtown's growth and redevelopment, the City has engaged in extensive planning for the Downtown Subarea and has adopted amendments to its Comprehensive Plan including the Downtown Subarea Action Plan (DSAP). The DSAP supports the City Council's vision statement and strategies for the creation of richly diverse neighborhood urban centers. The DSAP and associated amendments to the Comprehensive Plan and development regulations are based upon Alternative #2 (Moderate Growth Scenario) as evaluated in the Draft and Final Downtown Subarea Action Plan Planned Action Supplemental Environmental Impact Statement (DSAP SEIS). SEPA and its implementing rules provide for the integration of environmental review with land use planning and project review through designation of "Planned Actions" and "Infill Exemptions" by jurisdictions planning under the Growth Management Act (GMA). A supplemental EIS was issued for the DSAP area because it builds upon previous environmental review that was completed under the City of Kent Comprehensive Plan Review and Midway Subarea Planned Action EIS completed in 2011 (referenced as the 2011 EIS). The DSAP SEIS and the 2011 EIS identify impacts and mitigation measures associated with development options in the Downtown pursuant to SEPA, RCW 43.21C.031. Together these environmental documents are referenced as the Combined DSAP Planned Action EIS. (A) DSAP Planned Action Ordinance On October 14th, the Economic & Community Development Committee held a community meeting to solicit public comments on designating a Planned Action Ordinance (PAO) for a portion of the DSAP's study area, consistent with RCW 43.21C.440(3)(b). The DSAP PAO and SEPA Mitigation Document is based on the environmental analysis contained in the Combined DSAP Planned Action EIS (see Attach A - PAO Ordinance). The PAO applies to an area shown in Attachment A, Exhibit A. Mitigation measures are contained in Attachment A, Exhibit B, and provide a summary of all anticipated significant adverse environmental impacts, significant unavoidable adverse impacts, and mitigating measures. The mitigation measures are based on findings of the Combined DSAP Planned Action EIS, and along with adopted City regulations, provide the framework that the City will use to apply appropriate conditions on qualifying Planned Action Projects. Together, the PAO and existing development regulations will help protect the environment, and will guide the allocation, form and quality of desired development. (B) DSAP Infill Exemption Ordinance The DSAP Infill Exemption Ordinance is based on the environmental analysis found in the Combined DSAP Planned Action EIS (see Attach B - Infill Exemption Ordinance). The Infill Exemption applies to an area shown in Attachment B, Section 3. Within this designated area, the City designates a categorical exemption for construction of residential developments, non-retail commercial developments less than 65,000 square feet in size, and mixed use development under RCW 43.21C.229. Mitigation measures associated with traffic impact, parks and open space, cultural resources, water and air quality, and greenhouse gas reduction will all be addressed by proposed development for Infill Exemption applicants. ENV-2012-30 of CPZ/CPA-2012-1 Downtown Subarea Action Plan - Planned Action and Infill Exemption Ordinances Economic &Community Development Committee November 12, 2013 Page 2 of 4 218 GGW/FS/pm S:\Permit\Plan\COMP_PL N_AMENDMENTS\2012\CPA-2012-1 Downtown\Council\11-12-13\Memo_PAOInFlll.docx Enc: Attach A- Planned Action Ordinance; and Attach B -Infill Exemption Ordinance. cc: Ben Wolters, ECD Director Fred Satterstrom,AICP, Planning Director Charlene Anderson,AICP, Planning Manager David Galazin,Assistant City Attorney Project Files ENV-2012-30 ENV-2012-30 of CPZ/CPA-2012-1 Downtown Subarea Action Plan - Planned Action and Infill Exemption Ordinances Economic &Community Development Committee November 12, 2013 Page 3 of 4 219 ECONOMIC and COMMUNITY DEVELOPMENT Ben Wolters, Director PLANNING DIVISION Fred N Satterstrom, AICP, Planning Director KENT Charlene Anderson, AICP, Planning Manager WASH INGTON Phone: 253-856-5454 Fax: 253-856-6454 Address: 220 Fourth Avenue S. Kent,WA 98032-5895 December 4, 2013 TO: Jamie Perry, Chair and ECDC Committee Members FROM: Fred N. Satterstrom, AICP, Planning Director RE: Permit Customer Satisfaction Survey Results MOTION: For Informational Purposes Only The Economic & Community Development Department has been surveying our permit customers for about three years now. We send it out via email to those who get permits from the City. It is a relatively simple survey that takes only a few minutes to fill out and email back. It asks respondents to rate our timeliness, friendliness, helpfulness, among other things, as well as their overall permit experience. There is also a box for any comment they wish to leave with us. We get a terrific number of responses to the survey and the number of comments in the comment box has increased over the years we have been conducting the survey. Some of these comments have influenced the Department to make changes in process or procedure and we have communicated this back to our customers. It seems we are developing a dialogue with our customers as a result. We recently conducted another survey of 600+ customers and will report the results at the ECDC meeting on December 9tn FS/pm P:\P1anning\ECDC\2013\Packet Documents\12-09-13\customer service survey memo.doc cc: Ben Wolters, E&CD Director Kimberlee McArthur, Permit Center Manager