Loading...
HomeMy WebLinkAboutCity Council Committees - Economic and Community Development - 05/11/2015 (3) Economic & Community Development Committee Agenda Councilmembers: Dennis Higgins - Jim Berrios - Bill Boyce, Chair May 11, 2015 5 P.M. Item Description ActionSpeaker(s) Time Page 1. Call to Order Bill Boyce 1 min 2. Roll Call Bill Boyce 1 min 3. Changes to the Agenda Bill Boyce 1 min 4. Approval of Minutes, YES Bill Boyce 2 min 1 dated March 9, 2015 5. High Capacity Transit Facilities YES Charlene Anderson 10 min 5 Code Amendment 6. Economic & Community Development NO Ben Wolters 10 min - Reorganization Information Only 7. Comprehensive Plan Update Briefing NO Charlene Anderson 10 min 59 Information Only 8. Sound Transit Update NO Charlene Anderson 10 min 61 Information Only 9. Multi-Family Property Tax Abatement NO Ben Wolters 10 min 63 Incentive for Downtown Update Information Only 10. ShoWare Update NO Ben Wolters 5 min - Information Only 11. Economic Development Update Report NO Ben Wolters 5 min 71 Information Only Unless otherwise noted, the Economic & Community Development Committee meets at 5 p.m. on the second Monday of each month in Kent City Hall, Council Chambers East, 220 41h Ave S, Kent, 98032. For additional information please contact either Julie Pulliam or Alixandria Lu at 253-856-5454. Any person requiring a disability accommodation should contact the City Clerk's Office at 253-856-5725 in advance. For TDD relay service call Washington Telecommunications Relay Service at 1-800-833-6388. `+✓' 1C E S T ECONOMIC &COMMUNITY DEVELOPMENT COMMITTEE MINUTES March 09, 2015 Committee Members Committee Chair Bill Boyce and Dennis Higgins present with Jim Berrios excused. Boyce called the meeting to order at 5:00 pm. 1. Call to Order 2. Roll Call 3. Changes to the Agenda 4. Approval of Minutes Higgins MOVED and Boyce SECONDED a Motion to Approve the Minutes of February 09, 2015. Motion PASSED 2-0. S. Stillwater Greens Neighborhood Council - Resolution Toni Azzola, Neighborhood Program Coordinator, gave an overview of the neighborhood program designed to foster communication among the residents and the city. There are currently 27 independent, nonprofit neighborhood councils within the program, all with the same goal to build and retain livability within their neighborhoods. Delaina Bochsler, Stillwater Greens Neighborhood Council President, stated that by joining the Neighborhood Program, the Stillwater Greens neighborhood will become more integrated with the city, more informed of current events and will benefit from the grant money available. Higgins MOVED and Boyce SECONDED a Motion to recommend Council adopt the resolution that recognizes the Stillwater Greens Neighborhood Council, supports its community building efforts, and confers all opportunities offered by the City's Neighborhood Program. Motion PASSED 2-0. 6. VanNess Feldman Consultant Service Agreement Kurt Hanson, Economic Manager, stated that the 2015 Van Ness Feldman contract will provide representation to secure congressional and executive branch lobbying efforts. The city often works with Ben McMakin who represents Van Ness to help secure buy-ins and votes in Washington D.C. for levy accreditation certification going forward. In the past the city used Van Ness Feldman for federal lobbying efforts for the Green River levy protection and to secure Federal transportation dollars. Based on federal transportation dollars in 2012, the contract was reduced from $96,000 to $56,000 in years 2013-2015. Higgins MOVED and Boyce SECONDED a Motion to authorize the Mayor to sign the Consultant Services Agreement with Van Ness Feldman, Attorneys at Law representing the City of Kent as our Federal Lobbyist, not to exceed $56,000.00, and to expire on December 31, 2015 subject to final terms and conditions acceptable to the City Attorney. Motion PASSED 2-0. 7. Genesis Marketing Consultant Services Agreement Hanson stated that the $30,000 Genesis Marketing contract is to ensure ongoing maintenance and management of the www.visitkent.com website created by the Lodging Tax Advisory Committee, and launched in January 2015. Hanson advised that there will be 2 frequent installations, new content, and revised content added to the website. Data such as "hits and visits" will be maintained and a quarterly report will be provided to the Lodging Tax Advisory Committee. The report will benefit the Hoteliers as it will highlight which areas on the website have paid off and which areas to focus on. Hanson stated that with this contract, the city will be introduced to social marketing through Facebook, Twitter, Google Plus, and Instag ram which will all feed into the www.vistkent.com website. Higgins MOVED and Boyce SECONDED a Motion to recommend Council authorize the Mayor to sign the Consultant Services Agreement with Genesis Marketing; not to exceed $30,000 and subject to final terms and conditions acceptable to the City Attorney. Motion PASSED 2-0. S. Countywide Planning Policies Charlene Anderson, Planning Manager, referenced page 193 of the Agenda Packet and spoke about ratification of the Greenhouse Gas reduction targets, measuring and reporting commitment. The proposal is to reduce greenhouse gases from 50% to 80% below 2007 levels by 2050. King County will monitor greenhouse gases and provide a report to the Growth Management Planning Council which will help determine if Greenhouse Gas Reduction measures are effective. Anderson referenced the Resolution on page 202, #C, which recognizes that although the city supports the new reduction target, there is uncertainty about whether or not the existing reduction target can be met. Anderson also spoke about ratification of the Buildable Lands Report which concludes there is sufficient urban land capacity to accommodate the projected growth to 2031. All cities contributed to that analysis. Higgins MOVED and Boyce SECONDED a Motion to recommend to the full Council: 1) Approval of the 2014 King County Buildable Lands Report in accordance with RCW 36.70A.215 2) Ratification of amendments to the King County Countywide Planning Policies (CPPs) to define countywide greenhouse gas reduction targets and establish greenhouse gas measurement and reporting commitments. Motion PASSED 2-0. 9. Zoning Code Amendments — High Capacity Transit Facilities Anderson stated that staff borrowed language from the City of SeaTac code and made adjustments in drafting high capacity transit (HCT) facilities process and design standards which would be used for the light rail facilities in Midway. The proposed code amendments require a local design theme, transportation connections, pedestrian orientation, weather protection, amenities, architectural features for elevated structures, parking, and signage, as well as address flexibility provided through a development agreement. Anderson mentioned the code amendments would require a pedestrian overpass on Pacific (PAC) Highway South based on over 30,000 daily trips. Anderson stated that the city would also work with Sound Transit (ST) on 2361h Street road improvements and there could be flexibility provided through a development agreement. Anderson confirmed that ST would need a permit before building an at-grade crossing. Anderson stated that the code amendments will go to the Land Use and Planning Board as a workshop item tonight, March 9, 2015. Information Only 10. Sound Transit Update Anderson referenced the update on page 241 of the Agenda Packet and stated that ST continues to communicate with the public by holding meetings with property owners ECDC Minutes March 9, 2015 Page 2 of 3 3 potentially affected by one of the light rail options. Anderson advised that ST has a policy to help with relocation for tenants and property owners. Anderson stated that the Draft Environmental Impact Statement (DEIS) is scheduled to be released at the end of March or early April with a public hearing scheduled for late April. ST is researching permit requirements for the borings to prepare to move forward with the final EIS. Information Only 11. ShoWare Update and Economic Development Update Report Hanson gave an overview of ShoWare's level of activity, stating that from May-July there are 45 upcoming event days, including a military swearing-in, 17 graduation ceremonies, a local dance studio recital, a Hispanic concert, the Kent High School IT Fair, Promise Keepers event, Hello Kitty event, Sesame Street Live event, a 5-day roller derby tournament, Staying Alive tribute to the Bee Gees, and a flat track motorcycle racing event. Hanson advised that all these events not only will be incorporated into the www.visitkent.com website but will also be tied to the social media and marketing campaign being introduced this summer. Hanson spoke about the opportunity for local businesses to bring in clients and promote their name through Kent and the ShoWare facility. He also mentioned a restoration studio on I" Avenue and the possibility of a weekend warehouse sale with McKinnon Furniture Showroom. Hanson is currently working with a site selector who represents an advance manufacturing firm looking at 3 potential sites in Kent. Hanson stated that the Kidder Matthews Commercial Real Estate firm provided a quarterly report that shows the Kent Valley industrial market vacancy rate at 31/2%. During this time last year, the vacancy rate was at 61/2%. Hanson congratulated REI Headquarters as REI placed number 58 on Fortune Magazine's 100 Best Companies to work for. Hanson stated that the FAA award date is set for March 30 and if Kent does not win, Plan B will launch on April l" Information Only Adiournment Chair Boyce adjourned the meeting at 5:45 p.m. Alixandria Lu, Secretary, Economic & Community Development Committee alt P:tPlanningtECDCt2015tMinutest3-9-15_Min.docx ECDC Minutes March 9, 2015 Page 3 of 3 4 5 ECONOMIC and COMMUNITY DEVELOPMENT Ben Wolters, Director +� PLANNING SERVICES DIVISION Charlene Anderson, AICP, Manager Phone: 253-856-5454 Fax: 253-856-6454 220 Fourth Avenue South Kent, WA 98032-5895 May 7, 2015 TO: Chair Bill Boyce and Economic & Community Development Committee FROM: Charlene Anderson, AICP, Planning Manager RE: Zoning Code Amendments - High Capacity Transit Facilities For May 11, 2015 Meeting MOTION: Recommend to the full 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: After holding a public hearing on April 1311h, the Land Use & Planning Board recommended approval of an ordinance related to process and design standards for high capacity transit (HCT) facilities. 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. Staff briefed the Committee on the issue at the March 91h meeting. 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. The ordinance also provides for weather protection, amenities at stations and associated parking facilities, clarifies that surface parking areas shall be temporary, and includes provisions in the development agreement pertaining to maintenance, dispute resolution and monitoring. Staff will be available at the May 111h meeting to answer questions. CA\pm :S:\Permit\Plan\ZONING_CODE_AMENDMENTS\2015\ZCA-2015-1 HighC pTmns Facilities\ECDC\05112015_ECDC_Memo.rtf.docx End Ordinance;SEPA Addendum cc: Ben Wolters,Economic&Community Development Director Charlene Anderson,AICP,Planning Manager Project Hie"Mist" 6 7 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 8 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 9 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 3 High Capacity Transit Facility Ordinance Amending Title 15, KCC 10 Environmental Impact Statement (SEIS) was issued on June 21, 2013. The Draft SEIS was considered during a public hearing on the Downtown 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. 4 High Capacity Transit Facility Ordinance Amending Title 15, KCC 11 S. The Economic and Community Development Committee was presented with a briefing on the proposed Zoning Code amendments at its 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 Chapter. 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; 5 High Capacity Transit Facility Ordinance Amending Title 15, KCC 12 D. Incorporation of pedestrian-oriented furnishings and a variety of public spaces; E. Adequate buffers between different types of land uses; and 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. 6 High Capacity Transit Facility Ordinance Amending Title 15, KCC 13 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. 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: 7 High Capacity Transit Facility Ordinance Amending Title 15, KCC 14 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. 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. 8 High Capacity Transit Facility Ordinance Amending Title 15, KCC 15 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. 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. 9 High Capacity Transit Facility Ordinance Amending Title 15, KCC 16 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. 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 and storage lockers 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. 10 High Capacity Transit Facility Ordinance Amending Title 15, KCC 17 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 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. 11 High Capacity Transit Facility Ordinance Amending Title 15, KCC 18 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. 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, bike tracks, 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. 12 High Capacity Transit Facility Ordinance Amending Title 15, KCC 19 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; 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. 13 High Capacity Transit Facility Ordinance Amending Title 15, KCC 20 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. 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 14 High Capacity Transit Facility Ordinance Amending Title 15, KCC 21 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, 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. 15 High Capacity Transit Facility Ordinance Amending Title 15, KCC 22 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. 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 16 High Capacity Transit Facility Ordinance Amending Title 15, KCC 23 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 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. 17 High Capacity Transit Facility Ordinance Amending Title 15, KCC 24 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: 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; 18 High Capacity Transit Facility Ordinance Amending Title 15, KCC 25 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. 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. 19 High Capacity Transit Facility Ordinance Amending Title 15, KCC 26 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, bicycle and pedestrian access improvements within a comfortable biking and walking distance of each city HCT station. Fifteen hundred feet is considered a "comfortable walking distance;" six thousand feet is considered a "comfortable biking distance;" however, the actual distance could be greater or lesser depending on surrounding features. 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. 20 High Capacity Transit Facility Ordinance Amending Title 15, KCC 27 2. Station area street improvements shall include sidewalks, bike lanes or paths, 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. 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. 21 High Capacity Transit Facility Ordinance Amending Title 15, KCC 28 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; 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; 22 High Capacity Transit Facility Ordinance Amending Title 15, KCC 29 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. 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, 23 High Capacity Transit Facility Ordinance Amending Title 15, KCC 30 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 adjacent sidewalks, pedestrian paths, or bikeways. Publicly accessible courtyard designs shall conform to the following standards: 24 High Capacity Transit Facility Ordinance Amending Title 15, KCC 31 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: 1. Plaza, courtyard, or pocket park. Publicly accessible open space a minimum of two hundred square feet that is adjacent to a 25 High Capacity Transit Facility Ordinance Amending Title 15, KCC 32 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. C. Focal point for plazas, courtyards and pocket parks. In addition to seating, publicly accessible plazas, courtyards, and pocket parks should 26 High Capacity Transit Facility Ordinance Amending Title 15, KCC 33 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 27 High Capacity Transit Facility Ordinance Amending Title 15, KCC 34 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. 28 High Capacity Transit Facility Ordinance Amending Title 15, KCC 35 Zoning Districts Key P= Principally Permitted Uses S— Special Uses C= Conditiona I Uses A= Accessory Uses M M A- A S S R- S S M R- R- M M M M N C D D M M M C C G M M M M M G 1 R- R- R- R- R- T T R- R- R- H C C TC TC C M M O 1- w 0 G 1 3 5' 6 8 D 1 1 G M H P C G G E -1 -2 R -1 -2 C A 1 C 2 3 C 2 6 Commerci C C C C C al parking lots or structures Transporta 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 P C Lion and transit t1 t1 t1 U U t1 U U U U U U U U t1 t1 t1 t1 U U U U U t1 t1 t1 U U U (6 U facilities„ irx:Ws uM I-A ty c -,Itity L L transit 21 ll f3u:ilitie s Railway 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 transporta lion facilities: Electrical substation s, pumping or regulating 29 High Capacity Transit Facility Ordinance Amending Title 15, KCC 36 Zoning Districts Key P= Principally Permitted Uses S— Special Uses C= Conditiona I Uses A= Accessory Uses M M A- A S S R_ S S M R- R- M M M M N C D D M M M C C G M M M M M C 1 R- R- R- R- R- T T R- R- R- H C C TC TC C M M O 1- w 0 C 1 3 5' 6 8 D 1 1 G M H P C C C E -1 -2 R -1 -2 C A 1 C 2 3 C 2 6 devices for the transmissi on of water, gas, steam, petroleum, 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: Firehouses ,police stations, libraries, and administra give offices of governme ntal agencies, primary and secondary schools, vocational schools, and colleges 30 High Capacity Transit Facility Ordinance Amending Title 15, KCC 37 Zoning Districts Key P= Principally Permitted Uses S— Special Uses C= Conditiona I Uses A= Accessory Uses M M A- A S S R_ S S M R- R- M M M M N C D D M M M C C G M M M M M C 1 R- R- R- R- R- T T R- R- R- H C C TC TC C M M O 1- W 0 C 1 3 5' 6 8 D 1 1 G M H P C C C E -1 -2 R -1 -2 C A 1 C 2 3 C 2 6 Accessory 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 7 customaril ( y appurtena nt to a permitted U. Wireless P P P P P P P P P P P P P P P P P P P telecomm unications (2 (2 (2 (2 (2 (2 (1 (1 (1 (1 (1 (1 (2 (1 (1 (1 (1 (1 (1 facility ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) (W F)by administra give (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 (8 (8 (8 (8 (8 (8 (8 (8 (5 (5 (5 (8 (5 (4 (4 (4 (4 (4 (4 (5 (4 (4 (4 (4 (4 (4 facility ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) (W F)by conditional (3 (3 (3 (3 (3 (3 (3 (3 (3 (3 (3 (3 (3 (3 (3 (3 (3 (3 (3 use permit ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) 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 A A charging station (9 (9 (9 (9 (9 (9 (9 (9 (9 (9 (9 (9 (9 (9 (9 (9 (9 (9 (9 (9 (9 (9 (9 (9 (9 (9 (9 (9 (9 (9 (9 31 High Capacity Transit Facility Ordinance Amending Title 15, KCC 38 Zoning Districts Key P= Principally Permitted Uses S— Special Uses C= Conditiona I Uses A= Accessory Uses M M A- A S S R_ S S M R- R- M M M M N C D D M M M C C G M M M M M C 1 R- R- R- R- R- T T R- R- R- H C C TC TC C M M O 1- W 0 C 1 3 5' 6 8 D 1 1 G M H P C C C E -1 -2 R -1 -2 C A 1 C 2 3 C 2 6 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) 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 charging station (1 (1 (1 (1 (1 (1 (1 (1 (1 (1 (1 (1 (1 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 feet or less for a single user and up to one hundred twenty (4-20}-feet for two or more users. 32 High Capacity Transit Facility Ordinance Amending Title 15, KCC 39 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- feet for a single user or one hundred twenty {4-20}-feet for two 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. 8. 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 for high �ca�acity transit facilities that cross multiple zoning districts. No other transportation and transit facilities are allowed in the MHP zoning district. 33 High Capacity Transit Facility Ordinance Amending Title 15, KCC 40 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 36.7013.170 through 36.7013.210, 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 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. 34 .High Capacity Transit Facility Ordinance Amending Title 15, KCC 41 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. 8. 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 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. 35 High Capacity Transit Facility Ordinance Amending Title 15, KCC 42 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. 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. 8. Appropriate statutory authority exists for any involuntary obligation of the applicant to fund or provide services, infrastructure, 36 High Capacity Transit Facility Ordinance Amending Title 15, KCC 43 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 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 37 High Capacity Transit Facility Ordinance Amending Title 15, KCC 44 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; 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, 38 High Capacity Transit Facility Ordinance Amending Title 15, KCC 45 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; 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 39 High Capacity Transit Facility Ordinance Amending Title 15, KCC 46 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 {3�—years 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 15.08.450to RGW 36.70B.170 This agreennent shall ,geveffl, at a site plan, including: (1) vesting applicable to subsequent peffigits; (2) the n9anneF in which each phase of the development will PFOceed to enSuFe 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. 40 High Capacity Transit Facility Ordinance Amending Title 15, KCC 47 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 APPROVED AS TO FORM: TOM BRUBAKER, CITY ATTORNEY 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 FIAQvllAOlhlo3o[6AH19h CIpaoty Tanslt Fz hty.do- 41 High Capacity Transit Facility Ordinance Amending Title 15, KCC 48 49 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 50 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 51 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 52 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 53 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 54 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 55 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 56 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 57 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 58 59 ECONOMIC and COMMUNITY DEVELOPMENT Ben Wolters, Director PLANNING SERVICES DIVISION Charlene Anderson, AICP, Manager T kcw6 " Phone: 253-856-5454 Fax: 253-856-6454 220 Fourth Avenue South Kent, WA 98032-5895 May 4, 2015 TO: Chair Bill Boyce and Economic & Community Development Committee FROM: Charlene Anderson, AICP, Planning Manager RE: Comprehensive Plan Update Briefing For May 11 2015 Meeting MOTION: For Information Only SUMMARY: On April 271h, the Land Use & Planning Board held their first public hearing on the Comprehensive Plan update, including proposed amendments to the Land Use Plan Map, Zoning Districts Map, code and text amendments to the Comprehensive Plan and the Zoning Code. The second public hearing is scheduled for May 111h at 7 PM in the City Council Chambers. The Board is anticipating making a recommendation to the City Council at the May 111h meeting. BUDGET IMPACT: None BACKGROUND: The update to the Comprehensive Plan refreshes the current conditions and trends, integrates recent planning initiatives (e.g., healthy living, social equity, food policy, climate change) complies with state, regional and local mandates, and reformats the Plan. The Plan includes 10 elements or chapters, eight of which are required through the Growth Management Act; the City adds a Human Services Element and the Kent Profile and Vision chapter. Generally, staff is not recommending a significant deviation from existing policies. Recommendations incorporate the City Council's Strategic Goals, emphasize the creation of vibrant places, and require adequate funding to meet the needs for accommodating growth. The map amendments being recommended generally support mixed residential/commercial and mixed industrial/commercial areas. Four of the map amendments pertain to the 2014 docket: S 272nd Street/261h Avenue S., SE Kent Kangley Rd/1161h Avenue SE., S 222nd Street/881h Avenue S., and SR 5/S 2401h Street. The other map amendments propose to expand allowable commercial in industrial areas through 'make in back/sell in front,' expand Industrial Park/Commercial (M1-C) areas (W. Valley/S. 1961h Street; 72nd Avenue S./S. 2771h Street; 841h Avenue S./S. 2121h Street), change from Industrial to General Commercial-Mixed Use (south side of S. 1801h Street) or add limited commercial uses in the M1-C district. Furthermore, staff is recommending elimination of the Office and Office/Mixed Use, Industrial Agricultural, and Gateway Commercial Zoning Districts. Staff will be available at the May 111h meeting to answer questions about the update. CA\ah:S:\Permit\Plan\COM P_PL4N_AM ENDM ENTS\2011\CPA-2011-3_CPZ-2011- 1_Comp Plan Update\City_Counci I\ECDC\05112015_ECDC_Com p_Pla n_Memo.rtf.docx cc: Ben Wolters,Economic&Community Development Director Charlene Anderson,AICP,Planning Manager Project File"Mist" 60 61 ECONOMIC and COMMUNITY DEVELOPMENT Ben Wolters, Director PLANNING DIVISION y �� Charlene Anderson, AICP, Planning Manager r1 G IY ■ Phone: 253-856-5454 Fax: 253-856-6454 220 Fourth Avenue S. Kent, WA 98032-5895 May 5, 2015 TO: Chair Bill Boyce and Economic & Community Development Committee FROM: Charlene Anderson, AICP, Planning Manager RE: Sound Transit Update Meeting of May 11, 2015 MOTION: None Required — Information Only SUMMARY: Staff continues to update the Committee on Sound Transit's Federal Way Link Extension (FWLE), including a station in the Kent-Des Moines area. The Draft Environmental Impact Statement (DEIS) is out for public comment, which ends on May 261h. We encourage everyone to submit comments on this significant infrastructure investment in the Midway area. The Sound Transit Board is expected to select a preferred alternative in late June; that alternative will be analyzed in the Final EIS. BACKGROUND: At the March 23rd meeting of the FWLE Interagency Working Group, Sound Transit (ST) reviewed the timeline for the DEIS, the web site for the project (www.federalwavlink.ora) including the visual simulation, and the discussions with Kent, Des Moines and Highline College regarding a station location. Sound Transit is currently working with the State Department of Transportation on borings and subsequently will be working with other public and private property owners, anticipating permit approvals for the borings immediately after their Board selects a preferred alternative. CA:pm P:�Planning�South_Corridor�City_Council�05112015_ECDCMemo Update.doc cc: Ben Wolters, Economic&Community Development Director Charlene Anderson,AICP, Planning Manager David Galazin,Assistant City Attorney File 62 63 ECONOMIC and COMMUNITY DEVELOPMENT Ben Wolters, Director `1Z,���a PLANNING DIVISION ,K vrI, Charlene Anderson, AICP, Planning Manager M G M„r ,,>� k'8�19. Phone: 253-856-5454 Fax: 253-856-6454 220 Fourth Avenue S. Kent, WA 98032-5895 May 7, 2015 TO: Chair Bill Boyce and Economic & Community Development Committee FROM: Matt Gilbert, AICP, Principal Planner RE: Multifamily Tax Exemption Program For May 11 2015 Meeting MOTION: For Information Only SUMMARY: Kent's Multi-family Tax Exemption (MFTE) program is an incentive to encourage development of downtown housing. Members of the City Council have expressed interest in reexamining the criteria used to determine qualifying projects. The history, purpose and criteria associated with this program are discussed below. BUDGET IMPACT: None BACKGROUND: The MFTE program allows owners of qualified downtown multifamily projects to avoid paying some of the increased property taxes resulting from their development project. The general goal of this incentive program is to stimulate new construction of multifamily housing in downtown Kent. The program is made possible by an allowance in state law (ref. RCW 84.14) and was first adopted by Kent in 1998, expanded in 2009 and renewed in 2014. Property taxes are based on both the value of the land and the value of the improvements. Normally, when a new construction project is completed, the value of the new improvements results in a higher property tax for the owner. The MFTE exempts owners of qualifying projects from paying the additional taxes derived from the value of the new improvements for eight (8) years after the project is completed. The exemption is not applied to the land value. Once the exemption period expires, the owner resumes paying taxes, on the current value of the land plus improvements. To qualify for the tax exemption, a project must meet the requirements of the program as summarized below: • The project must be located within downtown Kent bordered generally by Titus Street, State Route 167, Willis Street, and Cloudy Street. • Any displaced tenants must be given adequate notification and assistance from the developer in finding alternative housing • The project must include at least thirty (30) units of new multifamily housing within a multi-story development. At least fifty (50) percent of the space within the project shall be intended for permanent residential occupancy. 64 • Construction must be completed within three (3) years from the date of approval of the application. • The project must comply with the city's comprehensive plan, construction and design codes, must be LEED@ certifiable or Built Green certified, and must also comply with any other standards and guidelines adopted by the city council for the residential targeted area. • Parking shall be located in structured parking garages, under buildings, or underground. • For buildings adjacent to a class A pedestrian street (such as Meeker Street), the first floor of the building facing the street shall consist of residential units, commercial uses, and/or residential amenity uses. • The project shall be a mixed use project, or part of a mixed use project. Staff will be available to discuss potential future amendments to the program and answer questions at the May 11, 2015 Committee meeting. MG:pm P:\Planning\ECDC\2015\Pckt Documents\5-11-15\5-7-15 MF Property Tax Abatement Memo.docx Enc: Ordinance 4111 cc: Ben Wolters, Economic &Community Development Director Charlene Anderson,AICP, Planning Manager 2 65 ORDINANCE NO. N ORDINANCE ANC of the City Council of the Cty of Kent, Washington, amending Chapter 3.25 of the Kent City Code, entitled "Multlfarilly Dwelling Tax Exemptions," amending the residential targeted area and extending the period for submission of applications for conditional certificates to June 30, 2l RECITALS A. Through its adoption of Ordinance No. 3922 on June 16, 2009, the Kent City CouncP am�ended the City's rnultifamily tax exemption program to adopt the further goa"s of creating a vibrant downtown to serve as a destination retain and ccamimunity gathering place, and to Invest in neighborhood li'valb0ity and development of neighborhood centers. B. The City adopted an update of the Downtown Subarea Action Plan ("D'SAP") on November 191, 2013, that encourages high-density, multifamily development in downtown. C. Th,e City also adopted a Pianred' Action Ordinance ("PAD") on December 10, 2013, that lricentivizes development -- including high- density residential development — in downtown by streamlining the environmental review process. 1 Multifamily dwelling tax exemptions Ordinance amending KCC 3.25 66 D. Ordinance No. 3922 established a sunset provision that prohibited the City frorn accepting any new applicatVis for cari certificates of acceptance of tax exemption under Chapter 3.25 of the Kent City Code after June 30, 2014. E. In order to implement the goals of the DSAP and the PAC, the City now desires to retain the property tax exemption incentive for multifamily residential development by extending the period for submission of applications for conditional certificates for an additional five (5) years, in addition to amending the definition of dw residential targeted area and map depictirg the area affected. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: QRDINANC SEM01M 4.. - AmendaTent. Section 3.2S.050 of the Kent City Code is amended as follows.� Sec. 3.25.020. Definitions, When used in this chapter, the following terms shall have the foflcwing meanings, unless the context indicates otherwise: .1. Administrator means the Kent ec!oromic development director or his/her designee, 2 14"Itifan2fly dwelling tax exemptions Ordinance anTending KCC 3.23 67 2. Mixed use means a multi-dory multifamily housing resit iai project with at least one (1 ) nonresidential use in one (1) or more multi- story muitifarriily housing buildings in the project,, such as retali, office, entertainment, schools, conference centers or a use approved in writing by the administrator. 3. Multifamily housing means one (1) or more new multi-story buildings deslgned for permanent residential occupancy, each avith four (4) or more dwelling units. 4, owner means the property owner of record. 5. Permanent residential occupancy means multifarnily housing that provides either rental or owner" accupanc,y on a nontransient basis. This includes owner-occupled or rental accommodation that is leased for a period of at Feast one (t) mon h. This excludes hotels and motels that predominately offer rental accommodation on a daily or weekly basis. 6. Residential targeted area means the geographic area of downtown Kent bordered ,genera,llny„„by Titres Street, State Route 167, Wlilis Street, and Cloudy Street, and only including zones that permit multifamily housing, See Appendix 1. for map, CA�t7Fii - Ameodm ot, Section 3,25.1,20 of the Kent City Code is amended as follows. Sec. 3,25.120. Sunset of exemption for applications for f conditional certificates. I i 3 Multifamily dwelling Pax exemptions Ordinance amending KCC 3.25 68 The city shall not accept rew applications for conditional certificates a provided in this chapter after June 30, 0-142,019., unless extended by cit council actlo�n. Incomplete applications for conditional certificates as o pane 30, -2 a1-42019, shall be returned to owners. (Notwithstanding the above, the city shall process (A) pending complete applications for conditional certificate and (B) applications for exkensiIon of the: conditiona certificate or final certificate received after Lune 30, x01:4 011119, as provide In this chapter. This chapter shall continue to apply to all properties tha have been or are issued a final certificate of tax exemption under thI chapter until expiration, termination, or cancellation of the tax exemption, Amendment - The reap contained) in Appendix. referenced in KCC 3.25.020 is hereby replaced) in Its entirety by the attached hereto as Appendix 1, 1 Se+sprp i tfy. If any one or more sectlon, subsection, or sentence of this ordinance is held to be a ncorstitutuernal or Invaiid, such decision shall not affect the vatl dity of the remaining portion of this ordinance and the same shall remain in full force and effect. '�N _Clerk Upon approval of the City Attorney, the City Cleric and the code reviser are authorized to make necessary corrections to this ordinance, including the correction or clerical errors; references to other local, state or federal laws, codes, rules, or regulationis or ordinance numbering and section/subsection numbering. 59Cj -- Datg. This ordinance shall take effect and i be in force thirty (30) days from and after its passage and publication asl provided by lawn. 4 Multifamily dwelling tax exemption Ordinance amending KCC 3.25 69 St12E, TE COKE, MAYOR k . ATTEST. rv��✓� rc /kO NALD F,,,MOORE, CITY CLERK .APPROVED AS TO FORM , A9 T� R F PATRICK, ACTING CITY ...,. ATTORNEY PASSED: d�.. day oaf m.. ��� —, 2014. APPROVED: � mm,:,.., day of , r,?,e.f 2014. PUBLISHED: day of rc ..... ....K 2014. I herebycertify that this is a true y copy of Ordinance No passed' by the 0ty Council of the City of Kent, Washington, and approved by the Mayor of the City of Kent as hereon indicated. ;ugW l RGNALP/P €~4Q RL, C CLERK j i @:'0VI A+9rti v,np.5Q,75 12I7 Multlfamtly Il7wr!0109 1'aw bnrri l9lWowu'.tl+1c i I Mulf1famllp dwelling fax exempHons Ordinance amending KCC 3.25 '' 70 Appendix I Residential Targeted Area o� GLOODY ST � 1 d> CLOUDY ST z p � r.nCOncic � ST .._' e y� q N L) q y ..._ _ m T al U�� . . �� ICJ [ C:l d1j PD A < n DEAN ST .... n ue �a r aw m mP m" 4 4 A� CROW T p1UN3ELl;+T C P Aclrns,L PIL Legend `n HosicicOalT 9cledRrg�a WATERMA T w co Tax Pamol ". CVffiRIQpN qt -:CC .w, I(FxT Cbvmlup tl�mvhnry Mdl Ytl4A Idn Rode '', ........._ .....,m v............... .......,....,.. .....e_...._ me .,.xxun,o- e�nwua.� 71 ECONOMIC and COMMUNITY DEVELOPMENT Ben Wolters, Director `1Z,��� ECONOMIC DEVELOPMENT DIVISION ,K�r)�NT Kurt Hanson, AICP, Economic Development Manager M G M„r ,,>� k'8�19. Phone: 253-856-5454 Fax: 253-856-6454 220 Fourth Avenue S. Kent, WA 98032-5895 May 7, 2015 TO: Chair Bill Boyce and Economic & Community Development Committee FROM: William Ellis, Economic Development Analyst RE: Maker Space & UAS Education-Partnering on a Testing/Prototyping Facility For May 11 2015 Meeting MOTION: Information Only SUMMARY: "Establish a Maker Space in the Kent Industrial Valley" is an action step of Kent's Economic Development Plan's Workforce Strategy (6.1.4). A maker space provides eased access to high tech equipment, a network of skilled individuals who can fulfill product orders for entrepreneurs, while offering local schools and colleges STEAM programming, equipment training and workforce development. Working closely with Puget Sound Regional Council, Green River College, Department of Commerce, Washington Manufacturing Advanced Training Institute, and SoDo Maker Space Kent staff are pursuing grant funding for a local maker space facility as part of an envisioned regional network. There are several buildings now under consideration in Kent, which has attracted interest from University of Washington's Applied Physics Laboratory (UW APL). Staff will meet with UW APL to see if efforts may converge in a single complex in Kent. BUDGET IMPACT: None BACKGROUND: After learning of Green River College's plans to create an Unmanned Aerial Systems degree—as well as Boeing's plans to significantly downsize their advanced research and development presence in Kent—ECD staff has worked towards a concept of utilizing the program to foster entrepreneurial activity amongst Kent Valley technologists. Combining the equipment and staffing of Green River's unmanned aerial systems (UAS) training and operations degree with the co-working and entrepreneurial services of SoDo Maker Space could attract engineers, technologists, and entrepreneurs in the Valley—including from Boeing— to experiment on hardware concepts and start ventures in Kent. Meanwhile, UW APL also needs an indoor testing facility for UAS. Originally targeted in City planning for years 5-10, given the strong regional interest from multiple entities staff believes there is an opportunity to establish a Kent facility in the next 5-10 months. RECOMMENDATION: None Staff will be available at the May 111h meeting to answer questions. BE:pm P:\P1anning\ECDC\2015\Pckt Documents\5-11-15\5-7-15 WRE ECDMemo_UAS.docx cc: Ben Wolters, Economic & Community Development Director Charlene Anderson, AICP, Planning Manager