HomeMy WebLinkAbout3312Ordinance No. 3312
["Beginning July 1, 1998"]
(Amending or Repealing Ordinances)
CFN=675 — Water Quality Management Program; 131 -Zoning Codes
Passed — 9/17/1996
Soos Creek Basin Stream Buffers within the Meridian Annexation Area
Repealed by Ord. 3746
ORDINANCE NO.
AN ORDINANCE of the City Council of the City of
Kent, Washington, amending Kent City Code Section
15.08.224 pertaining to Soos Creek Basin Stream Buffers
within the Meridian Annexation Area.
WHEREAS, on January 1, 1996, the City annexed a 5.27 square mile area of
unincorporated King County lying east of the existing City limits, commonly known as the
Meridian Annexation Area; and
WHEREAS, three major creeks within the Soos Creek drainage system, Soos Creek,
Big Soos Creek, and Little Soos Creek, together with many unnamed tributaries to those
creeks, lie within the City's Meridian Annexation area; and
WHEREAS, these three creeks and their tributaries constitute a significant part of a
unique regional drainage system, providing valuable habitat for salmon and other plant
and wildlife species; and
WHEREAS, Metropolitan King County's development setbacks along these
tributaries, known as "buffers," establish more effective protection for these tributaries'
systems than would be established under Kent City Code development standards; and
WHEREAS, various parties who deem themselves affected by this potential change
in setback requirements have notified the City of their concerns for the continued
preservation of this important habitat area; and
Stream Buffer
WHEREAS, on December 19, 1995, after a public hearing on the matter, the Kent
City Council, by its Ordinance No. 3259, established interim zoning controls relating to
preservation of these stream buffers so that City staff could conduct further study on the
matter; and
WHEREAS, the City staff has studied this matter, and on May 29, 1996, the City's
Interim Land Use and Planning Board held a public hearing on a proposed zoning map
and text amendment that will permanently preserve these established stream development
standards on these tributaries in the Meridian Annexation Area; and
WHEREAS, the Interim Land Use and Planning Board determined, in principle, to
implement these setbacks and buffers, subject to review under the State Environmental
Policy Act ("SEPA") and also subject to final review and approval of the implementing
ordinance; and
WHEREAS, on June 18, 1996, the Kent City Council, by its Ordinance No. 3300,
extended the established interim zoning controls created by Ordinance No. 3259 to
preserve these stream development standards in the Meridian Annexation Area in order to
conduct SEPA review and to develop regulations pursuant to the direction of the Interim
Land Use and Planning Board; and
WHEREAS, SEPA review is now complete and the appropriate regulations have
been reviewed and accepted; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES
HEREBY ORDAIN AS FOLLOWS:
following stream buffer regulations within the Soos Creek Basin are adopted as an overlay
zoning requirement within the City's Meridian Annexation Area and potential annexation
area, a map indicating the affected basin within the annexation areas is attached as Exhibit
A. Accordingly, Kent City Code Section 15.08.224 is amended as follows:
Sec. 15.08.224. Same --Classifications and restrictions.
A. Classification categories and restrictions on lot coverage. Classification
categories and restrictions on lot coverage relative to hazard areas, from least to most
restrictive, are as follows:
Classification
Maximum
Amount of Im-
pervious Surfaces
Allowed
1. Low hazard areas. In low hazard areas, the maximum amount
of impervious surface allowed on each lot is thirty (30) percent.
Low hazard areas are defined as lands where the following
conditions exist:
a. Slopes fifteen (15) percent to twenty-five (25) percent
together with class 3 seismic hazard and class 2 erosion
hazard area; or 30%
b. Slopes fifteen (15) percent to twenty-five (25) percent
together with class 2 slide and slippage and class 3 erosion
hazard area; or 30%
3
C. Slopes fifteen 0 5) percent to twenty-five (25) percent
together with class 2 seismic and class 3 erosion hazard
area; or 30%
d. Seventy-five (75) to one hundred fifty (150) feet from the
top of a ravine in which a major or minor stream passes
through; or 30%
e. Thirty (30) to fifty (50) feet from the ordinary high-water
mark of a lake. (See the following illustration.) 30%
2. Moderate hazard areas. In moderate hazard areas, the maximum
amount of impervious surface allowed on each lot is ten 00)
percent. Moderate hazard areas are defined as those lands where
the following conditions exist: zero to thirty (30) feet from the
ordinary high-water mark of a lake. (See illustration.) 10%
3. High hazard areas. In high hazard areas, the maximum impervious
surface allowed on each lot is two (2) percent. High hazard areas
are defined as those lands where the following conditions exist:
a. Slopes fifteen 0 5) percent to twenty-five (25) percent
together with class 2 slide and slippage and class 3
seismic hazard, and class 3 erosion hazard area; or 2%
b. Slopes fifteen 0 5) percent to twenty-five (25) percent
together with class 3 slide and slippage and class 3
erosion hazard area; or 2%
C. Slopes twenty-five (25) percent to forty (40) percent
together with class 3 seismic and class 3 erosion
hazard area; or 2%
d. Slopes twenty-five (25) percent to forty (40) percent
together with class 3 erosion hazard area. 2%
4. Severe hazard areas. In severe hazard areas, the maximum
amount of impervious surface allowed on each lot is zero
4
percent. Severe hazard areas are defined as those lands where
the following conditions exist:
a. Slopes forty (40) percent and over; or 0%
b. Slopes twenty-five (25) percent to forty (40) percent
together with class 3 slide and slippage, class 3 seismic
hazard, and class 3 erosion hazard area; or 0%
C. All ravines; or
0%
d. Seventy-five (75) foot setback from the top of any ravine.
The top of a ravine is where the slope is generally less
than fifteen (15) percent; or 0%
e. Fifty (50) foot setback from the ordinary high-water mark of
any major creek; or 0%
f. Twenty-five (25) foot setback from the ordinary high-water
mark of any minor creek; or 0%
g. Ten 00) foot setback from the top of any drainage ditch; or 0%
h. All wetlands as defined in the document Classification of
Wetlands and Deepwater Habitats of the United States, by
the U.S. Fish and Wildlife Service of the Department of
Interior, a copy of which is filed with the city clerk. This
classification shall exclude all wetlands considered in the
Valley Floor Studies; or 0%
i. All unique and fragile areas defined in the revised Valley
Floor Studies, approved by city council on February 23,
1981, a copy of which is filed with the city clerk. 0%
B. Determination of precise location of hazard areas.
1. The hazard area development limitations map adopted by section 15.08.222
is based upon the most accurate data available at the time of preparation.
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2. To more accurately determine the location of hazard areas, the city may
require additional information with development proposals, including but
not limited to a survey of the area. The hazard area map shall be corrected
by planning and public works departments based upon more recent and
accurate information accepted by such departments.
C. Relocation of major or minor creek.
All major and minor creeks in the city, where they flow on or across
undeveloped land, shall be retained in their natural state and location.
2. Where retaining the major or minor creek in its natural state may interfere
with a proposed development, a site specific plan, referred to in this section
as a stream plan, drawn to scale, shall be prepared, which indicates how the
development will be constructed in relation to the stream and in relation to
required storm drainage regulations.
3. A stream plan shall be submitted to the city planning department for its
review prior to the issuance of any permit, including zoning, building,
grading, storm drainage or hydraulics.
4. The planning department shall review the stream plan in relation to the
proposed development plan and make a determination that the plan does
protect the integrity of the major or minor creek.
5. The planning department may cause a modification of the development plan
to ensure that the integrity of the major or minor creek is in fact retained.
6. Any authorization for changing the course of a major or minor creek or for
working in a major or minor creek shall follow the guidelines and
recommendations of the state department of fisheries and game (RCW
75.20.100).
7. Setbacks from a relocated major creek shall be fifty (50) feet or as
recommended by the state department of fisheries and game, whichever is
the greater.
P
8. Setbacks from a relocated minor creek shall be twenty-five (25) feet or as
recommended by the state department of fisheries and game, whichever is
the greater.
D Soos Creek Basin Stream Buffers overlay zone.
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44f,. Exceptions.
1. Low hazard areas. Development within seventy-five (75) to one hundred
fifty (150) feet of the top of a ravine through which a major or minor creek
passes may be permitted under the existing zoning requirements if it can be
demonstrated to the planning director that water quality and quantity will
not be impacted.
2. Severe hazard areas. A fifty -foot setback from the ordinary high-water mark
of any major creek is required. Impervious surfaces may be allowed a
maximum of twenty (20) percent closer to the ordinary high-water mark of a
major creek, if shading vegetation is presently located.
3. All hazard areas. The planning director shall have the authority to waive
specific requirements or impose additional requirements in unique or
special circumstances to ensure the fulfillment of the stated purpose of this
chapter and to allow for flexibility and innovation of design. Special
circumstances or unique conditions shall be reviewed with the planning
director prior to submittal of the development plan. Examples of special
conditions might include:
a. Preservation of unique wildlife habitat.
b. Preservation of natural or native areas.
C. Compliance with special easements.
d. Unique site uses.
4. Vehicular and pedestrian access. In situations where vehicular or pedestrian
access cannot reasonably be provided by avoiding identified watercourses,
then such access shall be allowed in the form of a vehicular or pedestrian
bridge. Construction of any bridge shall be subject to the approval of the
public works department regarding storm drainage and hydraulics, and
guidelines and recommendations of the state department of fisheries and
game.
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SFCTION 2. If any one or more sections, sub -sections, or sentences of this
Ordinance are held to be unconstitutional or invalid, such decision shall not affect the
validity of the remaining portion of this Ordinance and the same shall remain in full force
and effect.
SECTION 3. This Ordinance shall take effect and be in force five (5) days
from and after its passage, approval and publication as provided by law.
ATTEST:
BRENDA IACQ"BER/CITY CLERK
APPROVED AS TO FORM:
ROGER A. LU
CITY ATTORNE
PASSED 17 day of 1996.
APPROVED /% day of 1996.
PUBLISHED 20 day of 1996.
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hereby certify that this is a true copy of Ordinance No. J-31,2-, passed
by the City Council of the City of Kent, Washington, and approved by the Mayor of the
City of Kent as hereon indicated.
STREAM9.ORD
'%Z,,+�-(SEAL)
BRENDA JACOB , C CLERK
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CITY OF KENT SOOS CREEK BASIN OVERLAY
O SOOS CREEK BASIN OVERLAY ARE.A #ZCA-96-4
EXISTING CITY LIMITS
KENT POTENTIAL ANNEXATION AREA
TIAP CREATED I3Y KENT PLANNING DEPARTMENT EXHIBIT -'