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Home My WebLink AboutCity Council Committees - Land Use and Planning Board - 07/28/2014 ECONOMIC and COMMUNITY DEVELOPMENT Ben Wolters, Director PLANNING DIVISION Fred N. Satterstrom, AICP, Planning Director Charlene Anderson, AICP, Manager KEN T Phone: 253-856-5454 WAS Id INGTON Fax: 253-856-6454 220 Fourth Avenue S, Kent, WA 98032-5895 AGENDA LAND USE & PLANNING BOARD PUBLIC HEARING JULY 28, 2014 7:00 P.M. LUPB MEMBERS: Jack Ottini, Chair; Barbara Phillips, Vice Chair; Frank Cornelius, Navdeep Gill, Alan Gray, Katherine Jones and Randall Smith CITY STAFF: Fred Satterstrom, AICP, Planning Director; Charlene Anderson, AICP, Planning Manager; Erin George, AICP, Senior Planner; Assistant City Attorney David Galazin This is to notify you that the Land Use and Planning Board will hold a Public Hearing on MONDAY, JULY 28, 2014 at 7:00 P.M. The Hearing is held in Kent City Hall, City Council Chambers East and West, 220 41h Avenue South, Kent, WA. The public is invited to attend and all interested persons will have an opportunity to speak. Any person wishing to submit oral or written comments on the proposed Green River Corridor District zoning code amendment or the Riverbend Surplus Property Comprehensive Plan amendment and rezone may do so at the hearing or prior to the hearing by email to Erin George at: egeorge@kentwa.gov. The agenda will include the following item(s): 1. Call to order 2. Roll call 3. Approval of the June 23, 2014 Minutes 4. Added Items 5. Communications 6. Notice of Upcoming Meetings 7. PUBLIC HEARING: 1. RIVERBEND SURPLUS PROPERTY (CPA-2014-1/CPZ-2014-1) (EG/FS) This is a public hearing to examine four Comprehensive Plan land use and zoning designation options for potential future development of the Riverbend Par 3 golf course site located along Meeker Street at the Green River, as discussed at the July 14, 2014 workshop. Options include Midway Commercial Residential (MCR), General Commercial Mixed Use (GC-MU), Medium Density Multifamily (MR-M) and Residential Agricultural (SR- 1). Optional Comprehensive Plan designations include Mixed Use (MU), Transit Oriented Community (TOC), Medium Density Multifamily (MDMF) and Open Space (OS). Minor changes to the Zoning Code relating to the definition of MCR and application of Midway Design Guidelines (KCC 15.03.010 and 15.09.045) may be necessary if the MCR option is chosen. 2. GREEN RIVERCORRIDOR DISTRICT ZONING CODE AMENDMENT (ZCA-2014-3) (EG/FS) This is a public hearing to examine several options related to amending or eliminating height restrictions and revising the building length restriction within the Green River Corridor District (KCC 15.08.260) as discussed at the July 14, 2014 workshop. For further information or to obtain copies of the staff report or Agenda for the proposed amendment contact the Planning Division office at(253)856-5454. You may access the City's website for documents pertaining to the Land Use and Planning Board by depressing the Control Key and left clicking on the following path: http://kentwa.igm2.com/citizens/Defau/t.aspx?DepartmenLTD=1004. Any person requiring a disability accommodation should contact the City Clerk's Office at 253-856-5725 in advance. For TDD relay service call 1-800-833-6388 or the City of Kent Economic& Community Development directly at(253) 856-5499 (TDD). 1 �� LAND USE & PLANNING BOARD w RC O T MINUTES wns Hirvcro�.. JUNE 23, 2014 Land Use & Plannina Board Members: Chair Jack Ottini, Vice Chair Barbara Phillips, Frank Cornelius, Navdeep Gill, Alan Gray (absent/excused), Katherine Jones, and Randall Smith. Ottini called the meeting to order at 7:00 pm. City Staff: Planning Director Fred Satterstrom; Planner Katie Graves, Assistant City Attorney David Galazin 3. Approval of Minutes Board member Smith Moved and Board member Phillips Seconded a Motion to Approve the May 27, 2014 Minutes. Motion CARRIED 6-0. 4. Added Items None S. Communications Satterstrom stated that there are some further communications related to the public hearing topic that will be introduced later. 6. Notice of Upcoming Meetings None 7. Public Hearing ZCA-2014-2 Recreational Mariivana Zoning Assistant City Attorney David Galazin handed the Board Members the latest version of the administrative rules adopted by the Liquor Control Board (LCB) and the LCB Notices of Emergency Rules. With passage of Initiative-502 the LCB approved the creation of a legalized marijuana production, processing and retailing structure within the state of Washington. This structure remains illegal under Federal Law as a Schedule One controlled substance. Galazin spoke about how Initiative-502 influences how Kent is allowed to provide for the local zoning and licensing for all types of businesses. An opinion from the Washington State Washington Attorney General confirmed that the authority of cities to provide for the local zoning and licensing for all types of businesses is inherent by virtue of the state constitution, as well as state statute. A special notice issued on June 121h by the Washington State Department of Revenue explained how the State will tax marijuana production. I-502 imposes an excise tax of 25% at each level of production, processing and retail sales with none of those revenues going to the City of Kent. Galazin recommended that the Board consider the various impacts to surrounding land uses associated with recreational marijuana production, processing and retail sales, and to identify the appropriate zoning districts within the city for any of those uses. Potential impacts include odors generated from marijuana production and processing that can be detectable from surrounding areas - whether it is the tenant space next door, adjacent properties or adjacent sidewalks. Some safety concerns may be warranted, since processors start with raw materials, and use solvents, chemicals, gases and other compounds to extract oils and create and process marijuana infused products. Crime is a third item to consider with Galazin referencing crime rate maps provided as part of the presentation. The LCB passed rules prohibiting marijuana uses from locating within 1000 feet of the elementary and secondary schools, playgrounds, recreational centers, childcare centers, public parks, public transit centers, libraries, and certain game arcades. Those buffer areas are subject to change depending on where and when certain facilities open up. 2 Planner Katie Graves described: 'marijuana production' presenting four zoning options defined as Options: A, B, C and D; 'marijuana processing' presenting three zoning options defined as Options A, B and C; and marijuana retail' presenting five zoning options defined as Options A, B, C, D, and E. Additional options proposed by staff includes: limiting how marijuana producers, processors and retailers operate; not allowing these uses to operate as an accessory to a primary use or as a home occupation; requiring all activities to occur indoors, mitigating for significant adverse impacts and requiring that marijuana uses be designed to include features that prevent odors from impacting other uses. Graves stated that indoor facilities may be more equipped to properly vent odors as well as address security concerns. Marijuana production and processing may create odor impacts to the surrounding area. Staff is recommending adoption of the following language: "Marijuana producers, processors, and retailers shall not operate as accessory to a primary use or as a home occupation. All activities shall occur within an enclosed structure and shall be designed, located, constructed, and buffered to blend in with its surroundings and mitigate significant adverse impacts on adjoining properties and the community, and special attention shall be given to minimize odor, noise, light, glare, and traffic impacts. Marijuana uses shall be designed to include controls and features to prevent odors from traveling off site and being detected from a public right-of-way, or other properties or uses." Graves stated that should the Board recommend allowing marijuana uses in Kent, staff recommends Option B to allow marijuana production only within the M-3 General Industrial District, as the M-3 zone is designed for industrial activity that have unusual or potentially negative or harmful operational characteristics. Staff recommends Option B for both the production and processing of marijuana as those two processes can be located together to benefit from tax breaks. Staff recommends Option B to allow retail sales only in the GWC (Gateway Commercial) zoning district, as this zone is not heavily impacted by those 1000 foot buffer restrictions imposed by the LCB, and the GWC district is generally not an area with higher crime rates, nor is the GWC located in close proximity to residential zoning districts. Galazin reported on a bill passed by Legislation on June 121h that dealt with the production of marijuana concentrates. Marijuana concentrates are developed through an extraction process to produce the kind of oils that may be used the same way as the E-cigarette vaporizer pens. The processes involved to extract those oils could be potentially dangerous and staff does not yet know what the impacts will be from that process. The law now allows marijuana processors to produce this type of product and sell it. Galazin spoke about the law and rules governing the issuance or approval process associated with licensing of marijuana production, processing and retail facilities, as controlled by the LCB. Galazin addressed questions raised by the Board with respect to LCB, Federal, State and local jurisdictional authorities, rules, regulations, tax revenues, and the technicalities associated with licensing of recreational marijuana facilities. Galazin cited the rules Section 314-55-104 that speaks to the marijuana processor license extraction requirements. Graves submitted for the record, an email received from Grant Girdner, dated June 23, 2014 and defined as Exhibit #3, commenting in support of marijuana production, processing and retail sales citing specific zones he would favor for those uses. WPB Minutes June 23,2014 Page 2 of 3 Ottini MOVED and Smith SECONDED a Motion to accept an email submitted for the record from Grant Girdner into the record, Motion PASSED 6-0, Ottini MOVED and Jones SECONDED a Motion to Open the Public Hearing whereupon Ottini declared the public hearing open, Paul Nickelson, 1217 E Walnut, spoke in favor of supporting the recreational marijuana processing, production and retail entities in Kent; recommending that the Production Option B and C be combined. He encouraged the Board to allow for more flexibility for both the distribution and retail aspects of the businesses. Jeff Piecewicz, 14100 SE 282"' St, spoke in opposition to recreational marijuana and stated that he supports a total ban on marijuana franchising based on business liability, economic development and social degradation issues. Kirsten Brown, 6123 S 242"' Place, Kent, WA spoke in opposition to recreational marijuana facilities and favors banning marijuana production, processing or retail within Kent. She spoke about research she conducted outlining the negative health and safety risks associated with the use of marijuana. Tyler Jones, 2826 103r' PI NE, Bellevue, WA stated that he is the owner and applicant of the Orchard View West, who has applied for a producer and processor license in Kent. He spoke of his food manufacturing background comparing the marijuana industry as similar in nature. Jones stated that he is proposing locating his facility in the M-2 zoning district, urging the Board to expand the zoning district beyond the M-3 zone. Jones stated that if the facility is sited in Kent, the business will be conducted professionally and responsibly. Donna Payne, PO Box 196, Auburn, WA stated that she lives on West Hill near Pacific Highway in one of the highest crime areas in town. She spoke in support of speakers two and three, stating that she is vehemently opposed to the use of marijuana and believes that Kent needs to take a stand against allowing these facilities in Kent. Gary D Jones, 12515 Bel Red Road, Bellevue, WA stated that he is advocating on behalf of the applicant to receive their production-processor license in Kent. He urged the Board to expand zoning to include the M-2 zoning district for production and processing of recreational marijuana. Jim Schack, 24615 142"' Ave SE, Kent, WA spoke in opposition to allowing Recreational Marijuana Facilities in Kent asking the Board to take a stand and vote for Option A to not permit marijuana use in Kent. Seeing no further speakers, Ottini MOVED and Phillips SECONDED a Motion to close the Public Hearing. Motion PASSED 6-0. Board Members Cornelius, Ottini, Smith, Phillips, Gill, and Jones expressed opinions on why they oppose recreational marijuana production, processing or retail facilities in Kent. Upon concluding deliberations, Cornelius MOVED and Phillips SECONDED a Motion to recommend to the City Council Option A for Recreational Marijuana Retail and Uses by Businesses Validly-Licensed by the Washington State Liquor Control Board to not allow marijuana retail sales in any zoning district. All members voted in favor, Motion PASSED 6-0, Jones MOVED and Gill SECONDED A Motion to recommend to the City Council Option 8 for recreational marijuana processing land uses by Businesses validly- licensed by the Washington State Liquor Control Board to allow marijuana WPB Minutes June 23,2014 Page 3 of 4 processing only in the M3 General Industrial District. MOTION FAILED 3-3 with Ottini, Phillips, and Cornelius voting in opposition, and Gill, Jones, and Smith voting in favor of the Motion. Galazin recommended the Board make a motion to reconsider; whereupon Cornelius MOVED and Board Member Phillips SECONDED a Motion to Reconsider. MOTION PASSED 6-0. Ottini MOVED and Phillips SECONDED a Motion to recommend to the City Council Option B For recreational marijuana processing land uses by businesses validly- licensed by the Washington State Liquor Control Board Only in the M-3 General Industrial District. MOTION FAILED 4-2 with Ottini, Phillips, Cornelius and Smith voting in opposition, and Gill and Jones voting in favor of the Motion. Cornelius MOVED and Phillips SECONDED a Motion to recommend to the City Council Option A for recreational marijuana production land uses by businesses validly-licensed by the Washington State Liquor Control Board to not allow marijuana production in any Zoning District. MOTION PASSED 4-2 With Ottini, Phillips, Cornelius, and Smith voting in favor, and Gill and Jones voting in opposition to the Motion. Satterstrom stated that the Land Use and Planning Board will hold a workshop on July 14thto consider the Riverbend Amendments. The Recreational Marijuana issue will tentatively go to City Council Workshop on July 151h. Adiournment Seeing no further business to come before the Board, Ottini MOVED and Gill SECONDED a Motion to Close the Public Meeting. Motion PASSED. Meeting was adjourned at 9:05 pm. Charlene Anderson, AICP, Planning Manager/Board Secretary WPB Minutes June 23,2014 Page 4 of4 5 ECONOMIC and COMMUNITY DEVELOPMENT Ben Wolters, Director PLANNING DIVISION Fred N. Satterstrom, AICP, Planning Director KENT Charlene Anderson, AICP, Manager wAs�, ��.o� Phone: 253-856-5454 Fax: 253-856-6454 Address: 220 Fourth Avenue S Kent, WA 98032-5895 July 23, 2014 TO: Chair Jack Ottini and Land Use & Planning Board Members FROM: Fred Satterstrom, AICP, Planning Director Erin George, AICP, Senior Planner RE: Riverbend Surplus Property Comprehensive Plan Amendment and Rezone (CPA-2014-1 and CPZ-2014-1) For Public Hearing of July 28, 2014 MOTION: Recommend to the City Council approval of Option 2, a comprehensive plan land use designation of MU, Mixed Use and a zoning designation of GC-MU, General Commercial-Mixed Use for the Riverbend Surplus Property. BACKGROUND: At their May 6th meeting, City Council approved Resolution #1883, which authorized staff to move forward with a comprehensive plan amendment on the Riverbend Surplus Property site. Currently, in light of its present use as a golf course, the site is zoned for low intensity land uses (SR-1) and its designation in the comprehensive plan is Open Space. Discussions with the City Council have envisioned a more urban, mixed use scenario which would require a change in zoning and comprehensive plan designations. At the June 91h and July 141h LUPB workshops, staff discussed four land use and zoning designation options with the Board. SEPA environmental review has been completed for this proposal and a Determination of Non-Significance was issued on July 23, 2014. DISCUSSION: The location and physical characteristics of the Riverbend surplus site create opportunities as well as potential limitations that need to be considered when choosing land use and zoning designations (see map in Attachment 1). With 23 acres of flat property and 1,500 feet of frontage on Meeker Street, the site lends itself to a variety of potential land uses such as retail, office, hotel or multi-family residential. Located just east of a major intersection with State Route 516, the site enjoys easy access to Interstate 5 and State Route 167, which are desirable factors for commercial and office uses. MEMORANDUM: 6 LUPB Public Hearing July 28, 2014 Page 2 Two thousand feet of river and trail frontage provide recreational and view opportunities, while also presenting limitations due to shoreline regulations. Developments within 200 feet of the river are limited to water-related commercial uses no higher than 35 feet and must provide public access to the shoreline. Residential uses are not permitted within 200 feet. Despite these constraints, such a large site could easily accommodate residential or office uses outside the 200 feet, with a water-related use such as a restaurant with views and outdoor dining areas closer to the river. Choosing the zoning for this site will shape what future development could be, and must consider not only the site characteristics but also community vision and market demand. With the recent Downtown Subarea Action Plan, the boundaries of downtown were extended west to 64th Avenue South, reflecting "the relevance of areas located west ... of the current boundaries to the economic vitality of, and synergy with what is traditionally considered the downtown." (DSAP page 4-1) Given this expansion, the Riverbend Surplus site could be considered a gateway to downtown Kent. The DSAP pursues a dense, mixed-use urban center and specifically seeks to increase the mix of uses by expanding GC-MU zoning further west to 64th Avenue South. With City Council's goal of urban, mixed use development in mind, staff will present four zoning options for the Board's consideration. Two of the options are mixed use, one is residential only and the last is a "no action" alternative. Refer to the tables in Attachment 2 for a detailed comparison of uses and standards for each zoning district, with a brief summary provided here: Option 1: MCR, Midway Commercial Residential Recently created by the Midway Subarea Plan Allows mixed use, retail, office, hotel, multifamily residential Prohibits auto-oriented uses such as auto repair, car sales and drive through Ensures quality development through Midway Design Guidelines Minor change to Zoning Code needed to ensure Midway Design Guidelines apply outside Transit Oriented Community (TOC) comprehensive plan land use designation 200 foot height limit allows design flexibility, but may not be appropriate in this location Mixed Use (MU) comprehensive plan land use designation is the natural choice to support this zoning designation TOC land use designation is an option, but was intended to surround a light rail station Option 2: GC-MU, General Commercial Mixed Use • Broad mix of uses allowed • Recent re-zoning in Downtown Strategic Action Plan brought GC-MU further west to 64th Avenue South MEMORANDUM: 7 LUPB Public Hearing July 28, 2014 Page 3 65 foot height limit; may be extended to 81 feet with administrative variance Multifamily residential must include 5% commercial use (as a percentage of total square footage) A wide variety of commercial uses are allowed, including auto-oriented uses Mixed Use Design Review required Mixed Use (MU) comprehensive plan land use designation could support this zoning district Option 3: MR-M, Medium Density Multifamily Residential • MR-M zoning exists on land located adjacent to the east • Multifamily residential is primary allowed use • No commercial use is allowed • Medium Density Multifamily Residential (MDMF) comprehensive plan land use designation could support this zone Option 4: No Action (SR-1, Residential Agricultural) • Allows low density single family residential (1 unit per acre) • Clustering required with 50% open space • Agricultural and open space uses allowed • No commercial use is allowed • Open Space (OS) comprehensive plan land use designation would remain Given Council's vision for a mixed use development, Options 1 and 2 are both good choices. Option 1 (MCR) would ensure quality, urban, pedestrian-friendly development but does not require residential projects to include commercial. While the highest building likely to be built on the site is 80 feet, the 200 foot height limit in the MCR district may not be appropriate in this location. Option 2 (GC-MU) could achieve similar quality through Mixed Use Design Review with a shorter height limit of 65 feet. With the recent extension of GC-MU as part of the DSAP, selecting Option 2 would ensure consistency with the surrounding area. The following criteria (KCC 12.02.050) are used by the City Council to evaluate a request for a Comprehensive Plan Amendment, which shall only be granted if the City Council determines that the request is consistent with these criteria: COMPREHENSIVE PLAN AMENDMENT CRITERIA 1. The amendment will not result in development that will adversely affect the public health, safety, and general welfare. Any future development on the site will have to meet applicable land development and building codes, including mitigation of environmental impacts. Therefore, the proposed amendment will not adversely affect the health, safety and general welfare of the citizens of Kent. MEMORANDUM: 8 LUPB Public Hearing July 28, 2014 Page 4 2. The amendment is based upon new information that was not available at the time of adoption of the comprehensive plan, or that circumstances have changed since the adoption of the plan that warrant an amendment to the plan. At the time of adoption of the Comprehensive Plan in 1995 and the subsequent update in 2004, the Par 3 golf course was not expected to change to any other use, so it was designated OS, Open Space. Since that time, the fiscal sustainability of the City's golf operations has come into question. City Council has directed staff to prepare the Riverbend surplus property (Par 3) for possible sale to a developer, with the goal of building a mixed use development on the site in the future. Furthermore, the Downtown Subarea Plan (DSAP) was adopted by City Council in 2013, which expanded the boundaries of downtown west of SR 167 to 64th Avenue South. The DSAP also expanded the mixed use overlay in the same area, bringing the GC-MU zoning boundary closer to the subject parcel and setting the stage for redevelopment along Meeker Street. Based on the above new information, it is appropriate to re-evaluate the land use plan map designation of the Riverbend surplus property. 3. The amendment will result in long-term benefits to the community as a whole and is in the best interest of the community. The Par 3 golf course currently provides shorter fairways that are well suited to young or beginning golfers as well as senior golfers. Displacement of the Par 3 course will cause a loss of recreational golf opportunities that the City plans to mitigate by two means. First, by developing a golf training facility on the vacant two acre area next to the driving range; and second, by adding forward-tee boxes to the standard 18-hole Riverbend course. Improving the fiscal sustainability of the City's golf operations will be a long-term benefit for golfers and the community, by ensuring the continuing operation of the rest of the Riverbend Golf Complex. The proposed amendment would enable development of the site, which depending on the option chosen, would eventually generate jobs, housing units, property tax revenue and/or sales tax revenue for the City. Creation of jobs, housing and public revenue are also long-term benefits for the community as a whole. 4. The amendment is consistent with other goals and policies of the comprehensive plan, and that the amendment will maintain concurrency between the land use, transportation, and capital facilities elements of the plan. Selection of option 1, 2 or 3 would support Comprehensive Plan goals and policies regarding mixed use development and housing: goals LU-6, LU-9, LU-10 and ED-3.2 and policies LU-6.1, LU-6.2, LU-9.1, LU-9.4, LU-10.1, LU- 10.2, ED-3.2 and ED-3.5. Concurrency will be ensured through requiring MEMORANDUM: 9 LUPB Public Hearing July 28, 2014 Page 5 transportation and utility improvements and impact fees at the time of development. The following criteria (KCC 15.09.050.C) are used by the City Council to evaluate a request for a rezone. Such an amendment shall only be granted if the City Council determines that the request is consistent with these criteria: REZONE CRITERIA 1. The proposed rezone is consistent with the comprehensive plan. The Comprehensive Plan Land Use Map currently designates the subject property as OS, Open Space. As the proposed rezone is accompanied by a proposed Comprehensive Plan Land Use Map amendment, the rezone option chosen will be consistent with the relevant Comprehensive Plan land use designation. If option 1 or 2 is chosen, the corresponding land use designation will be MU, Mixed Use. If option 3 is chosen, the land use designation will be MDMF, Medium Density Multifamily Residential. As mentioned above, the proposed rezone is also consistent with the applicable goals and policies in the Comprehensive Plan. 2. The proposed rezone and subsequent development of the site would be compatible with development in the vicinity. The Zoning Code allows a variety of uses in the GC-MU and MCR districts, including multifamily residential, retail, restaurant, office and service uses. The MR-M district allows multifamily residential uses. These potential uses would be compatible with the existing mix of multifamily housing, golf complex and service uses along Meeker Street. More specifically, the Riverbend 18-hole Golf Course is located directly across Meeker Street to the north, including a pro shop and restaurant. A Best Western hotel and several restaurants are located to the northeast. The Colony Park Apartments (24 units) are located immediately adjacent to the subject site, with the Riverbend driving range and miniature golf course east of that. Further east are two large garden-style apartment complexes. The City's Old Fishing Hole Park is located west of the site, across the Green River. Vacant property to the south, also across the Green River, is owned by King County and the City of Kent, and is planned for a salmon habitat restoration project. Any of the proposed zoning options will complement existing uses by providing services and potential employment for nearby residents (if commercial) and potential customers for nearby businesses (if residential). The Zoning Code prohibits incompatible uses, such as industrial, in the proposed zoning districts. 3. The proposed rezone will not unduly burden the transportation system in the vicinity of the property with significant adverse impacts which cannot be mitigated. MEMORANDUM: 10 LUPB Public Hearing July 28, 2014 Page 6 The proposed rezone of this property will not generate additional trips onto the existing transportation system at this time. However, subsequent development will add trips depending on the type of development proposed. The specific traffic impact will be quantified at the time of development permit review, and appropriate mitigation will be identified at that time. Such mitigation will include payment of traffic impact fees, and likely construction of or financial contribution towards a Meeker Street widening project as identified in the City's Transportation Master Plan. 4. Circumstances have changed substantially since the establishment of the current zoning district to warrant the proposed rezone. The subject parcel was annexed to the City of Kent in 1958 and was originally used for agriculture. The Colony Park apartments were constructed in 1968 along with the Par 3 golf course and driving range, which were part of the apartment complex. The City bought the Par 3 course from Colony Park Apartments in 1981. At the time of adoption of the Comprehensive Plan in 1995 and the subsequent update in 2004, the Par 3 golf course was not expected to change to any other use, so it was designated OS, Open Space. Since that time, the fiscal sustainability of the City's golf operations has come into question. City Council has directed staff to prepare the Riverbend surplus property (Par 3) for possible sale to a developer, with the goal of building a mixed use development on the site in the future. Furthermore, the Downtown Subarea Plan (DSAP) was recently adopted by City Council in 2013, which expanded the boundaries of downtown west of SR 167 to 64th Avenue South. The DSAP also expanded the mixed use overlay in the same area, bringing the GC-MU zoning boundary closer to the subject parcel. Based on the above new information, it is appropriate to re-evaluate the zoning designation of the Riverbend surplus property. S. The proposed rezone will not adversely affect the health, safety and general welfare of the citizens of the city. The proposed rezone is consistent with the intent of the Comprehensive Plan. Additionally, subsequent development on the site will have to meet applicable codes and regulations, including mitigation of anticipated environmental impacts. Therefore, the rezone proposal will not adversely affect the health, safety or general welfare of the citizens of Kent. In addition to the above rezone criteria, the City Council shall also evaluate a request for expanding the mixed use overlay on the basis of the following criteria: REZONE TO MD(ED USE OVERLAY CRITERIA 1. The proposed rezone is contiguous to an existing mixed use overlay area, or is at least one (1) acre in size. MEMORANDUM: 11 LUPB Public Hearing July 28, 2014 Page 7 The portion of the subject parcel proposed to be rezoned is 23 acres in size. An existing mixed use overlay area is also located nearby at the northeast corner of Meeker Street and Russell Road. 2. The proposed area is located within close proximity to existing residential uses and existing commercial uses which would support residential use. The Riverbend Surplus Property is located near several existing apartment complexes and a variety of retail, restaurant and service uses. More specifically, a restaurant is located directly across Meeker Street, within the Riverbend Golf Complex. A Best Western hotel and several restaurants are also located to the northeast. The Colony Park Apartments (24 units) are located immediately east of the subject site, and further east are two large garden-style apartment complexes. 3. The proposed area is located in close proximity to transit stops, parks, and community facilities. The Riverbend 18-hole Golf Course is located across Meeker Street to the north, including a pro shop and restaurant. A driving range and miniature golf course are also located to the east. The City's Old Fishing Hole Park is located west of the site, across the Green River. Metro bus routes 158, 159, 166 and 183 currently serve the site via a bus stop located on the south side of Meeker Street near the driving range. RECOMMENDATION: Staff recommends Option 2: GC-MU zoning with an MU land use designation. This option meets the criteria for rezones and the criteria for amendments to the Comprehensive Plan Land Use Map. Staff feels that GC-MU is the most appropriate zoning district for this site, given the existing zoning and development nearby and given City Council's vision for a mixed use development. While MCR allows mixed use, the 200 foot height limit is not appropriate in the valley or near the Green River. GC-MU's 65 foot height limit is more reasonable. GC-MU allows auto-oriented commercial uses (while MCR does not); however, the City will use the RFP process and a development agreement to ensure a desirable use is selected and that the finished product is high quality and attractive. EG:pm \S:\Permit\Plan\COMP_PLAN_AMENDMENTS\2014\CPA-2014-1_Par3\LUPB\07-28-14_HearingStaffRpt.doc Enc: Attach 1- Site Map Attach 2- Land Use Comparison Table cc: Ben Wolters, Economic and Community Development Director Charlene Anderson,AICP, Planning Manager Matt Gilbert,AICP, Principal Planner Kurt Hanson, Economic Development Manager David Galazin,Assistant City Attorney Project File CPA-2014-1 and CPZ-2014-1 12 ATTACHMENT 1 M i w i r o/r i u � 2 it '(i+ri r t„ u cr' v ' M � NiWr L ft a (r r r i w rp� er ; r r �� 14 ATTACHMENT 2 15 '^ O O O O O O O O O O O O O O O O O O O O O O '^ } zzzzzzzzzzzzzzzzzzzzzz > v } O O O O O O O O O O O O O O O O O O O O } > > > z z z z z z z z z z z z z z z z z z z z E v Z o O L c Q Y a N f0 f0 f0 U G U U U U Q 0 E E E E W 0 0 0 0 T Ln N O O O O O ut ut ut ut ut ut ut ut ut ut ut ut ut ut ON 0 0 O O h0 p V Z V } } } } } } } } } } } } } } } } Z Z c Y t hn J VI VI VI VI � Q } } } } N hq } C C LU C W w N U a c � C U O L .2 v 2 ut ut ut ut d ut ut ut ut ut ut ut ut ut d C u J V O N N N v 2 N N N N O N N N N v 2 O O O O O O O O v Z } } } } U } } } } Z } } } } } U Z Z Z Z Z Z Z Z _ O Ln p ` fl Ln U/ Y � p c Z N ` W s m VI .y U O_ Y O 0 W f0 Y E V` L 1 O E O i _ u vt Y * L C -0b0 M ++ O ++ O c w Q +' N vt 0 .O _ L In +u+ t _ y O N U/ C tlD wt L L N 'V W t pp v -O -O O vt .N GW ' 7 O N p W N 40 _ L 2 40 .i C ro N U 0 t E v L U Co \ U_ C LL v ++ i C VI U/ ++ C f0 vt L p \ '� O u 'N C N O W L vt N 1' O C C S �, W O tlll O W .N L l.L W CL O C ++ N = p N ++ Y > L tlq u C W .0.. i LL Y w y L u K G ccOA m a c O `� ) O L O vt y0+ i E " Y .v �ibD E o w 3 �° v 0) +0 CC 0) F N \ O a Q 0. c� Q °� 3 -0 CC G W 0) 3 L O. O U/ 'O O O L N 10 � Q Q O Cop 'N C F f6 c .. O O J 16 v o v v v {n V1 M z O V1 V1 M N c-I c-I X E Y Z U w O O Ln CL C_ O V M O N w Ln O o O Q c-I Z Q Ln F � � Z c c W v v U � 0E .x O O O O W V O E Z Z Z 0 Z 0 O O Y Y } v v F .2 .2 O O W N N a O CL Ln V] Y Y C C J a Ln Ln Y Y N U v v v v N v N Q V w O C w C Y C Y O O J O J Z O °O Z ON Z Z W N CO w W N (U w w y O O W x 0 V) Vn V) X 0 W i [O O MU X K N 17 ECONOMIC and COMMUNITY DEVELOPMENT Ben Wolters, Director PLANNING DIVISION Fred N. Satterstrom, AICP, Planning Director KENT Charlene Anderson, AICP, Manager wAs�, ��.o� Phone: 253-856-5454 Fax: 253-856-6454 Address: 220 Fourth Avenue S Kent, WA 98032-5895 July 22, 2014 TO: Chair Jack Ottini and Land Use & Planning Board Members FROM: Fred Satterstrom, AICP, Planning Director Erin George, AICP, Senior Planner RE: Green River Corridor District Zoning Code Amendment (ZCA-2014-3) For Public Hearing of July 28, 2014 MOTION: Recommend to the City Council approval of Option 1, amending the Zoning Code to eliminate the Green River Corridor District height restriction and add GC-MU to the building length exception. BACKGROUND: At the July 14, 2014 LUPB workshop, staff discussed the possibility of eliminating the height restriction and revising the building length restriction within the Green River Corridor District (1,000 feet from the river), regulated by Kent City Code 15.08.260.0 (6) and (7). Building heights within the corridor would continue to be limited by development standards in the Zoning Code and Shoreline Master Program. SEPA environmental review has been completed for this proposal and a Determination of Non-Significance was issued on July 23, 2014. While crafting the Downtown Subarea Action Plan (DSAP) and expanding the downtown boundaries west of State Route 167, staff noted a Green River Corridor District requirement contained in the Zoning Code that limits building height to 35 feet and limits building length to 200 feet within 1,000 feet of the Green River. This standard conflicts with the new 65 foot height limit applied by the DSAP for the GC- MU zoning district, which includes portions of the downtown planning area that are also located within the Green River Corridor. The Shoreline Management Act was passed by the State Legislature in 1971, which applies to areas within 200 feet of shorelines such as the Green River. As required by the Act, the City adopted the City of Kent Shoreline Master Program (SMP) in 1974, which has been subsequently updated several times. Among other restrictions, the SMP restricts buildings within 200 feet of the Green River to 35 feet in height. Kent adopted the Green River Corridor District regulations in 1985 to provide an additional 800 foot corridor beyond the Green River shoreline zone protected from "land uses that would adversely affect the shoreline environment or MEMORANDUM: 18 LUPB Public Hearing July 28, 2014 Page 2 produce high volumes of traffic, and to preserve features with historic, cultural or educational significance." The regulations also implemented policies contained in the Valley Studies Program Land Use Study (1981) and Green River Corridor Plan (1980). DISCUSSION: Zoning district regulations, the Shoreline Master Program, and the Green River Corridor District standards each contain building height regulations. These regulations overlap and create an opportunity for simplification. The Shoreline Master Program applies only to development within 200 feet of the Green River and limits building heights within this zone to 35 feet, if views are impacted. The Green River Corridor District effectively extends this height limitation out to 1,000 feet from the river. Zoning district development standards also apply to riverside lands, and contain height limitations that vary by zoning district. Most of the zoning districts located within the Green River corridor imposes similar restrictions. Only one zone, GC-MU, allows basic building heights over 40 feet. The table below compares the various height standards. Regulations Basic Building Height Limit Shoreline Master 35 feet Program (200 ft.) Green River 35 feet Corridor (1,000 ft. Zoning Code, by zoning district: A-10 35 feet AG 35 feet** CM-2 35 feet* GC 35 feet* GC-MU 65 feet* M1 35 feet** M2 35 feet** MA 35 feet** MHP N/A MR-G 40 feet MR-M 40 feet SR-1 35 feet SR-8 30 feet * One additional story may be granted by the Planning Director. Additional stories beyond that may be granted by the Land Use & Planning Board. ** Additional height up to 4 stories or 60 feet may be granted with one additional foot of yard for each one additional foot of height. One additional story may be granted by the Planning Director. Additional stories beyond that may be granted by the Land Use & Planning Board. MEMORANDUM: 19 LUPB Public Hearing July 28, 2014 Page 3 As for building length, the Green River Corridor District regulations restrict buildings within the corridor to no more than 200 feet in length. However, buildings located in several industrial zones are allowed to exceed 200 feet in length if vegetative screening is provided. As development intensity in commercial zones is similar to that in industrial zones, also exempting GC-MU (the only commercial zone in the corridor) from this building length standard is logical. The Shoreline Master Program already requires a 15 foot landscape buffer between new buildings or parking lots and the Green River Trail. Furthermore, developments in the GC-MU zoning district must comply with design guidelines, which address blank walls. Staff will present four options for the Board's consideration: Option 1: Eliminate Green River Corridor District heiaht restriction; add GC- MU to building length exception • Resolves inconsistency with DSAP • Avoids duplication with Zoning Code and Shoreline Master Program (SMP) • Height within 200 feet of river will still be limited to 35 feet by SMP if views are impacted • Zoning Code will limit basic building height to 35 or 40 feet, except GC-MU, which is 65 feet • Buildings in GC-MU, M1, M2, M3, MA and M1-C could have walls over 200 feet in length if screened with plantings Option 2: Retain Green River Corridor District height limit except GC-MU; add GC-MU to building length exception • Resolves inconsistency with DSAP • Duplication with Zoning Code and SMP remains in zones other than GC-MU • Buildings in GC-MU, M1, M2, M3, MA and M1-C could have walls over 200 feet in length if screened with plantings Option 3: Retain Green River Corridor District height limit except GC-MU; no change to building length exception • Resolves inconsistency with DSAP • Duplication with Zoning Code and SMP remains in zones other than GC-MU • Buildings in M1, M2, M3, MA and M1-C could have walls over 200 feet in length if screened with plantings • Buildings in GC-MU could not exceed 200 feet in length Option 4: No action • Inconsistency with DSAP remains • Duplication with Zoning Code and SMP remains • All buildings within 1,000 feet of the river would continue to be limited to 35 feet in height • Buildings in M1, M2, M3, MA and M1-C could have walls over 200 feet in length if screened with plantings • Buildings in GC-MU could not exceed 200 feet in length RECOMMENDATION: Staff recommends Option 1, eliminating the Green River Corridor District height limitation and adding GC-MU to the building length MEMORANDUM: 20 LUPB Public Hearing July 28, 2014 Page 4 exception. Given the zoning and shoreline height restrictions already in place and the recent adoption of the DSAP, maintaining the 35-foot limitation in areas up to 1,000 feet from the Green River is no longer appropriate. Also, in light of shoreline landscape requirements and design guidelines, amending the building length exception to include GC-MU is logical. EG:pm\S:\Permit\Plan\ZONING_CODE AMENDMENTS\2014\ZCA-2014-3GreenRiverCorridorDist\LUPB\07-28-14 HeanngaaffRpt doc Enc: Attach 1- Green River Corridor Map cc: Ben Wolters, Economic and Community Development Director Charlene Anderson,AICP, Planning Manager David Galazin,Assistant City Attorney Project File ZCA-2014-3 ATTACHMENT f. Legend �� f Green River Corridor i ��•��• City Limits � lrU''u r a V IIIIII°1;,GWi r �n �s e� r e iA ri ,f V zz Planning ServiceS3 Location: 400 W. Gowe • Mail to: 220 41"Avenue South • Kent WA 98032-5895 Permit Center(253-856-5302 FAX: (253) 856-6412 www.c i.kent.wa.us/perm itcenter WASHINGTON Environmental Checklist Application For Public Notice Board and Application Fee...See Fee Schedule TO BE COMPLETED'BY STAFF: - -y p APPLICATION #: FgQ - 2019" ZZ KIVA#: Z)18 �C�6u RECEIVED BY: �� DATE: S 3a H PROCESSING FEE: A. STAFF REVIEW DETERMINED THAT PROJECT: / Meets the categorically exempt criteria. v Has no probable significant adverse _environmental impact(s) and application should be processed without further consideration of environmental effects. Has probable, significant impact(s) that can be mitigated through conditions. EIS not necessary. Has 'probable, significant adverse environmental impact(s). An Environmental Impact Statement will be prepared. An Environmental Impact Statement for this project has already been prepared. Signature of Responsible Official Date B. COMMENTS: C TYPE OF PERMIT OR ACTION REQUESTED: Comprehensive Plan map amendment zoning map amend mentproperty sale zoning code amendment,., 24 City of Kent Planning Services Environmental Checklist— Page 2 TO BE COMPLETED BY APPLICANT: A. BACKGROUND INFORMATION: "1." ` ' Name of Project: Riverbend Surplus Property sale 2. Name of Applicant: Kurt Hanson, Economic Development Manager Mailing Address: 400 W Gowe Kent WA 98032 Contact Person: Kurt Hanson, Economic Development Manager Telephone: 253.856.5454 (Note that all correspondence will be mailed to the applicant listed above.) 3. Applicant is (owner, agent, other): agent 4. Name of Legal Owner: City of Kent Parks and Community Services Department Telephone: 253.856.5100 Mailing Address: 400 W Gowe Kent WA 98032 5. Location. Give general location of proposed project (street address, nearest intersection of streets and section, township and range). The subject property is a 35 acre portion of Kent's Riverbend Golf Complex located at 2030 West Meeker Street in the SW quarter of section 23, township 22 range 4. This site includes the Riverbend golf driving range, mini-golf course and an 18 hole par-3 course. The par-3 portion of the site, which will be marketed for sale, is known as the Riverbend Surplus Property, a 24 acre area located on the western portion of the Riverbend Golf Complex parcel. Proposed amendments to Kent's zoning code will affectother properties in the city located along the banks of the Green River. 6. Legal description and tax identification number a. Legal description (if lengthy, attach as separate sheet): PORTIONS GOUT LOTS 4 & 5 IN SW QTR STIR 23-22-04 AND PORTION SE QTR NW QTR SD SEC 23 ALL LYING SLY OF STATE HWY NO 5-A & WLY OF JOHN DOWNEY RD NO 722 (54TH PLACE S) EXC PORTION THEREOF PLATTED AS COLONY PARK CONDO (VOL 31, 'PG 57) & EXC PORTION THEREOF DAF:' BEG ON CENTERLINE'SECONDARY ST HWY NO 5-A AT ENGINEER'S STATION 163+00 BACK= 163+48.2''AHEAD AS SHOWN ON STATE HWY MAP REVISED 19 MARCH 1957 `TH N63-53-30EI ALONG CENTERLINE OF SD HIGHWAY 549.68 FT TH S14-51-10E 301.01 FT TH S75- 08-50W 60.00 FT TH S14-51-10E 119.73 FT TO TPOB TH'CONTG S14'-51- 25 City of Kent Planning Services ' Environmental Checklist— Page 3 10E 166.14 FT TH N06-23-25E 55.20 FT TH N14-51-10W 76.19 FT TH N42-18- 10W '43.39JFT TO TPOB (AS DELINEATEDPER CITY OF=-KENT LOT LINE ADJUSTMENT NO LL'-94-29 RECORDING NO 9502160277) b. Tax identification number: 2322049011 7. Existing conditions: Give a general description of the property and existing improvements,size, topography, vegetation, soil, drainage, Natural features, etc. (if necessary, attach a separate sheet). This checklist contemplates zoning and comprehensive plan map changes, as well as future short platting that will affect tax parcel 2322049011 (the Riverbend Golf site) as well as zoning code changes that will affect all riverfront properties along the Green River in Kent. The Riverbend Golf site is developed with a golf driving range, a miniature golf course, and an 18 hole par-3 golf course all owned and operated by the City of Kent Parks Department. A two acre area on the east side of the site part of the Riverbend Golf site, but is currently unused. The Riverbend Surplus Property is the par-3 portion of the larger Riverbend Golf site and is approximately 24 acres in area. This site is the area contemplated for sale, rezone and comprehensive plan map change. The Riverbend Surplus Property is generally flat, except along the sloped banks of the Green River,which runs along the south and west borders of the site.A portion of the Green River Trail is located on the site, adjacent to the riverbank. Vegetation in this area is primarily golf course turf with interspersed ornamental evergreen and deciduous trees. Soils on the site are primarily Ur, Urban Land. 8. Site Area: Riverbend Golf site 35 acres; Riverbend Surplus Property 24 acres Site Dimensions: Riverbend Golf site approx.. 2,096 feet x 696 feet Riverbend Surplus Property approx.. 1,350 feet x 675 feet 9. Project description: Give a brief, complete description of the intended use of the property or project including all proposed uses, days and hours of operation and the size of the project and site. (Attach site plans as described in the instructions): On April 14, 2014 the Economic and Community Development Committee of the Kent City Council directed staff to begin developing changes to the City's zoning and Comprehensive plans necessary to entitle the Riverbend Surplus Property for sale and future development. On May 6th 2014, the Kent City Council passed an emergency resolution (Res. 1883)authorizing update of the City's Comprehensive Plan outside of the standard annual update. Per this direction, the City of Kent is considering marketing for sale a portion of its Riverbend ` 26 City of Kent Planning Services Environmental Checklist— Page 4 Golf Complex, referred to as the Riverbend Surplus Property.The Riverbend Surplus Property is an approximately 24 acre portion of tax parcel 2322049011, located at 2030 West Meeker Street and is the current site of the City's Par-3 golf course. Prior to sale of the property, the City Council is considering rezoning the Riverbend Surplus Property from its current designation of SR-1, Single Family to MCR, Midway Commercial Residential. In association with the contemplated rezone, the City Council is considering an amendment to the Comprehensive Plan Land Use Map that will change the designation of the Riverbend Surplus Property from OS, Open Space to MU, Mixed Use. The City Council is also considering amendments to the zoning code that would remove building height and wall length limitations from section Kent City Code 15,08.260 Green River Corridor District'regulations. Height regulations and building aesthetics regulations are found in other parts of the zoning code and design standards. Additionally, the City Council is contemplating an amendment to the zoning code section 15,09.045 that would require Midway Design Review on all MCR zoned properties. This would change the current requirement which only callsfor Midway Design Reviewon properties zoned MCR, MTC-1 and MTC-2 and designated TOC on the City's Comprehensive Plan Land Use map. Finally, priorto sale of the property,the City is contemplating a short subdivision of the entire Riverbend Golf site (parcel 2322049011) into 8 separate lots and a tract for the Green River Trail.The Riverbend Surplus Property is part of this larger parcel, which also includes a golf driving range, mini-golf course, associated parking and two acres of unused land. These other areas are not part of the contemplated sale or rezone. The larger site may also be affected by related zoning code amendments being contemplated by the City Council. 10. Schedule: Describe the timing or schedule(include phasing and construction dates, if possible). Consideration of zoning and comprehensive plan map amendments as well as zoning code amendments is expected to occur during the summer of 2014. A short plat of the property will likely be processed by the City of Kent during the fall and winter of 2014/2015. 11. Future Plans: Do you have any plans for future additions, expansion or further activity related to or connected with this proposal? If yes, explain. The City of Kent plans to issue a request for development proposals in the summer/fall of 2014 then enter into purchase and sale negotiations with the selected developer. The City expects that the new owner will propose development consistent with the updated zoning of the site. In order to ensure appropriate mitigation for actual,development impacts, the City expects that additional environmental analysis will be required prior to approval of site development permits. 12. Permits/Approvals: List all permits or approvals for this project from local,state,federal,or other agencies for which you have applied or will apply as required for your proposal. 27 City of Kent Planning Services Environmental Checklist—Page 5 DATE AGENCY PERMIT TYPE SUBMITTED* NUMBER STATUS** *Leave blank if not submitted **Approved, denied or pending 13. Environmental Information: List any environmental information you know about that has been prepared, or will be prepared, directly related to this proposal. 2008 City of Kent Transportation Master Plan, 14. Do you know whether applications are pending for governmental approvals of other proposals directly affecting the property covered by your proposal? If yes, explain. None are currently known. i il' 28 City of Kent Planning Services EVALUATION FOR Environmental Checklist— Page 6 AGENCY USE ONLY B. ENVIRONMENTAL ELEMENTS 1. Earth a. General description of the site (circle one) Flat, rolling, hilly, steep slopes, mountainous, other: The subject site is generally flat. Slopes of up to about 30%are located along the banks of the Green River. b. What is the steepest slope on the site (approximate percent slope)? Approximately 30%, located along the riverbank, between the OHWM of the Green River, and the Green River Trail. c. What general types of soils are found on the site (for example, clay, sand, gravel, peat, muck)? If you know the classification of agricultural soils, specify them and note any prime farmland. According to the USDA Web Soil Survey, soils on the Riverbend site are primarily Ur, Urban Land d. Are there surface indications or history of unstable soils in the immediate vicinity? If so, describe. No. e. Describe the purpose, type and approximate quantities of any filling or grading proposed. Indicate source of fill. No ground disturbing activities are currently proposed. Any future impacts will be analyzed prior to issuance of development permits. f. Could erosion occur as a result of clearing, construction, or use? If so, generally describe. No ground disturbing activities are currently proposed. Any future impacts will be analyzed prior to issuance of development permits. g. About what percent of the site will be covered with impervious surfaces after project construction (for example, asphalt or buildings)? No ground disturbing activities are currently proposed. Any future impacts will be analyzed prior to issuance of development permits. 29 City of Kent Planning Services EVALUATION-FOR Environmental Checklist— Page 7 AGENCY USE ONLY The MCR zoning district allows up to 80% building coverage, and does not include an impervious surface limitation. The City of Kent Surface Water Design Manual requires that stormwater quality and quantity control provisions be included with any development project. Future development will be subject to the requirements of this manual. h. Proposed measures to reduce or control erosion, or other impacts to the earth, if any. N/A 2. Air a. What types of emissions to the air would result from the proposal (i.e., dust, automobile, odors, and industrial wood smoke)during construction and when the project is completed? If any, generally describe and give approximate quantities if known. No emissions to the air are contemplated at this time. Any future emissions will be analyzed prior to issuance of development permits. b. Are there any off-site sources of emissions or odor that may affect your proposal? If so, generally describe. No emissions to the air are contemplated at this time. Any future emissions will be analyzed prior to issuance of development permits. c. Proposed measures to reduce or control emissions or other impacts to air, if any. NIA 3. Water a. Surface: 1) Is there any surface water.body on or in the immediate vicinity of the site (including year-round and seasonal streams, saltwater, lakes, ponds, wetlands)? If yes, describe type and provide names. If appropriate, state what stream or river it flows into. Yes. The Green River is a 93 mile long fresh water river that borders the western and southern edges of the site, portions of which are within the 200' jurisdictional area of the City of Kent Shoreline Master Program. The Green River is a salmonid bearing river that conveys water from the Crystal Mountain area to the Duwamish River and into Puget Sound. Flows range from summer lows near 300 CFS up i- 30 City of Kent Planning Services EVALUATION FOR Environmental Checklist— Page 8 AGENCY USE ONLY to 100-year flows at the project site near 12,000 CFS. The peaks of flood events up to the 100-year event are all.softened by operation of the Howard Hanson flood control dam near river mile 64. Historic flows in the Green River prior to construction of the dam in 1964 and rerouting of the tributary White River in the early 1900's were substantially higher. 2) Will the project require any work over, in or adjacent to (within 200 feet) the described waters? If yes, please describe and attach available plans. No ground disturbing or other water impacting work is currently contemplated. Any future development proposal will be required to analyze and mitigate for water related impacts prior to the issuance of development permits. Future development of the site will likely include work within 260 feet of the Green River,which will require a Shoreline Substantial Development Permit and compliance with the City's Shoreline Master Program. 3) Estimate the amount of fill and dredge material that would be placed in or removed from surface water or wetlands and indicate the area of the site that would be affected. Indicate the source of fill material. No ground disturbing or other water impacting work is currently contemplated. Any future development proposal will be required to analyze and mitigate for water related impacts prior to the issuance of development permits. 4) Will the proposal require surface water withdrawals or diversions? Give general description, purpose, and approximate quantities,if known. No ground disturbing or other water impacting work is currently contemplated. Any future development proposal will be required, to analyze and mitigate for water related impacts prior to the issuance of development permits. No surface water withdrawals or diversions are anticipated with future development. 5) Does the proposal lie within a 100-year floodplain? If so, note location on the site plan. No, per the 1995 FIRM. 6) Does the proposal involve any discharges of waste materials to surface waters? If so, describe the type of waste and anticipated 31 City of Kent Planning Services EVALUATION FOR Environmental Checklist— Page 9 AGENCY USE ONLY volume of discharge. No ground disturbing or other water impacting work is currently contemplated. Any future development proposal will be required to analyze and mitigate for water related impacts prior to the issuance of development permits. No discharge of waste materials is anticipated with future development as City Codes would prohibit such discharge. b. Ground: 1) Will ground water be withdrawn, or will water be discharged to ground water? Give general description, purpose, and approximate quantities, if known. No ground disturbing or other water impacting work is currently contemplated. Any future development proposal will be required to analyze and mitigate for water related impacts prior to the issuance of development permits. No groundwater withdrawals or discharges are anticipated with future development. 2) Describe waste material that will be discharged into the ground from septic tanks or other sources, if any (for example: domestic sewage; industrial, containing the following chemicals...; agricultural; etc.). Describe the general size of the system, the number of such systems, the number of houses to be served (if applicable), or the number of animals or humans the system(s) are expected to serve. No ground disturbing or other water impacting work is currently contemplated. Any future development proposal will be required to analyze and mitigate for water related impacts prior to the issuance of development permits. Future development will connect to the City's sanitary sewer system. c. Water Runoff(including storm water): 1) Describe the source of runoff(including storm water)and method of collection and disposal, if any (include quantities, if known). Where will this water flow? Will this water flow into other waters? If so, describe. No ground disturbing or other water impacting work is currently contemplated. Any future development proposal will be required City of Kent Planning Services EVALUATION FOR 32 Environmental Checklist— Page 10 AGENCY USE ONLY to analyze and mitigate for water related impacts prior to the issuance of development permits. Future development will generate stormwater runoff from new buildings and pavement. The City of Kent Surface Water Design Manual requires that stormwater quality and quantity control provisions be included with any site development. The requirements of this manual will be applied at the time of development plan review and will be part of any development project. 2) Could waste materials enter ground or surface waters? If so, generally describe. No ground disturbing or other water impacting work is currently contemplated. Any future development proposal will be required to analyze and mitigate for water related impacts prior to the issuance of development permits. As city codes require connection to the public stormwater sewer system, no such discharges are anticipated. d. Proposed measures to reduce or control surface,ground,and runoff water impacts, if any: N/A. No ground disturbing or other water impacting work is currently contemplated. Any future development proposal will be required to analyze and mitigate for water related impacts prior to the issuance of development permits: 4. Plants a. Check or circle types of vegetation found on the site: _x_Deciduous tree: alder, maple aspen, other _x_Evergreen tree: fir, cedar, pine, other Shrubs _x_Grass Pasture Crop or grain Wet soil plants: cattail, buttercup, bulrush, skunk cabbage, other 33 City of Kent Planning Services EVALUATION FOR Environmental Checklist— Page 11 AGENCY USE ONLY Water plants: water lily, eelgrass, milfoil, other Other types of vegetation b. What kind and amount of vegetation will be removed or altered? No removal of vegetation is currently contemplated. Future development will impact existing plants and will be analyzed during development permit review. c. List threatened or endangered species known to be on or near the site. No known listed plant species are known to exist within the project boundaries. d. Proposed landscaping, use of native plants, or other measures to preserve or enhance vegetation on the site, if any: No disturbance to existing plants is currently proposed. Kent's zoning code requires landscaping for new development projects, and will apply to any future development project. S. Animals a. Circle any birds and animals which have been observed on or near the site or are known to be on or near the site: Birds: hawk, heron, eagle, songbirds, other: Mammals: deer, bear, elk, beaver, other: rabbit, sguirrle Fish: bass, salmon, trout, herring, shellfish, other: b. List any threatened or endangered species known to be on or near the site: Threatened Chinook (Onchorynchus tschawyscha), steelhead (O. mykiss) and (possibly) bull trout (Salvelinus confluentus) may be found in the Green River adjacent to the project site. There is a known bald eagle nest located approximately 1 mile away from the project site, though this species has now been delisted. c. Is the site part of a migration route? If so, explain. Yes — Many species of anadromous salmon including those mentioned above as well as coho, pink and chum use the Green . 34 City of Kent Planning Services ( ( EVALUATION FOR Environmental Checklist— Page 12 AGENCY USE ONLY River as a migration corridor. The Green River is also a major pathway within the Pacific Flyway migratory bird route. d. Proposed measures to preserve or enhance wildlife, if any: No wildlife disturbing activities are currently proposed. Future development within 200 feet of the Green River will be subject to the provisions of the Kent's Shoreline Master Program, which requires shoreline restoration planting where feasible, as well as zoning code standards, which will require landscaping throughout the site. All site development will be subject to the City's stormwater quality and quantity control requirements and best-management practice requirements. 6. Energy and Natural Resources a. What kinds of energy(electric, natural gas, oil, wood stove, solar)will be used to meet the completed project's energy needs? Describe whether it will be used for heating, manufacturing, etc. N/A. No development is currently proposed. Future development under the MCR zoning designation could include a mix of uses that would use energy for a range of commercial, office and/or residential uses. c. Would your project affect the potential use of solar energy by adjacent properties? If so, generally describe. N/A d. What kinds of energy conservation features are included in the plans of this proposal? List other proposed measures to reduce or control energy impacts, if any: N/A 7. Environmental Health a. Are there any environmental health hazards, including exposure to toxic chemicals, risk of fire and explosion,spill, or hazardous waste,that could occur as a result of this proposal? If so, describe. The entire City of Kent is located within the Department of Ecology's Tacoma Smelter Plume study area. Based on the map at https://fortress.wa.gov/ecyNmeltersearch/ the site is located within an area where arsenic levels were detected at a rate of less than 20 parts per million. DOE recommends soil testing in areas where arsenic levels have been detected at more than 20 parts per million. 35 City of Kent Planning Services EVALUATION FOR Environmental Checklist— Page 13 AGENCY USE ONLY 1) Describe special emergency services that might be required. The site is served by the Kent Regional Fire Authority and the Kent Police Department. Impacts to these services will be considered at the time of development plan review. 2) Proposed measures to reduce or control environmental health hazards, if any: N/A b. Noise 1) What types of noise exist in the area which may affect your project (for example: traffic, equipment operation, other)? Noise from vehicles travelling along West Meeker Street and WA 516/Kent Des-Moines Road (located across the Green River from the site) may impact future development at the Riverbend Surplus site. 2) What types and levels of noise would be created by or associated with the project on a short-term or a long-term basis(for example: traffic, construction, operation, other)? Indicate what hours noise would come from the site. NIA. Noise impacts will be considered at the time of development plan review. 3) Proposed measures to reduce or control noise impacts, if any: N/A B. Land and Shoreline Use a. What is the current use of the site and adjacent properties? The Riverbend Golf site is developed with a golf driving range, a miniature golf course, and an 18 hole par-3 golf course.A two acre area on the east side of the site is vacant. Parcels that will be affected by contemplated zoning code amendments are located within the Green River Corridor District, which is defined in KCC 15.08.260 as: Two (2) strips of land each eight hundred (800) feet in width l,. 36 City of Kent Planning Services EVALUATION FOR Environmental Checklist— Page 14 AGENCY USE ONLY which begin at the north city limit line, on March 4, 1985, and end at the south city limit line, which south line ends in Section 30, Township 22 North, Range 5 East, W.M. Each strip shall be measured from each side of the Green River and the measurement shall be two hundred (200) feet from the ordinary high-waterline of the river, all in King County, Washington;except any portions thereof lying outside of the city limits. Various uses are located on parcels within the Green River Corridor District, in accordance with the land use limitations of the various zoning districts. These districts include A-10,Agricultural; AG Agricultural/General; CM-2, Commercial Manufacturing; GC, General Commercial; GC-MU, General Commercial/Mixed Use; M1, Industrial Park; M2, Limited Industrial; MA, Industrial Agricultural; MHP, Mobile Home Park; MR-G, Garden Density Multifamily; MR-M, Medium Density Multifamily; SR-1, Residential Agriculture; SR-8, Single Family; O, Office. Land to the north of the Riverbend Golf site is also part of the larger Riverbend Golf Complex, and is used as the standard 18 hole golf course. Land to the south, across the Green River is ,vacant, owned by King County. Other land to the south will be used for the planned Downey Farmstead salmon habitat restoration project, which is planned for construction in the spring of 2015. The 16 acre site east of the Riverbend Golf site is developed as a garden-style apartment complex. The City's Old Fishing Hole Park is located to the west of the site, across the Green River. The Colony Park Apartments, a 24 unit development in two buildings are located on a parcel that is surrounded by the Riverbend Golf site. The apartments are allowed access to W. Meeker Street via an easement over the Riverbend Golf site. b. Has the site been used for agriculture? If so, describe. The par-3 golf course and driving range were constructed with the Colony Park apartments in 1968. Prior to that time, the site was used for agriculture. Various properties within the Green River Corridor District are used for agriculture, primarily along the left bank of the river. c. Describe any structures on the site. Structures located on the Riverbend Golf site include an approximately 2,100 square foot pro-shop/club house building for the min-golf course and driving range, a shelter and netting poles for the driving range itself and an approximately 1,800 square foot clubhouse for the par-3 golf course. A 92 stall parking lot is also located near the driving range and mini-golf course. 37 City of Kent Planning Services EVALUATION FOR Environmental Checklist— Page 15 AGENCY USE ONLY d. Will any structures be demolished? If so, what? No buildings are currently proposed to be removed. However, future development will likely include removal of the par-3 clubhouse building. Numerous buildings are located within the Green River Corridor District, which includes all land within 1000 feet of the Green River, as it winds approximately 20 miles through Kent. e. What is the current zoning classification of the site? The western portion of the Riverbend Golf site is currently zoned SR-1, Residential Agriculture, and the eastern portion is zoned MR-M, Medium Density Multifamily. Various zoning districts are located within the Green River Corridor district. Kent City Code 15.04 includes development standards for each district,which include building height limitations. These limitations vary by zoning district. f. What is the current comprehensive plan designation of the site? The western portion of the Riverbend Golf site is currently designated OS, Open Space on the City's Comprehensive Plan Map, while the eastern portion is designated MDMF, Medium Density Multi-Family. g. If applicable, what is the current shoreline master program designation of the site? The Riverbend Golf site is designated Urban Conservancy-Open Space Properties located within the Green River Corridor District are designated High Intensity, Shoreline Residential, Urban Conservancy-Low Intensity and Urban Conservancy-Open Space. h. Has any part of the site been classified as an "environmentally sensitive" area? If so, specify. The Green River is a shoreline of state-wide significance located along the western and southern sides of the Riverbend Golf site, and within 1000 feet of all properties in the Green River Corridor District. No other sensitive areas have been identified on the Riverbend Golf site. Various stream, wetland and steep slope areas are located within the Green River Corridor District and are subject to Kent's Critical Area regulations. l 38 City of Kent Planning Services EVALUATION FOR Environmental Checklist— Page 16 AGENCY USE ONLY i. Approximately how many people would reside or work in the completed project? No project is currently proposed. However, the City Council is contemplating rezoning the Riverbend Surplus Property to MCR , Midway Commercial Residential. This zoning district allows multi-family townhomes and apartments, which would likely be part of a future redevelopment. Since the MCR zone also allows a number commercial uses in addition to multifamily residential,the precise mix of uses that will be part of future site development is difficult to know, and development scenarios could vary widely. Because of this uncertainty, additional environmental analysis will be required at the time a development proposal is submitted. For the purpose of the current analysis, Kent is relying on its recently completed portion of the forthcoming 2012 King County Buildable Lands Study which indicates that MCR zoned land is likely to build out with a mix of about 70%devoted to residential use and 30%devoted to commercial use. More detail on the housing build-out assumptions is included in section 9, below. HOUSING 2013 OFM estimates for Kent indicate that an average of 2.3 people reside in each unit in multifamily residential developments that include five units or more. Based on the assumptions in section 9, which assumes that 1,569 units will be built at this site, it is reasonable to expect that as many as 3,470 people might reside at this site if it is developed to MCR standards. JOBS A range of commercial uses are allowed in the MCR zoning district,these include hotels, grocery and drug stores, bulk retail stores,restaurants and bars, personal service shops, medical offices/facilities, business/professional offices, etc.A future development proposal could contain any mix of these uses (and others), in addition to residential uses. Again, following Kent's assumptions in its contribution to the King County Buildable Lands Study, 30% of the buildable land at the Riverbend Surplus Property is likely to be devoted to commercial use. Under the MCR zone, this area is about 5.5 acres, Since actual development scenarios may vary widely, for the purpose of _ this analysis, Kent is assuming that 300,000 square feet of office space and 100,000 square feet of retail shopping center might be located at the Riverbend Surplus site. Under this scenario, assuming job per 250 square feet of office space and 1 job per 500 square feet of retail space, approximately 1,200 office jobs and 200 retail jobs are likely to be located at the Riverbend Surplus site, if the zoning is changed to MCR. 39 City of Kent Planning Services EVALUATION FOR Environmental Checklist— Page 17 AGENCY USE ONLY j. Approximately how many people would the completed project displace? None. k. Proposed measures to avoid or reduce displacement impacts, if any: NIA I. Proposed measures to ensure the proposal is compatible with existing and projected land uses and plans, if any. N/A 9. Housing a. Approximately how many units would be provided, if any? Indicate whether high, middle, or low income housing. Approximately 1,509 housing units are likely to be located on the Riverbend Surplus Site. This conclusion rests on the following assumptions: 18.5 acres will be available for building at this site. This is based on the MCR zone allowing only 80% of the site to be occupied by building footprint. 1.) 70%of the buildable area on this site will be devoted to residential development and 30% to 'commercial development. This assumption is consistent with Kent's recently submitted portion of the forthcoming 2012 King County Buildable Lands Study,which reviewed likely development patterns for land in various zoning districts, including MCR. This yields approximately 12.85 acres residential land and 5.5 acres of commercial land. 2.) Residential buildings that will eventually be proposed on this site are likely to be similar to The Platform building, an apartment building currently under construction in Kent's downtown core. 3.) The floor-area-ratio (FAR)of The Platform project is 2.21,and the average unit is 820 square feet. 4.) Applying a 2.21 FAR to the 12.85 acres of the Riverbend Surplus Site likely to be developed with multi-family residential, at 820 square feet per unit yields 1,509 new multifamily units. 40 City of Kent Planning Services EVALUATION FOR Environmental Checklist— Page 18 AGENCY USE ONLY b. Approximately how many units, if any, would be eliminated? Indicate whether high, middle, or low income housing. None c. Proposed measures to reduce or control housing impacts, if any. N/A 10. Aesthetics a. What is the tallest height of any proposed structure(s), not including antennas; what is the principal exterior building material(s) proposed? No buildings are currently proposed at the Riverbend Surplus Property. All future proposed buildings will be subject to development standards found in the zoning code. These standards address elements such as setbacks, building height, maximum site coverage, etc. Also, the City Council is considering a change to the zoning code that will require Midway Design Review for development on all MCR, MTC-1 and MTC-2 parcels in the City. The Green River Corridor district was created by the Kent City Council in 1985 to provide additional protection to an 800 foot wide swath of land adjacent to the Green River beyond the 200 foot shoreline management zone. The regulations were to protect the area from land uses with adverse impacts, to preserve land features with historic cultural or educational significance and to ensure that urban development within this area was compatible with the open configuration of the Green River and its adjacent lands. The original development regulations have been relaxed on multiple occasions when the City Council found that the intent of the regulations had been met and that flexibility in design was desirable. The City Council is now considering amendments the Green River Corridor district regulations that would remove the 35 foot height limitation from these standards. Currently zoning district development regulations, the Shoreline Master Program, and the Green River Corridor District standards contain building height regulations. These regulations overlap and create an opportunity to consider simplification. The Shoreline Master Program applies only to development within 200 feet of the Green River and limits building heights within this 'zone to 35 feet. The Green River Corridor District effectively extends this height limitation out to 1,000 feet from the river. Zoning district development standards also apply to riverside lands, and contain height limitations that vary by zoning district. Most of the zoning districts located within the Green River corridor impose similar building height restrictions. Only one zone, GC-MU allows 41 City of Kent Planning Services EVALUATION FOR Environmental Checklist— Page 19 AGENCY USE ONLY building heights over 40 feet. The Riverbend Surplus Property is located within the Green River Corridor district. ° The contemplated zoning for this site is MCR, Midway Commercial Residential, which allows building heights up to 16 stoiries/200 feet. The table below compares the various height standards. Zoning Code, by zoning district: A-10 35 feet AG 35 feet CM-2 35 feet GC 35 feet GC-MU 65 feet M1 35 feet M2 35 feet MA 35 feet MCR 200 feet MHP N/A MR-G 40 feet MR-M 40 feet SR-1 35 feet SR-8 30 feet O 40 feet The proposed MCR designation for the Riverbend Surplus Property allows building heights up to 16 stories/200 feet. However, if future development resembles recent development in the Kent area, 5-6 stories is the tallest building likely to be proposed. Buildings proposed within the 200 foot shoreline jurisdictional area will continue to be limited to 35 feet in height b. What views in the immediate vicinity would be altered or obstructed? The Green River is located along thewestern and southern boundaries of the site. An opportunity will exist for future development to take advantage of these views. Potential view impacts to surrounding properties will be considered at the time of development plan review. c. Proposed measures to reduce or control aesthetic impacts, if any. The City Council is contemplating revisions that would require any development of the Riverbend Surplus Property to comply with Midway Design Review Guidelines. The purpose of the Midway Design Guidelines is to establish a flexible framework of design options for creating interesting and high quality commercial, multi-family residential 42 City of Kent Planning Services EVALUATION FOR Environmental Checklist— Page 20 AGENCY USE ONLY and public projects. While these guidelines were developed for redevelopment projects in the City's Midway area, they reflect the 21 st century architectural standards, promote unique,walkable development. These guidelines require that new development address a range of aesthetic elements and specifically require reduction of the height, bulk and scale of new structures as needed to mitigate adverse impacts to adjoining public amenities, including sidewalks, parks, and open space and to achieve an acceptable level of compatibility. This site specific approach to analyzing the impacts of building height, with sensitivity to adjacent uses such as the Green River provides design flexibility and environmental protection as appropriate for each proposal. The impact of removing the 35 foot height limitation from the Green River Corridor district regulations would be mitigated by zoning district height standards, which would continue to apply. 11. Light and Glare a. What type of light or glare will the proposals produce? What time of day would it mainly occur? This is currently unknown as no development is proposed at this time. Light and glare impacts will be considered at the time of development plan review. b. Could light or glare from the finished project be a safety hazard or interfere with views? Unknown at this time. c. What existing off-site sources of light or glare may affect your proposal? The Russell Road Sports Complex is located about'/mile to the north of the Riverbend Surplus site. Baseball and softball field lights from this facility may impact future development. d. Proposed measures to reduce or control light and glare impacts, if any. NIA 12. Recreation a. What designated and informal recreational opportunities are in the immediate vicinity? The Green River Trail is located around the southern and western edge of the site; the Riverbend par-3 course is currently located on the 43 City of Kent Planning Services EVALUATION FOR Environmental Checklist— Page 21 AGENCY USE ONLY Riverbend Surplus site; the 18 hole Riverbend Golf course is located north of the site along West Meeker Street; Riverbend golf driving range and mini-golf are immediately east of the Riverbend Surplus Site. b. Would the proposed project displace any existing recreational uses? If so, describe. The contemplated actions will allow for redevelopment of the Riverbend Surplus Site that will displace the 24 acre, 18 hole par-3 golf course. This golf course is operated by the City and supports the goal of providing golf opportunities for all ages and ability levels at the Riverbend Golf Complex. Par-3 golf courses feature shorter fairways that are well suited to young or beginning golfers as well senior golfers. These classes of golfers are the primary users of the course. c. Proposed measures to reduce or control impacts on recreation, including recreation opportunities to be provided by the project or applicant, if any. " Displacement of the Par-3 course will cause a loss of recreational golf opportunities that the City plans to mitigate by two means. First, by developing a golf training facility on the vacant two acre area next to the driving range, the City will provide beginner and junior golfers with enhanced instructional facilities. Though specific plans have not been developed, this area will include a couple of short holes. Also, forward-tee boxes will be added to the standard 18 hole Riverbend course. These forward tee-boxes will provide beginning, younger and senior golfers with the opportunity to play shortened holes, in a manner similar to the existing par-3 course. 13. Historic and Cultural Preservation a. Are there any places or objects listed on, or proposed for, national, state or local preservation registers known to be on or next to the site? If so, generally describe. None are known. According to the Washington State Department of Archaeology & Historic Preservation's online database at hftps://fortress.wa.gov/dahp/wisaard/, no places or objects associated with the Riverbend Golf site are identified. b. Generally describe any landmarks orevidence of historic, archaeological, scientific, or cultural importance known to be on or next to the site. None are known. c. Proposed measures to reduce or control impacts, if any. 44 City of Kent Planning Services ( EVALUATION FOR Environmental Checklist— Page 22 AGENCY USE ONLY During future development activities, should archaeological materials (e.g, bones, shell, stone tools, beads, ceramics, old bottles, hearths, etc.) or human remains be observed during project activities, all work in the immediate vicinity will stop to allow for consultation with state and tribal archaeological officials. 14. Transportation a. Identify public streets and highways serving the site, and describe proposed access to the existing street system. Show on site plans, if any. West Meeker Street is a located along the northern border of the Riverbend Golf site.This road is classified as a minor arterial in the City's Transportation Master Plan., Russell Road South is located on the eastern boundary of the site, and is classified as a local street. There are currently two driveways along West Meeker Street and no access points on Russell Road South. Future site development will likely include additional and/or relocated driveway access points. d. Is site currently served by public transit? If not, what is the approximate distance to the nearest transit stop? Metro bus routes 158, 159, 166 and 183 currently serve the site via a bus stop located on the south side of West Meeker Street near the Riverbend driving range. e. How many parking spaces would the completed project have? How many , would the project eliminate? No specific site development proposal is currently contemplated for the site. Parking will be provided as required by the Kent zoning code. f. Will the proposal require any new roads or streets,or improvements to existing roads or streets, not including driveways? If so, generally describe (indicate whether public or private). The City's 2008 Transportation Master Plan (TMP) includes an analysis of existing and projected demand, as well as required mitigation along the 2601^St/Reith Road/!Meeker St corridor between SR 99 to the west and Washington Avenue to the east. The TMP analysis concluded that the PM peak-hour Level of Service (LOS) along this corridor was at D in 2006, when traffic data was collected. The City's LOS standard for this corridor is E, as shown in table 5.5 of the TMP. This plan concluded that by 2030, traffic operations were expected to degrade along the 2601h St/Reith 45 City of Kent Planning Services EVALUATION FOR Environmental Checklist— Page 23 AGENCY USE ONLY Road/W Meeker St corridor, and that road widening and signal improvements are necessary if the corridor is to operate at LOS E in the future. Two street widening projects are identified in the City's 2008 Transportation Master Plan to meet this goal. Future development of the Riverbend Surplus Property will likely be required to participate financially and/or construct portions of the widening project. Based on an assumed development scenario of 1,509 mid-rise apartment units, 300,000 square feet of office space and 100,000 square feet of shopping center space (as discussed in sections 8 and 9 above), approximately 13,935 new daily and 1,557 new p.m. peak hour trips could be generated (based on ITE trip generation study numbers for mid-rise multi-family, office and shopping center land uses). This level of impact could require additional mitigation beyond that identified in the TMP. This traffic impact is based on a possible future development that could be allowed under MCR zoning limitations, but is necessarily very speculative at this early stage in the planning process. Market demand, financial feasibility, physical limitations of the site, as well as limitations that may result from application other development standards are all factors that may further limit scope, scale and impact a future development project. Further environmental analysis will be required to identify impacts and determine appropriate mitigation measures associated with a future development proposal. e. Will the project use (or occur in the immediate vicinity of)water, rail, or air transportation? If so, generally describe. No. (City of Kent Planning Services EVALUATION FOR 46 Environmental Checklist— Page 24 AGENCY USE ONLY f. How many vehicular trips per day would be generated by the completed project? If known, indicate when peak volumes would occur. Based on an assumed development scenario of 1,509 mid-rise apartment units, 300,000 square feet of office space and 100,000 square feet of shopping center space, approximately 13,935 new daily and 1,557 new p.m. peak hour trips could be generated. As this potential impact rests on speculative assumptions, further environmental analysis will be required to.identify impacts and determine appropriate mitigation measures when future development of the site is proposed. g. Proposed measures to reduce or control transportation impacts, if any. Future development of the Riverbend Surplus Property will be required to identify project-specific traffic impacts, and consider the need for mitigation measures beyond those identified in the TMP. The future development project will likely financially participate in and/or construct improvements along W Meeker Street. Future development will be subject to Kent's Traffic Impact Fee ordinance. When a 15. Public Services a. Would the project result in an increased need for public services (for example:fire protection, police protection, health care, schools, other)?If so, generally describe. Rezoning the Riverbend Surplus us site from SR-1 to MCR would allow for more intensive use, which would ultimately increase demand for public services in accordance with the ultimate use of the site. b. Proposed measures to reduce or control direct impacts on public services, if any. None at this time. 16. Utilities a. Circle utilities currently available at the site: electricity, natural gas,water, refuse service, telephone, sanitary sewer, septic system, other. b. Describe the utilities that are proposed for the project, the utilities 47 City of Kent Planning Services EVALUATION FOR Environmental Checklist— Page 25 AGENCY USE ONLY providing the service and the general construction activities on the site or in the immediate vicinity, which might be needed. City water, sanitary sewer and storm drainage lines are located along W Meeker Street and Russell Road S. A 24" King County Metro sanitary sewer line, a 12' City of Kent Water line and a 15" storm sewer line provide ample capacity to serve a future mixed use development at the Riverbend Surplus Site. Other utilities nec essary to serve future redevelopment of the Riverbend Surplus site will be the responsibility of the future owner. C. SIGNATURE The above answers are true and complete to the best of my knowledge. I understand that the lead agency is relying on them to make its decision. Signature: 17 Date: �' l 48 City of Kent Planning Services l EVALUATION FOR Environmental Checklist— Page 26 AGENCY USE ONLY DO NOT USE THIS SHEET FOR PROJECT ACTIONS D. SUPPLEMENTAL SHEET FOR NONPROJECT ACTIONS Because these questions are very general, it may helpful to read them in conjunction with the list of the elements of the environment. When answering these questions, be aware of the extent the proposal, orthe types of activities likely to result from the proposal, would affect the item at a greater intensity or at a faster rate than if the proposal were not implemented. Respond briefly and in general terms. 1. How would the proposal be likely to increase discharge to water;emission to air; production, storage, or release of toxic or hazardous substances; or production of noise? Rezoning the Riverbend Surplus Property from SR-1 to MCR will allow for intensive mixed-use development. Emissions and noise from vehicle trips and site activity that would be allowed at the site could increase. Zoning code changes are not likely to increase these impacts. Proposed measures to avoid or reduce such increases are: The Riverbend Surplus Property is well served by transit that will be available to future users of the site. This service will help to limit the need for automobiles at the site. 2. How would the proposal be likely to affect plants, animals, fish, or marine life? The proposed actions will enable redevelopment of the Riverbend Surplus Property. Redevelopment of the site will result in removal of golf course vegetation and the habitat that it creates. Planting requirements associated with the Kent's Shoreline Master Program will be applied if any development is proposed within the 200 foot shoreline jurisdiction area.Additional plantings within the shoreline area will have a beneficial effect on marine life in the Green River. Proposed measures to protect or conserve plants, animals, fish, or marine life? Future developmentwill complywith Kents landscaping, open space,and shoreline development regulations. 49 City of Kent Planning Services EVALUATION FOR Environmental Checklist— Page 27 AGENCY USE ONLY 3. How would the proposal be likely to deplete energy or natural resources? Redevelopment enabled by the proposed actions would allow for more intensive use of the Riverbend Surplus Property, as well as other sites riverfront lots affected by changes to the Green River Corridor District height and wall length regulations. Proposed measures to protect or conserve energy and natural resources are: All future new buildings will be subject to the Washington State Energy code. 4. How would the proposal be likely to use or affect environmentally sensitive areas or areas designated (or eligible or under study) for governmental protection; such as parks, wilderness, wild and scenic rivers,threatened or endangered species habitat, historic or cultural sites, wetlands, floodplains, or prime farmlands? Not likely. No parks or wilderness areas are part of the proposed actions. According to hftp://www.rivers.gov/washington.php,the Green River is not identified as a Wild and Scenic River, and no other rivers are located in Kent. Proposed measures to protect such resources or to avoid or reduce impacts are: Development within 200 feet of the OHWM of the river is subject to the provisions of the City's Shoreline Master Program. Future development on the site, regardless of zoning classification,will be subject to Kent's Critical Area Ordinance, which regulates development near wetlands, streams and steep slopes. Also, Kent City Code 14,09 regulates development activities in and around floodplain and floodway areas. Contemplated changes to building height and wall length along the Green River will not exempt future development from City standards that protect these resources. 5. How would the proposal be likely to affect land and shoreline use, including whether it would allow or encourage land or shoreline uses incompatible with existing plans? The proposed actions will not enable more intensive development within the 200 foot shoreline jurisdictional area. City of Kent Planning Services EVALUATION FOR 60 Environmental Checklist— Page 28. AGENCY USE ONLY The proposed sale, rezone, comprehensive plan amendment,future short plat and zoning code changes will allow for more intensive land use primarily at the Riverbend Surplus Property, and to a lesser extent as at some other riverside properties. One of the proposed zoning code changes is to remove the blanket 35 foot height limitation for the area 200 to 1000 feet away from the Green River on riverside parcels. Removing this height limitation will allow the zoning district based height limitation to control development within this area. The zoning district height limitations are as follows: Zoning Code, by zoningdistrict: A-10 35 feet AG 35 feet CM-2 35 feet GC 35 feet GC-MU 65 feet M1 35 feet M2 35 feet MA 35 feet MHP N/A MR-G 40 feet MR-M 40 feet SR-1 35 feet SR-8 30 feet O 40 feet A separate zoning code amendment would allow buildings on riverfront lots within the MCR and GC-MU zones to construct buildings with walls parallel to the river that are 200 feet long or greater. This allowance currently applies to riverfront lots in the MA, M1, M1-C, M2,and M3 districts. This allowance may allow a slight increase in land use intensity on riverfront lots. Sale of the Riverbend Surplus Property and the proposed rezone and comprehensive plan amendment would allow more intensive land use on the site. The MCR zone allows a range of commercial and residential activities that are not allowed under the site's current SR-1 zoning designation. The proposed zoning changes, and actions that affect the Riverbend Golf site and Riverbend Surplus site are not expected to conflict with existing plans. Proposed measures to avoid or reduce shoreline and land use impacts are: 51 City of Kent Planning Services EVALUATION FOR Environmental Checklist— Page 29 AGENCY USE ONLY Future development of the Riverbend Surplus Property, as well as other riverfront lots is subject to a range of adopted regulations that address impacts that may increase as more intensive land-use is allowed. These regulations address shoreline impacts, stream, wetland and steep slope protection, floodplain protection, stormwater management, building height, setbacks and lot coverage, architectural aesthetics, landscaping, signage limitations, traffic impacts, access management, utility system impacts, school impacts, light and glare, smoke, dust and odor impacts, hazardous material storage, building safety, fire protection requirements, etc. These regulations are applied during development plan review. 6. How would the proposal be likely to increase demands on transportation or public services and utilities? Based on an assumed development scenario of 1,509 mid-rise apartment units, 300,000 square feet of office space and 100,000 square feet of shopping center space, approximately 13,935 new daily and 1,577 new p.m. peak hour trips will be generated. Fire and Police services are provided by Kent Regional Fire Authority and the City of Kent respectively. The increased intensity land use may add demand for these services. Stormwater sewer, water service and sanitary sewer systems will be impacted by increased development intensity, but have adequate capacity to support commercial development at the Riverbend Surplus Property. Utility impacts resulting from the proposed zoning changes are expected to be negligible. Proposed measures to reduce or respond to such demand(s) are: Future development of the Riverbend Surplus Property will financially participate in and/or construct improvements to W Meeker Street. Future development will be subject to Kent's Traffic Impact Fee ordinance. 7. Identify, if possible,whether the proposal may conflict with local, state, or federal laws or requirements for the protection of the environment. No conflicts are known. 52 City of Kent Planning Services EVALUATION FOR Environmental Checklist— Page 30 AGENCY USE ONLY S: Perm it\Plan\ENV\2014\RIVERBEND SEPA_CHECKLIST.doc 63 COMMUNITY DEVELOPMENT Fred N. Satterstrom, Community Dev. Director PLANNING SERVICES Charlene Anderson, AICP, Planning Manager Phone: 253-856-5454 KENT Fax 253-856-6454 WASHINGToN Address: 220 Fourth Avenue S. Kent, WA 98032-5895 ENVIRONMENTAL REVIEW REPORT Decision Document CITY OF KENT RIVERBEND SURPLUS PROPERTY COMPREHENSIVE PLAN AMENDMENT AND ZONING DISTRICTS MAP AMENDMENT & GREEN RIVER CORRIDOR DISTRICT REGULATION AMENDMENT ENV-2014-22 KIVA# 2141804 Responsible Official: Charlene Anderson, AICP Prepared by: Matt Gilbert, AICP I. PROPOSAL The City of Kent is considering amendments to its Comprehensive Plan Land Use Map, Zoning Districts Map and zoning code amendments necessary to entitle the Riverbend Surplus Property for sale and future development. Comprehensive Plan amendments can be analyzed outside of the annual cycle as authorized by the Growth Management Act (RCW 36.70A.130) and Kent City Code Chapter 12.02. On May 6, 2014, the Kent City Council passed an emergency resolution (Res. 1883) authorizing consideration of these amendments. The Riverbend Surplus Property is an approximately 24-acre portion of a larger tax parcel 2322049011, located at 2030 West Meeker Street and is the current site of the City's par-3 golf course. Prior to sale of the property, the City Council is considering an amendment to the Comprehensive Plan Land Use Map that will change the designation of the Riverbend Surplus Property from OS, Parks and Open Space and MDMF, Medium Density Multifamily to MU, Mixed Use. Furthermore, the City Council is considering rezoning the Riverbend Surplus Property from its current designation of SR-1, Residential Agricultural. New zoning designations under consideration include MR-M, Medium Density Multifamily, GC-MU, General Commercial-Mixed Use, and MCR, Midway Commercial Residential. The Zoning Districts Map amendment contemplated in the submitted environmental checklist would rezone the Riverbend Surplus Property from SR-1, Residential Agricultural to MCR, Midway Commercial Residential. Potential future impacts of this change were identified, but no other zoning options that are under consideration were discussed. MCR was discussed because of the zoning districts under consideration; it allows the most intensive development while GC-MU and MR-M are more restrictive. This approach is useful when identifying environmental impacts, because the less 54 Decision Document City of Kent CPA and Implementing Zoning Map Amendments #ENV-2014-22 intensive zoning options would allow for less intensive development that would generate less environmental impact. Identifying the potential environmental impacts of this most intensive zoning option covers the other options that the Council might select for this site. The MCR zoning option and the associated potential for future impacts is included in this analysis. However, the intensity of future site development is unlikely to rise to the levels allowed under MCR. In order to inform policy-makers, stakeholders and the public of the more likely impacts, this analysis also contemplates development allowed under the GC- MU, General Commercial-Mixed Use zoning option. The GC-MU zone has a height limit of 65 feet and building coverage limitation of 60% and represents a more likely scenario for future site development and impacts. This approach is based primarily on the intensity of recent development in the Kent Valley and the physical limitations of valley soils to support tall buildings. Both MCR and GC-MU zones allow service, retail, office and hotel uses as well as a range of attached residential uses. In terms of development intensity, the MR-M Medium Density Multifamily option would allow for the least intensive redevelopment of the Riverbend Surplus Site. Contemplated amendments to the zoning code would remove building height and wall length limitations from section Kent City Code 15.08.260 Green River Corridor District regulations. Height regulations and building aesthetics regulations are found in other parts of the zoning code and design standards. Finally, prior to sale of the property, the City is contemplating a short subdivision of the entire Riverbend Golf site (parcel 2322049011) into no more than 8 separate lots and a tract for the Green River Trail. The Riverbend Surplus Property is part of this larger parcel, which also includes a golf driving range, mini-golf course, associated parking and two acres of unused land. These other areas are not part of the contemplated sale, comprehensive plan land use map amendment or rezone. The larger site may also be affected by related zoning code amendments being contemplated by the City Council. II. BACKGROUND INFORMATION Amending the City's Comprehensive Plan, zoning code and zoning districts map and marketing a city-owned property for sale are considered "non-project" actions under the State Environmental Policy Act (SEPA). Amendments to comprehensive plans are not project permit applications under ESHB 1724 and Kent City Code Chapter 12.01. The broad environmental impacts of the proposed action will be analyzed in this document. Future development proposals on the applicable sites will likely require subsequent environmental review in conjunction with construction permits and other appropriate project permit applications. The contemplated short plat is considered a project action, but is a categorically exempt land use decision per WAC 197.11.800. In addition to the above, Kent follows revisions to the Washington State Environmental Policy Act, Chapter 197-11 WAC (effective November 10, 1997), which implements ESHB 1724 and ESB 6094. Page 2 of 14 55 Decision Document City of Kent CPA and Implementing Zoning Map Amendments #ENV-2014-22 III. ENVIRONMENTAL ELEMENTS A. Earth The Riverbend Surplus Property is generally flat, though slopes of up to about 30% are located along the banks of the Green River. According to the USDA Web Soil Survey, soils on the Riverbend Surplus Property are primarily Ur, Urban Land. Sites located in the Green River Corridor District are also generally flat, but vary by site. No ground disturbing activities are currently proposed. None of the zoning designations under consideration for the Riverbend Surplus Property contain impervious surface limitations, though any stormwater runoff created by future development will be handled in accordance with City stormwater management requirements. Future site grading work will require development permits and will be subject to City and Department of Ecology grading and erosion control standards. B. Air Development under the contemplated actions could increase localized air pollutant emissions from new commercial uses, new residential uses (both of which contribute to regional vehicle travel and tailpipe emissions), and from construction activities. Construction emissions include dust from excavation and grading activities, diesel-powered engine emissions from construction vehicles and equipment, odors detectable to people in the vicinity of construction activities (such as paving operations) and increases in general traffic-related emissions due to delays caused by construction equipment and material hauling activity. Construction related emissions will be minimized through implementation of best management practices (BMPs) to control fugitive dust such as spraying bare soil during times of active construction, covering soil piles and preventing track-out of mud onto public streets. Construction activity and equipment must comply with relevant Puget Sound Clean Air Agency (PSCAA) regulations. However, despite compliance with such regulations, local construction-related emissions could cause temporary, localized impacts on air quality. Emissions from commercial operations could cause air pollution issues at nearby residential and recreation properties unless properly controlled. However, all new commercial facilities are required to register pollutant-emitting equipment with the Puget Sound Clean Air Agency (PSCAA) and comply with PSCAA standards to minimize emission. Therefore, it is unlikely that new commercial operations would cause significant air quality issues. Potential air quality impacts caused by increased tailpipe emissions are divided into two general categories: Carbon Monoxide (CO) hot-spots caused by localized emissions at heavily congested intersections and regional photochemical smog caused by combined emissions throughout the Puget Sound region. With respect to localized hot-spot air quality, it is unlikely that increased vehicle travel on existing public roads would cause significant localized Page 3 of 14 66 Decision Document City of Kent CPA and Implementing Zoning Map Amendments #ENV-2014-22 air pollutant concentrations at local intersections, forming a hot-spot. PSCAA has not indicated any exceedances over the past several years, and EPA's ongoing motor vehicle regulations have provided steady decreases in tailpipe emissions from vehicles, which possibly could more than offset the increase in vehicle traffic. In terms of regional impacts, although population and vehicle travel from the Riverbend Surplus Property would increase as a result of the contemplated actions, the increase in tailpipe emissions would be very small relative to the overall regional tailpipe emissions within the Puget Sound air basin. Based on the Puget Sound Regional Council's (PSRC's) air quality conformity analysis, forecasted regional emissions for its 2030 planning year are far below the allowable budgets. C. Water Subsequent development pursuant to the contemplated actions may increase the amount of impervious surface when development occurs. However, no ground disturbing or other water impacting work is currently contemplated. The Riverbend Surplus Property is located along the Green River. Portions of this site are within the 200 foot jurisdictional area of the City of Kent Shoreline Master Program. Properties within 1,000 feet of the Green River will be affected by contemplated changes to the Green River Corridor District regulations. The Green River is a salmonid bearing river that conveys water from the Crystal Mountain area to the Duwamish River and into Puget Sound. Flows range from summer lows near 300 CFS up to 100-year flows at the project site of nearly 12,000 CFS. The peaks of flood events up to the 100-year event are all softened by operation of the Howard Hanson flood control dam near river mile 64. Historic flows in the Green River, prior to construction of the dam in 1964 and rerouting of the tributary White River in the early 1900's, were substantially higher. Any future development proposal will be required to analyze and mitigate for water related impacts in conformance with local, state and federal standards. Future development proposed within 200 feet of the Green River will require a Shoreline Substantial Development Permit. D. Plants The Riverbend Surplus Property is currently landscaped with typical golf-course plantings such as deciduous and evergreen trees, shrubs and turf grass. Future development would likely result in removal of some existing plants. The landscape requirements of the GC-MU zoning district will require new landscaping in conjunction with future development. Changes to the Green River Corridor District Regulations related to wall length and building height are unlikely to cause impacts to plants beyond what is currently allowed. Any development located within 200 feet of the Green River will be subject to the Shoreline Master Program, which requires shoreline restoration planting where feasible. Page 4 of 14 57 Decision Document City of Kent CPA and Implementing Zoning Map Amendments #ENV-2014-22 E. Animals The Riverbend Surplus Property, as well as other land within the Green River Corridor district is adjacent to the Green River, and future development might have an effect on animals. Species that have been observed on or around the Riverbend Surplus Property include: hawk, heron, eagle, songbirds, rabbit and squirrel. Threatened Chinook (Onchorynchus tschawyscha), steelhead (O. mykiss) and (possibly) bull trout (Salvelinus confluentus) may be found in the Green River adjacent to the project site. Coho, pink and chum salmon are also known to use the Green River as a migration route. The Green River is a major pathway within the Pacific Flyway migratory bird route. No wildlife disturbing activities are currently proposed. Future development within 200 feet of the Green River will be subject to the provisions of Kent's Shoreline Master Program, which requires shoreline restoration planting where feasible, as well as compliance with zoning code standards, which will require landscaping throughout the site. F. Environmental Health The entire City of Kent is located within the Department of Ecology's Tacoma Smelter Plume study area. Based on the map at https://fortress.wa.gov/ecy/smeltersearch/ the Riverbend Surplus Property is located within an area where arsenic levels were detected at a rate of less than 20 parts per million. Other areas located in the Green River Corridor District are shown to contain arsenic levels of 20-40 parts per million. DOE recommends soil testing in areas where arsenic levels have been detected at more than 20 parts per million. Redevelopment at the Riverbend Surplus Property could increase noise impacts on the Colony Park Apartments, located to the east. Impacts will be assessed at the time of a specific development proposal. Traffic noise from Meeker Street and WA 516/Kent Des-Moines Road (located across the Green River from the site) could impact the Riverbend Surplus Site. G. Energy and Natural Resources While the contemplated actions will allow for more intense development than is currently allowed, the changes are unlikely to generate demand for energy or natural resources beyond what is typical within an urban area. The increase of residential densities and increase of land use intensity within the city limits serves as an alleviating factor on consumption of rural and natural resource lands outside of the urban growth boundary. H. Land and Shoreline Use CURRENT LAND USE PLAN MAP DESIGNATION AND ZONING OF PROPOSAL SITES The contemplated zoning districts map and comprehensive plan land use map amendments are for the western portion of parcel 2322049011. This western portion is known as the Riverbend Surplus Property and is currently designated OS, Parks and Open Space and MDMF, Medium Density Multifamily on the Page 5 of 14 58 Decision Document City of Kent CPA and Implementing Zoning Map Amendments #ENV-2014-22 City's Comprehensive Plan Land Use Map. The western portion is zoned SR-1, Residential Agricultural and MR-M, Medium Density Multifamily. The eastern portion of the parcel is designated MDMF, Medium Density Multifamily and is zoned MR-M, Medium Density Multifamily. The eastern portion of the parcel contains a golf driving range, a miniature golf course, and two acres of vacant land. The western portion is developed with a nine-hole par-3 golf course. The contemplated amendments would rezone the Riverbend Surplus Property to a more intensive multifamily or mixed-use zoning district and redesignate the site MU, Mixed Use on the City's Comprehensive Plan Land Use Map. Parcels that will be affected by contemplated zoning code amendments for the Green River Corridor District encompass an area within 1,000 feet of the river, defined in KCC 15.08.260 as: Two (2) strips of land each eight hundred(800) feet in width which begin at the north city limit line, on March 4, 1985, and end at the south city limit line, which south line ends in Section 30, Township 22 North, Range 5 East, W.M. Each strip shall be measured from each side of the Green River and the measurement shall be two hundred (200) feet from the ordinary high- water line of the river, all in King County, Washington, except any portions thereof lying outside of the city limits. Various uses are located on parcels within the Green River Corridor District, in accordance with the land use and development limitations of the various zoning districts. The zoning districts include: A-10, Agricultural; AG Agricultural/General; CM-2, Commercial Manufacturing; GC, General Commercial; GC-MU, General Commercial/Mixed Use; M1, Industrial Park; M2, Limited Industrial; MA, Industrial Agricultural; MHP, Mobile Home Park; MR-G, Low Density Multifamily Residential; MR-M, Medium Density Multifamily Residential; SR-1, Residential Agricultural; SR-8, Single Family Residential and O, Office. CURRENT LAND USE PLAN MAP DESIGNATION AND ZONING OF SURROUNDING SITES Land to the north of the Riverbend Surplus Property across West Meeker Street is also part of the larger City-owned Riverbend Golf Complex, and is used as the standard 18-hole golf course. Most of the land to the south, across the Green River is vacant and owned by the City of Kent. The Downey Farmstead salmon habitat restoration project, which is planned for construction in the spring of 2015, is located in this area. The 16 acre site east of Russell Road is developed as a garden-style apartment complex known as the Riverbend Apartment Homes. The City of Kent-owned Old Fishing Hole Park is located to the west of the site, across the Green River. The Colony Park Apartments, a 24 unit development in two buildings is located on a parcel that is surrounded by the Riverbend Golf site. These apartments take access to W. Meeker Street via an easement over the Riverbend Golf site. One of the purposes of the Comprehensive Plan Land Use Map and Zoning Districts Map/code amendment process is to assess whether the contemplated actions will result in land uses that are compatible with surrounding land uses. Page 6 of 14 59 Decision Document City of Kent CPA and Implementing Zoning Map Amendments #ENV-2014-22 Issues of compatibility will be analyzed by staff, the Land Use and Planning Board, and the City Council in determining whether or not to adopt the contemplated changes. SHORELINE The Green River is a shoreline of state-wide significance located along the western and southern sides of the Riverbend Golf site, and within 1000 feet of all properties in the Green River Corridor District. No other sensitive areas have been identified on the Riverbend Golf site. Various stream, wetland and steep slope areas are located within the Green River Corridor District and are subject to Kent's Critical Area regulations. Development located within 200 feet of the Green River is subject to the provisions of the City's Shoreline Master Program. POTENTIAL FUTURE DEVELOPMENT No development is currently proposed. However, the City Council is contemplating rezoning the Riverbend Surplus Property to either MCR-Midway Commercial Residential; GC-MU, General Commercial-Mixed Use or MR-M, Medium Density Multifamily. Each of these zoning districts allows multifamily townhomes and apartments which would likely be part of a future redevelopment. Because the MCR and GC-MU zones also allow a number of commercial uses in addition to multifamily residential, the precise mix of uses that will be part of future site development is difficult to know, and development scenarios could vary widely. Because of this uncertainty, additional environmental analysis will be required at the time a development proposal is submitted. The most likely-case scenario for future development intensity of the Riverbend Surplus Site is assumed to be consistent with the limitations of the GC-MU zone. This approach is being used primarily because, regardless of the development intensity allowed by zoning, market demand (as reflected by recent development in Kent) and the physical limitations of valley soils to support tall buildings will likely result in development less intense than the 200 foot tall buildings and 80% building coverage allowed in the MCR zone. Kent's recently completed portion of the forthcoming 2012 King County Buildable Lands Study indicates that GC-MU zoned land is likely to build out with a mix of about 70% devoted to commercial use and 30% devoted to residential use. This same study indicates that properties located in the MCR zone are likely to build out with mix of about 30% commercial and 70% residential. More detail on the housing build-out assumptions is included in section I. below. SOLAR ACCESS/SHADING The contemplated actions will allow the use of the Riverbend Surplus Property to change from open space to a more intensive mix of commercial and residential buildings that could be up to about 80 feet tall, given local soil conditions. The eastern-adjacent Colony Park Apartments are two-story buildings, and given their proximity to the Riverbend Surplus site are vulnerable to shadowing impacts from future buildings. Buildings that are significantly taller than nearby structures or that fail to provide upper-story setbacks have the potential to cast perpetual shadows on those properties, blocking solar access for any public and pedestrian spaces in these locations. In urban environments, solar access and shading Page 7 of 14 60 Decision Document City of Kent CPA and Implementing Zoning Map Amendments #ENV-2014-22 conditions are intrinsically linked to many factors including building height and bulk of buildings, the presence of trees on or near the property, and local topography. While some shading of adjacent structures is unavoidable in dense urban environments, it is desirable to reduce these effects as much as possible, particularly in relation to sensitive public and pedestrian spaces. Future development will be subject to additional environmental review, and the application of measures for the preservation of solar access, such as upper story setbacks and siting of buildings to avoid excessive shading should be considered at the time. HOUSING 2013 Washington State Office of Financial Management (OFM) estimates for Kent indicate that an average of 2.3 people reside in each multifamily unit, when the development includes five units or more. The Housing element of the submitted checklist uses this assumption in conjunction with assumptions about future development in the MCR zone from the forthcoming 2012 King County Buildable Lands Study. The checklist concluded that 1,509 housing units could be built on the Riverbend Surplus Property, resulting in 3,470 new residents. However, using assumptions from the Buildable Lands Study for the GC-MU zone, a more likely future development would result in 422 new residential units and 970 people residing at the site. According to the same report, the MR-M zone would likely yield about 250 units and 575 residents. JOBS A range of commercial uses is allowed in both the MCR and GC-MU zoning districts. These include hotels, grocery and drug stores, bulk retail stores, restaurants and bars, personal service shops, medical offices/facilities, business/professional offices and so forth. A future development proposal could contain any mix of these uses (and others), in addition to residential uses. Following Kent's assumptions in its contribution to the 2012 King County Buildable Lands Study, 70% of the buildable land at the Riverbend Surplus Property is likely to be devoted to commercial use under the GC-MU zone. This area is about 10.8 acres. Because actual development scenarios may vary widely, for the purpose of this analysis, Kent is assuming that 300,000 square feet of office space and 100,000 square feet of retail shopping center might be located at the Riverbend Surplus site. Under this scenario, assuming 1 job per 250 square feet of office space and 1 job per 500 square feet of retail space, approximately 1,200 office jobs and 200 retail jobs could be expected at the Riverbend Surplus Property if the zoning is changed to GC-MU. The City of Kent is currently preparing its 2015 Comprehensive Plan update, which will incorporate the King County Countywide Planning Policies (CPP) targets of 13,490 jobs and 9,360 households by 2031. The City expects to meet these targets and has incorporated this level of growth into its planning efforts. The increase in jobs and households that will result from the contemplated actions at the Riverbend Golf site is within the City's expected level of 2031 growth. Page 8 of 14 61 Decision Document City of Kent CPA and Implementing Zoning Map Amendments #ENV-2014-22 I. Housing No housing units are located on the Riverbend Surplus Property, so none will be displaced. The Colony Park Apartments are located on a separate parcel immediately east of the Riverbend Surplus Property and will remain. Up to 1,509 units could be located at the Riverbend Surplus Property under MCR zoning, 422 units under the GC-MU zone and about 250 units under the MR-M zone. If a mixed use zone is selected, the GC-MU level of development intensity is the most likely to occur. The conclusion that 422 units will be built rests on the following assumptions: 1.) 14.4 acres will be available for building at this site. This is based on the GC- MU zone allowing only 60% of the site to be occupied by building footprint. 2.) 70% of the buildable area on this site will likely be devoted to commercial development and 30% to residential development. This assumption is consistent with Kent's recently submitted portion of the forthcoming 2012 King County Buildable Lands Study, which reviewed likely development patterns for land in various zoning districts, including GC-MU. This yields approximately 10.8 acres of commercial land and 3.6 acres of residential land. 3.) Residential buildings that will eventually be proposed on this site are likely to be similar to The Platform, an apartment building currently under construction in Kent's downtown core. 4.) The floor-area-ratio (FAR) of The Platform project is 2.21, and the average unit is 820 square feet. 5.) Applying a 2.21 FAR to the 3.6 acres of the Riverbend Surplus Site likely to be developed with multi-family residential, at 820 square feet per unit yields 422 new multifamily units. J. Aesthetics Construction of buildings or site development at any of the specific sites affected by the contemplated actions is not within the scope of this review, and no proposals are currently known to be pending. All future proposed buildings will be subject to development standards found in the zoning code. These standards address aesthetic elements such as setbacks, building height, maximum site coverage, etc. For the Riverbend Surplus Site, aesthetic impacts of future development within the GC-MU zoning district will be addressed prior to construction through mixed use or multifamily design review standards of Kent City Code 15.09. If the MCR zone is selected for this site, the City Council will likely also implement minor code changes to require Midway Design Review for any future development. Multifamily developments proposed within the MR-M zoning district are subject to the City's multifamily design review standards. Regardless of the zoning district, any buildings proposed within the 200 foot shoreline jurisdictional area will continue to be limited to 35 feet in height. Page 9 of 14 62 Decision Document City of Kent CPA and Implementing Zoning Map Amendments #ENV-2014-22 The Green River Corridor district was created by the Kent City Council in 1985 to provide additional protection to an 800 foot wide swath of land adjacent to the Green River beyond the 200 foot shoreline management zone. The regulations were to protect the area from land uses with adverse impacts, to preserve land features with historic cultural or educational significance and to ensure that urban development within this area was compatible with the open configuration of the Green River and its adjacent lands. The original development regulations have been relaxed on multiple occasions when the City Council found that the intent of the regulations had been met and that flexibility in design was desirable. The City Council is now considering amendments to the Green River Corridor district regulations that would remove or amend the 35 foot height limitation from these standards. Currently zoning district development regulations, the Shoreline Master Program, and the Green River Corridor District standards contain building height regulations. These regulations overlap and create an opportunity to consider simplification. The Shoreline Master Program applies only to development within 200 feet of the Green River and limits building heights within this zone to 35 feet. The Green River Corridor District effectively extends this height limitation out to 1,000 feet from the river. Zoning district development standards also apply to riverside lands, and contain height limitations that vary by zoning district. Most of the zoning districts located within the Green River Corridor District impose similar building height restrictions. Only one zone, GC- MU, currently allows building heights over 40 feet; the MCR zone, which is being considered for the Riverbend Surplus Property, allows for buildings up to 200 feet tall. The Riverbend Surplus Property is located within the Green River Corridor district. The staff recommended zoning for this site is GC-MU, General Commercial-Mixed Use, which allows building heights up to 65 feet. Table 1 below compares the various height standards. Zoning Code, by Allowed height zoning district: A-10 35 feet AG 35 feet CM-2 35 feet GC 35 feet GC-MU 65 feet M1 35 feet M2 35 feet MA 35 feet MCR 200 feet MHP N/A MR-G 40 feet MR-M 40 feet SR-1 35 feet SR-8 30 feet O 40 feet Table 1:Height limitations of zoning districts located within the Green River Corridor District Page 10 of 14 63 Decision Document City of Kent CPA and Implementing Zoning Map Amendments #ENV-2014-22 K. Light and Glare Commercial projects or projects to be located in proximity to commercial uses are anticipated to create and receive light impacts due to the nature of commercial enterprise during evening hours. Glare impacts might be anticipated as well. Any impacts from light and glare would be more appropriately addressed during the review of development plans, when measures such as full-cutoff or hooded fixtures and strategically located landscaping may be required to minimize impacts. L. Recreation The Green River Trail is located around the southern and western edge of the site and will remain as is. The contemplated actions will facilitate redevelopment of the Riverbend Surplus Property that will displace the 24 acre, nine hole par-3 golf course. This golf course is operated by the City and supports the goal of providing golf opportunities for all ages and ability levels at the Riverbend Golf Complex. Par-3 golf courses feature shorter fairways that are well suited to young or beginning golfers as well as senior golfers. These classes of golfers are the primary users of the course. Displacement of the Par-3 course will cause a loss of recreational golf opportunities that the City plans to mitigate by two means. First, by developing a golf training facility on the vacant two-acre area next to the driving range, the City will provide beginner and junior golfers with enhanced instructional facilities. Though specific plans have not been developed, this area will include a couple of short holes. Also, forward-tee boxes will be added to the standard 18 hole Riverbend course. These forward tee-boxes will provide beginning, younger and senior golfers with the opportunity to play shortened holes, in a manner similar to the existing par-3 course. In 2010, the City updated the Parks and Open Space element of its Comprehensive Plan. This element indicates that when level of service (LOS) is measured in purely quantitative terms (square feet per resident, or golf holes per resident), the City's Park and Open Space level of service (LOS) has declined over the last twenty years. Sale of the 24-acre Riverbend Surplus Property would remove it from the City's park inventory and advance the trend of declining LOS. However, the Park and Open Space element considers that based on Kent's growing population, urbanizing nature and changing demographics, a LOS standard that combines both qualitative and quantitative elements might more fully capture how Kent's parks and open space are meeting the community's needs. The goals and policies contained in this update reflect both quantitative, qualitative and economic aspects that the City uses to determine adequacy of its park and open space system. M. Historic and Cultural Preservation No impacts are anticipated. According to the Washington State Department of Archaeology & Historic Preservation's online database at Page 11 of 14 64 Decision Document City of Kent CPA and Implementing Zoning Map Amendments #ENV-2014-22 https://fortress.wa.gov/dahp/wisaard/, no places or objects associated with the larger Riverbend Golf site are identified. During future development activities, should archaeological materials (e.g. bones, shell, stone tools, beads, ceramics, old bottles, hearths, etc.) or human remains be observed during project activities, all work in the immediate vicinity will stop to allow for consultation with state and tribal archaeological officials. N. Transportation Changes to the Green River Corridor District regulations are primarily aesthetic and not likely to result in traffic impacts that can be reasonably ascertained at this time. The proposed Comprehensive Plan Amendment and rezone however will enable development that is likely to increase demand on the City's transportation system. West Meeker Street is located along the northern border of the Riverbend Golf site. This road is classified as a minor arterial in the City's Transportation Master Plan. Russell Road South is located on the eastern boundary of the site, and is classified as a local street. There are currently two driveways along West Meeker Street and no access points on Russell Road South. Future site development will likely include additional or relocated driveway access points. Metro bus routes 158, 159, 166 and 183 currently serve the site via a bus stop located on the south side of West Meeker Street near the Riverbend driving range. The City's 2008 Transportation Master Plan (TMP) includes an analysis of existing and projected demand, as well as required mitigation along the S 260`h St/Reith Road/W Meeker St corridor between SR 99 to the west and Washington Avenue to the east. The TMP analysis concluded that the PM peak-hour Level of Service (LOS) along this corridor was at D in 2006, when traffic data were collected. The City's LOS standard for this corridor is E, as shown in table 5.5 of the TMP. This plan concluded that by 2030, traffic operations were expected to degrade along the 260`h St/Reith Road/W Meeker St corridor, and that road widening and signal improvements are necessary if the corridor is to operate at LOS E in the future. Two street widening projects are identified in the City's 2008 Transportation Master Plan to meet this goal. Future development of the Riverbend Surplus Property will likely be required to participate financially or construct portions of the widening project. Based on an a GC-MU development scenario of 422 mid-rise apartment units, 300,000 square feet of office space and 100,000 square feet of shopping center/retail space (as discussed in section H above), approximately 9,688 new daily and 1,008 new p.m. peak hour trips could be generated (based on ITE trip generation study numbers for mid-rise multi-family, office and shopping center land uses). P.M. peak hour trips could be as high 1,557 under the MCR development scenario discussed in sections H and I above. The actual level of impact resulting from a future development project is necessarily very speculative at this early stage in the planning process. Market demand, financial feasibility, physical limitations of the site, as well as limitations that may result from Page 12 of 14 66 Decision Document City of Kent CPA and Implementing Zoning Map Amendments #ENV-2014-22 application of other development standards are all factors that may further limit the scope, scale and traffic impact of a future development project. Further environmental analysis will be required to identify specific impacts and determine appropriate mitigation measures associated with a future development proposal, which may include additional mitigation beyond that identified in the TMP. O. Public Services Rezoning the Riverbend Surplus Property from SR-1 to a more intensive zoning district amending the Green River Corridor District regulations would increase demand for public services in accordance with the ultimate use of the site. Impact fees and mitigation payments for school, transportation and utility impacts will be assessed at the time of development. P. Utilities City water, sanitary sewer and storm drainage lines are located along W Meeker Street and Russell Road S. A 24" King County Metro sanitary sewer line, a 12' City of Kent Water line and a 15" storm sewer line provide ample capacity to serve a future mixed use development at the Riverbend Surplus Property. Other utilities necessary to serve future redevelopment of the Riverbend Surplus Property will be the responsibility of the future owner. IV. SUMMARY AND RECOMMENDATION A. It is appropriate per WAC 197-11-660 and RCW 43.21C.060 that the City of Kent establish conditions to mitigate any identified impacts associated with this proposal. Supporting documents for the following conditions and mitigating measures include: 1. City of Kent Comprehensive Plan as prepared and adopted pursuant to the State Growth Management Act; 2. The Shoreline Management Act (RCW 90.58) and the Kent Shoreline Master Program; 3. Kent City Code Section 7.07 Surface Water and Drainage Code; 4. City of Kent Transportation Master Plan, Green River Valley Transportation Action Plan and current Six-Year Transportation Improvement Plan; 5. Kent City Code Section 7.09 Wastewater Facilities Master Plan; 6. City of Kent Comprehensive Water Plan and Conservation Element; 7. Kent City Code Section 6.02 Required Infrastructure Improvements; 8. Kent City Code Section 6.07 Street Use Permits; 9. Kent City Code Section 14.09 Flood Hazard Regulations; 10. Kent City Code Section 12.04 Subdivisions, Binding Site Plans, and Lot Line Adjustments; Page 13 of 14 66 Decision Document City of Kent CPA and Implementing Zoning Map Amendments #ENV-2014-22 11. Kent City Code Section 12.05 Mobile Home Parks and 12.06 Recreation Vehicle Park; 12. Kent City Code Section 8.05 Noise Control; 13. City of Kent International Building and Fire Codes; 14. Kent City Code Title 15, Zoning; 15. Kent City Code Section 7.13 Water Shortage Emergency Regulations and Water Conservation Ordinance 2227; 16. Kent City Code Sections 6.03 Improvement Plan Approval and Inspection Fees; 17. Kent City Code Section 7.05 Storm and Surface Water Utility; 18. City of Kent Comprehensive Sewer Plan; 19. City of Kent Fire Master Plan; and 20. Kent City Code Chapter 11.06, Critical Areas. B. It is recommended that a Determination of Nonsignificance (DNS) be issued for this non-project action. KENT PLANNING SERVICES July 23, 2014 MG:pm :S:/Permit/Plan/Env/201 4/21 41 804decision.doc Page 14 of 14 67 KETIT W PSHINLTON CITY OF KENT DETERMINATION OF NONSIGNIFICANCE Environmental Checklist No. #ENV-2014-22 Project: City of Kent Riverbend Surplus #RPSA-2141804 Property Comprehensive Plan Amendment and Zoning Districts Map Amendment & Green River Corridor District Regulation Amendment Description: The City of Kent is considering amendments to its Comprehensive Plan Land Use Map, Zoning Districts Map and zoning code amendments necessary to entitle the Riverbend Surplus Property for sale and future development. Comprehensive Plan amendments can be analyzed outside of the annual cycle as authorized by the Growth Management Act (RCW 36.70A.130) and Kent City Code Chapter 12.02. On May 6, 2014, the Kent City Council passed an emergency resolution (Res. 1883) authorizing consideration of these amendments. The Riverbend Surplus Property is an approximately 24-acre portion of a larger tax parcel 2322049011, located at 2030 West Meeker Street and is the current site of the City's par-3 golf course. Prior to sale of the property,the City Council is considering an amendment to the Comprehensive Plan Land Use Map that will change the designation of the Riverbend Surplus Property from OS, Parks and Open Space and MDMF, Medium Density Multifamily to MU, Mixed Use. Furthermore, the City Council is considering rezoning the Riverbend Surplus Property from its current designation of SR-1, Residential Agricultural. New zoning designations under consideration include MR-M, Medium Density Multifamily, GC- MU, General Commercial-Mixed Use, and MCR, Midway Commercial Residential. The Zoning Districts Map amendment contemplated in the submitted environmental checklist would rezone the Riverbend Surplus Property from SR-1, Residential Agricultural to MCR, Midway Commercial Residential. Potential future impacts of this change were identified, but no other zoning options that are under consideration were discussed. MCR was discussed because of the zoning districts under consideration, it allows the most intensive development while GC-MU and MR-M are more restrictive. This approach is useful when identifying environmental impacts, because the less intensive zoning options would allow for less intensive development that would generate less environmental impact. Identifying the potential environmental impacts of this most intensive zoning option covers the other options that the Council might select for this site. The MCR zoning option and the associated potential for future impacts is included in this analysis. However, the intensity of future site development is unlikely to rise to the levels allowed under MCR. In orderto inform policy-makers, stakeholders and the public of the more likely impacts, this analysis also contemplates development allowed under the GC-MU, General Commercial-Mixed Use zoning option.The GC-MU zone has a height limit of 65 feet and building coverage limitation of 60% and represents a more likely scenario for future site development and impacts. This approach is based primarily on the intensity of recent development in the Kent Valley and the physical limitations of valley soils to support tall buildings. Both MCR and GC-MU zones allow service, retail, office and hotel uses as well as a range of attached residential uses. Density Multifamily option would allow for the le ast In terms of development intensity, the MR-M Medium y y p intensive redevelopment of the Riverbend Surplus Site. Contemplated amendments to the zoning code would remove building height and wall length limitations from section Kent City Code 15,08.260 Green River Corridor District regulations. Height regulations and building aesthetics regulations are found in other parts of the zoning code and design standards. 68 Determination of Nonsignificance City of Kent Riverbend Surplus Property Comprehensive Plan Amendment & Zoning Districts Map Amendment & Green River Corridor District Regulation Amendment ENV-2014-22/RPSA-2141804 Finally, prior to sale of the property, the City is contemplating a short subdivision of the entire Riverbend Golf site (parcel 2322049011) into no more than 8 separate lots and a tract for the Green River Trail. The Riverbend Surplus Property is part of this larger parcel, which also includes a golf driving range, mini-golf course, associated parking and two acres of unused land. These other areas are not part of the contemplated sale, comprehensive plan land use map amendment or rezone. The larger site may also be affected by related zoning code amendments being contemplated by the City Council. Location: The Riverbend Surplus Property is an approximately 24-acre portion of a larger tax parcel 2322049011, located at 2030 West Meeker Street and is the current site of the City's par-3 golf course. Applicant: Kurt Hanson, City of Kent Economic and Community Development Lead Agency CITY OF KENT The lead agency for this proposal has determined that it does not have a probable significant adverse impact on the environment. An environmental impact statement (EIS) is not required under RCW 43.21C.030(2)(c). This decision was made after review of a completed environmental checklist and other information on file with the lead agency. This information is available to the public on request. X There is no comment period for this DNS pursuant to WAC 197-11-355 Optional DNS process. There is no comment period for this DNS. _ This DNS is issued under 197-11-340(2). The lead agency will not act on this proposal for 14 days from the date of this decision; this constitutes a 14-day comment period. Comments must be submitted by This DNS is subject to appeal pursuant to Kent City Code section 11.03.520. Responsible Official Charlene Anderson AICP Position/Title Planning Manager / SEPA OFFICIAL Address 220 S. Fourth Avenue Kent, WA 98032 Telephone: (-253) 856-5454 Dated July 23 2014 Signature APPEAL PROCESS: AN APPEAL OF A DETERMINATION OF NONSIGNIFICANCE (DNS) MUST BE MADE TO THE KENT HEARING EXAMINER WITHIN FOURTEEN (14) DAYS FOLLOWING THE END OF THE COMMENT PERIOD PER KENT CITY CODE 11.03.520. CONDITIONS/MITIGATING MEASURES: None MG\pm 5:iPermitiPlan�Env�2014i2141804dns.doc 2of3 ECONOMIC and COMMUNITY DEVELOPMENT Ben Wolters, Director PLANNING DIVISION Fred N. Satterstrom, AICP, Planning Director Charlene Anderson, AICP, Manager KEN T Phone: 253-856-5454 WAS Id INGTON Fax: 253-856-6454 220 Fourth Avenue S, Kent, WA 98032-5895 AGENDA LAND USE & PLANNING BOARD PUBLIC HEARING JULY 28, 2014 7:00 P.M. LUPB MEMBERS: Jack Ottini, Chair; Barbara Phillips, Vice Chair; Frank Cornelius, Navdeep Gill, Alan Gray, Katherine Jones and Randall Smith CITY STAFF: Fred Satterstrom, AICP, Planning Director; Charlene Anderson, AICP, Planning Manager; Erin George, AICP, Senior Planner; Assistant City Attorney David Galazin This is to notify you that the Land Use and Planning Board will hold a Public Hearing on MONDAY, JULY 28, 2014 at 7:00 P.M. The Hearing is held in Kent City Hall, City Council Chambers East and West, 220 41h Avenue South, Kent, WA. The public is invited to attend and all interested persons will have an opportunity to speak. Any person wishing to submit oral or written comments on the proposed Green River Corridor District zoning code amendment or the Riverbend Surplus Property Comprehensive Plan amendment and rezone may do so at the hearing or prior to the hearing by email to Erin George at: egeorge@kentwa.gov. The agenda will include the following item(s): 1. Call to order 2. Roll call 3. Approval of the June 23, 2014 Minutes 4. Added Items 5. Communications 6. Notice of Upcoming Meetings 7. PUBLIC HEARING: 1. RIVERBEND SURPLUS PROPERTY (CPA-2014-1/CPZ-2014-1) (EG/FS) This is a public hearing to examine four Comprehensive Plan land use and zoning designation options for potential future development of the Riverbend Par 3 golf course site located along Meeker Street at the Green River, as discussed at the July 14, 2014 workshop. Options include Midway Commercial Residential (MCR), General Commercial Mixed Use (GC-MU), Medium Density Multifamily (MR-M) and Residential Agricultural (SR- 1). Optional Comprehensive Plan designations include Mixed Use (MU), Transit Oriented Community (TOC), Medium Density Multifamily (MDMF) and Open Space (OS). Minor changes to the Zoning Code relating to the definition of MCR and application of Midway Design Guidelines (KCC 15.03.010 and 15.09.045) may be necessary if the MCR option is chosen. 2. GREEN RIVERCORRIDOR DISTRICT ZONING CODE AMENDMENT (ZCA-2014-3) (EG/FS) This is a public hearing to examine several options related to amending or eliminating height restrictions and revising the building length restriction within the Green River Corridor District (KCC 15.08.260) as discussed at the July 14, 2014 workshop. For further information or to obtain copies of the staff report or Agenda for the proposed amendment contact the Planning Division office at(253)856-5454. You may access the City's website for documents pertaining to the Land Use and Planning Board by depressing the Control Key and left clicking on the following path: http://kentwa.igm2.com/citizens/Defau/t.aspx?DepartmenLTD=1004. Any person requiring a disability accommodation should contact the City Clerk's Office at 253-856-5725 in advance. For TDD relay service call 1-800-833-6388 or the City of Kent Economic& Community Development directly at(253) 856-5499 (TDD). 1 �� LAND USE & PLANNING BOARD w RC O T MINUTES wns Hirvcro�.. JUNE 23, 2014 Land Use & Plannina Board Members: Chair Jack Ottini, Vice Chair Barbara Phillips, Frank Cornelius, Navdeep Gill, Alan Gray (absent/excused), Katherine Jones, and Randall Smith. Ottini called the meeting to order at 7:00 pm. City Staff: Planning Director Fred Satterstrom; Planner Katie Graves, Assistant City Attorney David Galazin 3. Approval of Minutes Board member Smith Moved and Board member Phillips Seconded a Motion to Approve the May 27, 2014 Minutes. Motion CARRIED 6-0. 4. Added Items None S. Communications Satterstrom stated that there are some further communications related to the public hearing topic that will be introduced later. 6. Notice of Upcoming Meetings None 7. Public Hearing ZCA-2014-2 Recreational Mariivana Zoning Assistant City Attorney David Galazin handed the Board Members the latest version of the administrative rules adopted by the Liquor Control Board (LCB) and the LCB Notices of Emergency Rules. With passage of Initiative-502 the LCB approved the creation of a legalized marijuana production, processing and retailing structure within the state of Washington. This structure remains illegal under Federal Law as a Schedule One controlled substance. Galazin spoke about how Initiative-502 influences how Kent is allowed to provide for the local zoning and licensing for all types of businesses. An opinion from the Washington State Washington Attorney General confirmed that the authority of cities to provide for the local zoning and licensing for all types of businesses is inherent by virtue of the state constitution, as well as state statute. A special notice issued on June 121h by the Washington State Department of Revenue explained how the State will tax marijuana production. I-502 imposes an excise tax of 25% at each level of production, processing and retail sales with none of those revenues going to the City of Kent. Galazin recommended that the Board consider the various impacts to surrounding land uses associated with recreational marijuana production, processing and retail sales, and to identify the appropriate zoning districts within the city for any of those uses. Potential impacts include odors generated from marijuana production and processing that can be detectable from surrounding areas - whether it is the tenant space next door, adjacent properties or adjacent sidewalks. Some safety concerns may be warranted, since processors start with raw materials, and use solvents, chemicals, gases and other compounds to extract oils and create and process marijuana infused products. Crime is a third item to consider with Galazin referencing crime rate maps provided as part of the presentation. The LCB passed rules prohibiting marijuana uses from locating within 1000 feet of the elementary and secondary schools, playgrounds, recreational centers, childcare centers, public parks, public transit centers, libraries, and certain game arcades. Those buffer areas are subject to change depending on where and when certain facilities open up. 2 Planner Katie Graves described: 'marijuana production' presenting four zoning options defined as Options: A, B, C and D; 'marijuana processing' presenting three zoning options defined as Options A, B and C; and marijuana retail' presenting five zoning options defined as Options A, B, C, D, and E. Additional options proposed by staff includes: limiting how marijuana producers, processors and retailers operate; not allowing these uses to operate as an accessory to a primary use or as a home occupation; requiring all activities to occur indoors, mitigating for significant adverse impacts and requiring that marijuana uses be designed to include features that prevent odors from impacting other uses. Graves stated that indoor facilities may be more equipped to properly vent odors as well as address security concerns. Marijuana production and processing may create odor impacts to the surrounding area. Staff is recommending adoption of the following language: "Marijuana producers, processors, and retailers shall not operate as accessory to a primary use or as a home occupation. All activities shall occur within an enclosed structure and shall be designed, located, constructed, and buffered to blend in with its surroundings and mitigate significant adverse impacts on adjoining properties and the community, and special attention shall be given to minimize odor, noise, light, glare, and traffic impacts. Marijuana uses shall be designed to include controls and features to prevent odors from traveling off site and being detected from a public right-of-way, or other properties or uses." Graves stated that should the Board recommend allowing marijuana uses in Kent, staff recommends Option B to allow marijuana production only within the M-3 General Industrial District, as the M-3 zone is designed for industrial activity that have unusual or potentially negative or harmful operational characteristics. Staff recommends Option B for both the production and processing of marijuana as those two processes can be located together to benefit from tax breaks. Staff recommends Option B to allow retail sales only in the GWC (Gateway Commercial) zoning district, as this zone is not heavily impacted by those 1000 foot buffer restrictions imposed by the LCB, and the GWC district is generally not an area with higher crime rates, nor is the GWC located in close proximity to residential zoning districts. Galazin reported on a bill passed by Legislation on June 121h that dealt with the production of marijuana concentrates. Marijuana concentrates are developed through an extraction process to produce the kind of oils that may be used the same way as the E-cigarette vaporizer pens. The processes involved to extract those oils could be potentially dangerous and staff does not yet know what the impacts will be from that process. The law now allows marijuana processors to produce this type of product and sell it. Galazin spoke about the law and rules governing the issuance or approval process associated with licensing of marijuana production, processing and retail facilities, as controlled by the LCB. Galazin addressed questions raised by the Board with respect to LCB, Federal, State and local jurisdictional authorities, rules, regulations, tax revenues, and the technicalities associated with licensing of recreational marijuana facilities. Galazin cited the rules Section 314-55-104 that speaks to the marijuana processor license extraction requirements. Graves submitted for the record, an email received from Grant Girdner, dated June 23, 2014 and defined as Exhibit #3, commenting in support of marijuana production, processing and retail sales citing specific zones he would favor for those uses. W PB Minutes June 23,2014 Page 2 of 3 Ottini MOVED and Smith SECONDED a Motion to accept an email submitted for the record from Grant Girdner into the record, Motion PASSED 6-0, Ottini MOVED and Jones SECONDED a Motion to Open the Public Hearing whereupon Ottini declared the public hearing open, Paul Nickelson, 1217 E Walnut, spoke in favor of supporting the recreational marijuana processing, production and retail entities in Kent; recommending that the Production Option B and C be combined. He encouraged the Board to allow for more flexibility for both the distribution and retail aspects of the businesses. Jeff Piecewicz, 14100 SE 282"' St, spoke in opposition to recreational marijuana and stated that he supports a total ban on marijuana franchising based on business liability, economic development and social degradation issues. Kirsten Brown, 6123 S 242"' Place, Kent, WA spoke in opposition to recreational marijuana facilities and favors banning marijuana production, processing or retail within Kent. She spoke about research she conducted outlining the negative health and safety risks associated with the use of marijuana. Tyler Jones, 2826 103r' PI NE, Bellevue, WA stated that he is the owner and applicant of the Orchard View West, who has applied for a producer and processor license in Kent. He spoke of his food manufacturing background comparing the marijuana industry as similar in nature. Jones stated that he is proposing locating his facility in the M-2 zoning district, urging the Board to expand the zoning district beyond the M-3 zone. Jones stated that if the facility is sited in Kent, the business will be conducted professionally and responsibly. Donna Payne, PO Box 196, Auburn, WA stated that she lives on West Hill near Pacific Highway in one of the highest crime areas in town. She spoke in support of speakers two and three, stating that she is vehemently opposed to the use of marijuana and believes that Kent needs to take a stand against allowing these facilities in Kent. Gary D Jones, 12515 Bel Red Road, Bellevue, WA stated that he is advocating on behalf of the applicant to receive their production-processor license in Kent. He urged the Board to expand zoning to include the M-2 zoning district for production and processing of recreational marijuana. Jim Schack, 24615 142"' Ave SE, Kent, WA spoke in opposition to allowing Recreational Marijuana Facilities in Kent asking the Board to take a stand and vote for Option A to not permit marijuana use in Kent. Seeing no further speakers, Ottini MOVED and Phillips SECONDED a Motion to close the Public Hearing. Motion PASSED 6-0. Board Members Cornelius, Ottini, Smith, Phillips, Gill, and Jones expressed opinions on why they oppose recreational marijuana production, processing or retail facilities in Kent. Upon concluding deliberations, Cornelius MOVED and Phillips SECONDED a Motion to recommend to the City Council Option A for Recreational Marijuana Retail and Uses by Businesses Validly-Licensed by the Washington State Liquor Control Board to not allow marijuana retail sales in any zoning district. All members voted in favor, Motion PASSED 6-0, Jones MOVED and Gill SECONDED A Motion to recommend to the City Council Option 8 for recreational marijuana processing land uses by Businesses validly- licensed by the Washington State Liquor Control Board to allow marijuana W PB Minutes June 23,2014 Page 3 of 4 processing only in the M3 General Industrial District. MOTION FAILED 3-3 with Ottini, Phillips, and Cornelius voting in opposition, and Gill, Jones, and Smith voting in favor of the Motion. Galazin recommended the Board make a motion to reconsider; whereupon Cornelius MOVED and Board Member Phillips SECONDED a Motion to Reconsider. MOTION PASSED 6-0. Ottini MOVED and Phillips SECONDED a Motion to recommend to the City Council Option B For recreational marijuana processing land uses by businesses validly- licensed by the Washington State Liquor Control Board Only in the M-3 General Industrial District. MOTION FAILED 4-2 with Ottini, Phillips, Cornelius and Smith voting in opposition, and Gill and Jones voting in favor of the Motion. Cornelius MOVED and Phillips SECONDED a Motion to recommend to the City Council Option A for recreational marijuana production land uses by businesses validly-licensed by the Washington State Liquor Control Board to not allow marijuana production in any Zoning District. MOTION PASSED 4-2 With Ottini, Phillips, Cornelius, and Smith voting in favor, and Gill and Jones voting in opposition to the Motion. Satterstrom stated that the Land Use and Planning Board will hold a workshop on July 14thto consider the Riverbend Amendments. The Recreational Marijuana issue will tentatively go to City Council Workshop on July 151h. Adiournment Seeing no further business to come before the Board, Ottini MOVED and Gill SECONDED a Motion to Close the Public Meeting. Motion PASSED. Meeting was adjourned at 7:05 pm. Charlene Anderson, AICP, Planning Manager/Board Secretary W PB Minutes June 23,2014 Page 4 of4 5 ECONOMIC and COMMUNITY DEVELOPMENT Ben Wolters, Director PLANNING DIVISION Fred N. Satterstrom, AICP, Planning Director KENT Charlene Anderson, AICP, Manager wAs�, ��.o� Phone: 253-856-5454 Fax: 253-856-6454 Address: 220 Fourth Avenue S Kent, WA 98032-5895 July 23, 2014 TO: Chair Jack Ottini and Land Use & Planning Board Members FROM: Fred Satterstrom, AICP, Planning Director Erin George, AICP, Senior Planner RE: Riverbend Surplus Property Comprehensive Plan Amendment and Rezone (CPA-2014-1 and CPZ-2014-1) For Public Hearing of July 28, 2014 MOTION: Recommend to the City Council approval of Option 2, a comprehensive plan land use designation of MU, Mixed Use and a zoning designation of GC-MU, General Commercial-Mixed Use for the Riverbend Surplus Property. BACKGROUND: At their May 6th meeting, City Council approved Resolution #1883, which authorized staff to move forward with a comprehensive plan amendment on the Riverbend Surplus Property site. Currently, in light of its present use as a golf course, the site is zoned for low intensity land uses (SR-1) and its designation in the comprehensive plan is Open Space. Discussions with the City Council have envisioned a more urban, mixed use scenario which would require a change in zoning and comprehensive plan designations. At the June 91h and July 141h LUPB workshops, staff discussed four land use and zoning designation options with the Board. SEPA environmental review has been completed for this proposal and a Determination of Non-Significance was issued on July 23, 2014. DISCUSSION: The location and physical characteristics of the Riverbend surplus site create opportunities as well as potential limitations that need to be considered when choosing land use and zoning designations (see map in Attachment 1). With 23 acres of flat property and 1,500 feet of frontage on Meeker Street, the site lends itself to a variety of potential land uses such as retail, office, hotel or multi-family residential. Located just east of a major intersection with State Route 516, the site enjoys easy access to Interstate 5 and State Route 167, which are desirable factors for commercial and office uses. MEMORANDUM: 6 LUPB Public Hearing July 28, 2014 Page 2 Two thousand feet of river and trail frontage provide recreational and view opportunities, while also presenting limitations due to shoreline regulations. Developments within 200 feet of the river are limited to water-related commercial uses no higher than 35 feet and must provide public access to the shoreline. Residential uses are not permitted within 200 feet. Despite these constraints, such a large site could easily accommodate residential or office uses outside the 200 feet, with a water-related use such as a restaurant with views and outdoor dining areas closer to the river. Choosing the zoning for this site will shape what future development could be, and must consider not only the site characteristics but also community vision and market demand. With the recent Downtown Subarea Action Plan, the boundaries of downtown were extended west to 64th Avenue South, reflecting "the relevance of areas located west ... of the current boundaries to the economic vitality of, and synergy with what is traditionally considered the downtown." (DSAP page 4-1) Given this expansion, the Riverbend Surplus site could be considered a gateway to downtown Kent. The DSAP pursues a dense, mixed-use urban center and specifically seeks to increase the mix of uses by expanding GC-MU zoning further west to 64th Avenue South. With City Council's goal of urban, mixed use development in mind, staff will present four zoning options for the Board's consideration. Two of the options are mixed use, one is residential only and the last is a "no action" alternative. Refer to the tables in Attachment 2 for a detailed comparison of uses and standards for each zoning district, with a brief summary provided here: Option 1: MCR, Midway Commercial Residential Recently created by the Midway Subarea Plan Allows mixed use, retail, office, hotel, multifamily residential Prohibits auto-oriented uses such as auto repair, car sales and drive through Ensures quality development through Midway Design Guidelines Minor change to Zoning Code needed to ensure Midway Design Guidelines apply outside Transit Oriented Community (TOC) comprehensive plan land use designation 200 foot height limit allows design flexibility, but may not be appropriate in this location Mixed Use (MU) comprehensive plan land use designation is the natural choice to support this zoning designation TOC land use designation is an option, but was intended to surround a light rail station Option 2: GC-MU, General Commercial Mixed Use • Broad mix of uses allowed • Recent re-zoning in Downtown Strategic Action Plan brought GC-MU further west to 64th Avenue South MEMORANDUM: 7 LUPB Public Hearing July 28, 2014 Page 3 65 foot height limit; may be extended to 81 feet with administrative variance Multifamily residential must include 5% commercial use (as a percentage of total square footage) A wide variety of commercial uses are allowed, including auto-oriented uses Mixed Use Design Review required Mixed Use (MU) comprehensive plan land use designation could support this zoning district Option 3: MR-M, Medium Density Multifamily Residential • MR-M zoning exists on land located adjacent to the east • Multifamily residential is primary allowed use • No commercial use is allowed • Medium Density Multifamily Residential (MDMF) comprehensive plan land use designation could support this zone Option 4: No Action (SR-1, Residential Agricultural) • Allows low density single family residential (1 unit per acre) • Clustering required with 50% open space • Agricultural and open space uses allowed • No commercial use is allowed • Open Space (OS) comprehensive plan land use designation would remain Given Council's vision for a mixed use development, Options 1 and 2 are both good choices. Option 1 (MCR) would ensure quality, urban, pedestrian-friendly development but does not require residential projects to include commercial. While the highest building likely to be built on the site is 80 feet, the 200 foot height limit in the MCR district may not be appropriate in this location. Option 2 (GC-MU) could achieve similar quality through Mixed Use Design Review with a shorter height limit of 65 feet. With the recent extension of GC-MU as part of the DSAP, selecting Option 2 would ensure consistency with the surrounding area. The following criteria (KCC 12.02.050) are used by the City Council to evaluate a request for a Comprehensive Plan Amendment, which shall only be granted if the City Council determines that the request is consistent with these criteria: COMPREHENSIVE PLAN AMENDMENT CRITERIA 1. The amendment will not result in development that will adversely affect the public health, safety, and general welfare. Any future development on the site will have to meet applicable land development and building codes, including mitigation of environmental impacts. Therefore, the proposed amendment will not adversely affect the health, safety and general welfare of the citizens of Kent. MEMORANDUM: 8 LUPB Public Hearing July 28, 2014 Page 4 2. The amendment is based upon new information that was not available at the time of adoption of the comprehensive plan, or that circumstances have changed since the adoption of the plan that warrant an amendment to the plan. At the time of adoption of the Comprehensive Plan in 1995 and the subsequent update in 2004, the Par 3 golf course was not expected to change to any other use, so it was designated OS, Open Space. Since that time, the fiscal sustainability of the City's golf operations has come into question. City Council has directed staff to prepare the Riverbend surplus property (Par 3) for possible sale to a developer, with the goal of building a mixed use development on the site in the future. Furthermore, the Downtown Subarea Plan (DSAP) was adopted by City Council in 2013, which expanded the boundaries of downtown west of SR 167 to 64th Avenue South. The DSAP also expanded the mixed use overlay in the same area, bringing the GC-MU zoning boundary closer to the subject parcel and setting the stage for redevelopment along Meeker Street. Based on the above new information, it is appropriate to re-evaluate the land use plan map designation of the Riverbend surplus property. 3. The amendment will result in long-term benefits to the community as a whole and is in the best interest of the community. The Par 3 golf course currently provides shorter fairways that are well suited to young or beginning golfers as well as senior golfers. Displacement of the Par 3 course will cause a loss of recreational golf opportunities that the City plans to mitigate by two means. First, by developing a golf training facility on the vacant two acre area next to the driving range; and second, by adding forward-tee boxes to the standard 18-hole Riverbend course. Improving the fiscal sustainability of the City's golf operations will be a long-term benefit for golfers and the community, by ensuring the continuing operation of the rest of the Riverbend Golf Complex. The proposed amendment would enable development of the site, which depending on the option chosen, would eventually generate jobs, housing units, property tax revenue and/or sales tax revenue for the City. Creation of jobs, housing and public revenue are also long-term benefits for the community as a whole. 4. The amendment is consistent with other goals and policies of the comprehensive plan, and that the amendment will maintain concurrency between the land use, transportation, and capital facilities elements of the plan. Selection of option 1, 2 or 3 would support Comprehensive Plan goals and policies regarding mixed use development and housing: goals LU-6, LU-9, LU-10 and ED-3.2 and policies LU-6.1, LU-6.2, LU-9.1, LU-9.4, LU-10.1, LU- 10.2, ED-3.2 and ED-3.5. Concurrency will be ensured through requiring MEMORANDUM: 9 LUPB Public Hearing July 28, 2014 Page 5 transportation and utility improvements and impact fees at the time of development. The following criteria (KCC 15.09.050.C) are used by the City Council to evaluate a request for a rezone. Such an amendment shall only be granted if the City Council determines that the request is consistent with these criteria: REZONE CRITERIA 1. The proposed rezone is consistent with the comprehensive plan. The Comprehensive Plan Land Use Map currently designates the subject property as OS, Open Space. As the proposed rezone is accompanied by a proposed Comprehensive Plan Land Use Map amendment, the rezone option chosen will be consistent with the relevant Comprehensive Plan land use designation. If option 1 or 2 is chosen, the corresponding land use designation will be MU, Mixed Use. If option 3 is chosen, the land use designation will be MDMF, Medium Density Multifamily Residential. As mentioned above, the proposed rezone is also consistent with the applicable goals and policies in the Comprehensive Plan. 2. The proposed rezone and subsequent development of the site would be compatible with development in the vicinity. The Zoning Code allows a variety of uses in the GC-MU and MCR districts, including multifamily residential, retail, restaurant, office and service uses. The MR-M district allows multifamily residential uses. These potential uses would be compatible with the existing mix of multifamily housing, golf complex and service uses along Meeker Street. More specifically, the Riverbend 18-hole Golf Course is located directly across Meeker Street to the north, including a pro shop and restaurant. A Best Western hotel and several restaurants are located to the northeast. The Colony Park Apartments (24 units) are located immediately adjacent to the subject site, with the Riverbend driving range and miniature golf course east of that. Further east are two large garden-style apartment complexes. The City's Old Fishing Hole Park is located west of the site, across the Green River. Vacant property to the south, also across the Green River, is owned by King County and the City of Kent, and is planned for a salmon habitat restoration project. Any of the proposed zoning options will complement existing uses by providing services and potential employment for nearby residents (if commercial) and potential customers for nearby businesses (if residential). The Zoning Code prohibits incompatible uses, such as industrial, in the proposed zoning districts. 3. The proposed rezone will not unduly burden the transportation system in the vicinity of the property with significant adverse impacts which cannot be mitigated. MEMORANDUM: 10 LUPB Public Hearing July 28, 2014 Page 6 The proposed rezone of this property will not generate additional trips onto the existing transportation system at this time. However, subsequent development will add trips depending on the type of development proposed. The specific traffic impact will be quantified at the time of development permit review, and appropriate mitigation will be identified at that time. Such mitigation will include payment of traffic impact fees, and likely construction of or financial contribution towards a Meeker Street widening project as identified in the City's Transportation Master Plan. 4. Circumstances have changed substantially since the establishment of the current zoning district to warrant the proposed rezone. The subject parcel was annexed to the City of Kent in 1958 and was originally used for agriculture. The Colony Park apartments were constructed in 1968 along with the Par 3 golf course and driving range, which were part of the apartment complex. The City bought the Par 3 course from Colony Park Apartments in 1981. At the time of adoption of the Comprehensive Plan in 1995 and the subsequent update in 2004, the Par 3 golf course was not expected to change to any other use, so it was designated OS, Open Space. Since that time, the fiscal sustainability of the City's golf operations has come into question. City Council has directed staff to prepare the Riverbend surplus property (Par 3) for possible sale to a developer, with the goal of building a mixed use development on the site in the future. Furthermore, the Downtown Subarea Plan (DSAP) was recently adopted by City Council in 2013, which expanded the boundaries of downtown west of SR 167 to 64th Avenue South. The DSAP also expanded the mixed use overlay in the same area, bringing the GC-MU zoning boundary closer to the subject parcel. Based on the above new information, it is appropriate to re-evaluate the zoning designation of the Riverbend surplus property. S. The proposed rezone will not adversely affect the health, safety and general welfare of the citizens of the city. The proposed rezone is consistent with the intent of the Comprehensive Plan. Additionally, subsequent development on the site will have to meet applicable codes and regulations, including mitigation of anticipated environmental impacts. Therefore, the rezone proposal will not adversely affect the health, safety or general welfare of the citizens of Kent. In addition to the above rezone criteria, the City Council shall also evaluate a request for expanding the mixed use overlay on the basis of the following criteria: REZONE TO MD(ED USE OVERLAY CRITERIA 1. The proposed rezone is contiguous to an existing mixed use overlay area, or is at least one (1) acre in size. MEMORANDUM: 11 LUPB Public Hearing July 28, 2014 Page 7 The portion of the subject parcel proposed to be rezoned is 23 acres in size. An existing mixed use overlay area is also located nearby at the northeast corner of Meeker Street and Russell Road. 2. The proposed area is located within close proximity to existing residential uses and existing commercial uses which would support residential use. The Riverbend Surplus Property is located near several existing apartment complexes and a variety of retail, restaurant and service uses. More specifically, a restaurant is located directly across Meeker Street, within the Riverbend Golf Complex. A Best Western hotel and several restaurants are also located to the northeast. The Colony Park Apartments (24 units) are located immediately east of the subject site, and further east are two large garden-style apartment complexes. 3. The proposed area is located in close proximity to transit stops, parks, and community facilities. The Riverbend 18-hole Golf Course is located across Meeker Street to the north, including a pro shop and restaurant. A driving range and miniature golf course are also located to the east. The City's Old Fishing Hole Park is located west of the site, across the Green River. Metro bus routes 158, 159, 166 and 183 currently serve the site via a bus stop located on the south side of Meeker Street near the driving range. RECOMMENDATION: Staff recommends Option 2: GC-MU zoning with an MU land use designation. This option meets the criteria for rezones and the criteria for amendments to the Comprehensive Plan Land Use Map. Staff feels that GC-MU is the most appropriate zoning district for this site, given the existing zoning and development nearby and given City Council's vision for a mixed use development. While MCR allows mixed use, the 200 foot height limit is not appropriate in the valley or near the Green River. GC-MU's 65 foot height limit is more reasonable. GC-MU allows auto-oriented commercial uses (while MCR does not); however, the City will use the RFP process and a development agreement to ensure a desirable use is selected and that the finished product is high quality and attractive. EG:pm \S:\Permit\Plan\COMP_PLAN_AMENDMENTS\2014\CPA-2014-1_Par3\LUPB\07-28-14_HearingStaffRpt.doc Enc: Attach 1- Site Map Attach 2- Land Use Comparison Table cc: Ben Wolters, Economic and Community Development Director Charlene Anderson,AICP, Planning Manager Matt Gilbert,AICP, Principal Planner Kurt Hanson, Economic Development Manager David Galazin,Assistant City Attorney Project File CPA-2014-1 and CPZ-2014-1 12 ATTACHMENT 1 M i w i r o/r i u � 2 it '(i+ri r t„ u cr' v ' M � NiWr L ft a (r r r i w rp� er ; r r �� 14 ATTACHMENT 2 15 '^ O O O O O O O O O O O O O O O O O O O O O O '^ } zzzzzzzzzzzzzzzzzzzzzz > v } O O O O O O O O O O O O O O O O O O O O } > > > z z z z z z z z z z z z z z z z z z z z E v Z o O L c Q Y a N f0 f0 f0 U G U U U U Q 0 E E E E W 0 0 0 0 T Ln N O O O O O ut ut ut ut ut ut ut ut ut ut ut ut ut ut ON 0 0 O O h0 p V Z V } } } } } } } } } } } } } } } } Z Z c Y t hn J VI VI VI VI � Q } } } } N hq } C C LU C W w N U a c � C U O L .2 v 2 ut ut ut ut d ut ut ut ut ut ut ut ut ut d C u J V O N N N v 2 N N N N O N N N N v 2 O O O O O O O O v Z } } } } U } } } } Z } } } } } U Z Z Z Z Z Z Z Z _ O Ln p ` fl Ln U/ Y � p c Z N ` W s m VI .y U O_ Y O 0 W f0 Y E V` L 1 O E O i _ u vt Y * L C -0b0 M ++ O ++ O c w Q +' N vt 0 .O _ L In +u+ t _ y O N U/ C tlD wt L L N 'V W t pp v -O -O O vt .N GW ' 7 O N p W N 40 _ L 2 40 .i C ro N U 0 t E v L U Co \ U_ C LL v ++ i C VI U/ ++ C f0 vt L p \ '� O u 'N C N O W L vt N 1' O C C S �, W O tlll O W .N L l.L W CL O C ++ N = p N ++ Y > L tlq u C W .0.. i LL Y w y L u K G ccOA m a c O `� ) O L O vt y0+ i E " Y .v �ibD E o w 3 �° v 0) +0 CC 0) F N \ O a Q 0. c� Q °� 3 -0 CC G W 0) 3 L O. O U/ 'O O O L N 10 � Q Q O Cop 'N C F f6 c .. O O J 16 v o v v v {n V1 M z O V1 V1 M N c-I c-I X E Y Z U w O O Ln CL C_ O V M O N w Ln O o O Q c-I Z Q Ln F � � Z c c W v v U � 0E .x O O O O W V O E Z Z Z 0 Z 0 O O Y Y } v v F .2 .2 O O W N N a O CL Ln V] Y Y C C J a Ln Ln Y Y N U v v v v N v N Q V w O C w C Y C Y O O J O J Z O °O Z ON Z Z W N CO w W N (U w w y O O W x 0 V) Vn V) X 0 W i [O O MU X K N 17 ECONOMIC and COMMUNITY DEVELOPMENT Ben Wolters, Director PLANNING DIVISION Fred N. Satterstrom, AICP, Planning Director KENT Charlene Anderson, AICP, Manager wAs�, ��.o� Phone: 253-856-5454 Fax: 253-856-6454 Address: 220 Fourth Avenue S Kent, WA 98032-5895 July 22, 2014 TO: Chair Jack Ottini and Land Use & Planning Board Members FROM: Fred Satterstrom, AICP, Planning Director Erin George, AICP, Senior Planner RE: Green River Corridor District Zoning Code Amendment (ZCA-2014-3) For Public Hearing of July 28, 2014 MOTION: Recommend to the City Council approval of Option 1, amending the Zoning Code to eliminate the Green River Corridor District height restriction and add GC-MU to the building length exception. BACKGROUND: At the July 14, 2014 LUPB workshop, staff discussed the possibility of eliminating the height restriction and revising the building length restriction within the Green River Corridor District (1,000 feet from the river), regulated by Kent City Code 15.08.260.0 (6) and (7). Building heights within the corridor would continue to be limited by development standards in the Zoning Code and Shoreline Master Program. SEPA environmental review has been completed for this proposal and a Determination of Non-Significance was issued on July 23, 2014. While crafting the Downtown Subarea Action Plan (DSAP) and expanding the downtown boundaries west of State Route 167, staff noted a Green River Corridor District requirement contained in the Zoning Code that limits building height to 35 feet and limits building length to 200 feet within 1,000 feet of the Green River. This standard conflicts with the new 65 foot height limit applied by the DSAP for the GC- MU zoning district, which includes portions of the downtown planning area that are also located within the Green River Corridor. The Shoreline Management Act was passed by the State Legislature in 1971, which applies to areas within 200 feet of shorelines such as the Green River. As required by the Act, the City adopted the City of Kent Shoreline Master Program (SMP) in 1974, which has been subsequently updated several times. Among other restrictions, the SMP restricts buildings within 200 feet of the Green River to 35 feet in height. Kent adopted the Green River Corridor District regulations in 1985 to provide an additional 800 foot corridor beyond the Green River shoreline zone protected from "land uses that would adversely affect the shoreline environment or MEMORANDUM: 18 LUPB Public Hearing July 28, 2014 Page 2 produce high volumes of traffic, and to preserve features with historic, cultural or educational significance." The regulations also implemented policies contained in the Valley Studies Program Land Use Study (1981) and Green River Corridor Plan (1980). DISCUSSION: Zoning district regulations, the Shoreline Master Program, and the Green River Corridor District standards each contain building height regulations. These regulations overlap and create an opportunity for simplification. The Shoreline Master Program applies only to development within 200 feet of the Green River and limits building heights within this zone to 35 feet, if views are impacted. The Green River Corridor District effectively extends this height limitation out to 1,000 feet from the river. Zoning district development standards also apply to riverside lands, and contain height limitations that vary by zoning district. Most of the zoning districts located within the Green River corridor imposes similar restrictions. Only one zone, GC-MU, allows basic building heights over 40 feet. The table below compares the various height standards. Regulations Basic Building Height Limit Shoreline Master 35 feet Program (200 ft.) Green River 35 feet Corridor (1,000 ft. Zoning Code, by zoning district: A-10 35 feet AG 35 feet** CM-2 35 feet* GC 35 feet* GC-MU 65 feet* M1 35 feet** M2 35 feet** MA 35 feet** MHP N/A MR-G 40 feet MR-M 40 feet SR-1 35 feet SR-8 30 feet * One additional story may be granted by the Planning Director. Additional stories beyond that may be granted by the Land Use & Planning Board. ** Additional height up to 4 stories or 60 feet may be granted with one additional foot of yard for each one additional foot of height. One additional story may be granted by the Planning Director. Additional stories beyond that may be granted by the Land Use & Planning Board. MEMORANDUM: 19 LUPB Public Hearing July 28, 2014 Page 3 As for building length, the Green River Corridor District regulations restrict buildings within the corridor to no more than 200 feet in length. However, buildings located in several industrial zones are allowed to exceed 200 feet in length if vegetative screening is provided. As development intensity in commercial zones is similar to that in industrial zones, also exempting GC-MU (the only commercial zone in the corridor) from this building length standard is logical. The Shoreline Master Program already requires a 15 foot landscape buffer between new buildings or parking lots and the Green River Trail. Furthermore, developments in the GC-MU zoning district must comply with design guidelines, which address blank walls. Staff will present four options for the Board's consideration: Option 1: Eliminate Green River Corridor District heiaht restriction; add GC- MU to building length exception • Resolves inconsistency with DSAP • Avoids duplication with Zoning Code and Shoreline Master Program (SMP) • Height within 200 feet of river will still be limited to 35 feet by SMP if views are impacted • Zoning Code will limit basic building height to 35 or 40 feet, except GC-MU, which is 65 feet • Buildings in GC-MU, M1, M2, M3, MA and M1-C could have walls over 200 feet in length if screened with plantings Option 2: Retain Green River Corridor District height limit except GC-MU; add GC-MU to building length exception • Resolves inconsistency with DSAP • Duplication with Zoning Code and SMP remains in zones other than GC-MU • Buildings in GC-MU, M1, M2, M3, MA and M1-C could have walls over 200 feet in length if screened with plantings Option 3: Retain Green River Corridor District height limit except GC-MU; no change to building length exception • Resolves inconsistency with DSAP • Duplication with Zoning Code and SMP remains in zones other than GC-MU • Buildings in M1, M2, M3, MA and M1-C could have walls over 200 feet in length if screened with plantings • Buildings in GC-MU could not exceed 200 feet in length Option 4: No action • Inconsistency with DSAP remains • Duplication with Zoning Code and SMP remains • All buildings within 1,000 feet of the river would continue to be limited to 35 feet in height • Buildings in M1, M2, M3, MA and M1-C could have walls over 200 feet in length if screened with plantings • Buildings in GC-MU could not exceed 200 feet in length RECOMMENDATION: Staff recommends Option 1, eliminating the Green River Corridor District height limitation and adding GC-MU to the building length MEMORANDUM: 20 LUPB Public Hearing July 28, 2014 Page 4 exception. Given the zoning and shoreline height restrictions already in place and the recent adoption of the DSAP, maintaining the 35-foot limitation in areas up to 1,000 feet from the Green River is no longer appropriate. Also, in light of shoreline landscape requirements and design guidelines, amending the building length exception to include GC-MU is logical. EG:pm\S:\Permit\Plan\ZONING_CODE AMENDMENTS\2014\ZCA-2014-3GreenRiverCorridorDist\LUPB\07-28-14 HeanngaaffRpt doc Enc: Attach 1- Green River Corridor Map cc: Ben Wolters, Economic and Community Development Director Charlene Anderson,AICP, Planning Manager David Galazin,Assistant City Attorney Project File ZCA-2014-3 ATTACHMENT f. Legend �� f Green River Corridor i ��•��• City Limits � lrU''u r a V IIIIII°1;,GWi r �n �s e� r e iA ri ,f V zz Planning ServiceS3 Location: 400 W. Gowe • Mail to: 220 41"Avenue South • Kent WA 98032-5895 Permit Center(253-856-5302 FAX: (253) 856-6412 www.c i.kent.wa.us/perm itcenter WASHINGTON Environmental Checklist Application For Public Notice Board and Application Fee...See Fee Schedule TO BE COMPLETED'BY STAFF: - -y p APPLICATION #: FgQ - 2019" ZZ KIVA#: Z)18 �C�6u RECEIVED BY: �� DATE: S 3a H PROCESSING FEE: A. STAFF REVIEW DETERMINED THAT PROJECT: / Meets the categorically exempt criteria. v Has no probable significant adverse _environmental impact(s) and application should be processed without further consideration of environmental effects. Has probable, significant impact(s) that can be mitigated through conditions. EIS not necessary. Has 'probable, significant adverse environmental impact(s). An Environmental Impact Statement will be prepared. An Environmental Impact Statement for this project has already been prepared. Signature of Responsible Official Date B. COMMENTS: C TYPE OF PERMIT OR ACTION REQUESTED: Comprehensive Plan map amendment zoning map amend mentproperty sale zoning code amendment,., 24 City of Kent Planning Services Environmental Checklist— Page 2 TO BE COMPLETED BY APPLICANT: A. BACKGROUND INFORMATION: "1." ` ' Name of Project: Riverbend Surplus Property sale 2. Name of Applicant: Kurt Hanson, Economic Development Manager Mailing Address: 400 W Gowe Kent WA 98032 Contact Person: Kurt Hanson, Economic Development Manager Telephone: 253.856.5454 (Note that all correspondence will be mailed to the applicant listed above.) 3. Applicant is (owner, agent, other): agent 4. Name of Legal Owner: City of Kent Parks and Community Services Department Telephone: 253.856.5100 Mailing Address: 400 W Gowe Kent WA 98032 5. Location. Give general location of proposed project (street address, nearest intersection of streets and section, township and range). The subject property is a 35 acre portion of Kent's Riverbend Golf Complex located at 2030 West Meeker Street in the SW quarter of section 23, township 22 range 4. This site includes the Riverbend golf driving range, mini-golf course and an 18 hole par-3 course. The par-3 portion of the site, which will be marketed for sale, is known as the Riverbend Surplus Property, a 24 acre area located on the western portion of the Riverbend Golf Complex parcel. Proposed amendments to Kent's zoning code will affectother properties in the city located along the banks of the Green River. 6. Legal description and tax identification number a. Legal description (if lengthy, attach as separate sheet): PORTIONS GOUT LOTS 4 & 5 IN SW QTR STIR 23-22-04 AND PORTION SE QTR NW QTR SD SEC 23 ALL LYING SLY OF STATE HWY NO 5-A & WLY OF JOHN DOWNEY RD NO 722 (54TH PLACE S) EXC PORTION THEREOF PLATTED AS COLONY PARK CONDO (VOL 31, 'PG 57) & EXC PORTION THEREOF DAF:' BEG ON CENTERLINE'SECONDARY ST HWY NO 5-A AT ENGINEER'S STATION 163+00 BACK= 163+48.2''AHEAD AS SHOWN ON STATE HWY MAP REVISED 19 MARCH 1957 `TH N63-53-30EI ALONG CENTERLINE OF SD HIGHWAY 549.68 FT TH S14-51-10E 301.01 FT TH S75- 08-50W 60.00 FT TH S14-51-10E 119.73 FT TO TPOB TH'CONTG S14'-51- 25 City of Kent Planning Services ' Environmental Checklist— Page 3 10E 166.14 FT TH N06-23-25E 55.20 FT TH N14-51-10W 76.19 FT TH N42-18- 10W '43.39JFT TO TPOB (AS DELINEATEDPER CITY OF=-KENT LOT LINE ADJUSTMENT NO LL'-94-29 RECORDING NO 9502160277) b. Tax identification number: 2322049011 7. Existing conditions: Give a general description of the property and existing improvements,size, topography, vegetation, soil, drainage, Natural features, etc. (if necessary, attach a separate sheet). This checklist contemplates zoning and comprehensive plan map changes, as well as future short platting that will affect tax parcel 2322049011 (the Riverbend Golf site) as well as zoning code changes that will affect all riverfront properties along the Green River in Kent. The Riverbend Golf site is developed with a golf driving range, a miniature golf course, and an 18 hole par-3 golf course all owned and operated by the City of Kent Parks Department. A two acre area on the east side of the site part of the Riverbend Golf site, but is currently unused. The Riverbend Surplus Property is the par-3 portion of the larger Riverbend Golf site and is approximately 24 acres in area. This site is the area contemplated for sale, rezone and comprehensive plan map change. The Riverbend Surplus Property is generally flat, except along the sloped banks of the Green River,which runs along the south and west borders of the site.A portion of the Green River Trail is located on the site, adjacent to the riverbank. Vegetation in this area is primarily golf course turf with interspersed ornamental evergreen and deciduous trees. Soils on the site are primarily Ur, Urban Land. 8. Site Area: Riverbend Golf site 35 acres; Riverbend Surplus Property 24 acres Site Dimensions: Riverbend Golf site approx.. 2,096 feet x 696 feet Riverbend Surplus Property approx.. 1,350 feet x 675 feet 9. Project description: Give a brief, complete description of the intended use of the property or project including all proposed uses, days and hours of operation and the size of the project and site. (Attach site plans as described in the instructions): On April 14, 2014 the Economic and Community Development Committee of the Kent City Council directed staff to begin developing changes to the City's zoning and Comprehensive plans necessary to entitle the Riverbend Surplus Property for sale and future development. On May 6th 2014, the Kent City Council passed an emergency resolution (Res. 1883)authorizing update of the City's Comprehensive Plan outside of the standard annual update. Per this direction, the City of Kent is considering marketing for sale a portion of its Riverbend ` 26 City of Kent Planning Services Environmental Checklist— Page 4 Golf Complex, referred to as the Riverbend Surplus Property.The Riverbend Surplus Property is an approximately 24 acre portion of tax parcel 2322049011, located at 2030 West Meeker Street and is the current site of the City's Par-3 golf course. Prior to sale of the property, the City Council is considering rezoning the Riverbend Surplus Property from its current designation of SR-1, Single Family to MCR, Midway Commercial Residential. In association with the contemplated rezone, the City Council is considering an amendment to the Comprehensive Plan Land Use Map that will change the designation of the Riverbend Surplus Property from OS, Open Space to MU, Mixed Use. The City Council is also considering amendments to the zoning code that would remove building height and wall length limitations from section Kent City Code 15,08.260 Green River Corridor District'regulations. Height regulations and building aesthetics regulations are found in other parts of the zoning code and design standards. Additionally, the City Council is contemplating an amendment to the zoning code section 15,09.045 that would require Midway Design Review on all MCR zoned properties. This would change the current requirement which only callsfor Midway Design Reviewon properties zoned MCR, MTC-1 and MTC-2 and designated TOC on the City's Comprehensive Plan Land Use map. Finally, priorto sale of the property,the City is contemplating a short subdivision of the entire Riverbend Golf site (parcel 2322049011) into 8 separate lots and a tract for the Green River Trail.The Riverbend Surplus Property is part of this larger parcel, which also includes a golf driving range, mini-golf course, associated parking and two acres of unused land. These other areas are not part of the contemplated sale or rezone. The larger site may also be affected by related zoning code amendments being contemplated by the City Council. 10. Schedule: Describe the timing or schedule(include phasing and construction dates, if possible). Consideration of zoning and comprehensive plan map amendments as well as zoning code amendments is expected to occur during the summer of 2014. A short plat of the property will likely be processed by the City of Kent during the fall and winter of 2014/2015. 11. Future Plans: Do you have any plans for future additions, expansion or further activity related to or connected with this proposal? If yes, explain. The City of Kent plans to issue a request for development proposals in the summer/fall of 2014 then enter into purchase and sale negotiations with the selected developer. The City expects that the new owner will propose development consistent with the updated zoning of the site. In order to ensure appropriate mitigation for actual,development impacts, the City expects that additional environmental analysis will be required prior to approval of site development permits. 12. Permits/Approvals: List all permits or approvals for this project from local,state,federal,or other agencies for which you have applied or will apply as required for your proposal. 27 City of Kent Planning Services Environmental Checklist—Page 5 DATE AGENCY PERMIT TYPE SUBMITTED* NUMBER STATUS** *Leave blank if not submitted **Approved, denied or pending 13. Environmental Information: List any environmental information you know about that has been prepared, or will be prepared, directly related to this proposal. 2008 City of Kent Transportation Master Plan, 14. Do you know whether applications are pending for governmental approvals of other proposals directly affecting the property covered by your proposal? If yes, explain. None are currently known. i il' 28 City of Kent Planning Services EVALUATION FOR Environmental Checklist— Page 6 AGENCY USE ONLY B. ENVIRONMENTAL ELEMENTS 1. Earth a. General description of the site (circle one) Flat, rolling, hilly, steep slopes, mountainous, other: The subject site is generally flat. Slopes of up to about 30%are located along the banks of the Green River. b. What is the steepest slope on the site (approximate percent slope)? Approximately 30%, located along the riverbank, between the OHWM of the Green River, and the Green River Trail. c. What general types of soils are found on the site (for example, clay, sand, gravel, peat, muck)? If you know the classification of agricultural soils, specify them and note any prime farmland. According to the USDA Web Soil Survey, soils on the Riverbend site are primarily Ur, Urban Land d. Are there surface indications or history of unstable soils in the immediate vicinity? If so, describe. No. e. Describe the purpose, type and approximate quantities of any filling or grading proposed. Indicate source of fill. No ground disturbing activities are currently proposed. Any future impacts will be analyzed prior to issuance of development permits. f. Could erosion occur as a result of clearing, construction, or use? If so, generally describe. No ground disturbing activities are currently proposed. Any future impacts will be analyzed prior to issuance of development permits. g. About what percent of the site will be covered with impervious surfaces after project construction (for example, asphalt or buildings)? No ground disturbing activities are currently proposed. Any future impacts will be analyzed prior to issuance of development permits. 29 City of Kent Planning Services EVALUATION-FOR Environmental Checklist— Page 7 AGENCY USE ONLY The MCR zoning district allows up to 80% building coverage, and does not include an impervious surface limitation. The City of Kent Surface Water Design Manual requires that stormwater quality and quantity control provisions be included with any development project. Future development will be subject to the requirements of this manual. h. Proposed measures to reduce or control erosion, or other impacts to the earth, if any. N/A 2. Air a. What types of emissions to the air would result from the proposal (i.e., dust, automobile, odors, and industrial wood smoke)during construction and when the project is completed? If any, generally describe and give approximate quantities if known. No emissions to the air are contemplated at this time. Any future emissions will be analyzed prior to issuance of development permits. b. Are there any off-site sources of emissions or odor that may affect your proposal? If so, generally describe. No emissions to the air are contemplated at this time. Any future emissions will be analyzed prior to issuance of development permits. c. Proposed measures to reduce or control emissions or other impacts to air, if any. NIA 3. Water a. Surface: 1) Is there any surface water.body on or in the immediate vicinity of the site (including year-round and seasonal streams, saltwater, lakes, ponds, wetlands)? If yes, describe type and provide names. If appropriate, state what stream or river it flows into. Yes. The Green River is a 93 mile long fresh water river that borders the western and southern edges of the site, portions of which are within the 200' jurisdictional area of the City of Kent Shoreline Master Program. The Green River is a salmonid bearing river that conveys water from the Crystal Mountain area to the Duwamish River and into Puget Sound. Flows range from summer lows near 300 CFS up i- 30 City of Kent Planning Services EVALUATION FOR Environmental Checklist— Page 8 AGENCY USE ONLY to 100-year flows at the project site near 12,000 CFS. The peaks of flood events up to the 100-year event are all.softened by operation of the Howard Hanson flood control dam near river mile 64. Historic flows in the Green River prior to construction of the dam in 1964 and rerouting of the tributary White River in the early 1900's were substantially higher. 2) Will the project require any work over, in or adjacent to (within 200 feet) the described waters? If yes, please describe and attach available plans. No ground disturbing or other water impacting work is currently contemplated. Any future development proposal will be required to analyze and mitigate for water related impacts prior to the issuance of development permits. Future development of the site will likely include work within 260 feet of the Green River,which will require a Shoreline Substantial Development Permit and compliance with the City's Shoreline Master Program. 3) Estimate the amount of fill and dredge material that would be placed in or removed from surface water or wetlands and indicate the area of the site that would be affected. Indicate the source of fill material. No ground disturbing or other water impacting work is currently contemplated. Any future development proposal will be required to analyze and mitigate for water related impacts prior to the issuance of development permits. 4) Will the proposal require surface water withdrawals or diversions? Give general description, purpose, and approximate quantities,if known. No ground disturbing or other water impacting work is currently contemplated. Any future development proposal will be required, to analyze and mitigate for water related impacts prior to the issuance of development permits. No surface water withdrawals or diversions are anticipated with future development. 5) Does the proposal lie within a 100-year floodplain? If so, note location on the site plan. No, per the 1995 FIRM. 6) Does the proposal involve any discharges of waste materials to surface waters? If so, describe the type of waste and anticipated 31 City of Kent Planning Services EVALUATION FOR Environmental Checklist— Page 9 AGENCY USE ONLY volume of discharge. No ground disturbing or other water impacting work is currently contemplated. Any future development proposal will be required to analyze and mitigate for water related impacts prior to the issuance of development permits. No discharge of waste materials is anticipated with future development as City Codes would prohibit such discharge. b. Ground: 1) Will ground water be withdrawn, or will water be discharged to ground water? Give general description, purpose, and approximate quantities, if known. No ground disturbing or other water impacting work is currently contemplated. Any future development proposal will be required to analyze and mitigate for water related impacts prior to the issuance of development permits. No groundwater withdrawals or discharges are anticipated with future development. 2) Describe waste material that will be discharged into the ground from septic tanks or other sources, if any (for example: domestic sewage; industrial, containing the following chemicals...; agricultural; etc.). Describe the general size of the system, the number of such systems, the number of houses to be served (if applicable), or the number of animals or humans the system(s) are expected to serve. No ground disturbing or other water impacting work is currently contemplated. Any future development proposal will be required to analyze and mitigate for water related impacts prior to the issuance of development permits. Future development will connect to the City's sanitary sewer system. c. Water Runoff(including storm water): 1) Describe the source of runoff(including storm water)and method of collection and disposal, if any (include quantities, if known). Where will this water flow? Will this water flow into other waters? If so, describe. No ground disturbing or other water impacting work is currently contemplated. Any future development proposal will be required City of Kent Planning Services EVALUATION FOR 32 Environmental Checklist— Page 10 AGENCY USE ONLY to analyze and mitigate for water related impacts prior to the issuance of development permits. Future development will generate stormwater runoff from new buildings and pavement. The City of Kent Surface Water Design Manual requires that stormwater quality and quantity control provisions be included with any site development. The requirements of this manual will be applied at the time of development plan review and will be part of any development project. 2) Could waste materials enter ground or surface waters? If so, generally describe. No ground disturbing or other water impacting work is currently contemplated. Any future development proposal will be required to analyze and mitigate for water related impacts prior to the issuance of development permits. As city codes require connection to the public stormwater sewer system, no such discharges are anticipated. d. Proposed measures to reduce or control surface,ground,and runoff water impacts, if any: N/A. No ground disturbing or other water impacting work is currently contemplated. Any future development proposal will be required to analyze and mitigate for water related impacts prior to the issuance of development permits: 4. Plants a. Check or circle types of vegetation found on the site: _x_Deciduous tree: alder, maple aspen, other _x_Evergreen tree: fir, cedar, pine, other Shrubs _x_Grass Pasture Crop or grain Wet soil plants: cattail, buttercup, bulrush, skunk cabbage, other 33 City of Kent Planning Services EVALUATION FOR Environmental Checklist— Page 11 AGENCY USE ONLY Water plants: water lily, eelgrass, milfoil, other Other types of vegetation b. What kind and amount of vegetation will be removed or altered? No removal of vegetation is currently contemplated. Future development will impact existing plants and will be analyzed during development permit review. c. List threatened or endangered species known to be on or near the site. No known listed plant species are known to exist within the project boundaries. d. Proposed landscaping, use of native plants, or other measures to preserve or enhance vegetation on the site, if any: No disturbance to existing plants is currently proposed. Kent's zoning code requires landscaping for new development projects, and will apply to any future development project. S. Animals a. Circle any birds and animals which have been observed on or near the site or are known to be on or near the site: Birds: hawk, heron, eagle, songbirds, other: Mammals: deer, bear, elk, beaver, other: rabbit, sguirrle Fish: bass, salmon, trout, herring, shellfish, other: b. List any threatened or endangered species known to be on or near the site: Threatened Chinook (Onchorynchus tschawyscha), steelhead (O. mykiss) and (possibly) bull trout (Salvelinus confluentus) may be found in the Green River adjacent to the project site. There is a known bald eagle nest located approximately 1 mile away from the project site, though this species has now been delisted. c. Is the site part of a migration route? If so, explain. Yes — Many species of anadromous salmon including those mentioned above as well as coho, pink and chum use the Green . 34 City of Kent Planning Services ( ( EVALUATION FOR Environmental Checklist— Page 12 AGENCY USE ONLY River as a migration corridor. The Green River is also a major pathway within the Pacific Flyway migratory bird route. d. Proposed measures to preserve or enhance wildlife, if any: No wildlife disturbing activities are currently proposed. Future development within 200 feet of the Green River will be subject to the provisions of the Kent's Shoreline Master Program, which requires shoreline restoration planting where feasible, as well as zoning code standards, which will require landscaping throughout the site. All site development will be subject to the City's stormwater quality and quantity control requirements and best-management practice requirements. 6. Energy and Natural Resources a. What kinds of energy(electric, natural gas, oil, wood stove, solar)will be used to meet the completed project's energy needs? Describe whether it will be used for heating, manufacturing, etc. N/A. No development is currently proposed. Future development under the MCR zoning designation could include a mix of uses that would use energy for a range of commercial, office and/or residential uses. c. Would your project affect the potential use of solar energy by adjacent properties? If so, generally describe. N/A d. What kinds of energy conservation features are included in the plans of this proposal? List other proposed measures to reduce or control energy impacts, if any: N/A 7. Environmental Health a. Are there any environmental health hazards, including exposure to toxic chemicals, risk of fire and explosion,spill, or hazardous waste,that could occur as a result of this proposal? If so, describe. The entire City of Kent is located within the Department of Ecology's Tacoma Smelter Plume study area. Based on the map at https://fortress.wa.gov/ecyNmeltersearch/ the site is located within an area where arsenic levels were detected at a rate of less than 20 parts per million. DOE recommends soil testing in areas where arsenic levels have been detected at more than 20 parts per million. 35 City of Kent Planning Services EVALUATION FOR Environmental Checklist— Page 13 AGENCY USE ONLY 1) Describe special emergency services that might be required. The site is served by the Kent Regional Fire Authority and the Kent Police Department. Impacts to these services will be considered at the time of development plan review. 2) Proposed measures to reduce or control environmental health hazards, if any: N/A b. Noise 1) What types of noise exist in the area which may affect your project (for example: traffic, equipment operation, other)? Noise from vehicles travelling along West Meeker Street and WA 516/Kent Des-Moines Road (located across the Green River from the site) may impact future development at the Riverbend Surplus site. 2) What types and levels of noise would be created by or associated with the project on a short-term or a long-term basis(for example: traffic, construction, operation, other)? Indicate what hours noise would come from the site. NIA. Noise impacts will be considered at the time of development plan review. 3) Proposed measures to reduce or control noise impacts, if any: N/A B. Land and Shoreline Use a. What is the current use of the site and adjacent properties? The Riverbend Golf site is developed with a golf driving range, a miniature golf course, and an 18 hole par-3 golf course.A two acre area on the east side of the site is vacant. Parcels that will be affected by contemplated zoning code amendments are located within the Green River Corridor District, which is defined in KCC 15.08.260 as: Two (2) strips of land each eight hundred (800) feet in width l,. 36 City of Kent Planning Services EVALUATION FOR Environmental Checklist— Page 14 AGENCY USE ONLY which begin at the north city limit line, on March 4, 1985, and end at the south city limit line, which south line ends in Section 30, Township 22 North, Range 5 East, W.M. Each strip shall be measured from each side of the Green River and the measurement shall be two hundred (200) feet from the ordinary high-waterline of the river, all in King County, Washington;except any portions thereof lying outside of the city limits. Various uses are located on parcels within the Green River Corridor District, in accordance with the land use limitations of the various zoning districts. These districts include A-10,Agricultural; AG Agricultural/General; CM-2, Commercial Manufacturing; GC, General Commercial; GC-MU, General Commercial/Mixed Use; M1, Industrial Park; M2, Limited Industrial; MA, Industrial Agricultural; MHP, Mobile Home Park; MR-G, Garden Density Multifamily; MR-M, Medium Density Multifamily; SR-1, Residential Agriculture; SR-8, Single Family; O, Office. Land to the north of the Riverbend Golf site is also part of the larger Riverbend Golf Complex, and is used as the standard 18 hole golf course. Land to the south, across the Green River is ,vacant, owned by King County. Other land to the south will be used for the planned Downey Farmstead salmon habitat restoration project, which is planned for construction in the spring of 2015. The 16 acre site east of the Riverbend Golf site is developed as a garden-style apartment complex. The City's Old Fishing Hole Park is located to the west of the site, across the Green River. The Colony Park Apartments, a 24 unit development in two buildings are located on a parcel that is surrounded by the Riverbend Golf site. The apartments are allowed access to W. Meeker Street via an easement over the Riverbend Golf site. b. Has the site been used for agriculture? If so, describe. The par-3 golf course and driving range were constructed with the Colony Park apartments in 1968. Prior to that time, the site was used for agriculture. Various properties within the Green River Corridor District are used for agriculture, primarily along the left bank of the river. c. Describe any structures on the site. Structures located on the Riverbend Golf site include an approximately 2,100 square foot pro-shop/club house building for the min-golf course and driving range, a shelter and netting poles for the driving range itself and an approximately 1,800 square foot clubhouse for the par-3 golf course. A 92 stall parking lot is also located near the driving range and mini-golf course. 37 City of Kent Planning Services EVALUATION FOR Environmental Checklist— Page 15 AGENCY USE ONLY d. Will any structures be demolished? If so, what? No buildings are currently proposed to be removed. However, future development will likely include removal of the par-3 clubhouse building. Numerous buildings are located within the Green River Corridor District, which includes all land within 1000 feet of the Green River, as it winds approximately 20 miles through Kent. e. What is the current zoning classification of the site? The western portion of the Riverbend Golf site is currently zoned SR-1, Residential Agriculture, and the eastern portion is zoned MR-M, Medium Density Multifamily. Various zoning districts are located within the Green River Corridor district. Kent City Code 15.04 includes development standards for each district,which include building height limitations. These limitations vary by zoning district. f. What is the current comprehensive plan designation of the site? The western portion of the Riverbend Golf site is currently designated OS, Open Space on the City's Comprehensive Plan Map, while the eastern portion is designated MDMF, Medium Density Multi-Family. g. If applicable, what is the current shoreline master program designation of the site? The Riverbend Golf site is designated Urban Conservancy-Open Space Properties located within the Green River Corridor District are designated High Intensity, Shoreline Residential, Urban Conservancy-Low Intensity and Urban Conservancy-Open Space. h. Has any part of the site been classified as an "environmentally sensitive" area? If so, specify. The Green River is a shoreline of state-wide significance located along the western and southern sides of the Riverbend Golf site, and within 1000 feet of all properties in the Green River Corridor District. No other sensitive areas have been identified on the Riverbend Golf site. Various stream, wetland and steep slope areas are located within the Green River Corridor District and are subject to Kent's Critical Area regulations. l 38 City of Kent Planning Services EVALUATION FOR Environmental Checklist— Page 16 AGENCY USE ONLY i. Approximately how many people would reside or work in the completed project? No project is currently proposed. However, the City Council is contemplating rezoning the Riverbend Surplus Property to MCR , Midway Commercial Residential. This zoning district allows multi-family townhomes and apartments, which would likely be part of a future redevelopment. Since the MCR zone also allows a number commercial uses in addition to multifamily residential,the precise mix of uses that will be part of future site development is difficult to know, and development scenarios could vary widely. Because of this uncertainty, additional environmental analysis will be required at the time a development proposal is submitted. For the purpose of the current analysis, Kent is relying on its recently completed portion of the forthcoming 2012 King County Buildable Lands Study which indicates that MCR zoned land is likely to build out with a mix of about 70%devoted to residential use and 30%devoted to commercial use. More detail on the housing build-out assumptions is included in section 9, below. HOUSING 2013 OFM estimates for Kent indicate that an average of 2.3 people reside in each unit in multifamily residential developments that include five units or more. Based on the assumptions in section 9, which assumes that 1,569 units will be built at this site, it is reasonable to expect that as many as 3,470 people might reside at this site if it is developed to MCR standards. JOBS A range of commercial uses are allowed in the MCR zoning district,these include hotels, grocery and drug stores, bulk retail stores,restaurants and bars, personal service shops, medical offices/facilities, business/professional offices, etc.A future development proposal could contain any mix of these uses (and others), in addition to residential uses. Again, following Kent's assumptions in its contribution to the King County Buildable Lands Study, 30% of the buildable land at the Riverbend Surplus Property is likely to be devoted to commercial use. Under the MCR zone, this area is about 5.5 acres, Since actual development scenarios may vary widely, for the purpose of _ this analysis, Kent is assuming that 300,000 square feet of office space and 100,000 square feet of retail shopping center might be located at the Riverbend Surplus site. Under this scenario, assuming job per 250 square feet of office space and 1 job per 500 square feet of retail space, approximately 1,200 office jobs and 200 retail jobs are likely to be located at the Riverbend Surplus site, if the zoning is changed to MCR. 39 City of Kent Planning Services EVALUATION FOR Environmental Checklist— Page 17 AGENCY USE ONLY j. Approximately how many people would the completed project displace? None. k. Proposed measures to avoid or reduce displacement impacts, if any: NIA I. Proposed measures to ensure the proposal is compatible with existing and projected land uses and plans, if any. N/A 9. Housing a. Approximately how many units would be provided, if any? Indicate whether high, middle, or low income housing. Approximately 1,509 housing units are likely to be located on the Riverbend Surplus Site. This conclusion rests on the following assumptions: 18.5 acres will be available for building at this site. This is based on the MCR zone allowing only 80% of the site to be occupied by building footprint. 1.) 70%of the buildable area on this site will be devoted to residential development and 30% to 'commercial development. This assumption is consistent with Kent's recently submitted portion of the forthcoming 2012 King County Buildable Lands Study,which reviewed likely development patterns for land in various zoning districts, including MCR. This yields approximately 12.85 acres residential land and 5.5 acres of commercial land. 2.) Residential buildings that will eventually be proposed on this site are likely to be similar to The Platform building, an apartment building currently under construction in Kent's downtown core. 3.) The floor-area-ratio (FAR)of The Platform project is 2.21,and the average unit is 820 square feet. 4.) Applying a 2.21 FAR to the 12.85 acres of the Riverbend Surplus Site likely to be developed with multi-family residential, at 820 square feet per unit yields 1,509 new multifamily units. 40 City of Kent Planning Services EVALUATION FOR Environmental Checklist— Page 18 AGENCY USE ONLY b. Approximately how many units, if any, would be eliminated? Indicate whether high, middle, or low income housing. None c. Proposed measures to reduce or control housing impacts, if any. N/A 10. Aesthetics a. What is the tallest height of any proposed structure(s), not including antennas; what is the principal exterior building material(s) proposed? No buildings are currently proposed at the Riverbend Surplus Property. All future proposed buildings will be subject to development standards found in the zoning code. These standards address elements such as setbacks, building height, maximum site coverage, etc. Also, the City Council is considering a change to the zoning code that will require Midway Design Review for development on all MCR, MTC-1 and MTC-2 parcels in the City. The Green River Corridor district was created by the Kent City Council in 1985 to provide additional protection to an 800 foot wide swath of land adjacent to the Green River beyond the 200 foot shoreline management zone. The regulations were to protect the area from land uses with adverse impacts, to preserve land features with historic cultural or educational significance and to ensure that urban development within this area was compatible with the open configuration of the Green River and its adjacent lands. The original development regulations have been relaxed on multiple occasions when the City Council found that the intent of the regulations had been met and that flexibility in design was desirable. The City Council is now considering amendments the Green River Corridor district regulations that would remove the 35 foot height limitation from these standards. Currently zoning district development regulations, the Shoreline Master Program, and the Green River Corridor District standards contain building height regulations. These regulations overlap and create an opportunity to consider simplification. The Shoreline Master Program applies only to development within 200 feet of the Green River and limits building heights within this 'zone to 35 feet. The Green River Corridor District effectively extends this height limitation out to 1,000 feet from the river. Zoning district development standards also apply to riverside lands, and contain height limitations that vary by zoning district. Most of the zoning districts located within the Green River corridor impose similar building height restrictions. Only one zone, GC-MU allows 41 City of Kent Planning Services EVALUATION FOR Environmental Checklist— Page 19 AGENCY USE ONLY building heights over 40 feet. The Riverbend Surplus Property is located within the Green River Corridor district. ° The contemplated zoning for this site is MCR, Midway Commercial Residential, which allows building heights up to 16 stoiries/200 feet. The table below compares the various height standards. Zoning Code, by zoning district: A-10 35 feet AG 35 feet CM-2 35 feet GC 35 feet GC-MU 65 feet M1 35 feet M2 35 feet MA 35 feet MCR 200 feet MHP N/A MR-G 40 feet MR-M 40 feet SR-1 35 feet SR-8 30 feet O 40 feet The proposed MCR designation for the Riverbend Surplus Property allows building heights up to 16 stories/200 feet. However, if future development resembles recent development in the Kent area, 5-6 stories is the tallest building likely to be proposed. Buildings proposed within the 200 foot shoreline jurisdictional area will continue to be limited to 35 feet in height b. What views in the immediate vicinity would be altered or obstructed? The Green River is located along thewestern and southern boundaries of the site. An opportunity will exist for future development to take advantage of these views. Potential view impacts to surrounding properties will be considered at the time of development plan review. c. Proposed measures to reduce or control aesthetic impacts, if any. The City Council is contemplating revisions that would require any development of the Riverbend Surplus Property to comply with Midway Design Review Guidelines. The purpose of the Midway Design Guidelines is to establish a flexible framework of design options for creating interesting and high quality commercial, multi-family residential 42 City of Kent Planning Services EVALUATION FOR Environmental Checklist— Page 20 AGENCY USE ONLY and public projects. While these guidelines were developed for redevelopment projects in the City's Midway area, they reflect the 21 st century architectural standards, promote unique,walkable development. These guidelines require that new development address a range of aesthetic elements and specifically require reduction of the height, bulk and scale of new structures as needed to mitigate adverse impacts to adjoining public amenities, including sidewalks, parks, and open space and to achieve an acceptable level of compatibility. This site specific approach to analyzing the impacts of building height, with sensitivity to adjacent uses such as the Green River provides design flexibility and environmental protection as appropriate for each proposal. The impact of removing the 35 foot height limitation from the Green River Corridor district regulations would be mitigated by zoning district height standards, which would continue to apply. 11. Light and Glare a. What type of light or glare will the proposals produce? What time of day would it mainly occur? This is currently unknown as no development is proposed at this time. Light and glare impacts will be considered at the time of development plan review. b. Could light or glare from the finished project be a safety hazard or interfere with views? Unknown at this time. c. What existing off-site sources of light or glare may affect your proposal? The Russell Road Sports Complex is located about'/mile to the north of the Riverbend Surplus site. Baseball and softball field lights from this facility may impact future development. d. Proposed measures to reduce or control light and glare impacts, if any. NIA 12. Recreation a. What designated and informal recreational opportunities are in the immediate vicinity? The Green River Trail is located around the southern and western edge of the site; the Riverbend par-3 course is currently located on the 43 City of Kent Planning Services EVALUATION FOR Environmental Checklist— Page 21 AGENCY USE ONLY Riverbend Surplus site; the 18 hole Riverbend Golf course is located north of the site along West Meeker Street; Riverbend golf driving range and mini-golf are immediately east of the Riverbend Surplus Site. b. Would the proposed project displace any existing recreational uses? If so, describe. The contemplated actions will allow for redevelopment of the Riverbend Surplus Site that will displace the 24 acre, 18 hole par-3 golf course. This golf course is operated by the City and supports the goal of providing golf opportunities for all ages and ability levels at the Riverbend Golf Complex. Par-3 golf courses feature shorter fairways that are well suited to young or beginning golfers as well senior golfers. These classes of golfers are the primary users of the course. c. Proposed measures to reduce or control impacts on recreation, including recreation opportunities to be provided by the project or applicant, if any. " Displacement of the Par-3 course will cause a loss of recreational golf opportunities that the City plans to mitigate by two means. First, by developing a golf training facility on the vacant two acre area next to the driving range, the City will provide beginner and junior golfers with enhanced instructional facilities. Though specific plans have not been developed, this area will include a couple of short holes. Also, forward-tee boxes will be added to the standard 18 hole Riverbend course. These forward tee-boxes will provide beginning, younger and senior golfers with the opportunity to play shortened holes, in a manner similar to the existing par-3 course. 13. Historic and Cultural Preservation a. Are there any places or objects listed on, or proposed for, national, state or local preservation registers known to be on or next to the site? If so, generally describe. None are known. According to the Washington State Department of Archaeology & Historic Preservation's online database at hftps://fortress.wa.gov/dahp/wisaard/, no places or objects associated with the Riverbend Golf site are identified. b. Generally describe any landmarks orevidence of historic, archaeological, scientific, or cultural importance known to be on or next to the site. None are known. c. Proposed measures to reduce or control impacts, if any. 44 City of Kent Planning Services ( EVALUATION FOR Environmental Checklist— Page 22 AGENCY USE ONLY During future development activities, should archaeological materials (e.g, bones, shell, stone tools, beads, ceramics, old bottles, hearths, etc.) or human remains be observed during project activities, all work in the immediate vicinity will stop to allow for consultation with state and tribal archaeological officials. 14. Transportation a. Identify public streets and highways serving the site, and describe proposed access to the existing street system. Show on site plans, if any. West Meeker Street is a located along the northern border of the Riverbend Golf site.This road is classified as a minor arterial in the City's Transportation Master Plan., Russell Road South is located on the eastern boundary of the site, and is classified as a local street. There are currently two driveways along West Meeker Street and no access points on Russell Road South. Future site development will likely include additional and/or relocated driveway access points. d. Is site currently served by public transit? If not, what is the approximate distance to the nearest transit stop? Metro bus routes 158, 159, 166 and 183 currently serve the site via a bus stop located on the south side of West Meeker Street near the Riverbend driving range. e. How many parking spaces would the completed project have? How many , would the project eliminate? No specific site development proposal is currently contemplated for the site. Parking will be provided as required by the Kent zoning code. f. Will the proposal require any new roads or streets,or improvements to existing roads or streets, not including driveways? If so, generally describe (indicate whether public or private). The City's 2008 Transportation Master Plan (TMP) includes an analysis of existing and projected demand, as well as required mitigation along the 2601^St/Reith Road/!Meeker St corridor between SR 99 to the west and Washington Avenue to the east. The TMP analysis concluded that the PM peak-hour Level of Service (LOS) along this corridor was at D in 2006, when traffic data was collected. The City's LOS standard for this corridor is E, as shown in table 5.5 of the TMP. This plan concluded that by 2030, traffic operations were expected to degrade along the 2601h St/Reith 45 City of Kent Planning Services EVALUATION FOR Environmental Checklist— Page 23 AGENCY USE ONLY Road/W Meeker St corridor, and that road widening and signal improvements are necessary if the corridor is to operate at LOS E in the future. Two street widening projects are identified in the City's 2008 Transportation Master Plan to meet this goal. Future development of the Riverbend Surplus Property will likely be required to participate financially and/or construct portions of the widening project. Based on an assumed development scenario of 1,509 mid-rise apartment units, 300,000 square feet of office space and 100,000 square feet of shopping center space (as discussed in sections 8 and 9 above), approximately 13,935 new daily and 1,557 new p.m. peak hour trips could be generated (based on ITE trip generation study numbers for mid-rise multi-family, office and shopping center land uses). This level of impact could require additional mitigation beyond that identified in the TMP. This traffic impact is based on a possible future development that could be allowed under MCR zoning limitations, but is necessarily very speculative at this early stage in the planning process. Market demand, financial feasibility, physical limitations of the site, as well as limitations that may result from application other development standards are all factors that may further limit scope, scale and impact a future development project. Further environmental analysis will be required to identify impacts and determine appropriate mitigation measures associated with a future development proposal. e. Will the project use (or occur in the immediate vicinity of)water, rail, or air transportation? If so, generally describe. No. (City of Kent Planning Services EVALUATION FOR 46 Environmental Checklist— Page 24 AGENCY USE ONLY f. How many vehicular trips per day would be generated by the completed project? If known, indicate when peak volumes would occur. Based on an assumed development scenario of 1,509 mid-rise apartment units, 300,000 square feet of office space and 100,000 square feet of shopping center space, approximately 13,935 new daily and 1,557 new p.m. peak hour trips could be generated. As this potential impact rests on speculative assumptions, further environmental analysis will be required to.identify impacts and determine appropriate mitigation measures when future development of the site is proposed. g. Proposed measures to reduce or control transportation impacts, if any. Future development of the Riverbend Surplus Property will be required to identify project-specific traffic impacts, and consider the need for mitigation measures beyond those identified in the TMP. The future development project will likely financially participate in and/or construct improvements along W Meeker Street. Future development will be subject to Kent's Traffic Impact Fee ordinance. When a 15. Public Services a. Would the project result in an increased need for public services (for example:fire protection, police protection, health care, schools, other)?If so, generally describe. Rezoning the Riverbend Surplus us site from SR-1 to MCR would allow for more intensive use, which would ultimately increase demand for public services in accordance with the ultimate use of the site. b. Proposed measures to reduce or control direct impacts on public services, if any. None at this time. 16. Utilities a. Circle utilities currently available at the site: electricity, natural gas,water, refuse service, telephone, sanitary sewer, septic system, other. b. Describe the utilities that are proposed for the project, the utilities 47 City of Kent Planning Services EVALUATION FOR Environmental Checklist— Page 25 AGENCY USE ONLY providing the service and the general construction activities on the site or in the immediate vicinity, which might be needed. City water, sanitary sewer and storm drainage lines are located along W Meeker Street and Russell Road S. A 24" King County Metro sanitary sewer line, a 12' City of Kent Water line and a 15" storm sewer line provide ample capacity to serve a future mixed use development at the Riverbend Surplus Site. Other utilities nec essary to serve future redevelopment of the Riverbend Surplus site will be the responsibility of the future owner. C. SIGNATURE The above answers are true and complete to the best of my knowledge. I understand that the lead agency is relying on them to make its decision. Signature: 17 Date: �' l 48 City of Kent Planning Services l EVALUATION FOR Environmental Checklist— Page 26 AGENCY USE ONLY DO NOT USE THIS SHEET FOR PROJECT ACTIONS D. SUPPLEMENTAL SHEET FOR NONPROJECT ACTIONS Because these questions are very general, it may helpful to read them in conjunction with the list of the elements of the environment. When answering these questions, be aware of the extent the proposal, orthe types of activities likely to result from the proposal, would affect the item at a greater intensity or at a faster rate than if the proposal were not implemented. Respond briefly and in general terms. 1. How would the proposal be likely to increase discharge to water;emission to air; production, storage, or release of toxic or hazardous substances; or production of noise? Rezoning the Riverbend Surplus Property from SR-1 to MCR will allow for intensive mixed-use development. Emissions and noise from vehicle trips and site activity that would be allowed at the site could increase. Zoning code changes are not likely to increase these impacts. Proposed measures to avoid or reduce such increases are: The Riverbend Surplus Property is well served by transit that will be available to future users of the site. This service will help to limit the need for automobiles at the site. 2. How would the proposal be likely to affect plants, animals, fish, or marine life? The proposed actions will enable redevelopment of the Riverbend Surplus Property. Redevelopment of the site will result in removal of golf course vegetation and the habitat that it creates. Planting requirements associated with the Kent's Shoreline Master Program will be applied if any development is proposed within the 200 foot shoreline jurisdiction area.Additional plantings within the shoreline area will have a beneficial effect on marine life in the Green River. Proposed measures to protect or conserve plants, animals, fish, or marine life? Future developmentwill complywith Kents landscaping, open space,and shoreline development regulations. 49 City of Kent Planning Services EVALUATION FOR Environmental Checklist— Page 27 AGENCY USE ONLY 3. How would the proposal be likely to deplete energy or natural resources? Redevelopment enabled by the proposed actions would allow for more intensive use of the Riverbend Surplus Property, as well as other sites riverfront lots affected by changes to the Green River Corridor District height and wall length regulations. Proposed measures to protect or conserve energy and natural resources are: All future new buildings will be subject to the Washington State Energy code. 4. How would the proposal be likely to use or affect environmentally sensitive areas or areas designated (or eligible or under study) for governmental protection; such as parks, wilderness, wild and scenic rivers,threatened or endangered species habitat, historic or cultural sites, wetlands, floodplains, or prime farmlands? Not likely. No parks or wilderness areas are part of the proposed actions. According to hftp://www.rivers.gov/washington.php,the Green River is not identified as a Wild and Scenic River, and no other rivers are located in Kent. Proposed measures to protect such resources or to avoid or reduce impacts are: Development within 200 feet of the OHWM of the river is subject to the provisions of the City's Shoreline Master Program. Future development on the site, regardless of zoning classification,will be subject to Kent's Critical Area Ordinance, which regulates development near wetlands, streams and steep slopes. Also, Kent City Code 14,09 regulates development activities in and around floodplain and floodway areas. Contemplated changes to building height and wall length along the Green River will not exempt future development from City standards that protect these resources. 5. How would the proposal be likely to affect land and shoreline use, including whether it would allow or encourage land or shoreline uses incompatible with existing plans? The proposed actions will not enable more intensive development within the 200 foot shoreline jurisdictional area. City of Kent Planning Services EVALUATION FOR 60 Environmental Checklist— Page 28. AGENCY USE ONLY The proposed sale, rezone, comprehensive plan amendment,future short plat and zoning code changes will allow for more intensive land use primarily at the Riverbend Surplus Property, and to a lesser extent as at some other riverside properties. One of the proposed zoning code changes is to remove the blanket 35 foot height limitation for the area 200 to 1000 feet away from the Green River on riverside parcels. Removing this height limitation will allow the zoning district based height limitation to control development within this area. The zoning district height limitations are as follows: Zoning Code, by zoningdistrict: A-10 35 feet AG 35 feet CM-2 35 feet GC 35 feet GC-MU 65 feet M1 35 feet M2 35 feet MA 35 feet MHP N/A MR-G 40 feet MR-M 40 feet SR-1 35 feet SR-8 30 feet O 40 feet A separate zoning code amendment would allow buildings on riverfront lots within the MCR and GC-MU zones to construct buildings with walls parallel to the river that are 200 feet long or greater. This allowance currently applies to riverfront lots in the MA, M1, M1-C, M2,and M3 districts. This allowance may allow a slight increase in land use intensity on riverfront lots. Sale of the Riverbend Surplus Property and the proposed rezone and comprehensive plan amendment would allow more intensive land use on the site. The MCR zone allows a range of commercial and residential activities that are not allowed under the site's current SR-1 zoning designation. The proposed zoning changes, and actions that affect the Riverbend Golf site and Riverbend Surplus site are not expected to conflict with existing plans. Proposed measures to avoid or reduce shoreline and land use impacts are: 51 City of Kent Planning Services EVALUATION FOR Environmental Checklist— Page 29 AGENCY USE ONLY Future development of the Riverbend Surplus Property, as well as other riverfront lots is subject to a range of adopted regulations that address impacts that may increase as more intensive land-use is allowed. These regulations address shoreline impacts, stream, wetland and steep slope protection, floodplain protection, stormwater management, building height, setbacks and lot coverage, architectural aesthetics, landscaping, signage limitations, traffic impacts, access management, utility system impacts, school impacts, light and glare, smoke, dust and odor impacts, hazardous material storage, building safety, fire protection requirements, etc. These regulations are applied during development plan review. 6. How would the proposal be likely to increase demands on transportation or public services and utilities? Based on an assumed development scenario of 1,509 mid-rise apartment units, 300,000 square feet of office space and 100,000 square feet of shopping center space, approximately 13,935 new daily and 1,577 new p.m. peak hour trips will be generated. Fire and Police services are provided by Kent Regional Fire Authority and the City of Kent respectively. The increased intensity land use may add demand for these services. Stormwater sewer, water service and sanitary sewer systems will be impacted by increased development intensity, but have adequate capacity to support commercial development at the Riverbend Surplus Property. Utility impacts resulting from the proposed zoning changes are expected to be negligible. Proposed measures to reduce or respond to such demand(s) are: Future development of the Riverbend Surplus Property will financially participate in and/or construct improvements to W Meeker Street. Future development will be subject to Kent's Traffic Impact Fee ordinance. 7. Identify, if possible,whether the proposal may conflict with local, state, or federal laws or requirements for the protection of the environment. No conflicts are known. 52 City of Kent Planning Services EVALUATION FOR Environmental Checklist— Page 30 AGENCY USE ONLY S: Perm it\Plan\ENV\2014\RIVERBEND SEPA_CHECKLIST.doc 63 COMMUNITY DEVELOPMENT Fred N. Satterstrom, Community Dev. Director PLANNING SERVICES Charlene Anderson, AICP, Planning Manager Phone: 253-856-5454 KENT Fax 253-856-6454 WASHINGToN Address: 220 Fourth Avenue S. Kent, WA 98032-5895 ENVIRONMENTAL REVIEW REPORT Decision Document CITY OF KENT RIVERBEND SURPLUS PROPERTY COMPREHENSIVE PLAN AMENDMENT AND ZONING DISTRICTS MAP AMENDMENT & GREEN RIVER CORRIDOR DISTRICT REGULATION AMENDMENT ENV-2014-22 KIVA# 2141804 Responsible Official: Charlene Anderson, AICP Prepared by: Matt Gilbert, AICP I. PROPOSAL The City of Kent is considering amendments to its Comprehensive Plan Land Use Map, Zoning Districts Map and zoning code amendments necessary to entitle the Riverbend Surplus Property for sale and future development. Comprehensive Plan amendments can be analyzed outside of the annual cycle as authorized by the Growth Management Act (RCW 36.70A.130) and Kent City Code Chapter 12.02. On May 6, 2014, the Kent City Council passed an emergency resolution (Res. 1883) authorizing consideration of these amendments. The Riverbend Surplus Property is an approximately 24-acre portion of a larger tax parcel 2322049011, located at 2030 West Meeker Street and is the current site of the City's par-3 golf course. Prior to sale of the property, the City Council is considering an amendment to the Comprehensive Plan Land Use Map that will change the designation of the Riverbend Surplus Property from OS, Parks and Open Space and MDMF, Medium Density Multifamily to MU, Mixed Use. Furthermore, the City Council is considering rezoning the Riverbend Surplus Property from its current designation of SR-1, Residential Agricultural. New zoning designations under consideration include MR-M, Medium Density Multifamily, GC-MU, General Commercial-Mixed Use, and MCR, Midway Commercial Residential. The Zoning Districts Map amendment contemplated in the submitted environmental checklist would rezone the Riverbend Surplus Property from SR-1, Residential Agricultural to MCR, Midway Commercial Residential. Potential future impacts of this change were identified, but no other zoning options that are under consideration were discussed. MCR was discussed because of the zoning districts under consideration; it allows the most intensive development while GC-MU and MR-M are more restrictive. This approach is useful when identifying environmental impacts, because the less 54 Decision Document City of Kent CPA and Implementing Zoning Map Amendments #ENV-2014-22 intensive zoning options would allow for less intensive development that would generate less environmental impact. Identifying the potential environmental impacts of this most intensive zoning option covers the other options that the Council might select for this site. The MCR zoning option and the associated potential for future impacts is included in this analysis. However, the intensity of future site development is unlikely to rise to the levels allowed under MCR. In order to inform policy-makers, stakeholders and the public of the more likely impacts, this analysis also contemplates development allowed under the GC- MU, General Commercial-Mixed Use zoning option. The GC-MU zone has a height limit of 65 feet and building coverage limitation of 60% and represents a more likely scenario for future site development and impacts. This approach is based primarily on the intensity of recent development in the Kent Valley and the physical limitations of valley soils to support tall buildings. Both MCR and GC-MU zones allow service, retail, office and hotel uses as well as a range of attached residential uses. In terms of development intensity, the MR-M Medium Density Multifamily option would allow for the least intensive redevelopment of the Riverbend Surplus Site. Contemplated amendments to the zoning code would remove building height and wall length limitations from section Kent City Code 15.08.260 Green River Corridor District regulations. Height regulations and building aesthetics regulations are found in other parts of the zoning code and design standards. Finally, prior to sale of the property, the City is contemplating a short subdivision of the entire Riverbend Golf site (parcel 2322049011) into no more than 8 separate lots and a tract for the Green River Trail. The Riverbend Surplus Property is part of this larger parcel, which also includes a golf driving range, mini-golf course, associated parking and two acres of unused land. These other areas are not part of the contemplated sale, comprehensive plan land use map amendment or rezone. The larger site may also be affected by related zoning code amendments being contemplated by the City Council. II. BACKGROUND INFORMATION Amending the City's Comprehensive Plan, zoning code and zoning districts map and marketing a city-owned property for sale are considered "non-project" actions under the State Environmental Policy Act (SEPA). Amendments to comprehensive plans are not project permit applications under ESHB 1724 and Kent City Code Chapter 12.01. The broad environmental impacts of the proposed action will be analyzed in this document. Future development proposals on the applicable sites will likely require subsequent environmental review in conjunction with construction permits and other appropriate project permit applications. The contemplated short plat is considered a project action, but is a categorically exempt land use decision per WAC 197.11.800. In addition to the above, Kent follows revisions to the Washington State Environmental Policy Act, Chapter 197-11 WAC (effective November 10, 1997), which implements ESHB 1724 and ESB 6094. Page 2 of 14 55 Decision Document City of Kent CPA and Implementing Zoning Map Amendments #ENV-2014-22 III. ENVIRONMENTAL ELEMENTS A. Earth The Riverbend Surplus Property is generally flat, though slopes of up to about 30% are located along the banks of the Green River. According to the USDA Web Soil Survey, soils on the Riverbend Surplus Property are primarily Ur, Urban Land. Sites located in the Green River Corridor District are also generally flat, but vary by site. No ground disturbing activities are currently proposed. None of the zoning designations under consideration for the Riverbend Surplus Property contain impervious surface limitations, though any stormwater runoff created by future development will be handled in accordance with City stormwater management requirements. Future site grading work will require development permits and will be subject to City and Department of Ecology grading and erosion control standards. B. Air Development under the contemplated actions could increase localized air pollutant emissions from new commercial uses, new residential uses (both of which contribute to regional vehicle travel and tailpipe emissions), and from construction activities. Construction emissions include dust from excavation and grading activities, diesel-powered engine emissions from construction vehicles and equipment, odors detectable to people in the vicinity of construction activities (such as paving operations) and increases in general traffic-related emissions due to delays caused by construction equipment and material hauling activity. Construction related emissions will be minimized through implementation of best management practices (BMPs) to control fugitive dust such as spraying bare soil during times of active construction, covering soil piles and preventing track-out of mud onto public streets. Construction activity and equipment must comply with relevant Puget Sound Clean Air Agency (PSCAA) regulations. However, despite compliance with such regulations, local construction-related emissions could cause temporary, localized impacts on air quality. Emissions from commercial operations could cause air pollution issues at nearby residential and recreation properties unless properly controlled. However, all new commercial facilities are required to register pollutant-emitting equipment with the Puget Sound Clean Air Agency (PSCAA) and comply with PSCAA standards to minimize emission. Therefore, it is unlikely that new commercial operations would cause significant air quality issues. Potential air quality impacts caused by increased tailpipe emissions are divided into two general categories: Carbon Monoxide (CO) hot-spots caused by localized emissions at heavily congested intersections and regional photochemical smog caused by combined emissions throughout the Puget Sound region. With respect to localized hot-spot air quality, it is unlikely that increased vehicle travel on existing public roads would cause significant localized Page 3 of 14 66 Decision Document City of Kent CPA and Implementing Zoning Map Amendments #ENV-2014-22 air pollutant concentrations at local intersections, forming a hot-spot. PSCAA has not indicated any exceedances over the past several years, and EPA's ongoing motor vehicle regulations have provided steady decreases in tailpipe emissions from vehicles, which possibly could more than offset the increase in vehicle traffic. In terms of regional impacts, although population and vehicle travel from the Riverbend Surplus Property would increase as a result of the contemplated actions, the increase in tailpipe emissions would be very small relative to the overall regional tailpipe emissions within the Puget Sound air basin. Based on the Puget Sound Regional Council's (PSRC's) air quality conformity analysis, forecasted regional emissions for its 2030 planning year are far below the allowable budgets. C. Water Subsequent development pursuant to the contemplated actions may increase the amount of impervious surface when development occurs. However, no ground disturbing or other water impacting work is currently contemplated. The Riverbend Surplus Property is located along the Green River. Portions of this site are within the 200 foot jurisdictional area of the City of Kent Shoreline Master Program. Properties within 1,000 feet of the Green River will be affected by contemplated changes to the Green River Corridor District regulations. The Green River is a salmonid bearing river that conveys water from the Crystal Mountain area to the Duwamish River and into Puget Sound. Flows range from summer lows near 300 CFS up to 100-year flows at the project site of nearly 12,000 CFS. The peaks of flood events up to the 100-year event are all softened by operation of the Howard Hanson flood control dam near river mile 64. Historic flows in the Green River, prior to construction of the dam in 1964 and rerouting of the tributary White River in the early 1900's, were substantially higher. Any future development proposal will be required to analyze and mitigate for water related impacts in conformance with local, state and federal standards. Future development proposed within 200 feet of the Green River will require a Shoreline Substantial Development Permit. D. Plants The Riverbend Surplus Property is currently landscaped with typical golf-course plantings such as deciduous and evergreen trees, shrubs and turf grass. Future development would likely result in removal of some existing plants. The landscape requirements of the GC-MU zoning district will require new landscaping in conjunction with future development. Changes to the Green River Corridor District Regulations related to wall length and building height are unlikely to cause impacts to plants beyond what is currently allowed. Any development located within 200 feet of the Green River will be subject to the Shoreline Master Program, which requires shoreline restoration planting where feasible. Page 4 of 14 57 Decision Document City of Kent CPA and Implementing Zoning Map Amendments #ENV-2014-22 E. Animals The Riverbend Surplus Property, as well as other land within the Green River Corridor district is adjacent to the Green River, and future development might have an effect on animals. Species that have been observed on or around the Riverbend Surplus Property include: hawk, heron, eagle, songbirds, rabbit and squirrel. Threatened Chinook (Onchorynchus tschawyscha), steelhead (O. mykiss) and (possibly) bull trout (Salvelinus confluentus) may be found in the Green River adjacent to the project site. Coho, pink and chum salmon are also known to use the Green River as a migration route. The Green River is a major pathway within the Pacific Flyway migratory bird route. No wildlife disturbing activities are currently proposed. Future development within 200 feet of the Green River will be subject to the provisions of Kent's Shoreline Master Program, which requires shoreline restoration planting where feasible, as well as compliance with zoning code standards, which will require landscaping throughout the site. F. Environmental Health The entire City of Kent is located within the Department of Ecology's Tacoma Smelter Plume study area. Based on the map at https://fortress.wa.gov/ecy/smeltersearch/ the Riverbend Surplus Property is located within an area where arsenic levels were detected at a rate of less than 20 parts per million. Other areas located in the Green River Corridor District are shown to contain arsenic levels of 20-40 parts per million. DOE recommends soil testing in areas where arsenic levels have been detected at more than 20 parts per million. Redevelopment at the Riverbend Surplus Property could increase noise impacts on the Colony Park Apartments, located to the east. Impacts will be assessed at the time of a specific development proposal. Traffic noise from Meeker Street and WA 516/Kent Des-Moines Road (located across the Green River from the site) could impact the Riverbend Surplus Site. G. Energy and Natural Resources While the contemplated actions will allow for more intense development than is currently allowed, the changes are unlikely to generate demand for energy or natural resources beyond what is typical within an urban area. The increase of residential densities and increase of land use intensity within the city limits serves as an alleviating factor on consumption of rural and natural resource lands outside of the urban growth boundary. H. Land and Shoreline Use CURRENT LAND USE PLAN MAP DESIGNATION AND ZONING OF PROPOSAL SITES The contemplated zoning districts map and comprehensive plan land use map amendments are for the western portion of parcel 2322049011. This western portion is known as the Riverbend Surplus Property and is currently designated OS, Parks and Open Space and MDMF, Medium Density Multifamily on the Page 5 of 14 58 Decision Document City of Kent CPA and Implementing Zoning Map Amendments #ENV-2014-22 City's Comprehensive Plan Land Use Map. The western portion is zoned SR-1, Residential Agricultural and MR-M, Medium Density Multifamily. The eastern portion of the parcel is designated MDMF, Medium Density Multifamily and is zoned MR-M, Medium Density Multifamily. The eastern portion of the parcel contains a golf driving range, a miniature golf course, and two acres of vacant land. The western portion is developed with a nine-hole par-3 golf course. The contemplated amendments would rezone the Riverbend Surplus Property to a more intensive multifamily or mixed-use zoning district and redesignate the site MU, Mixed Use on the City's Comprehensive Plan Land Use Map. Parcels that will be affected by contemplated zoning code amendments for the Green River Corridor District encompass an area within 1,000 feet of the river, defined in KCC 15.08.260 as: Two (2) strips of land each eight hundred(800) feet in width which begin at the north city limit line, on March 4, 1985, and end at the south city limit line, which south line ends in Section 30, Township 22 North, Range 5 East, W.M. Each strip shall be measured from each side of the Green River and the measurement shall be two hundred (200) feet from the ordinary high- water line of the river, all in King County, Washington, except any portions thereof lying outside of the city limits. Various uses are located on parcels within the Green River Corridor District, in accordance with the land use and development limitations of the various zoning districts. The zoning districts include: A-10, Agricultural; AG Agricultural/General; CM-2, Commercial Manufacturing; GC, General Commercial; GC-MU, General Commercial/Mixed Use; M1, Industrial Park; M2, Limited Industrial; MA, Industrial Agricultural; MHP, Mobile Home Park; MR-G, Low Density Multifamily Residential; MR-M, Medium Density Multifamily Residential; SR-1, Residential Agricultural; SR-8, Single Family Residential and O, Office. CURRENT LAND USE PLAN MAP DESIGNATION AND ZONING OF SURROUNDING SITES Land to the north of the Riverbend Surplus Property across West Meeker Street is also part of the larger City-owned Riverbend Golf Complex, and is used as the standard 18-hole golf course. Most of the land to the south, across the Green River is vacant and owned by the City of Kent. The Downey Farmstead salmon habitat restoration project, which is planned for construction in the spring of 2015, is located in this area. The 16 acre site east of Russell Road is developed as a garden-style apartment complex known as the Riverbend Apartment Homes. The City of Kent-owned Old Fishing Hole Park is located to the west of the site, across the Green River. The Colony Park Apartments, a 24 unit development in two buildings is located on a parcel that is surrounded by the Riverbend Golf site. These apartments take access to W. Meeker Street via an easement over the Riverbend Golf site. One of the purposes of the Comprehensive Plan Land Use Map and Zoning Districts Map/code amendment process is to assess whether the contemplated actions will result in land uses that are compatible with surrounding land uses. Page 6 of 14 59 Decision Document City of Kent CPA and Implementing Zoning Map Amendments #ENV-2014-22 Issues of compatibility will be analyzed by staff, the Land Use and Planning Board, and the City Council in determining whether or not to adopt the contemplated changes. SHORELINE The Green River is a shoreline of state-wide significance located along the western and southern sides of the Riverbend Golf site, and within 1000 feet of all properties in the Green River Corridor District. No other sensitive areas have been identified on the Riverbend Golf site. Various stream, wetland and steep slope areas are located within the Green River Corridor District and are subject to Kent's Critical Area regulations. Development located within 200 feet of the Green River is subject to the provisions of the City's Shoreline Master Program. POTENTIAL FUTURE DEVELOPMENT No development is currently proposed. However, the City Council is contemplating rezoning the Riverbend Surplus Property to either MCR-Midway Commercial Residential; GC-MU, General Commercial-Mixed Use or MR-M, Medium Density Multifamily. Each of these zoning districts allows multifamily townhomes and apartments which would likely be part of a future redevelopment. Because the MCR and GC-MU zones also allow a number of commercial uses in addition to multifamily residential, the precise mix of uses that will be part of future site development is difficult to know, and development scenarios could vary widely. Because of this uncertainty, additional environmental analysis will be required at the time a development proposal is submitted. The most likely-case scenario for future development intensity of the Riverbend Surplus Site is assumed to be consistent with the limitations of the GC-MU zone. This approach is being used primarily because, regardless of the development intensity allowed by zoning, market demand (as reflected by recent development in Kent) and the physical limitations of valley soils to support tall buildings will likely result in development less intense than the 200 foot tall buildings and 80% building coverage allowed in the MCR zone. Kent's recently completed portion of the forthcoming 2012 King County Buildable Lands Study indicates that GC-MU zoned land is likely to build out with a mix of about 70% devoted to commercial use and 30% devoted to residential use. This same study indicates that properties located in the MCR zone are likely to build out with mix of about 30% commercial and 70% residential. More detail on the housing build-out assumptions is included in section I. below. SOLAR ACCESS/SHADING The contemplated actions will allow the use of the Riverbend Surplus Property to change from open space to a more intensive mix of commercial and residential buildings that could be up to about 80 feet tall, given local soil conditions. The eastern-adjacent Colony Park Apartments are two-story buildings, and given their proximity to the Riverbend Surplus site are vulnerable to shadowing impacts from future buildings. Buildings that are significantly taller than nearby structures or that fail to provide upper-story setbacks have the potential to cast perpetual shadows on those properties, blocking solar access for any public and pedestrian spaces in these locations. In urban environments, solar access and shading Page 7 of 14 60 Decision Document City of Kent CPA and Implementing Zoning Map Amendments #ENV-2014-22 conditions are intrinsically linked to many factors including building height and bulk of buildings, the presence of trees on or near the property, and local topography. While some shading of adjacent structures is unavoidable in dense urban environments, it is desirable to reduce these effects as much as possible, particularly in relation to sensitive public and pedestrian spaces. Future development will be subject to additional environmental review, and the application of measures for the preservation of solar access, such as upper story setbacks and siting of buildings to avoid excessive shading should be considered at the time. HOUSING 2013 Washington State Office of Financial Management (OFM) estimates for Kent indicate that an average of 2.3 people reside in each multifamily unit, when the development includes five units or more. The Housing element of the submitted checklist uses this assumption in conjunction with assumptions about future development in the MCR zone from the forthcoming 2012 King County Buildable Lands Study. The checklist concluded that 1,509 housing units could be built on the Riverbend Surplus Property, resulting in 3,470 new residents. However, using assumptions from the Buildable Lands Study for the GC-MU zone, a more likely future development would result in 422 new residential units and 970 people residing at the site. According to the same report, the MR-M zone would likely yield about 250 units and 575 residents. JOBS A range of commercial uses is allowed in both the MCR and GC-MU zoning districts. These include hotels, grocery and drug stores, bulk retail stores, restaurants and bars, personal service shops, medical offices/facilities, business/professional offices and so forth. A future development proposal could contain any mix of these uses (and others), in addition to residential uses. Following Kent's assumptions in its contribution to the 2012 King County Buildable Lands Study, 70% of the buildable land at the Riverbend Surplus Property is likely to be devoted to commercial use under the GC-MU zone. This area is about 10.8 acres. Because actual development scenarios may vary widely, for the purpose of this analysis, Kent is assuming that 300,000 square feet of office space and 100,000 square feet of retail shopping center might be located at the Riverbend Surplus site. Under this scenario, assuming 1 job per 250 square feet of office space and 1 job per 500 square feet of retail space, approximately 1,200 office jobs and 200 retail jobs could be expected at the Riverbend Surplus Property if the zoning is changed to GC-MU. The City of Kent is currently preparing its 2015 Comprehensive Plan update, which will incorporate the King County Countywide Planning Policies (CPP) targets of 13,490 jobs and 9,360 households by 2031. The City expects to meet these targets and has incorporated this level of growth into its planning efforts. The increase in jobs and households that will result from the contemplated actions at the Riverbend Golf site is within the City's expected level of 2031 growth. Page 8 of 14 61 Decision Document City of Kent CPA and Implementing Zoning Map Amendments #ENV-2014-22 I. Housing No housing units are located on the Riverbend Surplus Property, so none will be displaced. The Colony Park Apartments are located on a separate parcel immediately east of the Riverbend Surplus Property and will remain. Up to 1,509 units could be located at the Riverbend Surplus Property under MCR zoning, 422 units under the GC-MU zone and about 250 units under the MR-M zone. If a mixed use zone is selected, the GC-MU level of development intensity is the most likely to occur. The conclusion that 422 units will be built rests on the following assumptions: 1.) 14.4 acres will be available for building at this site. This is based on the GC- MU zone allowing only 60% of the site to be occupied by building footprint. 2.) 70% of the buildable area on this site will likely be devoted to commercial development and 30% to residential development. This assumption is consistent with Kent's recently submitted portion of the forthcoming 2012 King County Buildable Lands Study, which reviewed likely development patterns for land in various zoning districts, including GC-MU. This yields approximately 10.8 acres of commercial land and 3.6 acres of residential land. 3.) Residential buildings that will eventually be proposed on this site are likely to be similar to The Platform, an apartment building currently under construction in Kent's downtown core. 4.) The floor-area-ratio (FAR) of The Platform project is 2.21, and the average unit is 820 square feet. 5.) Applying a 2.21 FAR to the 3.6 acres of the Riverbend Surplus Site likely to be developed with multi-family residential, at 820 square feet per unit yields 422 new multifamily units. J. Aesthetics Construction of buildings or site development at any of the specific sites affected by the contemplated actions is not within the scope of this review, and no proposals are currently known to be pending. All future proposed buildings will be subject to development standards found in the zoning code. These standards address aesthetic elements such as setbacks, building height, maximum site coverage, etc. For the Riverbend Surplus Site, aesthetic impacts of future development within the GC-MU zoning district will be addressed prior to construction through mixed use or multifamily design review standards of Kent City Code 15.09. If the MCR zone is selected for this site, the City Council will likely also implement minor code changes to require Midway Design Review for any future development. Multifamily developments proposed within the MR-M zoning district are subject to the City's multifamily design review standards. Regardless of the zoning district, any buildings proposed within the 200 foot shoreline jurisdictional area will continue to be limited to 35 feet in height. Page 9 of 14 62 Decision Document City of Kent CPA and Implementing Zoning Map Amendments #ENV-2014-22 The Green River Corridor district was created by the Kent City Council in 1985 to provide additional protection to an 800 foot wide swath of land adjacent to the Green River beyond the 200 foot shoreline management zone. The regulations were to protect the area from land uses with adverse impacts, to preserve land features with historic cultural or educational significance and to ensure that urban development within this area was compatible with the open configuration of the Green River and its adjacent lands. The original development regulations have been relaxed on multiple occasions when the City Council found that the intent of the regulations had been met and that flexibility in design was desirable. The City Council is now considering amendments to the Green River Corridor district regulations that would remove or amend the 35 foot height limitation from these standards. Currently zoning district development regulations, the Shoreline Master Program, and the Green River Corridor District standards contain building height regulations. These regulations overlap and create an opportunity to consider simplification. The Shoreline Master Program applies only to development within 200 feet of the Green River and limits building heights within this zone to 35 feet. The Green River Corridor District effectively extends this height limitation out to 1,000 feet from the river. Zoning district development standards also apply to riverside lands, and contain height limitations that vary by zoning district. Most of the zoning districts located within the Green River Corridor District impose similar building height restrictions. Only one zone, GC- MU, currently allows building heights over 40 feet; the MCR zone, which is being considered for the Riverbend Surplus Property, allows for buildings up to 200 feet tall. The Riverbend Surplus Property is located within the Green River Corridor district. The staff recommended zoning for this site is GC-MU, General Commercial-Mixed Use, which allows building heights up to 65 feet. Table 1 below compares the various height standards. Zoning Code, by Allowed height zoning district: A-10 35 feet AG 35 feet CM-2 35 feet GC 35 feet GC-MU 65 feet M1 35 feet M2 35 feet MA 35 feet MCR 200 feet MHP N/A MR-G 40 feet MR-M 40 feet SR-1 35 feet SR-8 30 feet O 40 feet Table 1:Height limitations of zoning districts located within the Green River Corridor District Page 10 of 14 63 Decision Document City of Kent CPA and Implementing Zoning Map Amendments #ENV-2014-22 K. Light and Glare Commercial projects or projects to be located in proximity to commercial uses are anticipated to create and receive light impacts due to the nature of commercial enterprise during evening hours. Glare impacts might be anticipated as well. Any impacts from light and glare would be more appropriately addressed during the review of development plans, when measures such as full-cutoff or hooded fixtures and strategically located landscaping may be required to minimize impacts. L. Recreation The Green River Trail is located around the southern and western edge of the site and will remain as is. The contemplated actions will facilitate redevelopment of the Riverbend Surplus Property that will displace the 24 acre, nine hole par-3 golf course. This golf course is operated by the City and supports the goal of providing golf opportunities for all ages and ability levels at the Riverbend Golf Complex. Par-3 golf courses feature shorter fairways that are well suited to young or beginning golfers as well as senior golfers. These classes of golfers are the primary users of the course. Displacement of the Par-3 course will cause a loss of recreational golf opportunities that the City plans to mitigate by two means. First, by developing a golf training facility on the vacant two-acre area next to the driving range, the City will provide beginner and junior golfers with enhanced instructional facilities. Though specific plans have not been developed, this area will include a couple of short holes. Also, forward-tee boxes will be added to the standard 18 hole Riverbend course. These forward tee-boxes will provide beginning, younger and senior golfers with the opportunity to play shortened holes, in a manner similar to the existing par-3 course. In 2010, the City updated the Parks and Open Space element of its Comprehensive Plan. This element indicates that when level of service (LOS) is measured in purely quantitative terms (square feet per resident, or golf holes per resident), the City's Park and Open Space level of service (LOS) has declined over the last twenty years. Sale of the 24-acre Riverbend Surplus Property would remove it from the City's park inventory and advance the trend of declining LOS. However, the Park and Open Space element considers that based on Kent's growing population, urbanizing nature and changing demographics, a LOS standard that combines both qualitative and quantitative elements might more fully capture how Kent's parks and open space are meeting the community's needs. The goals and policies contained in this update reflect both quantitative, qualitative and economic aspects that the City uses to determine adequacy of its park and open space system. M. Historic and Cultural Preservation No impacts are anticipated. According to the Washington State Department of Archaeology & Historic Preservation's online database at Page 11 of 14 64 Decision Document City of Kent CPA and Implementing Zoning Map Amendments #ENV-2014-22 https://fortress.wa.gov/dahp/wisaard/, no places or objects associated with the larger Riverbend Golf site are identified. During future development activities, should archaeological materials (e.g. bones, shell, stone tools, beads, ceramics, old bottles, hearths, etc.) or human remains be observed during project activities, all work in the immediate vicinity will stop to allow for consultation with state and tribal archaeological officials. N. Transportation Changes to the Green River Corridor District regulations are primarily aesthetic and not likely to result in traffic impacts that can be reasonably ascertained at this time. The proposed Comprehensive Plan Amendment and rezone however will enable development that is likely to increase demand on the City's transportation system. West Meeker Street is located along the northern border of the Riverbend Golf site. This road is classified as a minor arterial in the City's Transportation Master Plan. Russell Road South is located on the eastern boundary of the site, and is classified as a local street. There are currently two driveways along West Meeker Street and no access points on Russell Road South. Future site development will likely include additional or relocated driveway access points. Metro bus routes 158, 159, 166 and 183 currently serve the site via a bus stop located on the south side of West Meeker Street near the Riverbend driving range. The City's 2008 Transportation Master Plan (TMP) includes an analysis of existing and projected demand, as well as required mitigation along the S 260`h St/Reith Road/W Meeker St corridor between SR 99 to the west and Washington Avenue to the east. The TMP analysis concluded that the PM peak-hour Level of Service (LOS) along this corridor was at D in 2006, when traffic data were collected. The City's LOS standard for this corridor is E, as shown in table 5.5 of the TMP. This plan concluded that by 2030, traffic operations were expected to degrade along the 260`h St/Reith Road/W Meeker St corridor, and that road widening and signal improvements are necessary if the corridor is to operate at LOS E in the future. Two street widening projects are identified in the City's 2008 Transportation Master Plan to meet this goal. Future development of the Riverbend Surplus Property will likely be required to participate financially or construct portions of the widening project. Based on an a GC-MU development scenario of 422 mid-rise apartment units, 300,000 square feet of office space and 100,000 square feet of shopping center/retail space (as discussed in section H above), approximately 9,688 new daily and 1,008 new p.m. peak hour trips could be generated (based on ITE trip generation study numbers for mid-rise multi-family, office and shopping center land uses). P.M. peak hour trips could be as high 1,557 under the MCR development scenario discussed in sections H and I above. The actual level of impact resulting from a future development project is necessarily very speculative at this early stage in the planning process. Market demand, financial feasibility, physical limitations of the site, as well as limitations that may result from Page 12 of 14 66 Decision Document City of Kent CPA and Implementing Zoning Map Amendments #ENV-2014-22 application of other development standards are all factors that may further limit the scope, scale and traffic impact of a future development project. Further environmental analysis will be required to identify specific impacts and determine appropriate mitigation measures associated with a future development proposal, which may include additional mitigation beyond that identified in the TMP. O. Public Services Rezoning the Riverbend Surplus Property from SR-1 to a more intensive zoning district amending the Green River Corridor District regulations would increase demand for public services in accordance with the ultimate use of the site. Impact fees and mitigation payments for school, transportation and utility impacts will be assessed at the time of development. P. Utilities City water, sanitary sewer and storm drainage lines are located along W Meeker Street and Russell Road S. A 24" King County Metro sanitary sewer line, a 12' City of Kent Water line and a 15" storm sewer line provide ample capacity to serve a future mixed use development at the Riverbend Surplus Property. Other utilities necessary to serve future redevelopment of the Riverbend Surplus Property will be the responsibility of the future owner. IV. SUMMARY AND RECOMMENDATION A. It is appropriate per WAC 197-11-660 and RCW 43.21C.060 that the City of Kent establish conditions to mitigate any identified impacts associated with this proposal. Supporting documents for the following conditions and mitigating measures include: 1. City of Kent Comprehensive Plan as prepared and adopted pursuant to the State Growth Management Act; 2. The Shoreline Management Act (RCW 90.58) and the Kent Shoreline Master Program; 3. Kent City Code Section 7.07 Surface Water and Drainage Code; 4. City of Kent Transportation Master Plan, Green River Valley Transportation Action Plan and current Six-Year Transportation Improvement Plan; 5. Kent City Code Section 7.09 Wastewater Facilities Master Plan; 6. City of Kent Comprehensive Water Plan and Conservation Element; 7. Kent City Code Section 6.02 Required Infrastructure Improvements; 8. Kent City Code Section 6.07 Street Use Permits; 9. Kent City Code Section 14.09 Flood Hazard Regulations; 10. Kent City Code Section 12.04 Subdivisions, Binding Site Plans, and Lot Line Adjustments; Page 13 of 14 66 Decision Document City of Kent CPA and Implementing Zoning Map Amendments #ENV-2014-22 11. Kent City Code Section 12.05 Mobile Home Parks and 12.06 Recreation Vehicle Park; 12. Kent City Code Section 8.05 Noise Control; 13. City of Kent International Building and Fire Codes; 14. Kent City Code Title 15, Zoning; 15. Kent City Code Section 7.13 Water Shortage Emergency Regulations and Water Conservation Ordinance 2227; 16. Kent City Code Sections 6.03 Improvement Plan Approval and Inspection Fees; 17. Kent City Code Section 7.05 Storm and Surface Water Utility; 18. City of Kent Comprehensive Sewer Plan; 19. City of Kent Fire Master Plan; and 20. Kent City Code Chapter 11.06, Critical Areas. B. It is recommended that a Determination of Nonsignificance (DNS) be issued for this non-project action. KENT PLANNING SERVICES July 23, 2014 MG:pm :S:/Permit/Plan/Env/201 4/21 41 804decision.doc Page 14 of 14 67 KETIT W PSHINLTON CITY OF KENT DETERMINATION OF NONSIGNIFICANCE Environmental Checklist No. #ENV-2014-22 Project: City of Kent Riverbend Surplus #RPSA-2141804 Property Comprehensive Plan Amendment and Zoning Districts Map Amendment & Green River Corridor District Regulation Amendment Description: The City of Kent is considering amendments to its Comprehensive Plan Land Use Map, Zoning Districts Map and zoning code amendments necessary to entitle the Riverbend Surplus Property for sale and future development. Comprehensive Plan amendments can be analyzed outside of the annual cycle as authorized by the Growth Management Act (RCW 36.70A.130) and Kent City Code Chapter 12.02. On May 6, 2014, the Kent City Council passed an emergency resolution (Res. 1883) authorizing consideration of these amendments. The Riverbend Surplus Property is an approximately 24-acre portion of a larger tax parcel 2322049011, located at 2030 West Meeker Street and is the current site of the City's par-3 golf course. Prior to sale of the property,the City Council is considering an amendment to the Comprehensive Plan Land Use Map that will change the designation of the Riverbend Surplus Property from OS, Parks and Open Space and MDMF, Medium Density Multifamily to MU, Mixed Use. Furthermore, the City Council is considering rezoning the Riverbend Surplus Property from its current designation of SR-1, Residential Agricultural. New zoning designations under consideration include MR-M, Medium Density Multifamily, GC- MU, General Commercial-Mixed Use, and MCR, Midway Commercial Residential. The Zoning Districts Map amendment contemplated in the submitted environmental checklist would rezone the Riverbend Surplus Property from SR-1, Residential Agricultural to MCR, Midway Commercial Residential. Potential future impacts of this change were identified, but no other zoning options that are under consideration were discussed. MCR was discussed because of the zoning districts under consideration, it allows the most intensive development while GC-MU and MR-M are more restrictive. This approach is useful when identifying environmental impacts, because the less intensive zoning options would allow for less intensive development that would generate less environmental impact. Identifying the potential environmental impacts of this most intensive zoning option covers the other options that the Council might select for this site. The MCR zoning option and the associated potential for future impacts is included in this analysis. However, the intensity of future site development is unlikely to rise to the levels allowed under MCR. In orderto inform policy-makers, stakeholders and the public of the more likely impacts, this analysis also contemplates development allowed under the GC-MU, General Commercial-Mixed Use zoning option.The GC-MU zone has a height limit of 65 feet and building coverage limitation of 60% and represents a more likely scenario for future site development and impacts. This approach is based primarily on the intensity of recent development in the Kent Valley and the physical limitations of valley soils to support tall buildings. Both MCR and GC-MU zones allow service, retail, office and hotel uses as well as a range of attached residential uses. Density Multifamily option would allow for the le ast In terms of development intensity, the MR-M Medium y y p intensive redevelopment of the Riverbend Surplus Site. Contemplated amendments to the zoning code would remove building height and wall length limitations from section Kent City Code 15,08.260 Green River Corridor District regulations. Height regulations and building aesthetics regulations are found in other parts of the zoning code and design standards. 68 Determination of Nonsignificance City of Kent Riverbend Surplus Property Comprehensive Plan Amendment & Zoning Districts Map Amendment & Green River Corridor District Regulation Amendment ENV-2014-22/RPSA-2141804 Finally, prior to sale of the property, the City is contemplating a short subdivision of the entire Riverbend Golf site (parcel 2322049011) into no more than 8 separate lots and a tract for the Green River Trail. The Riverbend Surplus Property is part of this larger parcel, which also includes a golf driving range, mini-golf course, associated parking and two acres of unused land. These other areas are not part of the contemplated sale, comprehensive plan land use map amendment or rezone. The larger site may also be affected by related zoning code amendments being contemplated by the City Council. Location: The Riverbend Surplus Property is an approximately 24-acre portion of a larger tax parcel 2322049011, located at 2030 West Meeker Street and is the current site of the City's par-3 golf course. Applicant: Kurt Hanson, City of Kent Economic and Community Development Lead Agency CITY OF KENT The lead agency for this proposal has determined that it does not have a probable significant adverse impact on the environment. An environmental impact statement (EIS) is not required under RCW 43.21C.030(2)(c). This decision was made after review of a completed environmental checklist and other information on file with the lead agency. This information is available to the public on request. X There is no comment period for this DNS pursuant to WAC 197-11-355 Optional DNS process. There is no comment period for this DNS. _ This DNS is issued under 197-11-340(2). The lead agency will not act on this proposal for 14 days from the date of this decision; this constitutes a 14-day comment period. Comments must be submitted by This DNS is subject to appeal pursuant to Kent City Code section 11.03.520. Responsible Official Charlene Anderson AICP Position/Title Planning Manager / SEPA OFFICIAL Address 220 S. Fourth Avenue Kent, WA 98032 Telephone: (-253) 856-5454 Dated July 23 2014 Signature APPEAL PROCESS: AN APPEAL OF A DETERMINATION OF NONSIGNIFICANCE (DNS) MUST BE MADE TO THE KENT HEARING EXAMINER WITHIN FOURTEEN (14) DAYS FOLLOWING THE END OF THE COMMENT PERIOD PER KENT CITY CODE 11.03.520. CONDITIONS/MITIGATING MEASURES: None MG\pm 5:iPermitiPlan�Env�2014i2141804dns.doc 2of3