HomeMy WebLinkAboutCity Council Committees - Economic and Community Development Committee - 06/11/2018
Unless otherwise noted, the Economic and Community Development C ommittee meets at 5
p.m. on the second Monday of each month in the Kent City Hall, Council Chambers East,
220 Fourth Avenue South, Kent, WA 98032.
For additional information please contact Rhonda Bylin at 253-856-5457 or via email at
RBylin@KentWA.gov.
Any person requiring a disability accommodation should contact the City Clerk’s Office at
253-856-5725 in advance. For TDD relay service call Washington Telecommunications Relay
Service at 7-1-1.
Economic and Community
Development Committee
Agenda
Chair - Bill Boyce
Councilmembers - Toni Troutner, Satwinder Kaur
Kurt Hanson, Economic and Community Development Director
Monday, June 11, 2018
5:00 p.m.
Item Description Action Speaker Time
1. Call to Order Chair Boyce 01 MIN.
2. Roll Call Chair Boyce 01 MIN.
3. Changes to the Agenda Chair Boyce 01 MIN.
4. Approval of May 14, 2018
Minutes
YES Bill Boyce 05 MIN.
5. Economic Development Update NO Bill Ellis 10 MIN.
6. Malik Ridge Neighborhood
Council
YES Toni Azzola 15 MIN.
7. North Scenic Hill Neighborhood
Council
YES Toni Azzola 05 MIN.
8. Comprehensive Plan
Amendments
YES Hayley Bonsteel 10 MIN.
9. Sound Transit Agreements NO Hayley Bonsteel 20 MIN.
10. Infraction Ordinance YES Matt Gilbert 10 MIN.
11. Adjournment Chair Boyce 01 MIN.
ECONOMIC AND COMMUNITY DEVELOPMENT COMMITTEE
Kurt Hanson, Economic and Community Development Director
220 Fourth Avenue S,
Kent, WA 98032
253-856-5454
DATE: June 11, 2018
TO: Economic and Community Development Committee
SUBJECT: Approval of May 14, 2018 Minutes
MOTION: Move to approve the minutes for the meeting of May 14, 2018 as
submitted by Rhonda Bylin.
BUDGET IMPACT: none
ATTACHMENTS:
1. 5-14-2018 Minutes Unapproved (PDF)
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Page 1 of 4
Pending Approval
Economic and Community
Development Committee
CC ECDC Regular Meeting
Minutes
May 14, 2018
Date: May 14, 2018
Time: 5:00 PM
Place: Chambers East
Attending: Bill Boyce, Committee Chair
Toni Troutner, Councilmember
Satwinder Kaur, Councilmember
Agenda:
1. Call to Order 5:00 PM
2. Roll Call
Attendee Name Title Status Arrived
Bill Boyce Committee Chair Present
Toni Troutner Councilmember Present
Satwinder Kaur Councilmember Present
3. Changes to the Agenda
4. Approval of April 9, 2018 Minutes
MOTION: Move to approve the minutes from the ECDC Committee
meeting of April 9, 2018.
RESULT: APPROVED [UNANIMOUS]
MOVER: Toni Troutner, Councilmember
SECONDER: Satwinder Kaur, Councilmember
AYES: Boyce, Troutner, Kaur
5. Economic Development Update
Bill Ellis gave a brief talk on recent economic development activities including
the Award won by Kent's own Pacific Metallurgical Small firm Manufacturer of
the Year, during a ceremony attended by ECD Staff, the present council
members and Dana Ralph and Patrick Briggs.
Puget Sound Regional Council are attempting to define what the Space
Sector means today and what its economic impacts are: who are these
employers, what are these jobs, and what are their specific needs when it
comes to workforce enhancement.
Kent Sponsorship of the AJAC Training Center Employer roundtable breakfast
to be held in May is an effort to bring Kent Valley and adjacent district
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Economic and Community Development
Committee CC ECDC Regular Meeting
Minutes
May 14, 2018
Kent, Washington
Page 2 of 4
employers together to gather insights and foster collaboration on these
issues.
Councilmember Kaur mentioned Renton's work with Q13 news to promote
Renton as a technology hub, and Bill indicated he saw many future
opportunities to co-brand with Renton and other organizations and groups to
benefit Economic Development in Kent.
Chairman Boyce congratulated Bill on the unveiling of underpass lights for
Meet ME on Meeker DT enhancement project.
6. School District Impact Fees
Hayley Bonsteel, Long Range Planning Manager, presented a proposal to
adopt an ordinance setting a maximum allowable school district impact fee of
$8,229 for single-family dwelling units and $8,386 for multifamily dwelling
units, which will be updated each year based on construction cost index
values. The City Authorizes these fees on behalf of the school districts which
operate within its boundaries, but for various reasons, and depending on the
school district, there has been very little predictability from year to year in
the size of the fees assessed on new development, and the proposal is an
effort to provide a more predictable cost for developers, while still collecting
the funds needed for the impacted school districts.
Sally McLean from Federal Way School District requested the floor and read a
prepared statement on behalf of Superindtendent Campbell that FWSD was
strongly opposed to the proposal to set a cap, explaining that they had
determined the fees based on the King County Model established by the
Growth Management Act and that it should be born in mind that during the
down economy when no one was building housing, they were collecting no
fees at all, and now that so much of the construction is multifamily housing
which is having a far greater impact on school enrollments than predicted,
and on which no impact fees are collected, so it stood to reason that
assessments would be high when construction activity resumed.
A representative from Auburn School District, while admitting the cap would
have almost no impact in his district, also registered his concerns about this
proposal.
Satwinder Kaur remarks that she feels somewhat uncomfortable that we
have no comment from the Kent School District. Ms. Bonsteel notes that
efforts to contact KSD officials had not resulted in feedback from them as
yet.
MOTION: Recommend Council adopt an ordinance setting a maximum
allowable school district impact fee of $8,229 for single-family
dwelling units and $8,386 for multifamily dwelling units, which will
be updated each year based on construction cost index values.
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Economic and Community Development
Committee CC ECDC Regular Meeting
Minutes
May 14, 2018
Kent, Washington
Page 3 of 4
RESULT: RECOMMENDED TO COUNCIL [UNANIMOUS] Next: 6/11/2018
5:00 PM
MOVER: Toni Troutner, Councilmember
SECONDER: Satwinder Kaur, Councilmember
AYES: Boyce, Troutner, Kaur
7. Code Enforcement Civil Infractions Ordinance
Matt Gilbert presented to the committee that the ECD Code Enforcement
office has been working the Law Department to explore further process
improvements in the area of Code Enforcement which went through a
lengthy lean process in 2016, which brought more structure and follow
through to the process of holding property owners and tenants responsible
for substandard conditions on private property. The efficiencies created
brought attention to the burdensome nature of the documentation required
to bring a troubled property into compliance.
The ordinance we propose to council is still in draft form, but it will request
that we add civil infraction authority to Chapter 8 (health & sanitation),
chapter 13 (fire prevention), Chapter 14 (buildings & construction) and
chapter 15 (zoning) of the Kent City Code.
ECD proposes to continue sending admonishment letters, as a courtesy to
property owners and tenants prompting them to correct violations before a
citation is issued. We expect the infraction process to result in faster
compliance with less staff time required to resolve each complaint. We are
interested in the Committee’s feedback and plan to bring forward an
ordinance for action on June 11.
8. Lodging Tax Advisory Committee Operations Structure and Grant
Funding Cycle
Michelle Wilmot presented that city staff will be proposing the establishment
of a more structured operation and grant funding process for Kent’s Lodging
Tax Advisory Committee (LTAC). Currently, word-of-mouth is the primary
avenue applicants become aware of the availability of grant dollars to
support tourism activities.
While the rules for how these funds are utilized are strict, staff feels that
there is a way to expand the definition of tourism to include business travel
and other activities associated with all the commerce that takes place in
Kent.
The current system is very ad hoc and has not resulted in the hoped for
variety of events in which to participate. We are currently meeting with our
non city partners on the LTAC committee to gauge their openness to
changing the process and collaborate on the proposed changes.
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Economic and Community Development
Committee CC ECDC Regular Meeting
Minutes
May 14, 2018
Kent, Washington
Page 4 of 4
Bill Boyce remarked that the Lodging Tax Funds represent a significant
opportunity to provide help to groups who want to stage events in our lovely
city, and it would be nice to see more volume and variety of proposals to
consider.
Kurt Hanson offered anecdotally that his personal involvement with similar
grant dispensing organizations utilizing a more structured and competitive
process did result in a higher bar for the events that received funding.
9. Adjournment 6:01 AM
Committee Chair Bill Boyce Adjourned the Meeting
Committee Secretary
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ECONOMIC AND COMMUNITY DEVELOPMENT COMMITTEE
Kurt Hanson, Economic and Community Development Director
220 Fourth Avenue S,
Kent, WA 98032
253-856-5454
DATE: June 11, 2018
TO: Economic and Community Development Committee
SUBJECT: Economic Development Update - Information Only
SUPPORTS STRATEGIC PLAN GOAL:
Authentic Connectivity and Communication
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ECONOMIC AND COMMUNITY DEVELOPMENT COMMITTEE
Kurt Hanson, Economic and Community Development Director
220 Fourth Avenue S,
Kent, WA 98032
253-856-5454
DATE: June 11, 2018
TO: Economic and Community Development Committee
SUBJECT: Malik Ridge Neighborhood Council Resolution
Motion: Recommend Council adopt a resolution that recognizes the
Malik Ridge Neighborhood Council, supports its community building efforts,
and confers all opportunities offered by the City’s Neighborhood Program.
SUMMARY: The Malik Ridge neighborhood consists of 11 households and is
located on the East Hill of Kent. On March 20, 2018, the Malik Ridge neighborhood
submitted an official registration form to request that the City recognize their
neighborhood council and allow the neighborhood to take part in the City’s
neighborhood program. The neighborhood has now completed the process to be
recognized as a neighborhood council.
BUDGET IMPACT: None
SUPPORTS STRATEGIC PLAN GOAL:
Authentic Connectivity and Communication, Thriving Neighborhoods and Urban
Centers, Inclusive Community
ATTACHMENTS:
1. Malik Ridge Neighborhood Council Resolution (PDF)
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1 Malik Ridge
Neighborhood Council Resolution
RESOLUTION NO. ___________
A RESOLUTION of the city council of the city
of Kent, Washington, recognizing Malik Ridge
Neighborhood Council.
RECITALS
A. The city of Kent has developed a Neighborhood Program to
promote and sustain an environment that responds to residents by building
partnerships between the City and its residents. In addition, the city of Kent
encourages residents to work together to form geographically distinct
neighborhood councils as a means to foster communication among residents
and to enhance their sense of community.
B. The city of Kent recognizes and supports neighborhood councils
by endorsing a process to establish neighborhood boundaries, approve
neighborhood councils, and provide neighborhood grant matching program
opportunities to make improvements in defined neighborhoods.
C. The Malik Ridge neighborhood consists of eleven households.
D. The Malik Ridge neighborhood is located on Kent’s East Hill and
is situated to the north of Kent Kangley with all eleven homes on 133rd Place
S.E. The Neighborhood is shown on Exhibit A, attached and incorporated by
this reference.
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2 Malik Ridge
Neighborhood Council Resolution
E. On March 20, 2018, the Malik Ridge neighborhood submitted an
official registration form to request that the City recognize the Malik Ridge
Neighborhood Council and to allow the Neighborhood to take part in the
City’s Neighborhood Program.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS:
RESOLUTION
SECTION 1. – Recognition of Neighborhood Council. – The City Council
for the city of Kent hereby acknowledges the effort and commitment of the
Malik Ridge neighborhood and all those who participated in forming the Malik
Ridge Neighborhood Council. The Kent City Council hereby recognizes Malik
Ridge Neighborhood Council as an official Neighborhood Council of the city of
Kent, supports Malik Ridge Neighborhood Council community building efforts,
and confers on the Malik Ridge Neighborhood Council all opportunities offered
by the City’s Neighborhood Program.
SECTION 2. – Severability. If any section, subsection, paragraph,
sentence, clause or phrase of this resolution is declared unconstitutional or
invalid for any reason, such decision shall not affect the validity of the
remaining portions of this resolution.
SECTION 3. – Ratification. Any act consistent with the authority and
prior to the effective date of this resolution is hereby ratified and affirmed.
SECTION 4. – Effective Date. This resolution shall take effect and be
in force immediately upon its passage.
PASSED at a regular open public meeting by the city council of the city
of Kent, Washington, this day of June, 2018.
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3 Malik Ridge
Neighborhood Council Resolution
CONCURRED in by the mayor of the city of Kent this ______ day of
June, 2018.
DANA RALPH, MAYOR
ATTEST:
KIMBERLEY A. KOMOTO, CITY CLERK
APPROVED AS TO FORM:
ARTHUR “PAT” FITZPATRICK, CITY ATTORNEY
P:\Civil\Resolution\Neighborhoodcouncilmalikridgeresolution.Docx
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EXHIBIT A
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ECONOMIC AND COMMUNITY DEVELOPMENT COMMITTEE
Kurt Hanson, Economic and Community Development Director
220 Fourth Avenue S,
Kent, WA 98032
253-856-5454
DATE: June 11, 2018
TO: Economic and Community Development Committee
SUBJECT: North Scenic Hill Neighborhood Council Resolution
MOTION: The North Scenic Hill neighborhood consists of 774 households and is
located on the East Hill of Kent. On May 30, 2018, the North Scenic Hill
neighborhood submitted an official registration form to request that the City
recognize their neighborhood council and allow the neighborhood to take part in the
City’s neighborhood program. The neighborhood has now completed the process to
be recognized as a neighborhood council.
SUMMARY: The North Scenic Hill neighborhood consists of 774 households and is
located on the East Hill of Kent. On May 30, 2018, the North Scenic Hill
neighborhood submitted an official registration form to request that the City
recognize their neighborhood council and allow the neighborhood to take part in the
City’s neighborhood program. The neighborhood has now completed the process to
be recognized as a neighborhood council.
BUDGET IMPACT: None
SUPPORTS STRATEGIC PLAN GOAL:
Authentic Connectivity and Communication, Thriving Neighborhoods and Urban
Centers, Inclusive Community
ATTACHMENTS:
1. North Scenic Hill Neighborhood Council Resolution (PDF)
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1 North Scenic Hill
Neighborhood Council Resolution
RESOLUTION NO. ___________
A RESOLUTION of the city council of the city
of Kent, Washington, recognizing North Scenic Hill
Neighborhood Council.
RECITALS
A. The city of Kent has developed a Neighborhood Program to
promote and sustain an environment that responds to residents by building
partnerships between the City and its residents. In addition, the city of Kent
encourages residents to work together to form geographically distinct
neighborhood councils as a means to foster communication among residents
and to enhance their sense of community.
B. The city of Kent recognizes and supports neighborhood councils
by endorsing a process to establish neighborhood boundaries, approve
neighborhood councils, and provide neighborhood grant matching program
opportunities to make improvements in defined neighborhoods.
C. The North Scenic Hill neighborhood consists of seven hundred
seventy-four households.
D. The North Scenic Hill neighborhood is located on Kent’s East Hill
and is situated to the north of Scenic Hill Elementary and Kent Swim Club, to
the east of Central Avenue South, to the south of East Smith Street and to
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2 North Scenic Hill
Neighborhood Council Resolution
the west of Mill Creek Earthworks Park. The Neighborhood is shown on
Exhibit A, attached and incorporated by this reference.
E. On May 30, 2018, the North Scenic Hill neighborhood submitted
an official registration form to request that the City recognize the North
Scenic Hill Neighborhood Council and to allow the Neighborhood to take part
in the City’s Neighborhood Program.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS:
RESOLUTION
SECTION 1. – Recognition of Neighborhood Council. – The City Council
for the city of Kent hereby acknowledges the effort and commitment of the
North Scenic Hill neighborhood and all those who participated in forming the
North Scenic Hill Neighborhood Council. The Kent City Council hereby
recognizes North Scenic Hill Neighborhood Council as an official Neighborhood
Council of the city of Kent, supports North Scenic Hill Neighborhood Council
community building efforts, and confers on the North Scenic Hill
Neighborhood Council all opportunities offered by the City’s Neighborhood
Program.
SECTION 2. – Severability. If any section, subsection, paragraph,
sentence, clause or phrase of this resolution is declared unconstitutional or
invalid for any reason, such decision shall not affect the validity of the
remaining portions of this resolution.
SECTION 3. – Ratification. Any act consistent with the authority and
prior to the effective date of this resolution is hereby ratified and affirmed.
SECTION 4. – Effective Date. This resolution shall take effect and be
in force immediately upon its passage.
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3 North Scenic Hill
Neighborhood Council Resolution
PASSED at a regular open public meeting by the city council of the city
of Kent, Washington, this day of June, 2018.
CONCURRED in by the mayor of the city of Kent this ______ day of
June, 2018.
DANA RALPH, MAYOR
ATTEST:
KIMBERLEY A. KOMOTO, CITY CLERK
APPROVED AS TO FORM:
ARTHUR “PAT” FITZPATRICK, CITY ATTORNEY
P:\Civil\Resolution\Neighborhoodcouncilnorthscenichillresolution.Docx
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EXHIBIT A
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ECONOMIC AND COMMUNITY DEVELOPMENT COMMITTEE
Kurt Hanson, Economic and Community Development Director
220 Fourth Avenue S,
Kent, WA 98032
253-856-5454
DATE: June 11, 2018
TO: Economic and Community Development Committee
SUBJECT: Ordinance Amending the Comprehensive Plan Land Use Map -
Recommend
MOTION: Recommend Council adopt Ordinance No._____, which amends
the Comprehensive Plan land use map designations relating to annual
docket applications CPA-2017-4, CPA-2017-5, and CPA-2017-6, as
recommended by staff.
SUMMARY: Three applications were submitted to the docket in 2017 requesting
land use map designation changes in the Comprehensive Plan. The Land Use and
Planning Board held the public hearing for these three items on March 26, 2018,
and recommended approval for CPA-2017-4 and CPA-2017-6 as proposed by staff.
The first application, CPA-2017-4, is for two properties on East Hill to be
redesignated from Single Family to Mixed Use; CPA-2017-6 is for one half of a
property at the southern city limits to be redesignated from Multifamily to
Commercial, but staff recommended a Mixed Use designation to be consistent with
the other half of the property, as the applicant intended.
The LUPB requested more information before acting on item CPA-2017-5, an
application for redesignation of nine properties on East Hill from Single Family to
Multifamily. Initially, staff recommended a denial based on the combination of two
factors: presence of large wetlands on the northwest part of the site and lack of
property owner interest in the southeast part of the site—this combination seemed
likely to limit the quality of future development. However, after the public hearing
the applicant provided information regarding an accepted wetland delineation report
that supersedes the wetland data originally analyzed; this report shows no western
wetland. Additionally, staff sent certified mail to both properties and the applicant
provided information showing contact attempts to those properties; it appears that
one of the property owners is recently deceased. This new information caused staff
to change the recommendation to approval, as a unified development concept
seems more likely, with less potential to negatively impact the property owners
who have not signed on to the application. The Land Use and Planning Board
recommended approval for this application, CPA-2017-5, at a regularly scheduled
meeting on May 14th, 2018.
EXHIBITS:
Staff Report
8
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Draft Ordinance with Exhibits
SEPA Addendum
SUPPORTS STRATEGIC PLAN GOAL:
Innovation Government
ATTACHMENTS:
1. Comp Plan Land Use Plan Map Designation Amendments-Ordinance (PDF)
2. Exhibit A (PDF)
3. Exhibit B_5.1.18 (PDF)
4. Exhibit C (PDF)
5. 2017 Comp Plan Amendments Report_forpacketECDC (PDF)
6. SEPA ADDENDUM 2017 CPAs _ signed (PDF)
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1 Comprehensive Plan Amendments -
Land Use Plan Map Designations
ORDINANCE NO.
AN ORDINANCE of the City Council of the
City of Kent, Washington, amending the
Comprehensive Plan Land Use Plan Map
designations in compliance with the requirements
of the Growth Management Act (CPA-2017-4, CPA-
2017-5, CPA-2017-6).
RECITALS
A. The Washington State Growth Management Act (“GMA”) requires
internal consistency among comprehensive plan elements.
B. To assure that comprehensive plans remain relevant and up to date,
the GMA requires each jurisdiction to establish procedures whereby
amendments to the plan are considered by the city council, and
limits these amendments to once each year unless certain
circumstances exist.
C. The City of Kent has established a procedure for amending the
Comprehensive Plan in chapter 12.02 of the Kent City Code, which
sets a deadline of September 1st of each year for submittal of
requests for comprehensive plan amendments.
D. The city received three timely applications to amend the
comprehensive plan’s land use designation map. The applications
involve parcels located at: (1) 25601 and 25611 100th Pl SE (CPA-
2017-4), (2) 25913, 26007, 26015, 26041 and 26047 116th Ave SE,
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2 Comprehensive Plan Amendments -
Land Use Plan Map Designations
and 11404, 11426 and 11504 SE Kent Kangley Rd (CPA-2017-5),
and (3) 2526 S 272nd Street (CPA-2017-6).
E. The parcels located at 25601 and 25611 100th Pl SE are currently
designated Single Family Residential, eight units per acre (SR-8),
and the applicants are requesting a plan designation of Mixed Use
(MU) (CPA-2017-4).
F. The parcels located at 116th Ave SE and Kent Kangley are currently
designated Single Family Residential, eight units per acre (SR-8),
and the applicants are requesting a plan designation of Medium
Density Multifamily (MDMF) (CPA-2017-5).
G. The parcel located at 2526 S 272nd Street is currently designation
Mixed Use (MU) on the south half and Low Density Multifamily
(LDMF) on the north half. The applicants are requesting a plan
designation of Commercial (C) on the north half.
H. The City of Kent Land Use and Planning Board considered these
amendment requests at a regularly scheduled workshop on February
12, 2018, and at a public hearing on March 26, 2018, as well as at a
workshop on May 14, 2018. The Economic and Community
Development Committee considered the applications at its meeting
on June 11, 2018.
I. The City’s SEPA responsible official issued a SEPA Addendum for the
proposed amendments on March 8, 2018.
J. On February 20, 2018, the Washington State Department of
Commerce granted expedited review for the proposed amendments.
No comments were received.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
ORDINANCE
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3 Comprehensive Plan Amendments -
Land Use Plan Map Designations
SECTION 1. - Incorporation of Recitals. The preceding recitals are
incorporated herein by this reference and constitute the city council’s
findings on this matter.
SECTION 2. – Amendment. The Kent Comprehensive Plan is
hereby amended to establish new land use plan map designations for the
following parcels:
A. For the property located at 25601 and 25611 100th Pl SE, from a
land use designation of Single Family Residential, eight units per
acre (SF-8) to a land use designation of Mixed Use (MU), as
depicted in the map attached and incorporated as Exhibit “A”
(CPA-2017-4), with the following condition: construction of a
private street to provide safe access (meeting the requirements
of the City of Kent Design and Construction Standards) to the
public ROW (101st Ave SE) for the subject parcels and other 8
single family lots to the south, and removal of the private street
connection to 256th Street.
B. For the properties located at 25913, 26007, 26015, 26041 and
26047 116th Avenue SE, and at 11404, 11426 and 11504 SE
Kent Kangley Road, from a land use designation of Single Family
Residential, eight units per acre (SF-8) to a land use designation
of Medium Density Multifamily (MDMF), as depicted in the map
attached and incorporated as Exhibit “B” (CPA-2017-5).
C. For the property located at 2526 S 272nd Street, from a land use
designation of Low Density Multifamily (LDMF) to a land use
designation of Mixed Use (MU), as depicted in the map attached
and incorporated as Exhibit “C” (CPA-2017-6).
SECTION 3. – Severability. If any one or more section, subsection,
or sentence of this ordinance is held to be unconstitutional or invalid, such
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4 Comprehensive Plan Amendments -
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decision shall not affect the validity of the remaining portion of this
ordinance and the same shall remain in full force and effect.
SECTION 4. – 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 5. – Effective Date. This ordinance shall take effect and
be in force thirty days from and after its passage, as provided by law.
DANA RALPH, MAYOR Date Approved
ATTEST:
KIMBERLY A. KOMOTO, CITY CLERK Date Adopted
Date Published
APPROVED AS TO FORM:
ARTHUR “PAT” FITZPATRICK, CITY ATTORNEY
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Comprehensive Plan Amendment Requests
for 2017/2018
Docketed Items #CPA-2017-4, #CPA-2017-5, #CPA-2017-6
Introduction
The City received three applications submitted by private property owners for
amendments to the Comprehensive Plan Land Use Map during the 2017 docket
process. The three proposals are classified as CPA-2017-4, CPA-2017-5, and CPA-
2017-6. This staff report includes background information, an analysis of public
benefit, maps, and a staff recommendation for each proposal. Analysis and
recommendations are based upon the standards of review listed in Kent City Code.
Proposal Name Addresses Existing
Designation
Requested
Designation
CPA-
2017-4
Alan
Clark
25601 100th Pl SE
25611 100th Pl SE
SF-8 (Single
Family 8
Units/Acre)
MU (Mixed Use)
CPA-
2017-5
Uddin 25913 116th Ave SE
11404 SE Kent Kangley Rd
26007 116th Ave SE
26015 116th Ave SE*
26041 116th Ave SE
11426 SE Kent Kangley
11504 SE Kent Kangley*
26047 116th Ave SE
SF-8 (Single
Family 8
Units/Acre)
MDMF (Medium
Density Multifamily)
CPA-
2017-6
272nd
I-5
LLC
2526 S 272nd Street LDMF (Low
Density
Multifamily)
C (Commercial)
Staff
Recommendation:
MU (Mixed Use)
*These properties have not signed on to the applicant’s proposal.
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Proposal CPA-2017-4
Applicant requests redesignation from SR-8 to MU.
Background:
The site consists of two tax parcels, which combined comprise .59 acres. The
site sits on the East Hill, just south of Canyon Drive and west of 100th Place SE. The
current land use designation is Single-Family (8 units/acre). Parcels east of the site
are designated Mixed Use, and parcels west and north of the site are designated
Medium Density Multifamily. To the south, a small number of parcels are zoned
Single Family (8 units/acre). These approximately dozen parcels south of the site,
combined with the site, form a small “island” of land designated Single-Family
between larger Medium Density Multifamily and Mixed Use designated areas.
Existing improvements on the site include two single-story residences. Soil on the
site is Alderwood gravelly sandy loam, according to the USDA web soil survey. King
County Metro routes 159 and 164 serve the site along Kent Kangley Road, as well
as Dial-A-Ride (DART) routes 914 and 916.
The intent of the redesignation is to pursue a rezone and develop the
property as a mixed use development, with commercial and office uses along
Canyon Drive and residences behind. However, the mixed use designation also
supports zoning for commercial only, or zoning for single family, duplexes or
townhouse units only. Existing access to the site as well as to the single-family lots
south of the site is provided by a private street (100th Pl SE). This existing
connection is nonconforming and in need of safety improvements. The development
concept submitted with the application includes removal of the private roadway,
closure of the nonconforming access, and construction of a new access to the public
ROW 101st Ave SE for the subject site as well as the single-family lots to the south.
Regardless of whether this particular development concept moves forward, the
closure of nonconforming access and construction of new access to the public ROW
101st Ave SE will be required as part of any development.
Relevant Comprehensive Plan Goals and Policies:
Policy LU-3.1: Encourage mixed-use development that combines retail, office, or
residential uses to provide a diverse and economically vibrant Urban Center and
designated Activity Centers.
Staff comment: For the site to be designated as mixed use would fulfill the intent of
encouraging mixed use development, although not guarantee it.
Policy LU-6.3: Locate housing opportunities with a variety of densities within close
proximity to employment, shopping, transit, human and community services.
Staff Comment: The site is located within close proximity to transit, restaurants and
businesses, religious institutions, some shopping and medical services. Additional
density in this location would fulfill the intent of this policy.
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Goal LU-7: Kent will provide opportunities for a variety of housing types, options
and densities throughout the City to meet the community’s changing demographics.
Staff comment: The majority of Kent’s residential areas are single-family, so for
this site to become designated and eventually rezoned and redeveloped as mixed
use with multifamily would provide more variety of housing types, options and
density than currently exists.
Goal H-2: Encourage a variety of housing types.
Staff comment: Changing the site’s designation from single-family to mixed use
with multifamily will encourage more variety of housing types since Kent’s
residential areas are majority single-family.
Policy H-2.2: Encourage infill development and recycling of land to provide
adequate residential sites.
Staff comment: Designating the site as mixed use with eventual development
including multifamily residential would encourage infill development.
Policy T-1.1: Locate commercial, industrial, multifamily and other uses that
generate high levels of traffic in designated activity centers around intersections of
principal or minor arterials, or around freeway interchanges.
Staff comment: The site is located just off a principal/minor arterial. Multifamily
residential and commercial development as part of a mixed use project on the site
would be compatible with the intent of this policy.
Goal E-3: Create connections for people and places.
Staff comment: Given the site’s visibility from a major roadway, a mixed use
development on the site would create more connections than the existing single-
story residences. The connections could include people walking from nearby areas
to visit the commercial or office component, and the resolved access issue would be
cause for more conforming connections to the area generally.
Applying the Standards of Review:
1. The amendment will not result in development that will adversely affect the
public health, safety, and general welfare.
Staff comment: Any development that occurs as a result of redesignating the site
as mixed use will not adversely affect public health, safety or general welfare.
Public safety would be improved by the removal of the existing nonconforming
access and the provision of new compliant access.
2. The amendment is based upon new information that was not available at the
time of adoption of the comprehensive plan, or that circumstances have changed
since the adoption of the plan that warrant an amendment to the plan.
Staff comment: The need for housing variety and options has been increasing
nearly every month in this region due to population and job growth and housing
demand. Additionally, changes in market preferences result in increasing demand
for multifamily and mixed use living.
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3. The amendment will result in long-term benefits to the community as a whole
and is in the best interest of the community.
Staff comment: The community will benefit from having increased commercial or
office singly or as part of a mixed use development in this location, as this area is a
desirable destination for residents to visit existing commercial/office. It is in the
best interest of the community for parcels with the highest visibility to have a
mixture of uses including commercial or office, and mixing uses within a site is in
the best interest of the community due to the lower demands placed on city
infrastructure when residences are placed in close proximity to other uses.
4. The amendment is consistent with other goals and policies of the comprehensive
plan, and that the amendment will maintain concurrency between the land use,
transportation, and capital facilities elements of the plan.
Staff comment: The amendment meets several goals and policies in the
comprehensive plan and maintains concurrency.
Recommendation:
Staff recommends approval, with the following conditions: construction of a private
street to provide safe access (meeting the requirements of the City of Kent Design
and Construction Standards) to the public ROW (101st Ave SE) for the subject
parcels and other 8 single family lots to the south, and removal of the private street
connection to 256th Street.
Proposal CPA-2017-5
Applicant requests redesignation from SR-8 to MDMF.
Background:
The site consists of nine parcels totaling 9.3 acres in size. All parcels are
designated Single-Family (8 units per acre). The site sits north of Kent-Kangley
Road and west of 116th Ave SE, on Kent’s East Hill. King County Metro routes 159
and 164 serve the site along Kent Kangley Road, as well as Dial-A-Ride (DART)
route 914. Existing structures include a variety of small one-story buildings (six
single-family homes, three duplexes, two carports, two detached garages, a
storage shed, and a wood-frame daycare center). One parcel is undeveloped. Soil
type is Alderwood gravelly sandy loam, according to Web Soil Survey data from
USDA. Parcels to the east of the site are designated Single-Family (6 units per acre)
and Mixed Use. Parcels north and south of the site are designated Low Density
Multifamily. Parcels west of the site are zoned Medium Density Multifamily. The
applicant is requesting redesignation to medium density multifamily in order to
develop the property into a market rate multifamily community, although amending
the land use plan map designation does not guarantee the development proposal
will occur. A land use plan map designation of medium density multifamily
residential would also allow zoning for single family or duplex development.
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Seven of the nine parcels’ property owners have signed on to the application;
two have not. These two parcels can still be considered for a land use plan map
amendment according to Kent City Code 12.02.045 (B), which gives staff the ability
to expand the geographic scope of an amendment based on the effects to the
surrounding area and future development. Staff have therefore considered the two
properties along with the rest of the group, particularly for the purpose of
considering future development opportunity.
Relevant Comprehensive Plan Goals and Policies:
Policy LU-6.3: Locate housing opportunities with a variety of densities within close
proximity to employment, shopping, transit, human and community services.
Staff Comment: The site is located within close proximity to transit, restaurants and
businesses, religious institutions, some shopping and medical services. Additional
density in this location would fulfill the intent of this policy.
Goal LU-7: Kent will provide opportunities for a variety of housing types, options
and densities throughout the City to meet the community’s changing demographics.
Staff comment: The majority of Kent’s residential areas are single-family, so for
this site to become designated and eventually rezoned and redeveloped as
multifamily would provide more variety of housing types, options and density than
currently exists.
Goal H-2: Encourage a variety of housing types.
Staff comment: Changing the site’s designation from single-family to multifamily
will encourage more variety of housing types since Kent’s residential areas are
majority single-family.
Policy H-2.2: Encourage infill development and recycling of land to provide
adequate residential sites.
Staff comment: Designating this underutilized land as multifamily would encourage
infill development.
Policy T-1.1: Locate commercial, industrial, multifamily and other uses that
generate high levels of traffic in designated activity centers around intersections of
principal or minor arterials, or around freeway interchanges.
Staff comment: The site is located at the intersection of a minor arterial and a
principal arterial. Multifamily development on the site would be compatible with the
intent of this policy.
Applying the Standards of Review:
1. The amendment will not result in development that will adversely affect the
public health, safety, and general welfare.
Staff comment: Any development that occurs as a result of redesignating the site
as multifamily will not adversely affect public health, safety or general welfare.
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2. The amendment is based upon new information that was not available at the
time of adoption of the comprehensive plan, or that circumstances have changed
since the adoption of the plan that warrant an amendment to the plan.
Staff comment: The need for housing variety and options has been increasing
nearly every month in this region due to population and employment growth.
3. The amendment will result in long-term benefits to the community as a whole
and is in the best interest of the community.
Staff comment: Expanding the multifamily designation could benefit the community
as a whole by providing more potential housing options within an area that already
has multifamily development.
4. The amendment is consistent with other goals and policies of the comprehensive
plan, and that the amendment will maintain concurrency between the land use,
transportation, and capital facilities elements of the plan.
Staff comment: The amendment meets several goals and policies in the
comprehensive plan.
Recommendation:
Staff recommends approval.
Proposal CPA-2017-6
Applicant requests redesignation from LDMF to C.
Background:
The site consists of one tax parcel, of 2.3 acres in size. The southern portion
of the site is designated Mixed Use while the north half is designated Low Density
Multifamily Residential. The property is located just west of Interstate 5, along the
southern boundary of Kent’s West Hill. There is one single-family residential
structure on the property, along with one detached garage. The terrain slopes
generally downward from east to west and somewhat from south to north. At the
south end of the site along the frontage, the slope is approximately 7%. Along the
northern boundary of the site, the slope is closer to 12%. The soil type is
Alderwood gravelly sandy loam according to the USDA’s Web Soil Survey.
Neighboring properties are zoned Single Family to the east (where Sound Transit
will be building the South 272nd Street light rail station as part of the Federal Way
Link Extension project) and Medium Density Multifamily Residential to the west. To
the south, Federal Way has designated the properties across South 272nd Street as
Multifamily Residential. The general vicinity of the property has a mix of multifamily
and single family zones, with Midway Transit Community and Commercial
Manufacturing zones along Highway 99, and “Community Business” zone in Federal
Way. A large wetland exists to the northwest of the property. King County Metro
routes 183 and 190 serve the site along S 272nd Street.
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Access: Due to the split-zoned nature of the site, the applicant
pursued a development concept in which commercial uses on the south are
complemented by residential uses (townhouses) on the north. With Sound
Transit’s plans progressing rapidly on the property to the east, extensive
coordination has taken place related to access and vehicle traffic. The vehicle
activity on 26th Avenue (east of the subject property) is likely to increase
dramatically with the light rail station, parking garage, and rebuilt street
section; the applicant is pursuing a traffic study to determine appropriate
access locations. The original intent of the comprehensive plan amendment
and possible future rezone, as stated on the application, was to allow
commercial development rather than residential, as the applicant was under
a misapprehension related to the number of access points required. (The
application for the amendment states, “The fire marshal was adamant that
we provide at least one more additional access point was required to serve
the residential portion of the project [sic].”) In fact, townhouses or
commercial would make no difference for number of access points; the
development concept as presented by the applicant in a pre-application
meeting was deemed acceptable from an access standpoint, as is
represented in the pre-app notes and as was confirmed via email by Puget
Sound Fire Authority staff. Additionally, further communication with the
applicant makes clear that several development concepts are still being
considered—most recently, mixed use development (residential above
commercial, for a transit-oriented development).
Consistency: The more general intent of the application was for a
consistent land use designation (the application states, “…it makes sense to
amend the current land use designation of the north half to the same as the
south”)—yet the applicant was requesting a different land use designation for
the north half (Commercial) than exists on the south half (Mixed Use).
Therefore, staff are proposing to amend the land use map
designation so that the entire site is Mixed Use. This scenario would
allow a rezone to Community Commercial or Community Commercial Mixed
Use (or General Commercial, General Commercial Mixed Use, or
Townhouse/Condo MRT-16, which is what the north half of the site is zoned
now).
Relevant Comprehensive Plan Goals and Policies:
Goal LU-9: Kent will promote orderly and efficient commercial growth within
existing commercial districts in order to maintain and strengthen commercial
activity, and maximize the use of existing public facility investments.
Staff Comment: The site is not within an existing commercial district as it is
generally surrounded by residential areas. However, the light rail project would be a
“public facility investment” that could be maximized as per the intent of this goal.
The policies under this goal (LU-9.1 and LU-9.2) focus on encouraging infill
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development in existing commercial areas, the intent of which would not be met by
a redesignation and eventual rezone and development of this site as commercial.
These policies may not have taken such a large public facility investment into
account, however. Additionally, the entire site being redesignated as mixed use
would promote more orderly and efficient development on this particular site, as
the split-zoned nature may have resulted in a less well integrated development
concept.
Policy LU-10.4: Promote redevelopment of existing commercial properties by
limiting the conversion of additional residential land use plan map designations to
commercial land use plan map designations.
Staff comment: The intent of this policy is specifically at odds with redesignating
the site to commercial. The intent is less clear with regards to redesignating the site
as mixed use. Creating a more viable development opportunity through consistent
mixed use designation may promote redevelopment of the existing commercial
piece of the property.
Policy LU-11.5: Consider neighborhood urban centers where appropriate to add
convenient commercial opportunities and gathering places.
Staff comment: The light rail project coming to this area may create a de facto
neighborhood urban center by being a major node for travelers in the region. The
light rail station may also serve as an amenity, as it potentially includes gathering
places (current plans for the light rail station show some walking paths and seating
areas aside from transit spaces). Redesignating this site to mixed use, and further
rezoning and redeveloping the site as such, could add a convenient commercial
opportunity to this neighborhood urban center. Additionally, if a mixed use project
is pursued, the mixed use design review criteria of 15.09.045 (F) would apply,
which require common recreation areas—which could meet the intent of the
“gathering places” portion of this policy.
Policy LU-6.3: Locate housing opportunities with a variety of densities within close
proximity to employment, shopping, transit, human and community services.
Staff comment: A redesignation to mixed use would allow for mixed use
development including residential in close proximity to a major transit facility (as
well as whatever commercial, shopping, employment or services might be a part of
the mixed use development itself). However, commercial-only uses are also
possible under this designation, which would not meet the intent of this policy with
regards to transit.
Policy T-1.1: Locate commercial, industrial, multifamily and other uses that
generate high levels of traffic in designated activity centers around intersections of
principal or minor arterials, or around freeway interchanges.
Staff comment: The site is located near a freeway interchange and a high-capacity
transit facility, so commercial, residential, or mixed use development on the
property would meet the intent of this policy.
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Policy T-1.4: Adopt and maintain policies, codes and land use patterns that promote
walking, biking, public transportation and social interaction to increase public health
and sense of place.
Staff comment: The existing multifamily designation would fit the intent of this
policy, as locating multifamily residential land uses near public transportation
(known as “transit-oriented development” or TOD) is a classic method for achieving
the goals of promoting non-motorized travel. Redesignating the site as commercial
would not fit with the intent of this policy. Redesignating the site as mixed use, as
staff is proposing, would fit the intent of this policy as it would allow for mixed use
(including residential) development.
Goal H-2: Encourage a variety of housing types.
Staff comment: The existing multifamily designation would better fit the intent of
this goal and accompanying policies than a commercial designation. However, if the
site is redesignated as mixed use and develops as mixed use, this could meet the
intent of the policy as the housing provided by mixed use development is still
relatively rare in Kent.
Applying the Standards of Review:
1. The amendment will not result in development that will adversely affect the
public health, safety, and general welfare
Staff comment: Any development that occurs as a result of redesignating the site
as mixed use will not adversely affect public health, safety or general welfare.
There are regulations in place to ensure noise and lighting from commercial
development would not encroach on any residential development on this or
neighboring properties. Traffic circulation close to the light rail station is
anticipated to be busy and could prove challenging; however, a traffic study will be
required (and is being undertaken already) to ensure proper circulation is provided.
2. The amendment is based upon new information that was not available at the
time of adoption of the comprehensive plan, or that circumstances have changed
since the adoption of the plan that warrant an amendment to the plan.
Staff comment: The current split land use plan map designation of low density
multifamily for the north half of the site and mixed use for the south half of the site
occurred as a compromise resulting from public testimony during the
comprehensive plan update in 2015. Station design for the light rail project has
advanced considerably in recent years, and the site constraints as a result of that
station design have resulted in the need for reduced barriers to development; split-
zoning on the site may be one such barrier, as it does not allow for as much
flexibility as a site with only one type of zoning. (For example, residential
development is only possible behind commercial development under the current
zoning; if the applicant pursues a rezone and the entire site is consistent,
residential might be possible above commercial as well.)
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3. The amendment will result in long-term benefits to the community as a whole
and is in the best interest of the community.
Staff comment: The community could benefit from mixed use opportunities in close
proximity to the light rail station. Commuters using the transit system could take
advantage of the close proximity to pick up necessities or run errands before
heading home, and residents of a mixed use development could take advantage of
frequent transit at their doorstep.
4. The amendment is consistent with other goals and policies of the comprehensive
plan, and that the amendment will maintain concurrency between the land use,
transportation, and capital facilities elements of the plan.
Staff comment: The amendment has mixed results as far as meeting goals and
policies in the Comprehensive Plan. Bringing light rail to this area provides a unique
situation; the station design and layout were not known when the Comprehensive
Plan was last updated and they present challenges to development on this site,
which may be mitigated by applying consistent land use designation of mixed use
across the entire site.
Recommendation:
Staff recommends redesignating the north half of the site Mixed Use. As stated
previously, the applicant pursued a redesignation of Commercial, but the real need
is for consistency with the south half of the site which is currently designated Mixed
Use. This would result in more options, rather than fewer, for development
concepts on this unique site.
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KENT
ECONOMIC And COMMUNITY DEVELOPMENT
Kurt Hanson, Director
PLANNING SERVICES
Charlene Anderson, AICP, Long Range Planning Manager
Phone: 253-856-5454
Fax: 253-856-6454
\ /A s H r N G T o ñ
220 Fourth Avenue S
Kent, WA 98032-5895
ADDENDUM TO CITY OF KENT COMPREHENSIVE PLAN REVIEW AND MIDWAY
SUBAREA PLANNED ACTION ENVIRONMENTAL IMPACT STATEMENT (EIS)
(#ENV-2O1O-3) AND CrTY OF KENT DOWNTOWN SUBAREA ACTTON PLAN
PLAN N ED ACTION SU PPLEM E NTAL E NVIRON M ENTAL IM PACT STATEM ENT
(sErs) (#ENV-2O12-3O)
KENT COMPREHENSIVE PLAN
LAND USE PLAN MAP AMENDMENTS
cPA-2o17-4 (A) / RPP6-2L7348O1 CPA-2O17-5 (B) | RPP6-2L7347a;
CPA-2O17-6 (C) | RPP6-2L73476
Responsible Official: Charlene Anderson
SCOPE
The City of Kent has completed environmental analysis/ pursuant to the State
Environmental Policy Act (SEPA), for 2OL7 docketed items to amend the City of Kent
Comprehensive Plan Land Use Map designation for three sites. One site contains two
properties on East Hill to be redesignated from Single Family to Mixed Use; one site
contains nine properties on East Hill to be redesignated from Single Family to
Multifamily; one site contains half of a property located in southwest Kent to be
redesignated from Multifamily to Commercial. The applicants are all interested in
pursuing rezones for these properties, and furthermore, the applicants intend to
apply for permits to develop the properties,
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Comprehensive Plan Addendum
2017 Docket Amendments to the Comprehensive Plan Land Use Map
lcPA-20t7-[4-6]
Alternatives under consideration include:
1-
Proposal A would be redesignated Mixed Use; Proposal B would be redesignated
Medium Density Multifamily; Proposal C would be redesignated Commercial,
signed the applications:
Proposals A and C would be redesignated as per the applicants' requests.
Proposal B would be treated as follows: the seven of nine parcels whose property
owners have signed on to the application would be redesignated as per the
applicants' requests. The two parcels whose property owners have not signed on to
the application would remain with the current designation of Single Family (B units
per acre).
Ootion 3 - Aoorove onlv those orooosals for which all properties have siqned on to
the applications:
Proposals A and C would be redesignated as per the applicants' requests. Proposal B
would retain the existing designation of Single Family (B units per acre) for all
properties.
The Comprehensive Plan and Midway Subarea Planned Action EIS, draft and final,
evaluated the growth potential as identified in the City's Comprehensive Plan. The
proposals would amend the land use plan map for less than 12 acres of property at
most.
SEPA COMPLIANCE
On February 13, 20L0, the City of Kent issued a Determination of Significance (DS)
and Notice of Scoping for the City of Kent Comprehensive Plan Review and Midway
Subarea Planned Action (ENV-2010-3). The City solicited public comment on the
scope of the DEIS during the comment period and on October 22,2010, the City of
Kent issued a Draft EIS. The Final EIS was issued and distributed on September 1,
zOtL. No appeals to the EIS were filed,
In 20t2, the City of Kent Downtown Subarea Action Plan Planned Action
Supplemental Environmental Impact Statement (SEIS) analyzed three alternatives
and evaluated several env¡ronmental elements associated.with the update to the
Downtown Subarea Action Plan (DSAP) (ENV-2012-30). The SEIS also evaluated a
lower level of growth in the Midway area than was evaluated in the City of Kent
Comprehensive Plan Review and Midway Subarea Planned Action EIS. The Draft SEIS
was issued in June, 20t3, and the Final SEIS was issued in October,20L3. No appeal
to the SEIS were filed,
No additional impacts are identified from the land use plan map that was evaluated in
the City's Comprehensive Plan and Comprehensive Plan EIS and subsequent
addenda.
h
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Comprehensive Plan Addendum
2017 Docket Amendments to the Comprehensive Plan Land Use Map
lcPA-20t7-ï4-61
STATEMENT OF CONSISTENCY
This proposal is a non-project action pursuant to WAC L97.LL. Future projects
associated with the land use plan map amendment will be subject to and shall be
cons¡stent with the following: City of Kent Comprehensive Plan, the Kent City Code,
International Fire Code, International Building Code, Public Works Standards and all
other applicable laws and ordinances in effect at the time a complete project permit
application is filed.
ENVIRONMENTAL REVIEW - SCOPE OF ADDENDUM
The City of Kent has followed the process of phased environmental review as it
undertakes actions to implement the Comprehensive Plan. The State Environmental
Policy Act (SEPA) and rules established for the act, WAC 197-11, outline procedures
for the use of existing environmental documents and preparing addenda to
environ mental decisions,
Nonproject Documents - An EIS prepared for a comprehensive plan, development
regulation, or other broad based policy documents are considered "non-project," or
programmatic in nature (see WAC 197-LI-704).
Phased Review - SEPA rules allow environmental review to be phased so that review
coincides with meaningful points in the planning and decision making process, (WAC
L97-L1-060(5)), Broader environmental documents may be followed by narrower
documents that incorporate general discussion by reference and concentrate solely
on issues specific to that proposal. SEPA rules also clearly state that agencies shall
use a variety of mechanisms, including addenda, adoption and incorporation by
reference, to avoid duplication and excess paperwork. Future projects identified and
associated with the comprehensive plan land use map designation amendments may
require individual and separate environmental review, pursuant to SEPA. Such review
will occur when a specific project is identified.
Prior Environmental Documenfs - The City of Kent issued a Draft Environmental
Impact Statement (DEIS) for the Comprehensive Plan and Midway Subarea Planned
Action on October 22,20L0, and a Final EIS on September 1, 20Lt (#ENV-2010-3).
The Midway Subarea Plan, Midway Design Guidelines, amendments to development
regulations, Land Use Plan and Zoning Districts Maps were adopted by the City
Council on December 13, 20LL The City of Kent issued a Draft Downtown Subarea
Action Plan Planned Action Supplemental Environmental Impact Statement (SEIS) in
June, 20L3, and a Final SEIS in October,20t3 (ENV-2012-30). The SEIS evaluated a
lower level of growth in the Midway area than was evaluated in the Comprehensive
Plan Review and Midway Subarea Planned Action EIS. The Comprehensive Plan
Update was adopted by the City Council on September L,20L5, and included an
Addendum to the 20LL EIS and 20L3 SEIS,
The proposed amendments to the land use plan map in the Comprehensive Plan are
generally consistent with the Comprehensive Plan Review and Midway Subarea
Planned Action EIS and the Downtown Subarea Action Plan Planned Action
Page 3 of 5
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Comprehensive Plan Addendum
2017 Docket Amendments to the Comprehensive Plan Land Use Map
lcPA-2017-[4-6]
Supplemental EIS, in that they do not contemplate r,rore growth than was
contemplated in those documents, The proposals that would result in more land
being designated Mixed Use or Multifamily specifically implement policies outlined in
the Comprehensive Plan, and the proposal for redesignation to Commercial is of
sufficiently small size (1,2 acres would be redesignated if approved) to still be within
the realm of what was contemplated in the Comprehensive Plan, Traffic impacts
associated with the Commercial land use designation are required to be analyzed and
mitigated via development review, and that traffic analysis is underway at the time of
this writing,
As outlined in the SEPA rules, the purpose of an addendum is to provide
environmental analysis with respect to the described actions. This analysis does not
identify significant adverse impacts or significantly change the prior environmental
analysis; therefore it is prudent to utilize the addendum process as outlined in WAC-
Le7-11-600(a)(c).
ENVIRON M ENTAL ELEM ENTS
All environmental elements were adequately addressed within the parameters of
existing codes and ordinances, as well as the City of Kent Comprehensive Plan
Review and Midway Subarea Planned Action EIS and the Dr¡wntown Subarea Action
Plan Planned Action Supplemental EIS, drafts and final. Furtl','.er, subsequent "project"
or nonproject actions would require the submittal of separate environmental
checklists/ pursuant to SEPA, which will be analyzed for consistency with the original
mitigating conditions identified in the EIS and may require new mitigation based
upon site-specific conditions.
The amendments to the land use plan map implement the goals and policies
identified in the Land Use, Housing and Transportation Elements of the City's
Comprehensive Plan, as follows:
. Policy LU-3.1: Encourage mixed-use development that combines retail, office,
or residential uses to provide a diverse and economically vibrant Urban Center
and designated Activity Centers.. Policy LU-O.S: Locate housing opportunities with a variety of densities within
close proximity to employment, shopping, transit, human and community
services.. Goal LU-7: Kent will provide opportunities for a variety of housing types,
options and densities throughout the City to meet the community's changing
demographics.. Goal H-2: Encourage a variety of housing types. ,
. Policy H-2.2: Encourage infill development and recycling of land to provide
adequate residential sites. l. Policy T-1.1: Locate commercial, industrial, multifar,ily and other uses that
generate high levels of traffic in designated activity centers around
intersections of principal or minor arterials, or around freeway interchanges,
" Goal E-3: Create connections for people and places
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Comprehensive Plan Addendum
Amendments to the Comprehensive Plan Land Use Map
IcPA-2017-[4-6]
Goal LU-9: Kent will promote orderly and efficient commercial growth within
existing commercial districts in order to maintain and strengthen commercial
activity, and maximize the use of ex¡sting public facility investments,
Policy LU-11,5: Consider neighborhood urban centers where appropriate to add
convenient commercial opportunities and gathering places.
Policy T-1,1: Locate commercial, industrial, multifamily and other uses that
generate high levels of traffic in designated activity centers around
intersections of principal or minor arterials, or around freeway interchanges,
SUMMARY AND RECOMMENDATION
SUMMARY
Kent City Code section 11.03.510 identifies plans and policies from which the City
may draw substantive mitigation under the State Environmental Policy Act. This non-
project action has been evaluated in light of those substantive plans and policies as
well as within the overall analysis completed for the City's Comprehensive Plan
Review and Midway Subarea Planned Action EIS and Downtown Subarea Action Plan
Planned Action Supplemental EIS.
DECISION
The City of Kent Comprehensive Plan Review, the Midway Subarea Planned Action
EIS and Downtown Subarea Action Plan Planned Action Supplemental EIS along with
the drafts and final; provided analysis with regard to the implementation of the
Comprehensive Plan elements, goals and policies. This includes the implementation
of the Land Use, Housing and Transportation Elements, The City has reviewed the
20L7 Docket ltems to amend the land use plan map proposals and has found them to
be consistent with the range, types and magnitude of impacts and corresponding
mitigation outlined in aforementioned documents.
This analysis and subsequent addendum did not identify any new significant impacts
associated with the proposed amendments. Therefore, thls addendum, combined
with the Comprehensive Plan Review and Midway Subarea Planned Action EIS and
Downtown Subarea Action Plan Planned Action Supplemental EIS, adequately
evaluates potential adverse environmental impacts anri provides appropriate
mitigation for this non-project action. Based upon this analy;lis, a separate threshold
determination is not required.
Dated: March B, 2018
Signature:
Charlene Anderson, AICP, SEPA Responsible Official
HB:pm S.'\Per¡n it\Ptan\ENV\2017\CPA-2017-1-2017 Comprehensive Ptan Land use Map Amendnents EIS Addendum.docx
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ECONOMIC AND COMMUNITY DEVELOPMENT COMMITTEE
Kurt Hanson, Economic and Community Development Director
220 Fourth Avenue S,
Kent, WA 98032
253-856-5454
DATE: June 11, 2018
TO: Economic and Community Development Committee
SUBJECT: Sound Transit Agreements - Information Only
SUMMARY: City staff have been working closely with Sound Transit staff on the
Federal Way Link Extension light rail project. Staff have been meeting weekly for
over a year to resolve key issues and craft a Development Agreement, resulting in
concurrence on a wide range of issues pertaining to the Kent-Des Moines station,
the Star Lake/272nd Street station, and the guideway between the two stations. The
Development Agreement sets forth code expectations for station area design and
performance, roles and responsibilities during the design-build construction
process, and an agreed-upon framework for the City and Sound Transit working
together in the coming years. City staff have also been working with Sound Transit
staff to develop a “Transit Way Agreement,” which gives Sound Transit permission
to build transit in the agreed upon location within Kent’s borders.
Sound Transit’s timeline for this stage of the project requires both the Development
Agreement and the Transit Way Agreement to be signed in July 2018 (with action
by the Sound Transit Board in August). To ensure other critical project milestones
can be met, such as the Request for Proposals and Notice to Proceed (for
construction), and to ensure the light rail can be operational for customers in 2024,
staff is proposing to present the agreements to both ECDC and PWC in June, 2018.
Staff presented at the City Council workshop on March 20, 2018 and touched on
remaining work to be done at that time. Now, staff will discuss the progress made
on those issues and answer any questions about the agreements. A public hearing
regarding the Development Agreement will be held before the full council in July.
EXHIBITS:
Key Issues Status
Draft Transit Way Agreement
SUPPORTS STRATEGIC PLAN GOAL:
Innovative Government, Sustainable Funding
ATTACHMENTS:
1. City of Kent Development Agreement - Key Issues Status - for Council (PDF)
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2. AE 0044-12 Transit Way Agreement City of Kent comments on rev2 (PDF)
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City of Kent – Development Agreement - Key Issues Status
The following is a list of the issues prepared by Sound Transit capturing items whose resolution
ultimately may be appropriate to capture in the FWLE Development Agreement between Sound Transit
and the City. City additions in color.
RESOLVED
1. Adequacy of parking supply at FWLE parking garages –
Status: RESOLVED – See Section 3 of Rev 02 of Draft DA (April 30, 2018)
“Construct new Light Rail Station on the west side of 30th Ave S (near SR 99 and Highline College)
with new minimum 500 standard-sized stall parking garage. Compact-sized stalls in conformance
with the most recent version of Sound Transit’s Design Criteria Manual, Chapter 31.3 – Parking
Facilities and pursuant to KCC Chapter 15.05, may be proposed during the final design process,
resulting in a mix of standard-sized and compact-sized stalls, which may increase the overall number
of parking spaces. City of Kent code shall be the precedent for the compact stall size.”
2. Sight distance on 272nd between 26th and 28th Ave. S., near the proposed S. 272nd St. Station
Status: RESOLVED – See Section 9.2.15 of Rev 02 of Draft DA (April 30, 2018)
“The City will grant a departure from standard sight distance requirements at the S. 272nd Street
station park-and-ride, specifically, at the bus loop exit driveway. Achieving the required sight
distance at this location would involve removing trees within an adjacent wetland area. Strategies
to mitigate the shorter (approximately 265-feet) sight distance at this location include: 1) installing a
stop sign along 26th Street for southbound vehicles, or 2) a re-design by Sound Transit’s D-B
Contractor of the Station area roadway layout while maintaining the prescriptive roadway typical
sections within the Project right-of-way limits. This re-design could include a compact roundabout.”
3. Resolve outstanding issues in PR Section 7 – Public Safety
Status: RESOLVED – See Section 7 of Rev 02 of Draft DA (April 30, 2018)
“Sound Transit shall cooperate with the City’s Police Department to ensure adequate surveillance
cameras are provided and appropriately placed in the stations and garages as determined by the
City and Sound Transit, that there is infrastructure available for the City to add additional cameras as
needed for strategic monitoring, that the City’s Police Department has access to the Sound Transit
security office for interviews and writing police reports and has immediate access to Sound Transit
CCTV for investigative purposes. Sound Transit also shall periodically re-evaluate its security
infrastructure to maintain an appropriate level of advancement and technology. All operational
aspects of public safety and the cooperation between Sound Transit and the City’s Police
Department shall be documented in a separate agreement between Sound Transit and the City prior
to the start of revenue operations.”
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City of Kent – Development Agreement - Key Issues Status
4. Inserting conduits in new/rebuilt roads that can be used for fiber-optics
Status: RESOLVED – See Section 9.12 of Rev 02 of Draft DA (April 30, 2018)
“Sound Transit shall install conduit for fiber optics in all constructed or reconstructed roadways
using the following criteria: Conduits for fiber optic cables should be a minimum of 3” schedule 40
PVC and installed according to NEC requirements.
Underground junction boxes should be no smaller than WSDOT Type 2 with non-skid surface and
bolt down lid.
Conduits need a continuous (non-cut) locatable mule tape installed with foot markings.
Junction boxes should be installed along the back of sidewalk, away from curb, and have a minimum
of eight inches of concrete surrounding the lid. Junction boxes shall not be installed in curb ramps.”
5. Enhanced pedestrian improvements (at crossing) at Hwy. 99 and S. 236th St.
Status: RESOLVED – See Section 9.2.9 of Rev 02 of Draft DA (April 30, 2018)
“The City will grant a departure from the requirement to provide a covered pedestrian overpass of
the crossing of SR 99 proximate to the KDM station. Investing in at-grade pedestrian improvements
to this intersection was identified through a stakeholder engagement process as the best means of
safely accommodating pedestrian movements at this location. The at-grade improvements
identified include narrowing travel lanes along SR 99, adding a more substantial planted median,
and making pedestrian-oriented improvements enhancing safety and walkability at the new
signalized intersection.”
6. Demolition of occupied structures
Status: RESOLVED – See Section 9.19 of Rev 02 of Draft DA (April 30, 2018)
“Once Sound Transit obtains ownership of a parcel with an inhabitable structure, Sound Transit’s
property Management (PM) Division will take all necessary measures to secure the property. The
property will be actively managed by Sound Transit’s Police Department, Sound Transit Security, and
the PM Division through routine patrol, inspection and maintenance of the exterior of any buildings
and grounds. If issues arise, such as unauthorized residents or pest infestations, Sound Transit’s PM
Division will address them using a variety of methods, such as boarding windows, erecting additional
fencing, or addressing infestations of pests. The Sound Transit PM Division has a policy of
responding to complaints within 48 hours of their receipt. If the issues persist, the property will be
recommended by the PM Division for early demolition through an accelerated contractor award
process and a coordinated permit approval process. After the demolition of structures, Sound
Transit’s PM Division will take measures to restore the site and provide routine site maintenance
thereafter.”
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City of Kent – Development Agreement - Key Issues Status
7. Restroom / water fountains
Status: RESOLVED – See Section 9.13-9.14 of Rev 02 of Draft DA (April 30, 2018)
“Sound Transit shall include facilities and maintenance for two (2) single-occupancy unisex public
restrooms for transit users at the KDM station and two (2) for the S. 272nd Street station pursuant
to WA amended 2015 IBC 2902.2 and 2902.3, ICC A117.1-2009, and 15.15.120.E. Sound Transit will
also implement security measures including, but not limited to monitoring outside the restrooms,
locating restrooms using Crime Prevention Through Environmental Design (“CPTED”) provisions;
buzz-in entry monitored by Sound Transit Public Safety, requiring single adult occupancy with
exceptions for adults requiring assistance, time-limited warnings, or other similar practicable
measures. Fixtures and equipment shall be vandal and graffiti resistant, and of a type that can be
easily cleaned and restored to Sound Transit Operations and Maintenance standards. At entries to
restrooms, signage shall be posted describing the rules of use and the presence of security
monitoring. Sound Transit Public Safety and City of Kent Police will enter into a Memorandum of
Understanding prior to passenger revenue service providing details and mutual commitments of law
enforcement procedures and response that occur on Sound Transit property, including the station’s
public restrooms.”
“Sound Transit shall provide drinking fountains pursuant to 2015 IBC 2902.5.1.”
IN PROCESS
8. Pavement restoration – RECENTLY RESOLVED
Status: IN PROCESS – ST draft language included in Section 11.5 of Rev 02 DA:
“Sound Transit shall restore the existing roadway pavement and other surface infrastructure within
the public right-of-way that is affected by construction activities. Specifically, Sound Transit shall
require its D-B Contractor to restore construction haul routes used by their D-B Contractor in the
City. This commitment to restoration of haul routes shall consist of provision of a 2-inch mill and
overlay of asphalt to be laid down after the cessation of D-B Contractor hauling activities on the
route and prior to substantial completion of Project construction. This 2-inch mill and overlay shall
be provided from curb to curb along the route and shall be the extent of any agreed-to restoration,
with the exception of the need to provide new or improve any existing non-compliant ADA curb
ramps where sidewalks are present.”
9. Regional stormwater facility on future surplus FWLE property – ALMOST THERE
Status: IN PROCESS – ST draft language included in Section 9.7 of Rev 02 DA:
“(The Parties have agreed on a conceptual design to manage storm water generated at the site of
the Kent Des Moines (KDM) and S. 272nd Street station areas. These concept designs are depicted in
Exhibit G to this Agreement. These conceptual designs will be made final by Sound Transit’s D-B
Contractor; however, the Parties agree that the conceptual depiction of storm water management
systems being separate facilities, and not commingled, is critical and shall not be changed without
written concurrence.) Sound Transit acknowledges the City’s interest in providing additional
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City of Kent – Development Agreement - Key Issues Status
capacity to manage storm water generated by other, future land uses in the KDM station area. As
design proceeds, Sound Transit will determine whether sufficient right-of-way exists to
accommodate the City’s request. If adequate right-of-way exists, Sound Transit agrees to work in
good faith with the City to determine what the cost impact of an expanded storm water facility
would be, and to explore partnership opportunities to accommodate the City’s request.”
10. Utilities (provisions for future development w/utility stub-outs) – HIGH IMPORTANCE; CITY STAFF
WORKING ON THIS
Status: IN PROCESS – Prior to agreeing to any details re: the provision of utilities in anticipation of
future development, ST has requested that the City provide ST with a detailed scope
(location/sizing/type, etc.) of work, in addition to indication to ST that the utilities have agreed to
this work.
11. City request for “first right of refusal” for surplus properties – HIGH IMPORTANCE; CITY STAFF
HAVE PROPOSED ALTERNATIVE LANGUAGE
Status: IN PROCESS – ST draft language included in Section 8.3 of Rev 02 DA:
“Sound Transit will prepare a Master Development Plan (MDP) or equivalent in conjunction with the
City to define development standards and review processes for surplus property that may be
identified in the City. The MDP will be developed by Sound Transit through a collaborative planning
and urban design process, working with the City and other stakeholders, and will include an
engagement process to jointly develop urban design principles and guidelines for the potential
future surplus property.”
12. Wetlands mitigation – ALMOST THERE
Status: IN PROCESS – ST draft language as follows (will be included in Rev 03 of DA):
KCC 11.06 – Wetland Mitigation Requirements. KCC sections 11.06.550, 11.06.560, and 11.06.660
allow for the City to approve in-lieu fee mitigation as a form of compensatory wetland mitigation for
wetland and wetland buffer impacts. The City recognizes that conventional permittee-responsible
compensatory mitigation within City limits is very limited and that the King County In Lieu Fee
Program will provide equivalent or greater replacement of wetland functions and values when
compared to permittee-responsible mitigation. Therefore, the City will accept King County In-Lieu
Fee mitigation for permanent wetland and wetland buffer impacts in their jurisdiction.
13. Request for “monitoring and adaptation” language under “SEPA Compliance” stipulation –
MEDIUM IMPORTANCE, CITY STAFF HAVE PROPOSED ALTERNATIVE LANGUAGE
Status: IN PROCESS – Blanket request for monitoring in perpetuity of mitigation measures not
accepted by ST.
14. Preliminary Permitting Plan – HIGH IMPORTANCE, PROGRESS CONTINUING
Status: IN PROCESS – ST developing Preliminary Permitting Plan to share with City. Proposal is to
have it as exhibit to DA and to use as basis for D-B Contractor Permitting Plan.
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15. Preferred Concept for Station Canopies / Ancillary Buildings / Parking Garages for PRs – HIGH
IMPORTANCE, ST LEADING
Status: IN PROCESS – ST is developing more detailed conceptual designs for KDM and S. 272nd St to
clearly define and ensure a quality design option. The result of this effort will be to create a
preferred concept for a canopy, showing its architectural and material expression, which will be
implemented at all stations. The coverage over each platform shall be the agreed upon extents as
described in the DA and PRs. Also, a preferred concept for the Ancillary buildings and Parking
Garage façades will be developed. ST will present these conceptual designs to the City of Kent
through two review cycles. These preferred concepts will included in the PRs as a basis for design
for D-B teams to develop further, and to help frame their budgets. After selection of the D-B
contractor, the preferred concepts will be advanced and proceed through the City’s permitting
processes.
16. Dispute resolution/Remedy Alternatives/Termination – MEDIUM IMPORTANCE
Status: IN PROCESS – ST is to provide language used by neighboring jurisdictions with regards to
non-court remedy alternatives. City proposed three levels of dispute resolution; ST preferred four.
City interested in thinking through possible termination scenarios related to uncompleted work.
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ST Rev 02 – City Comments May 8, 2018
Page 1 of 28
GA 0046179-187
AGREEMENT BETWEEN THE CITY OF KENTXXX AND SOUND TRANSIT
FOR GRANT OF NON-EXCLUSIVE USE OF A LIGHT RAIL TRANSIT WAY AS
RELATED TO THE FEDERAL WAY LINK EXTENSION LIGHT RAIL TRANSIT
PROJECT
This AGREEMENT is entered into by and between the City of KentXXX (the
"City'') and Central Puget Sound Regional Transit Authority ("Sound Transit'') and
is effective when signed by all parties.
RECITALS
WHEREAS, Sound Transit is a governmental entity created pursuant to RCW
Chapters 81.104 and 81.112 RCW with all powers necessary to implement a
high capacity transit system within its boundaries in King, Pierce, and Snohomish
Counties, including the right to construct and maintain facilities in public rights of
way without a franchise (RCW 81.112.100 and RCW 35.58.330);
WHEREAS, the City is a non-charter optional municipal code city incorporated
under the laws of the State of Washington;
WHEREAS, the City owns and operates city streets, and other infrastructure
improvements within the City boundaries where Transit SoundSound Transit
proposes certain transit improvements and light rail;
WHEREAS, the Growth Management Act (Chapter 36.70A RCW) requires the
City to plan for and encourage regional high capacity transportation facilities such
as the Link Light Rail Transit Project (RCW 36.70A.020);
WHEREAS, in 1996, 2008, and 2016, pursuant to state law, the Central Puget
Sound Regional Transit Authority (known as "Sound Transit'') proposed, and
Central Puget Sound voters approved financing for, regional transit system plans
known as Sound Move, ST2, and ST3, respectively;
WHEREAS, these regional transit system plans include, among other projects,
the Federal Way Link Extension Project (“Project”) connecting the cities of
SeaTac, Des Moines, Kent, and Federal Way to the existing Link Light Rail
system , which will provide numerous benefits to the City’s residents, workers,
and visitors, and which will help the City meet its Comprehensive Plan goals;
WHEREAS, Sound Transit and the Federal Transit Administration of the United
States Department of Transportation (“FTA”) have jointly planned the Project
pursuant to the National and State Environmental Policy Acts, and have
completed environmental review for the projects in SeaTac, Des Moines, Kent,
and Federal Way with the Federal Way Link Extension Final Environmental
Impact Statement issued on November 18, 2016 and FTA’s Record of Decision
issued on March 6, 2017;
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ST Rev 02 – City Comments May 8, 2018
Page 2 of 28
GA 0046179-187
WHEREAS, on May 5, 2015, the City submitted a letter to the Sound Transit
Board stating its preference for Sound Transit’s preferred project alignment and
profile which balanced stakeholder interests, maximized safety and promoted
transit-oriented development consistent with the Midway Subarea Plan;
WHEREAS, on January 26, 2017, the Sound Transit Board defined and selected
the Federal Way Link Extension alignment, profile, stations, and associated
infrastructure to be built between Angle Lake Station at S. 200th Street and the
Federal Way Transit Center in Resolution 2017-02;
WHEREAS, Sound Transit is intending to deliver the Project as a design/build
procurement (“Design/Build”) and has been coordinating with the City in
preparation for Project Design and Construction; and
WHEREAS, the City and Sound Transit want to agree on a grant of a non-
exclusive use of a Light Rail Transit Way for the Federal Way Link Extension
Project in the City with appropriate terms and conditions that will satisfy the
FTA’s continuing control requirements; and
WHEREAS, the City and Sound Transit intend to execute a Ddevelopment
Aagreement in coordination with athis Ttransit W way agreement;
NOW THEREFORE, in consideration of mutual promises and covenants herein
contained related to the grant of a non-exclusive use of a Light Rail Transit Way
by the City to Sound Transit to construct, operate, maintain, and own a Light Rail
Transit System in the City of KentXXX within and along the Light Rail Transit
Way, the parties hereto agree to the terms and conditions as follows:
SECTION I. DEFINITIONS
For purposes of this Agreement, the following terms, phrases, words, and
their derivations shall have the meaning given herein where capitalized; words
not defined herein shall have their ordinary and common meaning. When not
inconsistent with the context, words used in the present tense include the future,
words in the plural number include the singular number, words in the singular
number include the plural number, and the use of any gender shall be applicable
to all genders whenever the sense requires. The words "shall" and ''will'' are
mandatory and the word "may" is permissive. References to governmental
entities, whether persons or entities, refer to those entities or their successors in
authority. If specific provisions of law referred to herein be renumbered, then the
reference shall be read to refer to the renumbered provision. References to laws,
ordinances or regulations shall be interpreted broadly to cover government
actions, however nominated, and include laws, ordinances, and regulations now
in force or hereinafter enacted or amended.
Formatted: Font: Not Bold
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1.1 Agreement. "Agreement" means this Light Rail Transit Way Agreem ent
approved by appropriate action of the City of KentXXX and of Sound Transit.
1.2 City. "City" means the City of KentXXX and any successor or assignee
following an assignment that is permitted under this Agreement.
1.3 Director. “Director” means the current Director of Public Works of the City
of KentXXX or designee.
1.4 Emergency. "Emergency" means, except as otherwise provided, a
generally unexpected occurrence or set of circumstances that affects public
safety or health demanding immediate action.
1.5 Final Construction Plans. "Final Construction Plans" means prints
showing detail, the proposed construction and specifications of the Light Rail
Transit System including alignment drawings showing the exact limits of the Light
Rail Transit Way, dedications and easements, consistent with the City’s Design
and Construction Standards.
1.6 Final Right-of-Way Plans. "Final Right-of-Way Plans" means prints
having the proposed limits of the Light Rail Transit Way mathematically tied to
existing City monumentation, using state plane coordinates for horizontal and
vertical control, consistent with the City’s Design and Construction Standards.
1.7 Liability. "Liability" means all loss, damages, cost, expense (including
costs of investigation and attorney fees and expenses at arbitration, trial or
appeal and without institution of arbitration or suit), liability, claims, and demands
of whatever kind of nature (including those arising under the Federal Employers
Liability Act), arising out of an occurrence relating to this Agreement or occurring
on or relating to the Light Rail Transit System described herein.
1.8 Light Rail Transit Facility. "Light Rail Transit Facility" means a structure,
rail track, equipment, maintenance base, or other improvement of a Light Rail
Transit System, including but not limited to ventilation structures, traction power
substations, signal bungalows, Light Rail Transit Stations and related passenger
amenities, bus layover and inter-modal passenger transfer facilities, and station
access facilities.
1.9 Light Rail Transit Station. "Light Rail Transit Station" means a Light Rail
Transit Facility whether at grade, above grade or below grade that provides
pedestrian access to Light Rail Transit System vehicles and facilitates transfer
from light rail to other modes of transportation. A Light Rail Transit Station may
include mechanical devices such as elevators and escalators to move
passengers and may also include such passenger amenities as informational
signage, seating, weather protection, fountains, or artwork.
9.b
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1.10 Light Rail Transit System. "Light Rail Transit System" means a public rail
transit line, including Light Rail Transit Facilities, all infrastructure (including light
rail vehicles operating on the Light Rail Transit Way), passenger services and
communication equipment, that operates at grade level, above grade level, or in
a tunnel and that provides high-capacity, regional transit service owned or
operated by a regional transit authority authorized under RCW 81.112. A Light
Rail Transit System may be designed to share a street right of way although it
may also use a separate right of way. Commuter rail and low capacity, or
excursion rail transit service are not included.
1.11 Light Rail Transit Way. "Light Rail Transit Way" means the areas within
the Public Rights of Way occupied by Sound Transit for its Light Rail Transit
System after construction pursuant to this Agreement, as shown on the record
drawings of the Final Right-of-Way Plans approved by the Director and on file
with the City Clerk.
1.12 Parties. “Parties” means the City of Kent and Sound Transit.
1.132 Passenger. "Passenger" means any person who is not an employee of
Sound Transit, and who is aboard any Sound Transit Light Rail Transit System
vehicle.
1.143 Public Rights of Way. "Public Rights of Way''' means the areas above,
below, on and over public streets and easements which, under the KentXXX
MunicipalCity Code, the City ordinances, and applicable laws, the City has
authority to grant rights of way, permits, or licenses for use thereof or has
regulatory authority therefor.
1.154 Project. “Project” means the segments of the Light Rail Transit System in
the City as described in Sound Transit Board Resolution 2017-02 and
subsequent approved permits and agreements.
1.16 Record Drawings. “Record Drawings” means the neatly and legibly
marked set of contract drawings maintained by Sound Transit’s Design-Build
Contractor with up-to-date information, showing all changes in the work, including
final locations of all items of work.
1.175 Routine Maintenance and Operation. "Routine Maintenance and
Operation" means Sound Transit’s maintenance and operation of the Light Rail
Transit System that does not require (i) the excavation of soil that would alter or
disturb the Public Rights of Way, or (ii) the use of heavy machinery within fifty
(50) feet of or upon the Public Rights of Way.
1.186 Sound Transit. "Sound Transit" means the Central Puget Sound
Regional Transit Authority, and any other entity to the extent such entity, as
9.b
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permitted under this Agreement, is exercising any rights to operate the Light Rail
Transit System over any portion of the Light Rail Transit Way pursuant to a
specific written grant of such rights by Sound Transit.
1.197 Third Party. “Third Party" means any person other than the City or an
employee of the City, and any person other than Sound Transit or an employee
of Sound Transit.
1.20 Track Access Permit. “Track Access Permit” means the process for track
access, the management, scheduling, and authorization of access to employees,
third parties, and contractors to perform work on, near, or adjacent to the Light
Rail Transit System or any Sound Transit facility. (See Exhibit D – Track Access
Procedures.)
SECTION II. GRANT OF RIGHTS BY THE CITY
2.1 Grant of Non-Exclusive Use of a Light Rail Transit Way. The City grants
to Sound Transit a non-exclusive use of portions of certain Public Rights of Way,
the general location of which is described and depicted on Exhibits A and B
hereto, to be known as a Light Rail Transit Way, to construct, operate, maintain,
and own a Light Rail Transit System in, upon, above, beneath and along the
Light Rail Transit Way in accordance with the terms and conditions of this
Agreement. The Light Rail Transit Way shall be limited to the areas described
generally in the plans and profile drawings contained in Exhibit C hereto and
more fully described in the Final Right-of-Way Plans. The Director or designee
and Sound Transit's Deputy Executive Director or designee of Design and
Engineering shall, from time to time, jointly revise and modify Exhibit C to
conform to the Final Construction Plans and the Final Right-of-Way Plans as long
as the revisions are, in their judgment, within the scope and intent of Exhibit C.
The Director is hereby expressly delegated the authority to revise and modify
Exhibit C from time to time consistent with the terms of this paragraph. This
grant shall take effect upon the approval of Final Construction Plans and Final
Right-of-Way Plans filing with the City Clerk by the Director of approved Final
Construction Plans and Final Right-of-Way Plans. Sound Transit expressly
agrees that it will construct, operate, and maintain the Light Rail Transit System
in compliance with this Agreement and all applicable City ordinances, state, and
federal laws, and shall provide a letter of financial guarantee, and the City shall
be a rider on Sound Transit’s bond with the Design Build contractor. financial
guarantees as determined by the City. Furthermore, Sound Transit shall take all
reasonable steps to ensure that during the construction, maintenance, operation
and ownership of the Light Rail Transit System, the Light Rail Transit Way will
not be used for any purpose not authorized in writing by the City.
2.2 Rights Limited to Light Rail Transit System. The non-exclusive use of a
Light Rail Transit Way is granted solely for the purpose of construction,
Comment [BH1]: ST needs to provide a legal
description as part of Exhibit C.
Comment [BH2]: Sound Transit will get back to
the city with bond details, including warranty period.
9.b
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maintenance, operation, and ownership of the Light Rail Transit System detailed
in the Issued for Construction Plans, and for no other purpose. Sound Transit
intends, and shall have the right, to use the Light Rail Transit Way solely for Light
Rail Transit System uses. Sound Transit agrees that it shall not, without the City's
written consent, construct on or along the Light Rail Transit Way any additions to
or expansions of the Light Rail Transit System subsequent to the construction
done in accordance with the Issued for Construction Plans and with the Final
Right-of-Way Plans. Notwithstanding the foregoing, nothing contained herein
shall prevent Sound Transit from replacing Light Rail Transit Facilities or
equipment existing after construction in the same location and after first obtaining
any necessary permits or other authorizations from the City.
2.3 Work Permitted in Light Rail Transit Way. Sound Transit understands and
agrees that during the normal course of Light Rail Transit Way use, the City may
engage in construction, maintenance, demolition, leasing, licensing, permitting,
and similar activities that have the potential to cause interruption to the Light Rail
Transit System. Sound Transit understands and agrees that such activities may
be caused, from time to time, by reasons including but not limited to: (i) traffic
conditions, (ii) public safety, (iii) Public-Right-of Way constructionconstruction of
facilities which constitute permissible uses of Public Rights-of-Way (“ROW ”),
(iviii) repair of ROW facilities Public Rights of Way repair (including resurfacing or
widening), (iv) change of grade to ROW Public Rights of Way grade, and (vi)
response to emergencies and natural disasters, and (vii) construction,
installation, maintenance, or repair of sewer drains, water pipes, power lines,
signal lines, traffic control devices, tracks, communication systems, public works,
public facilities or improvements, or any utilities. The City agrees that such
activities, to the extent they are permitted or controlled by the Citythat they may
impact Sound transit facilities or operations, shall not occur within the Light Rail
Transit Way without written notice to Sound Transit. Any such activities done by
or for the City shall be undertaken in a manner that minimizes, to the greatest
extent possible, disruption to operation of the Light Rail Transit System. Before
commencement of any work that directly impacts light rail operations or may
cause physical alteration to Sound Transit faciltiies, on Sound Transit tracks the
City will apply for , and direct all Third Parties to apply for, a Ttrack Aaccess
Ppermit in accordance with Sound Transit’s then- current track access standard
operating procedures (see Exhibit D), for which approval shall not be
unreasonably withheld or delayed, taking into account the nature of the proposed
entry. In cases of emergency, the city will make reasonable efforts to provide
notice to Sound Transit.
2.4 Non-Exclusive Use. Sound Transit understands that the rights granted
herein are non-exclusive. The City shall have the right to agree to other non-
exclusive uses or occupancies of the Light Rail Transit Way. The City agrees that
such uses or occupancies shall not unreasonably impair the ability of Sound
Transit to operate the Light Rail Transit System. Sound Transit agrees that its
non-exclusive rights shall not unreasonably impair the ability of other uses to
Comment [BH3]: Our intent with this section is
as follows: for work that disturbs the ground or
physically alters ST faciltiies or structures, we will
notice AND get the track access permit. For
emergencies, we’ll do our best. For work (whether
routine or nonroutine) that does NOT physically alter
an ST facility or structure or the ground, we will not
give notice or get a permit.
9.b
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GA 0046179-187
exist and/or operate in the public right of wayrights-of-way as permitted by the
City.
2.5 Use Restricted. This Agreement does not authorize the provision of any
services by Sound Transit other than the services strictly related to the operation
of the Light Rail Transit System. Sound Transit's use of the Light Rail Transit
Way for anything other than a Light Rail Transit System shall require written
permission from the City, which permission may be revoked at any time or as
provided in such written permission.
2.6 Ownership. Sound Transit shall own all tracks and other Light Rail Transit
Facilities on the Light Rail Transit Way, including, without limitation,
improvements constructed at the cost and expense of Sound Transit that are not
otherwise transferred to and accepted by the City. Nothing in this Agreement
shall be construed as granting to Sound Transit (the city?) any interest or right in
the Light Rail Transit Way or the improvements on the Light Rail Transit Way
other than the rights expressly provided herein.
2.7 No Rights by Implication. No rights shall pass to Sound Transit by
implication. Without limiting the foregoing, by way of example and not limitation,
this Agreement shall not include or be a substitute for the following:
A. Any other permit or authorization required for the privilege of
transaction and carrying on a business within the City that may be required by
the ordinances and laws of the City; or
B. Any permit, agreement or authorization required in connection with
operations on or in public streets or property, including by way of example and
not limitation, street cut permits; or
C. Any permits or agreements for occupying any other property of the
City or private entities to which access is not specifically granted by this
Agreement.
2.8 Utilities Agreements. This Agreement shall not be read to diminish, or in
any way affect, the authority of the City to control and charge for the use of the
light, water, storm, solid waste, and wastewater utilities. Therefore, if Sound
Transit desires to use such utilities, it must pay standard rates for utility services
and obtain necessary agreements or consents for such uses, as may be required
by the City, which agreem ents or consents shall not be unreasonably withheld.
SECTION III. PERMITS
3.1 Permits and Licenses. Sound Transit, at its sole cost and expense, shall
(i) secure and maintain in effect, all federal, state, and local permits and licenses
9.b
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required for the construction, operation, and maintenance of the Light Rail Transit
System, including, without limitation, crossing, zoning, building, health,
environmental, and communication permits and licenses, and (ii) indemnify the
City against payment of the costs thereof and against any fines or penalties that
may be levied for failure to procure, or to comply with, such permits or licenses,
as well as any remedial costs incurred by the City in curing any such failures.
3.2 Non-Interference. The City shall not interfere with Sound Transit's ability
to secure, obtain, and maintain, at Sound Transit's sole cost and expense, any
permits, licenses or approvals of other governmental agencies or authorities, or
of any necessary Third Parties, for the use of any structures or facilities, including
streets, roads, or utility poles not owned by the City.
SECTION IV. CONSTRUCTION
4.1 Approval of Construction. Sound Transit shall obtain the approval of the
Director of all Light Rail Facility Final Construction Plans for Sound Transit work
in the Public Right of Way prior to any such work commencing. Final
Construction plans must be accompanied by Final Right-of-Way Plans. Prior to
the City’s issuance of permits, Sound Transit shall execute dedications of public
right-of-way, applicable storm drainage covenant agreements, easements to
benefit the City, bill of sales and financial guarantees as determined by the City.
Approval for construction shall consist of the issuance of a construction permit or
permits by the Director for each project section or contract to be constructed by
Sound Transit within the Public Rights of Way.
4.2 Record Drawings. Prior to release of financial guarantees,Within six (6)
months of Sound Transit’s acceptance of Design-Build Contractor Project
completion, As promptly as reasonably possible, following the start of passenger
revenue operations, Sound Transit shall furnish to the City the record drawings of
the Final Construction Plans and Final Right-of-Way Plan, including Record
Drawings and associated electronic AUTOCAD and GIS files showing the as-
built condition. incorporatingand Final Right-of-Way Plans in an appropriate file
format, including ACAD electronic plans. Upon mutual agreement as to the types
and number of drawings required, Sound Transit shall furnish to the City
drawings sufficient to describe the project spatially in the City’s standard
horizontal and vertical coordinate system for spatial data, referencing the City’s
standard datum. North American Vertical Datum of 1988 (NAVD88) is
recommended,
4.3 Entry Upon Light Rail Transit Way. Sound Transit, its employees, and
agents shall have the right, as defined and limited pursuant to Section V of this
Agreement, to enter upon the Light Rail Transit Way for the purpose of
constructing, operating, and maintaining the Light Rail Transit Facilities.
9.b
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4.4 Temporary Use of Public Rights of Way. During construction of the Light
Rail Transit System, Sound Transit, with the prior written agreement of the City,
and approval of any required permits, may fence portions of the Public Rights of
Way for the temporary storage of construction equipment and materials, provided
that such structures and fences (i) do not interfere with or disrupt in any way,
other than ways approved in advance by the City, the ordinary use of the Public
Right of Way; (ii) do not interfere with or disrupt in any way, other than in ways
approved in advance by the City, the ordinary access to property on either side of
the Public Rights of Way; (iii) are not used for construction worker parking; and
(iv) do not unnecessarily limit the public's right to travel within the Public Right of
Way. Sound Transit shall not store or temporarily place any goods, materials, or
equipment (i) near a roadway, intersection, or crossing in such a manner as to
interfere with the sight distance of persons approaching such crossing; or (ii)
within such greater distance as prohibited by the City; provided, however, that
fuel and other hazardous substances shall not be stored unless approved by
appropriate officials of the City Fire Department.the City.
4.5 Utilities During Construction. The City recognizes that the Light Rail
Transit System is an essential public facility and public transportation
improvement. The City will cooperate with Sound Transit by directing non-City-
owned utilities with conflicting utility facilities on City-owned Public Right of Way
to relocate when necessary at the utility’s expense pursuant to applicable City
code sections or the utility’s franchise agreement. Sound Transit will coordinate
with all utilities to minimize utility relocation costs and related construction and
will negotiate with non-City-owned utilities on utility relocation costs and cost
allocation. Sound Transit shall fully indemnify the City for any claim and
undertake the defense of any litigation directed at the City arising from the City's
exercise of its authority to direct such relocation to accommodate the
construction of the Light Rail Transit System. The City shall cooperate fully with
Sound Transit in the defense of any such claim. Notwithstanding the foregoing,
the parties agree that Sound Transit shall pay for any and all costs for relocation
or protection of City-owned and non-City-owned utilities that the City determines
is necessary due to construction, or operation, or maintenance of the Light Rail
Transit System. The specific allocation of costs of such relocation shall be
defined in a series of future agreements between the City and Sound Transit
relating to the separate construction segments of the Light Rail Transit System,
each agreement to be entered into before construction on the particular segment
begins.
4.6 Compliance with Laws, Rules and RegulationsWork Completed by Sound
Transit. Sound Transit, at Sound Transit's sole cost and expense, will furnish all
materials, parts, components, equipment, and structures necessary to construct
and operate the Light Rail Transit System, or any part thereof, in accordance with
this Agreement. Any and all work by Sound Transit shall be done in a good and
workman-like manner, in conformity with all applicable engineering, safety, and
9.b
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other statutes, laws, ordinances, regulations, rules, codes, orders, or
specifications of any public body or authority having jurisdiction.
4.7 Installation. All facilities and installations must meet or exceed applicable
specifications of the City and be in compliance with all existing federal, state, and
local laws, ordinances and regulations.
4.8 Track Support. During any work of any character by Sound Transit at
locations of the Light Rail Transit Facilities, and in accordance with the Final
Construction Plans, Sound Transit will support the tracks and roadbed of the
Light Rail Transit System in such manner as is necessary for the safe operation
of the Light Rail Transit System and ordinary use of the Public Rights of Way.
4.9 Imminent Danger. If, during construction, there is an Emergency or the
Light Rail Transit System creates or is contributing to an imminent danger to
health, safety, or property that Sound Transit is unable to immediately address,
the City may protect, support, temporarily disconnect, remove, or relocate any or
all parts of the Light Rail Transit System without prior notice, and charge Sound
Transit for costs incurred. The City shall provide notice of such danger as soon
as practicable. The City shall provide notice of such Emergency or danger along
with any actions taken to Sound Transit as soon as practicable, taking into
consideration the nature and complexity of the Emergency or other imminent
danger.
4.10 Accommodation of Moving Structures. Sound Transit shall, on the request
of any Third Party holding a valid permit issued by a governmental authority and
a Sound Transit Track Access permit, temporarily raise or lower its wires to
permit the moving of buildings or other objects. Sound Transit may require that
the expense of such temporary removal or raising or lowering of wires be paid in
advance by the Third Party requesting the same.
4.11 Information Regarding Ongoing Work. In addition to providing notice to
the public of ongoing work as may be required under applicable law, Sound
Transit shall develop a comprehensive project-specific communication plan in
coordination with the City to establish and maintain effective communication with
residents and businesses to allow them to be fully informed about potentially
significant disruptions, such as temporary street closures, changes in transit
service, and parking availability. As part of the plan, Sound Transit will work with
community and neighborhood groups prior to and through the construction
process to identify types of impacts that would occur and communicate mitigation
activities to address such impacts. Moreover, at a minimum, Sound Transit shall
maintain a webpage as well as social media communications and a telephone
hotline that allows the public to access and receive accurate up-to-date
information regarding then-current and future impacts to traffic or other services
caused by the work being performed by Sound Transit. Sound Transit shall also
9.b
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provide the City with contact information for a responsible person at Sound
Transit who will be available to answer inquiries received by the City.
4.12 Restoration of Public Rights of Way. Sound Transit shall promptly repair
any and all Public Rights of Way and public property that is disturbed or
damaged during the construction of its Light Rail Transit System to substantially
the same condition, or in the case of street surfaces, better condition if
reasonably necessary as determined by the City and within a mutually agreed-
upon timeframe commensurate with the scope of repairs. In the event Sound
Transit does not comply with the foregoing requirement, the City may, upon
reasonable advance notice to Sound Transit, take the actions to restore the
Public Rights- of- Way or public property at Sound Transit's sole cost and
expense.
4.13 Federal Grant Conditions. Sound Transit's design and construction of the
Project may become subject to a financial assistance agreement between Sound
Transit and the Federal Transit Administration (“FTA”). Both parties recognize
that changes to this Agreement may be necessary in order to comply with FTA
funding requirements. If changes to this Agreement are required, the City’s
acceptance of such changes shall not be unreasonably withheld.
SECTION V. ENTRY NOTICE
5.1 Access. Sound Transit, its employees and agents shall have access to
the Public Rights of Way in connection with Sound Transit's construction,
operation, and maintenance of the Light Rail Transit System as is reasonably
necessary in accordance with this Agreement; provided. Hhowever, except to the
extent expressly provided in this Agreement, this right of access shall not be
deemed to require the City to take any actions or expend any funds to enable
such persons to exercise such rights of access, and provided further that such
access may not interfere with or disrupt in any way, other than in ways approved
in advance by the City, the use of the Light Rail Transit Way by the City or Third
Parties in and Light Rail Transit Way.
5.2. Notice Prior to Initial Entry. During construction, Sound Transit shall give
the City at least seventy-two (72) hours' written notice before initial entry upon
any portion of the Public Rights of Way for construction purposes.
5.3 Entry after Project Construction. After construction, any entry by Sound
Transit onto the Public Rights of Way that is not pursuant to the Routine
Maintenance and Operation of the Light Rail Transit System or for purposes
relating to an Emergency shall require (i) applicable permits from the
Cityadvance written notice from Sound Transit to the City not less than ten (10)
days prior to Sound Transit's planned entry, with notice to specify the purpose of
the entry; (ii) if entry involves any new connection or removal of any portion of the
9.b
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Light Rail Transit System, plans as required by direction of the Director showing
in detail the proposed new construction, reconstruction, or removal; and (iii)
approval by tThe City, which approval shall not be unreasonably withheld or
delayed, taking into account the nature of the proposed entry.Sound Transit shall
obtain permits as necessary as per Section 6.2.
5.4 Entry for Routine Maintenance and Operation. During Routine
Maintenance and Operation, Sound Transit personnel may enter the Public
Rights of Way without notice to the City, as long as such entry is for the sole
purpose of Routine Maintenance and Operation. If the Routine Maintenance and
Operation activities require the closure of a traffic lane, Sound Transit will exert
its best efforts to provide the City forty-eight (48)-hours’ written notice before
closure of any portion of the Public Right-of-Way.sall obtain a sStreet Use Permit
as per Section 6.2. 5.4 Entry for Routine Maintenance and Operation. During
Routine Maintenance and Operation, Sound Transit personnel may enter the
Public Rights of Way without notice to the City, as long as such entry is for the
sole purpose of Routine Maintenance and Operation. If Routine Maintenance
and Operation activities may affect motorized or non-motorized travel, Sound
Transit will apply for a Street Use Permit before commencement of work in the
Public Right-of-Way.
5.5 Em ergency Access. In the event of an Emergency that interrupts or
significantly disrupts Operation of the Light Rail Transit System and for purposes
of taking immediate corrective action, Sound Transit personnel may enter the
Public Rights of Way without notice to the City, as long as such entry is for the
sole purpose of addressing the Emergency; provided, however, that if any entry
for such purposes is likely to require excavation of soil that would alter or disturb
the Public Rights of Way or use of heavy machinery within fifty (50) feet of or
upon the Public Rights of Way, Sound Transit shall give the City verbal or
telephonic notice of the places where, and the manner in which, entry is required,
prior to such entry, promptly followed by written notice.
SECTION VI. OPERATION, MAINTENANCE, AND REPAIR IN STREETS AND
RIGHTS OF WAY
6.1 Compliance with Laws, Rules, and Regulations. Sound Transit shall
operate, maintain, and repair its Light Rail Transit System in compliance with all
federal, state, and local laws, ordinances, departmental rules and regulations and
practices affecting such system, which include, by way of example and not
limitation, the obligation to operate, maintain, and repair in accordance with the
City's Land Use Code and construction codes, and City street and utility
standards. In addition, the operation, maintenance, and repair shall be performed
in a manner consistent with industry standards. Sound Transit shall exercise
reasonable care in the performance of all its activities and shall use industry-
Comment [BH4]: We want to be clear about
permits so are referencing 6.2 in both 5.3 and 5.4.
Closing a traffic lane definitely requires a permit
(and traffic control plan).
9.b
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accepted methods and devices for preventing failures and accidents that are
likely to cause damage, injury, or nuisance to the public orto property.
6.2 Permits Required. Except in cases of emergency repairs, Sound Transit's
operation, maintenance, or repair of its Light Rail Transit System shall not
commence until all required permits have been properly applied for and obtained
from the proper City officials and all required permits and associated fees paid,
including, but not limited to, the cost of permit-application review and inspection.
In case of emergency repairs, appropriate permits shall be applied for no later
than the second business day following repairs.
6.3 Level of Operation/Maintenance. All facilities shall be operated and
maintained in such a manner as to minimize disruption to other users of the
Public Rights of Way. All facilities shall be maintained in a state of good repair
as defined by FTA in 49 CFR 625.
6.4 Appointment of Operator. Sound Transit may appoint an operator as
Sound Transit's agent to exercise some or all of Sound Transit's rights under this
Agreement, subject to the terms and conditions of this Agreement.
6.5 Regulatory Approvals. Sound Transit and its operator shall obtain and
maintain all federal, state and/or local regulatory approvals as may be required
for the operation of the Light Rail Transit System.
6.6 Responsibility for Equipment. The City shall have no responsibility for
inspecting, maintaining, servicing, or repairing any trains or other equipment
used by Sound Transit as part of the Light Rail Transit System unless otherwise
needed for permitting or to determine code compliance, but all such equipment
shall at all times comply with applicable federal, state, and local governmental
requirements.
6.7 Prompt Repair. Sound Transit shall promptly repair any and all Public
Rights of Way, public property, or private property that is disturbed or damaged
during the operation, maintenance, or repair of its Light Rail Transit System
within a mutually agreed-upon timeframe commensurate with the scope of
repairs. Public property and Public Rights of Way must be restored to
substantially the same condition or better as approved by the City before the
disturbance or damage occurred, or, in the case of street surfaces, better
condition if reasonably necessary.
6.8 Imminent Danger. In the event of an Emergency, or where the Light Rail
Transit System creates or is contributing to an imminent danger to health, safety
or property, the City will immediately notify Sound Transit’s Link Control Center at
206-205-8177 (“LCC”) or 911 to address the situation.
9.b
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6.9 No At-Grade Crossings or Crossing Gates Without Permission. Sound
Transit will not install any at-grade crossings or crossing gates or other traffic
control devices without the written consent of the City.
SECTION VII. FACILITY LOCATION SIGNS
Sound Transit, at its sole cost, expense, and risk, shall secure permits, furnish,
erect, and thereafter maintain signs showing the location of all Sound Transit
facilities. Signs shall be in conformance with applicable codes. Signs installed in
the right of way or on private property shall be approved by the City and shall
require a Street Use or Sign Permit approved by the City.
SECTION VIII. THIRD PARTY RIGHT OF WAY OWNERSHIP
This Agreement is not intended to cover and does not cover any occupancies
over (i) rights of way or other land owned solely or jointly by any other person or
entity, or (ii) any rights granted to the City by Third Parties.
SECTION IX. RELOCATIONS
If the City desires the relocation of a portion of the Light Rail Transit Facilities to
accommodate the City, the City shall notify Sound Transit of such fact, and
Sound Transit shall consult with the City regarding such request.
SECTION X. LIABILITY, INDEMNIFICATION
Sound Transit hereby agrees to indemnify, defend, and hold harmless the City of
Kent against any and all claims, demands, suits, actions, damages, recoveries,
judgments, costs, and expenses, including, without limitation, reasonable
attorneys' fees, paid by the City, and arising or growing out of, in connection with,
or resulting from, either directly or indirectly, and whether or not cause by Sound
Transit’s own negligence, the construction, maintenance, operation, repair,
removal, occupancy, and use of Light Rail Transit System in the Light Rail
Transit Way by Sound Transit. Sound Transit’s obligation under this provision
shall encompass only its own negligence, and does not relate or apply to the
City’s sole or partial negligence, for which the City shall remain responsible. This
limitation applies to the sole or partial negligence, actions or inaction of the City,
its employees, servants, agents, contractors, or subcontractors, or persons using
the Light Rail Transit System with the express written permission of the City.
The City shall give Sound Transit prompt notice of any claims of which it is
aware. Sound Transit shall promptly assume responsibility for the claim or
9.b
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undertake the defense of any litigation on behalf of the City. The City shall
cooperate fully with Sound Transit in the defense of any claim to the extent such
cooperation is not contrary to the interests of the City. The City shall not settle
any claim without the prior written consent of Sound Transit, which consent shall
not be unreasonably withheld. Sound Transit expressly assumes potential
liability for actions brought by Sound Transit's employees and agents against the
City and, solely for the purpose of this indemnification, expressly waives any
immunity under the Industrial Insurance Law, Title 51 RCW. Sound Transit
acknowledges that this waiver was entered into pursuant to the provisions of
RCW 4.24.115 and was the subject of mutual negotiation.
SECTION XI. INSURANCE
Sound Transit shall maintain throughout the term of this Agreement, and for six
(6) years after its termination, insurance adequate to protect the City against
claims that may arise as a result of the construction, operation, or maintenance
of the Light Rail Transit System in the Light Rail Transit Way, including, without
limitation (i) comprehensive general liability insurance (minimum limit of
$5,000,000 per occurrence); (ii) property damage liability insurance (minimum
limit of $5,000,000 per occurrence), including coverage for explosion, collapse,
and instability; (iii) workers' compensation insurance (statutory limits are
acceptable), to the extent required by law; (iv) employer's liability insurance
(minimum limit of $2,000,000 per occurrence); and (v) comprehensive auto
liability coverage, including owned, hired, and non-owned vehicles (minimum limit
of $5,000,000 per occurrence).
Sound Transit shall carry such insurance with responsible insurers or self-insure
or participate in an insurance pool or pools at levels of coverage or with reserves
adequate, in the reasonable judgment of Sound Transit, to protect Sound Transit
and the City against loss, and as are ordinarily carried by municipal or privately-
owned entities engaged in the operation of systems comparable to the Light Rail
Transit System.
Sound Transit shall file with the City's Risk Manager certificates of insurance
reflecting evidence of the required insurance and naming the City as an
additional insured where appropriateunless such requirement is waived in writing
by the City. The certificates shall contain a provision that coverage will not be
canceled until at least thirty (30) days' prior written notice has been given to the
City.
If Sound Transit fails to maintain the required insurance, the City may order
Sound Transit to stop operating the Light Rail Transit System in the Light Rail
Transit Way until the required insurance is obtained, and upon receipt of such
order, Sound Transit shall cease all operations.
9.b
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SECTION XII. LIENS
12.1 The Light Rail Transit Way and Light Rail Transit Facilities are not subject
to a claim of lien. In the event that any City property becomes subject to any
claims for mechanics, artisans, or materialmen liens, or other encumbrances
chargeable to or through Sound Transit which Sound Transit does not contest in
good faith, Sound Transit shall promptly, and in any event within thirty (30) days,
cause such lien claim or encumbrance to be discharged or released of record (by
payment, posting of bond, court deposit or other means), without cost to the City,
and shall indemnify the City against all costs and expenses, including attorney
fees, incurred in discharging and releasing such claim of lien or encumbrance. If
any such claim or encumbrance is not so discharged and released, the City may
pay or secure the release or discharge thereof at the expense of Sound Transit
after first giving Sound Transit five (5) business days’ advance notice of its
intention to do so. The City shall use its reasonable best efforts to keep Sound
Transit's facilities free of all liens that may adversely affect the Light Rail Transit
System.
12.2 Nothing herein shall preclude Sound Transit's or the City's contest of a
claim for lien or other encumbrance chargeable to or through Sound Transit or
the City, or of a contract or action upon which the same arose.
12.3 Nothing in this Agreement shall be deemed to give, and the City expressly
waives, any claim of ownership in and to any part or the whole of the Light Rail
Transit Facilities except as may be otherwise provided herein.
SECTION XIII. TERM; TERMINATION
13.1 This Agreement shall be effective as of the date the last party signs and,
unless sooner terminated pursuant to the terms hereof, shall remain in effect for
so long as the Light Rail Transit Way is used for public transportation purposes.
13.2 Upon termination of this Agreement, Sound Transit agrees to prepare,
execute and deliver to the City all documentation necessary to evidence
termination of this Agreement or portion thereof so terminated. No such
termination, however, shall relieve the parties hereto of obligations accrued and
unsatisfied at such termination.
13.3 Upon the cessation of use of the Light Rail Transit Way for the Light Rail
Transit System, to the extent any portion of it remaining in the Public Rights of
Way or on any other public property is not removed by Sound Transit, the City,
as expressed by ordinance, may deem it abandoned and it shall become the
property of the City. If the City does not desire such ownership, Sound Transit
shall remove any remaining portion of the Light Rail System.
Comment [FITZ5]: This section in yellow
confuses me and makes no sense. It seems to me
that this agreement will never terminate except and
until ST removes its structures from our right of
way. Section 13.3 seems to imply this, but it is not
very clear. This section should state that it is
effective when it is signed, and terminated when
_______________.
Formatted: Highlight
9.b
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13.4 Any order by the City issued pursuant to this Section to remove the Light
Rail Transit System in whole or in part shall be sent by registered or certified mail
to Sound Transit not later than twenty-four (24) months following the date of
termination of this Agreement, or, if later, the final resolution of any appeal of the
termination.
13.5 Sound Transit shall file a written removal plan with the City not later than
sixty (60) calendar days following the date of the receipt of any orders directing
removal, or any consent to removal, describing the work that will be performed,
the manner in which it will be performed, and a schedule for removal by location.
The removal plan shall be subject to approval and regulation by the City. The
affected property shall be restored to as good or better condition than existed
immediately prior to removal as determined by the City.
SECTION XIV. DISPUTE RESOLUTION; REMEDIES; ENFORCEMENT
14.1 Dispute Resolution.
A. Any disputes or questions of interpretation of this Agreement that
may arise between Sound Transit and the City shall be governed under the
Dispute Resolution provisions in this Section. The Parties agree that cooperation
and communication are essential to resolving issues efficiently. The Parties
agree to exercise their best efforts to resolve any disputes that may arise through
this dispute resolution process.
B. The Parties agree to use their best efforts to prevent and resolve
potential sources of conflict at the lowest level.
C. The Parties agree to use their best efforts to resolve disputes
arising out of or related to this Agreement using good-faith negotiations by
engaging in the following dispute escalation process should any such disputes
arise:
(1) Level One - Sound Transit’s Deputy Executive Director of
Design, Engineering and Construction ManagementProject Manager or
dDesignee and the City’s Project Liaison or Designee shall meet to discuss and
attempt to resolve the dispute in a timely manner. If they cannot resolve the
dispute within fourteen (14) calendar days after referral of that dispute to Level
One, either party may refer the dispute to Level Two.
(2) Level Two - Sound Transit’s Executive Director of Design,
Engineering and Construction Management or Designee and the City’s Public
Works Director and Economic Community Development Director or their
designees, Designee shall meet to discuss and attempt to resolve the dispute, in
a timely manner. If they cannot resolve the dispute within fourteen (14) calendar
Comment [BH6]: We are working on language
for a “reversionary clause” – some way of mitigating
the cost to us if ST leaves half-built infrastructure
and can’t pay the city to remove/repair/finish.
9.b
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days after referral of that dispute to Level Two, either party may refer the dispute
to Level Three.
(3) Level Three - Sound Transit’s Chief Executive Officer or
dDesignee and the City’s Chief Administrative Officer Manager or dDesignee
shall meet to discuss and attempt to resolve the dispute in a timely manner.
D. Except as otherwise specified in this Agreement, in the event the
dispute is not resolved at Level Three within fourteen (14) calendar days after
referral of that dispute to Level Three, the Parties are free to file suit or agree to
alternative dispute resolution methods such as mediation. At all times prior to
resolution of the dispute, the Parties shall continue to perform and make any
required payments under this Agreement in the same manner and under the
same terms as existed prior to the dispute.
14.2 Notice of Default. Neither party shall be in default under this Agreement
unless it has failed to perform under this Agreement for a period of thirty (30)
calendar days after written notice of default from any other party. Each notice of
default shall specify the nature of the alleged default and the manner in which the
default may be cured satisfactorily. If the nature of the alleged default is such that
it cannot be reasonably cured within thirty (30) days, then commencement of the
cure within such time period and the diligent prosecution to completion of the
cure shall be deemed a cure.
14.3 Remedies. Either party hereto has the right to exercise any and all of the
following remedies, singly or in combination, and consistent with the dispute
resolution and notice of default sections of this Agreement, in the event the other
party violates any provision of this Agreement:
A. Commencing an action at law for monetary damages;
B. Commencing an action for equitable or other relief;
C. Seeking specific performance of any provision that reasonably lends
itself to such remedy.
14.4 Cumulative Remedies. In determining which remedy or remedies for a
party’s violation are appropriate, a court may take into consideration the nature
and extent of the violation, the remedy needed to prevent such violations in the
future, whether the party has a history of previous violations of the same or
similar kind, and such other considerations as are appropriate under the
circumstance. Remedies are cumulative; the exercise of one shall not foreclose
the exercise of others.
14.5 Failure to Enforce. Neither party hereto shall be relieved of any of its
obligations to comply promptly with any provision of this Agreement by reason of
9.b
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any failure of the other party to enforce prompt compliance, and one party’s
failure to enforce shall not constitute a waiver of rights or acquiescence in the
other party’s conduct.
SECTION XV. COVENANTS AND WARRANTIES
15.1 By execution of this Agreement, the City warrants:
A. That the City has full right and authority to enter into and perform this
Agreement and any permits which may be granted in accordance with the terms
hereof, and that by entering into or performing this Agreement the City is not in
violation of any law, regulation, or agreement by which it is bound, to which it is
bound, or to which it is subject; it being understood, however, that the covenant
and warranty contained in this Section does not constitute a warranty, expressed
or implied, by the City, of the right or rights granted by the City to Sound Transit
hereunder; and
B. That the execution, delivery, and performance of this Agreement by the
City has been duly authorized by all requisite corporate action, that the
signatories for the City hereto are authorized to sign this Agreement, and that,
upon approval by the City, the joinder or consent of any other party, including a
court or trustee or referee, is not necessary to make valid and effective the
execution, delivery, and performance of this Agreement.
15.2 By execution of this Agreement, Sound Transit warrants:
A. That Sound Transit has full right and authority to enter into and perform
this Agreement in accordance with the terms hereof and by entering into or
performing under this Agreement, Sound Transit is not in violation of any of its
agency governance rules, any law, regulation or agreement by which it is bound
or to which it is subject; and
B. That the execution, delivery and performance of this Agreement by
Sound Transit has been duly authorized by all requisite Board action, that the
signatories for Sound Transit hereto are authorized to sign this Agreement, and
that the joinder or consent of any other party, including a court, trustee, or
referee, is not necessary to make valid and effective the execution, delivery, and
performance of this Agreement.
SECTION XVI. RECORDINGS, TAXES AND OTHER CHARGES
16.1 Sound Transit shall pay all transfer taxes, documentary stamps, recording
costs or fees, or any similar expense in connection with the recording or filing of
any permit which may be granted hereunderdocuments or records for which
9.b
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GA 0046179-187
recording or filing is required pursuant to this Agreement. Sound Transit further
agrees that if it is determined by any federal, state, or local governmental
authority that the sale, acquisition, license, grant, transfer, or disposition of any
part or portion of the Light Rail Transit Facilities or right herein described requires
the payment of any tax, levy, excise, assessment, or charges, including without
limitation, property, sales or use tax, under any statute, regulation or rule, Sound
Transit shall pay these, plus any penalty and/or interest thereon, directly to said
taxing authority and shall hold the City harmless therefrom. Sound Transit shall
pay all taxes, levies, fees, excises, assessments, or charges, including any
penalties and/or interest thereon, levied or assessed on the Light Rail Transit
Facilities, or on account of their existence or use, including increases thereof
attributable to such existence or use, and excluding taxes based on the income
of the City, shall indemnify the City against payment thereof. Sound Transit shall
have the right to claim, and the City shall reasonably cooperate with Sound
Transit in the prosecution of any such claim, for refund, rebate, reduction, or
abatement of such tax(es).
16.2 The City may pay any tax, levy, fee, excise, assessment or charge, plus
any penalty and/or interest thereon, imposed upon Sound Transit for which
Sound Transit is obligated pursuant to this Section if Sound Transit does not pay
such tax, levy, excise, assessment, or charge when due. Sound Transit shall
reimburse the City for any such payment made pursuant to the previous
sentence, plus interest at the prime rate per annum, as published in the Wall
Street Journal.
SECTION XVII. ASSIGNABILITY; BENEFICIARY
17.1 This Agreement shall be binding upon and inure to the benefit of the
parties hereto and their respective successors or assignees. No assignment
hereof or sublease shall be valid for any purpose without the prior written consent
of the other party, and any attempt by one party to assign or license the rights or
obligations hereunder without prior written consent will give the other party the
right, at its written election, immediately to terminate this Agreement or take any
other lesser action with respect thereto. The above requirement for consent shall
not apply to (i) any disposition of all or substantially all of the assets of a party; (ii)
any governmental entity merger, consolidation or reorganization, whether
voluntary or involuntary; (iii) a sublease or assignment of this Agreement, in part
or in whole, to a governmental entity; or (iv) a sale, lease, or other conveyance
by the City, subject to those requirements set forth in this Agreement; provided
however, that no sublease or assignment under (ii) or (iii) shall be permitted to a
governmental entity not operating, constructing or maintaining a Light Rail Transit
System on behalf of Sound Transit, and provided further that no unconsented
assignment shall relieve Sound Transit of its obligations and liabilities under this
Agreement.
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17.2 Either party hereto may assign any monetary receivables due them under
this Agreement; provided, however, such assignment shall not relieve the
assignor of any of its rights or obligations under this Agreement.
17.3 Sound Transit acknowledges and agrees that the City may designate in
writing a designee to (i) receive information, including information designated or
identified as confidential, and notices under this Agreement, and (ii) provide
certain approvals or consents required from the City under this Agreement. In the
event of such designation, Sound Transit may rely on approvals or consents by
such designee on behalf of the City as fully as if such actions were performed by
the designator itself.
17.4 Neither this Agreement nor any term or provision hereof, or any inclusion
by reference, shall be construed as being for the benefit of any party not a
signatory hereto.
SECTION XVIII. NOTICES
18.1 Unless otherwise provided herein, all notices and communications
concerning this Agreement shall be in writing and addressed to (one copy each):
Central Puget Sound Regional Transit Authority
Attention: Deputy Executive Director DECM
401 South Jackson Street
Seattle, WA 98104-2826
And to:
City of KentXXX
Attention: Public Works Director
400 W. Gowe Street
Kent, WA 98032-5895
SECTION XIX. MISCELLANEOUS
19.1 This Agreement shall survive delivery and/or recordation of each may be
granted hereunder.
19.2 Each party shall be responsible for its own costs, including legal fees, in
negotiating or finalizing this Agreement, unless otherwise agreed by the Parties.
19.3 Sound Transit shall not be deemed in default with the provisions of this
Agreement where performance was rendered impossible by war or riots, civil
disturbances, floods, or other natural catastrophes beyond Sound Transit's
control; the unforeseeable unavailability of labor or materials; labor stoppages or
Formatted: Space After: 0 pt
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slowdowns; or power outages exceeding back-up power supplies. This
Agreement shall not be revoked or Sound Transit penalized for such
noncompliance, provided that Sound Transit takes immediate and diligent steps
to return to compliance and to comply as soon as practicable under the
circumstances without duly endangering the health, safety, and integrity of Sound
Transit's employees or property, or health, safety, and integrity of the public,
Public Rights of Way, public property, or private property.
19.4 This Agreement may be amended only by a written instrument executed
by each of the parties hereto, save and except for revisions or modifications to
Exhibit C as provided for in Section 2.1 herein. No failure to exercise and no
delay in exercising, on the part of any party hereto, any rights, power or privilege
hereunder shall operate as a waiver hereof except as expressly provided herein.
19.5 This Agreement constitutes the entire agreement of the parties with
respect to the subject matters hereof, and supersedes any and all prior
negotiations, oral and written, understandings and agreement with respect
hereto.
19.6 Section headings are intended as information only, and shall not be
construed with the substance of the section they caption.
19.7 This Agreement may be executed in several counterparts, each of which
shall be deemed an original, and all counterparts together shall constitute but
one and the same instrument.
19.8 Upon cessation of use of the Light Rail Transit Way for the Light Rail
Transit System, to the extent any portion of it remaining in the Public Right of
Way or on any other public property is not removed by Sound Transit, the City,
as expressed by ordinance, may deem it abandoned and it shall become the
property of the City. If the City does not desire such ownership, Sound Transit
shall remove any remaining portion of the Light Rail System at its own expense.
19.8 Each party shall be responsible for resolving, and shall be liable for, its own
public records requests. If the City receives any public records requests
pertaining to the Federal Way Link Extension Project or the Light Rail Transit
System , it will produce to the requestor any responsive records it has access to
without notice to Sound Transit, its agents, or contractors.
19.9 General Cost Allocation. Notwithstanding any other provision of the
Agreement, all costs associated with this Agreement shall be costs of Sound
Transit.
SECTION XX. LEGAL FORUM
Comment [BH7]: Please note this new section. It
is not showing up as “tracked change” for some
reason; I apologize.
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This Agreement shall be interpreted, construed and enforced in accordance with
the laws of the State of Washington. Venue for any action under this Agreement
shall be King County, Washington.
SECTION XXI. INTERPRETATION
This Agreement is executed by all parties under current interpretations of
applicable federal, state or local statute, ordinance, law, or regulation.
SECTION XXII. SEVERABILITY
In case any term of this Agreement shall be held invalid, illegal, or unenforceable
in whole or in part, neither the validity of the remaining part of such term nor the
validity of the remaining terms of this Agreement shall in any way be affected
thereby.
IN WITNESS WHEREOF, each of the parties hereto has executed this Light Rail
Transit Way Agreement by having its authorized representative affix his/her
name in the appropriate space below.
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GA 0046179-187
SOUND TRANSIT
CITY OF KENT XX
By:
Peter M. Rogoff, Chief Executive
Officer
Date:
By:
Date:
Authorized by Motion XX on XX Authorized by Resolution No.
Approved as to form:
By: ___________________________
Stephen G. Sheehy,
Senior Legal Counsel
Approved as to form:
By: ________________________
Tom BrubakerArthur “Pat” Fitzpatrick
City Attorney
Exhibit A: General Description of Light Rail Alignment and Station Location(s)
Exhibit B: Graphic Representation of Light Rail Alignment and Station
Location(s)
Exhibit C: Federal Way Link Extension Plans and Profiles
Exhibit D; Track Access Procedures (June 15, 2015)
Exhibit E: Sound Transit Board Resolution 2017-02 and subsequent approved
permits and agreements
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EXHIBIT A:
GENERAL DESCRIPTION OF LIGHT RAIL ALIGNMENT AND STATION
LOCATION
General Description of Federal Way Link Extension Alignment and Station
Location in Kent
Route: Approximately 2.5 miles from the northern City limits at Kent Des Moines
Road in an elevated structure through 30th Ave S and the proposed Kent Des
Moines Transit Center, and then in combination of retained fill, at-grade, and
elevated structure to the existing Star Lake Park and Ride / proposed S. 272nd
StreetStar Lake Station and elevated structure to the southern City limits on the
south side of S 272nd Street.
Stations:
Elevated south of Kent-Des Moines Road and west of 30th Ave S.
Elevated west of the existing Interstate 5 off-ramp and north of S 272nd Street at
the existing Star Lake Park and Ride.
Formatted: Superscript
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EXHIBIT B
LIGHT RAIL ALIGNMENT AND STATION LOCATIONS
(REVIEWERS: Please reference associated PDF entitled: AE 0044-12 City of
Kent Transit Way Template Agreement Exhibit B: Light Rail Alignment and
Station Locations).
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EXHIBIT C
PLAN AND PROFILE
(REVIEWERS: Please reference associated PDF entitled: AE 0044-12 City of
Kent Transit Way Agreement Exhibit C Plan and Profile).
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EXHIBIT D
TRACK ACCESS PROCEDURES
(REVIEWERS: Please reference associated PDF entitled: AE 0044-12 City of
Kent Transit Way Agreement Exhibit D Track Access Procedures).
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ECONOMIC AND COMMUNITY DEVELOPMENT COMMITTEE
Kurt Hanson, Economic and Community Development Director
220 Fourth Avenue S,
Kent, WA 98032
253-856-5454
DATE: June 11, 2018
TO: Economic and Community Development Committee
SUBJECT: Infraction Ordinance - Recommend
MOTION: Recommend that the City Council adopt the civil infractions
ordinance as presented by staff.
SUMMARY: The ECD Code Enforcement office and Law Department propose to
streamline the code enforcement process through the use of civil infractions, which
are similar to traffic tickets.
In 2016, ECD improved follow-through on complaints and found efficiencies in the
Code Enforcement process. The increased follow-through has brought increased
demand on staff time and called attention to the amount of documentation our
current process requires. A more streamlined approach would allow for better, more
efficient use of staff resources, which are in high-demand.
Currently, in order to assess fines for civil code violations, staff must prepare
detailed and customized notification documents. These documents are prepared for
about sixty percent of all code enforcement cases, requiring Code Enforcement
officers to spend about half of their time in the office. Staff attorneys review each
document for accuracy, which requires a major time commitment. In addition to
being labor-intensive, the current process creates a series of deadlines, stretching
the time to compliance. Each month, a handful of unresolved cases are reviewed in
a special meeting of the City’s Hearing Examiner, at the City’s expense.
Many cities use civil infractions as their primary means of assessing penalties, a
less labor-intensive process. Civil infractions are allowed by the state for non-
criminal violations of a local ordinance and are patterned after the traffic infraction
system. Civil infractions are reviewed and enforced in municipal court, with a
maximum fine of $250 per infraction.
Civil infractions are currently authorized in several chapters of Kent City Code, but
ECD and Legal staff propose adding civil infraction authority to the remaining
chapters: chapter 8 (health & sanitation), chapter 13 (fire prevention), chapter 14
(buildings & construction) and chapter 15 (zoning).
Initially, we propose to use civil infractions only for those types of code violations
currently enforced by ECD, such as public nuisance, building and zoning violations.
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ECD will continue to send courtesy warning letters to property owners and tenants
prompting them to correct violations before a citation is issued. We expect the
infraction process to result in faster compliance with less staff time required to
resolve each complaint.
EXHIBITS: Draft Ordinance
SUPPORTS STRATEGIC PLAN GOAL:
Innovation Government, Thriving Neighborhoods and Urban Centers
ATTACHMENTS:
1. Infractions Ordinance_6-11ECDC (PDF)
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1 Amend Kent City Code -
Code Enforcement Penalties
ORDINANCE NO.
AN ORDINANCE of the City Council of the
City of Kent, Washington, amending the following
provisions of the Kent City Code (KCC) to allow for
civil infractions as an enforcement tool in code
enforcement matters, in addition to other existing
civil and criminal penalties, and to clarify when and
what level of criminal charges may be brought for
violations of the KCC: Chapter 1.04 KCC, KCC
8.01.050, KCC 8.04.190, KCC 8.07.080, KCC
8.08.060, KCC 13.02.090, KCC 14.08.240, and
KCC 15.10.070.
RECITALS
A. Chapter 1.04 of the Kent City Code establishes a system for
enforcing city regulations. The purpose of the code enforcement chapter is
to provide a system where violations will be promptly resolved while
providing both appropriate penalties and a full opportunity for alleged
violators to have a hearing to contest the violations.
B. Currently, the system established by Chapter 1.04 of the Kent
City Code allows for two primary enforcement mechanisms – a civil action
before the City’s hearing examiner and a criminal misdemeanor action in
Kent Municipal Court. While the criminal misdemeanor process can be
effective for certain types of major violations, there are many less severe
cases where filing criminal charges is not appropriate. The civil process
involves extensive paperwork and does not allow for prompt and expedient
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2 Amend Kent City Code -
Code Enforcement Penalties
resolution of code violations. Both existing processes use significant staff
resources.
C. Code enforcement matters have steadily increased over the
last few years, growing from 93 active cases in 2014 to 544 active cases in
2017. Given the steady increase in code enforcement cases, it is critical to
adopt a new enforcement tool that allows for prompt resolution while
preserving staff resources.
D. This ordinance amends Chapter 1.04 of the Kent City Code, as
well as several other sections of the code that contemplate penalties for
violations, to add civil infractions as an available enforcement mechanism
where the existing enforcement tools are not a good fit for the violation.
This ordinance does not repeal the other enforcement options and leaves
them in place and unaffected by this amending ordinance.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
ORDINANCE
SECTION 1. – Amendment – KCC 1.04.030. Section 1.04.030 of the
Kent City Code, entitled “Violation unlawful—Each day is separate
violation—Misdemeanor,” is amended as follows:
Sec. 1.04.030. Violation unlawful – Each day is separate
violation – MisdemeanorCriminal Offense.
A. Separate Violations. The violation of any regulation shall be
unlawful. A violation continues to exist until abated to the satisfaction of
the City, with Eeach day, or portion thereof, in which the violation
continues constitutinges a separate offense subjecting the person
responsible for the violation to the civil and criminal penalties provided for
in this chapter. for which separate notices of violation may be issued.
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3 Amend Kent City Code -
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B. MisdemeanorCriminal Offense. In addition to other penalties
provided for by this chapter, a person who: any violation of this chapter
shall constitute a misdemeanor; and the city attorney, or the city
attorney’s designee, shall, at his or her discretion, have authority to file a
violation as either a civil violation pursuant to this chapter, or as a criminal
misdemeanor punishable by imprisonment in jail for a maximum term
fixed by the court of not more than ninety (90) days, or by a fine in an
amount fixed by the court of not more than one thousand dollars ($1,000),
or by both such imprisonment and fine. All criminal misdemeanor charges
filed under this chapter shall be filed with the Kent municipal court. When
the city files criminal misdemeanor charges pursuant to this chapter, the
city shall have the burden of proving, beyond a reasonable doubt, that the
violation occurred.
1. Negligently violates a provision of the Kent City Code is guilty
of a misdemeanor, punishable by up to the maximum penalty established
in RCW 9A.20.021(3) as now enacted or hereafter amended; or who
2. Knowingly violates a provision of the Kent City Code, or
commits a repeated violation of the Kent City Code, is guilty of a gross
misdemeanor, punishable by up to the maximum penalty established in
RCW 9A.20.021(2), as now enacted or hereafter amended.
a. For purposes of this section repeated violation means,
as evidenced by either a prior committed finding by the Kent Municipal
Court of an infraction issued under this Chapter, or a committed finding by
operation of law under KCC 1.04.130, that a violation of the Kent City
Code has occurred on the same property or that a person responsible for
the violation has committed a violation of the Kent City Code elsewhere
within the city of Kent. To constitute a “repeat violation,” the violation
need not be the same violation as the prior violation.
3. If a person is found guilty of a criminal offense as provided for
in this subsection (B), or pleads guilty to another offense on
recommendation of the prosecutor, the court shall order the defendant pay
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4 Amend Kent City Code -
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restitution to the city of Kent, or any other victim of the offense, for the
total suffered loss or damage by reason of the commission of the crime.
SECTION 2. – Amendment – New KCC 1.04.225. Chapter 1.04 of
the Kent City Code, entitled “Code Enforcement,” is amended to add a new
section 1.04.225, entitled “Civil Infractions,” as follows:
Sec. 1.04.225. Civil Infractions.
A. In addition to, or as an alternative to any other penalty provided for
in this chapter or by law, any person who violates any provision of the
Kent City Code may be issued a class 1 civil infraction as set forth in RCW
7.80.120, as currently enacted or hereafter amended. An infraction issued
pursuant to this section shall be filed in the Kent Municipal Court and
processed in the same manner as other infractions filed in the Kent
Municipal Court.
B. Payment of a monetary penalty shall not relieve a person of the
duty to correct the violation.
SECTION 3. – Amendment – Revise KCC 8.01.050. Section
8.01.050 of the Kent City Code, entitled “Violation – Penalty,” is amended
as follows:
Sec. 8.01.050. Violation – Penalty.
A. Civil code enforcement action. Any violation of any provision of this
chapter constitutes a civil violation under Chapter 1.04 KCC for which a
monetary penalty may be assessed and abatement may be required as
provided therein. For a violation involving a chronic criminal nuisance, a
correction letter need not be issued under KCC 1.04.070 prior to the
issuance of a notice of violation and the immediate assessment of a civil
penalty under KCC 1.04.080.
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5 Amend Kent City Code -
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B. Criminal charge – Misdemeanoroffense. In addition to or as an
alternative to any other penalty provided in this chapter or by law, any
person who violates any provision of the Kent City Code may be charged
criminally, pursuant to KCC 1.04.030(B). violates any provision of this
chapter shall be guilty of a misdemeanor, punishable by imprisonment in
jail for a maximum term fixed by the court of not more than ninety (90)
days, or by a fine in an amount fixed by the court of not more than one
thousand dollars ($1,000), or by both such imprisonment and fine.
C. Civil infraction. In addition to or as an alternative to any other
penalty provided in this chapter or by law, any person who violates any
provision of this Chapter may be issued a class 1 civil infraction pursuant
to RCW 7.80.120, as currently enacted or hereafter amended, and KCC
1.04.225.
DC. Abatement proceedings. As an alternative to any other penalty
provided in this chapter, abatement proceedings may be instituted under
RCW Title 7.
ED. Repeat violation or failure to abate – Criminal misdemeanor charge
– Chronic criminal nuisance. For the purpose of filing criminal charges
under KCC 1.04.220 for a subsequent violation after a prior violation is
deemed committed, the subsequent violation for a chronic criminal
nuisance must occur within one hundred eighty (180) days from the date
the prior violation was deemed committed. For a chronic criminal nuisance,
a subsequent violation is a single occurrence of criminal conduct.
SECTION 4. – Amendment – Revise KCC 8.04.190. Section
8.04.190 of the Kent City Code entitled “Violation – Penalty” is amended as
follows:
Sec. 8.04.190 Violation – Penalty.
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6 Amend Kent City Code -
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A. Every person, entity, or corporation violating or failing to comply
with any of the provisions of this chapter shall be subject to a civil penalty,
deemed to be an infraction, in the amount of one hundred dollars ($100)
for each such violation. Each day the violation exists shall be considered a
separate violation.Civil code enforcement action. Any violation of any
provision of this chapter constitutes a civil violation under Chapter 1.04
KCC for which a monetary penalty may be assessed and abatement may
be required as provided therein.
B. Criminal offense. In addition to or as an alternative to any
other penalty provided in this chapter or by law, any person who violates
any provision of this chapter may be charged criminally, pursuant to KCC
1.04.030(B).shall be guilty of a misdemeanor pursuant to KCC 1.01.140.
C. Civil Infraction. In addition to or as an alternative to any other
penalty provided in this chapter or by law, any person who violates any
provision of this chapter may be issued a class 1 civil infraction pursuant to
RCW 7.80.120, as currently enacted or hereafter amended, and KCC
1.04.225.
SECTION 5. – Amendment – Revise KCC 8.07.080. Section
8.07.080 of the Kent City Code entitled “Violation – Penalty” is amended as
follows:
Sec. 8.07.080 Violation – Penalty.
A. Civil code enforcement action. Any violation of any provision of this
chapter constitutes a civil violation under Ch. 1.04 KCC for which a
monetary penalty may be assessed and abatement may be required as
provided therein.
B. Criminal offense. In addition to or as an alternative to any other
penalty provided in this chapter or by law, any person who violates any
provision of the Kent City Code may be charged criminally, pursuant to
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7 Amend Kent City Code -
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KCC 1.04.030(B)this chapter shall be guilty of a misdemeanor pursuant to
KCC 1.01.140.
C. Civil Infraction. In addition to or as an alternative to any other
penalty provided in this chapter or by law, any person who violates any
provision of this Chapter may be issued a class 1 civil infraction pursuant
to RCW 7.80.120, as currently enacted or hereafter amended, and KCC
1.04.225.
SECTION 6. – Amendment – Revise KCC 8.08.060. Section
8.08.060 of the Kent City Code entitled “Violation – Penalty” is amended as
follows:
Sec. 8.08.060 Violation – Penalty.
A. Civil code enforcement action. Any violation of any provision of this
chapter is a civil violation as provided for in Ch. 1.04 KCC, for which a
monetary penalty may be assessed and abatement may be required as
provided therein.
B. Criminal offense. In addition to or as an alternative to any other
penalty provided in this chapter or by law, any person who violates any
provision of this chapterthe Kent City Code, shall be guilty of a
misdemeanor pursuant to KCC 1.01.140 may be charged criminally,
pursuant to KCC 1.04.030(B).
C. Civil Infraction. In addition to or as an alternative to any other
penalty provided in this chapter or by law, any person who violates any
provision of this Chapter may be issued a class 1 civil infraction pursuant
to RCW 7.80.120, as currently enacted or hereafter amended, and KCC
1.04.225.
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8 Amend Kent City Code -
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SECTION 7. – Amendment – Revise KCC 13.02.090. Section
13.02.090 of the Kent City Code entitled “Violation – Penalty” is amended
as follows:
Sec. 13.02.090. Violation – Penalty.
A. Civil code enforcement action. Any Vviolation of any provision of this
title constitutes a civil violation under Ch. 1.04 KCC for which a monetary
penalty may be assessed and abatement may be required and/or
otherwise enforced as provided therein.
B. Criminal offense. In addition to or as an alternative to any other
enforcement procedure or penalty provided in this chapter, a violation of
any provision of this chapter or a code enforced by this chapter shall
constitute a misdemeanor pursuant to Ch. 1.04 KCC or by law, any person
who violates any provision of the Kent City Code may be charged
criminally, pursuant to KCC 1.04.030(B).
C. Civil Infraction. In addition to or as an alternative to any other
penalty provided in this chapter or by law, any person who violates any
provision of this Chapter may be issued a class 1 civil infraction pursuant
to RCW 7.80.120, as currently enacted or hereafter amended, and KCC
1.04.225.
CD. Separate offense. Each day, or portion thereof, that a violation
continues to exist shall be considered a separate offense.
SECTION 8. – Amendment – Revise KCC 14.08.240. Section
14.08.240 of the Kent City Code entitled “Violation – Penalty” is amended
as follows:
Sec. 14.08.240. Violation – Penalty.
A. Civil code enforcement action. Any violation of any provision of a
building code enforced under this chapter constitutes a civil violation under
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9 Amend Kent City Code -
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Ch. 1.04 KCC for which a monetary penalty may be assessed and
abatement may be required and/or otherwise enforced as provided
therein.
B. Criminal offense. In addition to or as an alternative to any other
enforcement procedure or penalty in this chapter,provided in this chapter
or by law, any person who violates any provision of the Kent City Code
may be charged criminally, pursuant to KCC 1.04.030(B). a violation of
any provision of this chapter or a code enforced by this chapter shall
constitute a misdemeanor punishable by imprisonment in jail for a
maximum term fixed by the court of not more than ninety (90) days, or by
a fine in an amount fixed by the court of not more than one thousand
dollars ($1,000), or by both such imprisonment and fine. All misdemeanor
charges filed under this title shall be filed with the Kent municipal court
and shall bear the signature of the Kent city attorney or his or her
designee. When the city files a criminal offense pursuant to this
subsection, it shall have the burden of proving, beyond a reasonable
doubt, that the violation occurred.
C. Civil Infraction. In addition to or as an alternative to any other
penalty provided in this chapter or by law, any person who violates any
provision of this Chapter may be issued a class 1 civil infraction pursuant
to RCW 7.80.120, as currently enacted or hereafter amended, and KCC
1.04.225.
D. Each day that anyone shall continue to violate or fail to comply with
any of the foregoing provisions shall be considered a separate offense.
SECTION 9. – Amendment – Revise KCC 15.10.070. Section
15.10.070 of the Kent City Code entitled “Violation – Penalty” is amended
as follows:
Sec. 15.10.070 Violation – Penalty.
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10 Amend Kent City Code -
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A. Civil code enforcement action. Any violation of any provision of this
chapter constitutes a civil violation under Ch. 1.04 KCC for which a
monetary penalty may be assessed and abatement may be required as
provided therein.
B. Criminal offense. In addition to or as an alternative to any other
penalty provided in this chapter or by law, any person who violates any
provision of the Kent City Code may be charged criminally, pursuant to
KCC 1.04.030(B). violating or failing to comply with any of the provisions
of this chapter shall be guilty of a misdemeanor and, upon conviction
thereof, shall be punishable in accordance with the provisions of KCC
1.01.140 relating to criminal penalties for misdemeanors.
C. Civil Infraction. In addition to or as an alternative to any other
penalty provided in this chapter or by law, any person who violates any
provision of this Chapter may be issued a class 1 civil infraction pursuant
to RCW 7.80.120, as currently enacted or hereafter amended, and KCC
1.04.225.
SECTION 10. – Severability. If any one or more section,
subsection, or sentence of this ordinance is held to be unconstitutional or
invalid, such decision shall not affect the validity of the remaining portion
of this ordinance and the same shall remain in full force and effect.
SECTION 11. – 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.
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11 Amend Kent City Code -
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SECTION 12. – Effective Date. This ordinance shall take effect and
be in force thirty days from and after its passage as provided by law.
DANA RALPH, MAYOR Date Approved
ATTEST:
KIMBERLY A. KOMOTO, CITY CLERK Date Adopted
Date Published
APPROVED AS TO FORM:
ARTHUR “PAT” FITZPATRICK, CITY ATTORNEY
P:\Civil\Ordinance\03.28.18_Code Enforcement Infractions.docx
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