HomeMy WebLinkAbout4097AN ORDINANCE of the City Council of the
City of Kent, Washington, establishing an infill
exemption allowance for the Downtown Subarea
Action Plan Area pursuant to the State
Environmental Policy Act.
RECITALS
A. On May 14, 2012, the Economic &Community Developme
Committee recommended to the City Council passage of a resolution
declaring an emergency under the Growth Management Act, RCW
36.70A.130(2)(b), and 12.02.010.A.1 Kent City Code, to pursue an
amendment to the Kent Comprehensive Plan to revise the 2005 Downtown
Strategic Action Plan. The City Council passed Resolution 1857 on June 5,
2012 declaring an emergency.
B. The City of Kent (City) has adopted a Comprehensive Plan
complying with the GM/A.
C. To guide Downtown's growth and redevelopment, the City has
engaged in extensive planning for the Downtown Subarea and has adopted
amendments to its Comprehensive Plan including the Downtown Subarea
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Action Plan (DSAP) Update. The DSAP supports the City Council's visi
statement and strategies for the creation of richly diverse neighborho
urban centers.
D. The State Environmental Policy Act (SEPA) and implementing
rules provide for the integration of environmental review with land use
planning and project review by jurisdictions planning under the Growth'
Management Act (GMA) through an exemption for infill development',
pursuant to RCW 43.21C.229, as amended by SB 6406, effective July 10,
2012.
E. On October 9, 2012, the City's SEPA responsible official issued
a Determination of Significance (DS)/Scoping Notice for the City of Kent
Downtown Subarea Action Plan Planned Action Supplemental
Environmental Impact Statement, solicited public comment through a
November 1, 2012, open house meeting, and invited comments during the
scoping period, which closed November 2, 2012. A Draft Supplemental
Environmental Impact Statement (SEIS) was issued on June 21, 2013.
The Draft SEIS was considered during a public hearing on the DSAP, which
was held on July 8, 2013 and July 22, 2013. A Final Supplemental
Environmental Impact Statement was issued on October 4, 2013.
F. The DSAP SEIS supplements the City of Kent Comprehensive
Plan Review and Midway Subarea Planned Action Environmental Impact
Statement completed in 2011 (2011 EIS).
G. The City of Kent Downtown Subarea Action Plan Planned
Action Supplemental EIS (referenced as the 2013 SEIS) and the 2011 EIS
jointly identify impacts and gation measures associated with planned
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he Combined DSAP Planned Actiot: EIS,
H. The City as lead agency provided public comment
opportunes through an SEIS scoping period in October 2012, and for th
DSAP Update in 2012 and 2013 as part of a coordinated DSAP public
participation program.
• Extensive community visioning was conducted through individual
interviews, three neighborhood meetings, and two online surveys.
• A Downtown Steering Committee consisting of community business
and property owners, local developers, citizens, and city leadership,
convened seven (7) times between July 2012 and April 2013 for the
purpose of advising the DSAP update.
• The Land Use and Planning Board held workshops on June 25, 2012,
October 22, 2012, March 11, 2013, May 13, 2013, May 28, 2013,
and June 24, 2013, to review the DSAP update and associated
comprehensive plan and zoning text and map amendments. On July
81 2013, and July 22, 2013, the Land Use and Planning Board held a
public hearing to consider the draft DSAP update, land use plan map
amendments, rezones, comprehensive plan and zoning text
amendments and the Draft SEIS.
• The City conducted three briefings and meetings with the City
Council's Economic & Community Development Committee on June
11, 2012, March 11, 2013, and October 14, 2013.
• The City Council was briefed on the DSAP Update and
recommendations at a workshop held on September 17, 2013.
I. The City has adopted development regulations and ordinances
that will help protect the environment, and is adopting regulations specc
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• • •. -I I•-C�I 1111111V t • • • .I
desired development.
J. After providing appropriate public notice, the City Council o
the City of Kent conducted a public hearing on November 12, 2013,
consider the Infill Exemption Ordinance.
K. On June 19 and June 21, 2013, the City provided the State
Washington the required sixty (60) day notification under RCW 36.70A.106
for the DSAP Update, Land Use Plan and Zoning District Map Amendments,
Draft Planned Action and Infill Exemption Ordinances. On July 23, 2013,
the City provided the State of Washington the required sixty (60) day
notification under RCW 36.70A.106 for the Mixed Use Overlay Code
Amendments and code reference correction for downtown design
guidelines. The sixty (60) day notice periods have lapsed.
L. On October 4, 2013, the City's SEPA responsible official issued
the Final Planned Action SEIS for the DSAP Update.
NOW, THEREFORE, the City Council of the City of Kent, Washington
ordains as follows:
SECTION I. -Purpose. The City Council declares that the purpose
of this Ordinance is to:
A. Exempt residential, mixed use, and selected commercial infill
development that is consistent with the Comprehensive Plan, Kent
development regulations, and the development studied in the City of Kent
Downtown Subarea Action Plan Draft and Final SEIS (2013 SEIS) and the
City of Kent Comprehensive Plan Review and Midway Subarea Planned
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Action EIS completed in 2011, collectively referenced as the Combine
DSAP Planned Action EIS; and,
B. Establish criteria and procedures, consistent with state law,
that will determine whether proposed exempt projects within the
designated Mixed Use and Infill Development Categorical Exemption Area
qualify for exemption from SEPA review; and,
C. Provide the public with information about how the City will
process infill exemptions; and,
D. Apply the City's development regulations together with the
infill exemption thresholds defined in this ordinance to address the im
of future development contemplated by this ordinance.
SECTION 2. - Findin4s. The City Council finds as follows:
A. The City is subject to the requirements of the GMA (RCW
36.70A); and
B. The City is adopting the Downtown Subarea Action Plan, a
subarea plan under the GMA, and associated Comprehensive Plan
Amendments as appropriate; and
C The Mixed Use and Infill Development Categorical Exemption
Area encompasses an area of approximately 408 gross acres; and
D. The Combined DSAP Planned Action EIS has been prepared
for the Mixed Use and Infill Development Categorical Exemption Area; and
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E. The thresholds incorporated in this ordinance, together with
adopted City development regulations, will adequately mitigate significa
impacts from development within the Mixed Use and Infill Developme
Categorical Exemption Area ; and
F. The Downtown Subarea Action Plan and associated
development regulations identify the location, type and amount
development that is contemplated by the infill exemption; and
G. Future projects that are implemented consistent with the
City's Comprehensive Plan, development regulations, and this ordinancE
will protect the environment, benefit the public and enhance economic
development; and
H. The City provided several opportunities for meaningful publ
involvement in the Downtown Subarea Action Plan and 2013 SEIS, has
considered all comments received, and, as appropriate, has modified the
proposal in response to comments.
SECTION 3. —New Section. Chapter 11.03 of the Kent City Code is
amended by adding a new section 11.03.215, entitled, "Categorical
exemptions for residential mixed use and residential infill development,"
and reads as follows:
Sec. 11.03.215. Categorical exemptions for residential mixed
use and residential infill development.
A. Mixed Use and Infill Development Categorical Exemption Area
Designated. The city designates a categorical exemption for construction of
residential developments, non -retail commercial developments less than
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65,000 square feet in size, and mixed use developments under
43.21C.229 in the following boundary.
nt"ivy" Subarea
Action Plan
Legend
�` Inf l Exemption Area
DSAP Study Area
Tax Parcels 2012
B. Exempt Levels of Construction and Trips. In order to
accommodate residential mixed use and residential infill development in
the Mixed Use and Infill Development Categorical Exemption Area
Designated in subsection (A) of this section, the city establishes the
following exempt levels for construction of residential developments and
mixed use developments under RCW 43.21C.229, considered the Mixed
Use and Infill Development and Trip Bank.
1. Exempt levels of infill residential and mixed use
development through the year 2031 are shown in the table below. No
individual stand-alone non -retail commercial development shall exceed
65,000 square feet in size.
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Growth Type Base Year (2006)
DSAP Study Area
Alternative 2 Moderate Alternative 2 -Net
Growth Total (2031) Growth (2031)
Households 4,505 7,978 3,473
I
Jobs3,184 5,507 2,323
Total Activity Units 7;689 13,485 51796
(Jobs and Households)
Includes hotel rooms and university students as part of "jobs" consistent with the presentation of growth figures
in the prior 2011 EIS. However, these elements make up only 3% of the job totals.
For the purposes of this section:
a. Infill means: Residential developments, non -
retail commercial developments less than 65,000 square feet in size, and'
mixed use developments on unused and underutilized lands within the
designated Mixed Use and Infill Development Categorical Exemption Area.
b. Mixed use development means: Two (2) or more
permitted uses or conditional uses developed in conjunction with one
another on the same site. A mixed use development may include two (2)
or more separate buildings if the requirements of this section are met,
provided that at least twenty-five (25) percent of the gross floor area, as
defined in KCC 15.02.170, be a permitted commercial use. For mixed use
development in the General Commercial district, the percentage of gross
floor area that must be a permitted commercial use may be reduced to five
(5) percent. The residential component of any mixed use development
cannot be permitted or occupied prior to the permitting and/or occupancy
of the commercial component.
2. To be considered for the infill exemption, where a
proposal includes the construction of a new building, the minimum height
shall be two stories. The maximum height shall be consistent with those
studied in the Combined DSAP Planned Action EIS and applicable in the
subject zoning district.
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3N For infill residential and mixed use development in t
area designated in subsection (A) of this section, the city may permit up to
3,740 new trips over the existing trips, consistent with Alternative 2, as
established by the SEPA responsible official in the City of Kent Downtown
Subarea Action Plan Planned Action Draft and Final SEIS issued June 21,
2013 and October 4, 2013, respectively.
C. Traffic Analysis, Concurrency, Impact Fees. In determining
whether or not a proposal is exempt, the SEPA responsible official shall
consider a traffic analysis based on the quantity of development units and
the related applicable trip generation.
1. Concurrency. All exempt development applications
shall meet the transportation concurrency requirements and the LOS
thresholds established in Chapter 12.11 KCC, as amended by the 2008
Transportation Master Plan, and the multimodal levels of service
established in the 2013 DSAP SEIS.
2. Traffic Impact Mitigation. Until the 2008 Transportation
Master Plan and Impact Fee Ordinance are updated, infill exemption
proposals shall pay their cost per trip for the street, pedestrian, and bicycle
improvements identified below as part of the DSAP Study Area fee
program in addition to the 2008 Transportation Master Plan and associated
impact fee program, KCC 12.14 Transportation Impact Fees,
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Alternative 2 - Mitigation Measure Cost Estimates per Trip
Infill Exemption Area
Mitigation Measure 3,740 Trip Growth over Existing
Type
Cost Cost per Trip
Street $7,000' $1.87
Pedestrian $1,400,000 $374.33
Bicycle $1,4281000 $381.82
Total $2,835,000 $758.02
Notes:
1. The total cost of $10,000 is shared proportionately between the Planned Action and Infill Exemption Areas
according to the number of trips generated (30 percent by the Planned Action Area and 70 percent by the Infill
Exemption Area),
Source: Fehr & Peers, 2013
3. Impact Fees: Chapter 12.14 KCC requires development
to pay its fair share for capital improvement projects in the city's
Transportation Master Plan and provides guidance for how impact fees are
to be assessed.
4. Discretion. The public works director or the director's
designee shall have discretion to determine incremental and total trip
generation, consistent with the Institute of Traffic Engineers (ITE) Trip
Generation Manual (latest edition) or an alternative manual, accepted at
the director's sole discretion, for each project permit application proposed
under this Infill Exemption Ordinance,
D. Development will be allowed under this exemption up to the
point that development levels of housing, jobs, and trips have been
achieved, unless denied by concurrency.
E. Parks and Open Space. Until such time as the city adopts a
new Parks and Open Space Plan, and adopts Kent City Code amendments
addressing public and private open space and recreation standards and
requirements applicable to the Mixed Use and Infill Development
Categorical Exemption Area, the following mitigation measures shall apply.
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Following adoption of a new Parks and Open Space Plan Kent City C
amendments such standards shall supersede the measures below.
1. Urban Park Space: Each infill exemption proposal shal
dedicate onsite two hundred and fifty (250) square feet of public park ar
per dwelling unit or provide a fee in lieu of dedication consistent w
subsection (E)(3) of this section.
2. Private Onsite Recreation and Open Space: Each infil
exemption proposal shall. provide private onsite recreation space fo
leisure, play, and sport activities at a ratio of two hundred (200) squar(
feet per dwelling unit. Each residential or mixed-use development is
required to provide the private space in one or more of the followinc
arrangements.
play area
a. An individual balcony or screened patio for each unit
bI Small, shared courtyards and a furnished children'c.
c. Roof -top open space —roof garden or game court
The recreation space proposed by the applicant shall
approved by the parks and community services director. Alternatively u
to fifty (50) percent of the private open space may be accomplished offsit
or through a fee in lieu consistent with subsection (E)(3) of this section.
3. Through a negotiated voluntary agreement the
may allow up to fifty (50) percent of the private recreation space and up to
one hundred (100) percent of the public recreation space in subsections
(E)(1) and (E)(2) of this section to be: 1) accomplished offsite as approved
by the parks and community services director; or 2) a fee -in -lieu of
providing the space onsite following the procedures in KCC 12.04.065.
F. Cultural Resources: The following mitigation measures shall
apply to infill exemption proposals:
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1. In the event that a future development project in th
study area is proposed on or immediately surrounding a site containing an
archaeological resource, as defined in Chapter 27.53 RCW, the potential
impacts on the archaeological resource shall be considered and, if needed,
a study conducted by a professional archaeologist shall be required to be
conducted at the applicant's expense to determine whether the proposed
development project would materially impact the archaeological resource.
2. If the impacts on archaeological resources cannot b
avoided, the city shall require that an applicant obtain all appropriate
permits consistent with state and federal laws and that any required
archaeological studies are completed before permitting any project that
would disturb archaeological resource(s). Under Chapter 27.53 RCW, a
permit must be obtained from the department of archaeology and historic
preservation (DAHP) prior to disturbing a known archaeological resource or
site. The avoidance of archaeological resources through selection of project
alternatives and changes in design of project features in the specific area
of the affected resource(s) would eliminate the need for measuring or
mitigating impacts.
3. Developers and property owners shall immediately stop
work and notify the city, DAHP and affected tribes if archaeological
resources are uncovered during excavation. Following such notification, the
city may require implementation of subsections (F)(1) and (F)(2) of this
section.
4. If impacts cannot be avoided on a historic resource that
is determined eligible for listing on either state or national historic
registers, the applicant shall consult with DAHP regarding mitigation
options and shall provide documentation of consultation to the city.
5. To include DAHP in the review of historic properties
within the Infill Exemption area, the city will notify the state historic
preservation officer (SHPO) regarding proposals involving eligible or
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designated historic properties through the evaluation of proposals
consistent with Chapter 12.01 KCC.
G. Water Quality: By December 31, 2016, regulations will be in
place to address water quality treatment and promote low impact
development measures that are equivalent to the 2012 Department of
Ecology Western Washington Stormwater Management Manual. Prior to
2016, the city shall require that applicants identify any low impact
development (LID) techniques described in the 2012 Ecology manual and
demonstrate why unincorporated LID techniques are not feasible. As part
of required land use, building, or construction permits, the city may
condition applications to incorporate feasible and site -appropriate LID
techniques.
H. Air Quality Control Plans: The City shall require all
construction contractors to implement air quality control plans for
construction activities. The air quality control plans will include best
management practices (BMPs) to control fugitive dust and odors emitted
by diesel construction equipment, including but not limited to the following
measures.
1. Develop a fugitive dust control plan.
2. Use water sprays or other non-toxic dust control
methods on unpaved roadways.
surfaces.
practical.
3. Minimize vehicle speed while traveling on unpaved
4. Prevent track out of mud onto public streets.
5. Cover soil piles when practical.
6. Minimize work during periods of high winds when
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7. Maintain the engines of construction equipme
according to manufacturers' specifications.
in use.
8. Minimize idling of equipment while the equipment is n
9. Burning of slash or demolition debris will not
permitted without express approval from the Puget Sound Clean Air
Agency (PSCAA). No slash burning is anticipated for any construction
projects in the study area.
I. Greenhouse Gas Reduction: Infill exemption applicants shall
identify the greenhouse gas reduction measures that are being
implemented in their projects, and explain why other measures listed in
the 2011 City of Kent Comprehensive Plan Review and Midway Subarea
Planned Action EIS are not included or are not applicable. The city shall, as
appropriate, condition infill exemption applications to incorporate reduction
measures determined by the city to be feasible and appropriate for site
conditions, based on the development application.
J. Solar access for public pedestrian spaces, pedestrian/bicycle
pathways, parks, schools and other areas sensitive to shading shall be
preserved by requiring upper -story or ground -level setbacks for adjacent
development. To the greatest extent possible, new development shall
minimize casting shadows on public spaces during their primary hours of
daytime use.
K. The city may condition infill exemption proposals to
incorporate site design measures that preserve significant public views
from public areas.
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L. Infill exemptions shall comply with the following nois
mitigation measures:
1. To reduce construction noise at nearby receptors, th
following mitigation measures shall be incorporated into construction plan
and contractor specifications.
a. Locating stationary equipment away fro
receiving properties to decrease noise from that equipment.
b. Erecting portable noise barriers around loud
stationary equipment located near sensitive receivers to reduce noise.
c. Limiting construction activities between 10:00
p.m. and 7:00 a.m. to avoid sensitive nighttime hours.
A
. Turning off idling construction equipment to
eliminate unnecessary noise.
AM
. Requiring contractors to rigorously maintain all
equipment to potentially reduce noise effects.
f. Training construction crews to avoid
unnecessarily loud actions (e.g., dropping bundles of rebar onto the
ground or dragging steel plates across pavement) near noise -sensitive
areas to reduce noise effects.
2. At its discretion, the city may require all prospective
infill exemption developers to use low -noise mechanical equipment
adequate to ensure compliance with the city's daytime and nighttime noise
ordinance limits. Depending on the nature of the proposed development,
the city may require the developer to conduct a noise impact study to
forecast future noise levels and to specify appropriate noise control
measures.
3. To address traffic and transit noise, the city may, at its
discretion, require new residential development to install triple -pane glass
windows or other bung insulation measures using its authority under
the Washington State Energy Code (KCC 14.01.010).
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M. Exemption Procedure. Upon approval of the proposal
according to the provisions of Chapter 12.01 KCC, the SEPA responsible
official shall remove dwellings, jobs, and trips from the levels specified in
subsections (6)(1) and (13)(3) of this section. These exempt levels are not
applicable once the total available units, jobs, or trips have been utilized.
N. General Monitoring. The SEPA responsible official will monito
the total development approved as part of the development approval
process for any development in the area designated in subsection (A) of
this section, whether considered exempt or not, in order to ensure that the
available units, square feet, and trips cumulatively address growth planned
for the designated Mixed Use and Infill Development Categorical
Exemption Area.
SECTION 4. —New Subsection. Section 11.03.220, entitled, Use
of exemptions," is amended by adding a new subsection (D) to read as
follows:
Sec. 11.03.220. Use of exemptions.
A. Each department within the city that receives an application
for a license or, in the case of governmental proposals, the department
initiating the proposal, shall determine whether the license and/or the
proposal is exempt. The department's determination that a proposal is
exempt shall be final and not subject to administrative review. If a
proposal is exempt, none of the procedural requirements of this chapter
apply to the proposal. The city shall not require completion of an
environmental checklist for an exempt proposal.
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0 in aetermining whether or not a proposal is exemp)
department shall make certain the proposal is properly defined and steal
identify the governmental licenses required (WAC 197-11-060). If <
proposal includes exempt and nonexempt actions, the department shal
determine the lead agency, even if the license application that triggers the
department's consideration is exempt.
C. If a proposal includes both exempt and nonexempt actions
the city may authorize exempt actions prior to compliance with th
procedural requirements of this chapter, except that:
1. The city shall not give authorization for:
a. Any nonexempt action;
b. Any action that would have an adverse
environmental impact; or
c. Any action that would limit the choice o
reasonable alternatives.
2. A department may withhold approval of an exempt
action that would lead to modification of the physical environment, when
such modification would serve no purpose if nonexempt actions were not
approved; and
3. A department may withhold approval of exempt actions
that would lead to substantial financial expenditures by a private applicant
when the expenditures would serve no purpose if nonexempt actions were
not approved.
D. The city may authorize a categorical exemption for residential
mixed use, non -retain commercial space, and residential infill development
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for specifically designated portions of the Downtown Subarea Action Plan
area pursuant to KCC section 11.03.215.
SECTION 5. -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 6. -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 7. -Effective Date. This Ordinance shall be in force five
(5) days after its passage and publication, as provided by law.
ATTEST:
NALD F. ORF�;CITY CLERK
COOKE, MAYOR
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APPROVED AS TO FORM:
ARTHUR PAT'" FITZPATRICK; ACTING CITY ATTORNEY
PASSED: day of , 2013.
APPROVED: day of , 2013.
PUBLISHED: day of r , 2013.
I hereby certify that this is a true copy of Ordinance No.
passed by the City Council of the City of Kent, Washington, and approv
by the Mayor of the City of Kent as hereon indicated. .�e
P:\Civil\Ordinance\DSAP 2013\Optlon3_InfillordfinaLDocx
RONALD
CITI�CLERK
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