HomeMy WebLinkAboutCity Council Committees - Land Use and Planning Board - 04/13/2015 (3) ECONOMIC and COMMUNITY DEVELOPMENT
Ben Wolters, Director
PLANNING SERVICES DIVISION
Charlene Anderson, AICP, Manager
'Z ENT Phone: 253-856-5454
WP5111NOTON
Fax: 253-856-6454
220 Fourth Avenue South
Kent, WA 98032-5895
PUBLIC HEARING & WORKSHOP
AGENDA
LAND USE & PLANNING BOARD
APRIL 13, 2015
7:00 P.M.
LUPB MEMBERS: Randall Smith, Chair; Barbara Phillips, Vice Chair; Frank Cornelius;
Navdeep Gill; Katherine Jones; Jack Ottini and Binoy Varughese.
CITY STAFF: ECD-Planning Services: Charlene Anderson, AICP, Planning Manager;
Matthew Gilbert, AICP, Principal Planner. Public Works: Todd Hunsdorfer, Conservation
Coordinator. City Attorney: David Galazin, Civil Attorney.
This is to notify you that the Land Use and Planning Board will hold a Public Hearing
followed by a Workshop on MONDAY, APRIL 13, 2015 at 7:00 p.m. These meetings
will be held in Kent City Hall, City Council Chambers, 220 Fourth Avenue S, Kent, WA. The
public is invited to attend and all interested persons will have an opportunity to speak at the
Hearing. Any person wishing to submit oral or written comments on the proposed
amendments may do so at the hearing or prior to the hearing by email to Charlene
Anderson at: candersonakentwa.gov. No public testimony is taken at the Workshop,
although the public is welcome to attend.
The agenda will include the following item(s):
1. Call to order
2. Roll call
3. Approval of the November 24, 2014 Minutes
4. Added Items
5. Communications
6. Notice of Upcoming Meetings
7. PUBLIC HEARING:
ZCA-2015-1 HIGH CAPACITY TRANSIT FACILITIES
Proposed ordinance related to zoning districts, process and design standards for high
capacity transit (HCT) facilities. The ordinance also provides options for departures
from code via development agreements. - Charlene Anderson
ZCA-2015-2 CRITICAL AREAS ORDINANCE AND FLOOD HAZARD REGULATIONS
Proposed ordinance related to amendments of Chapters 11.06 Critical Areas and
14.09 Flood Hazard Regulations. - Todd Hunsdorfer
8. WORKSHOP:
TREE PRESERVATION CODE UPDATE
General discussion - Matt Gilbert
For documents pertaining to the Land Use and Planning Board, access the City's website at:
http://kentwa.ic7m2.com/citizens/Default.aspx?DepartmentlD=1004.
Any person requiring a disability accommodation should contact the City Clerk's Office in advance at(253) 856-
5725. For 7Ty/TDD service call the Washington Telecommunications Relay Service at (800) 833-6388. For
general information, contact Economic& Community Development Department, Planning Division at(253) 856-
5454.
1
ECONOMIC and COMMUNITY DEVELOPMENT
Ben Wolters, Director
PLANNING SERVICES DIVISION
..60 a Charlene Anderson, AICP, Manager
�'� KENT Phone: 253-856-5454
WP5111N010N
Fax: 253-856-6454
220 Fourth Avenue South
Kent, WA 98032-5895
April 6, 2015
TO: Chair Randall Smith and Land Use & Planning Board Members
FROM: Charlene Anderson, AICP, Planning Manager
RE: Zoning Code Amendments - High Capacity Transit Facilities
For April 13, 2015 Public Hearing
MOTION: Recommend to the City Council approval/denial/modification of
the proposed ordinance amending Title 15 of the Kent City Code (KCC), to
adopt a new chapter 15.15 KCC pertaining to design standards for high
capacity transit (HCT) facilities, and a new section 15.08.450 KCC, along
with related amendments to KCC Sections 15.04.060, 15.04.065 and
12.04.825 to support the HCT design standards.
SUMMARY: Staff presented to the Board on March 9th a draft ordinance related to
process and design standards for high capacity transit (HCT) facilities. This final
draft ordinance adds clarification and flexibility, additional provisions for weather
protection, amenities at stations and associated parking facilities, clarifies that
surface parking areas shall be temporary, and adds provisions to the development
agreement pertaining to maintenance, dispute resolution and monitoring. The
language of the ordinance is taken generally from the City of SeaTac's code for
such facilities, with some adjustments, and provides more specific regulations for
HCT facilities than are provided by existing zoning regulations and design standards
for development in the Midway area.
BUDGET IMPACT: None
BACKGROUND: The proposed process and code standards for HCT design, multi-
modal transportation connections, pedestrian-oriented public spaces and
furnishings are intended to ensure compatibility of light rail with transit-oriented
development envisioned in the Midway Subarea Plan. The amendments also
address flexibility provided via a development agreement.
RECOMMENDATION: Staff recommends approval of the amendments and will be
available at the April 13th public hearing for further discussion.
CA\ah:S:\Permit\Plan\ZON ING_CODE_AMENDMENTS\2015\ZCA-2015-1
HighCa pTransFacilities\04132015_LUPB_Memo.rtf.docx
Encl: Draft Ordinance; SEPA Addendum
cc: Ben Wolters, Economic &Community Development Director
Charlene Anderson, AICP, Planning Manager
Project File"Misc."
2
3
ORDINANCE NO.
AN ORDINANCE of the City Council of the
city of Kent, Washington, amending Title 15 of the
Kent City Code (KCC), also referred to as the
Zoning Code, to adopt a new chapter 15.15 KCC,
pertaining to design standards for high capacity
transit (HCT) facilities, and a new section
15.08.450 KCC, along with related amendments to
KCC Sections 15.04.060, 15.04.065 and
12.04.825, to support the HCT design standards.
RECITALS
A. The Midway Subarea Plan (Midway Plan), adopted by the City
Council on December 13, 2011, conveys a range of actions that prepares
the area for future high capacity light rail transit and is intended to inform
decisions of public and private entities.
B. The Midway Plan was the result of a collaborative visioning
effort called Envision Midway, involving the city of Kent, the city of Des
Moines, the community and multiple stakeholders. The Midway Plan
supports continued coordination with adjacent jurisdictions, and regional
and state transportation agencies, to ensure facilities and services are
provided as planned.
1 High Capacity Transit Facility
Ordinance Amending Title 15, KCC
4
C. The overall goal of the Midway Plan is to: "Create a dense,
pedestrian-friendly, sustainable community that provides jobs, housing,
services and public open space around nodes of high capacity mass transit
while maintaining auto-oriented uses between the transit oriented nodes."
D. The Midway Plan envisions a well-designed built environment,
including pedestrian-friendly streetscapes, multimodal connections, a
variety of housing types and jobs that support transit use, effective parks
and open space, and a regional storm water management system.
E. Growth capacity in the Midway area is up to 11,821
households and 9,481 jobs accommodated within a phased approach.
F. Sound Transit is conducting environmental analysis for a light
rail station in the Midway area. Nine different station locations are being
analyzed. The Draft Environmental Impact Statement for this light rail
extension is expected to be released on April 10, 2015, with the station
operational in 2023.
G. The City continues to participate in discussions with
interjurisdictional staff, significant stakeholders such as Highline
Community College, Sound Transit's Interagency Working Group and
elected official meetings to help guide the efforts of Sound Transit as they
analyze alignment and station locations through the cities of SeaTac, Des
Moines, Kent and Federal Way.
H. The city of Kent also engaged the services of the Urban Land
Institute to recommend which of the nine station locations being analyzed
would best support transit-oriented development in Kent. Light rail
alignment, parking facilities, station locations and design are key
components of successful place-making in high capacity transit areas.
2 High Capacity Transit Facility
Ordinance Amending Title 15, KCC
5
I. Sound Transit is making an investment estimated at $1.3 to
$1.8 billion dollars in extending light rail from the Angle Lake Station (S.
200th Street) to a future station in the vicinity of the Federal Way Transit
Center. It is critical that the city of Kent and Sound Transit collaborate in
determining the best alignment and station locations for implementing the
Midway Plan.
J. The City Council adopted Midway Design Guidelines on
December 13, 2011. The proposed amendments to the Kent City Code
further refine the design standards and permit processes for high capacity
transit facilities, such as light rail, which is scheduled to be operational in
2023.
K. On February 13, 2010, the City's State Environmental Policy
Act (SEPA) responsible official issued a Determination of Significance
(DS)/Scoping Notice for the City of Kent Comprehensive Plan Review and
Midway Subarea Planned Action Environmental Impact Statement,
solicited public comment through a February 22, 2010, open house
meeting, and invited comments during the scoping period, which closed
March 8, 2010. A Draft Environmental Impact Statement (DEIS) was
issued on October 22, 2010. A public hearing regarding the DEIS was
held on December 6, 2010. A Final Environmental Impact Statement was
issued on September 1, 2011.
L. On October 9, 2012, the City's SEPA responsible official
issued a Determination of Significance (DS)/Scoping Notice for the City of
Kent Downtown Subarea Action Plan Planned Action Supplemental
Environmental Impact Statement, solicited public comment through a
November 1, 2012, open house meeting, and invited comments during the
scoping period, which closed November 2, 2012. A Draft Supplemental
Environmental Impact Statement (SEIS) was issued on June 21, 2013.
The Draft SEIS was considered during a public hearing on the Downtown
3 High Capacity Transit Facility
Ordinance Amending Title 15, KCC
6
Subarea Action Plan, which was held on July 8, 2013, and July 22, 2013.
A Final SEIS was issued on October 4, 2013.
M. The DSAP SEIS supplements the City of Kent Comprehensive
Plan Review and Midway Subarea Planned Action Environmental Impact
Statement completed in 2011 (2011 EIS) and analyzed a lower level of
growth in the Midway Subarea.
N. The City of Kent Downtown Subarea Action Plan Planned
Action Supplemental EIS (referenced as the 2013 SEIS) and the 2011 EIS
jointly identify impacts and mitigation measures associated with
development in the Kent Planning Area.
0. On April 3, 2015, the SEPA responsible official issued an
Addendum to the 2011 EIS and 2013 SEIS, for the Zoning Code
amendments related to high capacity transit facilities.
P. The 2013 SEIS, 2011 EIS, and Addendum satisfy SEPA
requirements for the Zoning Code amendments.
Q. On March 4, 2015, the City requested expedited review from
the State of Washington under RCW 36.70A.106 for the proposed
amendments to the Zoning Code, and was granted expedited review on
March 23, 2015.
R. The Land Use and Planning Board ("LUPB") held a workshop
on March 9, 2015, to review the proposed amendments to the Zoning
Code. After holding a public hearing on April 13, 2015, the LUPB made its
recommendation to the City Council.
S. The Economic and Community Development Committee was
presented with a briefing on the proposed Zoning Code amendments at its
4 High Capacity Transit Facility
Ordinance Amending Title 15, KCC
7
March 9, 2015, meeting. The Committee reviewed the LUPB
recommendation on the proposed amendments at its meeting on May 11,
2015, and voted to forward its recommendation to the full City Council.
T. At its regularly scheduled meeting on May 19, 2015, the City
Council considered the LUPB's recommendation and voted to adopt the
proposed amendments to the Zoning Code, along with the related
amendment to KCC 12.04.825.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
ORDINANCE
SECTION 1. — New Section. Title 15 of the Kent City Code is
amended by adding a new chapter 15.15 to read as follows:
Sec. 15.15.010. Purpose. The design standards for high capacity
transit (HCT) facilities are intended to encourage:
A. Facilities and stations that are well designed;
B. Development of distinctive community focal points;
C. Connections between the HCT network, adjacent development, and
community vehicular, pedestrian and bicycle routes;
D. Incorporation of pedestrian-oriented furnishings and a variety of
public spaces;
E. Adequate buffers between different types of land uses; and
5 High Capacity Transit Facility
Ordinance Amending Title 15, KCC
8
F. Uses of alternative travel modes rather than single-occupant
vehicles.
Sec. 15.15.015. Director. For purposes of this chapter, "director'
means the Director of Economic & Community Development or the
director's designee.
Sec. 15.15.020. Authority and application.
A. This chapter shall apply to:
1. Any form of HCT, such as light or heavy rail, train, express
bus, Personal Rapid Transit, People Mover, or other similar technology that
moves large numbers of people to set destinations, but excluding transit
systems designed to exclusively serve transport to and from airport
terminals or associated airport facilities;
2. All property owned, purchased or leased by public agencies
for the purpose of constructing or operating HCT systems and associated
facilities; and
3. All HCT facility construction requiring a city building permit,
but excluding bus stops and minor expansions (less than twenty percent)
of existing HCT facilities.
B. In order to provide flexibility and creativity of project design, minor
variations from these standards may be permitted, subject to the approval
of the director, if the strict interpretation or application of these standards
would be inconsistent with related or more restrictive provisions of the
Zoning Code, or would be contrary to the overall purpose or intent of city
goals and policies established in the city's Comprehensive Plan.
6 High Capacity Transit Facility
Ordinance Amending Title 15, KCC
9
Sec. 15.15.110. Station design - architectural expression.
A. In order to ensure that HCT station facilities, associated site
furnishings, and public art are designed as an expression of community
identity, each HCT station within the city shall be consistent with a locally-
determined design theme. The process to determine a local design theme
shall be established for each HCT facility by the director.
B. HCT station design themes shall be approved by the City Council.
Sec. 15.15.120. Site furnishings.
A. Weather protection; shelters.
1. Weather protection features or shelters shall be provided at
station platforms and buildings by including vertical and horizontal
features to minimize passenger exposure to wind and rain. Weather
protection features may include, but are not limited to: awnings,
marquees, canopies, building overhangs, walls or other features
acceptable to the director.
2. In order to ensure that HCT weather protection features or
shelters are designed as an expression of community identity, roof designs
shall conform to one of the following options:
a. Roofline with architectural focal point. A roofline focal
point refers to a prominent rooftop feature such as a peak, barrel vault,
undulating curve, or roofline art installation.
b. Roofline variation. A roofline variation refers to a
roofline articulated through variation or steps in roof height or detail.
7 High Capacity Transit Facility
Ordinance Amending Title 15, KCC
10
B. Benches and seating areas.
1. HCT station areas and platforms shall include seating areas
designed and arranged as part of a coherent HCT station theme. Station
platforms shall include at least one linear foot of seating per each ten
linear foot length of station loading platform.
2. Usable open space areas adjacent to HCT stations, such as
publicly accessible plazas, courtyards and pocket parks, shall include at
least one linear foot of seating per each fifty square feet of plaza,
courtyard or pocket park space on site.
3. HCT station seating shall be in the form of:
a. Leaning rails associated with platform waiting areas (no
more than fifty percent of total linear feet of seating);
b. Benches or chairs at least twenty inches wide; or
C. Seating incorporated into low walls, raised planters or
building foundations at least twelve inches wide and eighteen inches high.
C. Platform landscaping and associated open space.
1. All principal ground level exterior entry points to at-grade or
elevated station platforms shall include a minimum of two hundred square
feet of usable open space consisting of decorative paving.
a. Usable open space shall include one or more publicly
accessible plazas, courtyards, pocket parks or decorative paving areas
constructed contiguous with new or existing sidewalks located either within
the front yard setback or elsewhere on site.
8 High Capacity Transit Facility
Ordinance Amending Title 15, KCC
11
b. Developments proposed to include on-site plazas and
pocket parks as publicly accessible project amenities shall link the open
space elements with adjacent sidewalks, pedestrian paths, or bikeways.
2. Decorative paving areas shall be constructed of such
materials as stamped, broom finish, or scored concrete, brick or modular
pavers. One deciduous tree of at least three inches diameter (caliper)
measured four feet above the ground at the time of planting, or one
evergreen tree at least eight feet in height from treetop to ground level at
the time of planting, shall be required for every two hundred square feet of
decorative paving area.
3. At-grade HCT stations shall include trees in landscape beds or
planting wells on or adjacent to the station platform.
D. Ornamental fencing.
1. The design, color and material of any fencing associated with
an HCT station shall be consistent with the city's established station design
theme, in accordance with KCC 15.15.110.
2. Where station area fencing is proposed to be included, the
fence type shall conform to one or more of the following options:
a. Ornamental iron or steel;
b. Cable and bollard fencing;
C. Post and chain fencing; or
d. Brick.
3. HCT station area fencing shall not include barbed wire, razor
wire or chain-link fencing.
9 High Capacity Transit Facility
Ordinance Amending Title 15, KCC
12
E. Restroom facilities. HCT stations associated with a park and ride lot,
as described in RCW 47.12.270, as amended, and HCT stations with
parking facilities, shall include public restrooms with sanitary sewer
connections, as well as hot and cold running water.
F. Garbage receptacles. Garbage receptacles shall be provided at all
HCT station areas.
G. Bicycle parking areas.
1. Rack space for a minimum of ten bicycles shall be provided at
each HCT station.
2. Bicycle parking areas shall be located out of pedestrian
walkways, and within fifty feet of station entrances.
H. Materials. Exterior materials and site furnishings associated with
HCT station structures shall be consistent with the city's established station
design theme, in accordance with KCC 15.15.110, and selected to handle
long-term exposure to weather and heavy use.
Sec. 15.15.130. Lighting.
A. Lighting associated with all HCT facilities shall be screened, hooded
or otherwise limited in illumination area so as to minimize excessive "light
throw" to off-site areas. Light fixtures shall be sited and directed to
minimize glare.
B. Light post standards at the pedestrian level shall be no greater than
sixteen feet in height. Light post standards used to illuminate vehicular
10 High Capacity Transit Facility
Ordinance Amending Title 15, KCC
13
access ways and parking lots shall be no greater than twenty five feet in
height.
C. Exterior lighting shall be used to identify and distinguish the
pedestrian walkway network from car or transit circulation. Along
pedestrian circulation corridors, light post standards shall be placed
between pedestrian ways and public or private streets, driveways or
parking areas.
D. Light post standard designs shall be approved by the director,
consistent with the city's established station design theme, in accordance
with KCC 15.15.110.
Sec. 15.15.210. Track design.
A. At-grade HCT track within or immediately adjacent to a public street
right-of-way shall be embedded in non-asphalt, ornamental paving
material, consisting of patterned or colored concrete, brick, cobble stone-
patterned pavers, grass-crete, or other similar ornamental paving system
subject to approval by the director.
B. Any structural supports for the HCT overhead catenary system
within or immediately adjacent to a public street right-of-way shall be low
profile and carefully selected as part of a unified street design. Where
possible, the HCT overhead catenary system shall be supported through
arm extensions attached to light standards or other traditional streetscape
elements.
Sec. 15.15.220. Buffering of track corridor.
A. Landscaping.
11 High Capacity Transit Facility
Ordinance Amending Title 15, KCC
14
1. At-grade HCT track corridors shall be screened from adjacent
streets or nearby development with landscape strips at least five feet wide,
consisting of trees, low shrubs, and ground cover paralleling the track
corridor, subject to approval by the director. The required five foot
landscape strip width dimension shall be a measurement of the usable soil
area between pavement curb edges.
2. The area beneath elevated guideways not utilized for other
public purposes, including, but not limited to streets, sidewalks, parking
stalls or parks, shall be landscaped in accordance with Chapter 15.07 KCC
for Type V landscaping, unless modified due to existing site conditions. Any
modification must be approved by the director.
B. Noise barriers. Where noise barrier sound walls are to be included in
addition to the required landscape strip along HCT corridors, wall design
and type shall conform to one or more of the following options:
1. Pre-cast or cast-in-place concrete with architectural texturing;
or
2. Patterned masonry.
C. Light rail vehicle noise suppression. Light rail vehicles and
associated track shall utilize the best available noise suppression
technology in order to minimize adverse impacts to adjacent properties.
D. Track corridor access control.
1. At-grade HCT track within or immediately adjacent to a public
street right-of-way, with the exception of dedicated crossing points, shall
be separated from automobile and pedestrian areas through the inclusion
of one of the following:
a. Cable and bollard fencing;
12 High Capacity Transit Facility
Ordinance Amending Title 15, KCC
15
b. Post and chain fencing;
C. Contrasting surface material and texture;
d. Landscape medians between the HCT track right-of-
way and the automobile or pedestrian areas; or
e. Rolled curb.
2. Where fencing along HCT track corridors is to be included in
areas not within or adjacent to a public street right-of-way, the fence type
shall conform to one or more of the following options:
a. Ornamental iron or steel;
b. Chain link with top rail, colored vinyl coating, or
decorative slatting;
C. Cable and bollard fencing; or
d. Post and chain fencing.
3. HCT track corridor fencing shall not include barbed wire, razor
wire, or chain link fencing without a colored vinyl coating or decorative
slatting.
Sec. 15.15.230. Elevated structures. The design of support
columns for elevated sections of HCT track visible from the public right-of-
way shall conform to at least one of the following options, as approved by
the director:
A. A decorative form pattern, or other architectural feature covering at
least fifty percent of the surface of support columns; or
B. Projections, indentations, or intervals of material change to visually
break up the surface of support columns.
13 High Capacity Transit Facility
Ordinance Amending Title 15, KCC
16
Sec. 15.15.240. Pedestrian crossings of track and access to
stations. In order to minimize risk of collision with light rail transit
vehicles or other vehicular traffic, pedestrian crossings of HCT track or
public streets serving HCT stations shall conform to the following standard:
A. Crossings of streets with less than thirty thousand daily vehicle trips
shall include a signalized pedestrian crossing.
B. Crossings of streets with more than thirty thousand daily vehicle
trips shall include a covered pedestrian overpass.
Sec. 15.15.310. Minimum parking space requirements.
A. In order to provide adequate off-street parking, the lead agency for
an HCT facility shall be required to provide a parking study, prepared as
part of an EIS or separately, for each station, demonstrating that the
parking demand will be satisfied. The director shall review the proposed
minimum number of required parking spaces per HCT station and, after
consultation with the public works director, shall make a determination as
to adequacy, based on a comparable parking demand.
B. The minimum number of required parking spaces per HCT station,
as established pursuant to this section, shall form the basis for
determining the threshold standard for the inclusion of structured parking,
as specified in KCC 15.15.410.
Sec. 15.15.320. Surface parking lot landscaping and
treatment of perimeter.
A. At least ten percent of the interior surface parking area shall have
landscaping when the total number of parking spaces exceeds twenty,
14 High Capacity Transit Facility
Ordinance Amending Title 15, KCC
17
including a minimum of one tree for every seven parking spaces, to be
distributed between rows or spaces throughout the parking lot.
B. Surface parking shall be visually screened from public or private
streets by means of building placement or landscaping. The perimeter of a
parking lot shall be planted with Type III landscaping at least five feet
wide. Any abutting landscaped areas can be credited toward meeting this
standard.
C. The required width dimension for interior parking area planting beds
shall be a measurement of the usable soil area between pavement curb
edges. Trees and required landscaping shall be placed in planting beds at
least five feet in width between parking rows or spaces within the interior
of the parking lot.
Sec. 15.15.330. Pedestrian circulation through parking lots.
A. Pedestrian walkways shall be provided through surface parking lots
containing one hundred or more parking spaces. Pedestrian walkways shall
be raised a minimum of three inches above the parking surface grade, and
shall be a minimum of six feet wide, separated from vehicular travel lanes
to the maximum extent possible and designed to provide safe access to
HCT station platforms or existing pedestrian ways.
1. For parking rows perpendicular to HCT station loading
platforms, pedestrian ways shall be located between two rows of parking
spaces at a minimum of one pedestrian way every two hundred feet.
2. For parking rows parallel to HCT station loading platforms,
pedestrian ways shall be incorporated adjacent to a series of aligned
landscape islands at a minimum of one walkway every twenty-one parking
spaces.
15 High Capacity Transit Facility
Ordinance Amending Title 15, KCC
18
B. The pedestrian way network shall be clearly distinguished from
vehicular or transit circulation. This is particularly important in areas where
these various travel modes intersect, such as at driveway entrances.
Where sidewalks or walkways cross vehicular driveways, the pedestrian
crossing shall be distinguished from the driveway surface by use of a
continuous raised crossing or by marking with a contrasting paving
material.
Sec. 15.15.340. Placement of surface parking facilities. Except
for short-term loading and off-loading areas, HCT station surface parking
lots shall be allowed only as an interim use subject to the following
requirements:
A. A site plan as established in KCC 15.15.800(A); and
B. A binding commitment that any surface parking facility will be made
available for transit-oriented development within a set time period, as
determined by the director.
The term "transit-oriented development" refers to public/private
development that supports transit use. Transit-oriented development
projects emphasize pedestrian access, and include a mix of residential,
commercial, recreational and service activities centered at or around
transit facilities.
Sec. 15.15.410. Threshold standard for the inclusion of
structured parking. In order to meet city goals for high density
development near transit stations, each HCT station with more than two
hundred associated parking spaces shall include a parking structure either
on-site or on adjacent property with capacity to house all of the total
16 High Capacity Transit Facility
Ordinance Amending Title 15, KCC
19
minimum number of required parking spaces, as established in KCC
15.15.310.
Sec. 15.15.420. Parking structure design.
A. Parking decks should be flat where feasible. At a minimum, a
majority of both the ground floor and top parking decks shall be required
to be flat, as opposed to continuously ramping.
B. External elevator towers and stairwells shall be open to public view,
or enclosed with transparent glazing.
C. Lighting on or within multi-level parking structures shall be
screened, hooded or otherwise limited in illumination area so as to
minimize excessive "light throw" to off-site areas, but must still provide
sufficient internal lighting, as determined by the director.
D. Parking structure top floor wall design must conform to one or more
of the following options:
1. Architectural focal point. A prominent edge feature such as a
glazed elevator or stair tower, or top floor line trellis structure.
2. Projecting cornice. Top floor wall line articulated through a
variation or step in cornice height or detail. Cornices must be located at or
near the top of the wall or parapet.
3. Articulated parapet. Top floor wall line parapets shall
incorporate angled, curved or stepped detail elements.
4. Alternative options that provide similar or better features,
subject to approval by the director:
17 High Capacity Transit Facility
Ordinance Amending Title 15, KCC
20
Sec. 15.15.430. Parking structure character and massing.
Parking structure elevations over one hundred fifty feet in length shall
incorporate vertical or horizontal variation in setback, material or
fenestration design along the length of the applicable facade, in at least
one of the following ways:
A. Vertical facades shall be designed to incorporate intervals of
architectural variation at least every sixty feet over the length of the
applicable facade, including one or more of the following:
1. Varying the arrangement, proportion or design of garage floor
openings;
2. Incorporating changes in architectural materials, including
texture and color; or
3. Projecting forward or recessing back portions or elements of
the parking structure facade.
B. Horizontal facades shall be designed to differentiate the ground floor
from upper floors by including one or more of the following:
1. Stepping back the upper floors from the ground floor parking
structure facade;
2. Changing materials between the parking structure base and
upper floors; or
3. Including a continuous cornice line or pedestrian weather
protection element between the ground floor and upper floors.
18 High Capacity Transit Facility
Ordinance Amending Title 15, KCC
21
Sec. 15.15.440. Ground floor uses in parking structures.
A. Each parking structure shall be designed so that a minimum of fifty
percent of the length of the exterior ground floor facade with existing or
projected adjacent foot traffic, excluding vehicle entrances and exits,
includes ground floor area either built out as, or convertible to,
retail/commercial or service uses.
B. The applicable ground floor area shall extend in depth a minimum of
twenty feet from the exterior parking structure facade; provided, that the
minimum required may be averaged, with no depth less than fifteen feet.
C. The clear interior ceiling height standard for the retail/commercial or
service use portion of a parking structure shall be a minimum of fourteen
feet.
D. Parking structure ground floors shall include fire suppressing
sprinkler systems at the time of construction.
E. The director may consider a ground floor bus or drop-off facility
rather than a retail or service use if the director determines that such a
facility would better promote transit-oriented development around the HCT
station.
Sec. 15.15.510. Off-site improvements.
A. To promote public transit use, the city and the lead agency for the
development of HCT facilities shall coordinate an assessment of the need
for vehicular and pedestrian access improvements within a comfortable
walking distance of each city HCT station. Fifteen hundred feet is
considered a "comfortable walking distance;" however, the actual distance
could be greater or lesser depending on surrounding features.
19 High Capacity Transit Facility
Ordinance Amending Title 15, KCC
22
B. HCT station area access improvements shall include the following:
1. HCT station platforms shall be connected to nearby core
commercial, residential and employment areas through paved sidewalks,
pedestrian-only walkways or pedestrian overpasses. Stations and park and
ride lots shall be linked when feasible with existing and proposed bike
routes and pedestrian trails as shown in the city's Comprehensive Plan.
2. Station area street improvements shall include sidewalks,
street trees, street front landscaping, improved lighting, and if applicable,
bus stop and HOV lane improvements, as approved by the director, after
consultation with the director of public works.
Sec. 15.15.610. Directional and informational signage.
A. Directional or informational signs associated with HCT stations shall
be consistent with the city's established station design theme, in
accordance with KCC 15.15.110.
B. The lead agency for the construction of an HCT station shall
coordinate with the city in determining appropriate installation locations
and design of station exterior or off-site signage.
Sec. 15.15.620. Community guides, maps, directories,
bulletin boards.
A. Local information signs associated with HCT stations, in the form of
community guides, maps, directories or bulletin boards, are intended to
convey information to the general public regarding local services,
amenities, or general city information.
20 High Capacity Transit Facility
Ordinance Amending Title 15, KCC
23
B. The lead agency shall coordinate with the city in determining
appropriate installation locations for one or more forms of local information
signage at each HCT station.
Sec. 15.15.630. Station-related advertising signs. No
commercial advertising signs shall be visible from outside the HCT station.
This section shall not apply to signs on rail cars.
Sec. 15.15.710. Fire safety standards. The design of HCT
stations and associated facilities, including elevated structures, shall
conform to the most current versions of all applicable sections of the
Building Code, Fire Code, and National Fire Protection Standards No. 130.
Conflicts among these codes shall be resolved in favor of the city's
currently-adopted building and fire codes or as otherwise approved by the
fire marshal and building official.
Sec. 15.15.800. Development plan — filing requirements.
Development applications must be submitted in sufficient detail to allow
review of the project in accordance with the special standards of this
chapter, SEPA requirements, and other applicable provisions of this code.
In addition to existing application requirements, the following information,
at a minimum, must be included as elements in every HCT development
application:
A. Site plan. A site plan, at a scale no smaller than one inch to twenty
feet, which must show the following:
1. The location, size and finished grade of all proposed and
existing on-site structures, as well as the existing topography and the
grade of all public or private streets adjacent to the site;
21 High Capacity Transit Facility
Ordinance Amending Title 15, KCC
24
2. A circulation plan which depicts access to the site and the
vehicular, pedestrian and bicycle traffic flow on-site, as well as links with
developments on adjoining parcels. Site access and circulation shall be
approved by both the director and the director of public works;
3. The location, arrangement, and total square footage of on-
site useable open space areas, as specified in KCC 15.15.900 and KCC
15.15.910;
4. Links to open spaces and landscaped areas on adjacent
parcels;
5. The lot lines and footprints of all structures on all parcels
within two hundred feet of the boundaries of the project parcel; and
6. Details on how all mechanical and utility rooftop equipment
will be screened.
Sec. 15.15.900. Minimum open space area required.
A. A minimum of ten percent of the net site area shall be set aside as
usable outdoor open space accessible to the public. Net site area is the
total site area for the station, including, but not limited to: parking and
maneuvering areas; platforms; buildings and other structures; minus
areas classified as critical areas under KCC Chapter 11.06.
1. Required landscaping and sensitive area buffers without
common access links, such as pedestrian trails, shall not be included
toward meeting the minimum open space area requirement.
2. Driveways, parking, or other auto uses shall not be included
in any usable outdoor open space area.
22 High Capacity Transit Facility
Ordinance Amending Title 15, KCC
25
3. Areas of a parcel with slopes greater than eight percent shall
not qualify as usable outdoor open space, unless the area has been
developed with an enhanced accessibility system of stairs, ramps,
terraces, trails, seating areas, or other site improvements approved by the
director.
4. Wetlands, streams, and their associated buffers shall be
excluded for the purpose of calculating the open space requirement.
5. Provided that such facilities are at grade and not covered,
storm water facilities shall be excluded for the purpose of calculating the
open space requirement.
B. Usable open space shall include one or more of the following:
1. Active outdoor recreation areas;
2. Multi-purpose green spaces;
3. Pedestrian-only corridors separate from the public or private
roadway system and dedicated to passive recreation, including access
links in sensitive area buffers (also see Chapter 11.06 KCC). The square
footage of pedestrian-only corridors shall be counted as usable open
space. A pedestrian overpass on a street shall not be counted as usable
open space; or
4. Publicly accessible plazas, courtyards, pocket parks and
decorative paving areas constructed contiguous with new or existing
sidewalks located either within the front yard setback or elsewhere on-
site. Developments proposing on-site plazas and pocket parks as publicly
accessible project amenities shall link the open space elements with
23 High Capacity Transit Facility
Ordinance Amending Title 15, KCC
26
adjacent sidewalks, pedestrian paths, or bikeways. Publicly accessible
courtyard designs shall conform to the following standards:
a. The courtyard dimension is a measurement of the
usable open space between two buildings or to a property line, and shall
have a width equal to the height of the building, up to a maximum of
seventy-five feet, but in no case less than twenty feet.
b. If the enclosing walls of a courtyard terrace upward
and back with succeeding stories, the courtyard dimension shall be
measured from the lowest enclosing floor or projection.
C. The front yard open space requirement per KCC 15.15.910 may be
counted toward the minimum open space area requirement.
D. Usable open space areas on-site shall be organized and designed in
a manner that allows for maximum integration with open space on
adjacent parcels, as specified in KCC 15.15.930.
Sec. 15.15.910. Front yard open space. The following front
yard open space regulations shall supersede the street frontage landscape
requirement as specified in Chapter 15.07 KCC. The building facade
landscaping and other landscaping requirements shall continue to apply.
A. Front yard open space area equal to the square footage of a five
foot strip along the length of street-facing front facades shall be developed
and arranged in a manner that is accessible to the public at all times,
directly connected to a sidewalk or pedestrian pathway, and bordered on
at least one side by, or readily accessible from, approved structures on-
site. Front yard open space shall be placed in one or more of the following
ways, as approved by the director:
24 High Capacity Transit Facility
Ordinance Amending Title 15, KCC
27
1. Plaza, courtyard, or pocket park. Publicly accessible open
space a minimum of two hundred square feet that is adjacent to a
pedestrian building entrance and consisting of at least fifty percent
decorative paving. The remaining percentage of required open space area
may be installed as plantings within or immediately adjacent to the plaza,
courtyard, or pocket park. One tree shall be required for every two
hundred square feet of decorative paving area. Decorative paving areas
shall be constructed of such materials as stamped, broom finish, or scored
concrete, brick or modular pavers;
2. Multi-purpose green space. A combination of grass,
pedestrian ways, and seating areas of a minimum two hundred square
feet. One tree shall be required for every two hundred square feet of
green space area; or
3. Decorative paving contiguous with sidewalk. A minimum five
foot wide decorative paving area constructed contiguous with a new or
existing sidewalk along the length of the front yard building facade,
coupled with a direct connection between the building entrance and
sidewalk.
B. Outdoor seating. Publicly accessible plazas, courtyards, and pocket
parks shall include at least one linear foot of seating per each forty square
feet of plaza, courtyard, or pocket park space on-site. Outdoor seating
shall be in the form of:
1. Freestanding outdoor benches at least sixteen inches wide; or
2. Seating incorporated into low walls, raised planters or
building foundations at least twelve inches wide and eighteen inches high.
25 High Capacity Transit Facility
Ordinance Amending Title 15, KCC
28
C. Focal point for plazas, courtyards and pocket parks. In addition to
seating, publicly accessible plazas, courtyards, and pocket parks should
incorporate one or more of the following open space amenities in order to
encourage pedestrian use and activity:
1. Public art, such as a water feature or sculpture;
2. Performance or stage areas; or
3. Other public amenities, as approved by the director.
D. Accessory site furnishings. Accessory site furnishings shall be
located so as not to obstruct pedestrian access along sidewalks and to
businesses.
1. Waste receptacles, movable planters and other accessory site
furnishings shall be designed to be compatible with the design of the
plaza, courtyard, or pocket park, through the use of similar detailing or
materials.
Sec. 15.15.920. Relation to adjacent development. Proposed
developments shall coordinate with current site planning and development
efforts on adjoining parcels to take advantage of opportunities to mutually
improve development design.
A. Adjacent developments shall link open spaces and landscaping
whenever possible.
B. Proposed developments shall provide publicly accessible pedestrian
connections to adjacent residential neighborhoods wherever possible, via a
through-block walkway or links to sidewalks; or provide stairs or ramps
where necessary when topographic barriers, such as steep slopes, inhibit
26 High Capacity Transit Facility
Ordinance Amending Title 15, KCC
29
direct access to surrounding development or destination points, such as
transit stops.
C. Where multi-family residential development is located adjacent to
retail, commercial, employment, or institutional uses, side or rear yard
landscape buffers shall be intersected by approved pedestrian circulation
routes in order to facilitate convenient walking connections to adjacent
uses or services.
D. Buildings or structures that terminate view corridors shall include
architectural features that increase the visibility and landmark status of
the subject building facade, such as a clearly defined building modulation,
pedestrian entry feature or roof line that accentuates the building as a
focal point.
SECTION 2. — Amendment . Section 15.04.060 of the Kent City Code is
amended as follows:
Sec. 15.04.060. Transportation, public, and utilities land
uses.
27 High Capacity Transit Facility
Ordinance Amending Title 15, KCC
30
Zoning Dishicts
Key
P=
Pi incilm I
Permitted
Uses
Special
Uses
C=
Conditiona
I Uses
A=
Accec of y
Uses
A- S S '
A R- 5 S S 11 R- R- II 11 11 11 P! D II 11 11 C C 11 5
II li li li
1 R R- R- R- R- T T R- R- R- H C C D C TC TC C II 11L !� 1- V✓
5 4. C C C A l 2 3
0 1 3 D 0 6 1 1 5 li H P C E -1 -L R 5
L 6
Commeid C C C C C
al Parking
lots or
shuchuet
Translmita C C C C C C C C C C C C C L C C C C C C C C C C C C C C C P C
lion and
transit L L L L L L L L L L L L L L L L L L L L L L L L L L L L L (6 L
facilities„ � � �
Will
"t ',city L L
rmait
fatalities
Railv✓ay C C C C C C C
and bus
depots,
taxi.stands
Utility and C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C
trangl lta
lion
facilities:
Electrical
sub tauon
pumping
or
regulating
devices for
28 High Capacity Transit Facility
Ordinance Amending Title 15, KCC
31
Zoning Dishicts
Key
P=
Pi incilm Ily
Peimitt=d
Me,
Special
Me,
C=
Condition
I Me,
A=
Accec,oi y
Me,
A- S S '
A R- S S 11 R- R- II 11 11 11 H D II 11 11 C C 11 5
5 II li li li
1 R R- R- R- R- T T R- R- R- H C C D C TC TC C II li !� 1- V✓
5 4. C C C A l 2 3
0 1 3 D 0 6 1 1 5 li H P C E -1 -L R 5
L 6
the
tra....nisi
on of
v✓atel,
gas,
steam,
Ivtioleum,
etc.
Public C C C C C C C C C C C C C C C C P C C C C C C C C C C C C C
facilities:
Hiehouse.,
,Ix Lice
.stations,
Iibraiies,
and
admini tra
five office_,
of
goveinme_.
Aal
agencies,
piinna Y
and
secondaiy
schools,
vocational
schools,
and
colleges
29 High Capacity Transit Facility
Ordinance Amending Title 15, KCC
32
Zoning Dishicts
Key
P=
Pi incilm l ly
Permitted
Uses
Special
Uses
C=
Conditiona
I Uses
A=
Accecsoi y
Uses
A- S S '
A R- S S 11 R- R- II 11 11 11 H 5 D II 11 11 C C 11 5
II li li li
1 R R- R- R- R- T T R- R- R- H C C D C TC TC C II li !� 1- V✓
5 4. C C C A l 2 3
0 1 3 D 0 6 1 1 5 li H P C E -1 -L R 5
L 6
Accecaa y A A A A A A A A A A A A A A A A A A A A A A A A A A A A A
uses and
buildings
custom",it
y
appuitena
It to a
Ivi miffed
use
Wifeless P P P P P P P P P P P P P P P P P P P
teleconmi
facility ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )
by
a
azdmanlministra
five. (3 (3 (3 (3 (3 (3 (3 (3 (3 (3 (3 (3 (3 (3 (3 (3 (3 (3 (3
approval ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )
Wireless C C C C C C C C C C C C C C C C C C C C C C C C C C C C
telecomm
unications (5 (5 (5 (5 (5 (5 (5 (5 (5 (5 (5 (5 (5 (5 (5 (4 (4 (4 (4 (4 (4 (5 (4 (4 (4 (4 (4 (4
facility ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )
(V TF)by
conditional (3 (3 (3 (3 (3 (3 (3 (3 (3 (3 (3 (3 (3 (3 (3 (3 (3 (3 (3
use permit ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )
A A EV A A A A A A A A A A A A A A A A A A A A A A A A A A A A A
charging
30 High Capacity Transit Facility
Ordinance Amending Title 15, KCC
33
Zoning Dishicts
Key
P=
PIincilx I
Pe,,,A t d
Uses
Special
Uses
C=
Condition
I Uses
A=
Accec of y
Uses
A- S S '
A R- 5 S S 11 R- R- II 11 11 11 PI D II 11 11 C C 11 5
II li li li
1 R R- R- R- R- T T R- R- R- H C C D C TC TC C II 11L !� 1- V✓
5 4. C C C A l 2 3
0 1 3 D 0 6 1 1 5 li H P C E -1 -L R 5
L 6
station ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )
A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A
Rapid
chon9
tln (1 (1 (1 (1 (1 (1 (1 (1 (1 (1 (1 (1 (1
o
0) 0) 0) 0) 0) 0) 0) 0) 0) 0) 0) 0) 0)
SECTION 3. -Amendment. Section 15.04.065 of the Kent City
Code is amended as follows:
Sec. 15.04.065. Transportation, public, and utilities land use
development conditions.
1. For WTF towers ninety {-493-feet or less for a single user and up to
one hundred twenty )-feet for two {2*or more users.
31 High Capacity Transit Facility
Ordinance Amending Title 15, KCC
34
2. For WTF towers that are within the allowable building height for the
district in which they are located.
3. All WTFs are subject to applicable portions of KCC 15.08.035.
4. A conditional use permit for a WTF is required if it is greater than
ninety-+9&9 feet for a single user or one hundred twenty )-feet for two
{2*or more users.
5. A conditional use permit is required if the WTF exceeds the
allowable building height of the district.
6. Transportation and transit terminal, including repair and storage
facilities and rail-truck stations, except classification yards in the category
of "hump yards."
7. Accessory uses shall not include vehicular drive through, drive-in, or
service bay facilities.
S. If on property owned, leased or otherwise controlled by the city or
other government entity subject to KCC 15.08.035(I).
9. Level 1 and 2 charging only.
10. Only as part of a general conditional use identified in KCC
15.08.030.
11. High capacity transit facilities shall be consistent with Chapter 15.15
KCC.
12. A Conditional Use Permit is required far high capacity transit
facilities that crass multiple zoning districts. No other transportation and
transit facilities are allowed in the MHP zoning district.
32 High Capacity Transit Facility
Ordinance Amending Title 15, KCC
35
SECTION 4.- New Section. Chapter 15.08 of the Kent City Code is
amended by adding a new section 15.08.450 to read as follows:
Sec. 15.08.450. Development agreements.
A. Pursuant to RCW 36.70B.170 through 36.70B.210, as amended, a
person or entity having ownership or control of real property within the
city may file an application for a development agreement with the
planning director, or on a form approved by the director and acceptable to
the city attorney, together with a filing fee as established by council
resolution.
B. Terms of the proposed development agreement shall be subject to
the pre-application conference established in KCC 12.01.080, along with
such other provisions of Chapter 12.01 KCC as may be deemed
appropriate by the director.
C. The director, and such designee as may be appointed for this
purpose, is authorized, but not required, to negotiate acceptable terms
and conditions of the proposed development agreement with due regard
for the following criteria:
1. The development agreement conforms to the existing
Comprehensive Plan policies.
2. The terms of the development agreement are generally
consistent with the development regulations of the city then in effect.
3. Appropriate project or proposal elements such as permitted
uses, residential densities, and nonresidential densities and intensities or
33 High Capacity Transit Facility
Ordinance Amending Title 15, KCC
36
structure sizes are adequately provided, to include evidence that the site
is adequate in size and shape for the proposed project or use; that it
conforms to the general character of the neighborhood; and that it would
be compatible with adjacent land uses.
4. Appropriate provisions are made for the amount and payment
of impact fees imposed or agreed to in accordance with any applicable
provisions of state law, any reimbursement provisions, other financial
contributions by the property owner, inspection fees, or dedications.
5. Adequate mitigation measures, development conditions, and
mitigation requirements under Chapter 43.21C RCW are provided,
including monitoring and adjustment of measures and conditions to ensure
mitigation is effective.
6. Adequate and appropriate design standards such as
maximum heights, setbacks, drainage and water quality requirements,
landscaping, and other development features are provided.
7. If applicable, targets and requirements regarding affordable
housing are addressed.
S. Provisions are sufficient to assure requirements of parks and
preservation of open space.
9. Interim uses and phasing of development and construction
are appropriately provided. In the case of an interim use of a parcel of
property, deferments or departures from development regulations may be
allowed without providing a demonstrated benefit to the city; provided,
that any departures or deferments to the code requested for a final use of
34 High Capacity Transit Facility
Ordinance Amending Title 15, KCC
37
the property shall comply with subsection (C)(11) of this section. The
agreement shall clearly state the conditions under which the interim use
shall be converted to a permanent use within a stated time period and the
penalties for noncompliance if the interim use is not converted to the
permanent use in the stated period of time.
10. Where a phased development agreement is proposed, a site
plan shall be provided and shall clearly show the proposed interim and
final uses subject to the agreement.
11. In the case of a development agreement where the proposed
use is intended to be the final use of the property, it shall be clearly
documented that any departures from the standards of the code that are
requested by the applicant are, in the judgment of the city, offset by
providing a benefit to the city of equal or greater value relative to the
departure requested. In no case shall a departure from the code be
granted if no benefit to the city is proposed in turn by the applicant.
12. Conditions are set forth providing for review procedures and
standards for implementing decisions.
13. Provisions for maintenance and operations, including
landscape maintenance.
14. A build-out or vesting period for applicable standards is
provided.
15. Provisions for resolving disputes.
35 High Capacity Transit Facility
Ordinance Amending Title 15, KCC
38
16. Any other appropriate development requirements or
procedures necessary to the specific project or proposal are adequately
addressed.
17. If appropriate, and if the applicant is to fund or provide public
facilities, the development agreement shall contain appropriate provisions
for reimbursement over time to the applicant.
18. Appropriate statutory authority exists for any involuntary
obligation of the applicant to fund or provide services, infrastructure,
impact fees, inspection fees, dedications, or other service or financial
contributions.
D. If the director deems that an acceptable development agreement
has been negotiated and recommends the same for consideration, the City
Council shall hold a public hearing and then may take final action, by
resolution, to authorize entry into the development agreement. In
addition, the Council may continue the hearing for the purpose of
clarifying issues, or obtaining additional information, facts, or
documentary evidence.
E. The decision of the Council shall be final immediately upon adoption
of a resolution authorizing or rejecting the development agreement.
F. Following approval of a development agreement by the Council, and
execution of the same, the development agreement shall be recorded with
the King County Recorder, at the applicant's expense.
G. Because a development agreement is not necessary to any given
project or use of real property under the existing Comprehensive Plan and
36 High Capacity Transit Facility
Ordinance Amending Title 15, KCC
39
development regulations in effect at the time of making application,
approval of a development agreement is wholly discretionary and any
action taken by the City Council is legislative only, and not quasi-judicial.
H. During the term of an approved development agreement, the
agreement is binding on the parties and their successors, and any permit
or approval issued by the city after execution of the development
agreement must be consistent with the development agreement.
I. The city will process and decide upon an application for an
amendment to an existing development agreement as if it were an
application for a new development agreement in the manner set forth
above, unless it is deemed a minor modification as set forth in subsection
J of this section.
J. Modifications of development agreements.
1. The director may approve minor modifications to an existing
development agreement. Criteria for approving minor modifications
include but are not limited to the following:
a. Shall conform to the terms of the development
agreement;
b. Shall not reduce landscaping, buffering, or open space
areas;
C. Shall not reduce setback requirements;
d. Shall not result in an increase in height of any
structure;
e. Shall not result in a change in ingress or egress;
37 High Capacity Transit Facility
Ordinance Amending Title 15, KCC
40
f. Shall not increase any adverse impacts or undesirable
effects;
g. Shall not significantly alter the project.
SECTION 5. — Amendment. Section 12.04.825 of the Kent City
Code is amended as follows:
Sec. 12.04.825. Approval criteria for commercial and
industrial sites.
A. Criteria. An application for a binding site plan on commercial or
industrial lands may be approved if the following criteria are satisfied:
1. Adequate provisions have been made for domestic water
supply, sanitary sewer, stormwater facilities and conveyance systems,
private and/or public streets, pedestrian access, vehicle access and
maneuvering, public and private utilities, and other public needs;
2. Each lot shall provide access to a public street and make
provisions for connectivity of alleys, pedestrian access ways, and other
public ways;
3. The binding site plan complies with, or makes adequate
provisions to comply with, applicable provisions of the building code, fire
code, public works design and construction standards, and zoning
standards;
4. Potential environmental impacts, together with any practical
means of mitigating adverse impacts, have been considered such that the
proposal will not have an adverse effect upon the environment;
38 High Capacity Transit Facility
Ordinance Amending Title 15, KCC
41
5. Approving the binding site plan will serve the public use and
interest and adequate provisions have been made for the public health,
safety, and general welfare.
B. Shared improvements. As a condition of approval, the city may
authorize or require the sharing of open space, parking, access, setbacks,
landscaping, and other improvements among contiguous properties.
Conditions of use, maintenance, and restrictions on redevelopment of
shared open space, parking, access, and other improvements shall be
identified on the binding site plan and enforced by covenants, easements,
or other similar mechanisms. Such agreements or restrictions shall be
recorded with King County and run with the land. Such agreements shall
be approved as to form by the city attorney prior to filing the final binding
site plan. The binding site plan shall contain any applicable irrevocable
dedications of property. The binding site plan shall contain a provision
requiring that any development of the site shall be in conformity with the
approved site plan and any applicable development regulations subject to
the vesting requirements of this chapter.
C. Phasing of development. Unless otherwise provided for in a
development agreement, development permit applications shall be
submitted for all structures and improvements shown on the binding site
plan within three {3ryears of approval. The planning manager may
administratively extend this period by one (1) additional year if requested
by the applicant. Permit applications submitted within that period shall be
subject to the vesting requirements of this chapter. If the applicant
chooses to develop the property in a phased development, the applicant
must execute a development agreement with the city pursuant to KCC
15.08.450
39 High Capacity Transit Facility
Ordinance Amending Title 15, KCC
42
Site rI!__, .. _l.Udi.ng: (S) __}:._g eppl!i.eabl.e to ___SegHent nArmi.tS; (—) the
phase; and
SECTION 6, — Severability. If any one or more section, subsection,
or sentence of this ordinance is held to be unconstitutional or invalid, such
decision shall not affect the validity of the remaining portion of this
ordinance and the same shall remain in full force and effect.
SECTION 7, — Corrections by City Clerk or Code Reviser. Upon
approval of the city attorney, the city clerk and the code reviser are
authorized to make necessary corrections to this ordinance, including the
correction of clerical errors; references to other local, state or federal laws,
codes, rules, or regulations; or ordinance numbering and
section/subsection numbering.
SECTIONS. — Effective Date. This ordinance shall become effective
thirty days after its publication. The city clerk is directed to publish a
summary of this ordinance at the earliest possible publication date.
SUZETTE COOKE, MAYOR
ATTEST:
RONALD F. MOORE, CITY CLERK
40 High Capacity Transit Facility
Ordinance Amending Title 15, KCC
43
APPROVED AS TO FORM:
TOM BRUBAKER, CITY ATTORNEY
PASSED: day of 12015.
APPROVED: day of 12015.
PUBLISHED: day of 12015.
I hereby certify that this is a true copy of Ordinance No.
passed by the city council of the City of Kent, Washington, and approved
by the Mayor of the City of Kent as hereon indicated.
(SEAL)
RONALD F. MOORE, CITY CLERK
F AC vlpord,n,n®AH19h CIpaoty Tr nslt F-hty 040315.do-
41 High Capacity Transit Facility
Ordinance Amending Title 15, KCC
44
45
ECONOMIC & COMMUNITY DEVELOPMENT
Ben Wolters, Director
PLANNING SERVICES
Charlene Anderson, AICP, Planning Manager
® Phone: 253-856-5454
F 14 Fax: 253-856-6454
WABHINGT°r 220 Fourth Avenue S.
Kent, WA 98032-5895
ADDENDUM TO CITY OF KENT COMPREHENSIVE PLAN REVIEW AND
MIDWAY SUBAREA PLANNED ACTION ENVIRONMENTAL IMPACT
STATEMENT (EIS) (#ENV-2010-3) AND CITY OF KENT DOWNTOWN
SUBAREA ACTION PLAN PLANNED ACTION SUPPLEMENTAL
ENVIRONMENTAL IMPACT STATEMENT (SEIS) (#ENV-2012-30)
ZONING CODE AMENDMENTS — HIGH CAPACITY TRANSIT FACILITIES
ZCA-2015-1 / RPP6-2150614
Responsible Official: Charlene Anderson, AICP
I. SCOPE
The City of Kent Economic & Community Development Department proposes
a non-project action that includes amendments to Kent City Code (KCC) Title
15, Zoning. Changes to KCC Title 15 give effect to the Midway Subarea Plan
(MSP) by applying design standards and permit processes to high capacity
transit facilities such as light rail. The zoning code amendments provide
clarity to, and reflect the vision for Midway found in the MSP (adopted
December 13, 2011).
The City of Kent Comprehensive Plan Review and Midway Subarea Planned
Action EIS evaluated alternative growth strategies at a programmatic level
for the Kent Planning Area (City limits and Potential Annexation Area). The
EIS refreshed the environmental review conducted for the City's
Comprehensive Plan and analyzed additional growth that would be focused in
Downtown, the Midway Subarea, and five potential Activity Centers. The
Supplemental EIS for the Downtown Subarea Action Plan Planned Action
(Draft issued June, 2013 and Final issued October, 2013) evaluated the
growth potential for the expanded Downtown study area as well as a lesser
level of growth in the Midway Subarea.
II. SEPA COMPLIANCE
On February 13, 2010, the City of Kent issued a Determination of
Significance (DS) and Notice of Scoping for the City of Kent Comprehensive
Plan Review and Midway Subarea Planned Action (ENV-2010-3). The City
solicited public comment on the scope of the DEIS during the comment
period and on October 22, 2010 the City of Kent issued a Draft EIS. The Final
EIS was issued and distributed on September 1, 2011. No appeals to the EIS
were filed.
Addendum 46
Zoning Code Amendments - High Capacity Transit Facilities
ZCA-2015-1 / RPP6-2150614
In 2012, the City of Kent Downtown Subarea Action Plan Planned Action
Supplemental Environmental Impact Statement (SEIS) analyzed three
alternatives and evaluated several environmental elements associated with
the update to the Downtown Subarea Action Plan (DSAP) (ENV-2012-30).
The SEIS also evaluated a lower level of growth in the Midway area than was
evaluated in the City of Kent Comprehensive Plan Review and Midway
Subarea Planned Action EIS. The Draft SEIS was issued in June, 2013 and
the Final SEIS was issued in October, 2013. No appeals to the SEIS were
filed.
No additional impacts are identified for the proposed amendments to Title
15; therefore an addendum to the EIS/SEIS is appropriate.
III. STATEMENT OF CONSISTENCY
This proposal is a nonproject action pursuant to WAC 197.11. Future project
actions associated with the design standards and permit processes for high
capacity transit facilities are subject to and shall be consistent with the
following: Kent Comprehensive Plan, Kent City Code, Environmental Policy,
International Fire Code, International Building Code, the City of Kent Design
and Construction Standards, the City of Kent Surface Water Design Manual,
Public Works Standards and all other applicable laws and ordinances in effect
at the time a complete project permit application is filed.
IV. ENVIRONMENTAL REVIEW - SCOPE OF ADDENDUM
The City of Kent has followed the process of phased environmental review as
it undertakes actions to implement the Comprehensive Plan. The State
Environmental Policy Act (SEPA) and rules established for the act, WAC 197-
11, outline procedures for the use of existing environmental documents and
preparation of addenda to environmental decisions.
Nonproject Documents - An EIS prepared for a comprehensive plan,
development regulation, or other broad based policy document is considered
"non-project," or programmatic in nature (see WAC 197-11-704).
Phased Review - SEPA rules allow environmental review to be phased so that
review coincides with meaningful points in the planning and decision making
process, (WAC 197-11-060(5)). Future projects identified and associated
with implementation of the code amendments related to design standards
and permit processes may require individual and separate environmental
review, pursuant to SEPA. Such review will occur when a specific project is
identified.
Prior Environmental Documents - The City of Kent issued a Draft
Environmental Impact Statement (DEIS) for the City of Kent Comprehensive
Plan Review and Midway Subarea Planned Action on October 22, 2010 and a
Final EIS on September 1, 2011 (#ENV-2010-3). The Midway Subarea Plan,
Midway Design Guidelines, amendments to development regulations, Land
Page 2 of 9
Addendum 47
Zoning Code Amendments — High Capacity Transit Facilities
ZCA-2015-1 / RPP6-2150614
Use Plan and Zoning Districts Maps were adopted by the City Council on
December 13, 2011, The City of Kent issued a Draft Downtown Subarea
Action Plan Planned Action Supplemental Environmental Impact Statement
(SEIS) in June, 2013 and a Final SEIS in October, 2013 (ENV-2012-30). The
SEIS evaluated a lower level of growth in the Midway area than was
evaluated in the City of Kent Comprehensive Plan Review and Midway
Subarea Planned Action EIS.
The proposed amendments to Kent City Code Title 15 relate to design
standards and permit processes for high capacity transit systems such as
light rail. These amendments are consistent with the City of Kent
Comprehensive Plan Review and Midway Subarea Planned Action EIS and the
Downtown Subarea Action Plan Planned Action Supplemental EIS.
Scope of Addendum — As outlined in the SEPA rules, the purpose of an
addendum is to provide environmental analysis with respect to the described
actions. This addendum regarding proposed code amendments to Kent City
Code Title 15 for design standards and permit processes related to high
capacity transit facilities does not identify new significant adverse impacts or
significantly change the prior environmental analysis; therefore it is prudent
to utilize the addendum process as outlined in (WAC-197-11-600(4)(c)).
ENVIRONMENTAL ELEMENTS
All environmental elements are adequately addressed within the parameters
of existing codes and ordinances, as well as the City of Kent Comprehensive
Plan Review and Midway Subarea Planned Action EIS and the Downtown
Subarea Action Plan Planned Action Supplemental EIS, drafts and finals.
Furthermore, subsequent project actions would require compliance with SEPA
environmental policy which may include separate environmental checklists.
Projects will be analyzed for consistency with mitigating conditions identified
in the EIS and may require new mitigation based upon site-specific
conditions.
The amendments to Kent City Code Title 15 for design standards and permit
processes related to high capacity transit facilities implement goals and
policies identified in the Land Use, Community Design and Transportation
Elements of the City's Comprehensive Plan and Midway Subarea Plan, as
follows:
Comprehensive Plan
Policy LU-2.3: Emphasize in development regulations and design review
processes site design standards which facilitate public transit, cyclist and
pedestrian circulation.
Policy LU-2.5: Via a public participation process, allow certain public and
private infrastructure, community, open space, and social service facilities
that serve the general population the freedom to locate throughout the City.
Such uses may include utility, transportation and communication facilities;
Page 3 of 9
Addendum 48
Zoning Code Amendments — High Capacity Transit Facilities
ZCA-2015-1 / RPP6-2150614
schools; public facilities; open space uses such as cemeteries, golf courses,
and so forth; and retirement homes, convalescent facilities and certain other
welfare facilities.
Goal CD-1:
Establish street and circulation patterns that encourage walking, bicycling, and
transit use.
Goal CD-2:
Incorporate amenities and features along neighborhood residential and
commercial streets that accommodate safe motor vehicle pedestrian, bicycle,
and transit use.
Policy CD-2.1: Establish, particularly in conjunction with new development,
distinctive crosswalks at major street intersections in neighborhood mixed-use
centers, commercial corridors, transit stops, in proximity to parks, and school
sites.
Policy CD-2.2: Where feasible, separate motorized vehicles, bicycles, and
pedestrian traffic along busy streets.
Policy CD-2.3: Design intersections with appropriate signage and traffic
control devices to safely accommodate pedestrians, bicyclists, and vehicular
traffic. Construct intersections with the minimum dimensions and turning radii
necessary to maintain established levels of service per the concurrency
requirements of the Growth Management Act,
Policy CD-2.4: Provide visually attractive streetscapes with street trees and
sidewalks on both sides of streets, planting strips, attractive transit shelters,
benches, and pedestrian-scale streetlights in appropriate locations that ensures
continuity of design, with consideration of existing building features.
Goal CD-3:
Establish site design standards that encourage pedestrian and bicycle use.
Consider equally during site design all modes of transportation access,
including pedestrian, bicycle, transit, and motor vehicle.
Policy CD-3.3: Encourage development to orient around existing and
proposed transit stops and to provide pedestrian amenities and convenient
access to the transit stops.
Policy CD-3.4: Encourage amenities for alternative transportation modes at
transit facilities (e.g. bike racks and lockers, pedestrian landing pads, or transit
shelters).
Policy CD-4.1: Encourage site and building access that considers the needs of
pedestrians and bicyclists by providing the most direct pedestrian access from
Page 4 of 9
Addendum 49
Zoning Code Amendments - High Capacity Transit Facilities
ZCA-2015-1 / RPP6-2150614
sidewalks and parking areas to building entrances while minimizing conflicts
with motor vehicle traffic,
Policy CD-4.2: Provide sheltered seating areas at heavily used transit stops,
plazas, and other appropriate locations along the pedestrian walkway.
Policy CD-4.3: Encourage awnings and other forms of pedestrian shelter
along building faces which front on sidewalks in mixed-use and pedestrian
districts.
Policy C13-4.7 — Business identification signage should be located to maximize
visibility for pedestrians, bicyclists and motorists, while remaining consistent
with the design theme and scale of the development, and any appropriate
design guidelines of the City.
Goal CD-5:
Develop mixed-use areas which are vital and attractive focal points of
community activity.
Policy CD-5.5: Encourage transit agencies to provide attractive and distinctive
shelters and seating for transit stops serving mixed-use areas.
Policy CD-5.6: Encourage activity around transit stops by surrounding them
with retail, office, and residential uses. Locate parking areas within short
walking distance of transit stops and other uses.
Goal CD-6:
Provide scale, layout, and character of commercial and mixed-use development
which is complimentary to the surrounding neighborhood and accommodating
to pedestrians.
Policy TR-1.10: Incorporate pedestrian and transit friendly design features
into new development. Examples include:
® Orient entries of major buildings to the street and closer to transit stops
rather than to parking lots.
® Avoid constructing large surface parking areas between the building
frontage and the street.
o Provide pedestrian pathways that provide convenient walking distances
to activities and to transit stops.
® Cluster major buildings within developments to improve pedestrian and
transit access.
® Provide weather protection such as covered walkways connecting
buildings, and covered waiting areas for transit and ridesharing.
® Design for pedestrian safety, providing adequate lighting and barrier free
pedestrian linkages.
Page 5 of 9
Addendum 50
Zoning Code Amendments - High Capacity Transit Facilities
ZCA-2015-1 / RPP6-2150614
® Provide bicycle connections and secure bicycle storage lockers convenient
to major transit facilities.
• Use design features to create an attractive, interesting and safe
pedestrian environment that will encourage pedestrian use.
® Design transit access to large developments, considering bus stops and
shelters as part of the project design.
® Encourage developers of larger commercial and public projects to provide
restrooms for public use.
Policy TR-4.5: Maintain a connected street network to give people more
options and to spread out the traffic over more streets.
Goal TR-7: Improve the Non-Motorized transportation system to provide a
comprehensive system of connecting sidewalks, walkways, on-street bicycle
facilities and shared-use paths that will encourage increased usage and safe
travel.
Policy TR-7.2: Provide non-motorized facilities including signage within all
areas of the City to connect land use types, facilitate trips made by walking
or bicycling, and reduce the need for automobile trips.
Policy TR-7.3: Create a comprehensive system of pedestrian facilities using
incentives and regulations. All future development should include pedestrian
and bicycle connections to schools, parks, community centers, public transit
services, neighborhoods and other services. Provide special attention to the
requirements set forth in the Americans with Disabilities Act (ADA) regarding
the location and design of sidewalks and crosswalks.
Policy TR-7.5: Encourage an increase in the percent of modal share of
commuter trips made by cyclists by the year 2030 by fostering an
environment that eliminates deterrents to bicycling and encourages bicycle
use city-wide for all types of trips.
Policy TR-7.7: Encourage the installation of safe and secure bicycle parking
facilities at park and ride facilities, train/transit stations, shopping malls,
office buildings, and all land use types that attract the general public.
Policy TR-8.9: Coordinate with transit providers and other transportation
agencies in the design and placement of bus shelters and transit supportive
facilities that are needed at both ends of the transit trip when the transit
rider becomes a pedestrian or a bike rider. These include but are not limited
to transit shelters, bike racks or lockers, good (illuminated) pedestrian paths
to and from transit stops and covered walkways wherever possible. Work
with transit agencies and developers to design transit facilities that are
compatible with neighborhood character.
Midway Subarea Plan
Goal MLI3-3: Establish a multimodal circulation network within areas
designated Transit Oriented Community that is safe, interesting and
Page 6 of 9
Addendum 51
Zoning Code Amendments - High Capacity Transit Facilities
ZCA-2015-1 / RPP6-2150614
encourages walking, bicycling and transit use, and connects to surrounding
neighborhoods.
Policy MLU-3.1: Create a network of attractive and identifiable pedestrian
and bicycle linkages within commercial and residential uses to nearby public
amenities, transit facilities, and streets.
Goal MUD-1: Create a place that is distinctive, aesthetically beautiful,
evokes permanence of the built environment, and supports social interaction
in the dynamic urban center of the areas designated Transit Oriented
Community.
Policy MUD-1.1: Ensure quality and durable materials and interesting
architectural details are incorporated into new and remodeled structures,
including structures for parking, mechanical services, or solid waste
collection.
Policy MUD-1.3: Create public plazas, building entrances, and pathways
that are integrated into the private and public realm to encourage social
interaction and to facilitate the use of public transportation.
Policy MUD-1.6: Provide visual interest at entrances to stand-alone or
internal structured parking facilities.
Policy MUD-1.7: Reduce the visual impact of surface parking by using
measures such as minimizing curb cuts, enhancing the landscaping at
entries, and prohibiting surface parking between buildings and sidewalks.
Policy MUD-1.8: Encourage public and private art in public open areas and
on buildings.
Goal MUD-3: Create streetscapes that provide for ease of movement,
personal safety, pleasant aesthetics, and a stage for public engagement
within areas designated Transit Oriented Community.
Policy MUD-3.1: Design streets to be urban in character, easy and safe for
pedestrians to cross, and where vehicular movement is slowed by design.
Policy MUD-3.4: Provide pedestrian amenities along the public and private
sidewalks such as seating, human scale lighting, transit shelters, and shelter
from the weather.
Policy MUD-4.1: Establish methods to encourage the use of alternative
modes of transportation, including maximum parking standards and shared
parking agreements.
Policy MUD-4.2: Reduce the supply of surface parking.
Page 7 of 9
Addendum 52
Zoning Code Amendments - High Capacity Transit Facilities
ZCA-2015-1 / RPP6-2150614
Policy MUD-4.3: Encourage structured parking.
Goal MT-1: Establish a connected street system that encourages walking
and bicycling; supports transportation investments, including existing and
future mass transit; and connects surrounding single-family neighborhoods
to Midway while protecting them from the impacts of spillover traffic.
Policy MT-1.3: Work with the City of Des Moines and Washington State
Department of Transportation to consider connecting the Pacific Ridge
Neighborhood north of SR-516 to Midway via a 30`h Ave South bridge over
SR-516.
Policy MT-1.6: Identify and, where feasible, connect local and regional
bicycle and pedestrian trails to the Midway Pedestrian & Bike Path Framework
system in Land Use Scenario 4.0.
Policy MT-2.1: Establish pedestrian-friendly design standards for streets,
sidewalks, and lighting.
Policy MT-2.3: Provide safe mid-block pedestrian passage-ways to public
amenities when urban block sizes are 400 linear feet or greater.
Policy MT-2.5: Work with transit agencies to ensure safe access to local and
regional transit, including but not limited to covered bus shelters and sky-
bridges.
Policy MT-3.1: Work with Sound Transit during all phases of planning for
the extension of light rail into Midway to ensure Kent's preferred rail
alignment and station location are realized.
Policy MT-3.2: Work with Sound Transit and other entities to provide an
elevated pedestrian crossing over Pacific Highway South near Highline
Community College.
Policy MT-3.3: Work with Sound Transit and additional partners to establish
a shared parking structure associated with the future light rail station
proposed in the vicinity of Highline Community College.
Policy MT-3.4: Integrate any proposed parking structure associated with the
light rail station into the urban landscape by adding commercial uses at
ground floor, an active pedestrian plaza, and art to enhance the pedestrian
environment and minimize the impact of vehicular traffic.
Policy MT-3.5: Work with transit agencies and private entities to ensure
communities, businesses, and park & ride facilities located outside of the
one-half mile radius around the future light rail stations are connected to the
high capacity transit system.
Page 8 of 9
Addendum 53
Zoning Code Amendments — High Capacity Transit Facilities
ZCA-2015-1 / RPP6-2150614
V. SUMMARY AND RECOMMENDATION
A. SUMMARY
Kent City Code section 11.03,510 identifies plans and policies from
which the City may draw substantive mitigation under the State
Environmental Policy Act. This nonproject action has been evaluated in
light of those substantive plans and policies as well as the overall
analysis completed for the City of Kent Comprehensive Plan Review
and Midway Subarea Planned Action EIS and Downtown Subarea
Action Plan Planned Action Supplemental EIS.
S. DECISION
The regulatory code amendments are consistent with the range, types
and magnitude of impacts and corresponding mitigation outlined in the
City of Kent Comprehensive Plan Review and Midway Subarea Planned
Action EIS and Downtown Subarea Action Plan Planned Action
Supplemental EIS. No new significant adverse environmental impacts
associated with adoption of the proposed design standards and permit
processes for high capacity transit facilities have been identified.
Dated: April 3, 2015
Signature: Charlene Anderson,Anderson, AICP, SEPA Responsible Official
CA\ah\5:\Pe rmit\Plan\ENV\2015\H Cr_Ord Ina nce_a d dend um.doc
Page 9 of 9
54
55
PUBLIC WORKS DEPARTMENT
Timothy J. LaPorte
Public Works Director
400 West Gowe
KENT Kent, WA 98032
was„,,, TON Fax: 253-856-6500
PHONE: 253-856-5500
April 2, 2015
TO: Chair Randall Smith and Land Use & Planning Board Members
FROM: Todd Hunsdorfer, Conservation Coordinator, Public Works
RE: Critical Areas Ordinance and Flood Hazard Regulations code updates
April 13, 2015 Public Hearing
MOTION: Recommend to the City Council approval/denial/modification of
amendments to KCC 11.06, Critical Areas Ordinance, and 14.09, Flood
Hazard Regulations as presented by staff.
SUMMARY: The City is scheduled to complete an update to the Kent
Comprehensive Plan by June 30, 2015, as required by the State of Washington
Growth Management Act (GMA). GMA also requires the City to review and update
as necessary its Critical Areas Ordinance (CAO) to be consistent with best available
science. All development regulations, including the CAO, must be consistent with
the Comprehensive Plan.
BACKGROUND: The Growth Management Act requires that the CAO is reviewed
periodically for consistency with state law, federal law, and best available science.
Staff worked with consultants to examine these issues, and make necessary
changes. Many of the edits were completed to improve the clarity of specific
definitions, and simplify the process of administering the code.
The CAO protects critical or environmentally sensitive areas: wetlands, fish and
wildlife habitat areas (including streams), geologic hazard areas, aquifer recharge
areas, and frequently flooded areas as regulated under KCC 14.09 (Flood Hazard
Regulations).
While the majority of these codes remain unchanged, a few areas have been
updated to comply with state law, federal law, and best available science. A list of
the more substantive changes is enclosed.
RECOMMENDATION: To ensure compliance with the Growth Management Act,
staff recommends updating KCC 11.06 and 14.09 with the revisions identified in the
enclosed documents.
56
57
I
ORDINANCE NO.
AN ORDINANCE of the City Council of the
city of Kent, Washington, amending Chapter 11.06
of the Kent City Code, entitled "Critical Areas"
RECITALS
A.
B.
C.
D.
E.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
ORDINANCE
KCC 11.06
Critical Areas
Ordinance
58
I
SECTION 1. -Amendment. Chapter 11.06 of the Kent City Code is
hereby amended as follows:
Article I. Procedural and Administrative Provisions
Sec. 11.06.010. Title. This chapter shall be hereinafter known as
the city of Kent critical areas code.
Sec. 11.06.020. Purpose and intent.
A. The city of Kent contains numerous areas that can be identified and
characterized as critical-bt erw+jftfrreFit sew. Such areas within the
city include wetlands, streams, wildlife and fisheries habitat, geologic
hazard areas, frequently flooded areas, and critical aquifer recharge areas.
B. The city finds that these critical areas perform a variety of valuable
and beneficial biological, physical and economic functions that benefit the
city and its residents. Alteration of certain critical areas may pose a threat
to public safety, private property, and the environment. The city finds,
therefore, that identification, regulation, and protection of critical areas is
necessary to protect the public health, safety, and general welfare. The
city further finds that the functions of critical areas, and the purpose of
these regulations, include the following:
1. Wetlands. Wetlands perform a variety of functions that
include maintaining water quality; storing and conveying storm water and
floodwater; recharging groundwater; providing important fish and wildlife
habitat; and providing areas for recreation, education, scientific study, and
aesthetic appreciation.
KCC 11.06
Critical Areas
Ordinance
59
I
Wetland buffers serve to moderate runoff volume and flow rates; reduce
sediment, chemical nutrient, and toxic pollutants; provide shading to
maintain desirable water temperatures; provide habitat for wildlife; and
protect wetland resources from harmful intrusion.
The primary goals of wetland regulation are to avoid wetland impacts; to
achieve no net loss of wetland function and value,-Bray-a4se �x
a N eac�44Fa#5ts f+ eta r # aa4tes; to
provide levels of protection that reflect the sensitivity of individual
wetlands and the intensity of proposed land uses; and to restore and/or
enhance existing wetlands, where possible.
The city of Kent's program for wetland protection is a combination of
regulatory and nonregulatory programs designed to collectively provide for
protection of wetland functions and values in a manner which is consistent
with best available science and the other goals and objectives of the
Growth Management Act, Chapter 36�.70A RCW.
Protection of the water quality and hydrologic functions of wetlands is
accomplished in Kent by a combination of storm water management
controls (including both water quality controls and flow controls) regulated
pursuant to Ch. 6.02 7.07, and 7.14 KCC, and wetland buffers imposed
pursuant to this chapter. Taken together these programs will provide
adequate water quality and hydrologic protection to meet best available
science requirements.
2. Fish and wildlife habitat conservation areas.
KCC 11.06
Critical Areas
Ordinance
60
a. Streams and their associated riparian corridors provide —(Fo matted:Indent:First line: 1"
important fish and wildlife habitat, including habitat for threatened and
endangered species; help maintain water quality; store and convey storm
water and floodwater; recharge groundwater; and serve as areas for
recreation, education, scientific study, and aesthetic appreciation. Stream
buffers serve to moderate storm water runoff volume and flow rates;
reduce sediment, chemical nutrient, and toxic pollutants; provide shading
to maintain desirable water temperatures; provide habitat for wildlife; and
protect stream resources from harmful intrusion.
The primary goals of stream regulation are to avoid or otherwise mitigate
significant impacts to streams and associated riparian corridors; to protect
threatened and endangered species; to protect water quality through
appropriate management techniques; and, where possible, to provide for
stream enhancement and rehabilitation.
tlb. Wildlife habitat provides opportunities for food, cover,
nesting, breeding, and movement for fish and wildlife within the city;
maintains and promotes diversity of species and habitat within the city;
integrates habitat protection with elements of the city's open space
system; helps maintain air and water quality; helps control erosion; serves
as areas for recreation, education, and scientific study and aesthetic
appreciation.
The primary goals of wildlife habitat regulations are to identify and protect
fish and wildlife habitat; to avoid impacts to critical habitats for fish and
wildlife; to implement the goals of the Endangered Species Act; to promote
connectivity between habitat areas to allow for wildlife movement; to
provide multi-purpose open space corridors; and where possible to
enhance and rehabilitate wildlife habitat.
KCC 11.06
Critical Areas
Ordinance
61
I
3. Geologic hazard areas. Geologic hazard areas include land
characterized by geologic, hydrologic, hydrodeologic.ai=xd-topographic and
vegetation conditions that render them susceptible to varying degrees of
risk efrorn€ landslides, erosion, seismic or volcanic activity.
The primary goals of regulating geologic hazards are to avoid and minimize
potential impacts to life and property; to regulate land uses where
necessary; and to conduct appropriate levels of analysis to ensure sound
engineering and construction practices to address mitigate and
potentially avoids identified hazards.
4. Critical aquifer recharge areas. Aquifer recharge areas provide
a source of potable water and contribute to stream discharge/flow during
periods of low flow. The city finds that certain locations are susceptible to
contamination of water supplies by infiltration of pollutants through soil to
groundwater aquifers.
The primary goals of aquifer recharge regulations are to protect critical
aquifer recharge areas and groundwater quality by avoiding or limiting
land use activities that pose potential risk of aquifer contamination; and to
minimize impacts to significant aquifer recharge areas through the
application of performance standards.
5. Fre cent( flooded areas. Flood Mains and other areas sub ect� —(Formatted:Justified,Indent First line os,
lLinespaang 151ines J
to flooding pe form impo font h dy rologic functions and mawpresent a nsl<. Fom,atted:Font:verdana,11 pt
to persons and grope ty. The primarygoals of flood hazard regulations are
to limit the effects of flooding on hulrlan health and safetX and to rra otect
public facilities and services. The city of Kent's Flood Hazard Regulations
K�� 14.OJ regulate activities within frequently flooded areas in order to
KCC 11.06
Critical Areas
Ordinance
62
promote public health safety and general welfare and to minimize public
and private losses due to flood conditions in the city.
�,crrrC � -____--Formatted:Indent:First line: 0.5"
he----- ------"(Formatted:Indent:Firstline: 0"
c"ii?E�—flt�."�EEth3f?.�=�JE iJicltedy.—�J'„fy—�r�-e,JfE'���e�.i�F-E�,J—�E,EyO.fflt�d__FF?�:-ijt�cl�Ft�E�_cIFE�S-�
' ''QI�TiYICErI'C1'- 'Cf �RJ-RiR`r"ICICCI-Yb-t("At"T'RiYI uuY -'I u�
FFttttgate-pr�teFtFtaF-tF aEts-te the-etFy',s- tteaF-eFea-,efl -t&-enhar ee-arid
rce v hef-E t {e—TF,e— FteFt f tk se
FItK-,a- if+-�
c+retfFFrst ate rpa�ts-tcrsp�eEi#+ed-eFitieef-�.. ems-F�7trfti�-fFF�r-Fegt rFatc-d
aet+aitiFs-triay-t�-RrrFrrrr�ed� �ectrfteat-FeE#tfc�l-a+�ifF>F�ttc-d-€cam
Sec. 11.06.030. Regulated activities.
A. The provisions of this chapter shall apply to any regulated activity
that potentially affects a critical area or its buffer unless otherwise
exempted by these regulations. Applicable activities are as follows:
1. Removing, excavating, disturbing, or dredging soil, sand,
gravel, minerals, organic matter or materials of any kind.
2. Dumping, discharging, or filling with any material.
3. Draining, flooding, or disturbing the water level or water
table, or diverting or impeding water flow.
4. Driving pilings or placing obstructions.
KCC 11.06
Critical Areas
Ordinance
63
I
5. Constructing, substantially reconstructing, demolishing, or
altering the size of any structure or infrastructure.
6. Destroying or altering vegetation through clearing, grading,
harvesting, shading, or planting vegetation that would negatively affect the
character of a critical area.
7. Activities that result in significant changes in water
temperature, physical or chemical characteristics of water sources,
including quantity and pollutants.
S. Any other activity potentially affecting a critical area or buffer
not otherwise exempt from the provisions of this chapter as determined by
the department.
9. The construction of new recreation trails within the buffer. *.___--' Formatted:Indent:First line: OS'
�e—E{HFStfsFA�}Efh1—Fi _ , ----'-Formatted:Indent:First line: 0.5"
,T=2���'�4��we-iFy-�4�s��„��', F�stH+etec-l-fsf-��eF+F��l�4e-FF�te�iaFs
k��—t�o-aatErr—F�aF�y—aflr�wo--adegt�atc�trFfaf-e—t�aatc-�a�rE4
�ie�,iE}rred-t�-r ��Fe�4i-re e-tie-F,��rEwtirf-�-tFees-
Where a regulated activity would be partly within and partly outside a
critical area or its buffer, the entire activity shall be reviewed pursuant to
the requirements of this chapter.
*--____--(Formatted:Indent:First line: 0.5"
B. To avoid duplication, all permits and approvals identified in Ch.
12.01 KCC shall be subject to, and coordinated with, the requirements of
this chapter.
KCC 11.06
Critical Areas
Ordinance
64
I
C. Nonproject actions, including but not limited to rezones,
comprehensive plan map amendments, annexations, and the adoption of
plans and programs, shall be subject to the requirements of this chapter.
However, the department may at its discretion permit any studies or
evaluations required by this chapter to use methodologies and provide a
level of detail appropriate to the action proposed.
D. Activities within the Green River Nnatural Resources Aarea shall be
subject to this chapter with the exception of activities allowed by
Resolution 922, adopted by the city of Kent in March 1981.
Sec. 11.06.040. Exemptions.
A. The following activities performed on sites containing critical areas
or on sites that can be irnpacted by critical areas as defined by this chapter
shall be exempt from the provisions of these regulations:
1. Conservation or preservation of soil, water, vegetation, fish,
and other wildlife that does not entail changing the structure or functions
of the critical area.
2. Existing and ongoing agricultural activities, as defined in this
chapter.
3. Activities involving artificially created wetlands or streams
intentionally created from nonwetland sites, including, but not limited to,
grass-lined swales, irrigation and drainage ditches, retention or detention
facilities, and landscape features, except wetlands or streams created as
mitigation or that provide critical habitat for anadromous fish.
KCC 11.06
Critical Areas
Ordinance
65
I
4. Operation, maintenance, repair, and reconstruction of existing
structures, roads, trails, streets, utilities, and associated structures, dikes,
levees, or drainage systems; provided, that reconstruction of any facilities
or structures is not "substantial reconstruction," may not further encroach
on a critical area or its buffer, and shall incorporate best management
practices.
5. Normal maintenance, repair, and reconstruction of_�u� blic
residential,, or commercial structures, facilities, and landscaping; provided,
that reconstruction of any structures may not increase the previous
footprint;;-_ ehapter—are
6. The addition of floor area within an existing building which
does not increase the building footprint.
7. Site investigative work and studies that are prerequisite to
preparation of an application for development including soils tests, water
quality studies, wildlife studies, and similar tests and investigations;
provided, that any disturbance of the critical area shall be the minimum
necessary to carry out the work or studies.
S. Educational activities, scientific research, and outdoor
recreational activities, including but not limited to interpretive field trips,
birdwatching, boating, swimming, fishing, and hiking, that will not have a
significant effect on the critical area.
9. The harvesting of wild crops and seeds to propagate native
plants in a manner that is not injurious to natural reproduction of such
KCC 11.06
Critical Areas
Ordinance
66
I
crops, and provided the harvesting does not require tilling of soil, planting
of crops, or alteration of the critical area by changing existing topography,
water conditions, or water sources.
10. Emergency activities necessary to prevent an immediate
threat to public health, safety, property, or the environment which requires
immediate action within a time too short to allow full compliance with this
chapter as determined by the department.
11. Development of lots vested and/or legally created through a
subdivision short subdivision or other lectal means and ar�prgved prior to
the effective date of the ordinance codified in this chapter Crowded the --'(Porma .No underline
division of land was for a sLecified use and the development is consistent
with that approved use.F weF f e+t 5# is a _ e4
reafts—�
Fdffid�W-,
12. Removal of invasive plants and planting of native vegetation
in wetland and wetland and stream buffers for the purpose of enhancing
habitat values of these areas pursuant to an approved mitigation plan.
13. Stabilization of sites where erosion or landsliding threatens
public or private structures, utilities, roadways, driveways, or publicly
maintained trails or where erosion or landsliding threatens any lake,
stream, wetland, or shoreline. Stabilization work shall be performed in a
manner which causes the least possible disturbance to the slope and its
vegetative cover. This activity shall be performed in accordance with
approved site stabilization plans.
KCC 11.06
Critical Areas
Ordinance
67
I
14. Minor activities not mentioned above and determined in
advance and in writing by the director to have minimal impacts to a critical
area.
B. Notwithstanding the exemptions provided by this section, any
otherwise exempt activities occurring in or near a critical area or its buffer
shall comply with the intent of these standards and shall consider onsite
alternatives that avoid or minimize significant adverse impacts. Emergency
activities shall mitigate for any impacts caused to critical areas upon
abatement of the emergency.
C. With the exception of emergency actions, a3el--existing and ongoing
agricultural activities, and educational and recreation activities that will not
have a significant effect on the critical area no property owner or other
entity shall undertake exempt activities prior to providing fourteen (14)
days' notice to the director and receiving confirmation in writing that the
proposed activity is exempt. In case of any question as to whether a
particular activity is exempt from the provisions of this section, the
director's determination shall prevail and shall be confirmed in writing.
D. Legally established uses, developments, or structures that are
nonconforming solely due to inconsistencies with the provisions of this
chapter shall not be considered nonconforming pursuant to KCC
15.08.100. Reconstruction or additions to existing structures which intrude
into critical areas or their buffers shall not increase the amount of such
intrusion except as provided by KCC 11.06.100(A). Once a nonconforming
use is discontinued for a period of one (1) year, that use cannot be
reestablished.
KCC 11.06
Critical Areas
Ordinance
68
I
E. The exemptions established by this section shall apply only to
activities that are otherwise permitted by federal, state, and/or local laws.
Sec. 11.06.045. Review and inspection fees. The city council
shall, by resolution, establish the fees to be assessed to implement and
operate the regulations adopted in this chapter. The resolution may require
that certain fees be pre-paid and/or designated to be nonrefundable
because staff time and materials will be expended whether or not the
permit applied for is approved by the city or pulled by the applicant. In the
event of any conflict or ambiguity regarding any fees authorized under this
chapter and established by council resolution, the PH131 e HeFks director is
authorized to interpret the fee schedule(s) to resolve that conflict or
ambiguity.
Sec. 11.06.050. Critical areas maps. The approximate location
and extent of critical areas within the city are shown on the critical areas
inventory maps. These maps shall be used for informational purposes and
as a general guide only, for the assistance of property owners and other
interested parties; the boundaries and locations shown are generalized.
The actual presence or absence, type, extent, boundaries, and
classification of critical areas on a specific site shall be identified in the field
by a rtua4+4e4—E7&Fv u[t tgualified professional and confirmed by the
department, according to the procedures, definitions, and criteria
established by this chapter. In the event of any conflict between the critical
area location or designation shown on the city's maps and the criteria or
standards of this chapter, the criteria and standards shall prevail.
Sec. 11.06.060. Relationship to other regulations.
KCC 11.06
Critical Areas
Ordinance
69
I
A. These critical area regulations shall apply as an overlay and in
addition to zoning, land use, and other regulations established by the city
of Kent. In the event of any conflict between these regulations and any
other city regulations, those regulations which provide greater protection
to environmentally critical areas shall apply, as determined by the director.
B. Areas characterized by specific critical areas may also be subject to
other regulations established by this chapter due to the overlapping or
multiple functions of some critical areas. Wetlands, for example, may be
defined and regulated according to the wetland, wildlife habitat, and
stream management provisions of this chapter. In the event of any conflict
between regulations for particular critical areas in this chapter, the
regulations which provide greater protection to environmentally critical
areas shall apply, as determined by the director.
G compliance with the provisions of this chapter does not constitute
compliance with other federal State and local re ulations and permit
equirements that may be required including but not limited to the
Washington Department of Fish and Wildlife hydraulic ecl tap rp oval
jHPA) Army Corps of Engineers Section 404 permits Ecology Section 401
permits, and [National Pollution Discharge Elimination System (NPDESj
permits. The applicant is responsible for complyinq with these
equirements. in addition to the processes established in this chapter.
Sec. 11.06.070. Critical area review process and application
requirements.
A. Pre-application conference.
KCC 11.06
Critical Areas
Ordinance
70
tO C'CRa/� the
eF
apply
1�. FOF PFOJeetS ....:-h -_e -- --- -- -..:- eh8pteF94 -_e eXeFRJ4
`FeFH the SERA
FeelH = Tthe applicant is encouraged to meet with
the city prior to submitting an application, as described in the ore-
aoolication guidelines of Chanter 12.01 KCC.
2. The purpose of these meetings shall be to discuss the city's• —(Fo matted:Indent:Left: O%Fntline: OS'
critical area requirements, processes, and procedures; to review any
conceptual site plans prepared by the applicant; to identify potential
impacts to critical areas and appropriate mitigation measures; and to the
extent it can be determined, generally inform the applicant of any known
federal or state regulations or approvals applicable to the subject critical
area. Such conference shall be for the convenience of the applicant, shall
not constitute legal advice or scientific opinion, and any recommendations
shall not be binding on the applicant or the city. It shall be the applicant's
sole responsibility to identify and secure all necessary permits from any
agencies with jurisdiction notwithstanding that the city of Kent may also
have the authority to issue a permit.
3- ____ ____ ____ ____ Formatted:Font:(Defau It)Verdana,II pt
B. Application re uirements. Formatted:Normal,Indent:Left: 0.5", No
PP Q bullets or numbering
1. Timing of submittals. Concurrent with submittal of a SEPA
checklist, or concurrent with submittal of an application for projects
exempt from SEPA, a critical area report must be submitted to the city for
review. The purpose of the report is to determine the extent,
characteristics, and functions of any critical areas located on or potentially
affected by activities on a site where regulated activities are proposed. The
KCC 11.06
Critical Areas
Ordinance
71
I
report will also be used by the department to determine the appropriate
critical area rating or classification, where applicable, and to establish
appropriate buffer requirements.
2__ ____;�-- -Report contents. Reports and studies required to be -- (Fo matted:Font (Default)Verdana,11 pt J
submitted b this chapter shall contain, at a minimum, thre—Information Formatted:List Paragraph,Justified,Indent:
y p Left: 0",First line: 0.5",Right: -0.03",Line
indicated in the subsequent sections of-++- —te this chapter spacing: 1.5 lines,Numbered+Level: l+
r Numbering Style: 1,2,3,...+Start at:2+
applicable to each critical area and the followinc at. lment:Left+Aligned at: OJS"+Indent
a. The name and contact information Gf the a Irplcant a Fonmattea:Font Verdana
description Gf the proposal and identification Gf the permit requested
D. Addresses and parcel numbers Gf the critical areas
"(Formatted:Font Verdana
b. COJ of the SItP_ Jan for t{'IF± deVeo Jrl"lel"It JI"O OSa'--- --- Formatted:Justified,Indent:First line: 1",
Line spacing 1.5 lines
InCUdInG[ Formatted:-Font:Verdana----------------�
i. A..map to scale depleting critical. areas buffers Formatted:Font Verdana J
the developl'rlerlt JrGSa and any areas to be Cleared' matted:and Foatted:Justified,Indent First line 1.5",
�--- (Line spacing 1.5 lines,Tab stops 1 56 ,Left
Formatted:Font:Verdana
II. A deccrlption of the proposed storrinwatei- --�Formatted:Justified,Indent First line 15",
-- -- -- - Line spacing 1.5 lines
J
management plan fGr the develGpment and cGnsideratiGn Gf impacts tG {Formattea:Font Verdana �
druinacae alterations.
c. The dates names and qualifications of the rersons- Pa.
attea:Jusneed,mdent:First line: I",
Line spacing: 1.5 lines l
preparing the report and documentation Gf any fieldwork performed Gn the
site
d. (Formattea:Font Verdana
wetlands water bodies, and buffers adiacent tG the proposed eject area
(Formattea:Font Verdana
KCC 11.06
Critical Areas
Ordinance
72
e. A staterlent specifying the accuracy of-the repot and (Formatted:Font Verdana
all assumptions made and relied upon'
f. ( n a sessment of the probable Impacts-to critical areas Fom,attea:Font:Verdana
esultin� from developlrient of the site the p oposed developlrient and Fomattea:Font Verdana
potential impacts from critical areas to the proposed developlrient of the
site
g. descrl Aim of reasonable efforts triode to appl y CFormattea:Justified,Line spacing 1 5lines
-- -(Formatted:Font Verdana J
mitigation sequencing pursuant to Mitiaatarn Sequencing�K�� 11.06. 80) Formatted:Justified,Indent First line 1 ,
tG avoid minimize and mitigate In"Ipacts tG cCItlCa areas' Line spacing I5lines _
�(Formattea:Font Verdana
---CFormattea:Font Verdana J
h. Plans for adequate mlti awn as needed, to offset any (Formatted.Font Verdana
impacts in accordance with Mitigation .Standards (KCC 11 2L55Q L (Fo mattes:Font verdana
IncludlnG but not limited to - Formatted:Font:Verdana
{Formatted:Font Verdana
I. The Im pacts of an �ro�Gsed deveo.iment wlthin< --[Fom,attea:Font Verdana
or adjace t to a critical area or buffer on the critical area and the For matted:Justified,Indent First line Ls
(Linespacing I51ines
potential adverse impact of a critical area to the developme t' (Formatted:Font:Verdana
(Formatted:Font Verdana
II. The Impacts. of any�-�roposed .alteration.. of a -{Formatted:Font verdana
critical area or buffer on the developlrient proposal other properties and
the environment:
dl cussion of the �e formance tandards a��licable� [Line
Justified,Indent Frst line I �
Line spacispacing 1 5lines
to the critical area and proposed activity' {Foa:Font Verdana
. financial r uarantees to ensure com�liance' and —{Fom,attea:Font verdana
KCC 11.06
Critical Areas
Ordinance
73
<:. env additional Information required for the critical area Fo matted:Font verdana
as specified in the corresponding chapter.
Formatted:Font:Verdana
o reflect• Formatted:Font (Default)Verdana,11 pt_-J
3. The depa tment may tailor the Information required t , ' - -
_-- _-- -- _-- -- -- Formatted:List Paragraph,Justified,Indent:
the corl"Ipexlty Gf the propGsa and the SenSitl Vlty of critical areas that may Left: 0",First line: 0.5",Right: -0.03",Line
spacing: 1.5 lines,Numbered+Level: 1+
pGtentidlly be present. Numbering Style: 1,2,3,...+Start at:2+
Alignment:Left+Aligned at: 0.75"+Indent
at: 1"
Formattea:Font (Default)Verdana,11 pt
4. Unless otherwise crowded a critical area re�o t ma be `.(Fonmattea:List Paragraph,Justified,Right
sLlppleriented by or Corry In wI'lole or in part of any repot or oo Line spacing 1.5 lines
studies required by other laws and regulations or previously �epared for Formatted:Font:Verdana
J
Formatted:List Paragraph,Justified,Indent:
and aLJ�ICabe tG the deveG f7erit rG GSa Site aS aJJfGVed b the Left: 0",Firstline: 0.5",Right: -0.03",Line
spacing: 1.5 lines,Numbered+Level: 1+
dl rector. Numbering Style: 1,2,3,...+Start at:2+
--- ---- ---- ---- ---- ---- ---- Alignment:Left+Aligned at: 0.75"+Indent
at: 1„
5. The Director rnaY require additional Information to be �,� ' �Fo""attea Font Verdana,ll pt _ ]
included in the critical area repo t when determined to be necessary to the Formatted:Font Verdana
Formatted:Font:Verdana,11 pt
ll
reVleW of the DropoSP_d actl Vity Irl aCC01"darlCB With this Title. Additional ` Formatted:Justified,Indent:First li .5"ne: 0 ,
information that may be required Includes but IE; nut limited to: (Linespacing 151ines,
_ Formatted:Font Verdana,11 pt,Font color
Black
a. Historical data, Including original and Subseguent4 Fo matted:Font:10 pt,Font color:Auto
map ations and summaries and Fo^^atted:Adjust space between Latin and
Asian text,Adjust space between Asian text
available repo is and retards relating to the site or pa t operations at the and numbers J
Formatted:Justified,Indent First line: 1",
Site' _ Line spacing: 1.5 lines
\ Formatted:Font Verdana ]
b. Grading and dralnacfE �J anS' and x, Formatted:Font Verdana,II pt,Font color:
__ __ Black -
Formatted:Font 10 pt,Font color Auto J
c. Iforf7latlon Specl`fIC to the tyf"JE Gcatlon and nature of ,,. Formatted:Indent First line I",Adjust
-- -- -- -- space between Latin and Asian text,Adjust J
the-critical area. space between Asian text and numbers
�=T�t�-�di*_FI'tuft-ffic�-tatEEEN=tkTE'-ftlfbffl'ta�tbf3-FeE{cffr -F ci'•+ °'i^'- Formatted
CYfCc.C—C YC
- �Formatted Font Verdana,Font color Black-J
E6 (Formatted Font Verdana,Font color.Black__
Formatted:Font:(Default)Verdana,11 pt ll
Formatted:Indent:Left: 0.5",Firstline: 0"
KCC 11.06
Critical Areas
Ordinance
74
I
C. Critical area consultants - Qualifications and city review. All reports
and studies required of the applicant by this section shall be prepared by a
gta�# msta3tqualified professional as defined in these regulations.
The department may, at its discretion, retain a etBB44ed . kai4qualified
professional to review and confirm the applicant's reports, studies, and
plans. Such review shall be paid for by the applicant.
D. Review process. This section is not intended to create a separate
critical area review permit process for development proposals. To the
extent possible, the city shall consolidate and integrate the review and
processing of critical area-related aspects of proposals with other land use
and environmental considerations, reviews, and approvals. Any permits
required by separate codes or regulations, such as shoreline substantial
development permits, shall continue to be required.
Sec. 11.06.080. Procedural provisions.
A. Interpretation and conflicts. The director of the
{k,Tu'a:g+ee shall have the authority to administer the provisions of
this chapter, to make determinations with regard to the applicability of the
regulations, to interpret the intent of unclear provisions, to require
additional information, to determine the level of detail and appropriate
methodologies for critical area reports and studies, to prepare application
and informational materials as required, and to promulgate procedures and
rules for unique circumstances not anticipated by the standards and
procedures contained within this chapter.
B. Penalties and enforcement. Compliance with these regulations and
penalties for their violation shall be enforced pursuant to the procedures
set forth in Ch. 1.04 KCC.
KCC 11.06
Critical Areas
Ordinance
75
I
C. Appeals from critical area review decisions. Appeals from critical
area review decisions shall be governed by the procedures set forth in KCC
12.01.190 and Ch. 2.32 KCC.
D. Burden of proof. The burden of proving that a proposed activity
meets the standards established by this chapter shall be on the applicant.
Sec. 11.06.090. Reasonable use provision.
A. The standards and requirements of these regulations are not
intended, and shall not be construed or applied in a manner, to deny all
reasonable use of private property. If an applicant demonstrates to the
satisfaction of the hearing examiner that strict application of these
standards would deny all reasonable use of a property, development may
be permitted subject to appropriate conditions.
B. Applications for a reasonable use exception shall be processed as a
Process III application, pursuant to Ch. 12.01 KCC.
C. An applicant requesting relief from strict application of these
standards shall demonstrate that all of the following criteria are met:
1. No reasonable use with less impact on the critical area and its
buffer is possible.
2. There is no feasible and reasonable onsite alternative to the
activities proposed, considering possible changes in site layout, reductions
in density, and similar factors that would allow a reasonable economic use
with fewer adverse impacts.
KCC 11.06
Critical Areas
Ordinance
76
I
3. The proposed activities, as conditioned, will result in the
minimum possible impacts to affected critical areas, considering their
functions and values and/or the risks associated with proposed
development.
4. All reasonable mitigation measures have been implemented or
assured.
5. The inability to derive reasonable economic use is not the
result of the applicant's actions or that of a previous property owner, such
as by segregating or dividing the property and creating an undevelopable
condition.
6. Any alteration of a critical area approved under this section
shall be subject to appropriate conditions and will require mitigation under
an approved mitigation plan.
D. Approval of a reasonable use exception shall not eliminate the need
for any other permit or approval otherwise required for a proposal by
applicable city regulations.
Sec. 11.06.100. Variances.
A. Applications for variances from the strict application of the terms of
this chapter to a specific property may be submitted to the city. All
variances except administrative variances per subsection (B) of this section
shall be considered by the hearing examiner as a Process III application,
pursuant to KCC 12.01.949. Approval of variances from the strict
application of the critical area requirements shall be consistent with the
following criteria:
KCC 11.06
Critical Areas
Ordinance
77
I
1. There are unique physical conditions peculiar and inherent to
the affected property which makes it difficult or infeasible to strictly
comply with the provisions of this chapter.
2. The variance is the minimum necessary to accommodate the
building or structure footprint and access.
3. The proposed variance would preserve the functions and
values of the critical area, and{ef the proposal does not create or increase
a risk to the public health, safety, and general welfare, or to public or
private property.
4. The proposed variance would not adversely affect properties
surrounding the subject site.
5. Adverse impacts to critical areas resulting from the proposal
are minimized.
6. The special circumstances or conditions affecting the property
are not a result of the actions of the applicant or previous owner.
7. The variance shall not constitute a grant of special privilege.
B. Other minor buffer modifications may be permitted by the director,
as outlined in the provisions of this chapter.
Article II. Definitions
KCC 11.06
Critical Areas
Ordinance
78
I
Sec. 11.06.105. Definitions. The following words, terms, and
phrases, when used in this chapter, shall have the meaning ascribed to
them in this article, except where the context clearly indicates a different
meaning.
Sec. 11.06.110. Applicability. The definitions contained in this
chapter are those that are generally used throughout this code, except for
those definitions specified in Chs. 14.09 and 15.02 KCC, which are specific
to those respective sections and chapters.
Sec. 11.06.115. Adjacent wetland. Adjacent wetland means a
wetland bordering, contiguous or neighboring a river, stream, or lake.
Sec. 11.06.120. Applicant. Applicant means the person, party,
firm, corporation, or other entity that proposes or has performed any
activity that affects or may affect a critical area.
Sec. 11.06.125. Aquifer. Aquifer is, generally, any water bearing
soil unit or geologic formation. Specifically, a body of soil unit or geologic
formation that contains sufficient saturated permeable material to conduct
groundwater and yield economically significant quantities of groundwater
to wells or springs.
Sec. 11.06.130. Aquifer susceptibility. Aquifer susceptibility is a
contributory factor of potential contamination of an aquifer that results
from soil, rock, and groundwater characteristics within a recharge area.
Sec. 11.06.135. Aquifer vulnerability. Aquifer vulnerability
means the combined effect of aquifer susceptibility and contaminant
KCC 11.06
Critical Areas
Ordinance
79
I
loading potential: it includes hydrogeologic, land use, and other factors
that affect the potential for groundwater contamination.
Sec. 11.06.140. Artificially created wetland. Artificially created
wetland means a wetland created from nonwetland sites through
purposeful, legally authorized human action, including but not limited to
irrigation and drainage ditches, grass-lined swales, canals, retention or
detention facilities, wastewater treatment facilities, farm ponds, and
landscape amenities.
Sec. 11.06.145. Best available science (BAS). Best available
science (BAS) is the current scientific information used in the process to
designate, protect, or restore critical areas, that is derived from a valid
scientific process as defined by WAC 365-195-900 through 365-195-925.
Sec. 11.06.150. Best management practices (BMPs). Best
management practices (BMPs) means the conservation practices or
systems of practices and management measures that: (1) control soil loss
and reduce water quality degradation caused by nutrients, animal waste,
toxics, and sediment; and (2) minimize adverse impacts to surface water
and groundwater flow, circulation patterns, and to the chemical, physical,
and biological characteristics of critical areas.
Sec. 11.06.155. Bog. Bag means awet=pond poorly drained {Finatted:5nt Notitauc
area which is usually rich in very specialized Ira ants such as acidophilic `(��attea:tont N°tiau`
mosses particularly sphagnum and contains a high percentage of organic
remnants and residues and frequently is associated with a spring seepage
area or other subsurface water source. A bog sometimes represents the
final stage of the natural process of eutrophication by which lakes and
other bodies of water are very slowly transformed into land areas.8eep s a
KCC 11.06
Critical Areas
Ordinance
80
p tr H4,A etFa x# N3a k a t €F o-s #
Sec. 11.06.160. Buffer or buffer area. Buffer or buffer area is a
vegetated zone contiguous to and surrounding a critical area that protects
the critical area from adverse impacts to its integrity and value. Buffers are
necessary for the continued maintenance, function, and/or structural
stability of a critical area, and are an integral part of the resource's
ecosystem. Buffers may be enhanced and/or revegetated where they are
degraded or as part of a mitigation program. Buffers shall be measured
perpendicular from the edge of the critical area.
Sec. 11.06.165. Building setback line (BSBL). Building setback
line (BSBL) means an area in which structures, including but not limited to
sheds, homes (including overhangs), buildings, and awnings shall not be
permitted within, or allowed to project into, a critical area buffer. Roads,
parking areas, uncovered at-grade decks, patios, lawns, and landscaping
are permitted within the BSBL.
Sec. 11.06.170. Clearing. Clearing means the removal of timber,
brush, grass, ground cover, or other vegetative matter from a site which
exposes the earth's surface of the site, or any actions which disturb the
existing ground surface.
KCC 11.06
Critical Areas
Ordinance
81
Sec. 11.06.180. Compensatory mitigation. Comperrsato X Formatted:Font Not Bold,Italic
mitinatior; means restoration (re-establishment or... rehabilitatiunI -{F�:Font Notsmd
establishment (creationl, enhancement, and/or in ce fain circumstances
preservation of aquatic resources for the purposes of offsetting
unavoidable adverse impacts which remain after all appropriate and
practicable avoidance and minimization has been achievedsataF}�
FrreaFrs-tkre-resat-eFr+F�rt- pre4��tc-�-c-F�iEaf-�Fea tit-kr<�s
{ -tF7}}a£ted-ry3�-�jtlt-Ftflt—�ffttFt�Ef-tfj�tt{�e-fF} =�. ..... Formatted:Font Italic
1. Restoration means actions performed to reestablish stream or
wetland functional characteristics and processes which have been lost by
alterations, activities, or catastrophic events within an area which no
longer meets the definition of a stream or wetland.
2. Sreat4&n-Establishment means actions performed to intentionally
e4a64+s{�-create a wetland at a site where it did not formerly exist.
3. Enhancement means actions performed to improve the condition of
existing wetlands or riparian areas so that the functions they provide are
of a higher quality.
Sec. 11.06.185. Comprehensive plan. Comprehensive plan
means the docurient includinc-r-naps adopted b the city council which
outlines the city's goals and policies relating to management of growth
and prepared in accordance with Chapter 36.709 RAW. The term also
includes adopted subarea plans prepared in accordance with Chapter
36.709 RAW.
aFrrerd FtstF tr
KCC 11.06
Critical Areas
Ordinance
82
I
Sec. 11.06.190. Contaminant loading potential. Contaminant
loading potential means the availability within an aquifer recharge area of
any potential physical, chemical, biological, or radiological substance that
enters the hydrological cycle and may cause a deleterious effect on
groundwater resources.
Sec. 11.06.193. Corridor. Corridor means a continuous strip of
undisturbed vegetation connecting two (2) critical areas, protected in
perpetuity from development via a restrictive covenant in the form of a
conservation easement, sensitive area easement, or sensitive area tract.
Sec. 11.06.195. Creation of critical areas. Creation of critical
areas means the purposeful and legally authorized construction or forming
of a wetland or stream from an upland (nonwetland or dry) site through
artificial means.
Sec. 11.06.200. Critical area
Critical area a-means an area that
possesses important natural functions and embodies a variety of important
natural and community values. Such areas include wetlands, streams, fish,
and wildlife habitat, geologic hazard areas, critical aquifer recharge areas,
and flood hazard areas. If not conducted properly, development or
alteration of such areas may cause significant impacts to the valuable
functions and values of these areas and/or may generate risks to the
public health and general welfare, and/or to public and private property.
Sec. 11.06.205. Critical area report. Critical area report means
a report prepared by a gta�# t— Est �a tqualified professional to
determine the presence, type, class, size, function, and/or value of an area
subject to these regulations.
KCC 11.06
Critical Areas
Ordinance
83
I
Sec. 11.06.210. Critical aquifer recharge areas. Critical aquifer
recharge areas means areas designated wellhead protection areas
pursuant to adopted wellhead protection plans, eF V a the ealeHl_`_d `Xed
susceptible groundwater areas pursuant to Chapter 173-
100 WAC, and special protection areas pursuant to WAC 173-200-090.
Sec. 11.06.215. Critical facilities. Critical facilities means those
facilities necessary to protect the public health, safety, and general welfare
which are defined under the occupancy categories of essential facilities and
special occupancy structures in the International Building Code (or
subsequent amendment).
x -Fom :Int Fst lie 0"
FFtFea{-�-Ta�}i�'at 'ii=:�r ic=ai
cl eas—aiw, E'Fcttee -7-thFEtl'te teE�—fFt�dt EFed—SeteFtSfttMe—fl"te'RiEf fli=
f1ttE9Fftj�-SJeel£:r£9 .. We
4+kf�4ik�rF�l-tF+. ��ee+eYae+N-FFFaiF�ta+rra++d-F�yr�s�#�+cf-eve+--tF -�r�r-
S++eli-at eas-ate-+e{eFrti#i ed-k�Fe+Fr-t�o-itll-re€eFc-Fr�tc�-Fists-eategc�F+eS-arrd
�#dw
vc^nC-2✓2-1z�r� .ii-i r_� t n nt � '., a-.;.-;lt"teitt-y-hcl{-�ttd�dt"t�-`'-�J�EFee�r{-' ' '.'/
'FeEatF{dtteft:i-clElElrit2E{-etH=Fe�ttFy-fl1=�tE'�eefte�ir7y-t'{1e-�-
Sec. 11.06.225. Dedication. Dedication means conveyance of
land to the city-eF-et-kE+-not-for-profit-c-w ty or private entity by deed,
easement, or other instrument of conveyance.
KCC 11.06
Critical Areas
Ordinance
84
I
Sec. 11.06.227. Degraded wetland buffer. Degraded wetland
buffer means a buffer area which cannot adequately protect its adjacent
wetland due to one (1) or more of the following existing conditions: (1)
lack of vegetative cover or presence of bare soils (resulting from
disturbance, fill, debris, or trash); (2) significant cover (over fifty (50)
percent) in nonnative vegetation; (3) significant cover (over fifty (50)
percent) in invasive species or noxious weeds; or (4) presence of existing
nonconforming structures or improvements.
Sec. 11.06.230. Delineation manual or wetland delineation
manual/methodology. Delineation manual or wetland delineation
manual/methodology means the manual and methodology used 4m&-for the
identification of wetlands and delineation of their boundaries pUCHUant to
this chapter. Work shall be done in accordance with the approved federal
wetland delineation mani.aal and applicable recaional supplements as set
forth in WAS 173-22-03.5. +d Ft#y etFaFds FrN €EFd #es ��e
Fby—tke—Bepa
9f33&-,�3£y�7}-a+td-vat-kh-�sed-c�-tkrc
��--�}:it, ________�Formatted:Indent:First line: 0.5"
Cif-trNS-rf}r]+"H.td�-I:rf�E`�ltFFed-�3y-rcc�v�v��-r'..5�i— ' '. A-1
Sec. 11.06.235. Department. Department means the city of Kent
department of [3, b e--*eFk Economic and Community/ DeveloJment or
successor agency, unless the context indicates a different city department.
Sec. 11.06.240. Director. Director means the director of the city
of Kent department of fx :. Economic and Community Develo0rient
or his/her designee.
KCC 11.06
Critical Areas
Ordinance
85
I
Sec. 11.06.245. Earth/earth material. Earth/earth material
means the naturally occurring rock, soil, stone, sediment, ,and or
combination thereof.
Sec. 11.06.250. Elevated construction. Elevated construction
means a construction technique that employs posts or pilings to raise a
structure so that waters can flow freely beneath the structure.
Sec. 11.06.255. Emergent wetland. Emergent wetland means a
wetland with at least thirty (30) percent of the surface area covered by
erect, rooted, herbaceous vegetation as the uppermost vegetative strata.
Sec. 11.06.260. Enhancement. Enhancement means the
improvement of an existing viable wetland, stream, or habitat area or the
buffers established for such areas, through such measures as increasing
plant diversity, increasing wildlife habitat, installing environmentally
compatible erosion controls, increasing structural diversity, or removing
plant or animal species that are not indigenous to the area. Enhancement
also includes actions performed to improve the quality of an existing
degraded wetland, stream or habitat area. See also "Restoration."
Sec. 11.06.265. Erosion. Erosion means a process whereby
gravity, wind, rain, water, freeze-thaw, and other natural agents
mobilize and transport soil particles.
Sec. 11.06.270. Erosion hazard areas. Erosion hazard areas
means areas within the city of Kent underlain by soils which are subject to
severe erosion when disturbed. Such soils include, but are not limited to,
those delineated in the 'Soil Survey, King County Area, Washington"
KCC 11.06
Critical Areas
Ordinance
86
I
(USDA, 1973) as having a moderate to severe, severe, or very severe
erosion hazard potential. These soils consist of the following: Alderwood
gravelly sandy loam, fifteen (15) to thirty (30) percent slopes (AgD);
Alderwood and Kitsap soils, very steep (AkF); Arents, Alderwood Material,
six (6) to fifteen (15) percent slopes (AmC); Beausite gravelly sandy loam,
fifteen (15) to thirty (30) percent slopes (BeD); Beausite gravelly sandy
loam, forty (40) to seventy-five (75) percent slopes (BeF); Everett gravelly
sandy loam, fifteen (15) to thirty (30) percent slopes (EvD); Indianola
loamy fine sand, fifteen (15) to thirty (30) percent slopes (InD); Kitsap silt
loam, eight (8) to fifteen (15) percent slopes (KpC); Kitsap silt loam,
fifteen (15) to thirty (30) percent slopes (KpD); Ovall gravelly loam, fifteen
(15) to twenty-five (25) percent slopes (OvD); Ovall gravelly loam, forty
(40) to seventy-five (75) percent slopes (OvF); Pilchuck loamy fine sand
(Pc); Ragnar fine sandy loam, fifteen (15) to twenty-five (25) percent
slopes (RaD); Ragnar-Indianola association, moderately steep (RdE); and
Riverwash (Rh).
Sec. 11.06.275. Essential habitat. Essential habitat means
habitat necessary for the survival of federally listed threatened,
endangered, and sensitive species and state-listed priority species.
Sec. 11.06.280. Excavation. Excavation means the removal or
displacement of earth material by human or mechanical means.
Sec. 11.06.285. Existing and ongoing agricultural activities.
Existing and ongoing agricultural activities includes those activities
conducted on lands defined in RCW 84.34.020(2), and those activities
involved in the production of crops and livestock. Such activity must have
been in existence as of the effective date of the ordinance codified in this
chapter. The definition includes but is not limited to operation and
KCC 11.06
Critical Areas
Ordinance
87
I
maintenance of farm and stock ponds or drainage ditches, irrigation
systems, changes between agricultural activities or crops, and normal
operation, maintenance, or repair of existing serviceable structures,
facilities, or improved areas. Activities which bring an area into agricultural
use from a previous nonagricultural use are not considered part of an
ongoing activity. An operation ceases to be ongoing when the area on
which it was conducted is proposed for conversion to a nonagricultural use
or has lain idle for a period of longer than five (5) years, unless the idle
land is registered in a federal or state soils conservation program. Forest
practices are not included in this definition.
re a.GG 20 s--x e--2-n'vtr�fftEcl'FirraRy—:ifJEfiE'`rFSf—p�di f-N=
Sec. 11.06.295. Fen. Fen means a peat-accumulating wetland
that receives some drainage from surrounding mineral soil and usually
supports marsh-like vegetation.
Sec. 11.06.300. Fill/fill material. Fr(Ufr(( materraf, means a --{Fomattea:Font Notiau
deposit of ea th or other material placed by human or mechanical means.
Earth material is defined under 11.06.245. Other material may include but
s not limited to elastics, construction debris, wood chips, overburden from
excavation activities, or materials to create any structure or infrastructure.
�t,F�€;dF--rea�a�eo�a!—rra_ - �-r�rraF-talaec�#-�p--{�wr-err-cam=
rrr�l�at�eaf- -
Sec. 11.06.305. Filling. Filling means the act of transporting or Fomattea:Font Notiau
placing (by any manner or mechanism) fill material from, to, or on any
surface water body or wetland, soil surface, sediment surface, or other fill
material.
KCC 11.06
Critical Areas
Ordinance
88
I
Sec. 11.06.307. Fish and wildlife habitat conservation area.
Fish and wildlife habitat conservation areas include habitat where federally
and state endangered threatened and sensitive species have a primary
association state priorit habitat and areas associated with .Mate army
s en cies habitats and species of local importance (as determined by Cit�f
Kent' naturally occurring IIPt
aquatic beds that provide fish or wildlife habitat and waters of the state.
Sec. 11.06.310. Forested wetland. Forested wetland means a
wetland defined by the Cowardin system with at least thirty (30) percent
of the surface area covered by woody vegetation greater than twenty (20)
feet in height that is at least partially rooted in the wetland.
Sec. 11.06.315. Functions, beneficial functions, or functions
and values. Functions, beneficial functions, or functions and values
means the beneficial roles served by wetlands including, but not limited to,
water quality protection and enhancement, fish and wildlife habitat, food
chain support, flood storage, conveyance and attenuation, groundwater
recharge and discharge, erosion control, wave attenuation, historical and
archaeological and aesthetic value protection, and recreation. These
beneficial roles are not listed in order of priority.
Sec. 11.06.320. Geologic hazard areas. Geologic hazard areas
means lands or areas characterized by geologic, hydrologic, hydrogeologic,
vegetation and topographic conditions that render them susceptible to
varying degrees of potential risk of landslides, erosion, or seismic or
volcanic activity; and areas characterized by geologic hvdroceologic, and
hydrologic conditions that make them vulnerable to contamination of
groundwater supplies through infiltration of contaminants to aquifers.
KCC 11.06
Critical Areas
Ordinance
89
I
Sec. 11.06.325. Grading. Grading means any excavating, filling,
clearing, leveling, movement or redistribution-eE+ttHtrH� of the ground
surface by human or mechanical means.
Sec. 11.06.330. Growing season. Growing season means the
average frost-free period of the year in Kent as recorded in National
Oceanic and Atmospheric Administration Frost/Freeze Data from
Climatology of the U.S., No. 20, supplement No. 1, or in equivalent U.S.
government agency records. Growing season, for the purposes of these
regulations, may be considered to be the period from March 1st through
October 31st of any calendar year.
Sec. 11.06.335. Habitat management. Habitat management
means management of land and its associated resources/features to
maintain species in suitable habitats within their natural geographic
distribution so that isolated subpopulations are not created. This does not
imply maintaining all habitat or individuals of all species in all cases.
Sec. 11.06.340. Hydric soil. Hydrlc soil means soil that is
saturated, flooded, or ponded long enough during the growing season to
develop anaerobic conditions in the upper part. The presence of hydric soil
shall be determined following the methods described in the federal manual.
.5 yd e ag e-ally-tselatedr rci rs
F`We4K- , F
tcrar�y-�-l�err�rc-�-�-199- a��ttac-�, csr-Strearrr=a+rd
KCC 11.06
Critical Areas
Ordinance
90
ricer-cat=��trfa Frr—P4ay-afsc�-C=x-a-pe#rd-e�xvated-€rf�r-tryiFat3ds-t�a+tkr�i
Sec. 11.06.350. Hydrophytic vegetation. Hydruphytic vegetation
means macrophytic plant life growing in water or on a substrate that is at
least periodically deficient in oxygen as a result of excessive water content.
The presence of hydrophytic vegetation shall be determined following the
methods described in the federal manual.
Sec. 11.06.355. In-kind compensation or mitigation. In-kind
compensation or mitigation means replacement of wetlands or other
critical areas with substitute wetlands or resources whose characteristics
closely approximate those destroyed or degraded by a regulated activity.
.----__- Format .Indent:Fntline: 0.5"
Sec. 11.06.357. Inundation Zone. Inundation Zone means ao l Formatted:Indent:First line: 0S
area where de position or flow of debris mudflows or related flooding Formattea:Font color:Auto
events from geolocaic and volcanic events on Mount Rainier may occur ��to"ettea:Font:verdana,IIpt,Font color:
Within the City-
Sec. 11.06.360. Intentionally created streams. Intentionally
created streams means manmade streams created through purposeful
human action, such as irrigation and drainage ditches, grass-lined swales,
and canals. This definition does not include stream modifications
performed pursuant to city authorization, such as changes or redirection of
stream channels, and does not include streams created as mitigation.
Purposeful creation must be demonstrated through documentation,
photographs, statements, and/or other evidence. Intentionally created
streams are excluded from regulation under this chapter, except manmade
KCC 11.06
Critical Areas
Ordinance
91
I
streams that provide "critical habitat," as designated by federal or state
agencies, for anadromous fish.
Sec. 11.06.363. Isolated Wetlands. Isolated wetlands mean
those wetlands that are outside of and not contiguous to arl 100_year
floodplain of a lake river or stream and have no coati uous hydric soil or
hvdrophytic vegetation between the wetland and any su face water
including other wetlands. An��ject involving filling or alterinct a wetland
that meets this definition is subject to re ulation by the State Department
of Ecology under the Water Pollution Control Act (J0.4f3 RCWZ in addition
to the provisions in this chapter. While wetland fill is also regulated by the
US army Corps of Engineers under the Clean Water Act isolated wetlands
are not subject to such federal review.
Sec. 11.06.365. Lahar. Lahar means mudflows or debris flows
associated with volcanic activity, and which pose a threat to life, property,
and structures.
Sec. 11.06.370. Landslide. Landslide means episodic downslope
movement of a mass of soil or rock.
Sec. 11.06.375. Landslide hazard areas. Landslide hazard areas
include:
1. Any existing active or dormant landslide or debris flow that has
shown movement during the Holocene epoch (from ten thousand (10,000)
years ago to the present) or that are underlain or covered by mass
wastage debris of that epoch.
KCC 11.06
Critical Areas
Ordinance
92
I
2. Areas delineated in the Soil Survey, King County Area, Washington
(USDA, 1973) as having a "severe' limitation for building site
development. These soils consist of the following: Alderwood gravelly
sandy loam, fifteen (15) to thirty (30) percent slopes (AgD); Alderwood
and Kitsap soils, very steep (AkF); Beausite gravelly sandy loam, fifteen
(15) to thirty (30) percent slopes (BeD); Beausite gravelly sandy loam,
forty (40) to seventy-five (75) percent slopes (BeF); Everett gravelly
sandy loam, fifteen (15) to thirty (30) percent slopes (EvD); Indianola
loamy fine sand, fifteen (15) to thirty (30) percent slopes (InD); Kitsap silt
loam, eight (8) to fifteen (15) percent slopes (KpC); Kitsap silt loam,
fifteen (15) to thirty (30) percent slopes (KpD); Ovall gravelly loam, fifteen
(15) to twenty-five (25) percent slopes (OvD); Ovall gravelly loam, forty
(40) to seventy-five (75) percent slopes (OvF); Ragnar fine sandy loam,
fifteen (15) to twenty-five (25) percent slopes (RaD); and Ragnar-
Indianola association, moderately steep (RdE).
3. Areas designated as quaternary slumps, earth flows, mudflows, or
landslides on maps published by the U.S. Geological Survey, Washington
Department of Natural Resources,-Ew geologic consultant reports
completed for the city of Kent or as identified on LIDAR mans com In eted
for the City of Kent-
4. Areas with all three of the following characteristics: slopes steeper
than fifteen (15) percent; slopes intersecting granular material over silts or
clays; and springs or groundwater seepage or evidence of seasonal springs
or groundwater seepage.
5. Slopes that are parallel or subparallel to planes of weakness (such
as bedding planes, joint systems, and fault planes) in subsurface
materials.
KCC 11.06
Critical Areas
Ordinance
93
''--____-{Formatted:Line spacing: 1.5 lines
6. Slopes subject to failure during seismic shaking.
7. Areas potentially unstable as a result of rapid stream incision or
stream bank erosion.
8. Areas located in a canyon or on an active alluvial fan, presently or
potentially subject to inundation by debris flows or catastrophic flooding.
9. Any area with a slope of forty (40) percent or steeper and with a
vertical relief of ten (10) or more feet. A slope is delineated by establishing
its toe and top and measured by averaging the inclination over ten (10)
feet of vertical relief.
Sec. 11.06.380. Mitigation Sennencing. D.ilicants shall (Formatted:Font:Not6old
demonstrate that all reasonable efforts have been examined with the
intent to avoid and minimize impacts to critical areas. When an alteration
to a critical area is pr000sed such an alteration shall be avoided
minimized or compensated for in the following sequential order of
preference (per WAC 197-11-768L
1. Avoiding the impact altogether by not taking a certain action or
parts of actions.
2. Minimizing impacts by limiting the degree or magnitude of the action
and its implementation.
KCC 11.06
Critical Areas
Ordinance
94
I
3. Rectifying the impact by repairing, rehabilitating, or restoring the
affected environment.
4. Reducing or eliminating the impact over time by preservation and
maintenance operations during the life of the action.
5. Compensating for the impact by replacing or providing substitute
resources or environments.
6. The enhancement, restoration, or creation of critical areas as
compensation for impacts resulting from development activities.
While monitoring without additional actions is not considered mitigation for
the purposes of these regulations, it may be part of a comprehensive
mitigation program.
Also see KCC 11.06.1802-'_Compensatory mitigation".=
Sec. 11.06.385. Native vegetation. Native vegetation means
plant species indigenous to the Puget Sound region that could occur or
could have occurred naturally on the site, which are or were indigenous to
the area in question.
u�etfafrd- r�s- d�iti#FeEF-Fty-tkrc-Was#i+� �tatc--�erc-��
��krrrt���d—Frr ����itit�e—ryFat�sp�ec+��—F�Fater�tf—kre�i�a�—t�ec-TFa��4
ate
+ems.
KCC 11.06
Critical Areas
Ordinance
95
Sec. 11.06.358. Platurall)r occurringpond deepwater aa)uatic
habitat). Naturaf(y accurrrrrq Bond (deer�water aquatic frabitat} means
ponds less than twent 20) acres in size and their subrrlerged a uq atic
beds that provide fish or wildlife habitat. Also see definition of "wetlands"
for exclusions of certain types of ponds from regulation.
Sec. 11.06.390. Offsite mitigation. Offsite mitigation means
performance of mitigation actions, pursuant to standards established in
this chapter, on a site or in an area other than that proposed for conduct
of a regulated activity.
Sec. 11.06.395. Onsite mitigation/compensation. Onsite
mitigation/compensation means replacing wetlands or other resources at
or adjacent to the site on which a wetland or other resource has been
impacted by a regulated activity.
Sec. 11.06. Italic
mark mean;that rnarl, on all al<es streams and tidal water hat will be {Fonnattea:Font Not sold
found by examining the bed anci banks and ascertaining where the {Fomattea:Font Not sold
presence and action of waters are so common and usual and so long
continued in all ordinary ey �ars as to mark upon the soil a character
distinct frorn that of the abutting upland, in respect to vegetation as that
condition exists on June 1 1971 as it may natu ull cvhange thereafter. or
as it may change thereafter in accordance with permits issued by the city
of Kent or Ue.ia tment of Ecolo ROVIUEU that in an area where the (Formatted:Font:Notsold
ordinary high water mark cannot be found the ordinary high water mark
adjoining fresh water shall be the line of mean high water.
Sec. 11.06.400. Out-of-kind mitigation. Out-of-kind mitigation
means replacement of wetlands or habitat with substitute wetlands or
KCC 11.06
Critical Areas
Ordinance
96
I
habitat whose characteristics do not closely approximate those adversely
affected, destroyed, or degraded by a regulated activity.
Sec. 11.06.405. Permanent erosion control. Permanent erosion
control means continuous onsite and offsite control measures that are
needed to control conveyance or deposition of earth, turbidity, or
pollutants after development, construction, or restoration.
Sec. 11.06.410. Plant association of infrequent occurrence.
Plant association of infrequent occurrence means one (1) or more plant
species which because of the rarity of the habitat and/or the species
involved, or for other botanical or environmental reasons, do not often
occur in the city of Kent. Examples include but are not limited to:
1. Wetlands with a coniferous forested class or subclass consisting of
trees such as western red cedar, Sitka spruce, or lodge pole pine growing
on organic soils;
2. Bogs with a predominance of sphagnum moss, or those containing
sphagnum moss, and typically including one (1) or more species such as
Labrador tea, sundew, bog laurel, or cranberry.
f
4Fse-tkrat3-tt�ac-��y-�F3}-ages-+r�-stze-�-�krat rrrc etp �+��Fy-+�rerr�dtitec�
ems- _ t
f4er-ffseRC-F
KCC 11.06
Critical Areas
Ordinance
97
Eie€+rtitit�+-Erk�vaetFe �=€er-e�:eft �.:-f�e�t
r.
Sec. 11.06.420. Practicable alternative. Practicable alternative
means an alternative that is available and capable of being carried out
after taking into consideration cost, existing technology, and logistics in
light of overall project purposes, and having less impacts to critical areas.
It may involve using an alternative site in the general region that is
available to the applicant and may feasibly be used to accomplish the
project.
Sec. 11.06.425. Priority habitat/species, or priority wildlife
habitat/species. Priority habitat/species, or priority wildlife
habitat/species means habitats and species of local importance and
concern in urban areas, as identified by the Washington Department of
Fish and Wildlife priority habitat and species (PHS) program. "Priority
species" are wildlife species of concern due to their population status and
their sensitivity to habitat alteration. "Priority habitats" are areas with one
(1) or more of the following attributes: comparatively high wildlife density;
high wildlife species richness; significant wildlife breeding habitat;
significant wildlife seasonal ranges; significant movement corridors for
wildlife; limited availability; and/or high vulnerability. General types of
priority habitat identified in the PHS program - some of which do not occur
in the city of Kent - include Aspen stands, cliffs, meadows, oak woodlands,
old-growth/mature forests, riparian areas, shrub-steppe, snag-rich areas,
and wetlands.
Sec. 11.06.430. Qualified eetmuftentRLqfessional. Qualified
Maws professional means a perSGn Wlth experience and tral nlnq In the {Formatted:Font yerdana,11 pt
pertinent scientific discipline and who is a qualified scientific expert with
KCC 11.06
Critical Areas
Ordinance
98
expertise a�priate for the relevant critical area subject in accordance
with WAS 365-1951905. A qualified professional must have obtained a B.S.
or �.A. or equivalent degree in biology engineering geoloav
enwronmental studies fishenes�geomornhGlgg or related field or have Fom attea:Font verdana,11 pt
at least five years Gf related work experience A qualified engineer �Fo mattes:Font verdana,I I pt
22LI-00.lstand hvdroggi t must have an active license to p active
within the State of Washington.
1. [ qualified professional for wetlands must be a �rofessional wetland ---[Formatted:Font Verdana,11 pt
dentist or meet the education renuirernents in this section and have ,at Formatted:List Paragraph,Indent Left 0°,
First line 0 ,Numbered+Level 1 +
least tWG VearS Gf full-tlf7le WGC< eXDPYlence as a wetland JCGfe SSional Numbering Style 1,2,3, +Start at 1+
Alignment:Left+Aligned at 1.5"+Indent at�
9 9
ncluding delineating wetlands using the federal manuals and .yupplerrients 1.75
- --------------------------------------
Formatted:Font:Verdana,11 pt
preparing wetlands reportr, conducting function assessments and
developing and implelrienting mitigation In arts
__.. ____ ____ ____ ____ •- ._.[Formatted:Font Verdana,11 pt
2. A gualiflecl rofe.>.>IGnal for habitat rnu3t have a degree In biology or Fo matted:List Paragraph,Indent First line:
011 J
a--related— degree and professional experience related to the SUblect Formatted:List Paragraph,Indent:Left: 0",
First line 0 Numbered+Level 1 +
S ep cies Numbering Style: 1,2,3,...+Start at: 1+
Alignment:Left+Aligned at: 1.5"+Indent at:
•. 75
3. A qualified profesrional for a geological hazard must be aFo mattes:Font Verdana,11 pt
Formatted:List Paragraph,Indent First line:
profer7r7ional engineer or geolocai t licensed in the state of Washington. 0"
Formatted:List Paragraph,Indent Left 0",
First line 0',Numbered+Level 1 +
4. A ualified profer7slGnal for critical a uifer rechar e areas means a- Numbering style
q q Alignment Left+Aligned at 1 5 +Indent at:
hydrGgeoGglSt CaeGGCaIC7t engineer Gr tither scientist with expert ence In 175
`((Formatted:Font:Verdana,11 pt II
prenanng hydrogeolGgic aSSBSS 1ent5. Formatted:List Paragraph,Indent First line:
011
---------------------
1II
Formatted:List Paragraph,Indent:Left: 0",
First line 0",Numbered+Level: 1 +
Numbering Style 1,2,3, ..+Start at: 1+
Alignment Left+Aligned at: 1.5"+Indent at:
1.75"
"Yr _ _ 'l Y-f7et�{Ec"}FtC�fE9t"a Formatted:Indent:First line: 0"
KCC 11.06
Critical Areas
Ordinance
99
) 4 -e a+tk Ac- Rrra,3age�,a e-H af�a4&
ffl-Eiic-C-ri in:a�-aiEa-Hi-E}tN'4�tE-lR-("Eli=�3tfF�JEJSE:�- etFa'F'#E�-�ittfE�te."rat1C-{
-�fiEtety-fl�wetFat'tEl-cvEFeEltlStrcl"rc?-�lF'H'ffeSSlEltla♦-t<?et�r�FYef=ltl5t-flrl#etFai?�
'k3i=flfeeSteEtc"}f-I#?-tF'aH�FHg-'�fN=the-�JtN=�JEISe-fl�E��3'egtE-�tazaF"E{5-a-E�ticl'f4fteEl
eEl��itlltal�t �kraH—� Hgist—pr c�C�s+Eli tc11—et tg it�ee�rr3g
ger�gi�-Elt-�i£e�t5ed-e�tgi�cc�vd "
-- --- Formatted:Left,Right: 0",Line spacing:
Sec. 11.06.435 Regulated activity. Regulated activity means �singie l
activity that has a potential to significantly impact a critical area that is
subject to the provisions of this chapter. Regulated activities generally
include but are not limited to any filling, dredging, dumping, or stockpiling,
draining, excavating, flooding, clearing, or grading, constructing or
reconstructing, driving pilings, obstructing, shading, clearing, or
harvesting.
Sec. 11.06.440. Repair or maintenance. Repair or maintenance
means an activity that restores the character, scope, size, and design of a
structure or land use to its previously authorized and undamaged
condition. Activities that change the character, size, or scope of a project
beyond the original design and drain, dredge, fill, flood, or otherwise alter
additional critical areas are not included in this definition.
Sec. 11.06.445. Restoration. Restoration means actions taken to
reestablish wetland, stream, or habitat functional values and
characteristics that have been destroyed or degraded by past alterations
(e.g., filling or grading). See also "Enhancement."
KCC 11.06
Critical Areas
Ordinance
100
I
Sec. 11.06.450. Secondary habitat. Secondary habitat means
areas that offer less diversity of animal and plant species than priority
habitat but that are important for performing the essential functions of
habitat.
Sec. 11.06.455. Seismic hazard areas. Seismic hazard areas
means areas subject to a risk of earthquake damage due to soil
liquefaction. These areas generally contain dux=ated—alluvial sediments,,
normally-consolidated glacial deposits vegetated materials (peat that
either are or can become saturated and poorly compacted fill that either is
or can become saturated. These areas are generally mapped as Category I
and Category II liquefaction susceptibility areas on maps contained within:
Palmer, Walsh, Logan, Gerstel, Liquefaction Susceptibility for the Auburn
and Poverty Bay 7.5-Minute Quadrangles, Washington, Washington State
Department of Natural Resources, September 1995; Palmer, Shasse and
Norman, Liquefaction Susceptibility for the Des Moines and Renton 7.5-
Minute Quadrangles, Washington, Washington State Department of Natural
Resources, December 1994; and slopes that could fail during an
earthquake. In the city of Kent, these sloe areas are generally mantled
with ems st ef-Vashon ice-contact deposits-f a e �f f r(- )-ryeFeefit
teee'ew. Vashon ice-contact deposits (Qvi) are mapped in: Luzier,
Water Supply Bulletin No. 28, Geology and Ground-Water Resources of
Southwestern King County, Washington, State of Washington Department
of Water Resources, 1969 Booth UB and Waldron HH Geologic Maw
the Des Moines Quadrangle King County Washington 2004: Booth DB,
Waldron HH and Troost KG Geologic Map of the Poverty Bay Quadrang
King County Washington 2004 -
Sec. 11.06.460. Scrub-shrub wetland. Scrub-shrub wetland
means a wetland with at least thirty (30) percent of its surface area
KCC 11.06
Critical Areas
Ordinance
101
I
covered by woody vegetation less than twenty (20) feet in height as the
uppermost strata.
Sec. 11.06.465. Sensitive area tract. Sensitive area tract means
a separate tract that is created to protect at+4e -,Ervst+ve-critical area and
its buffer.
Sec. 11.06.470. Site. Site means the location containing a
regulated critical area and on which a regulated activity is proposed. The
location may be a parcel or portion thereof, or any combination of
contiguous parcels, where a proposed activity may impact a critical area.
Sec. 11.06.475. Slope. Slope means an inclined earth surface, the
inclination of which is expressed as the ratio of horizontal distance to
vertical distance.
Sec. 11.06.480. Slope, top. Slope, top means the uppermost limit
of an area where the ground surface drops ten (10) feet or more vertically
within a horizontal distance of twenty-five (25) feet on slopes greater than
forty (40) percent.
Sec. 11.06.485. Streams. Streams means those areas where
surface waters produce a defined channel or bed. A defined channel or bed
is an area which demonstrates clear evidence of the passage of water and
includes, but is not limited to, bedrock channels, gravel beds, sand and silt
beds, and defined-channel swales. The channel or bed need not contain
water year-round. This definition is not intended to include artificially
created irrigation ditches, canals, storm or surface water devices, or other
entirely artificial watercourses unless they are used by salmonids or
created for the purposes of stream mitigation.
KCC 11.06
Critical Areas
Ordinance
102
I
Sec. 11.06.490. Stream reconnaissance report. Stream
reconnaissance report means a type of critical area report prepared by an
applicant's qualified �karrt—professional to describe a stream and to
characterize its conditions, wildlife, habitat values, and water quality.
Sec. 11.06.495. Structural diversity, vegetative. Structural
diversity, vegetative means the relative degree of diversity or complexity
of vegetation in a wildlife habitat area as indicated by the stratification or
layering of different plant communities (e.g., ground cover, shrub layer,
and tree canopy); the variety of plant species; and the spacing or pattern
of vegetation.
Sec. 11.06.505. Sub-Basin. Sub-basin means a smaller drama e ' Formatted:Left,Right 0",Don't adjust
space between Latin and Asian text,Don t
basin that IS pa t of a larger drainage basin or Watery> led. adjust space between Asian text and numbers
Formatted:_Font:Not Bold,Italic_
-�Formatted:front yerdana,11 pt
Sec. 11.06.500. Substantial improvement or reconstruction.
Substantial improvement or reconstruction means any repair,
reconstruction, or improvement the cost of which is more than fifty (50)
percent of the market value of the structure either (1) before the
improvement is started or (2) before the damage occurred if the structure
damaged is being replaced. An improvement occurs when the first
alteration of any wall, ceiling, floor, or other structural part of the building
commences, whether or not the alteration affects the external dimensions
of the structure. Substantial improvement does not include (1) an
improvement to comply with existing state or local health, sanitary or
safety (International Building Code/International Fire Code) specifications
which are necessary to assure safe conditions; or (2) alteration of a
structure listed on the National Register of Historic Places or a state
inventory of historic places.
KCC 11.06
Critical Areas
Ordinance
103
I
Sec. 11.06.505. Substrate. Substrate means the soil, sediment,
decomposing organic matter, or combination of those located on the
bottom surface of the wetland, lake, stream, or river.
Sec. 11.06.510. Temporary erosion control. Temporary erosion
control means onsite and offsite control measures that are needed to
control conveyance or deposition of earth, turbidity, or pollutants during
development, construction, or restoration.
Sec. 11.06.515. Unavoidable and necessary impacts.
Unavoidable and necessary impacts means impacts to etea critical
area or applicable buffers that remain after an applicant has demonstrated
that no practicable alternative exists for the proposed project.
-These
impacts are-49 subject to the mitigation provisions of KCC 11.06.
Sec. 11.06.520. Utility. Utility means natural gas, electric,
telephone, and telecommunications, cable communications, water, sewer,
or storm drainage and their respective facilities, lines, pipes, mains,
equipment, and appurtenances.
Sec. 11.06.525. Volcanic hazard area. Volcanic hazard area
means an area subject to a risk of inundation by lahars or other related
flooding events resulting from volcanic activity originating from Mount
Rainier. These areas are mapped as Inundation Zones for Class M lahars
on maps contained within: Hoblitt, R.P., Walder, J.S., Driedger, C.L., Scott,
K.M., Pringle, P.T., and Vallance, J.W., Volcano Hazards from Mount
Rainier, Washington, U.S. Geologic Survey Open File Report 98-428, 1998.
KCC 11.06
Critical Areas
Ordinance
104
I
Sec. 11.06.530. Wetland. Wetland or wetlands means areas that
are inundated or saturated by surface water or groundwater at a frequency
and duration sufficient to support, and that under normal circumstances do
support, a prevalence of vegetation typically adapted for life in saturated
soil conditions. Wetlands generally include swamps, marshes, bogs, and
similar areas. Wetlands do not include those artificial wetlands intentionally
created from nonwetland sites, including, but not limited to, irrigation and
drainage ditches, grass-lined swales, canals, detention facilities,
wastewater treatment facilities, farm ponds, and landscape amenities, or
those wetlands created after July 1, 1990, that were unintentionally
created as a result of a road, street, or highway. However, wetlands
include those artificial wetlands intentionally created to mitigate conversion
of wetlands. Identification of wetlands and delineation of their boundaries
pursuant to this cha.itei .hall be done in accordance with the approved
federal wetland delineation manual and a x)hcable recaional supplements as
set forth in WAC 173-22-035.�i
�iskrr� �tat-P-WEtFarreKfde��+f+Eati�r+r-arm-{�e{ir�c-ati�-P4arn+af-f Ec�ifec#y;
� a88 {ae mwee� Wetlands determined prior converted cropland (PCC)
by federal agencies may still be considered wetlands by the city of Kent. If
these wetlands meet requirements of the aQproved federal wetland
delineation manual a6, the
wetlands shall be regulated, and the critical area shall be protected like
any other wetland pursuant to this code.
Sec. 11.06.533. Wetland category. Wetland category means the
numeric designation (I through IV) assigned to a wetland to provide an
indication of that wetland's overall function and value. Wetland categories
rank the city's wetlands from highest (Category I) to lowest (Category IV).
KCC 11.06
Critical Areas
Ordinance
105
I
Sec. 11.06.535. Wetland class. Wetland class means the U.S.
Fish and Wildlife Service wetland classification scheme that uses an
hierarchy of systems, subsystems, classes, and subclasses to describe
wetland types (refer to USFWS, December 1979, Classification of Wetlands
and Deepwater Habitats of the United States for a complete explanation of
the wetland classification scheme). Eleven (11) class names are used to
describe wetland and deepwater habitat types. These include: forested
wetland, scrub-shrub wetland, emergent wetland, moss-lichen wetland,
unconsolidated shore, aquatic bed, unconsolidated bottom, rock bottom,
rocky shore, streambed, and reef.
Sec. 11.06.540. Wetland edge. Wetland edge means the
boundary of a wetland as delineated based on the definitions in this
chapter and the procedures specified in this chapter.
Sec. 11.06.543. Wetlands gf Fli®h Conservation Value
�tarevioaesl�r knovan as IVataeral lieritar�e Wetland}. Wetlands of Nib
Conservation Value means a wetland iclentified by the Washington State
Depa tment of fVatural Resources Natural Heritage Program as either high
quality undisturbed wetlands or wetlands that support state threatened.
endangered or sensitive plant species Wetlands of high conservation
value inventories are available from the Washington State Department of
Natural Resources.
Sec. 11.06.545. Wildlife habitat. Wildlife habitat means areas
that provide food, protective cover, nesting, loafing, breeding or
movement for fish and wildlife and with which individual species have a
primary association. Wildlife habitat includes naturally occurring ponds
under twenty (20) acres in area.
KCC 11.06
Critical Areas
Ordinance
106
Sec. 11.06.547. Wildlife-passable fence. VVr(d(rfe-gassab(e fence
means a fence that is designed and placed to allow wild animals of all sizes
to pass beneath or through in order to promote wildlife mobility and
habitat corridors. A wildlife-passable fence may include split-rail cedar or
other non-pressure treated fencing type approved by the director.
Article III. General Mitigation and Monitoring
Sec. 11.06.550. Mitigation standards.
A. Mitigation sequencing shall be avoidance, minimization, mitigation.
Any proposal to impact a critical area shall demonstrate that it is
unavoidable or will provide a greater function and value to the critical area.
B. Adverse impacts to critical area functions and values shall be
mitigated. Mitigation actions shall be implemented in the preferred
sequence as identified in 11.06. 80;. ba{3E w. Proposals which include
less preferred and/or compensatory mitigation shall demonstrate that:
1. All feasible and reasonable measures have been taken to
reduce impacts and losses to the critical area, or to avoid impacts where
avoidance is required by these regulations.; pfei , 4i4—aka
rE�t-�
ht _ t E t y-F3� e=F �V Etk # lEf tk f e
�{Etc-�fTit��#-�J'¢-tie-N-S-A�R ty-EElrtrrf?eer i-
KCC 11.06
Critical Areas
Ordinance
107
I
2. The restored, created, or enhanced critical area or buffer will
at a minimum be as viable and enduring as the critical area or buffer area
it replaces.
3---In the case of wetlands and streams, no overall net loss (Default)Verdana,11 pt
will occur in wetland or stream functions and values. The mitigation shall
be functionally equivalent to the altered wetland or stream in terms of
hydrological, biological, physical, and chemical functions.
4. In the case of isolated eme�egory III or IV wetlands
less than five thousand (5 000) square feet in size avoidance of impacts is
not required. However replacelrlent wetland area must be created
pursuant to K��11.OG.000.D., (Formatted:Font color Auto J
t - '(Formatted:Front (Default)Verdana,11 pt J
�. j itiGatlon Banl<lng and In Lieu Fee Miticatlon. The C may-. f Fomattea:Left,Right: O,Line spacing:
improve mitigation banking and/or in-lieu fee mitigation as a form of f Formatted: s ed,Lmespac lslmes
--------- -------
compensatory mitigation for wetland and habitat conservation area (Formatted:rant:Verdana,11 pt
impacts when the provisions of this chapter regwre mltigatlon and when -{Fo matted:Font yerdana,11 pt
the use of a mitigation bank/in-lieu fee prograrn will provide equivalent or
Greater replacement of critical area functions and values when compared
to conventional perrnittee-responsible mitigation. Mitigation banks and in-
eu fee prop am shall only be used when it can be delrlonstrated that then
provide significant ecological benefits including long-term conservation of
critical areas irnpo Cant species habitats and/or habitat linl ages and
when they are docl.amented to provide a viable alternative to the
piecelrleal mitigation for individual project impacts to achieve ecosystelrl-
based conservation goals. Mitigation banks and in-lieu fee progralrls shall
not be used unless they are certified in accordance with applicable federal
and state mitigation rules and expressly authorized through pity legislative
action.
KCC 11.06
Critical Areas
Ordinance
108
CFormatted:Font Verdana,11 pt
Formatted:Left,Indent:First line: 0••,Right:
{0,Line spacing: single
'{Formatted:Indent:First line: 0"
Sec. 11.06.560. Location and timing of comnensatory
mitigation.
A. Mitigation shall be provided onsite where possible, unless the
director agrees that a higher function and value can be accomplished
offsite within the same drainage basin. Mitigation may be allowed offsite
only when it is determined by the director, `" =_ lh `"_
PFeeeeS, that onsite mitigation is not scientifically feasible or practical due
to physical features of the property. The burden of proof shall be on the
applicant to demonstrate that mitigation cannot be provided onsite.
B. When mitigation cannot be provided onsite, mitigation shall be
provided in the same drainage basin as the permitted activity on property
owned, secured, or controlled by the applicant where such mitigation is
practical and beneficial to the critical area and associated resources.
Mitigation sites shall be located within the city, unless otherwise approved
by the director.
C. In-kind mitigation shall be provided except when the applicant
demonstrates, and the director concurs, that greater function and value
can be achieved through out-of-kind mitigation.
D. When wetland, stream, or habitat mitigation is permitted by these
regulations onsite or offsite, the mitigation project shall occur near an
adequate water supply (river, stream, groundwater) with a hydrologic
connection to the critical area to ensure a successful mitigation or
KCC 11.06
Critical Areas
Ordinance
109
I
restoration. A natural hydrologic connection is preferential as compared to
one which relies upon manmade features requiring routine maintenance.
E. Any agreed upon mitigation plan shall be completed prior to
issuance of a building or construction permit, unless a phased or
concurrent schedule that assures completion prior to occupancy has been
approved by the department.
Sec. 11.06.570. Mitigation monitoring.
A. For any actions permitted by this chapter which require a mitigation
plan, a monitoring program shall be prepared and implemented by the
applicant to evaluate the success of the mitigation project and to
determine necessary corrective actions. This program shall determine if
the original goals and objectives of the mitigation plan are being met. The
monitoring program shall be submitted to, reviewed, and approved by the
department as a part of the mitigation plan.
B. The monitoring program shall include a contingency plan in the
event that implementation of the mitigation plan fails to satisfy the
approved goals and objectives. A ge4OFFA_.-:__ 8Rd FH8
k4financial guarantee or other acceptable security device is required to
ensure the applicant's compliance with the terms of the approved
mitigation plan. The amount of the financial guarante_p_-"_F�-.._.-.__ _Rd
shall equal one hundred twenty-five (125) percent of
the cost of the mitigation project for the length of the monitoring period.
Financial quaranteesee H4t-ies shall not be reduced or released
until the maintenance and monitoring period is complete and has been
approved by the city.
KCC 11.06
Critical Areas
Ordinance
110
I
C. The following elements shall be incorporated into monitoring
programs prepared to comply with this chapter and shall be a part of the
approved mitigation plan:
1. Appropriate, accepted, and unbiased qualitative or precise
and accurate quantitative sampling methods to evaluate the success or
failure of the project.
2. Quantitative sampling methods that include permanent
photopoints installed at the completion of construction and maintained
throughout the monitoring period, permanent transects, sampling points
(e.g., quadrants or water quality or quantity monitoring stations), and
wildlife monitoring stations.
3. Clearly stipulated qualitative and quantitative sampling
methods.
4. Appropriate qualitative and/or quantitative performance
standards that will be used to measure the success or failure of the
mitigation. These will include, at a minimum, standards for plant survival
and diversity, including structural diversity, the extent of wetland
hydrology, hydric soils, and habitat types and requirements as appropriate.
Where plantinas are proposed, an analysis of soil is required. Soil
amendments shall be considered as appropriate for site conditions.
5. Monitoring programs shall be for a period of at least 4wee
five 5 years and include at a minimum: preparation of an as
built plan; annual monitoring and preparation of annual monitoring reports
following implementation; and a maintenance plan. Monitoring-pert iods
may be reduced to three (3Zyears at the discretion of the director if the
KCC 11.06
Critical Areas
Ordinance
111
annual monitoring report proves that the mitigation project has met
established performance standards. More stringent monitoring
requirements may be required on a case-by-case basis for more complex
mitigation plans.
6. Monitoring reports shall be submitted to the department at
intervals identified in the approved mitigation plan. A schedule for the
submittal of monitoring reports and maintenance periods shall be
described in the approved mitigation plan. The reports shall be prepared
by a and must contain all
qualitative and quantitative monitoring data, photographs, and an
evaluation of each of the applicable performance standards. If performance
standards are not being met, appropriate corrective or contingency
measures must be identified and implemented to ensure that performance
standards will be met.
7. The director may extend the monitoring period beyond the
minimum time frame if performance standards are not being met at the
end of the initial five (5) year period; and require additional financial
securities or bonding to ensure that any additional monitoring and
contingencies are completed to ensure the success of the mitigation.
Article IV. Wetlands
Sec. 11.06.580. Wetlands rating system.
A. Wetlands are classified as Category I, II, III, or IV based on the
2014 Washington State Wetland Rating System for Western Washington,
Washington State Department of Ecology Publication No. 4 . 14-06-
029, published October 20144.
KCC 11.06
Critical Areas
Ordinance
112
I
B. Wetland rating categories shall not recognize illegal modifications
that have been made to a wetland or its buffers.
Sec. 11.06.590. Determination of wetland boundary by
delineation.
A. The approved federal wetland delineation irlanual and ap;lir cable
regional suppleirlents shall be used to conduct wetland delineations.
Delineations shall be required when a development is proposed on
property containing wetlands identified on the city of Kent wetland
inventory or when any other credible evidence may suggest that wetlands
could be present. Delineations shall also be performed when the evidence
suggests that buffers #F&Pr-of wetlands on adjacent properties may impact
the proposed development.
B. The exact location of the wetland boundary shall be determined
through the performance of a field investigation applying the wetland
definition of this chapter. AR app! eaRt may Feeluest the depaF.. eRt to
__p_. __ eF atheF expeFts as .._____. __ p_.._.... the del:Beat:_... Where the
applicant has provided a delineation of the wetland boundary, the
department shall verify the accuracy of, and may render adjustments to,
the boundary delineation. The decision of the department may only be
appealed pursuant to procedures outlined in this chapter.
C. The delineation shall contain the following information:
KCC 11.06
Critical Areas
Ordinance
113
I
1. A written assessment and accompanying maps of wetlands
and buffers within two hundred seventy-five (275) feet of the project area,
including the following information at a minimum: all known wetland
inventory maps (including a copy of the city of Kent wetland inventory
map); field delineation data sheets wetland rating forms, wetland
delineations and required buffers; existing wetland acreage; wetland
category; vegetative, faunal, and hydrologic characteristics; soil and
substrate conditions; and topographic data.
2. A discussion of measures, including avoidance, minimization,
and mitigation proposed to preserve existing wetlands and restore any
wetlands that were degraded prior to the current proposed land use
activity a discussion of the wetland`s hydrologic regime discussion of
evicting wetland functions. landscape setting and discussion of potential
direct and/or indirect impacts that may occur to the wetland due to the
proposed activity-
3. A habitat and native vegetation conservation strategy that
addresses methods to protect and enhance onsite habitat and wetland
functions.
D. A wetland delineation which has been confirmed by the department
pursuant to a vested or valid city. permit or land use approval SEPA-Hf iEw
for a proposed project shall be binding upon the city and the applicant. If a
wetland delineation report Figs-isnot part of a vested or valid city permit or
land use approval imewe t# tb SCR f t a{3�4{eatr
ear the city has approved a wetland delineation report for
another purpose, the wetland delineation report shall be valid for a period
of five 5 t ems}years from the date of the approved report.
KCC 11.06
Critical Areas
Ordinance
114
I
Sec. 11.06.600. Wetland buffers and building setback lines.
A. Purmose�
1. The establishment of buffers shall be .required for all• — {Fom,attea:Font verdana,11 pt
Jdeveloplrient proposals and activities in or adacent to wetlands. The Formattea:Justified,Indent F In os;
Line spacng: 1.5 lines l
purpose of the buffer shall be to protect the integrity function value and
resources of the wetland. Buffers shall t py ically consist of an undisturbed
area of native vegetation established to achieve the purpose of the buffer.
No buildings structures im�ervioia, .7u face. or nonnative land�ca�nq
shall be allowed in a buffer unless otherwise permitted by this chapter. -{Fom attea:Font:verdana,I I Pt
Where flexible buffer widths are perritted by this chapter such
enhancement shall be considered in deterrnining appropriate buffer
widths. Buffers shall be protected during construction b�placelrient of a
temporary barricade notice of the presence of the critical area, and
implementation of ap ropriate erosion and sedimentation controls. {Fo matted:Font Verdana,11 Pt
----'__-�Formatted:Justified,Line spacing: 1.5 lines
2. f eguired buffer widths shall reflect the functions and values• —(Formatted:Indent First line os,Right: o°]
— — --
of the wetland the risks associated with development and the type and Fo mattes:Font:Verdana,11 Pt
ntensity of human activity .io. ed tcJ be conducted near the wetland in
those circuristances where such activity is permitted by these regulations.
B. Standard buffer widths.
1. Standard buffers shall be determined by the wetland category
pursuant to KCC 11.06.580 and the habitat score from the Washington
State Wetland Rating System for Western Washington, Washington State
Department of Ecology Publication No. 14-06-02944-96-9 �, published
October 20144. Standard buffers shall be applied to wetlands
unless otherwise reduced pursuant to subsection (C&) of this section,
KCC 11.06
Critical Areas
Ordinance
115
increased pursuant to subsection (DE) of this section, or otherwise
adjusted under other provisions of this chapter. Standard buffers (in feet)
and reduced buffers permitted pursuant to subsection B of this section are
provided in the following table:
3-4 oint S-7 oint D-g oint
Habitat Subsection Subsection Subsectio —(Fo mattes rab�e
Score 3-4 C of Thi S-7 C of TM ES-9 C of Th
Points pints Section R2ints Section R2ints Section
Category I 125 100 150 125 225 200 -(Fo matted:Left
Category II 100 75 125 110 200 175 -(Fo matted:Left
Category Fo matted:Left
III 75 60 125 110 n/a n/a
Category IV 50 40 n/a n/a n/a n/a -(Fo matted:Left
2. Wetland buffer zones shall be required for all regulated
activities adjacent to wetlands. Any wetland created, restored, or
enhanced as compensation for approved wetland alterations shall also
include the standard buffer required for the category of the created,
restored, or enhanced wetland. All buffers shall be measured from the
wetland boundary as surveyed in the field. The width of the wetland buffer
zone shall be determined according to the rating assigned to the wetland.
KCC 11.06
Critical Areas
Ordinance
116
I
3. Bogs shall have a standard buffer of two hundred fifteen
(215) feet. However, a twenty-five (25) foot reduction is allowed with
implementation of subsection B of this section.
4. P 4Hf_�ft a Fa sWetlands of High conservation
Value shall have a standard buffer of two hundred fifteen (215) feet.
However, a twenty-five (25) foot reduction is allowed with implementation
of subsection B of this section.
C8. Reduced buffer widths. Standard buffer widths as noted in Fo mattes:Font:verdana,II pt
subsection B of thi�sectiony be reduced through a_-cornbination of --{Fo mattes:Font y-rdana,IIpt
buffer enhancement and mitigation measures. The applicant shall
demonstrate that by enhancing the buffer and use of applicable miti action {Fom attea Font v-rdana,ll pt
Foatted Justified,Indent Left 0 ,First
measures identified in the following table the reduced buffer will function Lrml-- os Line spacing. 151--s
at a level equivalent to or greater than the level of the standard buffer. CFDm attea Font verdana,11 pt
.(Formatted Font Verdana,11 pt ]
1. � , Fomattedst Paraga ,Justifid,l LneLs phLee
p 15in , mbered+ ve
1+
---- ---- ---- ---- --- ---- Numbering Style a,b,cq +Start at 1+
apGlication r>Iiall meet all of the criteria limed below. A reduced buffer will Alignment Left+Aligned at: 1 +Indent at:
1.5"
bF'` aICGCGVed Orly If: Formatted:List Paragraph,justified,Indent:
(Left: 1 5,Line spacing. 1.5 lines J
'---- Formatted:Justified,Indent Left 0 ,First
a. Zt WI GCGVide an GVera If71GCGV81Tlent In Water quality; -- 1 ,---spaang I Slines
Formatted:Font Verdana,11 pt -J
_______________________________________
Formatted:Font:Times New Roman ll
D. It well prowde an overall enhancement to fish, wildllfe • Formatted:Indent Left 0",First line: I'
Or their habitat;. - � Formatted:Justified,Indent Left 0 ,First
dine I",Line spacing: 1.5
� Formatted Font Verdana,11 pt
C. It will not result In an alteration of current drainage• ,.CFormatted Font Times New Roman
and stormwater detention capabilities {Fom attea:and-nt --t 0",First l-- I' ]
.Formatted:Font Verdana,11 pt
d. -- It will not lead to unstable ea th conditions or create,, Formatted:Justified,Indent Left O,First
-- -- -- - (line 1 ,Line spaang 1 5lines
an erosion hazard; - -------_____
{Formatted:Font:Verdana,11 pt
KCC 11.06
Critical Areas
Ordinance
117
11 Pt
e. It will net be materially detrimental tc any ether {Fom attea:Font verdana,I I Pt
property or the City as a whole and
Formatted:Font:Verdana,11 pt
f. QII expcsed areas are stabilized with native vegetaticn4 - {Fo mattes:Font verdana,II Pt
as apt rip ate
2. Standard buffer widths as noted in subsection A-E of this -(Fomatted:Indent First line os J
-----------------------------------------------
section may be reduced, as provided in that subsection's table, if the Fo mattes:Font:Verdana,11 Pt
applicant implements all applicable mitigation measures identified in the
following table:
Examples o
Examples Activities and Use Measures tc Formatted Tame
of That Cause Minimize
Disturbance Disturbances Impacts
Lights • Parking lots • Direct lights
• Warehouses away from
• Manufacturing wetland
• Residential
Noise • Manufacturing Locate
• Residential activity that
generates
noise away
from wetland
Toxic • Parking lots Route all
runoff* • Roads new,
• Manufacturing untreated
KCC 11.06
Critical Areas
Ordinance
118
I
Examples o
Examples ctivities and Uses Measures t Formatted Table
of That CauseMinimize
Disturbanc Disturbances Impacts
• Residential areas runoff away
• Application of from wetland
agricultural pesticides while ensuring
• Landscaping wetland is not
dewatered
• Establish
covenants
limiting use o
pesticides
within 150 feet
of wetlands
• Apply --____-- For matted:Indent:First line: 0.11"
integrated
pest
management
Change in • Impermeable • Infiltrate o
water surfaces treat, detain,
regime • -Lawns and disperse
• Tilling into buffer
new runoff
from
impervious
surfaces and
new lawns
Pets and • Residential areas
KCC 11.06
Critical Areas
Ordinance
119
I
Examples o
Examples ctivities and Uses Measures t Formatted Tame
of That CauseMinimize
Disturbanc Disturbances Impacts
human
disturbance deRse Hat
vegetateR
del e
ea4
d seear-age
eNd
bHffeF�'eOFF e�
ea5erieR t
Contain rpets
to preven
disturbance,
i.e. doci run
chicken coop
Dust • Tilled fields Use best
management
practices to
control dust
* These examples are not necessarily adequate fo
KCC 11.06
Critical Areas
Ordinance
120
I
Examples o
Examples ctivities and Uses Measures t Formatted Table
of That CauseMinimize
Disturbanc Disturbances Impacts
minimizing toxic runoff if threatened or endangered
species are present.
• This is not a complete list of measures. Other
similar measures may be proposed by the applicant
for approval by the director or his/her designee.
• Applicant shall discuss all applicable mitigation
measures in the mitigation plan, including benefits
to the wetlands for those used and rationale for not
including specific measures.
DE. Increased buffer widths.
1. If a Category I or II wetland with a habitat score greater than
fivetaueFrty (-2-FF) points is located within three hundred (300) feet of a
priority habitat area as defined by the Washington Department of
Fish and Wildlife, or as mapped by the city of Kent as a priority habitat
area in accordance with the Washington State—Department of Fish and
Wildlife definitions, the buffer established in subsection A of this section
shall be increased by fifty (50) feet unless:
a. The applicant provides a relatively undisturbed
vegetated corridor at least one hundred (100) feet wide between the
wetland and all priority habitat areas located within three hundred (300)
feet of the wetland. The corridor shall be protected for the entire distance
KCC 11.06
Critical Areas
Ordinance
121
I
between the wetland and the priority habitat area pursuant to KCC
11.06.640; and
b. The applicant incorporates all applicable mitigation
design criteria pursuant to subsection B of this section.
2. The director may require increased buffer widths on a case-
by-case basis when a larger buffer is necessary to protect species listed by
the federal government or the state as endangered, threatened, sensitive,
or documented priority species or habitats. Such increased buffers shall be
based on recommendations by a qualified professional wetland biologist
and, if applicable, best management practices for protection of the species
adopted by an agency with jurisdiction.
'--�Formatted:Indent:Firstline: 0"
-'__--Formatted:Indent:First line: 0.5"
r_mn�tTCRTCrC11 TrRS r e.....tted �19eF _._. _
KCC 11.06
Critical Areas
Ordinance
122
I
EP. Buffer averaging.
1. Wetland buffer width averaging shall be allowed where the
applicant demonstrates the following:
a. The ecological functions and values of the buffer after
averaging are equivalent to or greater than the functions and values before
averaging as determined by a professional and
as approved by the city. Properly functioning buffers shall not be reduced
through buffer averaging except in exceptional circumstances, such as a
need to gain access to property or other similar circumstances, to be
approved by the director.
b. Averaging will not adversely impact the wetland
functions and values.
C. The total area contained within the wetland buffer after
averaging shall be no less than the total area contained within the
standard buffer prior to averaging.
d. At no point shall the buffer width be reduced by more
than f#ty-twent five ive (543225) percent of the standard buffer or be less than
twenty-five (25) feet.
e. The additional buffer shall be contiguous with the
standard buffer and located in a manner to provide buffer functions to the
wetland.
KCC 11.06
Critical Areas
Ordinance
123
I
f. If the buffers are degraded pursuant to KCC 11.06.227,
they shall be restored pursuant to an approved restoration/enhancement
plan.
g. If restoration or enhancement of the buffer is required
in order to establish a suitable growth of native plants, maintenance and
monitoring of the buffer for a period of at least Unwee-five (53) years shall
be provided pursuant to an approved monitoring plan as required by KCC
11.06.5707 including a financial guarantee until the maintenance and
monitoring period is completed and has been approved by the city.
FE. Buffer restoration required. If the buffers, including both standard
buffers and buffers which are averaged, are degraded, they shall be
restored during development pursuant to an approved restoration plan. If
the plan includes establishing a suitable growth of native plants,
maintenance and monitoring of the buffer for a period of at least -five
(35) years shall be provided pursuant to an approved monitoring plan as
required by KCC 11.06.570 including a financial guarantee until the
maintenance and monitoring period is completed and has been approved
by the city. Where it can be demonstrated that there will be no impacts
from the proposed development to the wetland or wetland buffer, the
director shall have the authority to waive or modify this requirement.
E=S. Required report for buffer agora ---reduction and/or
red�avera trra.
A re uest tg reduce the buffer or
I���aysrac�ur�ant tcyibce inns C or E�f thi�ecti +n chall�
suppcttedhy___a___huffEi_enhancern Wrestoration,_121anpml;amd____by__a
qualified professional. The plan shall assess the habitat, water quality,
KCC 11.06
Critical Areas
Ordinance
124
I
storm water detention, groundwater recharge, shoreline protection, and
erosion protection functions of the buffer; assess the effects of the
proposed decreased or modified buffer on those functions; and address the
applicable criteria listed in this section. A buffer restoration and/or
enhancement plan shall also provide the following: (1) a map locating the
specific area of restoration and/or enhancement; (2) a planting plan that
uses native plant species indigenous to this region including groundcover,
shrubs, and trees; and (3) provisions for monitoring and maintenance
throughout the monitoring period.
HG. Buffer condition. Except as otherwise allowed by this section,
wetland buffers shall be retained in their natural condition. Where buffer
disturbance has occurred during construction, re-vegetation with native
vegetation shall be required pursuant to an approved
restoration/enhancement plan consistent with this code.
IH. Buffer utilization for landscape requirements. Enhanced wetland
buffers may be used to satisfy landscaping requirements in Ch. 15.07 KCC
where all of the following criteria are satisfied:
1. The buffer, as enhanced by applicant, will provide equivalent
or greater protection of wetland functions.
2. The enhanced buffer will meet the landscaping requirements
as outlined in Ch. 15.07 KCC. The proposed landscape vegetation satisfies
wetland buffer vegetation requirements.
3. The enhanced buffer is of the full landscape width required by
Ch. 15.07 KCC.
KCC 11.06
Critical Areas
Ordinance
125
1L Permitted uses in a wetland buffer. Activities shall not be allowed in
a buffer except for the following and then only when properly mitigated
and conducted in a manner so as to minimize impacts to the buffer and
adjacent wetland:
1. When the improvements are part of an approved
enhancement, restoration, or mitigation plan.
2. For construction of new public or private roads and utilities,
and accessory structures, when no practicable alternative location exists.
3. Construction of foot pedestrian, bicycle trails, according to
the following criteria:
a. Designed to minimize impact on the wetland sY te�Tc- {Fo�ettea:mae�r.Lea: 09°,Fo- Jt . OS'
_ _ � Frame"��iaBs-Y�aeFet�ei-�+t
the- yr-
stFEat�aetFar-�-rsyst-eFr�-
L4. Where feasible, located within the outer half of the
buffer, i.e., the portion of the buffer that is farther away from the
wetlandet , except to cross a wetlandStFe8ffi when approved by the
city and all other applicable agencies and except as appropriate to provide
outlook points or similar locations for recreational educational, scientific,
and other purposes which will not adversely affect the overall functions
and values of the wetland.
KCC 11.06
Critical Areas
Ordinance
126
I
4. Construction of footbridges and boardwalks.
5. Construction of educational facilities, such as viewing
platforms and informational signs.
6. The construction of outdoor recreation structures such as
fishing piers, boat launches, arrd-benches aid picnic tables..-
7. Maintenance of existing facilities or temporary uses having
minimal adverse impacts on buffers and no adverse impacts on wetlands.
These may include but are not limited to: maintenance of existing drainage
facilities, low intensity passive recreational activities such as pervious
trails, nonpermanent wildlife watching blinds, short-term scientific or
educational activities, and sports fishing.
S. Stormwater discharge outlets--with energy dissipation
structures as approved by the city of Kent. Unless otherwise approved by
the director, these shall be located as close to the outer perimeter of the
buffer as aFfa a. feasible bythrough proper design and function of the
discharge system. To the extent that construction of such outlets impacts
vegetation in the buffer, restoration of the vegetation shall be required.
9. Ongoing city maintenance activities by its public works and
parks department vegetation and management divisions shall be permitted
to continue general maintenance of wetlands and associated buffers.
Maintenance shall include but not be limited to trash removal, removal of
nonnative vegetation, maintenance of existing vegetation as necessary,
restoration, enhancement, and sign and fence maintenance.
KCC 11.06
Critical Areas
Ordinance
127
K3. Building setback lines. A minimum building setback line of fifteen
(15) feet shall be required from the edge of a wetland buffer, provided the
director may reduce the building setback limit by up to five (5) feet if
construction, operation, and maintenance of the building do not and will
not create a risk of negative impacts on the adjacent buffer area.
Alterations of the building setback lines shall not be permitted to create
additional lots for subdivisions. Approval of alterations of the BSBL shall be
provided in writing by the director, or his/her designee, and may require
mitigation such as buffer enhancement.
Sec. 11.06.610. Avoiding wetland impacts. Regulated activities
shall not be authorized in Category I wetlands except where it can be
demonstrated that the impact is both unavoidable and necessary as
described below, or that all reasonable economic uses are denied.
A.
+eye sa y +� pa is ay k� tee vaF e �e eas e ft a4vEs
�if�ftFftEd�tt-c"t5e-e�Yc�t�fiFFFf?e�ttd{-eb£t�k,+E'�tEE:�-
Where ateF depeRdeRt regulated activities are proposed, the
applicant must demonstrate that:
1. The basic project purpose cannot reasonably be accomplished
using an alternative site in the general region that is available to the
applicant.
2. A reduction in the size, scope, configuration, or density of the
project as proposed; and all alternative designs of the project as proposed
KCC 11.06
Critical Areas
Ordinance
128
I
that would avoid or result in less adverse impacts on a wetland or its
buffer will not accomplish the basic purpose of the project.
3. In cases where the applicant has rejected alternatives to the
project as proposed due to constraints such as zoning, deficiencies of
infrastructure, or parcel size, the applicant has made a reasonable attempt
to remove or accommodate such constraints.
EB. Filling of a—hy�yi isolated emergent Category III or
Category IV wetland less than five thousand (5,000) square feet in size
shall be permitted, provided a replacement wetland area is created
pursuant to KCC 11.06.660(D).
r&
x—lesztea ��
�rirrts—f�ha��+ta�€eirr�t+Fr+�j-the—fe4l�yp��Jt�ated—att+�ities
€ f-a-�Na+t�{-rrra y-kre{� tcwr�-ts-f��s�tic�Cd-c-c�+tstster�t-atttlt
the starrda e
8I rrt-ci�rrp�ttti+�-the-t�itaf-oflfrvo-af-fie t�o-c-tFar�d-ftN-arctrtr�is-`�ti�r,
foe —H�—Fet+Ha }i €tt e p t v d 3Fy e
r+mot +a r
KCC 11.06
Critical Areas
Ordinance
129
�i�—Airy-f� �-tFi�t�sarr�-(-19;9ae-}-Sgt�ar�-feet-�rrtist
Sec. 11,06,630, Fencing and signage. All development and
subdivisions to which this chapter applies shall construct a
passebewildlife-passable fence along the entire wetland buffer edge,
unless otherwise approved by the director. We�ritical ::- �area
signs must also be attached to the fence or located just inside the wildlife-
passable fence attached to a four (4) by four (4) inch cedar post (or other
nonpressure treated materials approved by the city). Signs must be
located at a rate of one (1) sign per residential lot and one (1) sign per
one hundred (100) feet for all public rights-of-way, trails, parking areas,
playgrounds, and all other uses located adjacent to wetlands and
associated buffers.
Sec. 11.06.640. Sensitive area tracts/easements.
A. Condition of approval. As a condition of approval pursuant to this
chapter, the director shall require creation of a separate sensitive area
tract containing the areas determined to be wetland and/or wetland buffer.
Sensitive area tracts/easements are separate tracts containing wetlands
and wetland buffers with perpetual deed restrictions requiring that the
tract remain undeveloped. Sensitive area tracts are an integral part of the
lot in which they are created, are not intended for sale, lease, or transfer,
and may be included in the area of the parent lot for purposes of
subdivision method and minimum lot size.
B. Protection of -wetlands/bufferssey:64ttee-eFea- . The director
shall require that a ee- 64He-critical area be protected by one (1) of the
following methods:
KCC 11.06
Critical Areas
Ordinance
130
I
1. Protection of a regulated wetland and its associated buffer
shall be provided by In acing it in a separate t act on which development is
prohibited executing an easement dedication to a conservation
organization or land trust or similarly preserved through a permanent
protective mechanism acceptable to the city The location and limitations
associated with the wetland and its buffer shall be shown on the face of
the deed or plat as applicable to the property and shall be recorded with
the King County recorder`s office orTk� a} ea# # aN-dam ease t�N ety
t�-�t-fal=�e-p�teatir�-c�r?ati-ve-aegetati�-wo-itk
2. The applicant shall record against the property a permanent
and irrevocable deed restriction on all lots containing a sensitive area tract
or tracts created as a condition of approval. Such deed restriction(s) shall
be approved by the director and the city attorney and prohibit in
perpetuity the development, alteration, or disturbance of vegetation within
the sensitive area tract except for purposes of habitat enhancement as
part of an enhancement project which has received prior written approval
from the city and any other agency with jurisdiction over such activity.
Sec. 11.06.650. Notice on title. The owner of any property with
field-verified presence of wetlands or wetland buffers for which a permit
application is submitted shall, as a condition of permit issuance, record a
notice of the existence of such wetland or wetland buffer against the
property with the King County recorder's office. The notice shall be
approved by the director and the city attorney for compliance with this
provision. The titleholder will have the right to challenge this notice and to
have it released if the wetland designation no longer applies; however, the
KCC 11.06
Critical Areas
Ordinance
131
I
applicant shall be responsible for completing a wetland delineation report,
which will be subject to approval by the director. Any unapproved
alterations of a wetland will result in a code violation and will be enforced
to the fullest extent of the Kent City Code.
Sec. 11.06.660. Compensating for wetland impacts.
A. Condition of approval. As a condition of any approval allowing
alteration of wetlands and/or wetland buffers, or as an enforcement action,
the director shall require that the applicant engage in the restoration,
creation, or enhancement of wetlands and their buffers in order to offset
the impacts resulting from the applicant's or violator's actions. The
applicant shall develop a plan that provides for construction, maintenance,
and monitoring of replacement wetlands and/or buffers and, as
appropriate, land acquisition that re-creates as nearly as practicable or
improves the original wetlands in terms of acreage, function, geographic
location, and setting. 11 Pt
with Wetland Mitigation in Washinaton .State - Part 2., Developing
Mitigation Plans--Version 1 (Ecology Publication #06-O6-Oiib OIym4
WA March 2006 or as revised and .Selectirr Wetland Miti atian .Sites _ -{Fo mattes:Font:11 Pt
Usirra a Watershed Approach (Western VVashrngton.L(Publication #09-06-
32. Olvrnr.�ia, WA, December 2009), and may incorporate guidance from
,Cafcufatirra Credits and Debits for Compensato M trgatrorr rrr Wetlands of Fo mattes:Font Verdana,11 Pt,Itac
Western Washin ton cooyy Publication #10 06-011 Hruby 2012) {Formatted:Font Verdana,11 pt
- '�Formatted:Font:Verdana,11 Pt
B. Goal. The overall goal of any compensatory mitigation project shall
be no net loss of overall wetland acreage or function and to replace any
wetland area lost with wetland(s) and buffers of equivalent functions and
values. Compensation shall be completed prior to wetland destruction,
where practicable. Compensatory mitigation programs shall incorporate
KCC 11.06
Critical Areas
Ordinance
132
I
the standards and requirements contained in KCC 11.06.550 and
11.06.560.
C. Fes crz ;cn any crct tf —uf vPe�a€ s a weEE e
P ePerenee aP Mrtigatran Aetians. Mitigation for lost or diminished wetland Fom attea:Font 11 pt
and buffer functions shall rely on the types below in the following order of
preference:
11 pt
1. esto utlon (re-establishment and rehabilitation) of wetlands: Fom attea:Font 11 pt
11 pt
a. The oa of re-95tablShn"lel"It IS retUl"I"Ilrl natural OI'---- --- Formatted:Indent:Left: o",First line: 1" II
historic functions to a former wetland. Re-establishrrient results in a gain in Fom.ttd 11
wetland acres (and functions,). Activities could include relrioving fill
frlaterla �rJUC�,ginq dltCheS Or bread rIQ drain tle5. 'Formatted:Font (Default)Verdana,11 pt
[Formatted:Font (Default)Times New Roman
b. ,fhe coal of rehabilitation Is refairulq natural or historc• '(��attea:}ea,Rgnt o J
functions of a degraded wetland. Rehabilitation results in a gain in wetland �Fom attea rodent Lea o°,First lme I' ]
[Formatted:Font 11 pt
function but does not result in a gain in wetland acres. Activities could
Involve_ breaching a dike to reconnect wetlands to a flood JIt• ain. Fcrnmatted.Font (Default)Verdana,11 pt
-'- Formatted:Left,Indent First line I",Right:
2. Establishlrient creation)-- of wetlands on disturbed u Ipank� , �o,Line spacing: single
sites such as those with VegetatlVe cover consisting primarily of non-native (Formatted:Indent Left o',First line:.-0 S' ]
.,�[Formatted:Font 11 pt
species Establishment results in a gain in wetland acres. This should be �Fo mattes:Font.11 pt
attelripted onl�hen there is an adequate source of water and it can be
shown that the surface and subsurface hydrologic regime is conducive to
the wetland community that is anticipated in the design , Fom,atted:Font (Defaulq Verdana,II pt
CFo rmatted Font (Default)Times New Roman)
a. f a Site IS not available for Wetland restoration to' Formatted:Left,Indent First line: 05,
compensate for expected wetland and/or buffer impacts the assroval �Right o Line spa°rig single —�
., �Formatted:Indent Left 0',First line 1
authont ma authorize creation of a wetland and buffer a� on� � [Formattedo Font:ll pt
demonstration by the applicant`s qualified wetland scientist that, _(Formatted:Font (Default)Verdana,11 pt
KCC 11.06
Critical Areas
Ordinance
133
[Formatted Font (Default)Times New Roman
I. The hydrology and _soil conditions at the ''Formatted:Left,Right o,Line spacing -
proposed mitigation site areconduuve for sustaining the �oposed wetland single - -
'(Formatted:Font 11 pt ]
and that creation of a wetland at the site will not likely cause h drolocic — -_---_-
------..�-- �Formatted:Indent:Left: 0 ,First line: IS'
problel elelsewhere a __- Formatted:Font:(Default)Verdana,11pt
" - Formatted Font (Default)Times New Roman)
u. The �oposed mitigation site does not contain, Formatted.Left,Indent First e 15,
evasive plants or noxious weeds or that such vegetation will be completely Riga o Line spacing single
\{Formatted:Indent:Left: 0',First line: 1.5" 1
eradicated at the site
'�Formatted:Font:11 pt
11 pt
ui. Adjacent land uses and site conditions do not --{Fomattea:Font 11 pt
jeopardize the viability of the imposed wetland and buffer (e.g. due to
the presence of invasive r�lants or noxious weeds stormwater runoff
noise light or other impactsh and
11 pt
V. The ro osed wetland and buffer is desicned to_ _-{Fo matted:Font 11 pt
be self-SUStal rill lg.with little_or no long-terrn maintenance.... Formatted:Font:11 pt
11 pt
3. Enhancement of significantly -_deg �ded wetlands r —[Fomattea:mdent Left 0",First lme os°
combination with restoration or creation. Enhancement should be part of a {Formatted:Font 11 pt
mitigation package that incll.ades replacing the altered area and meeting
��ropriate ratio reguirel'rientr,. Enhancelrient is undertaken for specified
purposes r7uch as water quality improvelrient flood water retention or
wildlife habitat. Enhancement alone will result in a loss of wetland acreage
and is less effective at re�lacinc the functions lost. Applicants ETosin to �mattea Font (Defawry verdana 11 pt
C d C C 4 c.J— ��
enhance wetlands or associated buffers shall demonstrate: [F^^atted:Font (Default)Times New Roman]
- -- j Formatted:Left,Indent First line 0 5,
Right O,Line spacing single
a. OW the ro Josed el"IhanCel'rlel"It will Increase the°'-- --ff Formatted:Indent:Left: 0",First line: 1"
wetland's lbuffer's functions- CFo matted:Font 11 pt
---Formatted:Font (Default)Verdana,ll pt J
__-- ___-- --- _-- _-- -- -- [Formatted:Font (Default)Times New Roman
Yormatted:Left,Right. 0",Line spacing:
s Fingle
KCC 11.06
Critical Areas
Ordinance
134
D. ow this Increase In function well adequately {Fratted:Font 11pt
..Formatted:Indent Left 0',First line 1
compensate for the Impacts and
-- -- --- -'-{Formatted:Font (Default)Verdana,11 pt J
" _-- -- __-- -,Formatted:Font (Default)Times New Roman]
c. ow all other evlstinc wetland functions at they - -
Foatted:Left,Indent First line I",Right:
I site well be protected.. ( matted:
o Line spacing single
(Formatted:Indent Left O%First line 1"-
- - V `Formatted:Font fa
Formatted:Font (D(D efault)Verdana,11 pt-_ ,
tMME}fE'F�iEJtlS- fC:-tEI-E�?fl.`iE`-cl{$EEC-+FFEIFEfi-EElfl4�JER:ic"}t -
(Formatted:Font:(Default)Times New Roman
Formatted:Left,Indent:First line: 1",Right:
F a � (0",Line spacing: single
D. Acreage replacement and enhancement ratio. Wetland alterations
shall be replaced or enhanced using the formulas in the table below;
however, the director may choose to double mitigation ratios in instances
where wetlands are filled or impacted as a result of code violations. The
first number specifies the acreage of wetlands requiring replacement and
the second specifies the acreage of wetlands altered. These ratios do not
apply to remedial actions resulting from illegal alterations.
y-eFeatires-a�Frc�a-wo-c-tFa+�Els-cue-+atie-c�HF-{fr}-tFr-FrF�e
f a�� by-eFrktca+�lt-4- W,C �o- Fa ds aka Fates e to
KCC 11.06
Critical Areas
Ordinance
135
�Frr��tFra�ier�-�€—E+c�i�ff�t�ac-�F�
�t�ri�s-FED}(-�}f a-}-errs-(� i�> �ier�-��ci-Fc -as-a-FmFritrr�+Frr-�Fre
f�-}-tfr" "f-f-}- ttc�-r�irri:�-FFre�(-€ "�FrrryFe,-c-Fe��ir�-Fria-sec-�Far'rc-fs
tom'
£lid-�J'f-E'fFklr"714f-'PFi"12f .. _ d-Fr3 -FfStfF\T/ A�i
fly
c?-C-FfFtt{3FFIc"}�tFN=1—�h3�VFE'�F�
yw�x�crtsex+F" - ry-III-VdEEIaN�s-�#laN-fie
c"1 G Ef-lftt�t:�tC'E-.-r3"�-FEt�{EIVd`r.
{�}-a+�-day-c-+iJiaFrEtr �
KCC 11.06
Critical Areas
Ordinance
136
�t�r�ti�s-EE}}f-3}(-a}-arr�-E�r�-�€-tF�irtier�-r�-F -as-a- rir�trr�r-ire
4. Ec�rtpEt�sa� _}�+-Hl-t�ac-�Far�#s-s�iaN-��
tom'
-
f f}-a+3�-�y-E�rFia� +exit-c�e�istii++eg-�setFa+ids-e,��uti�i- -F1-}-t�-c�e
f�3
Catery and Re-establishment Re-establishment or Fo mattes rab�e
Tytae of Wetland or Creation Creataaen (R/C} and
Impacts Enhancement C
Category IV 1.5:1 1:1 R/C and 1:1 E
Catecaory 111 2:1 1:1 R/� and 2:1 E
Cate or II 3:1 and 4:1 EC
Category 1 6:1 11 R/C and 10:1 E
Category I Not considered R/C Not considered possible
Wetlands of High possible
Conservation
Value
Cate(-jc)ry I Bog Not considered R/C Not considered xossible
KCC 11.06
Critical Areas
Ordinance
137
I
possi bl e
N®1Eo Catea� I, II, anal III wetland alterations can also be made by a
combination of creation of new wetlands and enhancement of existina
wetlands within the ranee of the atios set out in the table so long as a
minimum one (1 to one (1) creation ratio is met (for example creation of
new wetlands at a one and one-ball (1 1/2) to one (1} ratio along with
enhancement of existing wetlands at a ratio of five (s) to one (I) maybe
acceptable for a Category I wetland.)
E. Decreased replacement ratio. The director may decrease the
required replacement ratio where the applicant provides the mitigation
prior to altering the wetland, and a minimum acreage replacement ratio of
one (1) to one (1) is provided. In such a case, the mitigation must be in
place, monitored for three (3) growing seasons and be deemed a success
prior to allowing any alterations.
F. duffer mitigation ratios. Impacts to buffers shall be mitigated at a {Funnattea:Font 11 pt
1.1 ratio. Cornpensato / buffer mitigation shall replace those buffer {Fonnattea:Font 11 Pt
functions lost from develo )rrrr lent.
GF. Wetland#{ a� mitigation bank or Ira-lieu fee program. The Qty Fo matted:Font Verdana,11 Pt
may approve mitigation banking and/or in-lieu fee mitigation as a form of
compensatory mitigation for wetland impacts when the provisions of this
Chapter require mitigation and when the use of a mitigation bank/in-lieu
fee program will provide equivalent or greater replacement of wetland
functions and values when compared to conventional permittee-
esponsible mitigation. Mitigation banks and in-lieu fee program shall only
be used when it can be demonstrated that the provide significant
KCC 11.06
Critical Areas
Ordinance
138
ecological benefits including long-term conservation of critical areas
important s ep cies habitats and/�r habitat linl�ges and when they are
documented to provide a viable alternative to the piecemeal mitigation for
individual project impacts to achieve ecosystem-based conservation goals.
Mitigation banks and in-lieu feeg ums shall not be used unless they are
certified in accordance with applicable federal and state mitigation rules
and expressly authorized through pity legislative action.-P4it+c��+�ray-�Je
�rso-ed-gait#ri�r��-sac-�kaJ+taic�atib+i-k�+tl�k�atri�rt���
e�y—�€—���;nc�r�Je+�k—ice-feet—R�c�J�Jsc-d
r++i t+Ekrtier�-pJ�i�if=tcr�Jei�f�-offFrvaed-tFrr-ri+tic�ate-ttfst�r�-a�o-c-�Faar++e{-�Je+�k-r -A
f=earewa-c>f-t1�e-#eas+� -�i�J�r-w�iFl-k>e-rcgtri�c-d-te-kre-tJt ief=tc�
rksarr�-:
11 pt
k-H3Jetl:iEFt FFJf?-fT'tc?p- r�C-Eete�-�t�tEFe
f,ade`d--clliEl-&4t--E}�{EFF'c�=cFJ 3EE4 f-ee"itfF
f{iFFFcIEJ�hc"i{-'cfclEtfG.
�. TEei4-trFe��{ee�s-sue' rr +a+ic{es-i+�
water�#ied-4+yek efFJE}y—r-Ftak e-tler�re��ati v -k rrr�t�ti�t
N. Qdvarrce mrtrgatran__ Mitigation forects with pre identified Fo matted: root 11 pt
impacts to wetlands may be constructed in advance of the impacts if the
KCC 11.06
Critical Areas
Ordinance
139
mitigation is implelrlented according to federal rules state policy on
advance mitigation and state water quality regulations.
___ sees sees sees —CFormatted:Font (Default)Verdana,11 pt J
IH. Location. conducted onsite 107rmatted:ListParagraph,Indent Left
---------__------ ------
or ---_
within the same sub-damage basin as the impactsite unless the -(rom,atted:Fonr.Ilpt
He'��Je-3'�
nit-vakreFe-t-kre-ep�a+r-Eietr-rc�stFt�te-t{=ra�
1. The hydrology and ecosystem of the original wetland and
those who benefit from the hydrology and ecosystem will not be
substantially damaged by the onsite loss.
2. -Onsite compensation is not feasible due to problems with -(Fomatted:Indent First line os
hydrology, soils, or other factors. Formatted:Font:(Default)Verdana,11 pt
=.-2-. Compensation is not practical due to potentially adverse
impacts from surrounding land uses.
4.--�-. Existing functional values at the site of the proposed
restoration are significantly greater than lost wetland functional values.
5.4 Adopted goals for flood storage, flood conveyance, habitat, or
other wetland functions have been established and strongly justify location
of compensatory measures at another site.
]1. Offsite compensation. Offsite compensation shall occur within the
Green River Watershed__..._ _.._.:Rage ___:.. _._ the ___._..._. less ____..Feel,
unless:
KCC 11.06
Critical Areas
Ordinance
140
1. established watershed goals for water quality flood stG uge {Fratted:Font 11 pt
or conveyance, habitat, Gr other wetland functions have been established fFcrrmatted.Indent Left 0%Rlstlma OS'
by the �itv and thong X ju tify location of miti anon at another site Or Formatted:Font (DaMa Verdana,11 pt
Formatted:Font (Default)Times New Roman
2 Credits from a state certified wetland mitigation bank area �Fbnrriatted.Left,Mgnt o,Line spacing
used as compensation and the use Gf credits is consistent with the terms sngla
{Formatted Indent Left 0',First line 0 5" ]
of the certified bank instrument (Famatted.Font 11 pt
(Formatted:Pont (Default)-Verdana,
.i._ Fees ..are i-Jald__ tG an apt}roVed ..III IeU fee Qra fl"I tG Formatted:Font (Default)Times New Roman
compensate for the impacts. Foatted:Left,Indent First line o s,
( rmRight 0,Line spacing single
't�E"dJ�ltE-aif' E ?Sir-d'tC"`-e'3`'tF�F1FEc�=y-�di= a�Hr Formatted:Font:11 pt 7777-1
Formatted:Indent:Left: 0",First line: 0.5"
K3. O(fsite compensation site selection. :fr serrt pat r tes
�itiR—ElY c-'f1r8+?EeFr-FFw1:--When conrldennq Gff-site miti9atiCJn -- Famtatted:Font:llpt
preference should be given to using alternative mitigation such as a
mitigation bank an in-lieu fee program or advanced rnitigation.
Aapplicants shall pursue siting in the following order of preference:
1. Upland sites which were formerly wetlands and/or
significantly degraded wetlands. Such wetlands are typically small; have
only one (1) wetland class; and have one (1) dominant plant species or a
predominance of exotic species.
2. Idle upland sites generally having bare ground or vegetative
cover consisting primarily of exotic introduced species, weeds, or emergent
vegetation.
3. Other disturbed upland.
KCC 11.06
Critical Areas
Ordinance
141
K. Timing. Where feasible, compensatory projects shall be completed
prior to activities that will disturb wetlands, or immediately after activities
that will temporarily disturb wetlands, or prior to use or occupancy of the
activity or development which was conditioned upon such compensation.
Construction of compensation projects shall be timed to reduce impacts to
existing fisheries wildlife,, and flora.
4L. Completion of mitigation construction. On completion of
construction, any approved mitigation project must be signed off by the
applicant's qualified professional and approved by the
department. A signed letter from the consultant will indicate that the
construction has been completed as approved, and approval of the
installed mitigation plan will begin the monitoring period if appropriate.
Article V. Fish and Wildlife Habitat Conservation Areas
Sec. 11.06.670. Stream classifications and rating.
A. To promote consistent application of the standards and
requirements of this chapter, streams within the city of Kent shall be rated
or classified according to their characteristics, function, and value, and/or
their sensitivity to disturbance.
B. Classification of streams shall be determined by the department
based on consideration of the following factors:
1. Approved technical reports submitted by qualified .
professionals in connection with applications for activities subject to these
regulations must contain those criteria outlined in section 11 06 070 and
the following:
KCC 11.06
Critical Areas
Ordinance
142
a. ,H_ydrologic ma��ing showingpatterns of....water,.--{Formatted:Font (Defawtj yerdana,11 pt �
movement into through and out of the site area \'(Fo matted:rodent First line 1
t ' ---- Formatted:Left,Right 0",Line spacing:
D. �peufic descriptions of streams, includin Lgrudient and , single
flow characteristics stream bed condition stream bank and slope stability Formatted:Indent First line I
(Formatted:Font (Default)Verdana,11 pt
presence of fish or habitat for fish. presence of obstructions to fish
moveirient general water quality and stream bank vegetation and a
summary of existing stream value for fisheries habitat.
._-- '-- Formatted:Left,Indent:First line: 1%Right:
2. Application of the criteria contained in these regulations; and 0 Line spacing: single l
3. Maps adopted pursuant to this chapter.
C. Streams shall be designated Types 1 through 3 as follows:
1. --?--Type 1 Water means all shorelines identified in the Formatted:Font (Defau Verdana,11 pt J
Kent shoreline master program.
2. Type 2 Water means salmonid bearing segments of natural
waters not classified as Type 1 Water, with documented salmonid use. Tks
_ __. Of _.._ __. _ OF __.__. _._ ___.__.._.. ._.. Salmonid bearing
waters are used by fish for spawning, rearing or migration.
3. Type 3 Water means nonsalmonid segments of natural waters
not classified as Type 1 or 2 Water. These are stream segments within the
bankfull width of defined channels that are perennial and intermittent
nonsalmonid habitat streams. These waters begin at a point along the
channel where documented salmonid fish use ends.
KCC 11.06
Critical Areas
Ordinance
143
I
Sec. 11.06.680. Stream buffer areas, setbacks, fencing and
signage.
A. Pu_moseGerreftel-pfsefsre s.
1. The establishment of buffers shall be required for all
development proposals and activities in or adjacent to streams. The
purpose of the buffer shall be to protect the integrity, function, value, and
resources of the stream. Buffers shall typically consist of an undisturbed
area of native vegetation established to achieve the purpose of the buffer.
No buildings, structures, impervious surfaces or nonnative landscaping
shall be allowed in a buffer unless otherwise permitted by this chapter. Ff
p 4 a ee wit p —Where flexible buffer widths
are permitted by this chapter, such enhancement shall be considered in
determining appropriate buffer widths. Buffers shall be protected during
construction by placement of a temporary barricade, notice of the presence
of the critical area, and implementation of appropriate erosion and
sedimentation controls. 6es + +aevetsrre v rxuxx is
�o-iN-b€-r�trit ed-te-�t c>a+de-Ff -t��rrr-F»tip-a�rd���-cif-��trf€c-�
af
2. Required buffer widths shall reflect the functions and values
of the stream, the risks associated with development, and the type and
intensity of human activity proposed to be conducted on or near the
stream in those circumstances where such activity is permitted by these
regulations.
KCC 11.06
Critical Areas
Ordinance
144
3 AN �tr +-f-�er€fc-ors-��kr�xH-Fieve-a-A ri+}+Rrt�r{-�e�fdt+� �tb<atk-Fi�rc;
i+�s�aFFc-d-at-tFre-ed��€-t-kre-f�er€f�Fe��c+rt�a���t-cy#-sp�ftt-r�if-ec-�kir
B. Standard buffer widths. The following standard buffers are
established for streams, as measured from the ordinary high water mark.
Stream Type Standard Buffer
Type 1 Per Kent SMP
Type 2 100 feet
Type 3 40 feet
C. Valley stream buffers. A special stream buffer and
mitigation/enhancement program shall apply to the industrialized areas
adjacent to portions of Mill Creek, Garrison Creek, and Springbrook Creek
on the valley floor. These areas are substantially developed for industrial
uses and existing, historical setbacks are typically less than fifty (50) feet.
Existing buffers are degraded. These areas are generally identified by the
valley stream overlay map. The valley stream overlay area is generally
described as that area beginning at the Kent city limits where the Green
River and South 180th Street intersect, following South 180th Street
easterly to the eastern right-of-way line to SR 167, then moving south
KCC 11.06
Critical Areas
Ordinance
145
along the SR 167 eastern right-of-way line to the intersection of 848th
Avenue South, then along the Green River Valley floor to West Smith
Street, then east along West Smith Street to East Titus Street, then along
East Titus Street to Central Avenue, then following the Green River Valley
floor to the Green River, then following the eastern edge of the Green
River to the point of beginning. The following standards shall apply to
[�' fieati—sdeveloament proposals adjacent to streams within the
overlay:
1. Stream buffers shall be fifty (50) feet.
2. The goal of the special program applicable to these streams
shall be to enhance existing vegetation and habitat to accomplish sediment
removal and erosion control, pollutant removal, placement of large woody
debris, and particularly to control water temperature. These objectives can
be accomplished with the required buffers.
3. The entire stream buffer shall be enhanced pursuant to a4
buffer management and enhancement plan shall be r, Fed consistent
with the mitigation performance standards in this section.
4. Buffer reductions -shall not be permitted except
as permitted through the reasonable use provisions of KCC 11.06.090 or
the variance provision of KCC 11.06.100.
D. Increased buffers. A buffer width greater than the standard may be
required by the city based on the findings of site-specific studies prepared
consistent with these regulations, or to comply with state or federal plans
to preserve endangered or threatened species.
KCC 11.06
Critical Areas
Ordinance
146
E. Buffer greductian witPr enPrarrce rent. Standard buffer
widths for deg tided buffers may be reduced for Type 2 streams only
subiect to the followinct criteriaTkre-��a+#r+c��-tray-t��+rt-��ff�a
t e ave�aed fTyp " . tea y, and in accordance with the stream
report;-s r+t�r+a:
1. Stream and riparian functions will not be reduced.
2. Salmonid habitat will not be adversely affected.
3. Additional enhancement of habitat is provided in conjunction
with the reduced buffer.
4. TT�t taf a ea aame� tk e f€ aera€t evefag is
t�ra�rt�e# t�acyt�htar�rcc�-rFrt++�sta+x+a�{-C=�er€fc-�
4�F. The buffer width is not reduced by more than f#ty-twenty five
(-5425) percent in any location.
56. All reduced buffers shall be mitigated through buffer
enhancement pursuant to the requirements of KCC 11.06.550.
F. Activities within buffer. No structures or improvements shall be
permitted within the stream buffer area, including buildings, decks, and
docks, except as otherwise permitted by this section, by the city's adopted
shoreline master program, or under one of the following circumstances and
then only when properly mitigated:
1. When the improvements are part of an approved
enhancement, restoration, or mitigation plan; or
KCC 11.06
Critical Areas
Ordinance
147
I
2. Construction of new public roads and utilities, and accessory
structures, when no feasible alternative location exists; or
3. Construction of foot pedestrian, bicycle trails, according to
the following criteria:
a. DEsianecl_o rninrni _irnpa<t�n tri �rFa 1
tom: G t tt fftat� e-v k a tk e-d ter-
bd. Where feasible, 4=1ocated within the outer half of the
buffer, i.e., the portion of the buffer that is farther away from the stream,
except to cross a stream when approved by the city and all other
applicable agencies and except as appropriate to provide outlook points or
similar locations for education recreation scientific and other pcyurposeds
which will not adversely affect the overall functions and values of the
stream.
4. Construction of footbridges and boardwalks.
s. Construction of educational facilities, such as viewing
platforms and informational signs.
6. The construction of outdoor recreation structures such
as fishing piers, boat launches, eFA-benches and picnic tables.-
KCC 11.06
Critical Areas
Ordinance
148
7. Maintenance of Keexistina facilities or temporary uses
havina minimal adverse impacts on buffers and no adverse impacts on
streams. These may include but are not limited to: maintenance of existina
drainage facilities, low intensity passive recreational activities such as
pervious trails, nonpermanent wildlife watchina blinds, short-term scientific
or educational activities, and sports fishina.
S. stormwater discharae outlets with eneray dissipation
structures as approved by the city of Kent. Unless otherwise approved by
the director, these shall be located as close to the outer perimeter of the
buffer as allowed by proper desian and function of the discharae system.
To the extent that construction of such outlets impacts veaetation in the
buffer, restoration of the veaetation shall be required.
9. Onaoina city maintenance activities by its public works
and parks department veaetation and management divisions shall be
permitted to continue general maintenance of streams and associated
buffers. Maintenance shall include but not be limited to trash removal,
removal of nonnative veaetation, maintenance of existina veaetation as
necessary, restoration, enhancement, and sian and fence maintenance.
appFeved by the et�-
G. Protection of streams/buffers. Long-term protection of a regulated
stream and its associated buffer shall be provided by placing it in a
separate tract on which development is prohibited; executing an
easement; dedication to a conservation organization or land trust; or
KCC 11.06
Critical Areas
Ordinance
149
I
similarly preserved through a permanent protective mechanism acceptable
to the city. The location and limitations associated with the stream and its
buffer shall be shown on the face of the deed or plat as applicable to the
property and shall be recorded with the King County recorder's office.
eaFraf,Ue z r
�" E}—{}tff crs--�a�i—rive—cec, eFE{ Fa7atted:Font Italic
Font:Italic
(, ., „�4 may. .�, .G, �, t.„♦—VPtG CTl�LI"�rEfIC'.l
(YG GTCt�eGC-CVYTIC`�C�'��Cl}"}EC"G!"l2ef'�JVC Fr C!t"-!t r![vv
. ___., ;c^c`,,-tcFt€ .iktaff-FefF�-a-}ttffeF tPormatted:Font Italic
_- -- -- - - _ (Formatted:Font Italic --J
-- -- - - '{Formatted:Font Italic J
fEtfrc , mac,,, cruet sic—�.�pFfeart
`-" -{Formatted:Font Italic
fir-.h.. hh-.♦ uii
ee .....
f�ECR?ElFkrzracc.—er�uc uti"iir—£e E d�teFRetHfES—f-RE�tf�fH�—EFYHfFfEtft , Formatted:Font:IWIIC
Formatted:Font:Italic
Hi. Buffer enhancements. The applicant may propose to implement one
or more enhancement measures, listed in order of preference below, which
will be considered in establishing buffer requirements:
1. Removal of fish barriers to restore accessibility to
anadromous fish.
2. Enhancement of fish habitat using log structures incorporated
as part of a fish habitat enhancement plan.
3. Creating or enhancing the surface channel if approved by the
Washington Department of Fish and Wildlife.
4. Planting native vegetation within the buffer area, especially
vegetation that would increase value for fish and wildlife, increase stream
KCC 11.06
Critical Areas
Ordinance
150
I
bank or slope stability, improve water quality, or provide
aesthetic/recreational value.
5. Landscaping outside the buffer area with native vegetation or
a reduction in the amount of clearing outside the buffer area.
6. Enhancement of wildlife habitat by adding structures that are
likely to be used by wildlife, including wood duck houses, bat boxes,
nesting platforms, snags, rootwads/stumps, birdhouses, and heron nesting
areas.
7. Additional mitigating measures may include but are not
limited to the following:
a. Creating a surface channel where a stream was
previously culverted or piped.
b. Removing or modifying existing stream culverts (such
as at road crossings) to improve fish passage and flow capabilities which
are not detrimental to fish.
C. Upgrading retention/detention facilities or other
drainage facilities beyond required levels.
d. Similar measures determined to be appropriate by the
department.
1... Buffer restoration required. If the strearn buffers, includina both
standard buffers and reduced buffers -A FA are earaded
they shall be restored during development pursuant to an approved
KCC 11.06
Critical Areas
Ordinance
151
restoration plan. If the plan includes establishing a suitable growth of
native plants, maintenance and monitoring of the buffer for a period of at
least thF&4ive (53) years shall be provided pursuant to an approved
monitoring plan as required by KCC 11.06.570 including a financial
guarantee until the maintenance and monitoring period is completed and
has been approved by the city. Where it can be demonstrated that there
will be no impacts from the proposed development to the stream or stream
buffer, the director shall have the authority to waive or modify this
requirement.
J. Building setback fines. A minimum building setback line of fifteen (15)
feet shall be required from the edge of a strearrr buffer provided the
director may reduce the building setbad< limit bhp to five (5 feet if
construction operation and maintenance of the building do not and will
not create a risk of negative impacts on the adjacent buffer area.
Alterations of the building a etback lines shall not be permitted to create
additional lots for subdivisions Ap.iroval of alterations of the BSBL shall be
provided in writing by the director and may require mitigation such as
buffer enhancement.
K. Fencing and slgnage. All development and subdivisions to which this
chapter applies shall construct awildlife-passable fence along the entire
strearrr buffer edge unless otherwise approved by the director. Critical
area signs must also be attached to the fence or located just inside the
wildlife-passable fence attached to a four (4j by four (4) inch cedar post
or other nonpressure treated materials approved by the atti . Signs must
be located at a rate of one (i) sign per residential lot and one (i) sign
one hundred (100) feet for all public rights-of-way trailc aarkmg areas,
KCC 11.06
Critical Areas
Ordinance
152
play unds and all other uses located adjacent to streams and associated
buffers.
Sec. 11.06.690. Alteration or development — Standards and
criteria. Alteration of streams and/or their established buffers may be
permitted by the department subject to the criteria of this section.
Standards for mitigation of impacts to critical areas are identified in KCC
11.06.550.
A. Alteration shall not degrade the functions and values of the stream.
B. Activities located in water bodies and associated buffers used by
anadromous fish shall give special consideration to the preservation and
enhancement of fish habitat, including but not limited to the following:
1. The activity is timed to occur only within the allowable work
window for the particular species as identified by the Washington
Department of Fish and Wildlife.
2. The activity is designed so as not to degrade the functions
and values of the habitat and any impacts are mitigated.
3. An alternate location or design is not feasible.
C. Relocation of a Type 2 or 3 stream solely to facilitate general site
design shall not be permitted. Relocation of a stream may be permitted
only when it is part of an approved mitigation or enhancement/restoration
plan, and will result in equal or better habitat and water quality, and will
not diminish the flow capacity of the stream.
KCC 11.06
Critical Areas
Ordinance
153
D& All new culverts shall be designed following guidance provided in the
Washington Department of Fish and Wildlife's document: Design of Road
Culverts for Fish Passage, 2003 (or most recent version thereof). The
applicant shall obtain a HPA from the Department of Fish and Wildlife.
Culverts are allowed only in Types 2 and 3.
EF. The applicant or successors shall, at all times, keep any culvert free
of debris and sediment to allow free passage of water and, if applicable,
fish.
G. The city may require that a culvert be removed from a stream as a
condition of approval, unless the culvert is not detrimental to fish habitat
or water quality, or removal would be a long-term detriment to fish or
wildlife habitat or water quality.
Sec. 11.06.700. Mitigation performance standards. The
performance standards in this section, and the standards in KCC 11.06.550
and 11.06.560 shall be incorporated into mitigation plans submitted to the
city for impacts to streams. Mitigation plans are subject to approval by the
city of Kent.
A. Use plants native to the Puget lowlands or Pacific Northwest
ecoregion; nonnative, introduced plants or plants listed by the Washington
State Department of Agriculture as noxious weeds (Chapter 16-750 WAC)
shall not be used.
KCC 11.06
Critical Areas
Ordinance
154
I
B. Use plants adapted to and appropriate for the proposed habitats and
consider the ecological conditions known or expected to be present on the
site.
C. Avoid planting significant areas of the site with species that have
questionable potential for successful establishment, such as species with a
narrow range of habitat tolerances.
D. Specify plants that are commercially available from native-plant
nurseries or available from local sources; if collecting some or all native
plants from donor sites, collect in accordance with ecologically accepted
methods, such as those described in the Washington Native Plant Society's
Policy on Collection and Sale of Native Plants, that do not jeopardize the
survival or integrity of donor plant populations.
E. Use perennial plants in preference to annual species
pFaetees. Annual plants shall only be used if mitigation monitoring
determines that native plants are not naturally colonizing the site or if
species diversity is unacceptably low compared to approved performance
standards.
F. Use plant species high in food and cover value for native fish and
wildlife species that are known or likely to use the mitigation site
(according to reference wetlands, published information, and professional
judgment).
KCC 11.06
Critical Areas
Ordinance
155
I
G. Install a temporary irrigation system and specify an irrigation
schedule unless a sufficient naturally occurring source of water is
demonstrated.
H. Confine temporary stockpiling of soils to upland areas. Unless
otherwise approved by the public works department, comply with all
applicable best management practices for clearing, grading, and erosion
control to protect any nearby surface waters from sediment and turbidity.
I. Show densities and placement of plants. These should be based on
the ecological tolerances of species proposed for planting.
J. Provide sufficient specifications and instructions to ensure proper
placement diversity and spacing of seeds, tubers, bulbs, rhizomes, springs,
plugs, and transplanted stock, and other habitat features, to provide a
high probability of success, and to reduce the likelihood of prolonged
losses of -functions from proposed development. Prepare
contingency plans as described in KCC 11.06.550 for all mitigation
proposals.
K. Do not rely on fertilizers and herbicides to promote establishment of
plantings. If fertilizers are used, they must be approved in writing by the
department and other applicable agencies, and shall be applied per
manufacturer specifications to planting holes in organic or time-release
forms, such as Osmocote(w, or comparable formulations, and never
broadcast on the ground surface; if herbicides are used to control invasive
species or noxious weeds and to help achieve performance standards, only
those approved for use in aquatic ecosystems by the Washington
Department of Ecology shall be used. Herbicides shall only be used in
conformance with all applicable laws and regulations and be applied per
KCC 11.06
Critical Areas
Ordinance
156
I
manufacturer specifications by an applicator licensed in the state of
Washington.
Sec. 11.06.710. Wildlife habitat classification and rating.
WWildlife habitat areas subject to these regulations include habitat
classified as "critical" habitat and "ponds" according to the criteria in this
section.,..
A. Fish and wildlife habitat conservation areasG4ti� are those
habitat areas which meet any of the following criteria:
1. The documented presence of federally and state endangered Fo mattes:Font yerdana,II Pt
threatened and sensitive species.
Tke d t Ftit-pFe eF p� + er k a�F t-ty fed Fa{ c- mate
F "tkrreateFteed =ea+a�iidate,,, "�eFfsitF�te,=ErF
=`f
2. The documented presence of species and habitats found orr -(Fo matted:Indent:First line: 0.5"
Washington Department of Fish and Wildlife Priority Habitats and Species
databases current City I"labitat rnaps or other relevant database. Formatted:Font (Default)Verdana,II pt
3.� The presence of unusual nesting or resting sites such as
heron rookeries or raptor nesting trees. This provision shall be limited to
raptors which are included within the listed categories of wildlife noted in
subsection (A)(24�) of this section, and shall apply to active nests.
stFtt tir}e�t-.*�-t"�s�
igair t
refe�at3t-gip -
KCC 11.06
Critical Areas
Ordinance
157
B. Naturaffy acc�onds (deepwater aquatic habitat), as defined Fo matted:Font I alit
in this chapter, which are important to and support a wide variety of
species of fish, wildlife, or vegetation.
Sec. 11.06.720. Wildlife habitat buffer areas and setbacks.
Buffer widths for fish and wildlife habitat conservation areas Fo mattes:Font (Default)Verdana,II Pt
erteaf a tat areas shall be determined by the department, based on a
critical area report prepared by tke—app+ea3t FW tea qualified
professional pursuant to this chapter and in consideration of the following
factor,. _ Formatted:Font (Default)Verdana,I I Pt
1. Research and evaluation of best available science source:r--- (Formatted:Indent:Fntline: OS'
elevant to species and habitat prer7ent within the city as docuriented in
City of Kent Best Available Science Review for Fish and Wildlife Habitat
Conservation Areas 2004 or amendments thereto
2. Specier7-specific management guidelines of the Washington
Department of Fish and Wildlife.
3. Recommendations contained in the wildlife study submitted—(Formatted:Iodent:Fntline: 0s
by a qualified professional, following the repo tins reauireirients of these
regulations.
4. The nature and intensity of land uses and activities occurring" {Fomattea:mdent:Flrstlme: os°
on the site and on adjacent sites. Buffers are encou aged but are not
required for secondary habitat.
(Formatted:Font (Default)Verdana,11 pt
'(Formatted:Left,Right 0"
KCC 11.06
Critical Areas
Ordinance
158
D. The critical area report must meet the criteria listed in section
11.06.070 of this code in addition to the following conditions a -(Fo matted:Font Verdana,11 pt
�+x i�Fati�-c�tkrc-feN�va+Fr�-faetF�r s.
1. A narrative summary of existing habitat functions and
values.
2. The d bitats found on
Washington Depa tment of Fish and Wil life Priority Habitats and Species
databases, current pity habitat map, or other relevant database.
3. A description and location of any migration or rnoverient
corridors.
4. Identification of any arear, that have previously been
di turbed or decaraded by human activity or natural processes.
5. Identification of edges between habitat types and and ep ties
comrnardy associated with that Habitat.
6. Monitor nesting rites prior to construction and submit a repo t
docuirientina that it is not currently being used by the relevant species to
derionstrate that a nerdting site is inactive and not subject to these
regulations.
1pt:m.��H-e.�;el—eatrft�i��rr�,€—Hest—a�aFk�{-�Fe �c-Fc-Fr� �trFees—re{c-wa+rt
G�seFaa� 'aFrre�r�rc-Frts-�cr
KCC 11.06
Critical Areas
Ordinance
159
�. rr�x'icc gKJEEt�t�fT'icltlafJ�ffi��tt-Eftitl'�E:rfif-th'�-WhfNEJtfil3
Ya
� rcc-E'Li rr�i�crt�dtibtl`i-EfJtl�dt�tE'd-tFt-��TE'-N? tf�-S�tfE�y-:itf�iFtME�.E�
i _ _ �'E'�NFF=efi"1ePr�.r1>"r--tr�4c-x
'FeEJtFldttf-lR:i-
4�r� Iiutei+e #-i �rrSity-FJ€-Fa++�l-++�arid-aE+ai�les-fJc-��r-i+rg
EJfI-t�c=Sf t--ulYd-bt?-c #jeEe tt- t s—or rcri ulc crreFJHftaged- It-ate-
C8. Buffers for ponds shall be seventy-five (75) feet plus a fifteen (15)
foot BSBL.
E-�-kra(-mat-�Jtr€fc-�t�ai�4ths-rriz+y-be-trradt€iadd-�-�y-avc-�agit�-�Jtrr#c-�
k&4
ittek-pie-c-�Ir al,cer��ettt-FJta�ati�-ef-kJer€fet=4t7
UFO. Certain uses and activities which are consistent with the purpose
and function of the habitat buffer and do not detract from its integrity may
be permitted by the department within the buffer depending on the
sensitivity of the habitat area. Examples of uses and activities with minimal
impact which may be permitted in appropriate cases include P-...:__.`=_.`:e
pedestrian trails, viewing platforms, and utility
easements; provided, that any impacts to the buffer resulting from
permitted facilities shall be mitigated. When permitted, such facilities
shallskeH'd be located in the outer ten (10) feet of the buffer, unless
otherwise approved by the director.
KCC 11.06
Critical Areas
Ordinance
160
EE. Long-term protection of fish and wildlife habitat conservation areas
e �e :� at awe and their associated buffer(s) shall be provided by
placing them in a separate tract on which development is prohibited;
protection by execution of an easement; dedication to a conservation
organization or land trust; or a similar permanent protective mechanism
acceptable to the city. The location and limitations associated with the
habitat and its buffer shall be shown on the face of the deed or plat as
applicable to the property and shall be recorded with the King County
recorder's office.
Sec. 11.06.730. performance standards - alteration or
development of wildlife habitat.
A. Fish and wildlife habitat conservation areasGFi,eal ftahrtat.
Alterations of fish and wildlife habitat conservation areas f—Fial-�at
shall be avoided, subject to the variance or reasonable use provisions of
this chapter.
B. Where permitted by these regulations, alteration shall not degrade
the functions and values of the habitat.
C. S ecifrc habitat: Endan ered Threatened and Sensitive S ecies (Formatted:Fonr.larc
1. No development shall be allowed within a fish and wildlif& —(F.matted:indent:Firsthn os
habitat of impo lance or buffer with which State or federally endangered ` Formatted:Font:Verdana,11 pt
threatened or sensitive species have a primary association except as
otherwise approved through this chapter For fish habitat of importance on
lands regulated under the Kent shoreline master program development
also must meet the use and development requirements of the Kent
shoreline master program.
KCC 11.06
Critical Areas
Ordinance
161
[Formatted:Font Verdana,11 pt
2. Whenever activities are proposed adjacent to a fish and , �Fonnatted:Justified,Indent:First line 05°, �
Line spaang 1.5 lines
wildlife habitat of importance with which State or federally endangeredF
threatened. or sensitive species have a primary association such area
shall be protected through the application of protection measures in
accordance with a critical areas repo t Mpared by a qualified professional
and a to the
fish and wildlife habitat of importance or its buffer shall not occur prior to
consultation with the Department of Fish and Wildlife and the apt rp late
federal agency.
D. Si eeifre Plat itat: Great Rlue Heron Rool<er [Fr matted:Font Verdana,11 pt
Formatted:Justified,Line spacing: 1.5 lines
1. Q buffer measlared from the outermost nest tree in the- —�Formatted:Justified,Indent First line 0.5°, 1
-- -- -- -- -- -- Line spacing: 1 5lines J
rookery, shall,be established around an active rool<ery. This area shall be —
--- --- -- -- -- -- Formatted:Font Verdana,11 pt [
maintained in native vegetation. '[Formatted:Font:Verdana,11 pt
�"(Formatted:Font:Verdana,11 pt
The table below incurJes the year-roland buffers for great blue heron- Fo mattes Font verdana 11 pt
----------------------------------------
'[Formatted:Indent:First line: 0"
rookeries recommended by the Washington Department of Fish and
Wildlife Management Recornrnendations.
* -'---'�Formatted:Justified,Indent:First line: 0.5",
Line spacing: 1.5 lines
Great Blue teleran RookeEM Recommended Buffers
Feet Setting a/o built within 1/4 mile of
the nest colon
984 Undeveloped 0 - 2%
656 Suburban/Rural 2 - 50%
197 Urban > 50%
(Formatted Font Verdana 11 pt
Between ]anuar 1st and Jul 31 t no clearin udin or � Formatted:Justified,Indent Firstrine o
Line spacing: 1 5lines
and disturbing activity shall be allowed within the applicable buffer listed
{Formatted:Font:Verdana,11 pt
KCC 11.06
Critical Areas
Ordinance
162
above unless otherwise,approved by the Qty and Washington Depa tment {Fratted:Font Verdana,11 pt
of Fish and Wildlife. {Fo mattes:F nt verdana,a pt J
-'-{Formatted:Font Verdana,11 pt
3. Approval of permits for activities within _a heron root<erX {Fom,attea:Font verdana,ll pt
buffer shall not occur prig to the approval of a habitat managelrient plan (Fom arras:Font verdana,II pt
by the �itv and the Washington Department of Fish and Wildlife.. Fom,atted:Font:Verdana,11 pt )
E. Secrfrc Peak itat:�nadromous Fish. (Fom,atted:Font Verdana,11 pt
�,;'(Formatted:Font Verdana,11 pt ]
1. QII activities uses, and alterations__protx ed to be located in ClF rmatted:Justified,Line spacing 15lines ]
Formatted:Justified,Indent First line 0 S,
water bodies used by anadromous f1rh or in buffer area that affect such 1-inespacing 151ines
Formatted Font Verdana 11 pt
water bodies shall ig ve special consideration to the preservation and [ _________ _____ _____= _ _ _ _
'(Formatted:Font:Verdana,11 pt
enhancelrient of anadromous fish habitat including but not limited to,
adhering to the following standards:
a. CtIVItIeS sl"rail I"Je tlrrled t0 oCCUr on dUl"In the-'--- --- Formatted:Justified,Indent:First line: I",
Line spacing 1 5lines
allowable work window as designated I:w tl"ie Washington Depa tment of
{Formatted:Font:Verdana,11 pt
Fish and Wildlife for the ar)plicable 5 )ecies-
b. 4n alternative ai e rq irnent or location for the activity is Fo matted:Font Verdana,11 pt
not feasible
c. The activit is deli ned so that it will Jrovide an _- {Fo mattes:Font:verdana,II pt
overall irnr.�rovelrient in the functions or values of the fish habitat or other
critical areas and
d. n im acts to the functions or values of the habitat Fom arras:Font:verdana,II pt
conservation area are mitigated in accordance with an approved critical
areas reJ•Ur
'---- - Formatted:Left,Right: 011,Line spacing:
single J
KCC 11.06
Critical Areas
Ordinance
163
I
Sec. 11.06.740. Performance standards for mitigation
planning.
A. The performance standards in this section, and the general
standards in KCC 11.06.550, shall be incorporated into mitigation plans
submitted to the department for impacts to wildlife habitat. The following
additional mitigation measures shall be incorporated in mitigation
planning:
1. Locate buildings and structures in a manner that minimizes
adverse impacts on fish and wildlife habitat conservation area
Fia44�ats used by priority, threatened, or endangered species and identified
by the Washington Department of Fish and Wildlife, National Marine
Fisheries Services, and U.S. Fish and Wildlife Services.
2. Integrate retained habitat into open space and landscaping.
3. Wherever possible, consolidate fish and wildlife habitat
conservation areas e+t+- li44tatsTinto larger, unfragmented, contiguous
blocks.
4. Use native plant species for landscaping of disturbed or
undeveloped areas and in any habitat enhancement or restoration
activities.
5. Create habitat heterogeneity and structural diversity that
emulates native plant communities described in Natural Vegetation of
Oregon and Washington (Franklin, J.F. and C.T. Dyrness 1988) or other
regionally recognized publications on native landscapes.
KCC 11.06
Critical Areas
Ordinance
164
I
6. Remove and/or control any noxious and invasive weeds or
�non-native animals which are problematic to the critical habitat area
as determined by the department.
7. Preserve significant or existing native trees, preferably in
stands or groups, consistent with achieving the goals and standards of this
chapter.
B. On completion of construction, any approved mitigation project must
be signed off by the applicant's ualified professional
and approved by the department. A signed letter from the consultant will
indicate that the construction has been completed as approved, and
approval of the
Article VI. Geological Hazard Areas
Sec. 11.06.750. Buffers and setbacks.
A. A buffer shall be established to protect geologic hazard areas.
Buffers and setbacks shall be established from the top, bottom, and sides
of critical areas. Unless permitted by the director, native vegetation within
buffer areas shall not be impacted, and shall remain in their natural state.
The width of the buffer shall be established by the department based on
consideration of the following factors:
1. The recommendations contained in the geologic/geotechnical
report required by this chapter and that is prepared by a
,stka+rtqualified professional.
2. The sensitivity of the geologic hazard in question.
KCC 11.06
Critical Areas
Ordinance
165
I
3. The type and intensity of the proposed land use- that either
ma�nact the cep ol�clic hazard or be impacted by the cleoloclic hazard.
B. All buffers shall include a minimum fifteen (15) foot BSBL.
C. When the geotechnical report demonstrates that, due to application
of design and engineering solutions, lesser buffer and setback distances
will meet the intent of this regulation, such reduced buffer and setback
distances may be permitted.
1. Minimum buffer width from identified landslide hazard
areas shall be equal to the vertical height of the landslide hazard or fifty
(50) feet, whichever is greater, for all landslide hazard areas that measure
ten (10) feet or more in vertical elevation change from top to toe of slope,
as identified in the geotechnical report, maps, and field-checking. No
disturbance may occur within the buffer except as provided within this
chapter.
2. The buffer may be reduced when a qualified professional
demonstrates to the department's satisfaction that the reduction will
adequately protect the proposed development, adjacent developments and
uses and the subject critical area. In no case shall the buffer be less than
twenty-five (25) feet.
3. To increase the functional attributes of the buffer, the
department may require that the buffer be enhanced through planting of
indigenous species.
KCC 11.06
Critical Areas
Ordinance
166
I
4. The edge of the buffer area shall be clearly staked, flagged,
and fenced prior to any site clearing or construction. The buffer boundary
markers shall be clearly visible, durable, and permanently affixed to the
ground. Site clearing shall not commence until the engineer has submitted
written notice to the department that buffer requirements of this regulation
are met. Field marking shall remain until all construction and clearing
phases are completed and final approval has been granted by the
department.
Sec. 11.06.760. Alterations of geologic hazard areas.
A. Criteria. Alterations of geological hazard areas or associated buffers
may only occur for activities that meet the following criteria:
1. Will not increase the existing threat of the geological hazard
to adjacent properties.
2. Will not adversely impact other critical areas.
3. Are designed so that the hazard to the project is eliminated or
mitigated to a level equal to or less than pre-development conditions.
4. Are certified as safe as designed under anticipated conditions
by a qualified engineer or geologist, licensed in the state of Washington.
The department may condition or deny proposals as appropriate to achieve
these criteria. Conditions may include limitations of proposed uses,
modification of density, alteration of site layout, and other appropriate
changes to the proposal.
KCC 11.06
Critical Areas
Ordinance
167
I
B. Essential public facilities. Public emergency, health, and safety
facilities, and public utilities shall not be sited within geologically hazardous
areas, or in areas that could be affected by geologic hazards such as
landslide run out zones unless there is no other practicable alternative.
C. Landslide hazard areas.
1. Alterations to landslide hazard areas may be permitted based
on the findings and recommendations of a geologic report prepared
consistent with the requirements of this chapter and certifying that the
development complies with the criteria in subsection (A) of this section.
2. Unless otherwise provided or as a necessary part of an
approved alteration, removal of any vegetation from a landslide hazard
area or buffer shall be prohibited, except for removal of hazard trees as
verified by the department.
3. Vegetation on slopes within a landslide hazard area or buffer
which has been damaged by human activity or infested by noxious and
invasive weeds may be replaced with vegetation native to Kent pursuant to
an enhancement plan approved by the department. The use of hazardous
substances, pesticides, and fertilizers in landslide hazard areas and their
buffers is prohibited unless otherwise approved by the department in
writing.
4. All alterations shall be undertaken in a manner to minimize
disturbance to the landslide hazard area, slope, and vegetation unless the
alterations are necessary for slope stabilization.
D. Erosion hazard areas.
KCC 11.06
Critical Areas
Ordinance
168
I
1. Clearing in an erosion hazard area is not limited to time of
year, except when such restrictions are recommended in the geotechnical
report and approved by the department.
2. Alterations to erosion hazard areas may only occur for
activities for which a hazard analysis has been completed and submitted
certifying that the development complies with the criteria in subsection (A)
of this section. The hazard analysis must be completed in general
accordance with the requisites described in the geologic report.
3. Where the department determines that erosion from a
development site in an erosion hazard area poses a significant risk of
damage to downstream receiving waters, based either on the size of the
project, the proximity to the receiving water or the sensitivity of the
receiving water, the applicant shall be required to provide regular
monitoring of surface water discharge from the site. Monitoring reports
shall be submitted to the department based on provisions in an approved
mitigation plan. If the project does not meet state water quality standards,
the department may suspend further development work on the site until
such standards are met.
4. The use of hazardous substances, pesticides, and fertilizers in
erosion hazard areas is prohibited unless otherwise approved by the
department.
E. Seismic hazard areas.
1. Alterations to seismic hazard areas may be allowed only as
follows:
KCC 11.06
Critical Areas
Ordinance
169
I
a. The evaluation of site-specific subsurface conditions
shows that the proposed development site is not located in a seismic
hazard area;
b. Mitigation based on the best available engineering and
geotechnical practices shall be implemented which either eliminates or
minimizes the risk of damage, death, or injury resulting from seismically
induced settlement or soil liquefaction. Mitigation shall be consistent with
the requirements of Ch. 14.01 KCC and shall be approved by the building
official; and
C. Mobile homes may be placed in seismic hazard areas
without performing special studies to address the seismic hazard. Such
mobile homes may be subject to special support and tie-down
requirements.
F. Volcanic hazard areas. The city shall maintain a map that indicates
the location of volcanic hazard areas,. Sites which are located on or within
two hundred (200) feet of an identified volcanic hazard area shall include a
notation on the title to the affected property disclosing the presence of the
hazard.
Article VII. Critical Aquifer
Recharge Areas
Sec. 11.06.770 Critical aquifer recharge areas designation,
rating and mapping.
KCC 11.06
Critical Areas
Ordinance
170
I
A. Critical aquifer recharge areas designation. Critical aquifer recharge
areas (CARAs) are those areas with a critical recharging effect on aquifers
used for potable water as defined by WAC 365-190-030(=�). CARAs have
prevailing geologic conditions associated with infiltration rates that create
a high potential for contamination of groundwater resources or contribute
significantly to the replenishment of groundwater. These areas include the
following:
1. Wellhead protection areas. Wellhead protection areas shall be
defined by the boundaries of the ten (10) year time of groundwater travel,
or boundaries established using alternate criteria approved by the
Department of Health in those settings where groundwater time of travel is
not a reasonable delineation criterion, in accordance with WAC 246-290-
135.
2. Susceptible groundwater management areas. Susceptible
groundwater management areas are areas that have been designated as
moderately or highly vulnerable or susceptible in an adopted groundwater
management program developed pursuant to Chapter 173-100 WAC.
3. Special protection areas. Special protection areas are those
areas defined by WAC 173-200-090.
4. Private wells. Private wells are not governed by this code;
however, all provisions of the King County Board of Health Code 12.24.010
shall be applicable.
B. Mapping of critical aquifer recharge areas.
KCC 11.06
Critical Areas
Ordinance
171
I
1. The approximate location and extent of critical aquifer
recharge areas are shown on the wellhead protection area inventory map,
maintained by the department.
2. These maps are to be used as a guide for the city of Kent,
project applicants and/or property owners, and may be continuously
updated as new critical areas are identified or when updates to the city of
Kent wetland wellhead protection program are completed. They are a
reference and do not provide a final critical area designation.
3. This mapping does not include private water wells for single-
family residences.
Sec. 11.06.780. Critical aquifer recharge area reporting
requirements.
A. Activities that require a critical area report. If located within a CARA,
the following land use proposals shall be required to complete a critical
aquifer recharge area report. The report shall be submitted to, reviewed
and approved by the department for.
1. Above ground storage tanks.
2. Dry cleaners.
3. Pipelines (hazardous liquid transmission).
4. Auto repair shops (including oil/lube facilities).
5. Underground storage tanks.
6. Gas stations.
7. Other land use types as determined by the director that may
have the potential to significantly impact groundwater resources.
KCC 11.06
Critical Areas
Ordinance
172
I
B. Requirements for critical aquifer recharge area reports.
1. A critical aquifer recharge area report shall be prepared by a
qualified professional who is a hydrogeologist, or engineer, who is licensed
in the state of Washington and has experience in preparing hydrogeologic
assessments.
2. A critical aquifer recharge area report shall include the
following site- and proposal-related information at a minimum:
a. Available information regarding geologic and
hydrogeologic characteristics of the site including the surface location of all
critical aquifer recharge areas located onsite or immediately adjacent to
the site, and permeability of the unsaturated zone based on available
information.
b. Groundwater depth, flow direction, and gradient based
on available information.
C. Currently available data on wells and springs within one
thousand three hundred (1,300) feet of the project area.
d. Location of other critical areas, including surface
waters, within one thousand three hundred (1,300) feet of the project
area.
e. Available historic water quality data for the area to be
affected by the proposed activity.
KCC 11.06
Critical Areas
Ordinance
173
I
f. Best management practices proposed to be utilized.
g. Historic water quality data for the area to be affected
by the proposed activity compiled for at least the previous five (5) year
period based on available information.
h. Groundwater monitoring plan provisions.
I. Discussion of the effects of the proposed project on the
groundwater quality and quantity, including:
I. Predictive evaluation of groundwater withdrawal
effects.
ii. Predictive evaluation of contaminant transport
based on potential releases to groundwater.
j. A spill plan that identifies equipment and/or structures
that could fail, resulting in an impact for construction periods and for
general operating business procedures post-construction. Spill plans shall
include provisions for regular inspection, repair, and replacement of
structures and equipment that could fail.
Sec. 11.06.790. Critical aquifer recharge area performance
standards.
A. General requirements.
1. Activities may only be permitted in a critical aquifer recharge
area if the applicant can show that the proposed activity will not cause
KCC 11.06
Critical Areas
Ordinance
174
I
contaminants to enter the aquifer and that the proposed activity will not
adversely affect the recharging of the aquifer.
2. The proposed activity must comply with the water source
protection requirements and recommendations of the federal
Environmental Protection Agency, State Department of Health, and the
Seattle-King County Health Department.
3. The proposed storm water management facilities must be
designed and constructed in accordance with the 4E+pc-}-I<ent CE++atp-Surface
Water Design Manual as adopted by the city of Kent pursuant to Ch. 7.07
KCC or its successors.
B. Specific uses.
1. Storage tanks. All storage tanks proposed to be located in a
critical aquifer recharge area must comply with all applicable codes
including, but not limited to, the Washington State Department of Ecology
and local code requirements and must conform to the following:
a. Underground tanks. All new underground storage
facilities proposed for use in the storage of hazardous substances or
hazardous wastes shall be designed and constructed so as to:
I. Prevent releases due to corrosion or structural
failure for the operational life of the tank.
ii. Be protected against corrosion, constructed of
noncorrosive material, steel clad with a noncorrosive material, or designed
KCC 11.06
Critical Areas
Ordinance
175
I
to include a secondary containment system to prevent the release or
threatened release of any stored substances.
iii. Use material in the construction or lining of the
tank that is compatible with the substance to be stored.
b. Aboveground tanks. All new aboveground storage
facilities proposed for use in the storage of hazardous substances or
hazardous wastes shall be designed and constructed so as to:
I. Not allow the release of a hazardous substance
to the ground, groundwaters, or surface waters.
ii. Have primary containment areas enclosing or
underlying the tank or part thereof.
iii. A secondary containment system either built into
the tank structure or a dike system built outside the tank for all tanks.
iv. All outside above ground storage tanks shall be
covered to prevent rainwater from filling secondary containment areas.
2. Vehicle repair and servicing. Vehicle repair and servicing must
be conducted over impermeable pads and within a covered structure
capable of withstanding normally expected weather conditions. Chemicals
used in the process of vehicle repair and servicing must be stored in a
manner that protects them from weather and provides containment should
leaks occur.
KCC 11.06
Critical Areas
Ordinance
176
I
3. Dry wells. No dry wells shall be allowed in critical aquifer
recharge areas. Dry wells existing on the site prior to facility establishment
must be abandoned using techniques approved by the State Department of
Ecology prior to commencement of the proposed activity.
4. Residential use of pesticides and nutrients. Application of
household pesticides, herbicides, and fertilizers shall not exceed times and
rates specified on the packaging.
5. Spreading or injection of reclaimed water. Water reuse
projects for reclaimed water must be in accordance with the adopted water
or sewer comprehensive plans that have been approved by the
Departments of Ecology and Health.
a. Surface spreading must meet the groundwater
recharge criteria given in RCW 90.46.010(10) and 90.46.080.
b. Direct injection must be in accordance with the
standards developed by authority of RCW 90.46.042.
Sec. 11.06.800. Prohibited uses. The following activities and
uses are prohibited in critical aquifer recharge areas:
A. Landfills. Landfills, including hazardous or dangerous waste,
municipal solid waste, special waste, wood waste, and inert and demolition
waste landfills.
B. Underground injection wells. Class I, III, and IV wells and
subclasses F01, 5D03, 5F04, 5W09, 5W10, 5W11, 5W31, 5X13, 5X14,
5W20, 5X28, and 5N24 of Class V wells.
KCC 11.06
Critical Areas
Ordinance
177
I
C. Mining.
1. Metals and hard rock mining.
2. Sand and gravel mining is prohibited from critical aquifer
recharge areas determined to be highly susceptible or vulnerable.
D. Wood treatment facilities. Wood treatment facilities that allow any
portion of the treatment process to occur over permeable surfaces (both
natural and manmade)
E. Storage, processing, or disposal of radioactive substances. Facilities
that store, process, or dispose of radioactive substances.
F. Private wells. Any property within the city of Kent using a private
well for water supply shall abate the well in accordance with Department of
Ecology standards, when development is proposed and can be serviced by
a municipal water purveyor. Retention of exempt wells shall not be
permitted for irrigation purposes to prevent potential cross-contamination
issues.
1. All property currently with a private well, or within two
hundred (200) feet of a private well, shall follow all conditions of the King
County Board of Health Code 12.24.010 in the design of the development
of the property. Any proposed development plans shall show all private
wells within two hundred (200) feet.
G. Other uses. Activities that would significantly reduce the recharge to
aquifers currently or potentially used as a potable water source or
KCC 11.06
Critical Areas
Ordinance
178
I
activities that would significantly reduce the recharge to aquifers that are a
source of significant base flow to a regulated stream.
SECTION 2. - Corrections by City Clerk or Code Reviser. Upon
approval of the City Attorney, the City Clerk and the code reviser are
authorized to make necessary corrections to this ordinance, including the
correction of clerical errors; ordinance, section, or subsection numbering;
or references to other local, state or federal laws, codes, rules, or
regulations.
SECTION 3. - Severabilitv. If any one or more section, subsection,
or sentence of this ordinance is held to be unconstitutional or invalid, that
decision shall not affect the validity of the remaining portion of this
ordinance and that remaining portion shall maintain its full force and
effect.
SECTION 4. - Effective Date. This ordinance shall take effect and
be in force thirty (30) days after its passage and publication, as provided
by law.
SUZETTE COOKE, MAYOR
ATTEST:
RONALD F. MOORE, CITY CLERK
APPROVED AS TO FORM:
KCC 11.06
Critical Areas
Ordinance
179
I
TOM BRUBAKER, CITY ATTORNEY
KCC 11.06
Critical Areas
Ordinance
180
I
PASSED: day of 2015.
APPROVED: day of 2015.
PUBLISHED: day of 2015.
I hereby certify that this is a true copy of Ordinance No.
passed by the City Council of the City of Kent, Washington, and approved
by the Mayor of the City of Kent as hereon indicated.
(SEAL)
RONALD F. MOORE, CITY CLERK
KCC 11.06
Critical Areas
Ordinance
181
ORDINANCE NO.
AN ORDINANCE of the City Council of the
city of Kent, Washington, amending Chapter 14.09
of the Kent City Code, entitled "Flood Hazard
Regulations'
RECITALS
A.
B.
C.
D.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
ORDINANCE
SECTION 1. - Amendment. Chapter 14.09 of the Kent City Code is
hereby amended as follows:
182
Sec. 14.09.010. Definitions. The following words, terms, and
phrases, when used in this chapter, shall have the meanings ascribed to
them in this section, except where the context clearly indicates a different
meaning:
A. Appeal means a request for review of any final action pursuant to
this chapter, or of the interpretation of any provision of this chapter by any
city official.
B. Area of shallow flooding means the land within the floodplain where
the base flood depths range from one (1) to three (3) feet; a clearly
defined channel does not exist; the path of flooding is unpredictable and
indeterminate; and velocity flow may be evident.
rE;--awt
�arF�4�-is �+kr}}EEt-trr-ai-erg-(=-)-�>erc�+�t-er-c���ter=EE+ar�-ef-fl�#Irrt}-i++-a+ry
�ryeat=
CD. Base flood means the flood having a one (1) percent chance of
being equaled or exceeded in any given year, also referred to as the one
hundred (100) year flood.
UE. Base flood elevation means the actual elevation (in mean sea level)
of the water surface of the base flood determined by the Federal
Emergency Management Agency Fnt tF4i� or other
qualified person or agency as described in this chapter.
EF. Basement means any area of the building having its floor subgrade
(below ground level) on all sides.
FG. Best available data means (1) the data provided by the Federal
Emergency Management Agency in a scientific and engineering report
183
entitled Flood Insurance Study for King County, Washington and
Incorporated Areas, dated June 16, 1995, with accompanying flood
insurance maps and any subsequent revisions thereto, or (2) hydrologic
and hydraulic analyses performed in accordance with standard engineering
practice and in accordance with FEMA standards contained in 44 C.F.R.
Part 65.
L,H Co een.satory flood storage deans anv new excavated flood Formatted:Font:Not ItMll
story e volume equivalent to any flood storage apacity which has been or
would be eliminated by filling or grading within the Special Flood Hazard
Area. The compensatory flood storage must be provided within the Special
Flood Hazard Area and be free draining.E FFKate a fFaed t is F ea
SFr-Ftr��#-�-e�tFr+f#iatc-d-�yv-ftHtFrFa-F�Fxrax-vo-�#SFr
asseeFateE1-vtitl+tFr�v-
H. Critical facility means a facility for which even a slight chance of
flooding might be too great. Critical facilities include, but are not limited to,
schools, nursing homes, hospitals, police, fire, and emergency response
installations; and public and private facilities which produce, use, or store
hazardous materials or hazardous waste as defined by the State
Department of Ecology.
I. Development means any proposed or actual manmade changes to
improved or unimproved real estate, including but not limited to buildings
or other structures, mining, dredging, filling, grading, paving, excavation,
drilling operations located within flood hazard areas and other site
preparation activities,-e storage of materials or equipment, subdivision of
and, removal of substantial amounts of vegetation, or alteration of natural
site characteristics-
184
J. �4 Director means the director of the city
of Kent de pa tment of Economic and community Developirient or his/her
designee.ef4kre--fa#
K. Fill means .the
addition of soil, sand, rock, gravel, sediment, earth retaining structure, or
other material by artificial means.
L. Flood or flooding means a general and temporary condition of partial
or complete inundation of normally dry land areas from:
1. The overflow of inland or tidal waters;
2. The unusual and rapid accumulation of runoff of surface water
from any source.
M. Flood fringe means tj e po lion of the Special Flood Hazard Area Formatted:Font:Verdana
outside of the floodway which is generally covered by flood waters during
the base flood.
N. Flood insurance rate map (FIRM) means the official map on which Formatted:Font:NotI alit
the Federal Emergency Manageirient Agency# eaf—fe
a4r,ttF44. FattflR has delineated both the special flood hazard areas and the
risk premium zones applicable to the community.
NO. Flood insurance study means the official report provided by the
Federal 1 ,u t Ad — FiErnergency Management Agency that
includes flood profiles, t WaedtFdary ark fFaay f, the flood
insurance rate map, and the water surface elevation of the base flood.
185
AP. Flood protection elevation means that the finished floor of any
structure must be a minimum of two (2) feet above the base flood
elevation.
PQ. Flood season means the period from Pf —October 1st to
March 31st during which, historically, the frequency, distribution, and
volume (inches of rainfall) of storms in the Green River Basin have been
the largest and all known major floods have occurred.
I�LR. Floodplain means that portion of a river or stream channel and
adjacent lands which are subject to the base flood flooding.
446. Floodway means the channel of the stream and that po lion of the Formatted:Font:Verdana
adjoining special flood hazard area which is necessary to contain and Formatted:Font:Verdana
discharge the base flood flow without increasing the base flood elevation
morethanone (1) foot.tk ekaN e of r e tFe vate s_,_-� Formattea:Font:verdana
�}atc-F�t-Fa��-aFeas-tkrat�+east-��e-�e��eFaed-i�-F�Fd�terge-tkre-f-�ase
fFeFay-
T. Lowest floor means the lowest floor of the lowest enclosed area
(including basement). An unfinished or flood-resistant enclosure, usable
solely for parking of vehicles, building access, or storage, in an area other
than a basement area, is not considered a building's lowest floor;
provided, that such enclosure is not built so as to render the structure in
violation of the applicable nonelevation design requirements of this
chapter.
186
U. Manufactured home means a structure, transportable in one (1) or
more sections, which is built on a permanent chassis and is designed for
use with or without a permanent foundation when connected to the
required utilities. For floodplain management purposes the term
manufactured home also includes park trailers, travel trailers, and other
similar vehicles placed on a site for greater than one hundred eighty (180)
consecutive days. For insurance purposes the term manufactured home
does not include park trailers, travel trailers, and other similar vehicles.
V. Manufactured home park or subdivision means a parcel (or
contiguous parcels) of land divided into two (2) or more manufactured
home lots for rent or sale.
W. No net fill means that if any fill is brought on to a site for the
construction of a structure or access road then an equal amount of
soil/material will be removed from the site. Fill must be obtained from the
same site, to the extent practicable. The soil removed must be from within
the boundaries of the site, to the extent practicable, and from within the
special flood hazard area. If not practical, soil could be removed from
property in the immediate vicinity and within the special flood hazard area.
The area from which the soil is removed must be able to drain completely
nto the adoiinin watercourse following a flood.
X. New construction means structures for which the start of
construction commenced on or after the effective date of the ordinance
codified in this chapter.
e ^ Formatted:Font:verdana,11 pt
Y. Recreational vehicle means a vehicle which is: Formatted:a:t Paragrapn
1. Built on a single chassis;
187
2. Four hundred (400) square feet or less when measured at the
largest horizontal projection;
3. Designed to be self-propelled or permanently towable by a
light duty truck; and
4. Designed primarily not for use as a permanent dwelling but as
temporary living quarters for recreational, camping, travel, or seasonal
use.
Z. Special flood hazard area means the total area subject to inundation
by the base flood ew�atef--areae-identifiecl by the Federal
i-&REmergency Managernent Agency in a report
entitled The Flood Insurance Study for King County, Washington and
Incorporated Areas, dated 16, 199_544, with
accompanying pages on file with King County or the department of public
works of the city.
AA. Start of construction includes substantial improvement, and means
the date a building permit was issued, provided the actual start of
construction, repair, reconstruction, placement, or other improvement was
within one hundred eighty (180) days of the permit date. The actual start
means either the first placement of permanent construction of a structure
on a site, such as the pouring of slab or footings, the installation of piles,
the construction of columns, or any work beyond the stage of excavation;
or the placement of a manufactured home on a foundation. Permanent
construction does not include submission of an application for
development, land preparation, such as clearing, grading, and filling; nor
does it include the installation of streets and/or walkways; nor does it
include excavation for a basement, footings, piers, or foundations or the
erection of temporary forms; nor does it include the installation on the
188
property of accessory buildings, such as garages or sheds not occupied as
dwelling units or not part of the main structure.
BB. Structure means a walled and roofed building including a gas or
liquid storage tank that is principally above ground.
CC. Substantial improvement means any repair, remodeling,
reconstruction, or improvement of a structure, the cost of which equals or
exceeds fifty (50) percent of the appraised fair market value of the
structure either:
1. Before the improvement or repair is started; or
2. If the structure has been damaged and is being restored,
before the damage occurred.
For the purposes of this definition, substantial improvement is considered
to occur when the first alteration of any wall, ceiling, floor, or other
structural part of the building commences, whether or not that alteration
affects the external dimensions of the structure.
The term does not, however, include either:
a. Any project for improvement of a structure to correct Formatted:No underline
pre-cited evistinq violations of state or local health sanitary or safetx
code specifications which have been previously identified by the local code
enforcement official and which are the minimum necessary to assure safe
living conditionsE �r t state v F kEatF Fy
Fters; or
189
b. Any alteration of a structure listed on the National
Register of Historic Places or a recognized state or local inventory of
historic places.
Sec. 14.09.020. Findings. The city council finds that:
1. The flood hazard areas of the city are subject to periodic
inundation which endangers life and property, presents health and safety
hazards, disrupts commerce and governmental services, and necessitates
extraordinary public expenditures for flood protection and relief, all of
which adversely affect the public health, safety, and general welfare; and
2. These flood losses are caused by the natural accumulation
and ponding of floodwaters and the cumulative effect of obstructions in
flood hazard areas which increase flood heights and velocities. Uses
inadequately floodproofed, elevated, or protected from flood damage or
that otherwise encroach on the natural holding capacity of the floodplain
also contribute to the flood loss.
Sec. 14.09.030. Purpose. It is the purpose of this chapter to
promote the public health, safety, and general welfare, and to minimize
public and private losses due to flood conditions in specific areas by
enacting provisions designed to:
1. Protect life and property by preventing the hazardous use of
flood-prone lands;
2. Protect downstream or surrounding property from higher
velocities or higher flood levels which may be caused by loss of holding
capacity in the floodplain;
190
3. Minimize turbidity and pollution from upstream or surrounding
development during a flood;
4. Minimize the expenditure of public money for remedial flood
control measures;
5. Minimize the need for rescue and relief efforts associated with
flooding which are generally undertaken at the expense of the general
public;
6. Minimize damage to public facilities and utilities such as water
and gas mains, electric, telephone and sewer lines, streets, and bridges
located in flood hazard areas;
7. Alert appraisers, assessors, owners, potential buyers, and
lessees to the natural limitations of flood-prone land;
S. Ensure that those who occupy or seek to develop in flood
hazard areas assume responsibility for their actions;
9. Qualify the city and existing homes and businesses for
participation in the Federal Flood Insurance Program; and
10. Implement local, state, and federal flood protection programs.
Sec. 14.09.040. Policies and standards for reducing flood
losses. In order to accomplish its purpose, this chapter includes policies
and standards to:
1. Restrict, condition, or prohibit uses which are dangerous to
health, safety, and property due to water or erosion hazards, or which
result in damaging increases in erosion, flood heights, or velocities;
191
2. Require that uses vulnerable to floods, including facilities
which serve such uses, be protected against flood damage at the time of
initial development and construction;
3. Control the alteration of natural floodplains, stream channels,
and natural protective barriers, which help accommodate or channel
floodwaters;
4. Control filling, grading, dredging, and other development
which may increase flood damage; and
5. Prevent or regulate the construction of flood barriers which
will unnaturally divert flood- waters or which may increase flood hazards in
other areas.
Sec. 14.09.050. Lands to which this chapter applies. This
chapter shall apply to all special flood hazard areas &Fees- f-&pee-,
haza+c#-within the jurisdiction of the city.
Sec. 14.09.060. Basis for establishing the soecial flood
hazard areas The ass € stag
the-arear special flood hazard areas is—are teas f fe+a f 4
kiaz»-:--identified by the Federal Emergency Management Agency in a
scientific and engineering report entitled Flood Insurance Study for King
County, Washington and Incorporated Areas, dated A rip 11Jat6, 1995,
with accompanying flood insurance maps and any subsequent revisions
thereto (the flood insurance study), which is hereby adopted by reference
and declared to be a part of this chapter as if stated verbatim; or the use
of best available data as defined in this chapter. The flood insurance study
is on file and available for examination at the office of the department of
public works.
192
Sec. 14.09.070. Penalties for noncompliance. No structure or
land shall hereafter be developed, constructed, located, extended,
converted, or altered without full compliance with the terms of this chapter
and other applicable regulations. Violation of the provisions of this chapter
by failure to comply with any of its requirements (including violations of
conditions and safeguards established in connection with conditions) shall
constitute a misdemeanor. Any person who violates this chapter or fails to
comply with any of its requirements shall upon conviction thereof be fined
not more than five hundred dollars ($500) or imprisoned for not more than
one hundred eighty (180) days, or both, for each violation, and in addition
shall pay all costs and expenses involved in the case. In addition, nothing
herein contained shall prevent the city from issuing notices of violation
pursuant to Ch. 1.04 KCC to any person or entity responsible for acts or
omissions contrary to the regulations contained in this chapter, nor
prevent the city from taking any other lawful action as is necessary to
prevent or remedy any violation.
Sec. 14.09.080. Abrogation and greater restrictions. This
chapter is not intended to repeal, abrogate, or impair any existing
easements, covenants, or deed restrictions. However, where this chapter
and another ordinance, easement, covenant, or deed restriction conflict or
overlap, whichever imposes the more stringent restrictions shall prevail.
Sec. 14.09.090. Interpretation. In the interpretation and
application of this chapter, all provisions shall be:
1. Considered as minimum requirements;
2. Liberally construed in favor of the governing body; and
193
3. Deemed neither to limit nor repeal any other powers granted
under state statutes.
Sec. 14.09.100. Warning and disclaimer of liability. The
degree of flood protection required by this chapter is considered
reasonable for regulatory purposes and is based on scientific and
engineering considerations. Larger floods can and will occur on rare
occasions. Flood heights may be increased by manmade or natural causes.
This chapter does not imply that land outside the special flood hazard
areas or uses permitted within such areas will
be free from flooding or flood damages. This chapter shall not create
liability on the part of the city, its elected officials or any officer or
employee thereof, or the Federal Insurance Administration, for any flood
damages that result from reliance on this chapter or any administration
decision lawfully made hereunder.
r t F z r t e,z ma' pN? v tF aFE N s s f 4-tapteF—&&4 r
EC�aft � ate-FF�-EFm rt —�or� Aet—�
Sec. 14.09.120. Permits and licenses. No permit or license for
structures or the development or use of land shall be issued by the city
within a special flood hazard area unless approved by the director-ef-41hfv+
. Such approval shall be based on a review of the provisions set
forth in this chapter and the technical findings and recommendations of
city departments including, but not limited to, building, fire, and planning
departments. Compliance with the provisions of this chapter does not
obviate the need to obtain other permits which may be required pursuant
to state or federal law including but not limited to approvals required from
the United States Army Corps of Engineers and the State Departments of
194
Social and Health Services and Ecology relating to water and sewer
systems which ensure that water and sewer systems will be designed to
avoid infiltration, inflow, or impairment.
Sec. 14.09.130. Procedural requirements. City permits or
licenses which relate to the development and use of land within a46cd
k the special flood hazard areas& shall be referred to the
department of economic and community development & by
the issuing department for approval. If it can be determined from
information at hand that the property does not lie in a special flood hazard
area, the issuing department may approve the permit or license directly. If
it appears that the property may lie in a special flood hazard area, the
department of economic and community develo m�shall
require its owner to submit information necessary to determine if in fact
the property lies within the floodway or floodwat fringe. If it is determined
that the property lies within the floodway or within the floodway fringe, the
applicant shall be required by the department of .economic and
community develo irp gent to submit such surveys, plans, and supporting
documents as are necessary to determine the applicability of city
regulations to the proposed structure, development, or use. The
department of conomic and community development shall
consider not only the individual structure, development, or use, but shall
also consider it in combination with existing and future similar structures,
developments, and uses. Whenever technical information is furnished to
the city by an applicant, the city shall consider such report in acting upon
the requested permit. In performing such review, the department of f+k44e
w 44seconomic and community development may request additional
applicant information, including the preparation and submission of an
environmental checklist under the State Environmental Policy Act or a
supplement thereto if already submitted to an issuing department. The
director�,f44s-�e-shall, within a reasonable time, indicate approval
or disapproval of the requested permit or license; and if approved, the
195
conditions of approval, in a letter to the issuing department, with copies to
the applicant, issuing department, commenting departments, other
agencies, and other known parties of interest.
Sec. 14.09.140. Use of other base flood data. In order to
administer the provisions of this chapter when base flood elevation data
has not been provided in accordance with sections herein, the director
shall obtain, review, and reasonably utilize any base flood elevation and
floodway data available from a federal, state, or other source determined
by the director--to provide accurate and detailed flood related information.
Such information shall supplement special flood hazard area information
and maps and shall be retained on file with the department of public
works, including information under KCC 14.09.150.
Sec. 14.09.150. Designation of local administrator. The fA+6Ec
werlke director �is hereby appointed to administer and
implement this chapter by granting or denying development permit
applications in accordance with its provisions.
Duties of the administrator shall include, but not be limited to:
A. Permit review.
1. Review all development permits to determine that the permit
requirements of this chapter have been satisfied.
2. Review all permits to determine that all necessary permits
have been obtained from those federal, state, or local governmental
agencies from which prior approval is required.
196
3. Review all permits to determine if the proposed development
is located within a floodway. If proposed development is located within a
floodway, ensure that KCC 14.09.180 is enforced.
B. Use of other base flood data (in A and V zones).
1. When base flood elevation data has not been provided (A and
V zones) in accordance with KCC 14.09.060, the b y 6economic and
community development director of fs lher-4esF -shall obtain, review,
and reasonably utilize any best available data, base flood elevation, and
floodway data available from a federal, state, or other source to administer
this title.
C. Information to be obtained and maintained.
1. Where base flood elevation data is provided through the flood
insurance study, FIRM, or required as in KCC 14.09.140, obtain and record
the actual elevation (in relation to mean sea level) of the lowest floor
(including basement) of all new or substantially improved structures, and
whether or not the structure contains a basement.
2. For all new or substantially improved floodproofed structures
where base flood elevation data is provided through the flood insurance
study, FIRM, or as required in KCC 14.09.140:
a. Obtain and record the elevation (in relation to mean
sea level) to which the structure was floodproofed; and
b. Maintain floodproofing certifications required pursuant
to this chapter.
197
3. Maintain for public inspection all records pertaining to the
provisions of this chapter.
D. Alteration of watercourses.
1. Notify adjacent communities and the Department of Ecology
prior to any alteration or relocation of a watercourse, submit evidence of
such notification to the Federal Insurance Administration.
2. Require that maintenance is provided within the altered or
relocated portion of said watercourse so that the flood carrying capacity is
not diminished.
E. Interpretations of FIRM boundaries. Make interpretations where
needed, as to exact location of boundaries of the special flood hazard areas
4-sp (for example, where there appears to be a conflict
between a mapped boundary and actual field conditions). The person
contesting the location of the actual boundary shall be given reasonable
opportunity to appeal the interpretation as provided for in KCC 14.09.210.
Sec. 14.09.160. General standards. In all special flood hazard
areasafeae-ef sf�ece , the following standards are required:
1. Anchoring.
a. All new construction and substantial improvements shall be
anchored to prevent flotation, collapse, or lateral movement of the
structure.
b. All manufactured homes must likewise be anchored to prevent
flotation, collapse, or lateral movement, and shall be installed using
methods and practices that minimize flood damage. Anchoring methods
198
may include, but are not limited to, use of over-the-top or frame ties to
ground anchors (reference FEMA's Manufactured Home Installation in Flood
Hazard Areas Guidebook for additional techniques).
2. Construction materials and methods.
a. All new construction and substantial improvements shall be
constructed with materials and utility equipment resistant to flood damage.
b. All new construction and substantial improvements shall be
constructed using methods and practices that minimize flood damage.
C. Electrical, heating, ventilation, plumbing, and air-conditioning
equipment and other service facilities shall be designed and/or otherwise
elevated or located so as to prevent water from entering or accumulating
within the components during conditions of flooding.
3. Utilities.
a. All new and replacement water supply systems shall be
designed to minimize or eliminate infiltration of floodwaters into the
system;
b. New and replacement sanitary sewage systems shall be
designed to minimize or eliminate infiltration of floodwaters into the
systems and discharge from the systems into floodwaters;
C. Onsite waste disposal systems shall be located to avoid
impairment to them or contamination from them during flooding; and
d. Proposed water wells shall be located on high ground that is
not located within a special flood hazard area.
199
4. Subdivision proposals.
a. All subdivision proposals shall be consistent with the need to
minimize flood damage;
b. All subdivision proposals shall have public utilities and
facilities such as sewer, gas, electrical, and water systems located and
constructed to minimize flood damage;
C. All subdivision proposals shall have adequate drainage
provided to reduce exposure to flood damage;
d. Where base flood elevation data has not been provided or is
not available from another authoritative source, it shall be generated for
subdivision proposals and other proposed developments which contain at
least fifty (50) lots or five (5) acres (whichever is less); and
e. Subdivision approval should depict or state what portions of
the development are within special flood hazard areas.
5. Review of building permits. Where elevation data is not available
either through the flood insurance study or from another authoritative
source, applications for building permits shall be reviewed by both the
issuing department and department of pt *eFk economic and
community development to assure that proposed construction will be
reasonably safe from flooding. The test of reasonableness is a local
judgment and engineering practices and includes use of historical data,
high-water marks, photographs of past flooding, etc., where available.
Failure to elevate at least two (2) feet above grade in these zones may
result in higher insurance rates.
200
Sec. 14.09.170. Specific standards. In all special flood hazard
areas where base flood elevation data has
been provided as set forth in KCC 14.09.060 or 14.09.140, the following
provisions are required:
1. Residential construction.
a. New construction and substantial improvement of any
residential structure shall have the lowest floor, including basement,
elevated to the flood protection elevation.
b. Fully enclosed areas below the lowest floor that are subject to
flooding are prohibited, or shall be designed to automatically equalize
hydrostatic flood forces on exterior walls by allowing for the entry and exit
of floodwaters. Designs for meeting this requirement must either be
certified by a registered professional engineer or architect or must meet or
exceed the following minimum criteria:
i. A minimum of two (2) openings having a total net area
of not less than one (1) square inch for every square foot of enclosed
areas subject to flooding shall be provided.
ii. The bottom of all openings shall be no higher than one
(1) foot above grade.
iii. Openings may be equipped with screens, louvers, or
other coverings or devices; provided, that they permit the automatic entry
and exit of floodwaters.
2. Nonresidential construction. New construction and substantial
improvement of any commercial, industrial, or other nonresidential
structure shall either have the lowest floor, including basement, elevated
201
to the flood protection elevation; or, together with attendant utility and
sanitary facilities, shall:
a. Be flood-proofed to the flood protection elevation so that the
structure is watertight with walls substantially impermeable to the passage
of water;
b. Have structural components capable of resisting hydrostatic
and hydrodynamic loads and effects of buoyancy;
C. Be certified by a registered professional engineer or architect
that the design and methods of construction are in accordance with
accepted standards of practice for meeting provisions of this subsection
based on their development and/or review of the structural design,
specifications and plans. Such certifications shall be provided to the official
as set forth in KCC 14.09.150(C)(2);
d. Nonresidential structures that are elevated, not floodproofed,
must meet the same standards for space below the lowest floor as
described in subsection (1)(b) of this section;
e. Applicants floodproofing nonresidential buildings shall be
notified that flood insurance premiums will be based on rates that are one
(1) foot below the floodproofed level (e.g., a building floodproofed to one
(1) foot above the base flood level will be rated as at the base flood level).
3. Critical facility. Construction of new critical facilities shall be, to the
extent possible, located outside the limits of the base floodplain.
Construction of new critical facilities shall be permissible within the base
floodplain if no feasible alternative site is available. Critical facilities
constructed within the base floodplain shall have the lowest floor elevated
to three (3) feet or more above the level of the base flood elevation at the
202
site. Floodproofing and sealing measures must be taken to ensure that
toxic substances will not be displaced by or released into floodwaters.
Access routes elevated to or above the level of the base floodplain shall be
provided to all critical facilities to the extent possible.
4. Manufactured homes. All manufactured homes to be placed or
substantially improved within zones Al - 30, AH, and AE on the
community's FIRM shall be elevated on a permanent foundation such that
the lowest floor of the manufactured home is at the flood protection
elevation; and be securely anchored to an adequately anchored foundation
system in accordance with the provisions of KCC 14.09.160(1)(b).
5. Recreational vehicles. Recreational vehicles placed on sites are
required to meet all applicable provisions of this code. If allowed by code,
recreational vehicles are required to either:
a. Be onsite for fewer than one hundred eighty (180) days;
b. Be fully licensed and ready for highway use, on its wheels or
jacking system, attached to the site only by quick disconnect type utilities
and security devices, and have no permanently attached additions; or
C. Meet the requirements of KCC 14.09.160(1) and the elevation
and anchoring requirements for manufactured homes.
6. Drainage around structures. Adequate drainage paths are required
around structures on slopes to guide waters around and away from
proposed structures.
7. Standards for AE and Ai-30 Zones with Base Flood Elevations but- ;Formatted:
atted;Mk
No F/oodways In areas with base flood elevations and a reculatory attedat,
11 at
floodway has not been designated no new construction substantial
203
improvements or other development including fill shall be permitted
within Zones 91-30 and AE on the community's FIRM unless it is
derionstrated that the cumulative effect of the proposed development,
when combined with all other existing and anticipated development will
not increase the water surface elevation of the base flood more than one
foot at any point within the community.
Sec. 14.09.175. Compensatory storage.
A. Except as provided in subsection (B) of this section, within the
mar �Te u �> f special flood hazard areas, the following
provisions apply:
1. Applicants shall provide onsite replacement of one hundred
(100) percent of the storage area lost to encroachments so that there is no
increase in flood levels during the occurrence of the base flood discharge.
Encroachments include fill, new construction, substantial improvements,
and other development. No net fill in the f-& way—ft=i�snecial flood
hazard area shall be allowed.
2. If an applicant seeks to provide offsite replacement of one
hundred (100) percent of the storage area lost to encroachments so that
there is no increase in flood levels during the occurrence of base flood
discharge, the applicant must submit certification by a registered
professional engineer or architect demonstrating that encroachments shall
not result in any increase in flood levels during the occurrence of the base
flood discharge, and the offsite replacement location must be located
within the same watershed that the encroachment is occurring.
204
3. If subsection (A)(1) or (2) of this section is satisfied, all new
construction and substantial improvements shall comply with all applicable
flood hazard reduction provisions of KCC 14.09.170.
B. Within the lower Mill Creek floodplain delineated on the Flood
Insurance Rate Map Panels 969, 1232, and 1251 as a floodway:
1. Applicants shall provide onsite replacement of one hundred
(100) percent of the storage area lost to encroachments so that there is no
increase in flood levels during the occurrence of the base flood discharge.
An alternative is to construct such that no net fill is placed onsite.
2. If an applicant seeks to provide offsite replacement of one
hundred (100) percent of the storage area lost to encroachments so that
there is no increase in flood levels during the occurrence of base flood
discharge, the applicant must submit certification by a registered
professional engineer or architect demonstrating that encroachments shall
not result in any increase in flood levels during the occurrence of the base
flood discharge, and the offsite replacement location must be located
within the same watershed that the encroachment is occurring.
3. If subsection (13)(1) or (2) of this section is satisfied, all
residential construction and substantial improvements shall comply with all
applicable flood hazard reduction provisions of KCC 14.09.170.
Sec. 14.09.180. Floodways. Within the floodway of the special
flood hazard areas-e€sp,& ia�- - , the following provisions apply:
1. Prohibit encroachments, including fill, new construction, substantial
improvements, and other development unless certification by a registered
professional engineer or architect is provided demonstrating through
hydrologic and hydraulic analyses performed in accordance with standard
205
engineering practice that encroachments shall not result in any increase in
flood levels during the occurrence of the base flood discharge.
2. Construction or reconstruction of residential structures is prohibited
within designated floodways, except for: repairs, reconstruction, or
improvements to a structure which do not increase the ground floor area;
and repairs, reconstruction, or improvements to a structure, the cost of
which does not exceed fifty (50) percent of the market value of the
structure either before the repair, reconstruction, or improvement is
started, or if the structure has been damaged, and is being restored,
before the damage occurred. Work done to correct existing violations of Formatted:No underline
state or local health sanitarti or safety code specifications which have
been identified by the local code enforcernent official and which are the
minimum necessary to assure safe living conditions stF�,V-ttrFes-4
work done to
structures identified as historic places shall not be included in the fifty (50)
percent determination.
3. Pro iects specifically designed for the enhancernent of fish habitat are Formatted:Font:Verdana,11 pt,Font color:
Auto
allowed within the floodwav when they have been designed to minimize
their impact on base flood elevations Keep any rise in the 100-year flood Formatted:Font:Verdana,11 at,Not Italic,
Font color:Auto
levels as close to ZerG aS practica y_pGSSlbe and dG not If7lpaCt anV Formatted:Font:Verdana,I I at,Font ccolor:
s. Auto insurable structure
Formatted:Font:Verdana,11 at,Font color:
Auto
43. If subsection (1) of this section is satisfied, all new construction and Formatted:Font color:Auto
substantial improvements shall comply with all applicable flood hazard
reduction provisions of KCC 14.09.170.
Sec. 14.09.190. Wetlands management. To the extent possible
adverse impacts to wetlands should be avoided as such:
206
1. Proposals for development within base floodplains shall be reviewed
by the depa tment of economic and community development k # ss
mar# �e far# vo-erhs-for their possible impacts
on wetlands located within the floodplain.
2. Development activities in or around wetlands shall not negatively
affect public safety, health, and welfare by disrupting the wetlands' ability
to reduce flood and storm drainage.
3. Assistance from the United States Army Corps of Engineers, W-State
Department of Ecology, or qualified professional as defined in KCC 11.06
shall be sought in identifying wetland areas.
Sec. 14.09.200. Standards for shallow flooding areas (AO
zones). Shallow flooding areas appear on FIRMS as AO zones with depth
designations. The base flood depths in these zones range from one (1) to
three (3) feet above ground where a clearly defined channel does not
exist, or where the path of flooding is unpredictable and where velocity
flow may be evident. Such flooding is usually characterized as sheet flow.
In these areas, the following provisions apply:
1. New construction and substantial improvements of residential
structures within AO zones shall have the lowest floor (including
basement) elevated above the highest grade adjacent to the building, one
(1) foot or more above the depth number specified on the FIRM (at least
two (2) feet if no depth number is specified).
2. New construction and substantial improvements or nonresidential
structures within AO zones shall either:
a. Have the lowest floor (including basement) elevated above
the highest adjacent grade of the building site, one (1) foot or more above
207
the depth number specified on the FIRM (at least two (2) feet if no depth
number is specified); or
b. Together with attendant utility and sanitary facilities, be
completely floodproofed to or above that level so that any space below
that level is watertight with walls substantially impermeable to the passage
of water and with structural components having the capability of resisting
hydrostatic and hydrodynamic loads and effects of buoyancy. If this
method is used, compliance shall be certified by a registered professional
engineer or architect as in KCC 14.09.170(2).
3. Require adequate drainage paths around structures on slopes
to guide floodwaters around and away from proposed structures.
Sec. 14.09.210 Appeals. The decision of the k-c- Formatted:Font color:Auto
Fk--director to approve condition or disapprove a permit or license in a Formatted:Font:Not Bold,Font color:Auto
Formatted:Justified,Space Before: 0 pt,
flood hazard area may be appealed to the land use hearing examiner. The Linespacing: 1.51ines
requested permit or license shall not be issued by a city department Formatted:Font:Not Bold,Font color:Au to
during the appeal period. The following procedures apply to appeals for
the decision of the department of ft wat he tf aFeconomic and
community development condition, or deny proposals within a flood Formatted:Font:Not Bold,Font color:Auto
hazard area-.
' Formatted:Font:(Default)Times New
Roman,10 pt,Font color:Auto,English(U.S.)
1. Written notice of appeal shall be filed with the department of 4 c Formatted:Normal
*ae . economic and community developlrient within fourteent-eR (1446)
days from the date of the decision which aggrieves the appealing party—An
appeal fee, as set by the city council (Ch.2.32.155). ^"• eFft y ` ,e dellaFS
{g2§} shall be paid at the time of filing the written appeal. The appeal will
not be accepted unless accompanied by full payment. Appeals must be
delivered to the public works department office by mail, personal delivery,
or received by fax before 4730 p.m. on the last business day of the appeal
[period.
208
2. All notices of appeal shall state in full the decision appealed and the
reasons why the appealed decision should be reversed or modified.
Appeals shall be in writing and contain the following information:
a) Appellant's name, address, and phone number:
b) Appellant's statement describing his or her standing to appeal:
c) Identification of the application which is the subiect of the Formatted:Indent:Left: 0.5",Hanging:
o.z5"
appeal;
d) Appellant's statement of grounds for appeal and the facts upon
which the appeal is based:
e) The relief souaht, including the specific nature and extent: and
f) A statement that the appellant has read the appeal and believes
the contents to be true, followed by the appellant's signature.
Formatted:Tab stops: 1.65",Left
3. All appeals so filed shall be heard by the hearing examiner and a
determination by the examiner,
='=_'-3 date =`the "_aF:-„and the hearing examiner shall render his or Formatted:Font:Verdana,11 pt
her decision in accordance with the requirements of Ch.;.32,KCC and Ch. Formatted:Font:Verdana,a pt
Formatted:Font:Verdana,11 pt
12.01 KCC. Formatted:Font:Verdana,11 pt
Formatted:Font:Verdana,11 pt
4. At least seven (7) days before the appeal hearing, the department
of public works will provide the hearing examiner, the appellant, and any
other person expressing written interest in the application or appeal a copy
of the decision which is being appealed.
5. In passing upon such applications, the hearing examiner shall
consider all technical evaluations, all relevant factors and standards, and
the criteria specified in this chapter and applicable state regulations.
6. The hearing examiner shall prepare a written report and decision
containing findings and conclusions which show how its decision
209
implements the purposes of this chapter and is consistent with the criteria,
standards, and limitations of this chapter.
7. The decision of the land use hearing examiner shall be final and
conclusive unless, within fourteen (14) calendar days from the date of the
hearing examiner's decision, an aggrieved party obtains a writ of certiorari
from superior court for the purpose of review of the action taken.
Sec. 14.09.220. Variances. Variances shall be completed in
accordance with those provisions identified in the city of Kent critical area
regulations found in KCC Title 11.
SECTION 2. - Corrections by City Clerk or Code Reviser. Upon
approval of the City Attorney, the City Clerk and the code reviser are
authorized to make necessary corrections to this ordinance, including the
correction of clerical errors; ordinance, section, or subsection numbering;
or references to other local, state or federal laws, codes, rules, or
regulations.
SECTION 3. - Severabilitv. If any one or more section, subsection,
or sentence of this ordinance is held to be unconstitutional or invalid, that
decision shall not affect the validity of the remaining portion of this
ordinance and that remaining portion shall maintain its full force and
effect.
SECTION 4. - Effective Date. This ordinance shall take effect and
be in force thirty (30) days after its passage and publication, as provided
by law.
SUZETTE COOKE, MAYOR
ATTEST:
210
RONALD F. MOORE, CITY CLERK
APPROVED AS TO FORM:
TOM BRUBAKER, CITY ATTORNEY
PASSED: day of 12015.
APPROVED: day of 12015.
PUBLISHED: day of 12015.
I hereby certify that this is a true copy of Ordinance No.
passed by the City Council of the City of Kent, Washington, and approved
by the Mayor of the City of Kent as hereon indicated.
(SEAL)
RONALD F. MOORE, CITY CLERK
a<m,.ea.o 4—ad--—14 09 d—
211
These are the substantive changes to the Critical Areas
Ordinance (KCC 11.06). and Flood Hazard Regulations (KCC
14.09). made before the Land Use and Planning Board
Workshop on February 9, 2015:
Changes to KCC 11.06
11.06.040.0
Educational and recreation activities that will not have a significant impact on the
critical area was added to the list of activities exempt from the provisions of the
code.
11.06.060.0
A new section was added to clarify how the City's regulations work in conjunction
with state and federal permitting:
"Compliance with the provisions of this chapter does not constitute compliance with
other federal, State, and local regulations and permit requirements that may be
required, including but not limited to the Washington Department of Fish and
Wildlife hydraulic project approval (HPA), Army Corps of Engineers Section 404
permits, Ecology Section 401 permits, and National Pollution Discharge Elimination
System (NPDES) permits. The applicant is responsible for complying with these
requirements, in addition to the processes established in this chapter."
11.06.070.13.2
Critical area report contents were defined with more detail to provide increased
guidance to applicants.
11.06.220
The definition for Critical Habitat, or critical wildlife habitat, or critical fish
and wildlife conservation area was deleted and replaced with Fish and Wildlife
Habitat Conservation Area in accordance with the WAC 365-190-130.
11.06.300
The definition for Fill/Fill material was updated to comply with the Army Corps of
Engineers' guidance.
11.06.550
A provision for Mitigation banking and In-lieu fee mitigation has been added to this
section. These option are recommended by the Washington State Department of
Ecology only when they are processed through a program certified in accordance
with applicable state and federal laws and authorized by the City, through
legislative action.
11.06.570.C.5
The minimum time limit on mitigation monitoring has been increased from 3 years
to 5 years to comply with Ecology guidance. A provision to reduce the monitoring
period, based on performance standards has also been added.
212
11.06.600.B.1
The Habitat scoring points have been changed to reflect the scoring system used by
the Washington State Department of Ecology. This new system only changes the
scoring to make it more accurate. It does not reflect changes to the categories of
wetlands.
11.06.600.0
Criteria for reduced buffer widths have been added to provide guidance to
applicants.
11.06.600.3
Trails constructed in a wetland buffer no longer have to been made of permeable
materials or have a maximum width of 8 feet. However, they must be designed to
minimize impact on the wetland system.
11.06.660.0
A list of preferred mitigation activities and their definitions have been added to the
code to represent preferred actions based on best available science.
11.06.670
The stream inventory map has been updated to reflect the annexation of the
Panther Lake Area, and new information acquired since the last stream inventory
update.
11.06.680.F
Trails constructed in a stream buffer no longer have to been made of permeable
materials or have a maximum width of 8 feet. However, they must be designed to
minimize impact on the stream system.
11.06.680.I
The minimum time limit on buffer restoration monitoring has been increased from 3
years to 5 years to comply with best available science.
11.06.720
Criteria for determining wildlife habitat area buffer widths have been added to
provide guidance to applicants and ensure that consistent reports are submitted to
the department of economic and community development.
11.06.730
Provisions to specifically protect Blue Heron rookeries have been added to this
section to comply with guidance from the Washington Department of Fish and
Wildlife Management. Anadromous fish habitat was also included to reflect the 1995
amendment to the Growth Management Act that asserts cities must make special
considerations for salmonid species.
11.06.750.A.3
The previous factor for determining buffer width stated, "The type and intensity of
the proposed land use". This has been changed to reflect updated science findings
after the Oso and Whidbey landslides to include, "The type and intensity of the
213
proposed land use that either may impact the geologic hazard or be impacted by
the geologic hazard".
Changes to KCC 14.09
14.09.180.3
This section was added to allow for fish habitat enhancement projects in a manner
that complies with FEMA guidance.
14.09.210
The procedures for appealing the approval/disapproval decisions of the department
were clarified in this section. These changes should help standardize the process.
These are the substantive changes to the Critical Areas
Ordinance (KCC 11.06). and Flood Hazard Regulations (KCC
14.09). since the Land Use and Planning Board Workshop on
February 9, 2015:
Changes to KCC 11.06
11.06.235
The definition of Department has been changed from Public Works Department to
Economic and Community Development Department to transfer responsibility of
code administration to ECD.
11.06.240
The definition of Director has been changed from Public Works Director to
Economic and Community Development Director to transfer responsibility of code
administration to ECD.
11.06.345
The definition of Hydrologically Islolated Wetland has been replaced with a
definition of Isolated Wetlands to reduce confusion between federal and state
definitions and regulatory responsibilities.
11.06.387
Natural Heritage Wetlands definition has been replaced with a definition for
Wetlands of High Conservation Value for consistency with State guidance.
11.06.600.E.1.d — Buffer Averaging
The existing language is:
At no point shall the buffer width be reduced by more than fifty (50) percent of the
standard buffer or be less than twenty-five (25) feet.
This has been changed to:
At no point shall the buffer width be reduced by more than twenty five (25) percent
of the standard buffer or be less than twenty-five (25) feet.
214
Best available science does not to allow for the reductions of buffer widths greater
than 25%, through buffer averaging.
11.06.620
This section has been deleted to eliminate redundancy with other code sections.
11.06.620
The descriptions of possible mitigation ratios have been converted to a table for
ease of use by applicants and staff.
11.06.680.E
This provision has been changed from Buffer Averaging to Buffer reduction
with enhancement because stream buffer averaging is not supported by best
available science. In addition, the allowance to reduce stream buffer widths by
500/b has been changed to 25%. The reduction of stream buffers by 50% is not
supported by best available science to protect the functions and values of stream
habitat.
Changes to KCC 14.09
14.09
Flood Insurance Administration was updated to Federal Emergency Management
Agency (FEMA)
14.09.010.I
The definition for Development was changed to include the "subdivision of land,
removal of substantial amounts of vegetation, or alteration of natural site
characteristics"
14.09.010.3
The definition for Director has been updated to mean the director of Economic and
Community Development to transfer responsibility of code administration to ECD.
14.09.010.W
The definition of No Net Fill has been changed to include a requirement that "The
area from which the soil is removed must be able to drain completely into the
adjoining watercourse following a flood." to be compliant with FEMA guidance.
14.09.170.7
An additional provision titled: Standards for AE and Al-30 Zones with Base
Flood Elevations but No Floodways was added to the section on Specific
Standards. It now reads:
In areas with base flood elevations, and a regulatory floodway has not been
designated, no new construction, substantial improvements, or other
development including fill shall be permitted within Zones Al-30 and AE on
the community's FIRM, unless it is demonstrated that the cumulative effect
of the proposed development, when combined with all other existing and
anticipated development, will not increase the water surface elevation of the
base flood more than one foot at any point within the community.
215
Although the city is not aware of any streams within Kent that have an AE and no
floodway, this changed was added because it is standard National Flood Insurance
Protection language and a FEMA requirement.
216
217
ECONOMIC & COMMUNITY DEVELOPMENT
Ben Wolters, Director
PLANNING SERVICES
Charlene Anderson, AICP, Planning Manager
® Phone: 253-856-5454
y� Fax: 253-856-6454
ENT
WASHINGTON 220 Fourth Avenue S.
Kent, WA 98032-5895
ADDENDUM TO CITY OF KENT COMPREHENSIVE PLAN REVIEW AND
MIDWAY SUBAREA PLANNED ACTION ENVIRONMENTAL IMPACT
STATEMENT (EIS) (#ENV-2010-3) AND CITY OF KENT DOWNTOWN
SUBAREA ACTION PLAN PLANNED ACTION SUPPLEMENTAL
ENVIRONMENTAL IMPACT STATEMENT (SEIS) (#ENV-2012-30)
KENT CITY CODE AMENDMENTS — CRITICAL AREAS AND FLOOD
HAZARD REGULATIONS
ZCA-2015-2 / RPP6-2150928
Responsible Official: Charlene Anderson, AICP
I. SCOPE
The City of Kent Public Works Department proposes a non-project action that
includes amendments to Kent City Code (KCC) Chapters 11.06 Critical Areas
and 14.09 Flood Hazard Regulations. Changes to these chapters give effect
to the Kent Comprehensive Plan (Plan) by updating the critical areas code
and flood hazard regulations to comply with best available science.
The City of Kent Comprehensive Plan Review and Midway Subarea Planned
Action EIS evaluated alternative growth strategies at a programmatic level
for the Kent Planning Area (City limits and Potential Annexation Area). The
EIS refreshed the environmental review conducted for the City's
Comprehensive Plan and analyzed additional growth that would be focused in
Downtown, the Midway Subarea, and five potential Activity Centers. The
Supplemental EIS for the Downtown Subarea Action Plan Planned Action
(Draft issued June, 2013 and Final issued October, 2013) evaluated the
growth potential for the expanded Downtown study area as well as a lesser
level of growth in the Midway Subarea. Both documents addressed the
adequacy of the critical areas regulations in mitigating adverse impacts of
growth.
II. SEPA COMPLIANCE
On February 13, 2010, the City of Kent issued a Determination of
Significance (DS) and Notice of Scoping for the City of Kent Comprehensive
Plan Review and Midway Subarea Planned Action (ENV-2010-3). The City
solicited public comment on the scope of the DEIS during the comment
period and on October 22, 2010 the City of Kent issued a Draft EIS. The Final
EIS was issued and distributed on September 1, 2011. No appeals to the EIS
were filed.
218
Addendum
Kent City Code Amendments — Critical Areas and Flood Hazard Regulations
ZCA-2015-2 / RPP6-2150928
In 2012, the City of Kent Downtown Subarea Action Plan Planned Action
Supplemental Environmental Impact Statement (SEIS) analyzed three
alternatives and evaluated several environmental elements associated with
the update to the Downtown Subarea Action Plan (DSAP) (ENV-2012-30),
The SEIS also evaluated a lower level of growth in the Midway area than was
evaluated in the City of Kent Comprehensive Plan Review and Midway
Subarea Planned Action EIS. The Draft SEIS was issued in June, 2013 and
the Final SEIS was issued in October, 2013. No appeals to the SEIS were
filed.
No additional significant adverse environmental impacts are identified for the
proposed amendments to Chapters 11.06 and 14.09; therefore an addendum
to the EIS/SEIS is appropriate,
III. STATEMENT OF CONSISTENCY
This proposal is a nonproject action pursuant to WAC 197.11. Future project
actions associated with the updates to Chapters 11.06 Critical Areas and
14.09 Flood Hazard Regulations are subject to and shall be consistent with
the following: Kent Comprehensive Plan, Kent City Code, Environmental
Policy, International Fire Code, International Building Code, the City of Kent
Design and Construction Standards, the City of Kent Surface Water Design
Manual, Public Works Standards and all other applicable laws and ordinances
in effect at the time a complete project permit application is filed.
IV. ENVIRONMENTAL REVIEW - SCOPE OF ADDENDUM
The City of Kent has followed the process of phased environmental review as
it undertakes actions to implement the Comprehensive Plan. The State
Environmental Policy Act (SEPA) and rules established for the act, WAC 197-
11, outline procedures for the use of existing environmental documents and
preparation of addenda to environmental decisions.
Nonproject Documents - An EIS prepared for a comprehensive plan,
development regulation, or other broad based policy document is considered
%non-project," or programmatic in nature (see WAC 197-11-704).
Phased Review - SEPA rules allow environmental review to be phased so that
review coincides with meaningful points in the planning and decision making
process, (WAC 197-11-060(5)). Future projects identified and associated
with implementation of the code amendments related to design standards
and permit processes may require individual and separate environmental
review, pursuant to SEPA. Such review will occur when a specific project is
identified.
Prior Environmental Documents - The City of Kent issued a Draft
Environmental Impact Statement (DEIS) for the City of Kent Comprehensive
Plan Review and Midway Subarea Planned Action on October 22, 2010 and a
Final EIS on September 1, 2011 (#ENV-2010-3). The Midway Subarea Plan,
Page 2 of 6
219
Addendum
Kent City Code Amendments — Critical Areas and Flood Hazard Regulations
ZCA-2015-2 / RPP6-2150928
Midway Design Guidelines, amendments to development regulations, Land
Use Plan and Zoning Districts Maps were adopted by the City Council on
December 13, 2011, The City of Kent issued a Draft Downtown Subarea
Action Plan Planned Action Supplemental Environmental Impact Statement
(SEIS) in June, 2013 and a Final SEIS in October, 2013 (ENV-2012-30). The
SEIS evaluated a lower level of growth in the Midway area than was
evaluated in the City of Kent Comprehensive Plan Review and Midway
Subarea Planned Action EIS.
The proposed amendments to Kent City Cade Chapters 11.06 and 14.09
relate to updated critical areas and flood hazard regulations. These
amendments are consistent with the City of Kent Comprehensive Plan Review
and Midway Subarea Planned Action EIS and the Downtown Subarea Action
Plan Planned Action Supplemental EIS.
Scope of Addendum - As outlined in the SEPA rules, the purpose of an
addendum is to provide environmental analysis with respect to the described
actions. This addendum regarding proposed code amendments to Kent City
Code Chapters 11.06 and 14.09 related to critical areas and flood hazard
regulations does not identify new significant adverse impacts or significantly
change the prior environmental analysis; therefore it is prudent to utilize the
addendum process as outlined in (WAC-197-11-600(4)(c)).
ENVIRONMENTAL ELEMENTS
All environmental elements are adequately addressed within the parameters
of existing codes and ordinances, as well as the City of Kent Comprehensive
Plan Review and Midway Subarea Planned Action EIS and the Downtown
Subarea Action Plan Planned Action Supplemental EIS, drafts and finals.
Furthermore, subsequent project actions would require compliance with SEPA
environmental policy which may include separate environmental checklists.
Projects will be analyzed for consistency with mitigating conditions identified
in the EIS and may require new mitigation based upon site-specific
conditions.
The amendments to Kent City Code Chapters 11.06 and 14.09 for critical
areas and flood hazard regulations implement goals and policies identified in
the Capital Facilities Elements of the City's Comprehensive Plan and Midway
Subarea Plan, as follows:
Comprehensive Plan
Goal CF-17:
Coordinate with individuals and organizations to create a long-term,
sustainable strategy for local and regional natural resource protection.
Policy CF-17.1: Continue to evaluate operating plans, programs, regulations,
and public facility designs to determine their effectiveness in contributing to the
conservation and recovery of species listed under the Endangered Species Act.
Page 3 of 6
220
Addendum
Kent City Code Amendments - Critical Areas and Flood Hazard Regulations
ZCA-2015-2 / RPP6-2150928
Policy CF-17.2: Continue to participate in regional and Water Resource
Inventory Area planning efforts to support the conservation of listed species.
Policy CF 17.3: Continue to participate in local and county wide flood control
efforts to support the repair and maintenance of flood control facilities.
Goal CF-18:
Support environmental quality in capital improvement programs,
implementation programs, and public facility designs to ensure that local land
use management and public service provision is consistent with the City's
overall natural resource goals.
Policy CF-18AL: Protect and enhance environmental quality via maintenance
of accurate and up-to-date environmental data associated with public services
and facilities.
Policy CF-18.9: Work cooperatively with tribal, federal, state and local
jurisdictions, as well as major stakeholders, to conserve and work towards
recovery of ESA listed threatened and endangered species.
Goal CF-19:
Protect and enhance natural resources for multiple benefits, including
recreation, fish and wildlife resources and habitat, flood protection, water
supply, and open space.
Policy CF-19.1: Maintain the quantity and quality of wetlands via current land
use regulation and review, and increase the quality and quantity of the City's
wetlands resource base via incentives and advance planning.
Policy CF-19.2: Protect wetlands not as isolated units, but as ecosystems,
and essential elements of watersheds. Base protection measures on wetland
functions and values, impact on water supply quality and quantity, and the
effects of on-site and off-site activities.
Policy CF-19.3: On a regular basis, evaluate the adequacy of the existing
public facilities operating plans, regulations and maintenance practices in
relation to goals for water resource and fisheries and wildlife resource
protection. When necessary, modify these plans, regulations and practices to
achieve resource protection goals.
Policy CF-19.5: Protect the quality and quantity of groundwater used for
water supply.
Policy CF-19.6: Update the City of Kent Critical Areas Maps as new
information about aquifer recharge areas and wellhead protection areas
becomes available.
Page 4 of 6
221
Addendum
Kent City Code Amendments — Critical Areas and Flood Hazard Regulations
ZCA-2015-2 / RPP6-2150928
Policy CF-19.7: In accordance with GMA regulations, update public facilities
operating plans and regulations to identify, protect, and preserve wildlife
species and areas of local significance.
Goal CF-20:
Ensure that public facilities development on lands adjacent to the shorelines of
the Green River are compatible with shoreline uses and resource values, and
support the goals and policies of the City of Kent's Shoreline Master Program.
Policy CF-20.1: Minimize the loss of vegetation with development and
operation of new public facilities. Continue to recognize the value of trees and
other vegetation in protecting water quality.
Goal CF-21:
Regulate development of public facilities in environmentally critical areas to
prevent harm, to protect public health and safety, to preserve remaining critical
areas, and enhance degraded critical areas in the City.
Policy CF-21.1: Encourage appropriate enhancement of existing
environmental features such as rivers, streams, creeks, and wetlands.
Policy CF-24: Establish site design criteria for allowing natural hydrological
systems to function with minimum or no modification.
Goal CF-27:
The City of Kent recognizes a clean water supply as a critical and finite resource
and will secure the health and safety of the customers through protection of
existing and future groundwater resources from contamination.
Goal LU-22:
Coordinate with appropriate individuals and entities to create a long-term,
sustainable relationship among local and regional natural resource protection
entities, for future growth and economic development, through enhancement of
wildlife, fisheries, and recreational opportunities; protection of cultural
resources; protection of water quality in wetlands, aquifers, lakes, streams, and
the Green River; provision of open space and screening to reduce impacts of
development; protection of environmentally sensitive areas to preserve life,
property, water quality and fish and wildlife habitat; and retention of the unique
character and sense of place provided by the City's natural features.
Policy LU-26.9: In accordance with GMA regulations, update critical areas
development regulations to identify, protect, and preserve wildlife species
and areas of local significance.
Goal LU-28:
Regulate development in environmentally critical areas to prevent harm, to
protect public health and safety, to preserve remaining critical areas, and
enhance degraded critical areas in the City.
Page 5 of 6
222
Addendum
Kent City Code Amendments — Critical Areas and Flood Hazard Regulations
ZCA-2015-2/ RPP6-2150928
Midway Subarea Plan
Policy MP&OS-1.5: Consider access to wetlands at South 272nd Street for
educational and passive recreational opportunities.
Policy MP&OS-2.4: Encourage natural drainage systems in public and
private development where feasible, as an alternative or offset to traditional
stormwater treatment and controls.
V. SUMMARY AND RECOMMENDATION
A. SUMMARY
Kent City Code section 11.03.510 identifies plans and policies from
which the City may draw substantive mitigation under the State
Environmental Policy Act. This nonproject action has been evaluated in
light of those substantive plans and policies as well as the overall
analysis completed for the City of Kent Comprehensive Plan Review
and Midway Subarea Planned Action EIS and Downtown Subarea
Action Plan Planned Action Supplemental EIS.
B. DECISION
The regulatory code amendments are consistent with the range, types
and magnitude of impacts and corresponding mitigation outlined in the
City of Kent Comprehensive Plan Review and Midway Subarea Planned
Action EIS and Downtown Subarea Action Plan Planned Action
Supplemental EIS. No new significant adverse environmental impacts
associated with adoption of the proposed amendments to Kent City
Code Chapters 11.06 Critical Areas and 14.09 Flood Hazard
Regulations have been identified.
Dated: April 7, 2015
Signature:
Charlene Anderson, AICP, SEPA Responsible Official
CA\ah\5;\Permit\Plan\ENV\2015\CAO_Ordl n an ce addend a m.dac
Page 6 of 6
223
ECONOMIC and COMMUNITY DEVELOPMENT
Ben Wolters, Director
PLANNING SERVICES DIVISION
Charlene Anderson, AICP, Manager
11Z ENT Phone: 253-856-5454
WP5111N010N
Fax: 253-856-6454
220 Fourth Avenue South
Kent, WA 98032-5895
April 6, 2015
TO: Chair Randall Smith and Land Use & Planning Board Members
FROM: Matthew Gilbert, AICP, Principal Planner
RE: Tree Preservation Code Update
For April 13, 2015 Workshop
SUMMARY: At the February 9th 2015 Economic and Community Development
Committee meeting, staff received direction to explore alternatives to the City's
existing tree retention standards. At the April 13th Land Use and Planning Board
workshop, staff will discuss the current code, as well as ideas for changes and a
proposed timeline for the update.
BACKGROUND: In 2007 the City Council adopted a number of new regulations
meant in-part to improve the look and feel of new single-family neighborhoods in
Kent. These changes were adopted by Ordinance 3830 and include new regulations
related to preserving existing trees within the new developments. The regulations
are codified in Kent City Code 15.08.240, which is attached. Planners have had
several opportunities to apply these standards during review of proposed
developments and have had many opportunities to ascertain strengths and
weaknesses, and areas where clarification and/or changes are needed. Updating
these regulations follows through on Council's strategic goal to 'Beautify Kent' with
objectives to 'Review and update city development standards' and 'Implement a
plan for private property beautification '.
Staff will be available at the April 13th workshop to discuss the proposed
amendments.
MG\ah\P:\Planning\LUPB\2015\Meeting Documents\4-13-15 Hearing Workshop\04132015_LUPB Workshop Tree
Preservation Update Staff Report.docx
Enc. KCC 15.08.240 Preservation of Trees
cc: Ben Wolters, Economic &Community Development Director
Charlene Anderson, AICP, Planning Manager
224
4/6/2015 Kern City Code
225
16.0B.240Preservation of trees. «-s"nRe—�
............__................._._......_._...._.........._...._........................................................-......_......._.._..._......................_..........._._..._....................... ........................_...................-...............__...............
A. Purpose. Retention of significant trees as required by this section is necessary to maintain and protect property
values, to enhance the visual appearance of the city, to preserve the natural wooded character of the area, to promote
utilization of natural systems, to reduce the impacts of development on the storm drainage system, and to provide a
transition between various land uses in the city.
B. Regu/ations.Application of regulations for the preservation of significant trees is as follows:
1. On all undeveloped property in the city, all trees of a six (6) inch caliper or greater shall be retained on the
property where they are growing.
2.Where it is not feasible to retain all trees on the site due to the proposed development, a site specific treeplan,
drawn to scale, shall be prepared. The treeplan shall indicate the species of treeand precise location of all treesof
a six (6) inch caliper or greater on the site in relation to proposed buildings, streets, parking areas, storm drainage
facilities, and utilities. Trees to be retained pursuant to this section shall be marked by encircling the treewith a
stripe of nontoxic paint of a color and type sufficient to remain visible during onsite construction activity. Trees to
be retained shall be protected during construction, and the dripline shall be delineated with boundary markers.
No grade changes or storage of materials shall be allowed within thetree dripline. Drainage patterns shall not be
significantly altered that may be detrimental to the subject trees.
3. The tree plan and photograph of the trees on the property shall be submitted to the city planning services
division for its review prior to the issuance of a zoning orbuilding permit.
4.The planning services division shall review thetree plan in relation to the proposed development and make a
determination of which trees will be permitted to be removed.
5. The planning services division may cause a modification of thedevelopment planto ensure the retention of the
maximum number of trees. Should the applicant elect to alter thedevelopment planin order to preserve special
trees or wooded areas in a natural state, the planning manager may waive specific requirements to allow for
flexibility and innovation of design.
6. There shall be no clear-cutting oftrees of a six(6) inch diameter or greater onundeveloped land for the purpose
of preparing that site for future development.
C. Applicability. The requirements of this section shall be imposed in conjunction with approval of subdivisions, short
subdivisions, planned unit developments, development ofundeveloped land, and/or when a change in the area devoted
to parking and circulation is required by the Kent City Code. However, this section does not apply to a permit for
asingle-family dwelling, unless restrictions on the removal of significant trees on individual single-familylots have been
imposed through prior city approval.
D. Required Review The city planning services division shall review the proposed removal of significanttrees with each
application within the applicability of this section.
E. Retention of significant trees.
1. Perimeterlandscaping area.In the required perimeter]andscaping areas, asset forth in Ch.15.07 KCC, the
applicant shall retain all significant treeswhich will not constitute a safety hazard.Areas devoted to access and
sight distance, and areas to be cleared for required roads, utilities, sidewalks, trails, or storm drainage
datalexVhtm1;charset=utf-8,%3Ch30/.20dass%3D%22Cito%Z2%201d%3D%2216.06.240%22%20styre%3D%22text-rendering%3A0/o20optimizelegiUIity%3B%... 1/3
4/6/2015 Kent City Code
improvements are exempt from this requirement. 226
2. Site interior.
a. In areas of the site other than the required perimeter landscape area, the applicant shall retain a minimum
fifteen (15) percent of the diameter inches of the significanttrees existindin this area; provided, that alder and
cottonwoodtrees diameter inches shall be discounted by a factor of one-half(1/2). In applying the requirement
for retention of significanttrees, the planning manager shall consider a priority the preservation of the following
types of significanttrees:
(1) Healthy significanttrees over sixty (60) feet in height;
(2) Sig nificanttreeswhich form a continuouscano ;
(3) Sig nifica nttreeswhich contribute to the character of the environment, and do not constitute a safety
hazard;
(4) Significanttreeswhich provide winter wind protection or summer shade;
(5) Groups of significanttreeswhich create a distinctive skyline feature; and
(6) Significanttrees in areas of steep slopes or adjacent to watercourses or wetlands.
b.The planning manager may approve retention oftrees which do not meet the definition of significanttrees as
a contribution toward the sum of the diameter inches required under subsection (E)(2)(a) of this section if a
group of treesand its associated undergrowth can be preserved.
3. Exemption. The provisions of this subsection which require retention of significant treesare not applicable in any
downtown land use district.
4. Reduced parking bonus. If the proposed landscape plan incorporates the retention of significant treesabove that
required by this section, the planning manager may approve a reduction of up to ten (10) percent of the required
number of parking spaces if adequate parking will remain on the subject property, and if land area for the required
number of spaces remains available for future development on the subject property.
F. Alternative treeretention option.
1.An applicant may request a modification of thetree retention requirements set forth in subsection (E) of this
section.
2. The planning manager may approve a modification of the perimeter or interior treeretention requirements if:
a. The modification is consistent with the stated purpose of this section; and
b. The modification proposal either:
(1) Incorporates the retention of sign ifcanttreesequal in equivalent diameter inches or incorporates the
increased retention of significanttrees and naturally occurring undergrowth beyond what would otherwise
be required, or
(2) Incorporates the retention of other natural vegetation in consolidated locations which promotes the
natural vegetated character of the site and neighborhood includinguse as pasture land or foragricultural
data:texUhtml;charset=utf-B,%3Ch3/20class%3D%22Cite%22%20td%3D/2215.06240 h22%20style/3D%22text-rendering%34°%o20optimizelegibility%3B/... 2!3
4/6/2015 Kent City Code
uses. 227
3. Where a modification proposal includes supplemental or replacement treesin lieu of retention, the applicant
shall utilize plant materials from the city's list of plants for the Pacific Northwest.
G. Replacement of removed or damagedtrees. Trees removed illegally fromundevelooed land ortrees designated for
retention which are damaged or destroyed shall be replaced as follows:
1. One (1) existingtree at a six (6) inch diameter shall be replaced by two (2) new trees.
2. For each additional three (3) inches of diameter, one (1) new replacement treeshall be added, up to a maximum
of six (6) trees.
3. Replacement deciduous treesshall be at least two (2) inches in diameter at the time of planting.An evergreen
shall be at least six (6) to eight (8) feet in height.
(Ord. No. 2452, § 1; Ord. No. 2932, §2, 7-17-90; Ord. No. 3830, § 19, 3-6-07)
Cross reference(s)—Street trees, ch. 6.10.
data:textlhtml;charset=utf-8,%3Ch3%20class%3D%22Cite%22%20id%3D%2215.08.240%22%20style%3D%22text-rendering%34%20optlmizelegibility%3B%... 3/3