HomeMy WebLinkAboutCity Council Committees - Land Use and Planning Board - 06/08/2015 (3) ECONOMIC and COMMUNITY DEVELOPMENT
Ben Wolters, Director
PLANNING DIVISION
ON T Charlene Anderson, AICP, Planning Manager
Phone: 253-856-5454
Fax: 253-856-6454
220 Fourth Avenue S.
Kent, WA 98032-5895
PUBLIC MEETING AND PUBLIC HEARING
AGENDA
LAND USE & PLANNING BOARD
JUNE 8, 2015
7:00 P.M.
LUPB MEMBERS: Randall Smith, Chair; Barbara Phillips, Vice Chair; Frank Cornelius; Navdeep
Gill; Katherine Jones; Jack Ottini and Binoy Varughese.
CITY STAFF: ECD-Planning Services: Charlene Anderson, AICP, Planning Manager. Public
Works: Todd Hunsdorfer, Conservation Coordinator. City Attorney: David Galazin, Civil
Attorney.
This is to notify you that the Land Use and Planning Board will hold a Public Meeting including a
Public Hearing on MONDAY, JUNE 8, 2015 at 7:00 p.m. The meeting and hearing will be
held in Kent City Hall, City Council Chambers, 220 Fourth Avenue S, Kent, WA. The public is
invited to attend and all interested persons will have an opportunity to speak at the public
hearing, provided, however, that comments shall be limited to only those items for which the
public hearing is being held. Any person wishing to submit oral or written comments on the
proposed amendments under consideration at the public hearing may do so at the hearing or
prior to the hearing by email to Charlene Anderson at: canderson(abkentwa.00v.
The agenda will include the following item(s):
1. Call to order
2. Roll call
3. Approval of the April 27, 2015 and May 11, 2015 Minutes
4. Added Items
5. Communications
6. Notice of Upcoming Meetings
7. PUBLIC HEARING:
ZCA-2015-2 CRITICAL AREAS ORDINANCE AND FLOOD HAZARD REGULATIONS
Proposed ordinance related to amendments of Chapters 11.06 Critical Areas and 14.09
Flood Hazard Regulations. - Todd Hunsdorfer
8. PUBLIC MEETING:
a. LAND USE PLAN & ZONING DISTRICT MAP AND TEXT AMENDMENTS
Land Use & Planning Board consideration of city-wide amendments of the Land Use
Plan Map and Zoning Districts Map; including four amendments proposed by private
parties in the 2014 Docket for properties located at S 272nd Street/26th Avenue S.,
SE Kent Kangley Rd/116th Avenue SE., S 222nd Street/88th Avenue S., and SR 5/S
240th Street. Also under consideration are amendments to Zoning Code regulations
related to definitions, allowed uses, development standards, and standards and
criteria for granting a request for rezone. - Charlene Anderson
b. COMPREHENSIVE PLAN UPDATE
Land Use & Planning Board consideration of an update to the Comprehensive Plan;
including amendments to the text, goals and policies; amendments to the Land Use
Plan Map and Zoning Districts Map considered under 8.a. will also update the
comprehensive plan. - Charlene Anderson
9. Adjournment
For documents pertaining to the Land Use and Planning Board, access the Citys website at:
http:Ilkentwa.iom2.com/citiZensIDefau/t.aspx?DepartmentlD=1004.
Any person requiring a disability accommodation should contact the City Clerk's Office in advance at (253) 856-5725. For
TTy/TDD service call the Washington Telecommunications Relay Service at (800) 833-6388. For general information, contact
Economic&Community Development Department, Planning Division at(253)856-5454.
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LAND USE AND PLANNING BOARD
MINUTES
KENT APRIL 27, 2015
1. Call to Order
Chair Smith called the meeting to order at 7:03 pm
2. Roll Call
• LUPB Members: Randall Smith, Chair; Barbara Phillips, Vice Chair, Frank
Cornelius, Navdeep Gill, Katherine Jones; Jack Ottini, and Binoy Varughese were
in attendance.
• City Staff: Charlene Anderson, Planning Manager; and David Galazin, Civil
Attorney were in attendance.
3. Approval Minutes
Chair Smith advised that the April 13, 2015 minutes were not available and will be
presented at the next meeting.
4. Added Items
David Galazin, City Attorney, gave recommendations to Members regarding Public
Hearing procedures.
S. Communications
Craig Preston, 20114 101 Ct SE. Question regarding timeline for consideration of
other items in the 2014 Docket report.
6. Notice of UDcomina Meetinas
None
7. Public Hearina
Chair Smith presented purpose and procedures of hearing and declared the first
Public Hearing open.
LAND USE PLAN & ZONING DISTRICT MAP AND TEXT AMENDMENTS
Charlene Anderson, Planning Manager, presented twenty-two (22) exhibits to be
entered into the record regarding map and text amendments.
Chair Smith asked for a Motion to admit the exhibits, Board Member Gill MOVED
and Board Member Cornelius SECONDED a Motion to admit the exhibits
presented into the record. Chair Smith called for a vote on the motion. MOTION
PASSED.
Anderson presented proposed amendments to the Land Use Plan and Zoning District
maps, and to the City code. The amendments presented included docket
applications approved by the City Council on November 18, 2014 to be considered
with the comprehensive plan update, and those proposed by Staff. The proposed
map changes include: 2526 S 272"' Street (DKT-2014-4); the northeast corner of
the intersection of 1161h Ave SE and Kent Kangley Rd (DKT-2014-6) ; 22202 and
Land Use& Planning Board Minutes
Page 1 of 4
April 27, 2015
2
22204 88 Avenue SE (DKT-2014-7); 3101 S. 240 Street and 24481 32 Avenue
South (DKT-2014-8); A-Expand commercial opportunities in strategic
locations in the Industrial area, including: intersection of West Valley
Highway/S. 196 Street (AI); S. 180 Street (south side) from 72 Avenue S. to Lind
Avenue (if extended) (A2); NE corner of intersection of 72 Avenue S. and S. 277th
Street (A3); East Valley Highway and S. 212 Street (A4); B-Eliminate certain
zoning districts, simplify, consolidate, including: Office and Office/Mixed
Use-East Hill North (BI.a); East Hill South (BI.b); East Hill East (BI.c); Valley South
(BIA); West Hill (BI.e); Industrial Agricultural-Valley West (B2.a); Valley North
(B2.b); Valley South (B2.c); B3-Gateway Commercial (GWC) zoning district. C-
Eliminate inconsistencies between the Comprehensive Plan Land Use Map
and Zoning Districts Map, including: Vista Landing (CI); Fern Crest (C2);
Megan's Meadow (C3); Maplewood Grove (C4); West Hill - 46 Avenue South (C5);
Bonel Mobile Manor (C6); Frager Road South Right of Way (C7); Central Avenue
South (C8); Scenic View Condos (C9); Earthworks Park (C10); 1161h Avenue SE and
SE 274 Way (CII); North Central Commercial (C12); and 1001h Avenue SE and SE
2401h Street (C13).
The proposed code amendments include the following: D.) Broaden allowed uses in
industrial zones to include supportive retail and commercial activities (accessory
sales; clarification of 25% gross floor area limits; remove grocery store size limit in
MI-C and allow industrial and personal vehicle accessory sales); E.) Standards of
Review - KCC 12.02.050 and KCC 15.09.050(C) and (D) (Allow speculative city-wide
rezone to MI-C); F.) Community Commercial-Mixed Use Code Amendments (Require
only 2% commercial on parcels 2 acres or less in size; require mixed use design
review); and G.) Secure Community Transition Facilities (Retain area where allowed
as Conditional Use Permit, despite change in zoning).
Anderson recommended approval of the amendments presented.
Chair Smith asked for testimony from the Public.
The following people spoke in opposition to B2.a - Valley West:
• Al Johnson, Executive Vice President of Recreational Adventures Company,
who operates the KOA Campground at 5801 S 212.
The following people spoke in opposition to B1.c - East Hill East:
• Richard McPherson, Managing Broker, McPherson Homes & Land,
Representing David Devore, 12633 SE 270
• David Devore, 12633 SE 270
The following people spoke of concerns regarding DKT-2014-6 - CVS:
• Bailey Stober, 12416 SE 272 PI
The following people spoke in favor of DKT-2014-4:
• Phil Kitzes, PK Enterprises, 23035 SE 263 St
The following people spoke in favor of Option 3 for DKT-2014-6 - CVS:
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April 27, 2015
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• Russell Everly, 11624 SE Kent Kangley Rd (Retracted letter opposing)
The following people spoke in opposition to DKT-2014-6 - CVS:
• David Malik, 16925 SE 224 St (dangerous intersection; concerned traffic
impact; 2010 map shows creek and wetland - no delineation done to his
knowledge)
• Charlene Hall, 11841 SE 263 Ct
• Parish Malik, 26220 116 Ave S
Mel Roberts, Chairman, Bicycle Board, 9421 S 241 St, presented a new exhibit to be
added to the record regarding bicycle accommodations.
Chair Smith asked for a Motion to admit the exhibit, Board Member Cornelius
MOVED and Board Member Jones SECONDED a Motion to admit the exhibit
presented into the record. Chair Smith called for a vote on the motion. MOTION
PASSED.
The exhibit was entered into the record as Exhibit 23.
The following people spoke in favor of DKT-2014-6 - CVS:
• George Basmajiam, 10510 226 Ave E, Buckley, WA. Partner, Kent Kangley
Partners, LLC. A property owner of proposed CVS property at 116 and Kent
Kangley.
The following people spoke in opposition to B1.b - East Hill South:
• John Thompson, 26050 108 Ave SE
Chair Smith left the Public Hearing open to be continued at the next meeting on May
11, 2015.
Chair Smith declared the second Public Hearing open.
COMPREHENSIVE PLAN UPDATE
Charlene Anderson, Planning Manager, presented 8 exhibits to be entered into the
record regarding comprehensive plan amendments.
Chair Smith asked for a Motion to admit the exhibits, Board Member Cornelius
MOVED and Board Member Jones SECONDED a Motion to admit the exhibits
presented into the record. Chair Smith called for a vote on the motion. MOTION
PASSED.
Anderson presented proposed updates, changes and revisions, as well as Staff's
evaluation of the Kent Comprehensive Plan through the year 2035, including the
addition of the Shoreline Element. Anderson also highlighted the Capital Facilities
Element and the necessary funding that is needed for the proposed Plan.
Anderson recommended approval of Staff's proposal.
Chair Smith asked for testimony from the Public.
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Page 3 of 4
April 27, 2015
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The following people spoke in favor of Staff's proposed changes to the
Comprehensive Plan:
• Amy Gore, Futurewise, 2310 14 Ave S, Seattle, WA. Ms. Gore also presented
two suggestions to be added in the Comprehensive Plan which included: 1)
Add a policy allowing Kent to maintain an affordable housing strategic plan;
and 2) Specify diverse cultures and language when discussing programs and
services which may need to be targeted to population sub-groups, particularly
in Parks and Recreation, and Economic Development.
Mel Roberts, Chairman, Bicycle Board, 9421 S 241 St, presented a new exhibit to be
added to the record regarding bicycle accommodations.
Chair Smith asked for a Motion to admit the exhibit, Board Member ]ones MOVED
and Board Member Ottini SECONDED a Motion to admit the exhibit
presented into the record. Chair Smith called for a vote on the motion. MOTION
PASSED.
The exhibit was entered into the record as Exhibit 9.
Chair Smith left the Public Hearing open to be continued at the next meeting on May
11, 2015.
S. Adiournment
Chair Smith adjourned the meeting at 8:56pm
Charlene Anderson
AICP, Planning Manager/LUPB Board Secretary
Land Use& Planning Board Minutes
Page 4 of 4
April 27, 2015
5
LAND USE AND PLANNING BOARD
MINUTES
KENT MAY 11, 2015
1. Call to Order
Chair Smith called the meeting to order at 7:07 pm
2. Roll Call
• LUPB Members: Randall Smith, Chair; Frank Cornelius; Katherine Jones; and Jack
Ottini were in attendance. Barbara Phillips, Vice Chair; Navdeep Gill; and Binoy
Varughese were absent.
• City Staff: Charlene Anderson, Planning Manager; and David Galazin, Civil
Attorney, were in attendance.
3. Approval Minutes
Chair Smith asked for a Motion to approve the April 13, 2015 minutes, Board
Member Ottini MOVED and Board Member Cornelius SECONDED a Motion to
approve the Minutes. Chair Smith called for a vote on the motion. MOTION
PASSED.
4. Added Items
None
S. Communications
None
6. Notice of Upcoming Meetings
None
7. Public Hearing
Chair Smith presented the purpose and procedures of hearing and reopened the first
Public Hearing.
LAND USE PLAN & ZONING DISTRICT MAP AND TEXT AMENDMENTS
Charlene Anderson, Planning Manager, presented six additional exhibits—in addition
to the twenty-three (23) exhibits entered at the meeting on April 27, 2015—to be
accepted into the record regarding map and text amendments.
Chair Smith asked for a Motion to accept the exhibits presented into the record,
Board Member Cornelius MOVED and Board Member Ottini SECONDED a
Motion to admit the exhibits presented into the record. Chair Smith called for a
vote on the motion. MOTION PASSED.
Anderson presented corrections or additions to the previous presentation at the first
public hearing on April 27, 2015 on the Land Use Plan and Zoning District maps, and
to the City code, which include the following:
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May 11, 2015
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First, map A2. - S. 180 Street - At the first public hearing it was stated in error
that the red area on the map shown was changing to MI-C. The correct staff
recommendation is to change the area to General Commercial-Mixed Use (GC-MU),
with some exceptions. Also, staff is not recommending to change the Open Space
(OS) designation on the Land Use Plan map, but is proposing to change the Zoning
Districts map designation to GC-MU.
Next, map B1.a - East Hill North - Anderson explained how the split zone parcels
will change on the Land Use Plan map and the Zoning Districts map.
Next, map B3. - Eliminate Gateway Commercial (GWC) Zoning District -
Anderson proposed to eliminate GWC completely as well as other changes. Anderson
also explained how the split zone parcels will change on the Land Use Plan map and
the Zoning Districts map.
Next, map C2. Fern Crest - Anderson proposed to withdraw this amendment from
consideration. The property is designated an urban separator and is part of the
urban separators shown in the countywide planning policies so it will be included in a
completely different work program.
Anderson presented text changes staff is recommending to Land Use Plan and
Zoning District maps to make them consistent with each other and the
Comprehensive Plan.
Anderson recommended approval of the amendments presented.
Chair Smith asked for testimony from the Public.
The following people spoke in opposition to B1.c - East Hill East, and requested
high-density multifamily zoning with the southern portion of the property consistent
with the multifamily designation in the area:
• Richard McPherson, Managing Broker, McPherson Homes & Land,
Representing David Devore, 12633 SE 270
• David Devore, 12633 SE 270
The following people spoke in favor of DKT-2014-6 - CVS, and to include an
additional property to the north into the zoning change:
• David Konen, 11704 Kent Kangley Rd
• Penny Ackerson, 11700 Kent Kangley Rd
The following people spoke in opposition to DKT-2014-6 - CVS:
• Khalid Husain, 26859 129 Ave SE, (Also business owner on 132"')
• David Malik, 16925 SE 224 St
The following people spoke in opposition to B2.a - Valley West, and requested M1-
C zoning with recreational vehicle parks as an allowed use:
• Al Johnson, Executive Vice President of Recreational Adventures Company,
who operate the KOA Campground at 5801 S 212.
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Page 2 of 5
May 11, 2015
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The following people spoke in favor of DKT-2014-7, and to include his property into
the zoning change:
• Jim Birch, 22130 88 Ave S
The following people spoke of concerns regarding DKT-2014-6 — CVS:
• Bailey Stober, 12416 SE 272 PI
The following people spoke in favor of DKT-2014-6 — CVS:
• George Basmajiam, 10510 226 Ave E, Buckley, WA. Partner, Kent Kangley
Partners, LLC. A property owner of proposed CVS property at 116 and Kent
Ka ng ley.
Seeing no further speakers, Chair Smith closed the Public Hearing.
Chair Smith asked for a Motion, Board Member Cornelius MOVED and Board
Member Ottini SECONDED a Motion to recommend to the full City Council
approval of the map and text amendments recommended by Staff.
Discussion ensued on the Main Motion.
A Secondary Motion was made. Board Member Ottini MOVED and Board
Member Jones SECONDED a Secondary Motion to amend DKT-2014-7
to include the parcel or property just to the North (as presented
during public testimony by Jim Birch).
Discussion ensued between Board Members on the Secondary Motion.
Chair Smith called for a vote on the Secondary Motion. Board Members
Ottini, Smith and Jones were in favor, and Board Member Cornelius
abstained. MOTION FAILED.
Discussion ensued again on the Main Motion, particularly DKT-2014-6; and Valley
West (B2.a.). Staff explained recommendations.
A Secondary Motion was made. Board Member Cornelius MOVED and
Board Member Ottini SECONDED a Secondary Motion to recommend to
the City Council that KCC 15.04.110 be amended to allow recreational
vehicle parks in the M1-C Zoning District.
Discussion ensued on the Secondary Motion.
Chair Smith called for a vote on the Secondary Motion. Board Members
Ottini, Smith and Cornelius were in favor, and Board Member Jones
opposed. MOTION FAILED.
Discussion ensued again on the Main Motion, particularly West Hill (BI.e.).
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A Secondary Motion was made. Board Member Cornelius MOVED to deny
or make no change to Bl.e. — West Hill. No Board Member SECONDED.
MOTION DIED.
Discussion ensued again on the Main Motion, particularly East Hill East (Bl.c.).
A Secondary Motion was made. Board Member Ottini MOVED and Board
Member Cornelius SECONDED a Secondary Motion to recommend to
the City Council that the zoning be changed on the whole property for
Bl.c. to multifamily. Chair Smith called for a vote on the motion. MOTION
PASSED.
Discussion ensued on the Secondary Motion.
Another Secondary Motion was made. Board Member Ottini MOVED
and Board Member Cornelius SECONDED a Motion to remove
the previous Motion regarding Bl.c. — East Hill East (Page 35)
from the record of this meeting and schedule the item as soon
as possible for a Workshop and then another Hearing. Chair
Smith called for a vote on the motion. MOTION PASSED.
Discussion ensued again on the Main Motion.
Chair Smith asked for a Motion, Board Member Ottini MOVED and Board
Member Cornelius SECONDED a Motion to recommend to the full City Council
approval of the map and text amendments recommended by staff and
provided in Attachment Two with the exception of the removal of one item
Bl.c. Chair Smith called for a vote on the motion. MOTION PASSED.
Chair Smith reopened the second Public Hearing.
COMPREHENSIVE PLAN UPDATE
Charlene Anderson, Planning Manager, presented two additional exhibits—in addition
to the nine (9) exhibits entered at the meeting on April 27, 2015—to be accepted
into the record regarding comprehensive plan amendments.
Chair Smith asked for a Motion to accept the exhibits presented into the record,
Board Member Ottini MOVED and Board Member Cornelius SECONDED a
Motion to admit the exhibits presented into the record. Chair Smith called for a
vote on the motion. MOTION PASSED.
Anderson presented four proposed changes or corrections—in addition to what was
proposed at the first hearing on April 27, 2015—which include, the addition of the
Shoreline Element; a correction to the Kent Profile and Vision section; a change to
the verbiage in the Parks Element relating to the administration of the element and
its policies, including the Parks Commission and the Arts Commission; and a change
to the formatting of a map in the Capital Facilities Element related to Fire Facilities.
Land Use& Planning Board Minutes
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May 11, 2015
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Further, Anderson referred the Board to Staff's responses to questions arising from
the exhibits or from the previous public hearing.
Chair Smith asked for testimony from the Public.
The following people spoke in favor of Staff's proposed changes to the
Comprehensive Plan:
• Risho Sapano, 11101 SE 208 St #1211, represents Mother Africa, a non-profit
organization based in Kent. Ms. Sapano also asked the Board to include a
policy in the Economic Development section which specifically addresses
workforce training for immigrants. The policy proposed is 6.2.5, which states
include workforce development program and strategies targeting a wide
range of needs. The strategy is to partner with local community based
organizations and key stakeholders, work to ensure that the workforce
development programs are meeting the needs of Kent residents, particularly
those with increased barriers to employment such as immigrants, refugees,
youth, transitioning workers, and workers with disabilities, either through
targeted communications of existing programs and resources, (because there
are so many of them there is no communication around what is available to
them), or through development of new programs which address the specific
needs of this population. By adding this language, it will give direction to
support Economic Development in the City of Kent. Sapano expressed her
appreciation for the opportunity to comment on this to the Board.
• Amy Gore, 2310 14 Ave S, Seattle, WA, employed with Futurewise based in
Seattle. Gore agreed with Ms. Sapano, and also made the point that social
equity is not giving everyone the exact same tools, it's giving everyone the
tools they need to succeed. A lot of people in Kent have different needs; she
agrees that Kent has programs, but people in the community do not know
about them. Adding the language will really support staff in what they're
already doing as well as prioritize investment and resources for the next 20
years. The benefits from workforce development, including higher income,
better housing, better educational outcomes, and better public health
outcomes are benefits to all.
Seeing no further speakers, Chair Smith closed the Public Hearing.
Chair Smith asked for a Motion, Board Member ]ones MOVED and Board
Member Ottini SECONDED a Motion to recommend to the full City Council
approval of the ten chapters or elements of the Kent Comprehensive Plan,
including associated Background and Technical Reports, Maps and Memos as
recommended by Staff, including the four (4) amendments presented.
MOTION PASSED.
S. Adiournment
Chair Smith adjourned the meeting at 8:46pm
Charlene Anderson
AICP, Planning Manager/LUPB Board Secretary
Land Use& Planning Board Minutes
Page 5 of 5
May 11, 2015
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PUBLIC WORKS DEPARTMENT
Timothy J. LaPorte
Public Works Director
400 West Gowe
KEN T Kent, WA 98032
WASHINGTON Fax: 253-856-6500
PHONE: 253-856-5500
May 26, 2015
TO: Chair Randall Smith and Land Use & Planning Board Members
FROM: Todd Hunsdorfer, Conservation Coordinator, Public Works Department
RE: Critical Areas Ordinance and Flood Hazard Regulations code updates
June 8, 2015 Public Hearing
MOTION: Recommend to the City Council approval/denial/modification of
proposed amendments to Chapter 11.06 KCC, Critical Areas Ordinance,
and Chapter 14.09 KCC, Flood Hazard Regulations, as presented by staff.
SUMMARY:
The city of Kent ("City") is scheduled to complete an update to the Kent
Comprehensive Plan by June 30, 2015, as required by the State of Washington
Growth Management Act (GMA). After holding a public hearing on April 13, 2015,
the Land Use & Planning Board ("LUPB") recommended approval of necessary
updates to the City's Critical Areas Ordinance (CAO) and Flood Hazard Regulations.
These ordinances must be consistent with best available science; and all
development regulations, including the CAO, must be consistent with the City's
Comprehensive Plan.
Prior to approval of the proposed ordinances by the Kent City Council, staff
determined that multiple additional and substantive edits were required. In Chapter
14.09 KCC (Flood Hazard Regulations) many of the changes were made to stay
consistent with FEMA guidance; while the additional changes to Chapter 11.06 KCC
(CAO) were made to improve administrative and legal clarity.
BACKGROUND:
The Growth Management Act requires that the CAO is reviewed periodically for
consistency with state law, federal law, and best available science. Staff worked
with consultants to examine these issues and make necessary changes. Many of the
edits were completed to improve the clarity of specific definitions, and to simplify
the process of administering the code.
The CAO protects critical or environmentally sensitive areas: wetlands, fish and
wildlife habitat areas (including streams), geologic hazard areas, aquifer recharge
areas, and frequently flooded areas as regulated under Chapter 14.09 KCC.
RECOMMENDATION:
To ensure compliance with the Growth Management Act, staff recommends
updating Chapters 11.06 and 14.09 KCC with the revisions identified in the
enclosed documents.
S:\Permit\Plan\COMP_PLAN_AMENDMENTS\2011\CPA-2011-3_CPZ-2011-1_CompPlan Update\CAO\#2 LUPB Public Hearing Modon_C O and Flood
Reguladons_20150608.doc
12
13
ORDINANCE NO.
AN ORDINANCE of the City Council of the
city of Kent, Washington, amending Chapter 11.06
of the Kent City Code, entitled "Critical Areas."
RECITALS
A. Pursuant to the state Growth Management Act, Chapter
36.70A RCW (GMA), the city of Kent ("City") hereby amends its critical
areas ordinance ("CAO"). This ordinance is the product of extensive
study, review and evaluation of the City's development regulations to
identify and protect the functions and values of critical areas as required
under the GMA, consistent with RCW 36.70A.172 and WAC 365-195-900.
The CAO has been updated to comply with state law, federal law, and best
available science. The City has identified, collected and assessed the
available scientific information offered by staff, by the City's environmental
consultants, by state agency representatives, and by the public in order to
interpret the nature, scope, and application of best available science to
protect the functions and values of the City's critical areas, which exist in a
highly complex, natural, and built urban environment.
B. Throughout this process, the City's intent has been to
develop and implement a comprehensive, balanced, and fair regulatory
program that requires avoidance, minimization, and mitigation of critical
areas and their buffers, in that order of preference, by anyone whose
1 KCC 11.06
Critical Areas
Ordinance
14
activities affect critical areas. To that end, the City also desires to protect
the public from injury, loss of life, or loss of property or other financial
impact, to the extent reasonably possible.
C. On August 4, 2014, staff made a presentation to the Public
Works Committee to discuss the update to the CAO by June, 2015, as
required by the Growth Management Act. Staff further discussed that the
update process is required to include best available science, as well as
compliance with state, regional and local mandates.
D. On August 11, 2014, the Land Use and Planning Board
("LUPB") held a workshop to discuss the update to the Kent
Comprehensive Plan, including the CAO update element of the plan;
compliance with state, regional and local mandates; the proposed
timeline; and public outreach activities.
E. On November 24, 2014, the LUPB held a workshop to
generally discuss the update CAO process, best available science rule, and
timeline.
F. On February 9, 2015, the LUPB held a workshop to discuss
preliminary findings from the best available science recommendations,
comments from staff and the public, and draft regulations.
G. On February 12, 2015, the City provided the required sixty
day notification under RCW 36.70A.106 to the Washington State
Department of Commerce ("Department") for the City's proposed CAO.
Comments from the Department were received and considered.
2 KCC 11.06
Critical Areas
Ordinance
15
H. On March 16, 2015, the City received comments on the CAO
update from the Washington State Department of Ecology. These
comments were also considered.
I. On April 3, 2015, the City conducted and completed
environmental review under the State Environmental Policy Act (SEPA),
issuing an Addendum to its Comprehensive Plan Environmental Impact
Statement (EIS).
J. On April 13, 2015, the LUPB held a public hearing on the
draft CAO and recommended updating Chapter 11.06 KCC, accordingly.
K. Staff made a presentation to the Public Works Committee on
April 20, 2015, on the recommended revisions to the CAO.
L. Following certain substantive changes by staff to the
proposed ordinance, the LUPB held a second public hearing regarding the
revised CAO on June 8, 2015, and recommended passage of the revised
ordinance.
M. Staff made a presentation regarding the revised CAO to the
Economic and Community Development Committee at its meeting on July
13, 2015, and the Committee voted to forward its recommendations to the
full City Council.
N. At its regularly scheduled meeting on July 21, 2015, the City
Council considered the recommendations and voted to adopt the proposed
amendments to the CAO.
3 KCC 11.06
Critical Areas
Ordinance
16
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
ORDINANCE
SECTION 1. - Amendment. Chapter 11.06 of the Kent City Code is
hereby amended as follows:
Article I. Procedural and Administrative Provisions
Sec. 11.06.010. Title. This chapter shall be hereinafter known as
the city of Kent critical areas code.
Sec. 11.06.020. Purpose and intent.
A. The city of Kent contains numerous areas that can be identified and
characterized as Such areas within the
city include wetlands, streams, wildlife and fisheries habitat, geologic
hazard areas, frequently flooded areas, and critical aquifer recharge areas.
B. The city finds that these critical areas perform a variety of valuable
and beneficial biological, physical and economic functions that benefit the
city and its residents. Alteration of certain critical areas may pose a threat
to public safety, private property, and the environment. The city finds,
therefore, that identification, regulation, and protection of critical areas is
necessary to protect the public health, safety, and general welfare. The
4 KCC 11.06
Critical Areas
Ordinance
17
city further finds that the functions of critical areas, and the purpose of
these regulations, include the following:
1. Wetlands. Wetlands perform a variety of functions that
include maintaining water quality; storing and conveying storm water and
floodwater; recharging groundwater; providing important fish and wildlife
habitat; and providing areas for recreation, education, scientific study, and
aesthetic appreciation.
Wetland buffers serve to moderate runoff volume and flow rates; reduce
sediment, chemical nutrient, and toxic pollutants; provide shading to
maintain desirable water temperatures; provide habitat for wildlife; and
protect wetland resources from harmful intrusion.
The primary goals of wetland regulation are to avoid wetland impacts; to
achieve no net loss of wetland function and value-
ee s�leed + aEhev�g tY�e ev to provide levels of protection
that reflect the sensitivity of individual wetlands and the intensity of
proposed land uses; and to restore apA{or enhance existing wetlands,
where possible.
The city of Kent's program for wetland protection is a combination of
regulatory and nonregulatory programs designed to collectively provide for
protection of wetland functions and values in a manner which is consistent
with best available science and the other goals and objectives of the
Growth Management Act, Chapter 36-7.70A RCW.
Protection of the water quality and hydrologic functions of wetlands is
accomplished in Kent by a combination of storm water management
controls (including both water quality controls and flow controls) regulated
5 KCC 11.06
Critical Areas
Ordinance
18
pursuant to Chapters- G.02. 7.07 and 7.14 KCC, and wetland buffers
imposed pursuant to this chapter. Taken together these programs will
provide adequate water quality and hydrologic protection to meet best
available science requirements.
2. Fish and wildlife habitat conservation areas.
a. Streams and their associated riparian corridors provide
important fish and wildlife habitat, including habitat for threatened and
endangered species; help maintain water quality; store and convey storm
water and floodwater; recharge groundwater; and serve as areas for
recreation, education, scientific study, and aesthetic appreciation. Stream
buffers serve to moderate storm water runoff volume and flow rates;
reduce sediment, chemical nutrient, and toxic pollutants; provide shading
to maintain desirable water temperatures; provide habitat for wildlife; and
protect stream resources from harmful intrusion.
The primary goals of stream regulation are to avoid or otherwise mitigate
significant impacts to streams and associated riparian corridors; to protect
threatened and endangered species; to protect water quality through
appropriate management techniques; and, where possible, to provide for
stream enhancement and rehabilitation.
b. Wildlife habitat provides opportunities for food, cover,
nesting, breeding, and movement for fish and wildlife within the city;
maintains and promotes diversity of species and habitat within the city;
integrates habitat protection with elements of the city's open space
system; helps maintain air and water quality; helps control erosion; serves
as areas for recreation, education, and scientific study and aesthetic
appreciation.
6 KCC 11.06
Critical Areas
Ordinance
19
The primary goals of wildlife habitat regulations are to identify and protect
fish and wildlife habitat; to avoid impacts to critical habitats for fish and
wildlife; to implement the goals of the Endangered Species Act; to promote
connectivity between habitat areas to allow for wildlife movement; to
provide multi-purpose open space corridors; and where possible to
enhance and rehabilitate wildlife habitat.
3. Geologic hazard areas. Geologic hazard areas include lands
characterized by geologic, hydrologic, hydrogeologic agd-topographic and
vegetative conditions that render them susceptible to varying degrees of
risk effrom landslides, erosion, seismic or volcanic activity.
The primary goals of regulating geologic hazards are to avoid and minimize
potential impacts to life and property; to regulate land uses where
necessary; and to conduct appropriate levels of analysis to ensure sound
engineering and construction practices to address tigate, and
potentially avoid identified hazards.
4. Critical aquifer recharge areas. Aquifer recharge areas provide
a source of potable water and contribute to stream discharge/flow during
periods of low flow. The city finds that certain locations are susceptible to
contamination of water supplies by infiltration of pollutants through soil to
groundwater aquifers.
The primary goals of aquifer recharge regulations are to protect critical
aquifer recharge areas and groundwater quality by avoiding or limiting
land use activities that pose potential risk of aquifer contamination; and to
minimize impacts to significant aquifer recharge areas through the
application of performance standards.
7 KCC 11.06
Critical Areas
Ordinance
20
to flooding- isk
als of flood hazard EgULLIations are
to limit the effects pacAtect
Kent's Flood Hazard-Re ulations
located in Chapter 14.09 KCC r Ulate activities within frequently flooded
the extent reasonably possible,
Sam. 11.06.030. Regulated activities.
A. io chapter shall apply to any regulated activity
that ffoctea critical area or a potential criticalarea, orits
buffer, unless otherwise exempted by these regulations. Regulated activity
that takes place within an area shown as a critical area on the critical areas
inventory maps maintained by the department pursuant tQ KCC 11.06.050
raises a rebuttable presumption that the activity affects a potential critical
area or its buffer. This presumption may be overcome by information
8 K(C11.06
Critical Areas
Ordinance
21
properly submitted by a qualified professional and confirmed by the
department. Applicable activities aFe as `eNowsinclude, but are not limited
to, the following:
1. Removing, excavating, disturbing, or dredging soil, sand,
gravel, minerals, organic matter or materials of any kind.
2. Dumping, discharging, or filling with any material.
3. Draining, flooding, or disturbing the water level or water
table, or diverting or impeding water flow.
4. Driving pilings or placing obstructions.
5. Constructing, substantially reconstructing, demolishing, or
altering the size of any structure or infrastructure.
6. Destroying or altering vegetation through clearing, grading,
harvesting, shading, or planting vegetation that would negatively affect the
character of a critical area.
7. Activities that result in significant changes in water
temperature, physical or chemical characteristics of water sources,
including quantity and pollutants.
8. Any other activity potentially affecting a critical area or buffer
not otherwise exempt from the provisions of this chapter as determined by
the department.
9 KCC 11,06
Critical Areas
Ordinance
22
9. The construction of new recreation trails within the
buffer;_
Where a regulated activity would be partly within and partly outside
a critical area or its buffer, the entire activity shall be reviewed pursuant to
the requirements of this chapter.
B. To avoid duplication, all permits and approvals identified in Chanter-
12.01 KCC shall be subject to, and coordinated with, the requirements of
this chapter.
C. Nonproject actions, including but not limited to rezones,
comprehensive plan map amendments, annexations, and the adoption of
plans and programs, shall be subject to the r_e_„r_--_-`_ of this chapter.
However, the department may, at its discretion, permit any studies or
evaluations required by this chapter to use methodologies and provide a
level of detail appropriate to the action proposed.
D. Activities within the Green River N+=atural Rfesources Aarea shall be
subject to this chapter with the exception of activities allowed by
Resolution 922, adopted by the city of Kent in March 1981.
Sec. 11.06.040. Exemptions.
10 KCC 11.06
Critical Areas
Ordinance
23
A. The following activities, when performed on sites containing critical
areas or on sites that may affect critical areas as defined by this chapter,
shall be exempt from s�these regulations:
1. Conservation or preservation of soil, water, vegetation, fish,
and other wildlife that does not entail changing the structure or functions
of the critical area.
2. Existing and ongoing agricultural activities, as defined in this
chapter.
3. Activities involving artificially created wetlands or streams
intentionally created from nonwetland sites, including, but not limited to,
grass-lined swales, irrigation and drainage ditches, retention or detention
facilities, and landscape features, except wetlands or streams created as
mitigation or that provide critical habitat for anadromous fish.
4. Operation, maintenance, repair, and reconstruction of existing
structures, roads, trails, streets, utilities, and associated structures, dikes,
levees, or drainage systems; provided, that reconstruction of any facilities
or structures is not "substantial reconstruction," may not further encroach
on a critical area or its buffer, and shall incorporate best management
practices.
5. Normal maintenance, repair, and reconstruction of p iblic
residential., or commercial structures, facilities, and landscaping; provided,
however, that reconstruction of any structuresagaydoes not increase itsthe
#rev+etiepreexisting footprint, aM4bFr=thef--p fiat-the-ffevtseqs-€rf
tf=�-c�aptef-aFe-feHewed-
11 KCC 11,06
Critical Areas
Ordinance
24
6. The addition of floor area within an existing building ,that
does not increase the building footprint.
7. Site investigative work and studies that are prerequisite to
preparation of an application for development including soils tests, water
quality studies, wildlife studies, and similar tests and investigations;
provided, however, that any disturbance of the critical area &ha4must only
be the absolute minimum necessary to carry out the work or studies.
8. Educational activities, scientific research, and outdoor
recreational activities, including but not limited to interpretive field trips,
birdwatching, boating, swimming, fishing, and hiking, that will not have a
significant effect on the critical area.
9. The hHarvesting of wild crops and seeds to propagate native
plants in a manner that is not injurious to natural reproduction of such
crops, armprovided the harvesting does not require tilling of soil, planting
of crops, or alteration of the critical area by changing existing topography,
water conditions, or water sources.
10. Emergency activities necessary to prevent an immediate
threat to public health, safety, property, or the environment which requires
immediate action within a time too short to allow full compliance with this
chapter as determined by the department.
11. Development of lots vested arldfor legally created through a
subdivision, short subdivision, or other legal means and approved prior to
the effective date of the ordinance codified in this chapter: provided the
division of land was for a specified use, and that the development is
consistent with that approved use.
12 KCC 11,06
Critical Areas
Ordinance
25
12. Removal of invasive plants and planting of native vegetation
in wetlands. RR(4 or in wetland or stream buffers, for the purpose of
enhancing habitat values of these areas pursuant to an approved
mitigation plan.
13. Stabilization of sites where erosion or landsliding threatens
public or private structures, utilities, roadways, driveways, or publicly
maintained trails or where erosion or landsliding threatens any lake,
stream, wetland, or shoreline. Stabilization work shall be performed in a
manner which causes the least possible disturbance to the slope and its
vegetative cover. This activity shall be performed in accordance with
approved site stabilization plans.
14. Minor activities not mentioned above and determined in
advance and in writing by the director to have minimal impacts to a critical
area.
B. Notwithstanding the exemptions provided by this section, any
otherwise exempt activities occurring in or near a critical area or its buffer
shall comply with the intent of these standards and shall consider onsite
alternatives that avoid or minimize significant adverse impacts. Emergency
activities shall mitigate for any impacts caused to critical areas upon
abatement of the emergency.
C. With the exception of emergency actions, attd-existing and ongoing
agricultural activities, and educational and recreation activities that will not
have a significant effect on a critical area no property owner or other
entity shall undertake exempt activities prior to providing fourteen {l-4j
days' notice to the director and receiving confirmation in writing that the
13 KCC 11.06
Critical Areas
Ordinance
26
proposed activity is exempt. In case of any question as to whether a
particular activity is exempt from the provisions of this section, the
director's determination shall prevail and shall be confirmed in writing.
D. Legally established uses, developments, or structures that are
nonconforming solely due to inconsistencies with the provisions of this
chapter shall not be considered nonconforming pursuant to KCC
15.08.100. Reconstruction or additions to existing structures ••that
intrude into critical areas or their buffers shall not increase the amount of
such intrusion except as provided by KCC 11.06.100(A). Once a
nonconforming use is discontinued for a period of^R_ yaaf ix months,
that use cannot be reestablished.
E. The exemptions established by this section shall apply only to
activities that are otherwise permitted by federal, state, andfef local laws.
Sec. 11.06.045. Review and inspection fees. The city council
shall, by resolution, establish the fees to be assessed to implement and
operate the regulations adopted in this chapter. The resolution may require
that certain fees be pre-paid andfeF designated to be nonrefundable
because staff time and materials will be expended whether or not the
permit applied for is approved by the city or pulled by the applicant. In the
event of any conflict or ambiguity regarding any fees authorized under this
chapter and established by council resolution, the pHb' e weFlks director is
authorized to interpret the aoolicable fee schedule{sj to resolve that
conflict or ambiguity.
Sec. 11.06.050. Critical areas maps. The approximate location
and extent of critical areas within the city are shown on the critical areas
inventory maps. Y CcExceot as provided in KCC 11.06.030.A, these maps
14 KCC 11,06
Critical Areas
Ordinance
27
shall be used for informational purposes and as a general guide only, for
the assistance of property owners and other interested parties; the
boundaries and locations shown are generalized. The actual presence or
absence, type, extent, boundaries, and classification of critical areas on a
specific site shall be identified in the field by a qualified--e&
professional and confirmed by the department, according to the
procedures, definitions, and criteria established by this chapter. In the
event of any conflict between the critical area location or designation
shown on the city's maps and the criteria or standards of this chapter, the
criteria and standards shall prevail. Maps are adopted pursuant to this
chapter and regularly Updated with new information from resources
deemed reliable by the director. These maps shall be kept on file at the
permit center posted on the city's website and made available public
inspection upon request.
Sec. 11.06.060. Relationship to other regulations.
A. These critical area regulations shall apply as an overlay and in
addition to zoning, land use, and other regulations established by the city
of Kent. In the event of any conflict between these regulations and any
other city regulations, those regulations which provide greater protection
to environmentally critical areas shall apply, as determined by the director.
B. Areas characterized by specific critical areas may also be subject to
other regulations established by this chapter due to the overlapping or
multiple functions of some critical areas. Wetlands, for example, may be
defined and regulated according to the wetland, wildlife habitat, and
stream management provisions of this chapter. In the event of any conflict
between regulations for particular critical areas in this chapter, the
15 KCC 11.06
Critical Areas
Ordinance
28
regulations which provide greater protection to environmentally critical
| areas shall apply, ao determined by the director.
s not constitute ggaip-ILiance with
permit conditionsUhat-may be
Ecolo permits and National Pollution
plicant is
re�� dition to the
Sam. 11.06.070. Critical area review process and application
requirements.
A. Pne'app0cationnon/e/ence.
-. F-F these ff-'--'- ---'--' '- _9'.'F_'n_-_ F-v —w ,_--_-
o applicant io encouraged to meet with the
city prior to submitting anapplication,
| .
| 3I. The purpose of these meetings shall be to discuss the dty's
critical area requirements, processes, and procedures; to review any
conceptual site plans prepared by the applicant; to identify potential
impacts tocritical areas and appropriate mitigation nnoaouroo; and tothe
extent it can bo determined, generally inform the applicant of any known
federal or state regulations or approvals applicable to the subject critical
16 K(C11.06
Critical Areas
Ordinance
29
area. Such conference shall be for the convenience of the applicant, shall
not constitute legal advice or scientific opinion, and any recommendations
shall not be binding on the applicant or the city. It shall be the applicant's
sole responsibility to identify and secure all necessary permits from any
agencies with jurisdiction notwithstanding that the city of Kent may also
have the authority to issue a permit.
B. Application requirements.
1. Timing of submittals. Concurrent with submittal of a SEPA
checklist, or concurrent with submittal of an application for projects
exempt from SEPA, a critical area report must be submitted to the city for
review. The purpose of the report is to determine the extent,
characteristics, and functions of any critical areas located on or potentially
affected by activities on a site where regulated activities are proposed. The
report will also be used by the department to determine the appropriate
critical area rating or classification, where applicable, and to establish
appropriate buffer requirements.
2. Report contents. Reports and studies required to be submitted
by this chapter shall contain, at a minimum, 4fe-information indicated in
the subsequent sections of-"- t-e this chapter applicable to each
critical area and the following:
a. The name and contact information of the an lip cant a
description of the proposal and identification of the permit requested
b. Addresses and parcel numbers of the critical areas
17 KCC 11.06
Critical Areas
Ordinance
30
c. A mad to scale, de ipcting critical areas buffers flan
and test pit numbers, the develogment
-proposal and any�
6eared and
d. A description of the proposed stormwater rnanagernent< Formatted:Indent:First line: I"
plan for the development and consideration of impacts to drainage
alterations.
e. The narnes and lualifications of all people involved in
preparing the repo t and documentation of any fieldwork perfiormed on the
site, as well as the dates on which fieldwork took place;
f. Identification and characterization of all critical areas
wetlands water bodies and buffers adjacent to the pro posed-projectarea
g. A statement specifng the accuracy of the pot and
all assumptionsmade�and relied upon
h. An assessment of the probable impacts to critical areas
esulting from development of the site �hero o�seddevelo development and
potential impacts from critical areas to the proposed development of the
site,
1. A description of reasonable efforts made to apply
mitigation seguencing_pursuant to KCC 11.OG.380 to avoid minimize and
mitigate impacts to critical areas
L-----Plans foradequate mitigation, as needed to offset anv
—impDamatS in�accordance with KCC 11.06.550jincluding but not.limited to.,
18 KCC 11.06
Critical Areas
Ordinance
31
i. The impacts of anyproposed development within
or adjacent to a critical area or buffer on the critical area and the
potential adverse f impact of critical to the development and
Li The impacts
critical area or buffer on the developjjjgj2j--pLQg2aaj other properties and
the environment
k. A discussion of the-performance-standards-applicable
to the critical area and all proposed activity;
I. Financial guarantees, in a form and for an amount
acceptable to both the director and the city attorney, to ensure
compliance and
requiredm. Any additional information for the critical area
as specified in the corresponding chapter-.
3. The depa tment may tailor the information required to reflect
the complexity of the proposal and the sensitivity of critical areas that may
potentially be present
4. Unless otherwise provided, a critical area repot may be
sup glernentec-bK or composed in whole or in pat of any repo is or
studies required by other laws and regulations or previously prepared for
and applicable proved by the
di rector.
S. The director may require additional information to be included
in the critical area report when the director deems it to be necessary for
19 KCC 11.06
Critical Areas
Ordinance
32
this Title.
Additional informat not limited to:
a. Historical d nt
aLa��photogna hs data compilations and summaries and
available re he
��
b. Grading and drainage lans and
C. Information specfic�tothe�te location and nature of
the critical area involved.
| C. Critical area - Qualifications and city
review. All reports and studies required of the applicant by this section
shall be prepared byaqualified as defined in these
regulations. The may, at discretion,
| retain aqualified to review and confirm the
|
applicant's reports, studies, and plans. Such review shall be paid for by the
applicant.
D. Review p/ncess. This section io not intended to create aseparate
critical area review permit process for development proposals. Tothe
extent possible, the city shall consolidate and integrate the review and
processing of critical area-related aspects of proposals with other land use
and environmental considerations, reviews, and approvals. Any permits
required by separate codes or regulations, such as shoreline substantial
| development permits, oha|| continuotoboroquirod
� ' .
20 K(C11.06
Critical Areas
Ordinance
33
Sec. 11.06.080. Procedural provisions.
A. Interpretation and conflicts. The director
k hall have the authority to administer the provisions of
this chapter, to make determinations with regard to the applicability of the
regulations, to interpret the intent of unclear provisions, to require
additional information, to determine the level of detail and appropriate
methodologies for critical area reports and studies, to prepare application
and informational materials as required, and to promulgate procedures and
rules for unique circumstances not anticipated by the standards and
procedures contained within this chapter.
B. Penalties and enforcement. Compliance with these regulations and
penalties for their violation shall be enforced pursuant to the procedures
set forth in C-Ia:Chaoter 1.04 KCC.
C. Appeals from critical area review decisions. Appeals from critical
area review decisions shall be governed by the procedures set forth in KCC
12.01.190 and C+r.Chaoter 2.32 KCC.
D. Burden of proof. The burden of proving that a proposed activity
meets the standards established by this chapter shall be on the applicant.
Sec. 11.06.090. Reasonable use provision.
A. The standards and requirements of these regulations are not
intended, and shall not be construed or applied in a manner, to deny all
reasonable use of private property. If an applicant demonstrates to the
satisfaction of the hearing examiner that strict application of these
21 KCC 11.06
Critical Areas
Ordinance
34
standards would deny all reasonable use of a property, development may
be permitted subject to appropriate conditions.
B. Applications for a reasonable use exception shall be processed as a
Process III application, pursuant to C-Ia Chapter 12.01 KCC.
C. An applicant requesting relief from strict application of these
standards shall demonstrate that all of the following criteria are met:
1. No reasonable use with less impact on the critical area and its
buffer is possible.
2. There is no feasible and reasonable onsite alternative to the
activities proposed, considering possible changes in site layout, reductions
in density, and similar factors that would allow a reasonable economic use
with fewer adverse impacts.
3. The proposed activities, as conditioned, will result in the
minimum possible impacts to affected critical areas, considering their
functions and values andfef the risks associated with proposed
development.
4. All reasonable mitigation measures have been implemented or
assured.
5. The inability to derive reasonable economic use is not the
result of the applicant's actions or that of a previous property owner, seek
es-byincludina, but not limited to segregating or dividing the property ar=,d
eFeaN�manner that created an undevelopable conditions
22 KCC 11,06
Critical Areas
Ordinance
35
exacerbating an existing condition to such a degree that reasonable
economic use is no longer possible under the terms of this chapter.
6. The applicant adequately undertook reasonable efforts to
acquire sufficient knowledge of existing limitations on the subiect property
at the time when the applicant acquired the property. For purposes of this
section, "reasonable efforts" includes, but is not limited to: visual
inspection of the site; review of critical area maps; site assessment by a
qualified professional; and a price comparison to other properties that are
comparable in terms of size, location, zoning and access.
7. Any alteration of a critical area approved under this section
shall be subject to appropriate conditions and will require mitigation under
an approved mitigation plan.
D. No reasonable use application shall be approved if the city carr Formatted:Indent:First line: 0"
demonstrate, by a preponderance of the evidence, that the applicant had
actual or constructive knowledge of existing conditions, at any time prior
to the applicant's acquisition of the subiect property, that would
significantly lessen the applicant's distinct, investment-backed
expectations in acquiring the subiect property.
GE. Approval of a reasonable use exception shall not eliminate the need
for any other permit or approval otherwise required for a proposal by
applicable city regulations.
Sec. 11.06.100. Variances.
A. Applications for variances from the strict application of the terms of
this chapter to a specific property may be submitted to the city. All
23 KCC 11,06
Critical Areas
Ordinance
36
variances except administrative variances per subsection (B) of this section
shall be considered by the hearing examiner as a Process III application,
pursuant to K£GChaoter 12.01.040. KCC. Approval of variances from the
strict application of the critical area requirements shall be consistent with
the following criteria:
1. There are unique physical conditions peculiar and inherent to
the affected property •.that makes it difficult or infeasible to strictly
comply with the provisions of this chapter.
2. The variance is the minimum necessary to accommodate the
building or structure footprint and access.
3. The proposed variance would preserve the functions and
values of the critical area, andfef the proposal does not create or increase
a risk to the public health, safety, and general welfare, or to public or
private property.
4. The proposed variance would not adversely affect properties
surrounding the subject site.
5. Adverse impacts to critical areas resulting from the proposal
are minimized.
6. The special circumstances or conditions affecting the property
are not a result of the actions of the applicant or previous owner.
7. The variance shall not constitute a grant of special privilege.
24 KCC 11.06
Critical Areas
Ordinance
37
B. Other minor buffer modifications may be permitted by the director,
as outlined in the provisions of this chapter.
Article II. Definitions
Sec. 11.06.105. Definitions. The following words, terms, and
phrases, when used in this chapter, shall have the meaning ascribed to
them in this article, except where the context clearly indicates a different
meaning.
Sec. 11.06.110. Applicability. The definitions contained in this
chapter are those that are generally used throughout this code, except for
those definitions specified in Cris-Chapters 14.09 KCC and 15.02 KCC,
which are specific to those respective sections and chapters.
Sec. 11.06.115. Adjacent wetland. Adjacent wetland means a
wetland bordering, contiguous to, or neighboring a river, stream, or lake.
Sec. 11.06.120. Applicant. Applicant means the person, party,
firm, corporation, or other entity that proposes or has performed any
activity that affects or may affect a critical area or potential critical area, or
its buffer.
Sec. 11.06.125. Aquifer. Aquifer is, generally, any water bearing
soil unit or geologic formation. Specifically, a body of soil unit or geologic
formation that contains sufficient saturated permeable material to conduct
groundwater and yield economically significant quantities of groundwater
to wells or springs.
25 KCC 11.06
Critical Areas
Ordinance
38
Sec. 11.06.130. Aquifer susceptibility. Aquifer susceptibility is a
contributory factor of potential contamination of an aquifer that results
from soil, rock, and groundwater characteristics within a recharge area.
Sec. 11.06.135. Aquifer vulnerability. Aquifer vulnerability
means the combined effect of aquifer susceptibility and contaminant
loading potential: it includes hydrogeologic, land use, and other factors
that affect the potential for groundwater contamination.
Sec. 11.06.140. Artificially created wetland. Artificially created
wetland means a wetland created from nonwetland sites through
purposeful, legally authorized human action, including but not limited to
irrigation and drainage ditches, grass-lined swales, canals, retention or
detention facilities, wastewater treatment facilities, farm ponds, and
landscape amenities.
Sec. 11.06.145. Best available science (BAS). Best available
science (BAS) is the current scientific information used in the process to
designate, protect, or restore critical areas, that is derived from a valid
scientific process as defined by WAC 365-195-900 through 365-195-925,
as amended.
Sec. 11.06.150. Best management practices (BMPs). Best
management practices (BMPs) means the conservation practices or
systems of practices and management measures that: (1) control soil loss
and reduce water quality degradation caused by nutrients, animal waste,
toxics, and sediment; and (2) minimize adverse impacts to surface water
and groundwater flow, circulation patterns, and to the chemical, physical,
and biological characteristics of critical areas.
26 KCC 11.06
Critical Areas
Ordinance
39
Sec. 11.06.155. Bog. Bao eans a wet spongy poorly-drained
area that is usually rich in verbspecialized plants such as acidophilic
mosses, particularlysphagnum contains a high percentage of organic
remnants and residues and fre ug ently is associated with a spring,
seepage area or other subsuifiace water- source. A bog sometimes
epresents the final stage of the natural process of eutrophication by which
lakes and other- bodies of water- are very slowly transformed into land
areas.Beg-is,-
etttfle� es�ar�ieer�a�Fy s�Fiagrtrr�-
Sec. 11.06.160. Buffer or buffer area. Buffer or buffer area is a
vegetated zone contiguous to and surrounding a critical area that protects
the critical area from adverse impacts to its integrity and value. Buffers are
necessary for the continued maintenance, function, and{eF structural
stability of a critical area, and are an integral part of the resource's
ecosystem. Buffers may either be enhanced epA}or revegetated, or both,
where they are degraded or as part of a mitigation program. Buffers shall
be measured perpendicular from the edge of the critical area.
Sec. 11.06.165. Building setback line (BSBL). Building setback
line (BSBL) means an area in which structures, including but not limited to
sheds, homes (including overhangs), buildings, and awnings shall not be
permitted within, or allowed to project into, a critical area buffer. Roads,
parking areas, uncovered at-grade decks, patios, lawns, and landscaping
are permitted within the BSBL.
Sec. 11.06.170. Clearing. Clearing means the removal of timber,
brush, grass, ground cover, or other vegetative matter from a site, which
exposes the earth's surface of the site, or any actions ,that disturb
the existing ground surface.
27 KCC 11,06
Critical Areas
Ordinance
40
Sam. 11.06.180. Compensatory mitigation. Compensatory
mitigation nnoano
' in certain circumstances,
achieved.tion has been 4fe
1. Restoration means actions performed to reestablish stream or
wetland functional characteristics and processes, which have been lost by
| alterations, activities, or catastrophic events within an area *4+k-kdhatno
|
longer meets the definition ofa stream orwetland.
I. means actions performed tointentionally
| *stabW*h'g]§ate-a wetland ata site where it did not formerly exist.
|
J. Enhancement means actions performed to improve the condition of
existing wetlands or riparian areas oo that the functions they provide are
ofa higher quality.
Sam. 11.06.185. Comprehensive plan. Comprehensive plan
| means the dOCUrnentinclurcring rnapsadopted by he city councilwhich
28 K(C11.06
Critical Areas
Ordinance
41
outlines the citv`s goals and policies relating to management of growth
and prepared in accordance with Chapter 3G 70A RCW The term also
includes adopted subarea leans'mea+i,—the—ad&lpted—e-: of—:'Rt
e�r�eFierr�
Sec. 11.06.190. Contaminant loading potential. Contaminant
loading potential means the availability within an aquifer recharge area of
any potential physical, chemical, biological, or radiological substance that
enters the hydrological cycle and may cause a deleterious effect on
groundwater resources.
Sec. 11.06.193. Corridor. Corridor means a continuous strip of
undisturbed vegetation connecting two f2-)—critical areas, protected in
perpetuity from development via a restrictive covenant in the form of a
conservation easement, sensitive area easement, or sensitive area tract.
Sec. 11.06.195. Creation of critical areas. Creation of critical
areas means the purposeful and legally authorized construction or forming
of a wetland or stream from an upland (nonwetland or dry) site through
artificial means.
Sec. 11.06.200. Critical area
Critical area €n=e: rta�64ttee-afea-means an area that
possesses important natural functions and embodies a variety of important
natural and community values. Such areas include wetlands, streams, fish,
and wildlife habitat, geologic hazard areas, critical aquifer recharge areas,
and flood hazard areas. If not conducted properly, development or
alteration of such areas may cause significant impacts to the valuable
functions and values of these areas andfeF may generate risks to the
public health and general welfare, epAdorto public and private property.
29 KCC 11.06
Critical Areas
Ordinance
42
Sec. 11.06.205. Critical area report. Critical area report means
a report prepared by a qualified eaFr&uk,,Rtprofessional to determine the
presence, type, class, size, function, ahld{or value of an area subject to
these regulations.
Sec. 11.06.210. Critical aquifer recharge areas. Critical aquifer
recharge areas means areas designated wellhead protection areas
pursuant to adopted wellhead protection plans e_ va the ease lated `;_ed
Fes, susceptible groundwater areas pursuant to Chapter 173-
100 WAC, and special protection areas pursuant to WAC 173-200-090.
Sec. 11.06.215. Critical facilities. Critical facilities means those
facilities necessary to protect the public health, safety, and general welfare
which are defined under the occupancy categories of essential facilities and
special occupancy structures in the International Building Code, as the
same may be amended
kkek
TYWR.'at�irY�.�r tGa! ((JYI� YtWt'CCIY
prter-fFy�<�}ee+eS-@�pFaRtS-@ , , eE�tree-the
<sF3eEt ef3FGoci2c-�rver'-t �FFt:
Stre�i-areas-are-��'��tined-hera«!,{_av��tf3�- efererlae-tc-gists-e s�a13d
dPFfflftF(DNS-2f-"..sf-}eEt85-f3F@F�ttf{E�atL.. .Y ��e-Wa<skltt'}Mehl-{�e'�3C3Ftric�=rt-"�irr i.sr"r
ahl
WAC-2 2 si—ii-1-1-@f"c.�c si—ii- �fie-�. .e5-l" '•'t
p� ref—the--�partFrtetlF—ef—Ftis , t3y—ht�—arm
30 KCC 11,06
Critical Areas
Ordinance
43
r-egtrfaEie�-a r��er�FFy-erFie�ea€ter-by-t;G--�.;-F��" a�rd-IW+fEN+fe
Sec. 11.06.225. Dedication. Dedication means conveyance of
land by deed, easement, or other
legal instrument of conveyance.
Sec. 11.06.227. Degraded wetland buffer. Degraded wetland
buffer means a buffer area which cannot adequately protect its adjacent
wetland due to one (4}or more of the following existing conditions: (1)
lack of vegetative cover or presence of bare soils (resulting from
disturbance, fill, debris, or trash); (2) significant cover (over fifty f5%
percent) in nonnative vegetation; (3) significant cover (over fifty f5%
percent) in invasive species or noxious weeds; or (4) presence of existing
nonconforming structures or improvements.
Sec. 11.06.230. Delineation manual or wetland delineation
manual/methodology. Delineation manual or wetland delineation
manual/methodology means the manual and methodology used for the
identification of wetlands and delineation of their boundaries pursuant to
this chapter. Work shall be done in accordance with the proved federal
wetland delineation manual and applicable regional supplernents as set
forth in WAC 173-22-035 as amended t�Ee F€y weFFa ds rrrc eras
de::ertbed-i�+-the- a+ads-FdertFi#ieaFi�+-ei gel�r�.t�u�
Meat: day t ; t t :t .;f Fee e�y -199 f f t�stta F tE F�EVN
99�S-3S8{3y=f - , baseE{the
ef-�T tSatraf-+s-regtri�ed� -9Fk-1-7�-
31 KCC 11.06
Critical Areas
Ordinance
44
Sec. 11.06.235. Department. Department means the city of Kent
department of { + kseconomic and community develo rrp lent or
successor agency, unless the context indicates a different city department.
Sec. 11.06.240. Director. Director means the J FeetSF Bf the city
of Kent depaftff e- F ef�e�k-wer-kseconomic and community development
director or " he director's designee.
Sec. 11.06.245. Earth/earth material. Earth/earth material
means #+e-naturally occurring rock, soil, stone, sediment, sand, or any
combination thereof.
Sec. 11.06.250. Elevated construction. Elevated construction
means a construction technique that employs posts or pilings to raise a
structure so that waters can flow freely beneath the structure.
Sec. 11.06.255. Emergent wetland. Emergent wetland means a
wetland with at least thirty F3&�-percent of the surface area covered by
erect, rooted, herbaceous vegetation as the uppermost vegetative strata.
Sec. 11.06.260. Enhancement. Enhancement means the
improvement of an existing viable wetland, stream, or habitat area or the
buffers established for such areas, through such measures as increasing
plant diversity, increasing wildlife habitat, installing environmentally
compatible erosion controls, increasing structural diversity, or removing
plant or animal species that are not indigenous to the area. Enhancement
also includes actions performed to improve the quality of an existing
degraded wetland, stream or habitat area. See also "Restoration."
32 KCC 11.06
Critical Areas
Ordinance
45
Sec. 11.06.265. Erosion. Erosion means a process whereby
gravity, wind, rain, water, freeze-thaw, and other natural agents mobilize
and transport soil particles.
Sec. 11.06.270. Erosion hazard areas. Erosion hazard areas
means areas within the city of Kent underlain by soils which are subject to
severe erosion when disturbed. Such soils include, but are not limited to,
those delineated in the "Soil Survey, King County Area, Washington"
(USDA, 1973) as having a moderate to severe, severe, or very severe
erosion hazard potential. These soils consist of the following: Alderwood
gravelly sandy loam, fifteen (15) to thirty (30) percent slopes (AgD);
Alderwood and Kitsap soils, very steep (AkF); Arents, Alderwood Material,
six (6) to fifteen (15) percent slopes (AmC); Beausite gravelly sandy loam,
fifteen (15) to thirty (30) percent slopes (BeD); Beausite gravelly sandy
loam, forty (40) to seventy-five (75) percent slopes (BeF); Everett gravelly
sandy loam, fifteen (15) to thirty (30) percent slopes (EvD); Indianola
loamy fine sand, fifteen (15) to thirty (30) percent slopes (InD); Kitsap silt
loam, eight (8) to fifteen (15) percent slopes (KpC); Kitsap silt loam,
fifteen (15) to thirty (30) percent slopes (KpD); Ovall gravelly loam, fifteen
(15) to twenty-five (25) percent slopes (OvD); Ovall gravelly loam, forty
(40) to seventy-five (75) percent slopes (OvF); Pilchuck loamy fine sand
(Pc); Ragnar fine sandy loam, fifteen (15) to twenty-five (25) percent
slopes (RaD); Ragnar-Indianola association, moderately steep (RdE); and
Riverwash (Rh).
Sec. 11.06.275. Essential habitat. Essential habitat means
habitat necessary for the survival of federally listed threatened,
endangered,-arid or sensitive species,and state-listed priority species.
33 KCC 11.06
Critical Areas
Ordinance
46
Sec. 11.06.280. Excavation. Excavation means the removal or
displacement of earth material by human or mechanical means.
Sec. 11.06.285. Existing and ongoing agricultural activities.
Existing and ongoing agricultural activities includes those activities
conducted on lands defined in RCW 84.34.020(2), as amended, and those
activities involved in the production of crops and livestock, provided that
such activity was actively being conducted.
09 exste.;a as of the effective date of the ordinance codified in this
chapter. The definition includes,_ but is not limited to: operation and
maintenance of farm and stock ponds or drainage ditches-,I. irrigation
systems,i changes between agricultural activities or crops; and normal
operation, maintenance, or repair of existing serviceable structures,
facilities, or improved areas. Activities ••that bring an area into
agricultural use from a previous nonagricultural use are not considered
part of an ongoing activity. An operation ceases to be ongoing when the
area on which it was conducted is proposed for conversion to a
nonagricultural use or has lain idle for a peFed of longer than five
(-Wonsecutive years, unless the idle land is registered in a federal or state
soils conservation program. Forest practices are not included in this
definition.
"4. :�9 �attBe:--E-n'o C y:epee-res—e�pFata�eh
cTF}FFF}a�-t��t-IS-feF sCH-`ci-n3-r<c�rc-a�a:
Sec. 11.06.295. Fen. Fen means a peat-accumulating wetland
that receives some drainage from surrounding mineral soil and usually
supports marsh-like vegetation.
34 KCC 11.06
Critical Areas
Ordinance
47
Sec. 11.06.300. Fill/fill material. Fill/fill material means a deposit of
earth or other material placed by human or mechanical means. Earth
material is defined in KCC 11.06.245. Other material may include but is
ngt limited to lap sties construction debris wood chime overburden from
excavation activities or materials used to create any structure or
infrastructure.
Sec. 11.06.305. Filling. Filling means the act of transporting or
placing (by any manner or mechanism) fill material from, to, or on any
surface water body or wetland, soil surface, sediment surface, or other fill
material.
Sec. 11.06.307. Fish and wildlife habitat conservation area.
Fish and wildlife habitat conservation area means and includes the
following: habitat where federally and state endangered threatened and
sensitive species have a pri ary association' state rp igrity habitats and
areas associated with state priority s ep Gies' habitats and areas associated
with species of local impo lance (as determined by the city)' naturally
occurring-ponds less that twenty acres and their submerged aquatic beds
which provide fish or wildlife habitat' and waters of the state.
Sec. 11.06.310. Forested wetland. Forested wetland means a
wetland defined by the Cowardin system with at least thirty F3&+-percent
of the surface area covered by woody vegetation greater than twenty{24)
feet in height that is at least partially rooted in the wetland.
Sec. 11.06.315. Functions, beneficial functions, or functions
and values. Functions, beneficial functions, or functions and values
means the beneficial roles served by wetlands including, but not limited to,
water quality protection and enhancement, fish and wildlife habitat, food
35 KCC 11.06
Critical Areas
Ordinance
48
chain support, flood storage, conveyance and attenuation, groundwater
recharge and discharge, erosion control, wave attenuation, historical and
archaeological and aesthetic value protection, and recreation. These
beneficial roles are not listed in order of priority.
Sec. 11.06.320. Geologic hazard areas. Geologic hazard areas
means lands or areas characterized by geologic, hydrologic, hhgeologic
vegetative and topographic conditions that render them susceptible to
varying degrees of potential risk of landslides, erosion, or seismic or
volcanic activity; and areas characterized by geologic.hhgeologic and
hydrologic conditions that make them vulnerable to contamination of
groundwater supplies through infiltration of contaminants to aquifers.
Sec. 11.06.325. Grading. Grading means any excavating, filling,
clearing, leveling, movement or red istribution—eei4eufwig of the ground
surface by human or mechanical means.
Sec. 11.06.330. Growing season. Growing season means the
average frost-free period of the year in Kent as recorded in National
Oceanic and Atmospheric Administration Frost/Freeze Data from
Climatology of the U.S., No. 20, supplement No. 1, or in equivalent U.S.
government agency records. Growing season, for the purposes of these
regulations, may be considered to be the period from March 1st through
October 31st of any calendar year.
Sec. 11.06.335. Habitat management. Habitat management
means management of land and its associated resources/features to
maintain species in suitable habitats within their natural geographic
distribution so that isolated subpopulations are not created. This does not
imply maintaining all habitat or individuals of all species in all cases.
36 KCC 11.06
Critical Areas
Ordinance
49
Sec. 11.06.340. Hydric soil. Hydric soil means soil that is
saturated, flooded, or ponded long enough during the growing season to
develop anaerobic conditions in the upper part. The presence of hydric soil
shall be determined following the methods described in the federal manual.
e
st-�ear�-�4rr�i+� �tHe-year-�}-are-errtsfd -arad�got-ccr�ttgrerr
te-arty-erred-�fE}9}-ye e�r+ver-east-�eat�ra�rd
r-we F eft tea Way a r e� t p Fr o
she-wate�eerm�eetstreat�rF��4ce-e�etHe�wetFar�
Sec. 11.06.350. Hydrophytic vegetation. Hydrophytic vegetation
means macrophytic plant life growing in water or on a substrate that is at
least periodically deficient in oxygen as a result of excessive water content.
The presence of hydrophytic vegetation shall be determined following the
methods described in the federal manual.
Sec. 11.06.355. In-kind compensation or mitigation. In-kind
compensation or mitigation means replacement of wetlands or other
critical areas with substitute wetlands or resources whose characteristics
closely approximate those destroyed or degraded by a regulated activity.
Sec. 11.06.357. Inundation Zone. Inundation zone means an
area where deposition or flow of debris rriudflows or related flooding
events from geologic and volcanic events on Mount Rainier may occur
within the city.
37 KCC 11.06
Critical Areas
Ordinance
50
Sec. 11.06.360. Intentionally created streams. Intentionally
created streams means manmade streams created through purposeful
human action, such as irrigation and drainage ditches, grass-lined swales,
and canals. This definition does not include stream modifications
performed pursuant to city authorization, such as changes or redirection of
stream channels, and does not include streams created as mitigation.
Purposeful creation must be demonstrated through documentation,
photographs, statements, efiEVor other evidence. Intentionally created
streams are excluded from regulation under this chapter, except manmade
streams that provide "critical habitat," as designated by federal or state
agencies, for anadromous fish.
Sec. 11.06.363. Isolated Wetlands. Isolated wetlands means
those wetlands that are outside of and not contiguous to any 100-year
floodplain of a lake river or strea and which have no contiguous h
soil or hxdroph tip c vegetation between the wetland and any su face water
including other wetlands. Any project involving filling or altering an
isolated wetland is subject to regulation by the State Depa tment of
Ecology under the Water Pollution Control Act, Chapter 90.48 RCW as
amended, in addition to this chapter. While wetland fill is also regulated by
the U.S. Army Corps of Engineers under the Federal Clean Water- Act4
isolated wetlands are not subject to federal review.
Sec. 11.06.365. Lahar. Lahar means mudflows or debris flows
associated with volcanic activity, arm which pose a threat to life, property;
afl&r structures.
38 KCC 11,06
Critical Areas
Ordinance
51
Sec. 11.06.370. Landslide. Landslide means episodic downslope
movement of a mass of soil or rock.
Sec. 11.06.375. Landslide hazard areas. Landslide hazard areas
means and includes:
1. Any existing active or dormant landslide or debris flow that has
shown movement during the Holocene epoch (from ten thousand E10,-909)
years ago to the present) or that areis underlain or covered by mass
wastage debris of that epoch.
2. Areas delineated in the Soil Survey, King County Area, Washington
(USDA, 1973) as having a "severe" limitation for building site
development. These soils consist of the following: Alderwood gravelly
sandy loam, fifteen (15) to thirty (30) percent slopes (AgD); Alderwood
and Kitsap soils, very steep (AkF); Beausite gravelly sandy loam, fifteen
(15) to thirty (30) percent slopes (BeD); Beausite gravelly sandy loam,
forty (40) to seventy-five (75) percent slopes (BeF); Everett gravelly
sandy loam, fifteen (15) to thirty (30) percent slopes (EvD); Indianola
loamy fine sand, fifteen (15) to thirty (30) percent slopes (InD); Kitsap silt
loam, eight (8) to fifteen (15) percent slopes (KpC); Kitsap silt loam,
fifteen (15) to thirty (30) percent slopes (KpD); Ovall gravelly loam, fifteen
(15) to twenty-five (25) percent slopes (OvD); Ovall gravelly loam, forty
(40) to seventy-five (75) percent slopes (OvF); Ragnar fine sandy loam,
fifteen (15) to twenty-five (25) percent slopes (RaD); and Ragnar-
Indianola association, moderately steep (RdE).
3. Areas designated as quaternary slumps, earth flows, mudflows, or
landslides on maps published by the U.S. Geological Survey, Washington
Department of Natural Resources,—ef- geologic consultant reports
39 KCC 11.06
Critical Areas
Ordinance
52
completed for the city of Kent or as identified on LIDAR map Col Ip eted
for the city of Kent.
4. Areas with all three of the following characteristics: slopes steeper
than fifteen (— percent; slopes intersecting granular material over silts or
clays; and springs or groundwater seepage or evidence of seasonal springs
or groundwater seepage.
5. Slopes that are parallel or subparallel to planes of weakness (such
as bedding planes, joint systems, and fault planes) in subsurface
materials.
6. Slopes subject to failure during seismic shaking.
7. Areas potentially unstable as a result of rapid stream incision or
stream bank erosion.
8. Areas located in a canyon or on an active alluvial fan, presently or
potentially subject to inundation by debris flows or catastrophic flooding.
9. Any area with a slope of forty f4 )-percent or steeper and with a
vertical relief of ten f4-&)-or more feet. A slope is delineated by establishing
its toe and top and measured by averaging the inclination over ten
feet of vertical relief.
Sec. 11.06.380. Mitigation Sequencing. Mitigation Sequencing
means that applicants shall demonstrate that all reasonable efforts have
been examined with the intent to avoid and minimize impacts to critical
areas. When an alteration to a critical area is �o op sed such an alteration
40 KCC 11.06
Critical Areas
Ordinance
53
shall be avoided minimized or compensated for in the following se uential
order of preference, pu suant to WAC 197-11-768, as amended.,
iTfGfl�ies=
1. Avoiding the impact altogether by not taking a certain action or
parts of actions.
2. Minimizing impacts by limiting the degree or magnitude of the action
and its implementation.
3. Rectifying the impact by repairing, rehabilitating, or restoring the
affected environment.
4. Reducing or eliminating the impact over time by preservation and
maintenance operations during the life of the action.
5. Compensating for the impact by replacing or providing substitute
resources or environments.
6. The enhancement, restoration, or creation of critical areas as
compensation for impacts resulting from development activities.
While monitoring without additional actions is not considered mitigation for
the purposes of these regulations, it may be part of a comprehensive
mitigation program.
Also see KCC 11.06.180. "Compensatory mitigation."
Sec. 11.06.385. Native vegetation. Native vegetation means
plant species indigenous to the Puget Sound region that could occur or
41 KCC 11,06
Critical Areas
Ordinance
54
could have occurred naturally on the site, which are or were indigenous to
the area inquestion.
ReseHF&—1
habitat
see definition of 'Wetlands' for
exclusions of certain typ-es of pands from regulation.
Sam. 11.06.390. Offsitammitiga&ion. 0ffsite mitigation means
performance of mitigation actions, pursuant to standards established in
this chapter, ona site orinan area other than that proposed for conduct
ofa regulated activity.
Sam. 11.06.395. Onsita mmitigation/mommpansation. 0ns/te
mitigation/compensation nnoano replacing wetlands or other resources at
or adjacent to the site on which a wetland or other resource has been
ngpaetedadversely affected bya regulated activity.
mark means that
nks and ascertainiag-where the
42 K(C11.06
Critical Areas
Ordinance
55
common and usual. d A�so Ion
continued in all ordinary years as tornark unon the scil a character
distinct from that of the abLitting-�pland,-Lo-Lgapggt-la-����
condition exists on
water mark ad
Sam. 11.06.400. Out-of-kind mitigation. Out-of-kind mitigation
means replacement of wetlands or habitat with substitute wetlands or
habitat whose characteristics do not closely approximate those adversely
affected, destroyed, or degraded bya regulated activity.
Sam. 11.06.405. Permanent erosion control. Permanent erosion
control means continuous onoito and offsite control measures that are
needed to control conveyance or deposition of earth, turbidity, or
pollutants after development, construction, orrestoration.
Sam. 11.06.410. Plant association of infrequent occurrence.
Plant association of infrequent occurrence means one kl+—or more plant
| species, which^ because of the rarity of the habitat aee�or the species
|
involved, or for other botanical or environmental reasons, do not often
occur in the city of Kent. Examples include but are not limited to:
1. Wetlands with a coniferous forested class or subclass consisting of
trees such aowestern red cedar, Sitka spruce, or lodge pole pine growing
on organic soils;
43 K(C11.06
Critical Areas
Ordinance
56
2. Bogs with a predominance of sphagnum moss, or those containing
sphagnum moss, and typically including one (4- or more species such as
Labrador tea, sundew, bog laurel, or cranberry.
{de err at-ure
G efR+ar y-i %+
pe�r�ta�er�FFy-trttn�..trt�-a yeas-tktar-i-r.�ar�-:��tev�t"s Ems}-fee�re}e{3tkts
that-de-net-Stf
e
def+r�ttio�� rtuf=wetFar�ds=ffrr�eFtisie s—freest
tegtrfatierr
Sec. 11.06.420. Practicable alternative. Practicable alternative
means an alternative that is available and capable of being carried out
after taking into consideration cost, existing technology, and logistics in
light of overall project purposes, and having less +r9pactteof a negative
effect on critical areas. It may involve using an alternative site in the
general region that is available to the applicant and may feasibly be used
to accomplish the project.
Sec. 11.06.425. Priority habitat/species, or priority wildlife
habitat/species. Priority habitat/species, or priority wildlife
habitat/species means habitats and species of local importance and
concern in urban areas, as identified by the Washington Department of
Fish and Wildlife priority habitat and species (PHS) program. "Priority
species" are wildlife species of concern due to their population status and
their sensitivity to habitat alteration. "Priority habitats" are areas with one
(4+or more of the following attributes: comparatively high wildlife density;
44 KCC 11.06
Critical Areas
Ordinance
57
high wildlife species richness; significant wildlife breeding habitat;
significant wildlife seasonal ranges; significant movement corridors for
wildlife; limited availability; and/or high vulnerability. General types of
priority habitat identified in the PHS program - some of which do not occur
in the city of Kent - include Aspen stands, cliffs, meadows, oak woodlands,
old-growth/mature forests, riparian areas, shrub-steppe, snag-rich areas,
and wetlands.
Sec. 11.06.430. Qualified a Rrafessional. Qualified
professional means a person with experience and training in the
pertinent scientific discipline and who is a qualified scientific expert with
expertise agp opriate for the relevant critical area subiect in accordance
with WAC 365-195-905 as amended A qualified professional must have
obtained a B.S. or B.A. or equivalent degree in biology engineering,
geology environmental studies fisheries, eg omorphology or a related
field or have at least five years of related work experience. A qualified
engineer geologist and hydrogeologist must have an active license to
practice within the State of Washin tg on.
1. A qualified professional for wetlands must be a professional wetland
scientist or meet the education requirements in this section and have at
least two years of full-time work experience as a wetlands professional,
ncluding delineating wetlands using the federal manuals and supplements,
preparing wetlands reports, conducting function assessments and
developing and implernenting mitigation Ip ans.
2. A qualified professional for habitat must have a degree in biology or
a related degree and professional experience related to the subiect
s ep ies
45 KCC 11.06
Critical Areas
Ordinance
58
3. A qualified professional for a geological hazard must be a
professional engineer or geologist licensed in the state of Washington.
4. A qualified professional for critical aquifer recharge areas must be a
hydrogeologist geologist e gineer or other scientist with experience in
preparing hydrogeologic assessments.
qbe -Ee 9 �e JY e e efatbe +e to e fe aetFa Fi
st-�e , er�vegetati y=a1�:�c,�-a
e-+�s8-eraeee:r:�
ale e _s—f fessie�Fai�
crcm"croi i�Gc�rsed-by-tl3e-'�sEaEe-@�Wa< H�-tk�<sEreN£F�FE
tv tttFErG'�-area-fR-£jtle"stte�@f'-�3Nff-7E5@e-uf-eeecEaN£E-Sttf�teS-d5}F}
SeEerety-ef-�MetFa+aci�erun«<s~�-es-e-pr� aF-avetFarad-se+er�t+r�-er=avetFara�}
'f3Fe fir-ire-i=a<<n i�@f' Ehe-tJtN-f3e5 -EIS-a-f{tta�tFie�
bee}eE 3F8 {- e eerwag
t-ar=lleer�sed- r-vart;zh�aic of v"Jaofi+r�ter�:
haPVeStiRg.
Sec. 11.06.440. Repair or maintenance. Repair or maintenance
means an activity that restores the character, scope, size, and design of a
46 KCC 11.06
Critical Areas
Ordinance
59
structure or land use to its previously authorized and undamaged
condition. Activities that change the character, size, or scope of a project
beyond the original design and drain, dredge, fill, flood, or otherwise alter
additional critical areas are not included in this definition.
Sec. 11.06.445. Restoration. Restoration means actions taken to
reestablish wetland, stream, or habitat functional values and
characteristics that have been destroyed or degraded by past alterations
(e.g., filling or grading). See also "Enhancement."
Sec. 11.06.450. Secondary habitat. Secondary habitat means
areas that offer less diversity of animal and plant species than priority
habitat but that are important for performing the essential functions of
habitat.
Sec. 11.06.455. Seismic hazard areas. Seismic hazard areas
means areas subject to a risk of earthquake damage due to soil
liquefaction. These areas generally contain satt-_wated-alluvial sediments.,
normally-consolidated glacial deposits vegetated materials (peat that
either are or can become saturated and poorly compacted fill that either is
or can become saturated. These areas are generallymapped as Category I
and Category II liquefaction susceptibility areas on maps contained within:
Palmer, Walsh, Logan, Gerstel, Liquefaction Susceptibility for the Auburn
and Poverty Bay 7.5-Minute Quadrangles, Washington, Washington State
Department of Natural Resources, September 1995; Palmer, Shasse and
Norman, Liquefaction Susceptibility for the Des Moines and Renton 7.5-
Minute Quadrangles, Washington, Washington State Department of Natural
Resources, December 1994; and slopes that could fail during an
earthquake. In the city of Kent, these slope areas are generally antled
with eeii,�-,t-af-Vashon ice-contact deposits e+ ( �e4
47 KCC 11.06
Critical Areas
Ordinance
60
efepe-er . Vashon ice-contact deposits (Qvi) are mapped in: Luzier,
Water Supply Bulletin No. 28, Geology and Ground-Water Resources of
Southwestern King County, Washington, State of Washington Department
of Water Resources, 1969 Booth DB and Waldron H I Geolo ig c Map of
the Des Moines Quadrangle King .Washington 2004 Booth DB,
Waldron HH and Troost KG Geologic Map of the Poverty Bayuadrangle
King County Washington 2004.
Sec. 11.06.460. Scrub-shrub wetland. Scrub-shrub wetland
means a wetland with at least thirty (3&�-percent of its surface area
covered by woody vegetation less than twenty (20) feet in height as the
uppermost strata.
Sec. 11.06.465. Sensitive area tract. Sensitive area tract means
a separate tract that is created to protect at4e se s tFve critical area and
its buffer.
Sec. 11.06.470. Site. Site means the location containing a
regulated critical area and on which a regulated activity is proposed. The
location may be a parcel or portion thereof, or any combination of
contiguous parcels, where a proposed activity may +�affect a critical
area.
Sec. 11.06.475. Slope. Slope means an inclined earth surface, the
inclination of which is expressed as the ratio of horizontal distance to
vertical distance.
Sec. 11.06.480. Slope, top. Slope, top means the uppermost limit
of an area where the ground surface drops ten (14)-feet or more vertically
48 KCC 11.06
Critical Areas
Ordinance
61
within a horizontal distance of twenty-five f23}feet on slopes greater than
forty E4 percent.
Sec. 11.06.485. Streams. Streams means those areas where
surface waters produce a defined channel or bed. A defined channel or bed
is an area •ethat demonstrates clear evidence of the passage of water
and includes, but is not limited to, bedrock channels, gravel beds, sand
and silt beds, and defined-channel swales. The channel or bed need not
contain water year-round. This definition is not intended to include
artificially created irrigation ditches, canals, storm or surface water
devices, or other entirely artificial watercourses, unless they are used by
salmonids or created for the purposes of stream mitigation.
Sec. 11.06.490. Stream reconnaissance report. Stream
reconnaissance report means a type of critical area report prepared by an
applicant's qualified professional to describe a stream and to
characterize its conditions, wildlife, habitat values, and water quality.
Sec. 11.06.495. Structural diversity, vegetative. Structural
diversity, vegetative means the relative degree of diversity or complexity
of vegetation in a wildlife habitat area as indicated by the stratification or
layering of different plant communities (e.g., ground cover, shrub layer,
and tree canopy); the variety of plant species; and the spacing or pattern
of vegetation.
Sec. 11.06.505. Sub-basin. Sub-basin means a smaller drainage
basin that is pa t of a larger drainage basin or watershed.
Sec. 11.06.500. Substantial improvement or reconstruction.
Substantial improvement or reconstruction means any repair,
49 KCC 11.06
Critical Areas
Ordinance
62
reconstruction, or improvement the cost of which is more than fifty f5%
percent of the market value of the structure either (1) before the
improvement is started or (2) before the damage occurred if the structure
damaged is being replaced. An improvement occurs when the first
alteration of any wall, ceiling, floor, or other structural part of the building
commences, whether or not the alteration affects the external dimensions
of the structure. Substantial improvement does not include (1) an
improvement to comply with existing state or local health, sanitary or
safety (International Building Code/International Fire Code) specifications
which are necessary to assure safe conditions; or (2) alteration of a
structure listed on the National Register of Historic Places or a state
inventory of historic places.
Sec. 11.06.505. Substrate. Substrate means the soil, sediment,
decomposing organic matter, or combination of those located on the
bottom surface of the wetland, lake, stream, or river.
Sec. 11.06.510. Temporary erosion control. Temporary erosion
control means onsite and offsite control measures that are needed to
control conveyance or deposition of earth, turbidity, or pollutants during
development, construction, or restoration.
Sec. 11.06.515. Unavoidable and necessary impacts.
Unavoidable and necessary impacts means impacts to wetlaigdsa critical
area or applicable buffers that remain after an applicant has demonstrated
that no practicable alternative exists for the proposed project. These
impacts are subject to the mitigation provisions contained in this chapter.
Sec. 11.06.520. Utility. Utility means natural gas, electric,
telephone, and telecommunications, cable communications, water, sewer,
50 KCC 11.06
Critical Areas
Ordinance
63
or storm drainage and their respective facilities, lines, pipes, mains,
equipment, and appurtenances.
Sec. 11.06.525. Volcanic hazard area. Volcanic hazard area
means an area subject to a risk of inundation by lahars or other related
flooding events resulting from volcanic activity originating from Mount
Rainier. These areas are mapped as Inundation Zones for Class M lahars
on maps contained within: Hoblitt, R.P., Walder, J.S., Driedger, C.L., Scott,
K.M., Pringle, P.T., and Vallance, J.W., Volcano Hazards from Mount
Rainier, Washington, U.S. Geologic Survey Open File Report 98-428, 1998.
Sec. 11.06.530. Wetland. Wedand or wetlands means areas that
are inundated or saturated by surface water or groundwater at a frequency
and duration sufficient to support, and that under normal circumstances do
support, a prevalence of vegetation typically adapted for life in saturated
soil conditions. Wetlands generally include swamps, marshes, bogs, and
similar areas. Wetlands do not include those artificial wetlands intentionally
created from nonwetland sites, including, but not limited to, irrigation and
drainage ditches, grass-lined swales, canals, detention facilities,
wastewater treatment facilities, farm ponds, and landscape amenities, or
those wetlands created after July 1, 1990, that were unintentionally
created as a result of construction or alteration of a public road, street, or
highway. However, wetlands include those artificial wetlands intentionally
created to mitigate conversion of wetlands. Identification of wetlands and
delineation of their boundaries pursuant to this chapter shall be dane in
accordance with the ap roved federal wetland delineation manual and
applicable regional supplements as set fo th in WAC 113-22-035, as
amended.Fe de F€y a d weFFaads tF Wa FFetate
fetFaad Fde Ffi+ ate Maataf fC-ee 47-"ha4—be
tried- Wetlands determined prior converted cropland (PCC) by federal
51 KCC 11.06
Critical Areas
Ordinance
64
agencies may still be considered wetlands by the city of Kent. If these
wetlands meet requirements of the approved federal wetland delineation
manualWasl gF .-State—DepaAmefltef� ivaF, the wetlands
shall be regulated, and the critical area shall be protected like any other
wetland pursuant to this code.
Sec. 11.06.533. Wetland category. Wetland category means the
numeric designation (I through IV) assigned to a wetland to provide an
indication of that wetland's overall function and value. Wetland categories
rank the city's wetlands from highest (Category I) to lowest (Category IV).
Sec. 11.06.535. Wetland class. Wetland class means the U.S.
Fish and Wildlife Service wetland classification scheme that uses an
hierarchy of systems, subsystems, classes, and subclasses to describe
wetland types (refer to USFWS, December 1979, Classification of Wetlands
and Deepwater Habitats of the United States for a complete explanation of
the wetland classification scheme). Eleven {44}class names are used to
describe wetland and deepwater habitat types. These include: forested
wetland, scrub-shrub wetland, emergent wetland, moss-lichen wetland,
unconsolidated shore, aquatic bed, unconsolidated bottom, rock bottom,
rocky shore, streambed, and reef.
Sec. 11.06.540. Wetland edge. Wetland edge means the
boundary of a wetland as delineated based on the definitions in this
chapter and the procedures specified in this chapter.
Sec. 11.06.543. Wetlands of hioh conservation value
,(tarevsously known as natural heritacae wetlandj. Wetlands of him
conservation value means wetlands identified by the Washington State
Department of Natural Resources Natural Heritage Program as either- high-
52 KCC 11.06
Critical Areas
Ordinance
65
conservation
value inventories are available from the-Washin_gton State Depa�ent of
Natural Resources.
Sam. 11.06.545. Wildlife habitat. Wildlife habitat means areas
that provide food, protective cover, nesting, loafing, breeding or
movement for fish and wildlife and with which individual species have a
primary association. Wildlife habitat includes naturally occurring ponds less
than+o+ek*=Lwonty�,�acrooinep*aSize.
means a fence that ials of all sizes
Lo—
�or
| adle]lg[- Q
| ------ -------
Article III. General Mitigation and Monitoring
Sam. 11.06.550. Mitigation standards.
A. Mitigation sequencing shall be avoidance, minimization, mitigation.
Any proposal to impact a critical area shall demonstrate that itio
unavoidable or will provide a greater function and value to the critical area.
D. Adverse impacts to critical area functions and values shall be
mitigated. Mitigation actions shall bo implemented in the preferred
| sequence as identified nr Proposals
� ��� ... ~~r` �
53 K(C11.06
Critical Areas
Ordinance
66
.that include less preferred ef*or compensatory mitigation shall
demonstrate that:
1. All feasible and reasonable measures have been taken to
reduce impacts and losses to the critical area, or to avoid impacts where
avoidance is required by these regulations,,
tFio-t+sand-�;999}-square-f��� 3;ze-{3tr��a��t to-�u-11 8�-a-16(-�}—Fa�
the-p Fposes---ef tH s seet e , eg eaHy re eFFa ad shal4-be
2. The restored, created, or enhanced critical area or buffer will
at a minimum be as viable and enduring as the critical area or buffer area
it replaces.
3. In the case of wetlands and streams, no overall net loss will
occur in wetland or stream functions and values. The mitigation shall be
functionally equivalent to the altered wetland or stream in terms of
hydrological, biological, physical, and chemical functions.
4. In the case of isolated emergent Category III or IV wetlands
less than five thousand square feet in size avoidance of impacts is not
equired. However replacement wetland area must be created pursuant to
KCC 11.06.660.D.
C. Mitigation banking and in-lieu fee mitigation. The city mawapprove
mitigation banking or in-lieu fee mitigation as a form of compensatory
mitigation for wetland and habitat conservation area impacts when the
provisions of this chapter require mitigation and the use of a miti ag tian
banknin-lieu fee grogram will provide equivalent or greater- replacement of
54 KCC 11.06
Critical Areas
Ordinance
67
critical area functions and values . hen com�aredto conventional
and in-lieLl fee
can be demonstrated-that they
riservation of
mtical areasimportant speciesand—habitats-or habitat linkages and
ide a viable alternative to the
not be used unless
| action.
| Sam. 11.06.560. Location and timing of
mitigation.
A. Mitigation shall bo provided onoito where possible, unless the
director agrees that a higher function and value can be accomplished
offsite within the same drainage basin. Mitigation may be allowed offsite
only when
| hatonoitonnidgadonio not odontificaUyfeasible or
| �
practical due to physical features of the property. The burden of proof shall
boon the applicant to demonstrate that mitigation cannot boprovided
ono/to.
D. When mitigation cannot be provided onoito, mitigation shall be
provided in the same drainage basin ao the permitted activity onproperty
owned, secured, or controlled by the applicant where such mitigation io
practical and beneficial to the critical area and associated resources.
Mitigation sites shall be located within the city, unless otherwise approved
by the director.
55 K(C11.06
Critical Areas
Ordinance
68
C. In-kind mitigation shall be provided except when the applicant
demonstrates, and the director concurs, that greater function and value
can be achieved through out-of-kind mitigation.
D. When wetland, stream, or habitat mitigation is permitted by these
regulations onsite or offsite, the mitigation project shall occur near an
adequate water supply (river, stream, groundwater) with a hydrologic
connection to the critical area to ensure a successful mitigation or
restoration. A natural hydrologic connection is preferential as compared to
one which relies upon manmade features requiring routine maintenance.
E. Any agreed upon mitigation plan shall be completed prior to
issuance of a building or construction permit, unless a phased or
concurrent schedule that assures completion prior to occupancy has been
approved by the department.
Sec. 11.06.570. Mitigation monitoring.
A. For any actions permitted by this chapter which require a mitigation
plan, a monitoring program shall be prepared and implemented by the
applicant to evaluate the success of the mitigation project and to
determine necessary corrective actions. This program shall determine if
the original goals and objectives of the mitigation plan are being met. The
monitoring program shall be submitted to, reviewed, and approved by the
department as a part of the mitigation plan.
B. The monitoring program shall include a contingency plan in the
event that implementation of the mitigation plan fails to satisfy the
approved goals and objectives. A
56 KCC 11.06
Critical Areas
Ordinance
69
be,F96financial guarantee or other ^pt=`I_ security device. acceptable to
both the director and the city attorney, is required to ensure the
applicant's compliance with the terms of the approved mitigation plan. The
amount of the financial guarante shall
equal one hundred twenty-five E125}percent of the cost of the mitigation
project for the length of the monitoring period. Financial guarantees shall
not be reduced or released until the maintenance and monitoring period is
complete and has been approved Jnvmrung by the di
C. The following elements shall be incorporated into monitoring
programs prepared to comply with this chapter and shall be a part of the
approved mitigation plan:
1. Appropriate, accepted, and unbiased qualitative or precise
and accurate quantitative sampling methods to evaluate the success or
failure of the project.
2. Quantitative sampling methods that include permanent
photopoints installed at the completion of construction and maintained
throughout the monitoring period, permanent transects, sampling points
(e.g., quadrants or water quality or quantity monitoring stations), and
wildlife monitoring stations.
3. Clearly stipulated qualitative and quantitative sampling
methods.
4. Appropriate qualitative and{eF quantitative performance
standards that will be used to measure the success or failure of the
mitigation. These will include, at a minimum, standards for plant survival
and diversity, including structural diversity, the extent of wetland
57 KCC 11.06
Critical Areas
Ordinance
70
hydrology, hydric soils, and habitat types and requirements as appropriate.
Where plantings are proposed, a soil analysis is required. Soil
amendments shall be considered as appropriate for site conditions.
5. Monitoring programs shall be for a period of at least five (34
years and include at a minimum: preparation of an as-built plan; annual
monitoring and preparation of annual monitoring reports following
implementation; and a maintenance plan. Monitoring_periods may be
reduced to three yeas at the discretion of the director if the annual
monitoring report proves that the mitigation a�oject has met established
performance standards. More stringent monitoring requirements may be
required on a case-by-case basis for more complex mitigation plans.
6. Monitoring reports shall be submitted to the department at
intervals identified in the approved mitigation plan. A schedule for the
submittal of monitoring reports and maintenance periods shall be
described in the approved mitigation plan. The reports shall be prepared
by a qualified een98k,-4 professional and must contain all qualitative and
quantitative monitoring data, photographs, and an evaluation of each of
the applicable performance standards. If performance standards are not
being met, appropriate corrective or contingency measures must be
identified and implemented to ensure that performance standards will be
met.
7. The director may extend the monitoring period beyond the
minimum time frame if performance standards are not being met at the
end of the initial five (J�year period; and may require additional financial
-- `--F"-gguarantees to ensure that any additional monitoring
and contingencies are completed to ensure the success of the mitigation.
58 KCC 11,06
Critical Areas
Ordinance
71
Article IV. Wetlands
Sec. 11.06.580. Wetlands rating system.
A. Wetlands are classified as Category I, II, III, or IV based on the
2014 Washington State Wetland Rating System for Western Washington,
Washington State Department of Ecology Publication No. 14-06-
029, published October, Aegg-.�2014.
B. Wetland rating categories shall not recognize illegal modifications
that have been made to a wetland or its buffers.
Sec. 11.06.590. Determination of wetland boundary by
delineation.
A. The approved federal wetland delineation manual and applicable
egional sup lements shall be used to conduct wetland delineations.
Delineations shall be required when a development is proposed on
property containing wetlands identified on the city of Kent wetland
inventory or when any other credible evidence may suggest that wetlands
could be present. Delineations shall also be performed when the evidence
suggests that buffers f wetlands on adjacent properties may have an
impact on the proposed development.
B. The exact location of the wetland boundary shall be determined
through the performance of a field investigation applying the wetland
definition of this chapter.
59 KCC 11,06
Critical Areas
Ordinance
72
expeFts eF etheF expeFts as igeeded te peFfeFR9 the del.:..--:_... Where the
applicant has provided a delineation of the wetland boundary, the
department shall verify the accuracy of, and may render adjustments to,
the boundary delineation. The decision of the department may only be
appealed pursuant to procedures outlined in this chapter.
C. The delineation shall contain the following information:
1. A written assessment and accompanying maps of wetlands
and buffers within two hundred seventy-five f2,LS3 feet of the project area,
including the following information at a minimum: all known wetland
inventory maps (including a copy of the city of Kent wetland inventory
map); field delineation data sheets wetland rating forrns,_wetland
delineations and required buffers; existing wetland acreage; wetland
category; vegetative, faunal, and hydrologic characteristics; soil and
substrate conditions; and topographic data.
2. A discussion of measures, including avoidance, minimization,
and mitigation proposed to preserve existing wetlands and restore any
wetlands that were degraded prior to the current proposed land use
activity a discussion of the wetland`s h dy rolagic regi e discussion of
existing wetland functions landscape setting and discussion of potential
direct or indirect pacts that ay occur to the wetland due to the
proposed activity.
3. A habitat and native vegetation conservation strategy that
addresses methods to protect and enhance onsite habitat and wetland
functions.
60 KCC 11.06
Critical Areas
Ordinance
73
D. A wetland delineation .ethat has been e- Qapproved by the
department pursuant t or land use
ap rp oval EPA+evlew-for a proposed project shall be binding upon the city
and the applicant. If the department has approved a wetland delineation
report k .,that is not errnit or land
use a� rp oval rfg�+—SPA— ef—t atiert
_..._.or the ek1department has approved a wetland delineation
report for another purpose, the wetland delineation report shall be valid for
a period of fivetwe+2Lj years from the date of the approved report.
Sec. 11.06.600. Wetland buffers and building setback lines.
A. Purpose.
1. The establishment of buffers is required for all develop lent
proposals and activities in or adjacent to wetlands. The impose of the
buffer is to protect the integi tv function value and resources of the
wetland. Buffers shall typically consist of an undisturbed area of native
vegetation established to achieve the purpose of the buffer- No buildings4
structures im envious su faces or nonnative landscap ng are allowed in a
buffer- unless otherwise permitted by this chapter. Where flexible buffer
widths are permitted by this chapter such enhancement shall be
considered in determining alp opriate buffer widths. Buffers must be
protected during construction by placement of a temporary barricade
notice of the presence of the critical area and implementation of
app—ropriate erosion and sedimentation controls.
2. Re aired buffer widths shall reflect the functions and values
of the wetland the risks associated with develop ent and the type and
61 KCC 11.06
Critical Areas
Ordinance
74
ntensity of hu an activitpro osed to be conducted near the wetland in
those circumstances where such activity is permitted by these regulations.
B. Standard buffer widths.
1. Standard buffers shall be determined by the wetland category
pursuant to KCC 11.06.580 and the habitat score from the Washington
State Wetland Rating System for Western Washington, Washington State
Department of Ecology Publication No. 14-06-0299 , published
October,-Al Kjg ist 29942014. Standard buffers shall be applied to wetlands
unless otherwise reduced pursuant to subsection (CB) of this section,
increased pursuant to subsection (DE) of this section, or otherwise
adjusted under other provisions of this chapter. Standard buffers (in feet)
and reduced buffers permitted pursuant to subsection &LQ of this section
are provided in the following table:
3-4 oint 5-7_points A-g points
IV
Habitat Subsection Subsection Subsection
Score 3-4 C of Thi 5-7 C of 1'hi B-g C of This
LFoRintsl R2intr Section Rgints Section R2intr Section
(Category I 125 100 150 125 225 I200
(Category II 100 I75 125 I110 200 175
(Category I75 60 125 110 n/a n/a
62 KCC 11.06
Critical Areas
Ordinance
75
3-4 oint 5-7_popnts §-g points
WL WL era
Habitat Subsection Subsection Subsection
Score 3-4 C of Thi 5-7 C of TM ES-9 C of This
points R2intr Section Rgints Section R2intr Section
III
Category IV 50 40 n/a n/a n/a n/a
2. Wetland buffer zones shall be required for all regulated
activities adjacent to wetlands. Any wetland created, restored, or
enhanced as compensation for approved wetland alterations shall also
include the standard buffer required for the category of the created,
restored, or enhanced wetland. All buffers shall be measured from the
wetland boundary as surveyed in the field. The width of the wetland buffer
zone shall be determined according to the rating assigned to the wetland.
3. Bogs shall have a standard buffer of two hundred fifteen
-feet. However, a twenty-five (-2-5}-foot reduction is allowed with
implementation of subsection B� of this section.
4. onservation value
shall have a standard buffer of two hundred fifteen {215}feet. However, a
twenty-five f2-5-�foot reduction is allowed with implementation of
subsection &LQ of this section.
63 KCC 11.06
Critical Areas
Ordinance
76
[2,. Reduced buffer widths. Standard buffer widths as noted in
subsection-C of
buffer- enhancerne pplicant must
demonstrate that b hancin the buffer and use of applicable rnitigation
measures identified in the-followinq table the reduced buffer will function
a level of the standard buffer.
ed below. A reduced buffer will
b. wildlife,
or theirhabitat
C. It will not result in an alteration Of Current drainage
and storrnwater detention caUgbilities,
d. It will not lead to unstable earth conditions or create
an erosion hazard
e. It will not er
pro2efty-��� and
f. All ex osed areas are stabilized with native vegetation
as appropriate
| 1. --_Standard buffer widths as noted in subsection ArLB}_ofthis
|
section may bo reduced, ao provided in that subsection's table, ifthe
64 K(C11.06
Critical Areas
Ordinance
77
applicant implements all applicable mitigation measures identified in the
following table:
Examples o
Examples ctivities and Use Measures t
of That Caus Minimize
Disturbance Disturbances Impacts
Lights • Parking lots • Direct lights
• Warehouses away from
• Manufacturing wetland
• Residential
Noise • Manufacturing Locate
• Residential activity that
generates
noise away
from wetland
Toxic • Parking lots Route all
runoff* • Roads new,
• Manufacturing untreated
• Residential areas runoff away
• Application of from wetland
agricultural pesticides while ensuring
• Landscaping wetland is not
dewatered
• Establish
covenants
limiting use of
pesticides
within 150 feet
65 KCC 11.06
Critical Areas
Ordinance
78
Examples o
Examples ctivities and Use Measures t
of That Caus Minimize
Disturbance Disturbances Impacts
of wetlands
• Apply
integrated
pest
management
Change in • Impermeable • Infiltrate or
water surfaces treat, detain,
regime • -Lawns and disperse
• Tilling into buffer
new runoff
from
impervious
surfaces and
new lawns
Pets and • Residential areas
human €ems plaigt
disturbance dense rgat
del e
a+9d
d seear-acde
a�e�
plaee wetlaigd
eRd
66 KCC 11.06
Critical Areas
Ordinance
79
Examples o
Examples ctivities and Use Measures t
of That Caus Minimize
Disturbance Disturbances Impacts
bHffeF7'eeFF de
0 9 a-sepaF-at
tFa&te�
eaaengeigR
Contain pets
to prevent
disturbance
i.e. dog run,
chicken coop
Dust • Tilled fields 0
Use best
management
practices to
control dust
* These examples are not necessarily adequate for
minimizing toxic runoff if threatened or endangered
species are present.
• This is not a complete list of measures. Other
similar measures may be proposed by the applicant
for approval by the director or his/her designee.
• Applicant shall discuss all applicable mitigation
measures in the mitigation plan, including benefits
to the wetlands for those used and rationale for not
including specific measures.
DE. Increased buffer widths.
67 KCC 11.06
Critical Areas
Ordinance
80
1. If a Category I or II wetland with a habitat score greater than
fivetweRty „points is located within three hundred „feet of a
priority habitat area as defined by the Washington-State Department of
Fish and Wildlife, or as mapped by the city of Kent as a priority habitat
area in accordance with the Washington State-Department of Fish and
Wildlife definitions, the buffer established in subsection Af l of this section
shall be increased by fifty(3 feet unless:
a. The applicant provides a relatively undisturbed
vegetated corridor at least one hundred (4&9j-feet wide between the
wetland and all priority habitat areas located within three hundred {3G%
feet of the wetland. The corridor shall be protected for the entire distance
between the wetland and the priority habitat area pursuant to
KCC 11.06.640; and
b. The applicant incorporates all applicable mitigation
design criteria pursuant to subsection Bf C of this section.
2. The director may require increased buffer widths on a case-
by-case basis when a larger buffer is necessary to protect species listed by
the federal government or the state as endangered, threatened, sensitive,
or documented priority species or habitats. Such increased buffers shall be
based on recommendations by a qualified professional wetland biologist
and, if applicable, best management practices for protection of the species
adopted by an agency with jurisdiction.
68 KCC 11.06
Critical Areas
Ordinance
81
ED. Buffer averaging-
1. Wetland buffer width averaging shall be allowed where the
applicant demonstrates the following:
a. The ecological functions and values of the buffer after
averaging are equivalent to or greater than the functions and values before
averaging as determined by a qualified professional and as
approved by the city. Properly functioning buffers shall not be reduced
through buffer averaging except in exceptional circumstances, such as a
need to gain access to property or other similar circumstances, to be
approved by the director.
b. Averaging will not adversely impact the wetland
functions and values.
69 KCC 11.06
Critical Areas
Ordinance
82
C. The total area contained within the wetland buffer after
averaging shall be no less than the total area contained within the
standard buffer prior to averaging.
d. At no point shall the buffer width be reduced by more
than fifty-twent five ive (3 percent of the standard buffer or be less than
tWeR`�' P ;�thirty-seven and one half feet.
e. The additional buffer shall be contiguous with the
standard buffer and located in a manner to provide buffer functions to the
wetland.
f. If the buffers are degraded pursuant to KCC 11.06.227,
they shall be restored pursuant to an approved restoration/enhancement
plan.
g. If restoration or enhancement of the buffer is required
in order to establish a suitable growth of native plants, maintenance and
monitoring of the buffer for a period of at least� five (-3}-years shall be
provided pursuant to an approved monitoring plan as required by
KCC 11.06.570, including an appropriate financial guarantee until the
maintenance and monitoring period is completed and has been approved
by the city.
FE. Buffer restoration required. If the buffers, including both standard
buffers and buffers which are averaged, are degraded, they shall be
restored during development pursuant to an approved restoration plan. If
the plan includes establishing a suitable growth of native plants,
maintenance and monitoring of the buffer for a period of at least tlhr five
(3 years shall be provided pursuant to an approved monitoring plan as
70 KCC 11.06
Critical Areas
Ordinance
83
required by KCC 11.06.570, including an appropriate financial guarantee
until the maintenance and monitoring period is completed and has been
approved by the city. Where it can be demonstrated that there will be no
impacts from the proposed development to the wetland or wetland buffer,
the director shall have the authority to waive or modify this requirement.
4;�G. Required report for buffer awe n=ducbon eRd7tor
fee6ees,eaveraging. A request to reduce the buffer- or buffer average
pursuant to subsections B C or E.)-of this section shall be supported by a
buffer enhancement/restoration plan prepared by a qualified professional.
The plan shall assess the habitat, water quality, storm water detention,
groundwater recharge, shoreline protection, and erosion protection
functions of the buffer; assess the effects of the proposed decreased or
modified buffer on those functions; and address the applicable criteria
listed in this section. A buffer restoration and/or enhancement plan shall
also provide the following: (1) a map locating the specific area of
restoration apd/or enhancement; (2) a planting plan that uses native plant
species indigenous to this region including groundcover, shrubs, and trees;
and (3) provisions for monitoring and maintenance throughout the
monitoring period.
HG. Buffer condition. Except as otherwise allowed by this section,
wetland buffers shall be retained in their natural condition. Where buffer
disturbance has occurred during construction, re-vegetation with native
vegetation shall be required pursuant to an approved
restoration/enhancement plan consistent with this code.
IH. Buffer utilization for landscape requirements. Enhanced wetland
buffers may be used to satisfy landscaping requirements in Chr.Chapter
15.07 KCC wkeFewhen all of the following criteria are satisfied:
71 KCC 11.06
Critical Areas
Ordinance
84
1. The buffer, as enhanced by applicant, will provide equivalent
or greater protection of wetland functions.
2. The enhanced buffer will meet the landscaping requirements
as outlined in Chr.Chaoter 15.07 KCC. The proposed landscape vegetation
satisfies wetland buffer vegetation requirements.
3. The enhanced buffer is of the full landscape width required by
ClrChaoter 15.07 KCC.
31. Permitted uses in a wetland buffer. Activities shall not be allowed in
a wetland buffer except for the following, and then only when properly
mitigated and conducted in a manner- so as to minimize impacts to the
buffer-and the-ad cent wetland:
1. When the improvements are part of an approved
enhancement, restoration, or mitigation plan.
2. For construction of new public or private roads and utilities,
and accessory structures, when no practicable alternative location exists.
3. Construction of foot. pedestrian or bicycle trails, according to
the following criteria:
a. Designed to minimize impact on the wetland s s
bBe��1�e�—te— r�Fie
s
72 KCC 11.06
Critical Areas
Ordinance
85
bd. Where feasible, located within the outer half of the
buffer, i.e., the portion of the buffer that is farther away from the
wetlandstFea.;i, except to cross a wetlandetFeafl3 when approved by the
city and all other applicable agencies and except as appropriate to provide
outlook points or similar locations for recreational educational, scientific,
and other purposes which will not adversely affect the overall functions
and values of the wetland.
4. Construction of footbridges and boardwalks.
5. Construction of educational facilities, such as viewing
platforms and informational signs.
6. The cConstruction of outdoor recreation structures, such as
fishing piers, boat launches, arid-benches. and picnic tables.
7. Maintenance of ffeexisting facilities or temporary uses having
minimal adverse impacts on buffers and no adverse impacts on wetlands.
These may include but are not limited to: maintenance of existing drainage
facilities, low intensity passive recreational activities such as pervious
trails, nonpermanent wildlife watching blinds, short-term scientific or
educational activities, and sports fishing.
8. Stormwater discharge outlets with energy dissipation
structures as approved by the city of Kent. Unless otherwise approved by
the director, these shall be located as close to the outer perimeter of the
buffer as a��feasible &pthrough proper design and function of the
73 KCC 11.06
Critical Areas
Ordinance
86
discharge system. To the extent that construction of such outlets impacts
vegetation in the buffer, restoration of the vegetation shall be required.
9. Ongoing city maintenance activities by its public works and
parks department vegetation and management divisions shall be permitted
to continue general maintenance of wetlands and associated buffers.
Maintenance shall include but not be limited to trash removal, removal of
nonnative vegetation, maintenance of existing vegetation as necessary,
restoration, enhancement, and sign and fence maintenance.
K4. Building setback lines. A minimum SHId Rg SetbaelE I PeBSBL of
fifteen {�S�feet shall be required from the edge of a wetland buffer,
provided the director may reduce the building setback limit by up to five
(J�feet if construction, operation, and maintenance of the building dedoes
not and will not create a risk of negative impacts on the adjacent buffer
area. Alterations of the building setback lines shall not be permitted to
create additional lots for subdivisions. Approval of alterations of the BSBL
shall be provided in writing by the director, , and may
require mitigation such as buffer enhancement.
Sec. 11.06.610. Avoiding wetland impacts. Regulated activities
shall not be authorized in Category I wetlands except where it can be
demonstrated that the impact is both unavoidable and necessary as
described below, or that all reasonable economic uses are denied.
A. W4ief-e-wate- �a�= aett vlt es e-3fepeeed-t aao t ab e a d
rre�
e3:ist vaFi+e�i-werrfd-�€rt-Fr�veFve-w , r-wFi+e#i-werrfd-riot-ke
css—vi—a�� uvHel'<se-4FFtI36ac—v��—o--ev crvc urn
StE,�i�FFfGfi4 .�e�tIP�E-f"*�-
74 KCC 11.06
Critical Areas
Ordinance
87
Where egulated activities are proposed, the
applicant must demonstrate that:
1. The basic project purpose cannot reasonably be accomplished
using an alternative site in the general region that is available to the
applicant.
2. A reduction in the size, scope, configuration, or density of the
project as proposed; and all alternative designs of the project as proposed
that would avoid or result in less adverse impacts on a wetland or its
buffer will not accomplish the basic purpose of the project.
3. In cases where the applicant has rejected alternatives to the
project as proposed due to constraints such as zoning, deficiencies of
infrastructure, or parcel size, the applicant has made a reasonable attempt
to remove or accommodate such constraints.
EB. Filling of beq+ea an isolated emergent Category III or
Category IV wetland less than five thousand (5,999) square feet in size
shall be permitted, provided a replacement wetland area is created
pursuant to KCC 11.06.660(D).
P4. t-el YV ailtF3-PPi crt .5-a"r'.. iiQC-GQiY��G4cGT.r-CCI-i- r"�Klefe
fGategept4V--w y wet d5 w kriF TSeeFe4ess- 9
75 KCC 11.06
Critical Areas
Ordinance
88
Yvr�tch Ve3CtYltYl-hYC"�MttF�g-ef-t'ITJ-tMJrGTiYIX�f Ce�f C� , �3gtFa�e
the�andaFd�v:
9-------4+e ,
tFie-d+�....t.�-s"ra44 �ncferde-arry-areas-that-Have-bee, -;fled-��tee-kr�ta+�-3�
x7rx--r --rr--rrvc �^,-r�.`4�-or-cr-d3ccrcxrrer-detr�
H:f} fft�fve. truersi-.hqe�}-addttte�e eet crn�7 lhis
seetre poso:' f�ii- vex-tenthensar�d-F1�}�96&}-stare-feet-�rxtst
4eR eS acts-
Sec. 11.06.630. Fencing and signage. All development and
subdivisions to which this chapter applies shall construct a wildlife-
passable fence along the entire wetland buffer edge, unless otherwise
approved by the director. Critical Ake--area signs must also
be attached to the fence or located just inside the wildlife-passable fence
attached to a four f4)-by four {4)-inch cedar post (or other nonpressure
treated materials approved by the city). Signs must be located at a rate of
one {l}sign per residential lot and one (}sign per one hundred fl,9%
feet for all public rights-of-way, trails, parking areas, playgrounds, and all
other uses located adjacent to wetlands and associated buffers.
Sec. 11.06.640. Sensitive area tracts`feasements.
A. Condition of approval. As a condition of approval pursuant to this
chapter, the director shall require creation of a separate sensitive area
tract containing the areas determined to be wetlands-af=�f}or wetland
buffers. Sensitive area tractsf or easements are separate tracts containing
wetlands and wetland buffers with perpetual deed restrictions requiring
76 KCC 11.06
Critical Areas
Ordinance
89
that the tracts remain undeveloped. Sensitive area tracts are an integral
part of the lot in which they are created, are not intended for sale, lease,
or transfer, and may be included in the area of the parent lot for purposes
of subdivision method and minimum lot size.
B. Protection of -wet(andsf and bufferssefrsrttee-eFea-tracts. The
director shall require that a sea ritical area be protected by one (1�
of the following methods:
1. Protection of a regulated wetland and its associated buffer-
shall be on which development is
prohibited' executing an easement in favor of the city,; in a form and
manner acceptable to both the director and the city attorney dedication to
a conservation organization or land trust' or similarlypreserved through a
permanent protective mechanism acceptable to the city. The location and
limitations associated with the wetland and its buffer- shall be shown on the
face of the deed or ?at as applicable to the property and shall be
recorded with the King County recorder`s office ' or e a a a9t-ssha4
lae+=ls ei€8e e
�I+ree�cr-en ease��terrt-ar-tr�Fhe-p�ete wltk
a-we4and-a+tdfer=+ts fffeF, car=
2. The applicant shall record against the property a permanent
and irrevocable deed restriction on all lots containing a sensitive area tract
or tracts created as a condition of approval. SHehAll deed restrictionfsj
shall be approved by the director and the city attorney and shall prohibit in
perpetuity the development, alteration, or disturbance of vegetation within
the sensitive area tract except for purposes of habitat enhancement as
part of an enhancement project which has received prior written approval
from the city and any other agency with jurisdiction over such activity.
77 KCC 11.06
Critical Areas
Ordinance
90
Sec. 11.06.650. Notice on title. The owner of any property with
field-verified presence of wetlands or wetland buffers for which a permit
application is submitted shall, as a condition of permit issuance, record a
notice of the existence of such wetland or wetland buffer against the
property with the King County recorder's office. The notice shall be
approved by the director and the city attorney for compliance with this
provision. The titleholder will have the right to challenge this notice and to
have it released if the wetland designation no longer applies; however, the
applicant shall be responsible for completing a wetland delineation report,
which will be subject to approval by the director. Any unapproved
alterations of a wetland will constituter a code violation and will be
enforced to the fullest extent of the Kent City Code.
Sec. 11.06.660. Compensating for wetland impacts.
A. Condition of approval. As a condition of any approval allowing
alteration of wetlands ef*or wetland buffers, or as an enforcement action,
the director shall require that the applicant engage in the restoration,
creation, or enhancement of wetlands and their buffers in order to offset
the impacts resulting from the applicant's or violator's actions. The
applicant shall develop a plan that provides for construction, maintenance,
and monitoring of replacement wetlands afld{or buffers and, as
appropriate, land acquisition that re-creates as nearly as practicable or
improves the original wetlands in terms of acreage, function, geographic
location, and setting. Compensatory mitigation plans shall be consistent
with Wetland Mitigatiarr irr Vyashirrgtan .State - Part 2: Qevelo�g
Mitigation Plarrs--Ve siorr 1 (Ecology Publication #06-06-011b OI ry pia.
WA March 200G or as revised} and .Selecting Metland Mitination .Sites
Using a Watershed A ion #09-06-
78 KCC 11.06
Critical Areas
Ordinance
91
32 0lympia WA, December 2009) and ma iy ncarporate guidance from
Cafcufatrrrg C edits and oebrts far Compensato y Mitrnatron rn VAetlands of
IMesterrr IMashirrntan Ecology Publication #10-OG-011 Hruby. 2012�
B. Goal. The overall goal of any compensatory mitigation project shall
be no net loss of overall wetland acreage or function and to replace any
wetland area lost with wetland(s) and buffers of equivalent functions and
values. Compensation shall be completed prior to wetland destruction,
where practicable. Compensatory mitigation programs shall incorporate
the standards and requirements contained in KCC 11.06.550
and 11.06.560.
C. Rvsa ra;o —and eFea;on Uf etfa ds a d weEfaf f€e
Preference of Mitt iinished wetland
and buffer- functions shall rely on the types below in the following order of
preference:
1. Restoration (re-establish ent and rehabilitation) of wetlands:
a. The goal of re-establishment is returning natural or
historic functions to a former- wetland. Re-establishment results in a gain in
wetland acres and functions. Activities could include rernoving fill material
lugging ditches or breaking drain tiles.
b. The goal of rehabilitation is re ap firing natural or historic
functions of a degraded wetland. Rehabilitation results in a gain in wetland
function but does not result in a gain in wetland acres. Activities could
involve breaching a dike to reconnect wetlands to a flood Ip ain
2. Establishment (creation} of wetlands on disturbed upland
sites such as those with vegetative cover consisting primarily of non-native
79 KCC 11.06
Critical Areas
Ordinance
92
species Establishment results in a gain in wetland acres. This should be
attempted only when there is an ate source of water and it can be
shown that the surface and subsurface hydrologic regime is conducive to
the wetland community that is anticipated-i in the design.
a. If a site is not available for wetland restoration to
compensate for expected wetland or buffer impacts the approval authority
may authorize creation of a wetland and buffer pon-dernonstration by the
applicant'sgualified wetland scientist that
conditions at the
proposed mitigation site are conducive for sustaining the proposed wetland
and that creation of a wetland at the sitewill not likely
problems elsewhere
LL--- The pro
invasive plants or noxious weeds or that such vegetation will be com Ip etely
eradicated at the site:
Li i Adjacent land uses and site conditions do not
jeopardize-the-viability of the -progosed-wetiand and buffer (e.g due to
the presenceof invasive plants or noxious weeds stormwater runoff
noise light, or other�irn ac�tsand
iv. The proposed wetland and buffer- is designed to
be self-sustaining with little or no long-term maintenance.
3. Enhancement wetlands in
combination with restoration or creation. Enhancement should be part of a
mitigation that includes replacing the altered area and meeting
app—ro IS Undertaken for specified
purposes such as water- quality improvement flood water- retention or
80 KCC 11.06
Critical Areas
Ordinance
93
wildlife habitat. Enhancement alone will result in a loss of agLlan-d acreage
and is less effectivg-�!����pplicants-pro-posing to
enhance wetlands or associated buffers shall dernonstrate:,
a How the the
wetland's or the buffer's functions-
b. How this increase in function ALI 1--adequatel-y
C. How all ot he
D Acreage replacement and enhancement ratio. Wetland alterations
| shall be replaced or enhanced using the formulas below;
|
however, the director may choose to double mitigation ratios in instances
| where wetlands are filled or 4n#a4ed as a result of
�
code violations. The first number opochioo the acreage of wetlands
requiring replacement and the second opodfioo the acreage of wetlands
altered. These ratios do not apply to remedial actions resulting from illegal
alterations.
eeeFfj-4�hed-es-feHew—,
81 K(C11.06
Critical Areas
Ordinance
94
a {3y-erea�ier�-e�r�ew-ave�Fu��'s-u�-rat -E�}-�e-arse
ere e�Fe 1}F e e
e�iara—e€-a� t-�a
v���a��eerira�t cf exis�i�-wetFa�tde-�ta+�l�+rr�Fie-range-o€-�I�e-r�t�-� �`-errt-i+�
sie�s-E�}F�}Ee}-a�td-E�}-a€-tf�is��seer rye
e-
iff�}-te-arse{-f}-ratie-aFartg-vaFtl�-v��"ar�eer<��t ut
e�:isti+�g+�tetFe .�-et-e-�aFFve-�S-}-Fe-erne-Ff-}-r�taY- table}-
ic�-a �p-IF-vaetFa��s-r�fiall-be
aF3y-e avetFai�'�--at aot-tF�ee-E3}-te
b-By-tee etF }-te-ei3e-E�-}
e�ist+r�g-wetFu��'s-au-a-r-atie t-r€-€errr-E4�-te-erne-E�-}
eF
e �y-e-eerr +at�u<< cf 2�at etF
���nar�eer<��z c` existirt�-vaetFa+ads-ao-itf3irt-tFie-range-ot-r-aties-set-errt-�
serbseetier�s-EB}+��}��}-a+teL-Ef}}-a€-tFms��seetter�r rye
satiror}-€€€�aFter-at -e�€-Eatego�p-i I-F-avetFa+aN-E�e
82 KCC 11.06
Critical Areas
Ordinance
95
----------------4----- ors ( } ere
-
(4
S
aeee FRpk shed-asfeHeA-,
—a—By-ci�eat efl-ef-new-
he W-(4�R+te-enee-(-�eF
6�eFe e4apA-,4-a�
Cateao_ry and Re-establishment Re-establishment or
Tyne of Wetland ®r Creation Creation------LR C1 and
Impacts Enhancement C
Category-IV 1.5:1 1:1C RL and 1 1 E
_
Cateqor 111 2:1 C and 2 1 E y L-LEL—
Category 11 3:1 1:1C RL and 4 1 E
_
83 KCC 11.06
Critical Areas
Ordinance
96
Wetlands of High 2ossible
Conservation
Value
alterations can alsg be made by a
combination of creation of new wetlands and enhancement-of-exishng
wetlands within th le so Ion as a
minimurn one to one creation ratio is met for exatrp/e creation of new
wetlands at a on and one-half to one ratio along h enhancement of
-Lora Categ2a
E. Decreased replacement ratio. The director may decrease the
required replacement ratio where the applicant provides the mitigation
prior to altering the wetland, and a minimum acreage replacement ratio of
one (4*to one (4+io provided. In such a case, the mitigation must be in
place, monitored for three k--Z)-growing seasons and be deemed a success
| prior to allowing any alterations.
E-Buffer mitigation ratios Irn
those buffer-
functions lost from development.
GF. Wetfan bank
84 K(C11.06
Critical Areas
Ordinance
97
bank or in-lieLl
nt of wetland
functions and v
be used when it can be dernonstra�dthat �therovidesiginjficant
i conservation of criticalareas
imDortant cedes habitats or habitat link es and when th
s shall not be used u less Asthe are
certified in accordance with applicable federal and ga��
| G�H. M/edand type. In-kind compensation shall bo provided except that
out'of'Nnd compensation may bo accepted where:
1. The wetland system tobo replaced io already significantly
degraded and out'of'kind replacement will result ina wetland with greater
functional value.
I. Technical problems such ao exotic vegetation and changes in
watershed hydrology make implementation of in kind compensation
impracticable.
85 K(C11.06
Critical Areas
Ordinance
98
J. 0ut'ofNnd replacement will best meet identified regional
goals (og., replacement of historically diminished wetland typoo).
I. Advance m
irn acts to wetlands rn
lH. Location. Corr Densat / mit ation actions shall be conducted onsite
or within the same SUb-basin as the irn act site unless the apphicant can
demonstrate
1. The hydrology and ecosystem of the original wetland and
those who benefit from the hydrology and ecosystem will not be
substantially damaged by the onoitoloss.
| I' -]noito compensation io not feasible due to problems with
�
hydrology, soils, or other factors.
| 3'-2- Compensation io not practical due to potentially adverse
|
impacts from surrounding land uses.
| 4.-3-. Existing functional values at the site of the proposed
|
restoration are significantly greater than lost wetland functional values.
| 5'4- Adopted goals for flood storage, flood conveyance, habitat, or
|
other wetland functions have been established and strongly justify location
of compensatory measures at another site.
86 K(C11.06
Critical Areas
Ordinance
99
KI. 0f7site compensation. 0ffoito compensation shall occur within the
Green River Wate _ _ _Fa__=- --_R -- #he-_ '--__ --- Pee-__FFed,
unless:ormnvey� habitat established
2. Credits from a state-certified wetland
used as com istent with the terms
of the certified bank instrument, or
J. Fees are paid toan approved in-lieu fee program to
compensate for the impacts.
| 4+e-�Pka*+4-s*n'
| � �
L4. 0fhsite compensation site selection.
| /aPP|icanto shall pursue siting in the following order ofpreference:
|
| 1. Upland sites which were formerly wetlands efld/or
|
significantly degraded wetlands. Such wetlands are typically onna||; have
| only one (4*vvot|and class; and have one (4+donninant plant species ora
|
predominance of exotic species.
87 K(C11.06
Critical Areas
Ordinance
100
2. Idle upland sites generally having bare ground or vegetative
cover consisting primarily of exotic introduced species, weeds, or emergent
vegetation.
3. Other disturbed upland.
MK. Timing. Where feasible, compensatory projects shall be completed
prior to activities that will disturb wetlands, or immediately after activities
that will temporarily disturb wetlands, or prior to use or occupancy of the
activity or development which was conditioned upon such compensation.
Construction of compensation projects shall be timed to reduce impacts to
existing fisheries wildlife,, and flora.
NL. Completion of mitigation construction. On completion of
construction, any approved mitigation project must be signed off by the
applicant's qualified professional and approved by the
department. A signed letter from the consultant will indicate that the
construction has been completed as approved, and approval of the
installed mitigation plan will begin the monitoring period if appropriate.
Article V. Fish and Wildlife Habitat Conservation Areas
Sec. 11.06.670. Stream classifications and rating.
A. To promote consistent application of the standards and
requirements of this chapter, streams within the city of Kent shall be rated
or classified according to their characteristics, function, and value, apA{or
their sensitivity to disturbance.
88 KCC 11.06
Critical Areas
Ordinance
101
B. Classification of streams shall be determined by the department
based on consideration of the following factors:
1. Approved technical reports submitted by qualified eensHkeRts
professionals in connection with applications for activities subject to these
regulations must contain those criteria outlined in section 11.06.070 and
the following_
a. H dy rologic rnagping showing patterns of water
moverent into through and out of the site area; and
b. Specific descriptions of streams including gradient and
flow characteristics stream bed condition stream bank and slope
stability presence of fish or habitat for fish presence of obstructions to
fish movement; general water quality stream bank vegetation; and a
summary of existing stream value for fisheries habitat.
2. Application of the criteria contained in these regulations; and
3. Maps adopted pursuant to this chapter.
C. Streams shall be designated Types 1 through 3 as follows:
1. Type 1 Water means all shorelines identified in the Kent
shoreline master program.
2. Type 2 Water means salmonid bearing segments of natural
waters not classified as Type 1 Water, with documented salmonid use. T-h+s
Salmonid bearing
waters are used by fish for spawning, rearing or migration.
89 KCC 11.06
Critical Areas
Ordinance
102
3. Type 3 Water means nonsalmonid segments of natural waters
not classified as Type 1 or 2 Water. These are stream segments within the
bankfull width of defined channels that are perennial and intermittent
nonsalmonid habitat streams. These waters begin at a point along the
channel where documented salmonid fish use ends.
Sec. 11.06.680. Stream buffer areas, setbacks, fencing and
signage.
A. Pu-moseGeHertf .
1. The establishment of buffers s"� Deis required for all
development proposals and activities in or adjacent to streams. The
purpose of the buffer shall beis to protect the integrity, function, value,
and resources of the stream. Buffers shall typically consist of an
undisturbed area of native vegetation established to achieve the purpose
of the buffer. No buildings, structures, impervious surfaces or nonnative
landscaping shall Beare allowed in a buffer unless otherwise permitted by
this chapter. #4F te-Has-previ&u- sFtFbed the-brr€feF-aFea- Aa4
be-reve &ved Where flexible
buffer widths are permitted by this chapter, such enhancement shall be
considered in determining appropriate buffer widths. Buffers eha44must be
protected during construction by placement of a temporary barricade,
notice of the presence of the critical area, and implementation of
appropriate erosion and sedimentation controls. Rest4e «-ar-
saa
ar eteeteff-ef-brrffe-=areas
90 KCC 11.06
Critical Areas
Ordinance
103
2. Required buffer widths shall reflect the functions and values
of the stream, the risks associated with development, and the type and
intensity of human activity proposed to be conducted on or near the
stream in those circumstances where such activity is permitted by these
regulations.
<<sta4leu at t €-the-bFtf€ st-@�Sf�ftE--a�i Gcuai
€e�rt�{ereFher-r�o�es�t�e-t-reaFe�;rr�teria�s-ap�eved-by-the-efty}—T�to
pe�at�+rave-�1}-sigrrper� eeL-F10&}-€ee�€ar—F z�s-arm
B. Standard buffer widths. The following standard buffers are
established for streams, as measured from the ordinary high water mark.
Stream Type Standard Buffer
Type 1 Per Kent SMP
Type 2 100 feet
Type 3 40 feet
C. Valley stream buffers. A special stream buffer and
mitigation/enhancement program shall apply to the industrialized areas
adjacent to portions of Mill Creek, Garrison Creek, and Springbrook Creek
on the valley floor. These areas are substantially developed for industrial
91 KCC 11.06
Critical Areas
Ordinance
104
uses and existing, historical setbacks are typically less than fifty (3AD-�-feet.
Existing buffers are degraded. These areas are generally identified by the
valley stream overlay map. The valley stream overlay area is generally
described as that area beginning at the Kent city limits where the Green
River and South 180th Street intersect, following South 180th Street
easterly to the eastern right-of-way line to SR 167, then moving south
along the SR 167 eastern right-of-way line to the intersection of 898th
Avenue South, then along the Green River Valley floor to West Smith
Street, then east along West Smith Street to East Titus Street, then along
East Titus Street to Central Avenue, then following the Green River Valley
floor to the Green River, then following the eastern edge of the Green
River to the point of beginning. The following standards shall aooly to
development aMposals adjacent to streams within the overlay:
1. Stream buffers shall be fifty{34}feet.
2. The goal of the special program applicable to these streams
shall be to enhance existing vegetation and habitat to accomplish sediment
removal and erosion control, pollutant removal, placement of large woody
debris, and particularly to control water temperature. These objectives can
be accomplished with the required buffers.
3. The entire stream buffer shall be enhanced pursuant to af!
buffer management and enhancement plan shall be FeqH Fed, consistent
with the mitigation performance standards in this section.
4. Buffer reductions are not be
pefn4ttedallowed except as permitted through the reasonable use
provisions of KCC 11.06.090 or the variance provision of KCC 11.06.100.
92 KCC 11.06
Critical Areas
Ordinance
105
D. Increased buffers. A buffer width greater than the standard may be
required by the city based on the findings of site-specific studies prepared
consistent with these regulations, or to comply with state or federal plans
to preserve endangered or threatened species.
E. Buffer greducticrr witPr enhancement. Standard buffer
widths for degraded buffers may be reduced for Type 2 streams only
subject to the following criteria
tt be av ears e y, and in accordance with the stream
report stt he-feHew+ri iter+a:
1. Stream and riparian functions will not be reduced.
2. Salmonid habitat will not be adversely affected.
3. Additional enhancement of habitat is provided in conjunction
with the reduced buffer.
--.
+yet-Fess-�T Off r.iu� �,,ta,�~<eu�' ��i thesta+id-bctffcr
4§. The buffer width is not reduced by more than -twenty five
{34}percent in any location.
56. All reduced buffers shall be mitigated through buffer
enhancement pursuant to the requirements of KCC 11.06.550.
F. Activities within buffer. No structures or improvements sheH—oeare
permitted within the stream buffer area, including buildings, decks, and
docks, except as otherwise permitted by this section, by the city's adopted
93 KCC 11.06
Critical Areas
Ordinance
106
shoreline master program, or under one of the following circumstances,
and then only when aproperly iffi ag ted:
1. When the improvements are part of an approved
enhancement, restoration, or mitigation plan;-ef
2. Construction of new public roads and utilities, and accessory
structures, when no feasible alternative location exists; eF
3. Construction of foot, pedestrian or bicycle trails, according to
the following criteria:
3Designed to minimize impact on the stream system.
E. CIF an�iaai.'rrricff�}-vdtdtFi-ef-etg1�E&}-feed
bE4. Where feasible, 4located within the outer half of the
buffer, i.e., the portion of the buffer that is farther away from the stream,
except to cross a stream when approved by the city and all other
applicable agencies and except as appropriate to provide outlook points or
similar locations for education, recreation scientific, and other purposes
which will not adversely affect the overall functions and values of the
stream.
4. Construction of footbridges and boardwalks;-
5. Construction of educational facilities, such as viewing
platforms and informational signsl
94 KCC 11,06
Critical Areas
Ordinance
107
6. Construction of outdoor recreation structures, such as
fishing piers, boat launches, benches and picnic tables-I.
7. Maintenance of existing facilities or temporary uses
having minimal adverse impacts on buffers and no adverse impacts on
streams. These may include but are not limited to: maintenance of existing
drainage facilities, and low intensity passive recreational activities such as
pervious trails, nonpermanent wildlife watching blinds, short-term scientific
or educational activities, and sports fishing;
8. Stormwater discharge outlets with energv dissipation
structures as approved by the city of Kent. Unless otherwise approved by
the director, these shall be located as close to the outer perimeter of the
buffer as feasible through proper design and function of the discharge
system. To the extent that construction of such outlets impacts vegetation
in the buffer, restoration of the vegetation shall be required: or
9. Ongoing city maintenance activities by its public works
and parks department vegetation and management divisions shall be
permitted to continue general maintenance of streams and associated
buffers. Maintenance shall include but not be limited to trash removal,
removal of nonnative vegetation, maintenance of existing vegetation as
necessary, restoration, enhancement, and sign and fence maintenance.
G. Protection of streams/buffers. Long-term protection of a regulated
stream and its associated buffer shall be provided by placing it in a
95 KCC 11.06
Critical Areas
Ordinance
108
separate tract on which development is prohibited; executing an easement
in favor of the city, in a form and manner acceptable to both the director
and the city attorney; dedication to a conservation organization or land
trust; or similarly preserved through a permanent protective mechanism
acceptable to the city. The location and limitations associated with the
stream and its buffer shall be shown on the face of the deed or plat, as
applicable, to the property and shall be recorded with the King County
recorder's office.
u—van� vd;�t„ vaFraf,Ue�. Regtri�ec�-bra#e�
r-ea� rests
Fie- r+Fe�i<�-set-fer-tf�-i�+
14C�11- '. �e-regt�itie�-Va�Fai�eea-to-b<a#ur�-s"rari regtri�e-a
t tp i i nc c-rn nr
t�+�+r��-a-va�hairec-t atat
1�§ttcr`c-- sfcizrcv cF'?�xc� vim—c*c"'-n��—:ccrr2�}"'�"'�,• -•�+,•'"
vase d F�eF b a �ease�x metre-ef-the-pfepeAy=
H4. Buffer enhancements. The applicant may propose to implement one
or more enhancement measures, listed in order of preference below, which
will be considered in establishing buffer requirements:
1. Removal of fish barriers to restore accessibility to
anadromous fish.
2. Enhancement of fish habitat using log structures incorporated
as part of a fish habitat enhancement plan.
96 KCC 11.06
Critical Areas
Ordinance
109
3. Creating or enhancing the surface channel if approved by the
Washington Department of Fish and Wildlife.
4. Planting native vegetation within the buffer area, especially
vegetation that would increase value for fish and wildlife, increase stream
bank or slope stability, improve water quality, or provide aesthetic{ or
recreational value.
5. Landscaping outside the buffer area with native vegetation or
a reduction in the amount of clearing outside the buffer area.
6. Enhancement of wildlife habitat by adding structures that are
likely to be used by wildlife, including wood duck houses, bat boxes,
nesting platforms, snags, rootwads/stumps, birdhouses, and heron nesting
areas.
7. Additional mitigating measures may include but are not
limited to the following:
a. Creating a surface channel where a stream was
previously culverted or piped.
b. Removing or modifying existing stream culverts (such
as at road crossings) to improve fish passage and flow capabilities which
are not detrimental to fish.
C. Upgrading retention/detention facilities or other
drainage facilities beyond required levels.
97 KCC 11.06
Critical Areas
Ordinance
110
d. Similar measures determined to be appropriate by the
department.
I. Buffer restoration recuired. If the stream buffers, including both
standard buffers and reduced buffers are degraded, they shall be restored
during development pursuant to an approved restoration plan. If the plan
includes establishing a suitable growth of native plants, maintenance and
monitoring of the buffer for a period of at least five years shall be provided
pursuant to an approved monitoring plan as required by KCC 11.06.570,
including a financial guarantee until the maintenance and monitoring
period is completed and has been approved by the city. Where it can be
demonstrated that there will be no impacts from the proposed
development to the stream or stream buffer, the director shall have the
authority to waive or modify this requirement.
J. Buifdirrg setback fines. A minimum BSBL of fifteen feet shall be
required from the edge of a stream buffer provided the director may
reduce the building setback li it by Llp to five feet if construction
operation and maintenance of the building does npt and will not create a
sk of negative impacts on the adjacent buffer- area. Alterations of the
building setback lines shall not be permitted to create additional lots for
subdivisions. Ap royal of alterations of the BSBL shall be provided in
writing by the director and may require mitigation such as buffer
enhancement.
K. Fencing arrd sigrrage. All develo ment and subdivisions to which this
chapter applies shall construct awildlife-passable fence along the entire
stream buffer edge unless otherwise approved by the director. Critical
area signs ust also be attached to the fence or located just inside the
98 KCC 11.06
Critical Areas
Ordinance
111
at a rate of one si ne hundred feet
for all aulbi ic-rights--of-way trails.
ociated buffers.
Sam. 11.06.690. Alteration or development — Standards and
| criteria. Alteration of streams ee+�or their established buffers may bo
permitted by the department subject to the criteria of this section.
Standards for mitigation of impacts to critical areas are identified in
KCC11.0O.550.
A. Alteration shall not degrade the functions and values of the stream.
D. Activities located in water bodies and associated buffers used by
anadromous fish shall give special consideration to the preservation and
enhancement of fish habitat, including but not limited to the following:
1. The activity io timed to occur only within the allowable work
window for the particular opodoo as identified by the Washington
Department of Fish and| Wildlife.
I. The activity is designed so as not to degrade the functions
and values of the habitat and any impacts are mitigated.
J. An alternate location or design io not feasible.
C. Relocation ofa Type IorJ stream solely to facilitate general site
design shall not bo permitted. Relocation ofa stream may bopermitted
only when it is part of an approved mitigation or enhancement/restoration
99 K(C11.06
Critical Areas
Ordinance
112
plan, and will result in equal or better habitat and water quality, and will
not diminish the flow capacity of the stream.
D.
&—A11 new culverts shall be designed following guidance provided in the
Washington Department of Fish and Wildlife's document: Water Crossing
Design Guidelines 20139 g ref Pa ad Fve is-fa (or
most recent version thereof). The applicant shall obtain a HPA from the
Department of Fish and Wildlife. Culverts are allowed only in Types 2 and
3.
EF. The applicant or successors shall, at all times, keep any culvert free
of debris and sediment to allow free passage of water and, if applicable,
fish.
F6. The city may require that a culvert be removed from a stream as a
condition of approval, unless the culvert is not detrimental to fish habitat
or water quality, or removal would be a long-term detriment to fish or
wildlife habitat or water quality.
Sec. 11.06.700. Mitigation performance standards. The
performance standards in this section, and the standards in KCC 11.06.550
and 11.06.560 shall be incorporated into mitigation plans submitted to the
city for impacts to streams. Mitigation plans are subject to approval by the
directoreit— _-`
100 KCC 11.06
Critical Areas
Ordinance
113
A. Use plants native to the Puget lowlands or Pacific Northwest
ecoregion;_ _allonnative, introduced plants, or plants listed by the
Washington State Department of Agriculture as noxious weeds (Chapter
16-750 WAC) shall not be used.
B. Use plants adapted to and appropriate for the proposed habitats and
consider the ecological conditions known or expected to be present on the
site.
C. Avoid planting significant areas of the site with species that have
questionable potential for successful establishment, such as species with a
narrow range of habitat tolerances.
D. Specify plants that are commercially available from native-plant
nurseries or available from local sources; if collecting some or all native
plants from donor sites, collect in accordance with ecologically accepted
methods, such as those described in the Washington Native Plant Society's
Policy on Collection and Sale of Native Plants, that do not jeopardize the
survival or integrity of donor plant populations.
E. Use perennial plants in preference to annual species
pF-aetees. Annual plants shall only be used if mitigation monitoring
determines that native plants are not naturally colonizing the site or if
species diversity is unacceptably low compared to approved performance
standards.
F. Use plant species high in food and cover value for native fish and
wildlife species that are known or likely to use the mitigation site
101 KCC 11.06
Critical Areas
Ordinance
114
(according to reference wetlands, published information, and professional
judgment).
G. Install a temporary irrigation system and specify an irrigation
schedule unless a sufficient naturally occurring source of water is
demonstrated.
H. Confine temporary stockpiling of soils to upland areas. Unless
otherwise approved by the public works department, comply with all
applicable best management practices for clearing, grading, and erosion
control to protect any nearby surface waters from sediment and turbidity.
I. Show densities and placement of plants. These should be based on
the ecological tolerances of species proposed for planting.
J. Provide sufficient specifications and instructions to ensure proper
placement diversity and spacing of seeds, tubers, bulbs, rhizomes, springs,
plugs, and transplanted stock, and other habitat features, to provide a
high probability of success, and to reduce the likelihood of prolonged
losses of -mod—functions from proposed development. Prepare
contingency plans as described in KCC 11.06.�56570 for all mitigation
proposals.
K. Do not rely on fertilizers and herbicides to promote establishment of
plantings. If fertilizers are used, they must be approved in writing by the
department and other applicable agencies, and shall be applied per
manufacturer specifications to planting holes in organic or time-release
forms, such as Osmocote® or comparable formulations, and never
broadcast on the ground surface; if herbicides are used to control invasive
species or noxious weeds and to help achieve performance standards, only
102 KCC 11.06
Critical Areas
Ordinance
115
those approved for use in aquatic ecosystems by the Washington
Department of Ecology shall be used. Herbicides shall only be used in
conformance with all applicable laws and regulations and be applied per
manufacturer specifications by an applicator licensed in the state of
Washington.
Sec. 11.06.710. Wildlife habitat classification and rating.
Wildlife habitat areas subject to these regulations include habitat classified
as ""fish and wildlife habitat conservation
areas" and "naturally occurring ponds" according to the criteria in this
section.
A. Fish and wildlife habitat conservation area:h,ea, hatisats are those
habitat areas which meet any of the following criteria:
1. The documented presence of federally or state listed
endangered, threatened, or sensitive species.
T;e dgcer�xtet�FeEE-pre5,_a�_ -' �5 �:es-ter J u'erz.l-c,�sFate
2. The documented prese ce of species and habitats found on
the Washington Depa t ent of Fish and Wildlife Priority Habitats and
Species databases current city habitat is or other relevant databases.
3.2- The presence of unusual nesting or resting sites such as
heron rookeries or raptor nesting trees. This provision shall be limited to
raptors which are included within the listed categories of wildlife noted in
subsection (A)(23-) of this section, and shall apply to active nests.
T sFr=aFe-t-hat-a-�e^ -siFe-is-n=�aetFve-a�d�ot-snb}ee� tg-t,��e
r-egb kat Otte 8e
103 KCC 11.06
Critical Areas
Ordinance
116
'gt'YCA-" tFFRCTICYFlg'"CiYIXC-iG rSRGC-etrr�eNtFy-berr�e�-t<..sed-by-tkfie
B. Naturally occurring Rponds (deepwater aquatic habitat), as defined
in this chapter, which are important to and support a wide variety of
species of fish, wildlife, or vegetation.
Sec. 11.06.720. Wildlife habitat buffer areas and setbacks.
A. Buffer widths for fish and wildlife habitat conservation areas er+Feal
haste tat areas hall be determined by the department, based on a critical
area report prepared by the app4{eai4a qualified professional pursuant to
this chapter and in consideration of the following factors:
1. Research and evaluation of best available science sources
relevant to species and habitat present within the city, as documented in
City of Kent Best Available Science Review for Fish and Wildlife Habitat
Conservation Areas, 2004, or amendments thereto.
2. Species-specific management guidelines of the Washington
Department of Fish and Wildlife.
3. Recommendations contained in the wildlife study submitted
by a qualified professionaleei9sHlta.;t, following the reporting requirements
of these regulations.
4. The nature and intensity of land uses and activities occurring
on the site and on adjacent sites. Buffers are encouraged but are not
required for secondary habitat.
104 KCC 11.06
Critical Areas
Ordinance
117
B. The critical area report must meet the criteria listed in section
11.06.070 of this code in addition to the following conditions.,
1. A narrative summary of existing habitat functions and values.
2. The documented presence of species and habitats found on
the Washington Department of Fish and Wildlife Priority Habitats and
Species databases, current city habitat maps, or other relevant databases.
3. A description and location of any migration or movement
corridors.
4. Identification of any areas that have previously been
disturbed or degraded by human activity or natural processes.
5. Identification of edges between habitat types and any species
commonly associated with those habitats.
6. Monitor each nesting site prior to construction and submit a
report documenting that it is not currently being used by the relevant
species to demonstrate that the nesting site is inactive and not subiect to
these regulations.
BC. Buffers for ponds shall be seventy-five (;z�feet plus a fifteen {lj
foot BSBL.
105 KCC 11,06
Critical Areas
Ordinance
118
D. Certain uses and activities.that are consistent with the purpose
and function of the habitat buffer and do not detract from its integrity may
be permitted by the department within the buffer depending on the
sensitivity of the habitat area. Examples of uses and activities with minimal
impact which may be permitted in appropriate cases include P_---__"'e
pedestrian trails, fe i `S—anu viewing platforms, and utility
easements; provided, that any impacts to the buffer resulting from
permitted facilities shall be mitigated. When permitted, such facilities
shall be located in the outer ten (19) eat of the buffer, unless
otherwise approved by the director.
E. Long-term protection of a fish and wildlife habitat conservation area
and itseritica "r ��-area -a„a-t„�m a " associated lbuffer shalle provided
by placing them in a separate tract on which development is prohibited;
pFeteetep by executiei=ng ef-an easement in favor of the city, in a form
and manner acceptable to both the director and the city attorney;
dedication to a conservation organization or land trust; or a--similarly
preserved through a permanent protective mechanism acceptable to the
city. The location and limitations associated with the 4abitatfish and
wildlife habitat conservation area and its buffer shall be shown on the face
of the deed or plat as applicable,_ to the property and shall be recorded
with the King County recorder's office.
Sec. 11.06.730. performance standards - Aalteration or
development of wildlife habitat.
A. Fish and wildlife habitat conservation area .
Alterations of fish and wildlife habitat conservation areas ef=itre�it�
shall be avoided, subject to the variance or reasonable use provisions of
this chapter.
106 KCC 11.06
Critical Areas
Ordinance
119
D. VYhoro permitted by these regulations, alteration shall not degrade
the functions and values of the habitat.
,aad sensitive-species
1. No develo ment shall be allowed within a fish and wildlife
.association exceg-,a��ppmygd-throLiqh-this-chapter For fish
under- the Kent shoreline master
2. Whenever- activities are
wildlife habitat state or
plication of
or its bluffer
Wildlife and the apucppp��,
area shall be
maintained in nativa-ygigigtation.
107 K(C11.06
Critical Areas
Ordinance
120
The table below i at blue her-on
rookeries recommended by-the—Washington Department ofand
Wildlife Management Recommendations.
Great Blue teleran Rooke Recommended Buffers
Feet Setting, % built within 1/4 mile of
the nest colony
984 Undeveloped 0---2 O'D 656 Suburban/Rural - 5 MI.
197 Urban 50%
2. Between grading or
applicableand disturbing activity shall be allowed within the buffer- listed
above Unless otherwise approved
Department of Fish and Wildlife
3. Approval within a her-on
Laakei-j buffer shall not occur prior to the approval of a habitat
management plan bythe city and the Washington Department of Fish and
Wildlife.
1. All activities o be located in
water bodies Used by anadro pus fish or in buffer areas that affect such
water bodies shall e preservation
and enhancement of anadromOLIS fish habitat including but not limited
to,adherin�tothefollowmgstandards:
108 KCC 11.06
Critical Areas
Ordinance
171
a. Activities shall be timed to o�j���
allowable work wi
Fish and Wildlife for the applicabbe-spedes,
b.
not feasible
overall rn of the fish habitat or
.othercritical areas and
d. of the habitat
conservation area gm�Ld�critical
a��
Sam. 11.06.740. Performance standards for mitigation
planning.
A. The performance standards in this section, and the general
standards inKCC11.0O.550, shall bo incorporated into mitigation plans
submitted to the department for impacts to wildlife habitat. The following
additional mitigation nnoaouroo shall be incorporated in mitigation
planning:
1. Locate buildings and structures ina manner that minimizes
adverse impacts on ea4
habhtatouoodbypriority, throatonod, orondangorodopociooandidontifiod
by the Washington-6tate, Department of Fish and Wildlife, National Marine
|
Fisheries Services, and U.S. Fish and Wildlife Services.
109 K(C11.06
Critical Areas
Ordinance
122
2. Integrate retained habitat into open space and landscaping.
3. Wherever possible, consolidate fish and wildlife habitat
conservation areas eH ita into larger, unfragmented, contiguous
blocks.
4. Use native plant species for landscaping of disturbed or
undeveloped areas and in any habitat enhancement or restoration
activities.
5. Create habitat heterogeneity and structural diversity that
emulates native plant communities described in Natural Vegetation of
Oregon and Washington (Franklin, J.F. and C.T. Dyrness 1988) or other
regionally recognized publications on native landscapes.
6. Remove apA{or control any noxious and invasive weeds or
ex-eticnon-native animals ethat are problematic to the critical habitat
area as determined by the department.
7. Preserve significant or existing native trees, preferably in
stands or groups, consistent with achieving the goals and standards of this
chapter.
B. On completion of construction, any approved mitigation project must
be signed off by the applicant's qualified eei9sHlta.;t2rofessional and
approved by the department. A signed letter from the eeflsri;tai4-ualified
professional will indicate that the construction has been completed as
approved, and approval of the installed mitigation plan will begin the
monitoring period if appropriate.
110 KCC 11.06
Critical Areas
Ordinance
123
Article VI. Geological Hazard Areas
Sec. 11.06.750. Buffers and setbacks.
A. A buffer shall be established to protect geologic hazard areas.
Buffers and setbacks shall be established from the top, bottom, and sides
of critical areas. Unless permitted by the director, native vegetation within
buffer areas shall not be i�ltered, and shall remain in th6r-its
natural state. The width of the buffer shall be established by the
department based on consideration of the following factors:
1. The recommendations contained in the geologicLgeotechnical
report required by this chapter, provided ai9d that it is prepared by a
qualified professional.
2. The sensitivity of the geologic hazard in question.
3. The type and intensity of the proposed land use, whether the
proposed use may affect the geologic hazard or whether the use itself will
be affected by the geologic hazard.
B. All buffers shall include a minimum fifteen (4-&j-foot BSBL.
C. When the geotechnical report demonstrates that, due to application
of design and engineering solutions, lesser buffer and setback distances
will meet the intent of this regulation, such reduced buffer and setback
distances may be permitted.
1. Minimum buffer width from identified €er—landslide hazard
areas shall be equal to the vertical height of the landslide hazard or fifty
ill KCC 11,06
Critical Areas
Ordinance
124
{34}feet, whichever is greater, for all landslide hazard areas that measure
ten (�feet or more in vertical elevation change from top to toe of slope,
as identified in the geotechnical report, maps, and field-checking. No
disturbance may occur within the buffer except as provided within this
chapter.
2. The buffer may be reduced when a qualified professional
demonstrates to the department's satisfaction that the reduction will
adequately protect the proposed development, adjacent developments and
uses,_ and the subject critical area. In no case shall the buffer be less than
twenty-five(-2--'}feet.
3. To increase the functional attributes of the buffer, the
department may require that the buffer be enhanced through planting of
indigenous species.
4. The edge of the buffer area shall be clearly staked, flagged,
and fenced prior to any site clearing or construction. The buffer boundary
markers shall be clearly visible, durable, and permanently affixed to the
ground. Site clearing shall not commence until the engineer has submitted
written notice to the department that buffer requirements of this regulation
are met. Field marking shall remain until all construction and clearing
phases are completed and final approval has been granted by the
department.
Sec. 11.06.760. Alterations of geologic hazard areas.
A. Criteria. Alterations of geological hazard areas or associated buffers
may only occur for activities that meet the following criteria:
112 KCC 11.06
Critical Areas
Ordinance
125
1. Will not increase the existing threat of the geological hazard
to adjacent properties-1.
2. Will not adversely impact other critical areas-.;.
3. Are designed so that the hazard to the project is eliminated or
mitigated to a level equal to or less than pre-development conditions-and
4. Are certified as safe as designed under anticipated conditions
by a qualified engineer or geologist, licensed in the state of Washington.
The department may condition or deny proposals as appropriate to achieve
these criteria. Conditions may include limitations of proposed uses,
modification of density, alteration of site layout, and other appropriate
changes to the proposal.
B. essert+a Necessary public facilities. Public emergency, health, and
safety facilities, and public utilities shall not be sited within geologically
hazardous areas. or in areas that could be affected by geologic hazards
Such as landslide run out zones unless there is no other practicable
alternative.
C. Landslide hazard areas.
1. Alterations to landslide hazard areas may be permitted based
on the findings and recommendations of a geologic report prepared
consistent with the requirements of this chapter and certifying that the
development complies with the criteria in subsection (A) of this section.
113 KCC 11.06
Critical Areas
Ordinance
126
2. Unless otherwise provided or as a necessary part of an
approved alteration, removal of any vegetation from a landslide hazard
area or buffer shall be prohibited, except for removal of hazard trees as
verified by the department.
3. Vegetation on slopes within a landslide hazard area or buffer
which has been damaged by human activity or infested by noxious and
invasive weeds may be replaced with vegetation native to Kent pursuant to
an enhancement plan approved by the department. The use of hazardous
substances, pesticides, and fertilizers in landslide hazard areas and their
buffers is prohibited unless otherwise approved by the department in
writing.
4. All alterations shall be undertaken in a manner to minimize
disturbance to the landslide hazard area, slope, and vegetation unless the
alterations are necessary for slope stabilization.
D. Erosion hazard areas.
1. Clearing in an erosion hazard area is not limited to time of
year, except when such restrictions are recommended in the geotechnical
report and approved by the department.
2. Alterations to erosion hazard areas may only occur for
activities for which a hazard analysis has been completed and submitted
certifying that the development complies with the criteria in subsection (A)
of this section. The hazard analysis must be completed in general
accordance with the requisites described in the geologic report.
114 KCC 11.06
Critical Areas
Ordinance
127
3. Where the department determines that erosion from a
development site in an erosion hazard area poses a significant risk of
damage to downstream receiving waters, based either on the size of the
project, the proximity to the receiving water or the sensitivity of the
receiving water, the applicant shall be required to provide regular
monitoring of surface water discharge from the site. Monitoring reports
shall be submitted to the department based on provisions in an approved
mitigation plan. If the project does not meet state water quality standards,
the department may suspend further development work on the site until
such standards are met.
4. The use of hazardous substances, pesticides, and fertilizers in
erosion hazard areas is prohibited unless otherwise approved by the
department.
E. Seismic hazard areas.
1. Alterations to seismic hazard areas may be allowed only as
follows:
a. The evaluation of site-specific subsurface conditions
shows that the proposed development site is not located in a seismic
hazard area;
b. Mitigation based on the best available engineering and
geotechnical practices shall be implemented which either eliminates or
minimizes the risk of damage, death, or injury resulting from seismically
induced settlement or soil liquefaction. Mitigation shall be consistent with
the requirements of C+r.Chaoter 14.01 KCC and shall be approved by the
building official; and
115 KCC 11.06
Critical Areas
Ordinance
128
C. Mobile homes may be placed in seismic hazard areas
without performing special studies to address the seismic hazard. Such
mobile homes may be subject to special support and tie-down
requirements.
F. Volcanic hazard areas. The city shall maintain a map that indicates
the location of volcanic hazards areas. Sites •.that are located on or
within two hundred f289-�-feet of an identified volcanic hazard area shall
include a notation on the title to the affected property disclosing the
presence of the hazard.
Article VII. Critical Aquifer
Recharge Areas
Sec. 11.06.770 Critical aquifer recharge areas designation,
rating and mapping.
A. Critical aquifer recharge areas designation. Critical aquifer recharge
areas (CARAs) are those areas with a critical recharging effect on aquifers
used for potable water as defined by WAC 365-190-030(3-�L). CARAs have
prevailing geologic conditions associated with infiltration rates that create
a high potential for contamination of groundwater resources or contribute
significantly to the replenishment of groundwater. These areas include the
following:
1. Wellhead protection areas. Wellhead protection areas shall be
defined by the boundaries of the ten {44}year time of groundwater travel,
or boundaries established using alternate criteria approved by the
Department of Health in those settings where groundwater time of travel is
116 KCC 11.06
Critical Areas
Ordinance
129
not a reasonable delineation criterion, in accordance with WAC 246-290-
135.
2. Susceptible groundwater management areas. Susceptible
groundwater management areas are areas that have been designated as
moderately or highly vulnerable or susceptible in an adopted groundwater
management program developed pursuant to Chapter 173-100 WAC.
3. Special protection areas. Special protection areas are those
areas defined by WAC 173-200-090.
4. Private wells. Private wells are not governed by this code;
however, all provisions of the King County Board of Health Code 12.24.010
shall be applicable.
B. Mapping of critical aquifer recharge areas.
1. The approximate location and extent of critical aquifer
recharge areas are shown on the wellhead protection area inventory map,
maintained by the department.
2. These maps are to be used as a guide for the city of Kent,
project applicants afld{or property owners, and may be continuously
updated as new critical areas are identified or when updates to the city of
Kent wetland wellhead protection program are completed. They are a
reference and do not provide a final critical area designation.
3. This mapping does not include private water wells for single-
family residences.
117 KCC 11.06
Critical Areas
Ordinance
130
Sec. 11.06.780. Critical aquifer recharge area reporting
requirements.
A. Activities that require a critical area report. If located within a CARA,
the following land use proposals shall be required to complete a critical
aquifer recharge area report. The report shall be submitted to, and
reviewed and approved by the department for
1. Above ground storage tanks.
2. Dry cleaners.
3. Pipelines (hazardous liquid transmission).
4. Auto repair shops (including oil/lube facilities).
5. Underground storage tanks.
6. Gas stations.
7. Other land use types as determined by the director that may
have the potential to significantly impact groundwater resources.
B. Requirements for critical aquifer recharge area reports.
1. A critical aquifer recharge area report shall be prepared by a
qualified professional who is a hydrogeologist, or engineer, who is licensed
in the state of Washington and has experience in preparing hydrogeologic
assessments.
2. A critical aquifer recharge area report shall include the
following site- and proposal-related information at a minimum:
a. Available information regarding geologic and
hydrogeologic characteristics of the site including the surface location of all
critical aquifer recharge areas located onsite or immediately adjacent to
118 KCC 11.06
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131
the site, and permeability of the unsaturated zone based on available
information.
b. Groundwater depth, flow direction, and gradient based
on available information.
C. Currently available data on wells and springs within one
thousand three hundred (4-3GG*feet of the project area.
d. Location of other critical areas, including surface
waters, within one thousand three hundred (4-3994—feet of the project
area.
e. Available historic water quality data for the area to be
affected by the proposed activity.
f. Best management practices proposed to be utilized.
g. Historic water quality data for the area to be affected
by the proposed activity compiled for at least the previous five (3}year
period based on available information.
h. Groundwater monitoring plan provisions.
I. Discussion of the effects of the proposed project on the
groundwater quality and quantity, including:
I. Predictive evaluation of groundwater withdrawal
effects.
119 KCC 11.06
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132
ii. Predictive evaluation of contaminant transport
based on potential releases to groundwater.
j. A spill plan that identifies equipment andfai= structures
that could fail, resulting in an impact for construction periods and for
general operating business procedures post-construction. Spill plans shall
include provisions for regular inspection, repair, and replacement of
structures and equipment that could fail.
Sec. 11.06.790. Critical aquifer recharge area performance
standards.
A. General requirements.
1. Activities may only be permitted in a critical aquifer recharge
area if the applicant can show that the proposed activity will not cause
contaminants to enter the aquifer and that the proposed activity will not
adversely affect the recharging of the aquifer.
2. The proposed activity must comply with the water source
protection requirements and recommendations of the federal
Environmental Protection Agency, State Department of Health, and the
Seattle-King County Health Department.
3. The proposed storm water management facilities must be
designed and constructed in accordance with the Ki-F�Kent Surface
Water Design Manual,_ as adopted by the city of Kent pursuant to
Gh-.Chapter 7.07 KCC, including any amendments thereto.
B. Specific uses.
120 KCC 11.06
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1. Storage tanks. All storage tanks proposed to be located in a
critical aquifer recharge area must comply with all applicable codes
including, but not limited to, the Washington State Department of Ecology
and local code requirements and must conform to the following:
a. Underground tanks. All new underground storage
facilities proposed for use in the storage of hazardous substances or
hazardous wastes shall be designed and constructed so as to:
I. Prevent releases due to corrosion or structural
failure for the operational life of the tank.
ii. Be protected against corrosion, constructed of
noncorrosive material, steel clad with a noncorrosive material, or designed
to include a secondary containment system to prevent the release or
threatened release of any stored substances.
III. Use material in the construction or lining of the
tank that is compatible with the substance to be stored.
b. Aboveground tanks. All new aboveground storage
facilities proposed for use in the storage of hazardous substances or
hazardous wastes shall be designed and constructed so as to:
I. Not allow the release of a hazardous substance
to the ground, groundwaters, or surface waters.
ii. Have primary containment areas enclosing or
underlying the tank or part thereof.
121 KCC 11.06
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134
iii. A secondary containment system either built into
the tank structure or a dike system built outside the tank for all tanks.
iv. All outside above ground storage tanks shall be
covered to prevent rainwater from filling secondary containment areas.
2. Vehicle repair and servicing. Vehicle repair and servicing must
be conducted over impermeable pads and within a covered structure
capable of withstanding normally expected weather conditions. Chemicals
used in the process of vehicle repair and servicing must be stored in a
manner that protects them from weather and provides containment should
leaks occur.
3. Dry wells. No dry wells shall be allowed in critical aquifer
recharge areas. Dry wells existing on the site prior to facility establishment
must be abandoned using techniques approved by the State Department of
Ecology prior to commencement of the proposed activity.
4. Residential use of pesticides and nutrients. Application of
household pesticides, herbicides, and fertilizers shall not exceed times and
rates specified on the packaging.
5. Spreading or injection of reclaimed water. Water reuse
projects for reclaimed water must be in accordance with the adopted water
or sewer comprehensive plans that have been approved by the
Departments of Ecology and Health.
a. Surface spreading must meet the groundwater
recharge criteria given in RCW 90.46.010(10) and 90.46.080.
122 KCC 11.06
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135
b. Direct injection must be in accordance with the
standards developed by authority of RCW 90.46.042.
Sec. 11.06.800. Prohibited uses. The following activities and
uses are prohibited in critical aquifer recharge areas:
A. Landfills. Landfills, including hazardous or dangerous waste,
municipal solid waste, special waste, wood waste, and inert and demolition
waste landfills.
B. Underground injection wells. Class I, III, and IV wells and
subclasses F01, 5D03, 5F04, 5W09, 5W10, 5W11, 5W31, 5X13, 5X14,
5W20, 5X28, and 5N24 of Class V wells.
C. Mining.
1. Metals and hard rock mining.
2. Sand and gravel mining is prohibited from critical aquifer
recharge areas determined to be highly susceptible or vulnerable.
D. Wood treatment facilities. Wood treatment facilities that allow any
portion of the treatment process to occur over permeable surfaces (both
natural and manmade)
E. Storage, processing, or disposal of radioactive substances. Facilities
that store, process, or dispose of radioactive substances.
123 KCC 11.06
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136
F. Private wells. Any property within the city of Kent using a private
well for water supply shall abate the well in accordance with Department of
Ecology standards, when development is proposed and can be serviced by
a municipal water purveyor. Retention of exempt wells shall not be
permitted for irrigation purposes to prevent potential cross-contamination
issues.
1. All property currently with a private well, or within two
hundred (,8 feet of a private well, shall follow all conditions of the King
County Board of Health Code 12.24.010 in the design of the development
of the property. Any proposed development plans shall show all private
wells within two hundred F289}feet.
G. Other uses. Activities that would significantly reduce the recharge to
aquifers currently or potentially used as a potable water source or
activities that would significantly reduce the recharge to aquifers that are a
source of significant base flow to a regulated stream.
SECTION 2. - Corrections by City Clerk or Code Reviser. Upon
approval of the City Attorney, the City Clerk and the code reviser are
authorized to make necessary corrections to this ordinance, including the
correction of clerical errors; ordinance, section, or subsection numbering;
or references to other local, state or federal laws, codes, rules, or
regulations.
SECTION 3. - Severabilitv. If any one or more section, subsection,
or sentence of this ordinance is held to be unconstitutional or invalid, that
decision shall not affect the validity of the remaining portion of this
ordinance and that remaining portion shall maintain its full force and
effect.
124 KCC 11.06
Critical Areas
Ordinance
137
SECTION 4. - Effective Date. This ordinance shall take effect and
be in force thirty (30) days after its passage and publication, as provided
by law.
SUZETTE COOKE, MAYOR
ATTEST:
RONALD F. MOORE, CITY CLERK
APPROVED AS TO FORM:
TOM BRUBAKER, CITY ATTORNEY
125 KCC 11.06
Critical Areas
Ordinance
138
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
F'.AQVIpOrLl000re\oifiwi Ar—Ortllnznre H¢31 06.do-
126 KCC 11.06
Critical Areas
Ordinance
139
ORDINANCE NO.
AN ORDINANCE of the City Council of the
city of Kent, Washington, amending Chapter 14.09
of the Kent City Code, entitled "Flood Hazard
Regulations."
RECITALS
A. Pursuant to the state Growth Management Act, Chapter
36.70A RCW (GMA), the city of Kent ("City") hereby amends its flood
hazard regulations. This ordinance is the product of extensive study,
review and evaluation of the City's development regulations to identify and
protect the functions and values of frequently flooded areas required
under the GMA, consistent with RCW 36.70A.172 and WAC 365-195-900.
The Flood Hazard Regulations ordinance has been updated to comply with
state law, federal law, and best available science. The City has identified,
collected and assessed the available scientific information offered by staff,
the City's environmental consultants, by state agency representatives, and
by the public in order to interpret the nature, scope, and application of
best available science to protect the functions and values of the City's
frequently flooded areas, which exist in a highly complex, natural, and
built urban environment.
B. Throughout this process, the City's intent has been to
develop and implement a comprehensive, balanced, and fair regulatory
program that requires avoidance, minimization, and mitigation of
frequently flooded areas, in that order of preference, by anyone whose
1 Amend Chapter 14.09 KCC
Flood Hazard Regulations
140
activities affect frequently flooded areas. To that end, the City also
desires to protect the public from injury, loss of life, or loss of property or
other financial impact, to the extent reasonably possible.
C. On August 4, 2014, staff made a presentation to the Public
Works Committee to discuss the need to update to the Flood Hazard
Regulations ordinance, as required by the Growth Management Act. Staff
further discussed that the update process is required to include best
available science, as well as compliance with state, regional and local
mandates.
D. On August 11, 2014, the Land Use and Planning Board
("LUPB") held a workshop to discuss updates to the Kent Comprehensive
Plan, including the Flood Hazard Regulations update element of the plan;
compliance with state, regional and local mandates; the proposed
timeline; and public outreach activities.
E. On November 24, 2014, the LUPB held a workshop to
generally discuss the Flood Hazard Regulations update process, best
available science rule, and timeline.
F. On February 9, 2015, the LUPB held a workshop to discuss
preliminary findings from the best available science recommendations,
comments from staff and the public, and draft regulations.
G. On February 12, 2015, the City provided the required sixty
day notification under RCW 36.70A.106 to the Washington State
Department of Commerce ("Department") for the City's proposed Flood
Hazard Regulations ordinance. Comments from the Department were
received and considered.
2 Amend Chapter 14.09 KCC
Flood Hazard Regulations
141
H. On March 16, 2015, the City received comments on the
update from the Washington State Department of Ecology. These
comments were also considered.
I. On April 3, 2015, the City conducted and completed
environmental review for the Flood Hazard Regulations update under the
State Environmental Policy Act (SEPA), issuing an Addendum to its
Comprehensive Plan Environmental Impact Statement (EIS).
J. On April 13, 2015, the LUPB held a public hearing on the
draft Flood Hazard Regulations and recommended updating Chapter 14.09
KCC, accordingly.
K. Staff made a presentation to the Public Works Committee on
April 20, 2015, regarding the recommended revisions to the Flood Hazard
Regulations.
L. Following certain substantive changes by staff to the
proposed ordinance, the LUPB held a second public hearing regarding the
revised Flood Hazard Regulations on June 8, 2015, and recommended
passage of the revised ordinance.
M. Staff made a presentation regarding the revised Flood Hazard
Regulations to the Economic and Community Development Committee at
its meeting on July 13, 2015, and the Committee voted to forward its
recommendation to the full City Council.
N. At its regularly scheduled meeting on July 21, 2015 the City
Council considered the recommendations and voted to adopt the proposed
amendments to the Flood Hazard Regulations.
3 Amend Chapter 14.09 KCC
Flood Hazard Regulations
142
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
ORDINANCE
SECTION 1. — Amendment. Chapter 14.09 of the Kent City Code is
hereby amended as follows:
Sec. 14.09.010. Definitions. The following words, terms, and
phrases, when used in this chapter, shall have the meanings ascribed to
them in this section, except where the context clearly indicates a different
meaning:
A. Appeal means a request for review of any final action pursuant to
this chapter, or of the interpretation of any provision of this chapter by any
city official.
B. Area of shallow flooding means the land within the floodplain where
the base flood depths range from one to three feet; a clearly
defined channel does not exist; the path of flooding is unpredictable and
indeterminate; and velocity flow may be evident.
G. Area ef speeial Need haoafd m9eans the land within the fleedplain
which is subject to a one (1) peFeent OF gFeateF chance of fleeding On any
g ive+g yew
C9. Base flood means the flood having a one percent chance of
being equaled or exceeded in any given year, also referred to as the one
hundred year flood.
D€. Base flood elevation means the actual elevation (in mean sea level)
of the water surface of the base flood determined by the Federal
Emergency Management Agency_(FEMA)�'-- ' r _••__ ^ ' - -`--` -- or
other qualified person or agency as described in this chapter.
4 Amend Chapter 14.09 KCC
Flood Hazard Regulations
143
EF. Basement means any area of the building having its floor subgrade
(below ground level) on all sides.
FG. Best available data means_ (1) the data provided by the-ceded
FEMA in a scientific and engineering report
entitled Flood Insurance Study for King County, Washington and
Incorporated Areas, dated 4ufl-L—May16, 1995, along with the
accompanying fleed insuFanee FmapsFlood Insurance Rate Map (FIRM),
includino any subsequent revisions thereto,,- or (2) hydrologic and
hydraulic analyses performed in accordance with standard engineering
practice and in accordance with FEMA standards contained in 44 C.F.R.
Part 65.
G,, Compensatory flood storage means any new, excavated flood
storage volume eouivalent to any flood storage capacity which has been or
would be eliminated by filling or grading within the special flood hazard
area. The compensatory flood storage must be provided within the special
flood hazard area and be free drainina.
H. Critical facility means a facility for which even a slight chance of
flooding might be too great. Critical facilities include, but are not limited to,
schools, nursing homes, hospitals, police, fire, and emergency response
installations; and public and private facilities which produce, use, or store
hazardous materials or hazardous waste as defined by the State
Department of Ecology.
I. Development means any proposed or actual manmade changes to
improved or unimproved real estate, including but not limited to., buildings
or other structures, mining, dredging, filling, grading, paving, excavation,
drilling operations located within freed hazaF ' aFeasthe special flood hazard
area and other site preparation activities, a storage of materials or
5 Amend Chapter 14.09 KCC
Flood Hazard Regulations
144
equipment, subdivision of land, removal of substantial amounts of
vegetation, or alteration of natural site characteristics.
J. Director means the city of Kent economic and community
development director or the
K. Fill means depnosutuoiri -o (iairtlrfi irttoateirriall tlrna _tnddutua�irn__a�t Q>a�iill„__Q»nirn ,.„.
a aMlk ctirtrya ll„ Q>aI,iiir_mna irp walls, Q>tEiuctiuires and their associated internal
volume„_c�ir,_otlrtc�,ir_,irtt,ntr,teiriialll,mby artificial means.
L. Flood or flooding means a general and temporary condition of partial
or complete inundation of normally dry land areas from:
1. The overflow of inland or tidal waters;
2. The unusual and rapid accumulation of runoff of surface water
from any source.
M. Flood fringe means the portion of the special flood hazard area
outside of the floodway which is generally covered by flood waters during
the base flood.
N_Flood Iinsurance Rfate Mffrap (FIRM) means the official map on
which FEMA fedeF-I fleed :_ a _.,FA01.:5}__tien has delineated both
the special flood hazard areas and the risk premium zones applicable to
the community.
{NO. Flood insurance study means the official report provided by FEMAthe
Fedefal T--••----- ^d'•-O905tFatien that includes flood profiles, the `tea
the FIRMK , and the
water surface elevation of the base flood.
6 Amend Chapter 14.09 KCC
Flood Hazard Regulations
145
OR Flood protection elevation n9eans that the finished fleeF ef any
StFUEtLffe must be a -Pis a minimum of two feet above the
base flood elevation.
pQ. Flood season means the period from NevengbeF October 1st to
March 31st during which, historically, the frequency, distribution, and
volume (inches of rainfall) of storms in the Green River Basin have been
the largest and all known major floods have occurred.
QR. Floodplain means that portion of a river or stream channel and
adjacent lands which are subject to the base flood flooding.
RS. Floodway means the channel of the stream and that portion of the
adioinina special flood hazard area which is necessary to contain and
discharge the base flood flow without the -"----' of - FiveF eF etheF
increasing the base
flood elevation more than one foot.
fleedway-
T. Lowest floor means the lowest floor of the lowest enclosed area
(including basement). An unfinished or flood-resistant enclosure, usable
solely for parking of vehicles, building access, or storage, in an area other
than a basement area, is not considered a building's lowest floor;
provided, that such enclosure is not built so as to render the structure in
violation of the applicable nonelevation design requirements of this
chapter.
U. Manufactured home means a structure, used for residential or
commercial purposes, -transportable in one or more sections, which is
7 Amend Chapter 14.09 KCC
Flood Hazard Regulations
146
built on a permanent chassis and is designed for use with or without a
permanent foundation when connected to the required utilities. For
floodplain management purposes the term manufactured home also
includes park trailers, travel trailers, and other similar vehicles placed on a
site for greater than one hundred eighty consecutive days. For
insurance purposes the term manufactured home does not include park
trailers, travel trailers, and other similar vehicles.
V. Manufactured home park or subdivision means a parcel (or
contiguous parcels) of land divided into two or more manufactured
home lots for rent or sale.
W. No net fill means that if any fill is brought on to a site for the
construction of a structure or access road then an equal amount of
soil/material will be removed from the site. Earthen Ffill must be obtained
from the same site, to the extent practicable. The soil removed must be
from within the boundaries of the site, to the extent practicable, and from
within the special flood hazard area. If not practical, soil could be removed
from property in the immediate vicinity and within the special flood hazard
area. The area from which the soil is removed must be able to drain
completely into the adioinina watercourse following a flood.
X. New construction means structures for which the start of
construction commenced on or after the effective date of the ordinance
codified in this chapter.
Y. Recreational vehicle means a vehicle which is:
1. Built on a single chassis;
2. Four hundred {4 square feet or less when measured at the
largest horizontal projection;
8 Amend Chapter 14.09 KCC
Flood Hazard Regulations
147
3. Designed to be self-propelled or permanently towable by a
light duty truck; and
4. Designed primarily not for use as a permanent dwelling but as
temporary living quarters for recreational, camping, travel, or seasonal
use.
Z. Special flood hazard area means the total area subject to inundation
by the base flood - land and wale- -- as identified by Oie—Fedefa4
inSUFance AdnginiStFatmenFEMA in a report entitled The Flood Insurance
Study for King County, Washington and Incorporated Areas, dated
`'--` beF 3()May 16 1995 with accompanying pages on file with
King County or the city of Kent department of e
eieconomic and community development.
AA. Start of construction includes substantial improvement, and means
the date a building permit was issued, provided the actual start of
construction, repair, reconstruction, placement, or other improvement was
within one hundred eighty days ofafter the permit issuance date.
The actual start means either the first placement of permanent
construction of a structure on a site, such as the pouring of slab or
footings, the installation of piles, the construction of columns, or any work
beyond the stage of excavation; or the placement of a manufactured home
on a foundation. Permanent construction does not include submission of an
application for development, land preparation, such as clearing, grading,
and filling; nor does it include the installation of streets aFKvor walkways;
nor does it include excavation for a basement, footings, piers, or
foundations or the erection of temporary forms; nor does it include the
installation on the property of accessory buildings, such as garages or
sheds not occupied as dwelling units or not part of the main structure.
9 Amend Chapter 14.09 KCC
Flood Hazard Regulations
148
BB. Structure means that which is built or constructed, or an edifice or
building of any kind or any piece of work composed of parts joined
together in some definite manner, and includes posts for fences and signs.
It specifically includes buildings that are not fully enclosed on all sides
where the orientation may affect the flow of flood waters, but does not
include mounds of earth or debris.a walled and FOefed building including a
CC. Substantial improvement means any repair, remodeling,
reconstruction, or improvement of a structure, the cost of which equals or
exceeds fifty (a percent of the appraised fair market value of the
structure either:
1. Before the improvement or repair is started; or
2. If the structure has been damaged and is being restored,
before the damage occurred.
For the purposes of this definition, substantial improvement is considered
to occur when the first alteration of any wall, ceiling, floor, or other
structural part of the building commences, whether or not that alteration
affects the external dimensions of the structure.
The term does not, however, include either:
a. Any project for improvement of a structure to correct an
existina violation of state or local health, sanitary, or safety code
specifications as identified by the local code enforcement official, and
which is the minimum necessary to assure safe living conditions-c�
with existing state eF leeal health, SaRitaFy, eF safety eede speeifieatiens-
or
10 Amend Chapter 14.09 KCC
Flood Hazard Regulations
149
b. Any alteration of a structure listed on the National Register of
Historic Places or a recognized state or local inventory of historic places.
Sec. 14.09.020. Findings. The city council finds that:
1. The flood hazard areas of the city are subject to periodic
inundation which endangers life and property, presents health and safety
hazards, disrupts commerce and governmental services, and necessitates
extraordinary public expenditures for flood protection and relief, all of
which adversely affect the public health, safety, and general welfare; and
2. These flood losses are caused by the natural accumulation
and ponding of floodwaters and the cumulative effect of obstructions in
flood hazard areas which increase flood heights and velocities. Uses
inadequately floodproofed, elevated, or protected from flood damage or
that otherwise encroach on the natural holding capacity of the floodplain
also contribute to the flood loss.
Sec. 14.09.030. Purpose. It is the purpose of this chapter to
promote the public health, safety, and general welfare, and to minimize
public and private losses due to flood conditions in specific areas by
enacting provisions designed to:
1. Protect life and property by preventing the hazardous use of
flood-prone lands;
2. Protect downstream or surrounding property from higher
velocities or higher flood levels which may be caused by loss of holding
capacity in the floodplain;
3. Minimize turbidity and pollution from upstream or surrounding
development during a flood;
11 Amend Chapter 14.09 KCC
Flood Hazard Regulations
150
4. Minimize the expenditure of public money for remedial flood
control measures;
5. Minimize the need for rescue and relief efforts associated with
flooding which are generally undertaken at the expense of the general
public;
6. Minimize damage to public facilities and utilities such as water
and gas mains, electric, telephone and sewer lines, streets, and bridges
located in flood hazard areas;
7. Alert appraisers, assessors, owners, potential buyers, and
lessees to the natural limitations of flood-prone land;
8. Ensure that those who occupy or seek to develop in flood
hazard areas assume responsibility for their actions;
9. Qualify the city and existing homes and businesses for
participation in the Federal Flood Insurance Program; and
10. Implement local, state, and federal flood protection programs.
Sec. 14.09.040. Policies and standards for reducing flood
losses. In order to accomplish its purpose, this chapter includes policies
and standards to:
1. Restrict, condition, or prohibit uses which are dangerous to
health, safety, and property due to water or erosion hazards, or which
result in damaging increases in erosion, flood heights, or velocities;
12 Amend Chapter 14.09 KCC
Flood Hazard Regulations
151
2. Require that uses vulnerable to floods, including facilities
which serve such uses, be protected against flood damage at the time of
initial development and construction;
3. Control the alteration of natural floodplains, stream channels,
and natural protective barriers, which help accommodate or channel
floodwaters;
4. Control filling, grading, dredging, and other development
which may increase flood damage; and
5. Prevent or regulate the construction of flood barriers which
will unnaturally divert flood- waters or which may increase flood hazards in
other areas.
Sec. 14.09.050. Lands to which this chapter applies. This
chapter shall apply to all areas- of special flood hazard areas within the
jurisdiction of the city.
Sec. 14.09.060. Basis for establishing the areas of special
flood hazard areas. The special flood
hazard areas 4-are identified by FEMAthe
in a scientific and engineering
report entitled Flood Insurance Study for King County, Washington and
Incorporated Areas, dated May 159bina-16, 1995, along with the
accompanying —FIRM, including? any subsequent
revisions thereto (the flood insurance study), which is hereby adopted by
reference and declared to be a part of this chapter as if stated verbatim; or
the use of best available data as defined in this chapter. The flood
insurance study is on file and available for examination at the office of the
department of public works.
13 Amend Chapter 14.09 KCC
Flood Hazard Regulations
152
Sec. 14.09.070. Penalties for noncompliance. No structure or
land shall hereafter be developed, constructed, located, extended,
converted, or altered without full compliance with this chapter
and other applicable regulations. Violation of this chapter
by failure to comply with any of its requirements (including violations of
conditions and safeguards established in connection with conditions) shall
constitute a misdemeanor. Any person who violates this chapter or fails to
comply with any of its requirements shall upon conviction thereof be fined
not more than five hundred dollars ($500) or imprisoned for not more than
one hundred eighty days, or both, for each violation, and in addition
shall pay all costs and expenses involved in the case. In addition, nothing
herein contained shall prevent the city from issuing notices of violation
pursuant to Chapter- 1.04 KCC to any person or entity responsible for acts
or omissions contrary to the regulations contained in this chapter, nor
prevent the city from taking any other lawful action as is necessary to
prevent or remedy any violation.
Sec. 14.09.080. Abrogation and greater restrictions. This
chapter is not intended to repeal, abrogate, or impair any existing
easements, covenants, or deed restrictions. However, where this chapter
and another ordinance, easement, covenant, or deed restriction conflict or
overlap, whichever imposes the more stringent restrictions shall prevail.
Sec. 14.09.090. Interpretation. In the interpretation and
application of this chapter, all provisions shall be:
1. Considered as minimum requirements;
2. Liberally construed in favor of the governing body; and
3. Deemed neither to limit nor repeal any other powers granted
under state statutes.
14 Amend Chapter 14.09 KCC
Flood Hazard Regulations
153
Sec. 14.09.100. Warning and disclaimer of liability. The
degree of flood protection required by this chapter is considered
reasonable for regulatory purposes and is based on scientific and
engineering considerations. Larger floods can and will occur on rare
occasions. Flood heights may be increased by manmade or natural causes.
This chapter does not imply that land outside the aFeas of special flood
hazards areas or uses permitted within such areas will be free from
flooding or flood damages. This chapter shall not create liability on the part
of the city, its elected officials or any officer or employee thereof, or the
Federal Insurance Administration, for any flood damages that result from
reliance on this chapter or any administration decision lawfully made
hereunder.
See. 1:4.09:149. Green River Flood eontra' zene number 2. All
RGW and GhapteF 508 60 WAG, the state Flood GentFOI Zone Act and
Sec. 14.09.120. Permits and licenses. No permit or license for
structures or the development or use of land shall be issued by the city
within a special flood hazard area unless approved by the director OF ether
designate. Such approval shall be based on a review of the provisions set
forth in this chapter and the technical findings and recommendations of
city departments and divisions, including, but not limited to, building, fire,
and planning reefs ts. Compliance with ev this chapter
does not obviate the need to obtain other permits which may be required
pursuant to state or federal law including but not limited to approvals
required from the United States Army Corps of Engineers and the State
Departments of Social and Health Services and Ecology relating to water
and sewer systems which ensure that water and sewer systems will be
designed to avoid infiltration, inflow, or impairment.
15 Amend Chapter 14.09 KCC
Flood Hazard Regulations
154
Sec. 14.09.130. Procedural requirements. City permits or
licenses which relate to the development and use of land within a—€leed
haFa she special flood hazard areas shall be referred to the
department of economic and community developments -publime-werks by
the issuing department for approval. If it can be determined from
information at hand that the property 4eis not located in a special
flood hazard area, the issuing department may approve the permit or
license directly. If it appears that apportion of the property may Abe
located in a special flood hazard area, the department of publie weFIEs
economic and community development shall require its owner to submit
information necessary to determine if in fact andportion of the property
4jeeis located within the floodway or floods fringe. If it is determined
that any-portion of the property pis located within the floodway or within
the floods fringe, the applicant shall be required by the department of
publie weFk-seconomic and community development to submit such
surveys, plans, and supporting documents as are necessary to determine
the applicability of city regulations to the proposed structure, development,
or use. The department of publie weFlEseconomic and community
development shall consider not only the individual structure, development,
or use, but shall also consider it in combination with existing and future
similar structures, developments, and uses. Whenever technical
information is furnished to the city by an applicant, the city shall consider
such report in acting upon the requested permit. In performing such
review, the department of publie WeFlEseconomic and community
development may request additional applicant information, including the
preparation and submission of an environmental checklist under the State
Environmental Policy Act or a supplement thereto if already submitted to
an issuing department. The director OF his designate shall, within a
reasonable time, indicate approval or disapproval of the requested permit
or license; and if approved, the director shall transmit all conditions of
approval; in a letter to the issuing department, with copies to the
16 Amend Chapter 14.09 KCC
Flood Hazard Regulations
155
applicant, the issuing department, commenting departments, other
agencies, and other known parties of jfAefestrecord.
Sec. 14.09.140. Use of other base flood data. In order to
administer is this chapter when base flood elevation data
has not been provided in accordance with sections herein, the director
shall obtain, review, and reasonably utilize any base flood elevation and
floodway data available from a federal, state, or other source determined
by the director to provide accurate and detailed flood related information.
Such information shall supplement special flood hazard area information
and maps and shall be retained on file with the department of public
works, including information under KCC 14.09.150.
Sec. 14.09.150. Designation of local administrator. The Elie
weF s director eF hisjheF designee is hereby appointed to administer and
implement this chapter by granting or denying development permit
applications in accordance with its provisions.
Duties of the administrator shall include, but not be limited to:
A. Permit review.
1. Review all development permits to determine that the permit
requirements of this chapter have been satisfied.
2. Review all permits to determine that all necessary permits
have been obtained from those federal, state, or local governmental
agencies from which prior approval is required.
3. Review all permits to determine if the proposed development
is located within a floodway. If proposed development is located within a
floodway, ensure that KCC 14.09.180 is enforced.
17 Amend Chapter 14.09 KCC
Flood Hazard Regulations
156
B. Use of other base flood data (in A and V zones).
1. When base flood elevation data has not been provided (A and
V zones) in accordance with KCC 14.09.060, the CIEs director of
his/heF de&knee shall obtain, review, and reasonably utilize any best
available data, base flood elevation, and floodway data available from a
federal, state, or other source to administer this title.
C. Information to be obtained and maintained.
1. Where base flood elevation data is provided through a
flood insurance study, FIRM, or pursuant to KCC 14.09.140,
the director sllnallll obtain and record the actual elevation (in relation to
mean sea level) of the lowest floor (including basement) of all new or
substantially improved structures, and whether or not the structure
contains a basement.
2. For all new or substantially improved floodproofed structures
where base flood elevation data is provided through a flood insurance
study, FIRM, or pursuant to KCC 14.09.140 the director
shall:
a. Obtain and record the elevation (in relation to mean
sea level) to which the structure was floodproofed; and
b. Maintain floodproofing certifications required pursuant
to this chapter.
3. The director shall-*maintain for public inspection all records
pertaining to this chapter. to the extent required by
Chapter 1.05 KCC and Chapter 42.56 RCW.
18 Amend Chapter 14.09 KCC
Flood Hazard Regulations
157
D. Alteration of watercourses.
1. Notify adjacent communities and the Department of Ecology
prior to any alteration or relocation of a watercourse, submit evidence of
such notification to the Federal Insurance Administration.
2. Require that maintenance is provided within the altered or
relocated portion of said watercourse so that the flood carrying capacity is
not diminished.
E. Interpretations of FIRM boundaries. Make interpretations where
needed, as to exact location of boundaries of the special flood hazard areas
f ....,scar freed hazaFds (for example, where there appears to be a conflict
between a mapped boundary and actual field conditions). The person
contesting the location of the actual boundary shall be given reasonable
opportunity to appeal the interpretation as provided for in KCC 14.09.210.
Sec. 14.09.160. General standards. In all special flood hazard
areaSaFeas of .peen' Pleed hazaF s, the following standards are required:
1. Anchoring.
a. All new construction and substantial improvements shall be
anchored to prevent flotation, collapse, or lateral movement of the
structure.
b. All manufactured homes must likewise be anchored to prevent
flotation, collapse, or lateral movement, and shall be installed using
methods and practices that minimize flood damage. Anchoring methods
may include, but are not limited to, use of over-the-top or frame ties to
19 Amend Chapter 14.09 KCC
Flood Hazard Regulations
158
ground anchors (reference FEMA's Manufactured Home Installation in Flood
Hazard Areas Guidebook for additional techniques).
2. Construction materials and methods.
a. All new construction and substantial improvements shall be
constructed with materials and utility equipment resistant to flood damage.
b. All new construction and substantial improvements shall be
constructed using methods and practices that minimize flood damage.
C. Electrical, heating, ventilation, plumbing, and air-conditioning
equipment and other service facilities shall be designed constructed,
and/or otherwise elevated or located so as to prevent water from entering
or accumulating within the components during conditions of flooding.
3. Utilities.
a. All new and replacement water supply systems shall be
designed to minimize or eliminate infiltration of floodwaters into the
system;
b. New and replacement sanitary sewage systems shall be
designed to minimize or eliminate infiltration of floodwaters into the
systems and discharge from the systems into floodwaters;
C. Onsite waste disposal systems shall be located to avoid
impairment to them or contamination from them during flooding; and
d. Proposed water wells shall be located on high ground that is
not located within a special flood hazard area.
20 Amend Chapter 14.09 KCC
Flood Hazard Regulations
159
4. Subdivision proposals.
a. All subdivision proposals shall be consistent with the need to
minimize flood damage;
b. All subdivision proposals shall have public utilities and
facilities such as sewer, gas, electrical, and water systems located and
constructed to minimize flood damage;
C. All subdivision proposals shall have adequate drainage
provided to reduce exposure to flood damage;
d. eFor all proposed subdivisions or other develo mp___ents
that contain at least fifty lots or encompass five or more acres whichever
Lis less when base flood elevation data has not been provided, or is not
available from another authoritative source, 4—s the base flood
elevation shall be determined through a hydrologic study completed by a
qualified professional and submitted by the applicant to the city for the
director's approval. The director maaccept reject or require the
EiRplicant to submit additional documentation that the director reasonably
deems necessary for review of the h drologic study
subdivision PFOpesals and etheF PFOpesed developments which contain at
!east fifty (50) lets eF five (5) affes-, (whieheveF 05 ; and
e. Subdivision approval should depict or state what portions of
the development are within special flood hazard areas.
5. Review of building permits. Where elevation data is not available
either through the flood insurance study or from another authoritative
source, applications for building permits shall be reviewed by both the
issuing department and department of public WOFIEseconomic and
community development to assure that proposed construction will be
21 Amend Chapter 14.09 KCC
Flood Hazard Regulations
160
reasonably safe from flooding. The test of reasonableness is a
judgment based, in part, on local engineering practices and includes
use of historical data, high-water marks, photographs of past flooding, and
other similar evidence -, where available. _ailuFe to elevate at least twe
Sec. 14.09.170. Specific standards. In all special flood hazard
areas aFeas of special fleed hazaFdS where base flood elevation data has
been provided et- pursuant to KCC 14.09.060 or KCC 14.09.140,
the following provisions are required:
1. Residential construction.
a. New construction and substantial improvement of any
residential structure shall have the lowest floor, including basement,
elevated to the flood protection elevation.
b. Fully enclosed areas below the lowest floor that are subject to
flooding are prohibited, or shall be designed to automatically equalize
hydrostatic flood forces on exterior walls by allowing for the entry and exit
of floodwaters. Designs for meeting this requirement must either be
certified by a registered professional engineer or architect or must meet or
exceed the following minimum criteria:
i. A minimum of two openings placed on at least two
separate walls and having a total net area of not less than one square
inch for every square foot of enclosed areas subject to flooding shall be
provided.
ii. The bottom of all openings shall be no higher than one
{l}foot above grade.
22 Amend Chapter 14.09 KCC
Flood Hazard Regulations
161
iii. Openings may be equipped with screens, louvers, or
other coverings or devices; provided, that they permit the automatic entry
and exit of floodwaters.
2. Nonresidential construction. New construction and substantial
improvement of any commercial, industrial, or other nonresidential
structure shall either have the lowest floor, including basement, elevated
to the flood protection elevation; or, together with attendant utility and
sanitary facilities, shall:
a. Be floodproofed to the flood protection elevation so that the
structure is watertight with walls substantially impermeable to the passage
of water;
b. Have structural components capable of resisting hydrostatic
and hydrodynamic loads and effects of buoyancy;
C. Be certified by a registered professional engineer or architect
that the design and methods of construction are in accordance with
accepted standards of practice for meeting provisions of this subsection
based on their development and/or review of the structural design,
specifications and plans. Such certifications shall be provided to the official
as set forth in KCC 14.09.150(C)(2);
d. Nonresidential structures that are elevated, not floodproofed,
must meet the same standards for space below the lowest floor as
described in subsection (1)(b) of this section;
e. Applicants floodproofing nonresidential buildings shall be
notified that flood insurance premiums will be based on rates that are one
f4--foot below the floodproofed level (e.g., a building floodproofed to one
foot above the base flood level will be rated as at the base flood level).
23 Amend Chapter 14.09 KCC
Flood Hazard Regulations
162
3. Critical facility. Construction of new critical facilities shall be, to the
extent possible, located outside the limits of the base floodplain.
Construction of new critical facilities shall be permissible within the base
floodplain if no feasible alternative site is available. Critical facilities
constructed within the base floodplain shall have the lowest floor elevated
to three feet or more above the level of the base flood elevation at the
site. Below the lowest floor, Ffloodproofing and sealing measures must be
taken to ensure that toxic substances will not be displaced by or released
into floodwaters. Access routes elevated to or above the level of the base
flood elevationplain shall be provided to all critical facilities to the extent
possible.
4. Manufactured homes. All manufactured homes to be placed or
substantially improved within zones Al — 30, AH, and AE on the
community's FIRM shall be elevated on a permanent foundation such that
the lowest floor of the manufactured home is at the flood protection
elevation; and be securely anchored to an adequately anchored foundation
system in accordance with ts-- KCC 14.09.160(1)(b).
Openings in accordance with KCC 14.09.170(1) are required in rigid
skirting attached to frames or foundations of manufactured homes to
relieve hydrostatic loads and minimize transferring loads that can damage
homes and their supporting foundation systems. Installation of skirting
does not trigger the requirement for flood openings if the skirting does not
provide structural support and will collapse without causing structural
damage to the elevated home or the foundation under wind and water
loads that are less than those expected during the base flood event.
5. Recreational vehicles. Recreational vehicles placed on sites are
required to meet all applicable provisions of this code. If allowed by code,
recreational vehicles are required to either:
24 Amend Chapter 14.09 KCC
Flood Hazard Regulations
163
a. Be onsite for fewer than one hundred eighty days;
b. Be fully licensed and ready for highway use, on its wheels or
jacking system, attached to the site only by quick disconnect type utilities
and security devices, and have no permanently attached additions; or
C. Meet the requirements of KCC 14.09.160(1) and the elevation
and anchoring requirements for manufactured homes.
6. Drainage around structures. Adequate drainage paths are required
around structures on slopes to guide waters around and away from
proposed structures.
7. Standards for AE and Al-30 zones with base flood elevations but no
floodways. In areas with base flood elevations, if a reaulatory floodway
has not been designated, no new construction, substantial improvements,
or other development, including fill, shall be permitted within Zones AE
and Al-30 on the community's FIRM, unless it is demonstrated that the
cumulative effect of the proposed development, when combined with all
other existing and anticipated development, will not increase the water
surface elevation of the base flood more than one foot at any point within
the community.
Sec. 14.09.175. Compensatory storage.
A. Except as provided in subsection (B) of this section, within the
special flood hazard areas, the following
provisions apply:
1. Applicants shall provide onsite replacement of one hundred
percent of the storage area lost to encroachments so that there is no
25 Amend Chapter 14.09 KCC
Flood Hazard Regulations
164
increase in flood levels during the occurrence of the base flood discharge.
Encroachments include fill, new construction, substantial improvements,
and other development. No net fill in a special flood
hazard area shall be allowed.
2. If an applicant seeks to provide offsite replacement of one
hundred percent of the storage area lost to encroachments so that
there is no increase in flood levels during the occurrence of base flood
discharge, the applicant must submit certification by a registered
professional engineer or architect demonstrating that encroachments shall
not result in any increase in flood levels during the occurrence of the base
flood discharge, and the offsite replacement location must be located
within the same watershed that the encroachment is occurring.
3. If subsection (A)(1) or (2) of this section is satisfied, all new
construction and substantial improvements shall comply with all applicable
flood hazard reduction provisions of KCC 14.09.170.
B. Within the lower Mill Creek floodplain delineated on the Flood
Insurance Rate Map Panels 969, 1232, and 1251 as a floodway:
1. Applicants shall provide onsite replacement of one hundred
percent of the storage area lost to encroachments so that there is no
increase in flood levels during the occurrence of the base flood discharge.
An alternative is to construct such that no net fill is placed onsite.
2. If an applicant seeks to provide offsite replacement of one
hundred percent of the storage area lost to encroachments so that
there is no increase in flood levels during the occurrence of base flood
discharge, the applicant must submit certification by a registered
professional engineer or architect demonstrating that encroachments shall
not result in any increase in flood levels during the occurrence of the base
26 Amend Chapter 14.09 KCC
Flood Hazard Regulations
165
flood discharge, and the offsite replacement location must be located
within the same watershed that the encroachment is occurring.
3. If subsection (13)(1) or (2) of this section is satisfied, all
residential construction and substantial improvements shall comply with all
applicable flood hazard reduction provisions of KCC 14.09.170.
Sec. 14.09.180. Floodways. Within the floodway of special
flood hazard areas ef speeial fleed h.aPaFd, the following provisions apply:
1. Prohibit encroachments, including fill, new construction, substantial
improvements, and other development unless certification by a registered
professional engineer or architect is provided demonstrating through
hydrologic and hydraulic analyses performed in accordance with standard
engineering practice that encroachments shall not result in any increase in
flood levels during the occurrence of the base flood discharge.
2. Construction or reconstruction of residential structures is prohibited
within designated floodways, except for: repairs, reconstruction, or
improvements to a structure which do not increase the ground floor area;
and repairs, reconstruction, or improvements to a structure, the cost of
which does not exceed fifty )—percent of the market value of the
structure either before the repair, reconstruction, or improvement is
started, or if the structure has been damaged, and is being restored before
the damage occurred. Work done to correct an existing violation of state or
local health, sanitary, or safety code specifications as identified by the
local code enforcement official and which is the minimum necessary to
assure safe living conditions ,
sanitaFY, OF safety code- or work done to structures identified as historic
places, shall not be included in the fifty percent determination.
27 Amend Chapter 14.09 KCC
Flood Hazard Regulations
166
3. Proiects specifically designed for the enhancement of fish habitat are
allowed within the floodway when they have been designed to minimize
their impact on base flood elevations, keep any rise in the 100-year flood
levels as close to zero as practically possible, and do not affect any
insurable structures.
43. If subsection (1) of this section is satisfied, all new construction and
substantial improvements shall comply with all applicable flood hazard
reduction provisions of KCC 14.09.170.
Sec. 14.09.190. Wetlands management. To the extent possible
adverse impacts to wetlands should be avoided as such:
1. Proposals for development within base—floodplains shall be reviewed
by the department of economic and community development Beth issuing
for their
probable effects on wetlands located within the floodplain.
2. Development activities in or around wetlands shall not negatively
affect public safety, health, and welfare by disrupting the wetlands' ability
to reduce flood and storm drainage.
3. Assistance from the United States Army Corps of Engineers,. ef-State
Department of Ecology, or oualified professional as defined in KCC 11.06,
shall be sought in identifying wetland areas.
Sec. 14.09.200. Standards for shallow flooding areas (AO
zones). Shallow flooding areas appear on FIRMs as AO zones with depth
designations. The base flood depths in these zones range from one to
three feet above ground where a clearly defined channel does not
exist, or where the path of flooding is unpredictable and where velocity
28 Amend Chapter 14.09 KCC
Flood Hazard Regulations
167
flow may be evident. Such flooding is usually characterized as sheet flow.
In these areas, the following provisions apply:
1. New construction and substantial improvements of residential
structures within AO zones shall have the lowest floor (including
basement) elevated above the highest grade adjacent to the building, one
foot or more above the depth number specified on the FIRM (at least
two feet if no depth number is specified).
2. New construction and substantial improvements or nonresidential
structures within AO zones shall either:
a. Have the lowest floor (including basement) elevated above
the highest adjacent grade of the building site, one foot or more above
the depth number specified on the FIRM (at least two feet if no depth
number is specified); or
b. Together with attendant utility and sanitary facilities, be
completely floodproofed to or above that level so that any space below
that level is watertight with walls substantially impermeable to the passage
of water and with structural components having the capability of resisting
hydrostatic and hydrodynamic loads and effects of buoyancy. If this
method is used, compliance shall be certified by a registered professional
engineer or architect as in KCC 14.09.170(2).
3. Require adequate drainage paths around structures on slopes
to guide floodwaters around and away from proposed structures.
29 Amend Chapter 14.09 KCC
Flood Hazard Regulations
168
Sec. 14.09.210 Appeals. The decision of the
WOF s director to approve. to approve with conditions or to
disapprove a permit or license for work in a s gvial flood hazard area shall
be in writing_ and may be appealed to the hearing examiner. The
requested permit or license shall not be issued reett=tt
during the appeal period. es—, 6kppeaIs
feffrom the director's decision
yreoarding proposals within a special flood
hazard area shall be governed bthe_�rocedures set forth in KCC
12.01.190 and Chapter 2.32 KCC.
— at-the
ac
4eterrr (-3 y--fe o T Lhe
v
atlens� t
t-e cnsc t-h r t# s
30 Amend Chapter 14.09 KCC
Flood Hazard Regulations
169
3—w kr—s
t
�--e .
e
ewe t
Sec. 14.09.220. Variances. Variances shall be completed in
accordance with those variance provisions identified in the city of Kent
critical areas cocle-Fegulatiefts found in (G T-M Chapter 11.06 KCC as
amended.
SECTION 2. - Corrections by City Clerk or Code Reviser. Upon
approval of the City Attorney, the City Clerk and the code reviser are
authorized to make necessary corrections to this ordinance, including the
correction of clerical errors; ordinance, section, or subsection numbering;
or references to other local, state or federal laws, codes, rules, or
regulations.
SECTION 3. - Severability. If any one or more section, subsection,
or sentence of this ordinance is held to be unconstitutional or invalid, that
decision shall not affect the validity of the remaining portion of this
ordinance and that remaining portion shall maintain its full force and
effect.
SECTION 4. - Effective Date. This ordinance shall take effect and
be in force thirty (30) days after its passage and publication, as provided
by law.
31 Amend Chapter 14.09 KCC
Flood Hazard Regulations
170
SUZETTE COOKE, MAYOR
ATTEST:
RONALD F. MOORE, CITY CLERK
APPROVED AS TO FORM:
TOM BRUBAKER, CITY ATTORNEY
PASSED: day of 12015.
APPROVED: day of 12015.
PUBLISHED: day of 12015.
I hereby certify that this is a true copy of Ordinance No.
passed by the City Council of the City of Kent, Washington, and approved
by the Mayor of the City of Kent as hereon indicated.
(SEAL)
RONALD F. MOORE, CITY CLERK
FIAQvllA0,J,n,o[6Afood H—rd Pe9Wzfions_K¢14.09.do-
32 Amend Chapter 14.09 KCC
Flood Hazard Regulations
171
ECONOMIC and COMMUNITY DEVELOPMENT
Ben Wolters, Director
400 PLANNING DIVISION
• Charlene Anderson, AICP, Planning Manager
K�ENT t
Phone: 253-856-5454
Fax: 253-856-6454
220 Fourth Avenue S.
Kent, WA 98032-5895
June 1, 2015
TO: Chair Randall Smith and Land Use and Planning Board Members
FROM: Charlene Anderson, AICP, Planning Manager
RE: Land Use Plan and Zoning Districts Map and Text Amendments [CPA-
2011-3/CPZ-2011-1] [KIVA#2142820/2142822]
For Meeting on June 8, 2015
MOTION: Recommend to the full City Council approval/denial/
modification of the map and text amendments to the City's comprehensive
Ian and Kent City Code as recommended by staff.
SUMMARY: Staff presented options and recommendations for docketed and staff-
proposed map and text amendments to the Land Use & Planning Board at the public
hearing on April 27, 2015. The agenda packet for the Board's May 111h public
hearing included a summary of staffs recommendations, as well as answers to
questions from the public hearings. The amendments need to move forward as a
whole to the City Council; however, staff requires further clarification from the
Board regarding the Board's recommendation, as it pertains to some of the
proposed amendments. Staff requests that the Board make a definitive
recommendation on all the proposed map and text amendments at its meeting on
June 8, 2015.
BUDGET IMPACT: None
BACKGROUND: At the April 271h public hearing, staff presented to the Board
several options for consideration, including a 'No Action" or as-is option.
Additionally, the Board may consider other options presented to them during public
testimony. Staff encourages Board members to review the video, agenda packets
and exhibits for the two public hearings and be prepared to make a
recommendation at the June 81h meeting on all of the proposed amendments that
have been presented to the Board.
Staff will be available on June 81h to answer questions. Furthermore, Board
members may meet with staff individually to ask questions.
CA:ah\S:\Permit\Plan\COM P_PLAN_AM ENDM ENTS\2011\CPA-2011-3_CPZ-2011-1_CompPlanUpdate\LUPB\06-08-
15_Meeting\060815_LUPB_Meedng_Map_and Text_Amendments-rev-052915.doc
cc: Ben Wolters, ECD Director
Kurt Hanson,AICP, Economic Development Manager
Matt Gilbert,AICP, Principal Planner
Charlene Anderson,AICP, Planning Manager
Project File
172
173
ECONOMIC and COMMUNITY DEVELOPMENT
Ben Wolters, Director
400 PLANNING DIVISION
• Charlene Anderson, AICP, Planning Manager
K�ENT t
Phone: 253-856-5454
Fax: 253-856-6454
220 Fourth Avenue S.
Kent, WA 98032-5895
June 1, 2015
TO: Chair Randall Smith and Land Use and Planning Board Members
FROM: Charlene Anderson, AICP, Planning Manager
RE: Comprehensive Plan Update
For Meeting on June 8, 2015
MOTION: Recommend to the full City Council approval/denial/
modification of the ten chapters or elements of the Kent Comprehensive
Plan, including associated Background and Technical Reports, Maps and
Memos as recommended by staff.
SUMMARY: The City is scheduled to complete an update to the Kent
Comprehensive Plan (the Plan) by June 30, 2015. The chapters and elements
replace previous versions of the Plan. Staff presented the chapters and elements at
the April 271h and May 111h public hearings along with recommended amendments.
The comprehensive plan update needs to move forward as a whole to the City
Council and will include the map and text amendments under consideration as a
separate agenda item at the June 81h meeting. Staff requests that the Board make a
definitive recommendation on all of the comprehensive plan chapters at its meeting
on June 8, 2015.
BUDGET IMPACT: None
BACKGROUND: At the April 271h and May 111h public hearings, staff presented to
the Board updated chapters and elements to the Kent Comprehensive Plan. The
chapters and elements replace existing chapters in the comprehensive plan. The
Board also may consider other amendments presented to them during public
testimony. Staff encourages Board members to review the video, agenda packets
and exhibits for the two public hearings and be prepared to make a
recommendation at the June 81h meeting on all of the proposed chapters and
elements of the comprehensive plan that have been presented to the Board.
Staff will be available on June 81h to answer questions. Furthermore, Board
members may meet with staff individually to ask questions.
CA:ah\S:\Permit\Plan\COM P_PLAN_AM ENDM ENTS\2011\CPA-2011-3_CPZ-2011-1_CompPlanUpdate\LUPB\06-08-
15_Meed ng\060815_LU P B_Meed ng_Comprehensi ve_Plan_Amendments.doc
cc: Ben Wolters, ECD Director
Kurt Hanson,AICP, Economic Development Manager
Matt Gilbert,AICP, Principal Planner
Charlene Anderson,AICP, Planning Manager
Project File