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HomeMy WebLinkAboutCity Council Committees - Economic and Community Development Committee - 07/09/2018 (2) Unless otherwise noted, the Economic and Community Development Committee 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 Rel ay Service at 7-1-1. Economic and Community Development Committee Agenda Chair - Bill Boyce - Satwinder Kaur, Councilmember, Marli Larimer, Councilmember Kurt Hanson, Economic and Community Development Director Monday, July 9, 2018 5:00 p.m. Item Description Action Speaker Time 1. Call to Order Chair 01 MIN. 2. Roll Call Chair 01 MIN. 3. Changes to the Agenda Chair 01 MIN. 4. Update on Economic Development Activities NO Bill Ellis 05 MIN. 5. Approval of June 11, 2018 Minutes YES Chair 05 MIN. 6. Reappoint Randall Smith to Public Facilities District Board YES Kurt Hanson 05 MIN. 7. Urban Separators Alternatives YES Danielle Butsick 20 MIN. 8. King County Cities Climate Collaboration (K4C) NO Danielle Butsick 10 MIN. 9. Sound Transit Access Improvements Update NO Danielle Butsick 10 MIN. 10. Economic Development Website Update NO Michelle Wilmot 05 MIN. 11. Adjournment Chair 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: July 9, 2018 TO: Economic and Community Development Committee SUBJECT: Update on Economic Development Activities SUMMARY: SUPPORTS STRATEGIC PLAN GOAL: Thriving City, Innovative Community 4 Packet Pg. 2 Page 1 of 5 Pending Approval Economic and Community Development Committee CC ECDC Regular Meeting Minutes June 11, 2018 Date: June 11, 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 Chair Boyce called the meeting to order and introduced the Council members and Secretary. 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 Kurt Hanson, Director of Economic & Community Development wishes to add a brief Director's report at the end of the meeting. Chair Boyce says this change will be allowed. 4.Approval of May 14, 2018 Minutes MOTION: Move to approve the minutes for the meeting of May 14, 2018 as submitted by Rhonda Bylin. RESULT:APPROVED [UNANIMOUS] MOVER:Toni Troutner, Councilmember SECONDER:Satwinder Kaur, Councilmember AYES:Boyce, Troutner, Kaur 5.Economic Development Update - Information Only Bill Ellis provided update on Economic Development Team activities since the last meeting. 1. Food truck pilot launched at June 2nd Kent Farmers Market, and June Sixth at Town Square Plaza, is generating positive social media response. 2. Bill Attended the NAOIP Breakfast meeting as a featured speaker and got to discuss the Kent Valley to a group of 200+ developers as a place to do 5 Packet Pg. 3 Mi n u t e s A c c e p t a n c e : M i n u t e s o f J u n 1 1 , 2 0 1 8 5 : 0 0 P M ( O P E N S E S S I O N ) Economic and Community Development Committee CC ECDC Regular Meeting Minutes June 11, 2018 Kent, Washington Page 2 of 5 business, and not just the types of business people usually associate with the valley. 3. As a Founding sponsor of the CAMPS group, ECD Staff attended the annual conference in Bellevue where Dana Ralph was scheduled to speak, Bill was able to make a number of new connections which he has good follow on since the event. Membership in the group has increased from 162 to over 200 since last year. 4. KDP Auction Dinner featured the Lunar Rover Commemoration as its fund a need item. It also featured Mike Lombardi, Kent Resident and Beoing Archivist and Historian who spoke about the Lunar rover and a number of other amazing things that have been made in Kent. 12,700 was raised to help fund that project. Bill met the CEO of the Robbins Co., based in Kent, which manufactures tunneling equipment, most famously the equipment that completed the Chunnel Project between London and France. 5.ECD has committed to sponsorship of the NewSpace conference, to be held in September at the Renton Hyatt Regency, featuring speakers from Blue Origin providing multiple opportunities to showcase Kent as a hub new space manufacturing. Washington First Robotics, also a sponsor and also based in Kent, will highlight local efforts to develop the skilled workforce to serve the industry. 6. A Round table breakfast held at AJAC (Aerospace Joint Apprenticeship Committee) for regional employers was another effort to get the word out about the areas work force development efforts. 7. Staff will be pursuing its 3rd grant from the Port of Seattle for Economic Development efforts, which for a city of Kent's size would be 65K requiring only a 32.5k match from the city. That grant had been used in the past to fund the kitchen build at Feast. Chair Boyce expressed appreciation that ECD staff efforts aligned very well with strategic goals. Then he asked when Sonic was opening, which Bill didn't know. 6.Malik Ridge Neighborhood Council Resolution Malik Ridge is a newer community with only 11 homes, just east of Kent Kangley and 132nd, but they are excited to participate and foster community among their neighbors. Council represented by Leisha Richards President and Parnish Singh Vice President. 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. 5 Packet Pg. 4 Mi n u t e s A c c e p t a n c e : M i n u t e s o f J u n 1 1 , 2 0 1 8 5 : 0 0 P M ( O P E N S E S S I O N ) Economic and Community Development Committee CC ECDC Regular Meeting Minutes June 11, 2018 Kent, Washington Page 3 of 5 RESULT:APPROVED [UNANIMOUS] MOVER:Satwinder Kaur, Councilmember SECONDER:Toni Troutner, Councilmember AYES:Boyce, Troutner, Kaur 7.North Scenic Hill Neighborhood Council Resolution Large Community of 174 homes, the area encompasses Cemetery, a park and the senior Center. Had an active association previously for about 8 years, but it kind of faded out. Fran McNet and Tim Betzel, president and vice president respectively, are planning a big neighborhood event for National Night Out in August. 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. RESULT:APPROVED [UNANIMOUS] MOVER:Toni Troutner, Satwinder Kaur AYES:Boyce, Troutner, Kaur 8.Ordinance Amending the Comprehensive Plan Land Use Map - Recommend Three Comprehensive Plan Amendments are recommended by staff for the council to approve: 1. 2017-4 - 2 tax parcels totalling .59 acres rezoned from SR-8 to MU. Located south of Canyon Drive and West of 100th Place SE, are adjacent to parcels designated MU and also Medium density multifamily on other side. Low impact change to encourage development. 2. 2017-5 - 9 parcels totalling 9.3 acres in size, currently zoned SR-8, located North of Kent Kangely and west of 116th Ave SE. Located on a major arterial, but with a variety of buildings and uses, but previous concerns about wetlands, and property owner buy in have been eased by new information that wetlands were not as extensive as previously thought, and property owners who were not on board with the proposed change were actually deceased. Recommend changing to Medium Density Multifamily. 3. 2017-6 - 1 2.3 acre tax parcel which already has two zoning designations on it, located next to a transit facility along the southern boundary of Kent's West Hill. Southern Half of the property is MU and the Northern half is MDMF. Recommend zoning whole to MU to create a more attractive investment given the constraints of the property. Increase in setback from Commercial to residential addresses neighbors concerns about a buffer between residential and commercial use. 5 Packet Pg. 5 Mi n u t e s A c c e p t a n c e : M i n u t e s o f J u n 1 1 , 2 0 1 8 5 : 0 0 P M ( O P E N S E S S I O N ) Economic and Community Development Committee CC ECDC Regular Meeting Minutes June 11, 2018 Kent, Washington Page 4 of 5 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. RESULT:RECOMMENDED TO COUNCIL [UNANIMOUS] MOVER:Satwinder Kaur, Councilmember SECONDER:Toni Troutner, Councilmember AYES:Boyce, Troutner, Kaur 9.Sound Transit Agreements - Information Only Information Only Item, full agreements presented to Council most likely in August. Highlights are: 1. ST has agreed to city's request for pavement restoration in impacted areas. 2.ST has agreed to a conceptual design for storm water management at the KDM and S. 272nd Stations, on ST surplus property, for both the current needs and acknowledging the city's interest in capacity to serve future development. Open to explore partnership in that effort. 3. ST to provide Utility stub-outs for future development if the city can provide detailed scope of work and evidence of utility provider buy-in. 4. Wrestling for control of Master Design Plan for surplus properties within the city. 5. Advanced Design concept only currently available for the canopy portion of the stations, which is a little disappointing. 10.Infraction Ordinance - Recommend Matt Gilbert briefly summarizes the benefits of moving to infractions, and Ify Monu, assistant city attorney, speaks to the capacity of the municipal court to handle them. While the precise load is not known at this point, they do have the ability to add capacity with Pro-tem judges should the burden be greater than anticipated. It is hoped that a speedier process and actual court before a judge, may reduce the recidivism rate among property code violators. MOTION: Recommend that the City Council adopt the civil infractions ordinance as presented by staff. 5 Packet Pg. 6 Mi n u t e s A c c e p t a n c e : M i n u t e s o f J u n 1 1 , 2 0 1 8 5 : 0 0 P M ( O P E N S E S S I O N ) Economic and Community Development Committee CC ECDC Regular Meeting Minutes June 11, 2018 Kent, Washington Page 5 of 5 RESULT:RECOMMENDED TO COUNCIL [UNANIMOUS] MOVER:Toni Troutner, Councilmember SECONDER:Satwinder Kaur, Councilmember AYES:Boyce, Troutner, Kaur 11.Directors Report presented by Kurt Hanson Kurt delivered some breaking news regarding the city owned property located at 412 West Titus across from the Police Station. The lot currently contains a small single story home which is in disrepair and has begun to cause a few problems with animals and transient activity, leading to the decision to demolish the house as soon as it can be arranged. Due diligence will be done but the job is not thought to be complicated by tanks or anything else unusual or unusually costly. The home will be removed and the lot seeded as future plans are not determined. Kurt will report back with hard numbers when they are available, either here or directly to the Council. 12.Adjournment 5:50 PM Committee Secretary 5 Packet Pg. 7 Mi n u t e s A c c e p t a n c e : M i n u t e s o f J u n 1 1 , 2 0 1 8 5 : 0 0 P M ( O P E N S E S S I O N ) ECONOMIC AND COMMUNITY DEVELOPMENT COMMITTEE Kurt Hanson, Economic and Community Development Director 220 Fourth Avenue S, Kent, WA 98032 253-856-5454 DATE: July 9, 2018 TO: Economic and Community Development Committee SUBJECT: Reappoint Randall Smith to the Public Facilities District Board - Recommend MOTION: Recommend the Council reappoint Randall Smith to Position Number 3 of the Public Facilities District Board, for a 4-year term that will expire on August 31, 2022. SUMMARY: In May of 2018, Randall Smith expressed his desire to continue serving on the Public Facilities District board. RCW 35.57.010 requires that the members appointed must be based on recommendations received from local organizations that may include, but are not limited to the local chamber of commerce, local economic development council, and the local labor council. The City Clerk reached out to both the Kent Chamber of Commerce and Kent Downtown Partnership for recommendations. The Kent Downtown Partnership has recommended Randall Smith be reappointed to an additional 4-year term that will be effective September 1, 2018 and expire on August 31, 2022. BUDGET IMPACT: None SUPPORTS STRATEGIC PLAN GOAL: Thriving City, Evolving Infrastructure RECOMMENDED BY: Kurt Hanson 6 Packet Pg. 8 ECONOMIC AND COMMUNITY DEVELOPMENT COMMITTEE Kurt Hanson, Economic and Community Development Director 220 Fourth Avenue S, Kent, WA 98032 253-856-5454 DATE: July 9, 2018 TO: Economic and Community Development Committee SUBJECT: Urban Separators Alternatives MOTION: Recommend to the full City Council: (option 1) no action regarding Urban Separators, as recommended by the Land Use and Planning Board. (option 2) amend the land use plan map and zoning designations for a portion of the urban separator area west of Panther Lake along 108th Avenue SE, as drafted in “Alternative 2 Draft Ordinance”. (option 3) amend clustering requirements and allowed uses in urban separators and the SR-1 zoning district, as drafted in “Alternative 3 Draft Ordinance” and as recommended by staff. SUMMARY: The City received requests from property owners during the 2014 and 2015 comprehensive plan amendment docket process to consider changes to zoning or allowed development density of Urban Separator parcels. City Council approved the addition of an Urban Separators analysis to the department’s work plan starting in 2017. Staff completed an inventory and characterization report of existing Urban Separators parcels, a consistency review to assess relevant policies, and conducted public outreach in a variety of formats and venues. Based on the results of the public outreach process and consistent with Kent’s comprehensive plan policies, staff has developed three policy alternatives: 1) no changes; 2) amend land use plan map and zoning designations for a portion of the urban separator area west of Panther Lake along 108th Avenue SE; and 3) amend clustering requirements and allowed uses in urban separators and the SR-1 zoning district. Staff recommends Alternative 3, amend clustering requirements and allowed uses in urban separators and the SR-1 zoning district. A public hearing was held on June 25, 2018, and the Land Use and Planning Board recommended Alternative 1, take no action. BACKGROUND: Kent’s comprehensive plan and King County Countywide Planning Policies designate certain areas in the city as Urban Separators. These areas are 7 Packet Pg. 9 intended to create visual definition within and between urban areas, buffer rural or resource lands, preserve open space and opportunities for recreation, and connect wildlife and critical area corridors. This designation effectively limits development on these parcels to one residential unit per acre, as Kent’s comprehensive plan policies require all Urban Separators to be zoned SR-1, the lowest density allowed under Kent’s zoning code. Subdivisions in urban separators must be “clustered”; among other requirements, this means that 50% of the unconstrained portion of the parcel must be set aside as permanent open space. City council directed staff to comprehensively review the urban separator designation and evaluate its continued relevance in Kent. The three alternatives presented by staff are informed by comments received during one-on-one interviews, two public open houses, and a public hearing, as well as the results from an online public survey. The alternatives include 1) a no action alternative (no changes), 2) amendments to the land use plan map and zoning designations for 8 parcels (6623400339, 6623400340, 6623400350, 6623400351, 6623400352, 6623400353, 6623400354, and 6623400355) in the westernmost portion of the Panther Lake urban separator, and 3) amendments to the use tables and clustering requirements for urban separators and SR-1 zoning district. Staff recommends Alternative 3 for the following reasons: 1) The 2012 King County Countywide Planning Policies (CPPs), ratified by the City of Kent February 19, 2013, contain policies to establish urban separators. The eastern portion of Kent’s urban separator lands, along Soos Creek and Panther Lake, are designated as urban separators in the King County CPPs. Any zoning or land use plan map changes to these areas would be inconsistent with the CPPs. 2) In 2017, city staff completed an Inventory and Characterization Report, and a Consistency Review Report for urban separators. These reports document critical areas, existing development conditions, and development capacity in Kent’s urban separators, and compare these characteristics to existing local, regional, and state policies pertaining to urban separators. The reports concluded that all existing urban separator focus areas serve the intended purpose of urban separators to some degree, as defined in Kent’s 2015 comprehensive plan and/or the 2012 King County Countywide Planning Policies. 3) King County’s 2014 Buildable Lands analysis and Kent’s 2015 development capacity analysis demonstrate that Kent has sufficient vacant and redevelopable land to accommodate its population growth targets through 2035. Per the criteria established in KCC 12.02.050, circumstances have not changed, and no additional information has become available, such that additional density is warranted in urban separator lands. Therefore there is no demonstrated need to amend land use plan map designations for urban separator lands to allow higher-density zoning. 7 Packet Pg. 10 4) Overwhelmingly, public opinion indicated a preference to retain urban separators as they are and to promote the use of incentive programs to support preservation of open space and natural beneficial functions on private property. However, Policy LU-7.1 in Kent’s 2015 comprehensive plan states that the city will “ensure residential development achieves a substantial portion of the allowable maximum density on the net buildable acreage.” Only a single cluster subdivision has been completed in Kent since clustering requirements for urban separators were established in 2001. Staff believes Alternative 3 helps achieve this policy goal by removing overly burdensome requirements without compromising the intent of the urban separator designation. 5) The City of Auburn, the City of Renton, and unincorporated King County also require cluster subdivisions within urban separator lands, but with less stringent requirements for open space set-asides. These jurisdictions require 50% of the entire parcel to be set aside as open space; critical areas may be included in the 50% set-aside. Alternative 3 would establish clustering requirements that are more consistent with those of Kent’s neighboring jurisdictions. BUDGET IMPACT: None SUPPORTS STRATEGIC PLAN GOAL: Thriving City, Evolving Infrastructure, Innovative Government, Sustainable Services ATTACHMENTS: 1. UrbanSeparators_Alternatives_07-09-2018 (PDF) 2. ZCA-2016-2_UrbanSeparators_ENV_Decision (PDF) 3. SEPAChecklistUrbanSeparators_FinalSigned (PDF) 4. 2182087_ENV-2018-5_DNS signed (PDF) 5. Comments_Compiled_06-25-2018 (PDF) 6. Urban Separators_Alternative 2_Draft Ordinance (PDF) 7. UrbanSeparators_Alternative 2_DraftOrdinance_ExhibitA (PDF) 8. UrbanSeparators_Alternative 2_DraftOrdinance_ExhibitB (PDF) 9. Urban Separators_Alternative 3_Draft Ordinance (PDF) 7 Packet Pg. 11 Urban Separators Proposed Alternatives LUPB Hearing –June 25, 2018 7.a Packet Pg. 12 At t a c h m e n t : U r b a n S e p a r a t o r s _ A l t e r n a t i v e s _ 0 7 - 0 9 - 2 0 1 8 ( 1 2 9 4 A land use designation in the City’s comprehensive plan meant to: •Preserve open space •Connect wildlife corridors •Protect natural and resource areas (steep slopes, wetlands, agriculture/forest) It does this through ZONING. Urban Separators Overview 7.a Packet Pg. 13 At t a c h m e n t : U r b a n S e p a r a t o r s _ A l t e r n a t i v e s _ 0 7 - 0 9 - 2 0 1 8 ( 1 2 9 4 7.a Packet Pg. 14 At t a c h m e n t : U r b a n S e p a r a t o r s _ A l t e r n a t i v e s _ 0 7 - 0 9 - 2 0 1 8 ( 1 2 9 4 Zoning in Urban Separators: Urban Separators in Kent are all zoned “SR-1”. •One single family house per acre (overall density) •Requires “clustering” when subdivided 7.a Packet Pg. 15 At t a c h m e n t : U r b a n S e p a r a t o r s _ A l t e r n a t i v e s _ 0 7 - 0 9 - 2 0 1 8 ( 1 2 9 4 Cluster Subdivisions: •Concentrates new development on a portion of the property •Leaves at least 50% open space (half developable + undevelopable areas) •Small minimum lot size –2,500 square feet •Requires groups of 8 with 120ft. in between 7.a Packet Pg. 16 At t a c h m e n t : U r b a n S e p a r a t o r s _ A l t e r n a t i v e s _ 0 7 - 0 9 - 2 0 1 8 ( 1 2 9 4 Urban Separator Project: What is the best use for Kent’s urban separators? •City council was asked to consider changing the rules so that property owners can build more houses than is currently allowed. •The whole region needs more housing, but urban separators also provide important environmental benefits. •Any changes have to work with other city, state, county, and regional policies. 7.a Packet Pg. 17 At t a c h m e n t : U r b a n S e p a r a t o r s _ A l t e r n a t i v e s _ 0 7 - 0 9 - 2 0 1 8 ( 1 2 9 4 Outreach: •1:1 Interviews –13 Interviews/Comments •Open Houses (2) –85+ participants •Public Hearing –33 attendees; 15 verbal testimony; 28 written comments •Online Survey –281 respondents 7.a Packet Pg. 18 At t a c h m e n t : U r b a n S e p a r a t o r s _ A l t e r n a t i v e s _ 0 7 - 0 9 - 2 0 1 8 ( 1 2 9 4 Alternative #1 (LUPB Recommendation) •No Action. Preferred option in outreach. No plan, code, or CPP amendments needed. 7.a Packet Pg. 19 At t a c h m e n t : U r b a n S e p a r a t o r s _ A l t e r n a t i v e s _ 0 7 - 0 9 - 2 0 1 8 ( 1 2 9 4 Alternative #2 •Amend Land Use and Zoning Designations for a portion of the Panther Lake urban separator New information since 2015 comp plan: no direct connection to Renton’s urban separators Not clear that it will result in long-term benefits or is in the best interest of the community Not consistent with other policies of the comp plan re: transportation, land use Buildable Lands Study, 2014 shows sufficient capacity to meet growth targets through 2031 7.a Packet Pg. 20 At t a c h m e n t : U r b a n S e p a r a t o r s _ A l t e r n a t i v e s _ 0 7 - 0 9 - 2 0 1 8 ( 1 2 9 4 Alternative #2 = Panther Lake Urban Separator = Docket Parcels 7.a Packet Pg. 21 At t a c h m e n t : U r b a n S e p a r a t o r s _ A l t e r n a t i v e s _ 0 7 - 0 9 - 2 0 1 8 ( 1 2 9 4 7.a Packet Pg. 22 At t a c h m e n t : U r b a n S e p a r a t o r s _ A l t e r n a t i v e s _ 0 7 - 0 9 - 2 0 1 8 ( 1 2 9 4 Alternative #3 (Staff Recommendation) •Code Amendments. 50% open space set aside from whole parcel (including critical areas/buffers) 25% of subdivision may be duplex or townhomes with ownership interest Critical areas/buffers must be put in permanent open space tract 7.a Packet Pg. 23 At t a c h m e n t : U r b a n S e p a r a t o r s _ A l t e r n a t i v e s _ 0 7 - 0 9 - 2 0 1 8 ( 1 2 9 4 For illustration purposes only. For illustration purposes only. Red = critical areas + buffers Green = 50% open space set-aside Purple = new lots (2,500 square feet) 7.a Packet Pg. 24 At t a c h m e n t : U r b a n S e p a r a t o r s _ A l t e r n a t i v e s _ 0 7 - 0 9 - 2 0 1 8 ( 1 2 9 4 A: 50% Critical Area/Buffer B: 0% Critical Area/Buffer C: 10% Critical Area/Buffer D: 90% Critical Area/Buffer Critical Area Critical Area/ Open Space Set-Aside Open Space Set-Aside Developable A A B B C C D D EXISTING REGULATIONS: ALTERNATIVE 3 AMENDMENTS: 7.a Packet Pg. 25 At t a c h m e n t : U r b a n S e p a r a t o r s _ A l t e r n a t i v e s _ 0 7 - 0 9 - 2 0 1 8 ( 1 2 9 4 Support for Alternative #3: •Straight forward process -no need for comprehensive plan or CPP amendments •Urban separators would continue to serve important environmental purposes that benefit the public as a whole •Buildable lands study shows sufficient capacity under current zoning (planned density) •Public interest in preserving designation; policy support for achieving planned density •Consistency with neighbor jurisdictions –50% open space from whole parcel 7.a Packet Pg. 26 At t a c h m e n t : U r b a n S e p a r a t o r s _ A l t e r n a t i v e s _ 0 7 - 0 9 - 2 0 1 8 ( 1 2 9 4 Next Steps: •Data gathering and reports •City staff policy ideas •Public outreach –meetings, interviews •Staff and LUPB recommendations •City Council adoption of amendments 7.a Packet Pg. 27 At t a c h m e n t : U r b a n S e p a r a t o r s _ A l t e r n a t i v e s _ 0 7 - 0 9 - 2 0 1 8 ( 1 2 9 4 ECONOMIC & COMMUNITY DEVELOPMENT Kurt Hanson, Director Phone: 253-856-5454 Fax: 253-856-6454 220 Fourth Avenue S. Kent, WA 98032-5895 ENVIRONMENTAL REVIEW REPORT Decision Document URBAN SEPARATORS ENV-2018-5, KIVA #RPSA-2182087 ZCA-2016-2, KIVA #RPP6-2160444 Erin George, AICP Responsible Official I. PROPOSAL The City of Kent has initiated a non-project environmental review for a proposal to: a) amend the land use plan map designation for 8 parcels at the northeast corner of the intersection of SE 200th Street and 108th Ave. SE from “Urban Separator” to “SF-6”, and amend the zoning designation for these 8 parcels from SR-1 to SR-6; and b) amend sections 12.04.263 Clustering in urban separators; 15.04.020 Residential land uses; and 15.04.030 Residential land use and development conditions; and add section 15.02.114.1 Duplex with ownership interest; pertaining to permitted uses, subdivision requirements, and development standards in urban separators and the SR-1 zoning district. The proposed amendments better align Kent’s cluster subdivision requirements with those of neighboring jurisdictions, allow 25% of new housing units to be duplex and townhouse, and require critical areas in cluster subdivisions to be permanently reserved in open space tracts. II. BACKGROUND INFORMATION Kent’s comprehensive plan and King County Countywide Planning Policies designate certain areas in the city as Urban Separators. These areas are intended to create visual definition within and between urban areas, buffer rural or resource lands, preserve open space and opportunities for recreation, and connect wildlife and critical area corridors. This designation effectively limits development on these parcels to one residential unit per acre, as all Urban Separators are zoned SR-1, the lowest density allowed under Kent’s zoning code. Subdivisions in urban separators must be “clustered”; among other requirements, this means that 50% of the unconstrained portion of the parcel must be set aside as permanent open space. City council directed staff to comprehensively review the urban separator designation and evaluate its continued relevance in Kent. The alternatives 7.b Packet Pg. 28 At t a c h m e n t : Z C A - 2 0 1 6 - 2 _ U r b a n S e p a r a t o r s _ E N V _ D e c i s i o n ( 1 2 9 4 : U r b a n S e p a r a t o r s A l t e r n a t i v e s ) Decision Document Urban Separators (ZCA-2016-2) ENV-2018-05 / RPSA-2182087 Page 2 of 7 presented by staff are informed by comments received during one-on-one interviews, two public open houses, and a public hearing, as well as the results from an online public survey. The alternatives include a) amendments to the land use plan map and zoning designations for the westernmost portion of the Panther Lake urban separator, and 2) amendments to the use tables and clustering requirements for urban separators and SR-1 zoning district. These alternatives may be adopted independently or jointly. Compliance with Kent's Comprehensive Plan (Ordinance 4163), the Washington State Growth Management Act (GMA), The Local Project Review Act (ESHB 1724 and ESB 6094), Kent's Construction Standards (Ordinance 3944) and Concurrency Management (Chapter 12.11, Kent City Code) will require concurrent improvements or the execution of binding agreements by the Applicant/Owner with Kent to mitigate identified environmental impacts. These improvements and/or agreements may include improvements to roadways, intersections and intersection traffic signals, stormwater detention, treatment and conveyance, utilities, sanitary sewerage and domestic water systems. Compliance with Kent's Construction Standards may require the deeding/dedication of right-of-way for identified improvements. Compliance with Title 11.03 and 11.06 of the Kent City Code may require the conveyance of Sensitive Area Tracts to the City of Kent in order to preserve trees, regulate the location and density of development based upon known physical constraints such as steep and/or unstable slopes or proximity to lakes, or to maintain or enhance water quality. Compliance with the provisions of Chapter 6.12 of the Kent City Code may require provisions for mass transit adjacent to the site. In addition to the above, Kent follows revisions to the Washington State Environmental Policy Act, Chapter 197-11 WAC (effective July 3, 2016), which implements ESHB 1724 and ESB 6094, and rules which took effect on May 10, 2014 in response to 2ESSB 6406 passed by the State Legislature in 2012. III. ENVIRONMENTAL ELEMENTS A. Earth The proposal impacts lands which have documented slopes of greater than 75%. There are many areas in Kent’s urban separators which contain identified erodible soils and landslide hazard areas. Erosion could occur as a consequence of new construction in urban separator areas, although no development is proposed at this time. Erosion risk will depend on the exact location and character of future development. All future development will be subject to Kent’s Critical Areas Ordinance (KCC 11.06), Surface Water and Drainage Code (KCC 7.07), and Landscaping Regulations (KCC 15.07), which establish requirements and procedures for minimizing erosion impacts. B. Air The proposed amendments could result in additional development beyond what is currently achievable in urban separator areas due to 7.b Packet Pg. 29 At t a c h m e n t : Z C A - 2 0 1 6 - 2 _ U r b a n S e p a r a t o r s _ E N V _ D e c i s i o n ( 1 2 9 4 : U r b a n S e p a r a t o r s A l t e r n a t i v e s ) Decision Document Urban Separators (ZCA-2016-2) ENV-2018-05 / RPSA-2182087 Page 3 of 7 changes to cluster subdivision regulations. This could result in impacts typical of residential subdivision development, including emissions from construction equipment, and additional emissions from private automobiles from new residents. These impacts would be minimal for the proposal retaining the SR-1 zoning designation, as net density would remain at 1 dwelling unit per acre. The proposed amendments (Alternative A) to the land use plan map and zoning district designations for 8 parcels in the Panther Lake urban separator (Urban Separator to SF-6, and SR-1 to SR-6) could result in greater automobile emissions impacts, as this proposal increases the allowed density on these parcels. Emissions mitigation measures should be developed specific to individual development proposals, consistent with Washington’s Air Quality Law. C. Water Surface waters are present in many locations throughout Kent’s urban separator lands. These water bodies include, but are not limited to, the Green River, Panther Lake, Soos Creek, Garrison Creek, Soosette Creek, Johnson Creek, and McSorely Creek. Many other unnamed streams and wetlands exist within Kent’s urban separators. Portions of Kent’s urban separator lands are within the FEMA-identified 100-year floodplain. All future development in urban separators is subject to the requirements of Kent’s Surface Water and Drainage Code (KCC 7.07). D. Plants and Animals According to Washington Department of Fish and Wildlife Priority Habitat and Species map, streams in Kent’s urban separator lands are habitat or breeding grounds for endangered fish species including pink salmon (during odd-numbered years), coho salmon, steelhead, Chinook salmon, bull trout, and resident coastal cutthroat trout. Inventoried bald eagle nests are also present in some locations. New development facilitated by this proposal may contribute to the overall pattern of habitat fragmentation and encroachment; however, clustering requirements in urban separators require open space corridors to remain in place in such a way that connects wildlife habitat areas. Any future development resulting from this proposal will be subject to the requirements in Kent’s Critical Areas Ordinance (KCC 11.06), which establishes standards for avoiding, minimizing, and mitigating impacts to wildlife habitat areas. E. Energy and Natural Resources New development facilitated by this proposal would require the connection of new residences to electrical, natural gas, and water resources. Per KCC 14.01.010, all new development in Kent is subject to the requirements of the International Energy Conservation Code, 2015 Edition. 7.b Packet Pg. 30 At t a c h m e n t : Z C A - 2 0 1 6 - 2 _ U r b a n S e p a r a t o r s _ E N V _ D e c i s i o n ( 1 2 9 4 : U r b a n S e p a r a t o r s A l t e r n a t i v e s ) Decision Document Urban Separators (ZCA-2016-2) ENV-2018-05 / RPSA-2182087 Page 4 of 7 F. Environmental Health Many of Kent’s urban separator lands contain inventoried critical areas and buffers. These include wetlands, steep slopes, landslide hazard areas, erodible soils, wildlife habitat areas, and seismic hazard areas. Any development resulting from this proposal will be subject to Kent’s permitting process and reviewed for compliance with Kent’s development regulations and consistency with existing plans. G. Aesthetics, Noise, Light and Glare Any new development resulting from this proposal would be single- family or duplex/townhome structures and would be subject to development standards and height maximums. It is likely to create noise, light, and glare typically associated with residential development and accompanying automobile traffic. In areas which were previously undeveloped, this could be perceived as a negative impact by neighbors. Residential areas in Kent are subject to the restrictions and maximum permissible environmental noise levels in the city’s Noise Control Ordinance (KCC 8.05), and KCC 15.08 contains performance standards prohibiting land uses which cause objectionable conditions, including direct or sky-directed glare.. H. Land and Shoreline Use This proposal would retain residential use designations for all urban separator areas; Alternative B would not amend land use or zoning district designations, while Alternative A would increase the allowed residential density from one unit per acre to six units per acre for eight parcels. Alternative A would result in a small segment of land which is zoned differently from adjacent areas, creating a “zoning island” effect. This is typically considered undesirable from a land use planning perspective. Within Kent’s urban separator shorelines, there are two types of shoreline designations as identified in Kent’s Shoreline Master Program: “Urban Conservancy – Low Intensity” (UC-LI), and “Urban Conservancy – Open Space” (UC-OS). Shorelines include those along the Green River, Panther Lake, Big Soos Creek, and Springbrook Creek. New development would be required to comply with Kent’s Shoreline Master Plan. I. Housing This proposal’s impact on the number of new housing units available is expected to be modest. Its effect will likely be at the margins and would not be expected to result in a significant contribution of additional housing units. Based on existing development in urban separators, demolition of existing housing units is likely to be minimal and result in the loss of at most one single family home per new subdivision. Existing housing in urban separator lands tends toward high-income housing, and new units will likely follow this pattern. However, 7.b Packet Pg. 31 At t a c h m e n t : Z C A - 2 0 1 6 - 2 _ U r b a n S e p a r a t o r s _ E N V _ D e c i s i o n ( 1 2 9 4 : U r b a n S e p a r a t o r s A l t e r n a t i v e s ) Decision Document Urban Separators (ZCA-2016-2) ENV-2018-05 / RPSA-2182087 Page 5 of 7 Alternative B provides for 25% of new lots/units in an SR-1 subdivision to be duplex or townhome units, which tends to be a more affordable housing type for middle income families. J. Recreation Soos Creek Park falls within Kent’s urban separator lands, as do many informal recreation opportunities within privately owned lands. New subdivisions facilitated by this proposal may displace informal recreation opportunities on developable portions of privately owned land; however, existing cluster subdivision requirements contain provisions for an open space set-aside of 50% of the developable portion of the parent parcel, which could be used by new residents for recreation. The amendments contained in this proposal call for this 50% open space set-aside to come from the entire parcel, while preserving all critical areas and buffers as open space, which could also be used for recreation purposes. K. Historic and Cultural Preservation According to the State of Washington Information System for Architectural and Archaeological Records Data (WISAARD) database, there are no inventoried historic or cultural resources in urban separator lands. Although this is a nonproject action, if archeological materials are discovered during work for any project action, the applicant must stop work and notify the State Department of Archaeology and Historical Preservation. L. Transportation The expected additional trips per day resulting from the code amendments in Alternative B would be expected to be minimal, as they do not increase the allowed net density beyond one unit per acre. Its effects on the number of housing units achieved will likely be at the margins and would not be expected to result in a significant contribution of additional housing units. The total area included in Proposal A is approximately 4.3 acres and currently contains 8 single family homes. A zoning amendment changing these four acres from 1 du/acre to 6 du/acre would allow roughly (not accounting for site constraints or design considerations) a maximum additional 16 dwelling units for a total of 24 units (4 x 6 = 24). According to the 2012 ITE Trip Generation Manual, this would add approximately 1 new PM peak trip per unit, or 16 total new PM peak trips. New subdivisions in urban separator lands facilitated by this proposal would likely require new internal roads, depending on the number and location of new lots relative to the existing road network. M. Public Services 7.b Packet Pg. 32 At t a c h m e n t : Z C A - 2 0 1 6 - 2 _ U r b a n S e p a r a t o r s _ E N V _ D e c i s i o n ( 1 2 9 4 : U r b a n S e p a r a t o r s A l t e r n a t i v e s ) Decision Document Urban Separators (ZCA-2016-2) ENV-2018-05 / RPSA-2182087 Page 6 of 7 New development facilitated by this proposal may result in a minor increase in demand for public services, including fire protection, police, health care, and schools. The effects of Alternative B on the number of housing units achieved will likely be at the margins and would not be expected to result in a significant contribution of additional housing units. It would therefore have an insignificant impact on demand for public services. The amendments proposed in Alternative A would increase the demand for public services to the extent additional housing units are added. Multiplying 16 new units by Kent’s average household size (2.9 people), results in slightly more than 46 new people requiring access to public services in this 4.3-acre area. N. Utilities Most of Kent’s urban separator lands are within water and sewer service areas and are served with public utilities, although there are some exceptions. Several properties in Kent’s urban separators currently have no established connections to a water or sewer system. Some have difficult terrain, including steep slopes and landslide hazard areas, which would add to the difficulty and expense of connection to this infrastructure. Other utilities, including electricity and natural gas, are available with established connections in many urban separator areas, while some would require new connections to be made for new development. IV. SUMMARY AND RECOMMENDATION A. It is appropriate per WAC 197-11-660 and RCW 43.21C.060 that the City of Kent establish conditions to mitigate any identified impacts associated with this proposal. Supporting documents for the following conditions and mitigating measures include: 1. City of Kent Comprehensive Plan as prepared and adopted pursuant to the State Growth Management Act; 2. The Shoreline Management Act (RCW 90.58) and the Kent Shoreline Master Program; 3. Kent City Code Section 7.07 Surface Water and Drainage Code; 4. City of Kent Transportation Master Plan, and current Six-Year Transportation Improvement Plan; 5. Kent City Code Section 7.09 Wastewater Facilities Master Plan; 6. City of Kent Comprehensive Water System Plan; 7. Kent City Code Section 6.02 Required Infrastructure Improvements; 8. Kent City Code Section 6.07 Street Use Permits; 9. Kent City Code Section 14.09 Flood Hazard Regulations; 10. Kent City Code Section 12.04 Subdivisions, Binding Site Plans, and Lot Line Adjustments; 7.b Packet Pg. 33 At t a c h m e n t : Z C A - 2 0 1 6 - 2 _ U r b a n S e p a r a t o r s _ E N V _ D e c i s i o n ( 1 2 9 4 : U r b a n S e p a r a t o r s A l t e r n a t i v e s ) Decision Document Urban Separators (ZCA-2016-2) ENV-2018-05 / RPSA-2182087 Page 7 of 7 11. Kent City Code Section 12.05 Mobile Home Parks and 12.06 Recreation Vehicle Park; 12. Kent City Code Section 8.05 Noise Control; 13. City of Kent International Building and Fire Codes; 14. Kent City Code Title 15, Zoning; 15. Kent City Code Section 7.13 Water Shortage Emergency Regulations and Water Conservation Ordinance 2227; 16. Kent City Code Sections 6.03 Improvement Plan Approval and Inspection Fees; 17. Kent City Code Section 7.05 Storm and Surface Water Utility; 18. City of Kent Comprehensive Sewerage Plan; 19. City of Kent Fire Department Regional Fire Authority Capital Facilities and Equipment Plan; and 20. Kent City Code Chapter 11.06, Critical Areas. 21. Department of Ecology Tacoma Smelter Plume Model Remedies Guidance (Publication Number 12-09-086-A) B. It is recommended that a Determination of Nonsignificance (DNS) be issued for this non-project action. KENT PLANNING SERVICES 7.b Packet Pg. 34 At t a c h m e n t : Z C A - 2 0 1 6 - 2 _ U r b a n S e p a r a t o r s _ E N V _ D e c i s i o n ( 1 2 9 4 : U r b a n S e p a r a t o r s A l t e r n a t i v e s ) KENT Location:400 w. Gowe o Maitto: 220 4thAvenue."rt*t?lllTrg^sf#rfr"; Permit Center (253-856-5302 FAX: (253) 856-6412 www.ci. kent.wa. us/permitcenter Environmental Checklist Application Form WAsHTNGToN Public Notice Board and Application Fee...See Fee Schedule TO BE COMPLETED BY STAFF APPLICATION #: #: KIVA RECEIVED BY: DATE PROCESSING FEE A. STAFF REVIEW DETERMINED THAT PROJECT: Meets the categorically exempt criteria. Has no probable significant adverse environmental impact(s) and application should be processed without further consideration of environmental effects. Has probable, significant impact(s) that can be mitigated through conditions. EIS not necessary. Has probable, significant adverse environmental impact(s). An Environmental lmpact Statement will be prepared. An Environmental lmpact Statement for this project has already been prepared. Signature of Responsible Official Date B. COMMENTS C TYPE OF PERMIT OR ACTION REQUESTE D. ZONING DISTRICT:SR.1 7.c Packet Pg. 35 At t a c h m e n t : S E P A C h e c k l i s t U r b a n S e p a r a t o r s _ F i n a l S i g n e d ( 1 2 9 4 : U r b a n S e p a r a t o r s A l t e r n a t i v e s ) 1 2 City of Kent Planning Services Environmental Checklist - Page 2 TO BE COMPLETED BY APPLICANT: A. BACKGROUND INFORMATION: Name of Proj anf 'I lrhan Qanarafnr Frnionf Name of Applicant: Citv of Kent Mailing Address: 220 4th Ave. S. Kent, WA 98032 Contact Person: Danielle Butsick, Sr. Lonq Ranqe Planner Telephone 25 (Note that all correspondence will be mailed to the applicant listed above.) 3. Applicant is (owner, agent, other): Sr. Lonq Ranqe Planner, Planninq Services 4. Name of Legal Owne N/A Telephone:_ Mailing Address 5 Location. Give general location of proposed project (street address, nearest intersection of streets and section. township and ranqe). These proposed amendments impact areas throughout Kent which are designated as urban separators on the city's comprehensive land use plan map. Leqal description and tax identification number a. Leqal description (if lenqthv. attach as separate sheet) N/A b. Tax ide n number: N/A Existinq conditions: Give a general description of the property and existing improvements, size, topography, vegetation, soil, drainage, natural features, etc. (if necessary, attach a separate sheet). 6. 7 Urban separator lands in Kent contain varying degrees of existing development and access to 7.c Packet Pg. 36 At t a c h m e n t : S E P A C h e c k l i s t U r b a n S e p a r a t o r s _ F i n a l S i g n e d ( 1 2 9 4 : U r b a n S e p a r a t o r s A l t e r n a t i v e s ) City of Kent Planning Services Environmental Checklist - Page 3 infrastructure. They range from entirely vacant with large undivided lots to primarily developed with many smaller parcels. All of Kent's urban separator lands are within water service areas; properties that are not within the City of Kent's retail water service area are within the service area of one of several neighboring water purveyors including Highline Water District, District 111, or Soos Creek Water & Sewer District. Most urban separator lands, with some small exceptions, are also within a public sewer service area. Several properties in Urban Separator focus areas, however, currently have no internal established connections to a water or sewer system and are served only by private wells and septic systems. By their nature, some urban separator lands have difficult terrain, including steep slopes and landslide hazard areas, which would add to the difficulty and expense of connection to this infrastructure. All urban separator lands have some degree of access to the city road network; some are directly served by minor or major arterials or residential collectors, while others are served only indirectly through local streets. A small number of urban separator areas are connected to the road network only at their external borders and lack internal access roads. Transit service is limited in most urban separator lands, and typically consists of one or two routes; some of these are peak-only routes or dial-a-ride transit. Most urban separators do have some level of commercial or retail service within one to two miles, although few have these amenities within one-quarter mile, the typical distance people are expected to be willing to walk to accomplish daily tasks. The concentration of services in these areas is generally low compared to more dense urban areas. Nearly all of Kent's urban separator lands fall within watershed subbasins in Kent that exceed thresholds for impervious surface (greater than 10%) and for tree canopy (less than 65%), as recommended by the 2000 University of Washington report, "Forest Cover, lmpervious Surface Area, and the Mitigation of Urbanization lmpacts in King County, Washington". Even with severe degradation, valuable habitat and species are present in streams in Kent, many of which drain into rivers containing endangered species. Site Area: Citywide: 1,431 acres desiqnated urban separator Site Dimensions: NiA Proiect description: Give a brief, complete description of the intended use of the property or project including all proposed uses, days and hours of operation and the size of the project and site. (Attach site plans as described in the instructions): Alternative A: This proposal amends the land use plan map designation for 8 parcels at the northeast corner of the intersection of SE 200th Street and 108th Ave. SE from "Urban Separator" to "SF-6". The proposal also amends the zoning designation for these 8 parcels from SR-1 to SR-6. Alternative B: This proposal amends sections 12.04.263 Clustering in urban separators;15.04.Q20 Residential land uses; and 15.04.030 Residential land use and development conditions; and adds section 15.02.114.1 Duplexwith ownership interest; pertaining to permitted uses, subdivision requirements, and development standards in urban separators and the SR-1 zoning district. The proposed amendments better align Kent's cluster subdivision requirements with those of neighboring jurisdictions and allow 25oh of new housing units to be duplex and townhouse 8. 9. 7.c Packet Pg. 37 At t a c h m e n t : S E P A C h e c k l i s t U r b a n S e p a r a t o r s _ F i n a l S i g n e d ( 1 2 9 4 : U r b a n S e p a r a t o r s A l t e r n a t i v e s ) City of Kent Planning Services Environmental Checklist - Page 4 structures, consistent with allowed uses in other single family residential districts. 10.Schedule: Describe the timing or schedule (include phasing and construction dates, if possible). N/A (This is a non-project action) 11 Future Plans: Do you have any plans for future additions, expansion or further activity related to or connected with this proposal? fi yes, explain. Adoption of proposal #2 andlor #3 may result in future development proposals beyond those that would have occurred under existing regulations. 12. Permits/Approvals: List all permits or approvals for this project from local, state, federal, or other agencies for which you have applied or will apply as required for your proposal. AGENCY PERMIT TYPE DATE SUBMITTED-NUMBER STATUS** *Leave blank if not submitted "*Approved, denied or pending 13 Environmental lnformation: List any environmental information you know about that has been prepared, or will be prepared, directly related to this proposal. An lnventory and Characterization Report was developed in 2Q17 by the City of Kent, which documents existing environmental conditions based on best available GIS data. 14 Do you know whether applications are pending for governmental approvals of other proposals directly affecting the property covered by your proposal? lf yes, explain. None known 7.c Packet Pg. 38 At t a c h m e n t : S E P A C h e c k l i s t U r b a n S e p a r a t o r s _ F i n a l S i g n e d ( 1 2 9 4 : U r b a n S e p a r a t o r s A l t e r n a t i v e s ) c. City of Kent Planning Services Environmental Checklist - Page 5 B. ENVIRONMENTAL ELEMENTS 1. Earth a.General description of the site (circle one): ft!, Ig!!i4g, hillv, steepglgg, mountainous, oth All of the above conditions, excluding "mountainous", are found in Kent's urban separator lands. b. What is the steepest slope on the site (approximate percent slope)? Slopes in urban separator lands are documented in exceedance of 75o/o slope. What general types of soils are found on the site (for example, clay, sand, gravel, peat, muck)? lf you know the classification of agricultural soils, specify them and note any prime farmland. The following soil types are found in Kent's urban separator lands . Alderwood and Kitsap Soils (very steep). Tukwila muck (prime farmland if drained). Alderwood gravelly sandy loam (8-15% slope, prime farmland if irrigated). Aldenruood gravelly sandy loam (15-30% slope, farmland of statewide importance). Alderwood gravelly sandy loam (0-8% slope, prime farmland if irrigated),. Norma sandy loam (prime farmland if drained). Bellingham silt loam (prime farmland if drained). Oridia silt loam (prime farmland if drained). Everett very gravelly sandy loam (0-8% slope, farmland of statewide importance)r Everett very gravelly sandy loam (8-15% slope, farmland of statewide importance)o Everett very gravelly sandy loam (15-30% slope, farmland of statewide importance)o lndianola loamy sand (5-15% slope, prime farmland if inigated). Seattle muck (prime farmland if drained)r Briscot silt loam (prime farmland if drained). Urban land (not prime farmland). Snohomish silt loam (prime farmland if drained). Renton silt loam (prime farmland if drained)o Pits (not prime farmland)o Woodinville silt loam (prime farmland if drained and protected from EVALUATION FOR AGENCY USE ONLY 7.c Packet Pg. 39 At t a c h m e n t : S E P A C h e c k l i s t U r b a n S e p a r a t o r s _ F i n a l S i g n e d ( 1 2 9 4 : U r b a n S e p a r a t o r s A l t e r n a t i v e s ) e. City of Kent Planning Services Environmental Checklist - Page 6 flooding or not frequently flooded during growing season) . Puyallup fine sandy loam (prime farmland) . Newberg silt loam (prime farmland). Puget silty clay loam (prime farmland if drained and protected from flooding or not frequently flooded during growing season) . Arents, Aldenruood material (6-150/0 slope, not prime farmland) d. Are there surface indications or history of unstable soils in the immediate vicinity? lf so, describe. There are many areas in Kent's urban separators which contain identified erodible soils and landslide hazard areas. Describe the purpose, type and approximate quantities of any filling or grading proposed. lndicate source of fill. No fill or grading is proposed Could erosion occur as a result of clearing, construction, or use? lf so, generally describe. Erosion could occur as a consequence of new construction in urban separator areas, although no development is proposed at this time. Erosion risk will depend on the exact location and character of future development. g About what percent of the site will be covered with impervious surfaces after project construction (for example, asphalt or buildings)? All existing lots in urban separator areas are subject to the SR-1 zoning district development standards, which limit impervious surface to 40% of the lot area (up to 10,000 square feet). Clustering is required for new subdivisions, which allows a minimum lot size of 2,500 square feet and up to 75o/o impervious surface (per development standards for SR-8). This proposal does not make any changes to impervious surface maximums, so these standards will remain in place for future development facilitated by this proposal. Any future development would be subject to permitting requirements and SEPA environmental review. f h. Proposed measures to reduce or control erosion, or other impacts to EVALUATION FOR AGENCY USE ONLY 7.c Packet Pg. 40 At t a c h m e n t : S E P A C h e c k l i s t U r b a n S e p a r a t o r s _ F i n a l S i g n e d ( 1 2 9 4 : U r b a n S e p a r a t o r s A l t e r n a t i v e s ) a City of Kent Planning Services Environmental Checklist - Page 7 the earth, if any No development is proposed at this time. All future development will be subject to Kent's Critical Areas Ordinance (KCC 11.06), Surface Water and Drainage Code (KCC 7.07), and Landscaping Regulations (KCC 15.07), which establish requirements and procedures for minimizing erosion impacts. 2. Air What types of emissions to the air would result from the proposal (i.e., dust, automobile, odors, industrial wood smoke) during construction and when the project is completed? lf any, generally describe and give approximate quantities if known. The proposed amendments could result in additional development beyond what is currently achievable in urban separator areas due to changes to cluster subdivision regulations. This could result in impacts typical of residential subdivision development, including dust from grading/filling, emissions from construction equipment, and additional emissions from private automobiles from new residents. These impacts would be minimal for the proposal retaining the SR-1 zoning designation, as net density would remain at 1 dwelling unit per acre. The proposed amendments (Alternative A) to the land use plan map and zoning district designations for 8 parcels in the Panther Lake urban separator (Urban Separator to SF-6, and SR-1 to SR-6) could result in greater automobile emissions impacts, as this proposal increases the allowed density on these parcels. The exact impacts of this proposal cannot be estimated at this time, as no development has been proposed. However, the following simple equation may give a rough scale of the impact. The total area included in the proposal is approximately 4.3 acres and currently contains 8 single family homes. A zoning amendment changing these four acres from 1 du/acre to 6 du/acre would allow roughly (not accounting for site constraints or design considerations) a maximum additional 16 dwelling units for a total of 24 units (4 x 6 = 24). According to the 2012 ITE Trip Generation Manual, this would add approximately 1 new PM peak trip per unit, or 16 total new PM peak trips. b. Are there any off-site sources of emissions or odor that may affect your proposal? lf so, generally describe. None known EVALUATION FOR AGENCY USE ONLY 7.c Packet Pg. 41 At t a c h m e n t : S E P A C h e c k l i s t U r b a n S e p a r a t o r s _ F i n a l S i g n e d ( 1 2 9 4 : U r b a n S e p a r a t o r s A l t e r n a t i v e s ) City of Kent Planning Services Environmental Checklist - Page 8 c.Proposed measures to reduce or control emissions or other impacts to air, if any. Mitigation measures should be developed specific to individual development proposals, consistent with Washington's Air Quality Law. 3. Water a. Surface: 1)ls there any surface water body on or in the immediate vicinity of the site (including year-round and seasonal streams, salt water, lakes, ponds, wetlands)? lf yes, describe type and provide names. lf appropriate, state what stream or river it flows into. Surface waters are present in many locations throughout Kent's urban separator lands. These water bodies include, but are not limited to, the Green River, Panther Lake, Soos Creek, Garrison Creek, Soosette Creek, Johnson Creek, and McSorely Creek. Many other unnamed streams and wetlands exist within Kent's urban separators. Will the project require any work over, in or adjacent to (within 200 feet) the described waters? lf yes, please describe and attach available plans. No work over, in, or adjacent to surface waters is proposed at this time. 3)Estimate the amount of fill and dredge material that would be placed in or removed from surface water or wetlands and indicate the area of the site that would be affected. lndicate the source of fill material. N/A 4)Will the proposal require surface water withdrawals or diversions? Give general description, purpose, and approximate quantities, if known. 2) N/A EVALUATION FOR AGENCY USE ONLY 7.c Packet Pg. 42 At t a c h m e n t : S E P A C h e c k l i s t U r b a n S e p a r a t o r s _ F i n a l S i g n e d ( 1 2 9 4 : U r b a n S e p a r a t o r s A l t e r n a t i v e s ) City of Kent Planning Services Environmental Checklist - Page 9 5)Does the proposal lie within a 1OO-year floodplain? lf so, note location on the site plan. Portions of Kent's urban separator lands are within the FEMA-identified 100-year floodplain. 6)Does the proposal involve any discharges of waste materials to surface waters? lf so, describe the type of waste and anticipated volume of discharge. N/A b. Ground: 1)Will ground water be withdrawn, or will water be discharged to ground water? Give general description, purpose, and approximate quantities, if known. N/A 2)Describe waste material that will be discharged into the ground from septic tanks or other sources, if any (for example: domestic sewage; industrial, containing the following chemicals...; agricultural; etc.). Describe the general size of the system, the number of such systems, the number of houses to be served (if applicable), or the number of animals or humans the system(s) are expected to serve. N/A c. Water Runoff (including storm water): 1) Describe the source of runoff (including storm water) and method of collection and disposal, if any (include quantities, if known). Where will this water flow? Will this water flow into other waters? lf so, describe. Could waste materials enter ground or surface waters? lf so, generally describe. NiA 2) EVALUATION FOR AGENCY USE ONLY 7.c Packet Pg. 43 At t a c h m e n t : S E P A C h e c k l i s t U r b a n S e p a r a t o r s _ F i n a l S i g n e d ( 1 2 9 4 : U r b a n S e p a r a t o r s A l t e r n a t i v e s ) City of Kent Planning Services Environmental Checklist - Page 10 N/A d. Proposed measures to reduce or control surface, ground, and runoff water impacts, if any: All future development in urban separators is subject to the requirements of Kent's Surface Water and Drainage Code (KCC 7.07). 4. Plants a. Check or circle types of vegetation found on the site _X_Deciduous tree: alder, maple aspen, other _X_Evergreen tree: fir, cedar, pine, other _X_Shrubs X Grass X Pasture _X_Crop or grain _X_Wet soil plants: cattail, buttercup, bulrush, skunk cabbage, other ater plants: water lily, eelgrass, milfoil, other _X_Other types of vegetation All of the above types of vegetation may be found in various locations throughout Kent's urban separator lands. b. What kind and amount of vegetation will be removed or altered? Any vegetation removal that occurs as part of future development subsequent to this proposal will vary as to type, amount and location, depending on the exact development project. Some amount of vegetation loss is expected, as this proposal will facilitate some development beyond what is currently achievable in areas that are now vegetated and undeveloped or underdeveloped relative to allowed density. Alternative A would result in rezoning of I parcels constituting approximately 4.3 acres, which currently contain 8 single family homes and EVALUATION FOR AGENCY USE ONLY 7.c Packet Pg. 44 At t a c h m e n t : S E P A C h e c k l i s t U r b a n S e p a r a t o r s _ F i n a l S i g n e d ( 1 2 9 4 : U r b a n S e p a r a t o r s A l t e r n a t i v e s ) City of Kent Planning Services Environmental Checklist - Page 11 associated structures. These parcels are currently designated US/SR-1. This proposal would amend their land use and zoning designations to SF- 6/5R-6, possibly resulting in redevelopment that would remove existing vegetation and increase the percentage of impervious surface. Existing vegetation on these properties is primarily grass and conifers. c. List threatened or endangered species known to be on or near the site According to the Washington State Department of Natural Resources Natural Heritaoe Proqram Element Occurrence Map, there are no known threatened or endangered plant species in Kent's urban separator lands. d. Proposed landscaping, use of native plants, or other measures to preserve or enhance vegetation on the site, if any: Requirements in Kent's Landscaping Regulations (KCC 15.07) will apply to any new development resulting from this proposal, which require the use of a variety of native and droughttolerant plant species. 5. Animals a. Circle any birds and animals which have been observed on or near the site or are known to be on or near the site: Birds: @h, @, gg!g, sonqbirds, other:_ Mammals: 9!ggl, bear, elk, beaver, oth raccoons. covotes Fish: bass, g!q, !q!, herring, shellfish, other:_ The animals indicated above were sighted by residents and neighbors within urban separator areas, and described during public outreach events. b. List any threatened or endangered species known to be on or near the site. According to Washington Department of Fish and Wildlife Prioritv Habitat and Species map, streams in Kent's urban separator lands are habitat or breeding grounds for endangered fish species including pink salmon (during odd-numbered years), coho salmon, steelhead, Chinook salmon, bull trout, and resident coastal cutthroat trout. lnventoried bald eagle nests are also present in some locations. EVALUATION FOR AGENCY USE ONLY 7.c Packet Pg. 45 At t a c h m e n t : S E P A C h e c k l i s t U r b a n S e p a r a t o r s _ F i n a l S i g n e d ( 1 2 9 4 : U r b a n S e p a r a t o r s A l t e r n a t i v e s ) a. City of Kent Planning Services Environmental Checklist - Page 12 c. ls the site part of a migration route? lf so, explain. The City of Kent is within the Pacific Flyway, as identified by the US Fish and Wildlife Service. The Audubon Societv lmportant Bird Areas (lBAs) map shows no specific migration locations within Kent's urban separator lands. d. Proposed measures to preserve or enhance wildlife, if any: Any future development resulting from this proposal will be subject to the requirements in Kent's Critical Areas Ordinance (KCC 11.06), which establishes standards for avoiding, minimizing, and mitigating impacts to wildl ife habitat areas. 6. Enerqvand Natural Resources What kinds of energy (electric, natural gas, oil, wood stove, solar) will be used to meet the completed project's energy needs? Describe whether it will be used for heating, manufacturing, etc. New development facilitated by this proposal would require the connection of new residences to electrical, natural gas, and water resources. All use of natural resources would be for residential purposes. b. Would your project affect the potential use of solar energy by adjacent properties? lf so, generally describe. N/A What kinds of energy conservation features are included in the plans of this proposal? List other proposed measures to reduce or control energy impacts, if any. Per KCC 14.01.010, all new development in Kent is subject to the requirements of the lnternational Energy Conservation Code, 2015 Edition. 7. Environmental Health Are there any environmental health hazards, including exposure to toxic chemicals, risk of fire and explosion, spill, or hazardous waste, that could occur as a result of this proposal? lf so, describe. c. a EVALUATION FOR AGENCY USE ONLY 7.c Packet Pg. 46 At t a c h m e n t : S E P A C h e c k l i s t U r b a n S e p a r a t o r s _ F i n a l S i g n e d ( 1 2 9 4 : U r b a n S e p a r a t o r s A l t e r n a t i v e s ) City of Kent Planning Services Environmental Checklist - Page 13 1) Describe special emergency services that might be required NiA 2)Proposed measures to reduce or control environmental health hazards, if any: N/A b. Noise 1)What types of noise exist in the area which may affect your project (for example: traffic, equipment operation, other)? N/A 2)What types and levels of noise would be created by or associated with the project on a short-term or a long{erm basis (for example: traffic, construction, operation, other)? lndicate what hours noise would come from the site. Any new development resulting from this proposal is likely to create noise typically associated with residential development and accompanying automobile traffic. ln areas which were previously undeveloped, this could be perceived as a negative impact by neighbors. 3) Proposed measures to reduce or control noise impacts, if any: Residential areas in Kent are subject to the restrictions and maximum permissible environmental noise levels in the city's Noise Control Ordinance (KCC 8.05). 8. Land and Shoreline Use a. What is the current use of the site and adjacent properties? Lands under the urban separator land use designation are primarily single family residential use or undeveloped, with the exception of a 118-unit mobile home park and a commercial property containing a farm and feed store, veterinarian, and equestrian facilities. EVALUATION FOR AGENCY USE ONLY 7.c Packet Pg. 47 At t a c h m e n t : S E P A C h e c k l i s t U r b a n S e p a r a t o r s _ F i n a l S i g n e d ( 1 2 9 4 : U r b a n S e p a r a t o r s A l t e r n a t i v e s ) City of Kent Planning Services Environmental Checklist - Page 14 b. Has the site been used for agriculture? lf so, describe Some of Kent's urban separator lands have been used for agriculture in the past; a small number of properties are currently used for farming, including strawberries and family kitchen gardens. c. Describe any structures on the site Structures in Kent's urban separator lands are primarily single family homes; size, age, type of construction, and condition vary widely. d. Will any structures be demolished? lf so, what? Existing structures may be demolished to facilitate subdivision and redevelopment of properties in urban separator lands; this proposal could result in more subdivisions than may occur under current regulations. e. What is the current zoning classification of the site? All urban separator lands are zoned SR-1. f. What is the current comprehensive plan designation of the site? All lands affected by this proposal are designated as Urban Separator g. lf applicable, what is the current shoreline master program designation of the site? Within Kent's urban separator shorelines, there are two types of shoreline designations: "Urban Conservancy - Low lntensity" (UC-L|), and "Urban Conservancy - Open Space" (UC-OS). Shorelines include those along the Green River, Panther Lake, Big Soos Creek, and Springbrook Creek. h. Has any part of the site been classified as an "environmentally sensitive" area? lf so, specify. Yes. Many of Kent's urban separator lands contain inventoried critical areas and buffers. These include wetlands, steep slopes, landslide hazard areas, erodible soils, wildlife habitat areas, and seismichazard areas. No critical areas or buffers are present on seven of the eight properties in Alternative A. The easternmost parcel could fall within a critical area buffer, depending on a delineation study. There are inventoried wetlands on parcels directly to the south, as well as an 83-acre inventoried wetland body (Panther Lake), less than 500 feet from the nearest property. Approximately how many people would reside or work in the completed project? EVALUATION FOR AGENCY USE ONLY 7.c Packet Pg. 48 At t a c h m e n t : S E P A C h e c k l i s t U r b a n S e p a r a t o r s _ F i n a l S i g n e d ( 1 2 9 4 : U r b a n S e p a r a t o r s A l t e r n a t i v e s ) City of Kent Planning Services Environmental Checklist - Page 15 N/A j. Approximately how many people would the completed project displace? N/A k. Proposed measures to avoid or reduce displacement impacts, if any: N/A I Proposed measures to ensure the proposal is compatible with existing and projected land uses and plans, if any. Any development resulting from this proposal will be subject to Kent's permitting process and reviewed for compliance with Kent's development regulations and consistency with existing plans. 9. Housins Approximately how many units would be provided, if any? lndicate whether high, middle, or low income housing. It cannot be estimated at this time how many new units would result from this proposal. The impact is likely to be modest, however. Alternative A would apply only to 8 parcels which are already developed at a density greater than one unit per acre and would result in a maximum net increase of 16 new units (8 existing + 16 new = 24 units). Alternative B retains an allowed density of one unit per acre, but amends code requirements to facilitate subdivision and development of unconstrained lands while providing permanent protection for sensitive areas. lts effects on the number of housing units achieved will likely be at the margins and would not be expected to result in a significant contribution of additional housing units. Existing housing in urban separator lands tends toward high-income housing, and new units will likely follow this pattern. However, Alternative B provides for 25% of new lots/units in an SR-1 subdivision to be duplex or townhome units, which tends to be a more affordable housing type for middle income families. b. Approximately how many units, if any, would be eliminated? lndicate whether high, middle, or low income housing. No proposals exist at this time to eliminate any housing units. Future development resulting from this proposal may eliminate existing units to a EVALUATION FOR AGENCY USE ONLY 7.c Packet Pg. 49 At t a c h m e n t : S E P A C h e c k l i s t U r b a n S e p a r a t o r s _ F i n a l S i g n e d ( 1 2 9 4 : U r b a n S e p a r a t o r s A l t e r n a t i v e s ) City of Kent Planning Services Environmental Checklist - Page 16 facilitate subdivision and redevelopment. However, based on existing development in urban separators, this impact is likely to be minimal and result in the loss of at most one single family home per new subdivision. c Proposed measures to reduce or control housing impacts, if any None 10. Aesthetics a. What is the tallest height of any proposed structure(s), not including antennas; what is the principal exterior building material(s) proposed? Any new development resulting from this proposal would be single-family or duplex/townhome residential structures and would be subject to limitations in Kent's residential zone development standards. Maximum height of structures would be limited to 2.5 stories or 30ft. b. What views in the immediate vicinity would be altered or obstructed? lmpacts to views cannot be known at this time. However, urban separator lands in Kent tend to be characterized by natural scenery, and neighboring properties may be negatively impacted by future development facilitated by this proposal if such development results in clearing of vegetation or building on previously undeveloped land. c. Proposed measures to reduce or control aesthetic impacts, if any None. 11. Liqht and Glare What type of light or glare will the proposals produce? What time of day would it mainly occur? Future development facilitated by this proposal would likely produce light or glare of the character and timing consistent with a residential subdivision. b. Could light or glare from the finished project be a safety hazard or interfere with views? Light or glare from future development facilitated by this proposal could negatively impact neighboring properties, as urban separator lands in Kent tend to be characterized by natural scenery and low-density development. a EVALUATION FOR AGENCY USE ONLY 7.c Packet Pg. 50 At t a c h m e n t : S E P A C h e c k l i s t U r b a n S e p a r a t o r s _ F i n a l S i g n e d ( 1 2 9 4 : U r b a n S e p a r a t o r s A l t e r n a t i v e s ) City of Kent Planning Services Environmental Checklist - Page 17 c. What existing off-site sources of light or glare may affect your proposal? None known d. any Proposed measures to reduce or control light and glare impacts, if a Kent City Code 15.08 contains performance standards prohibiting land uses which cause objectionable conditions, including direct or sky-directed glare. 12. Recreation What designated and informal recreational opportunities are in the immediate vicinity? Soos Creek Park falls within Kent's urban separator lands, as do many informal recreation opportunities within privately owned lands. b. Would the proposed project displace any existing recreational uses? lf so, describe. New subdivisions facilitated by this proposal may displace informal recreation opportunities on developable portions of privately owned land; however, existing cluster subdivision requirements contain provisions for an open space set-aside of 50% of the developable portion of the parent parcel, which could be used by new residents for recreation. The amendments contained in this proposal call for this 50% open space set- aside to come from the entire parcel, while preserving all critical areas and buffers as open space, which could also be used for recreation purposes. c. Proposed measures to reduce or control impacts on recreation, including recreation opportunities to be provided by the project or applicant, if any. Existing code requirements for cluster subdivisions and those contained in this proposal are intended to reduce or mitigate the recreational impacts of new development. 13. Historic and Gultural Preservation Are there any places or objects listed on, or proposed for, national, state or local preservation registers known to be on or next to the site? lf so, generally describe. a None known per Washinqton State WISAARD database EVALUATION FOR AGENCY USE ONLY 7.c Packet Pg. 51 At t a c h m e n t : S E P A C h e c k l i s t U r b a n S e p a r a t o r s _ F i n a l S i g n e d ( 1 2 9 4 : U r b a n S e p a r a t o r s A l t e r n a t i v e s ) City of Kent Planning Services Environmental Checklist - Page 18 b. Generally describe any landmarks or evidence of historic, archaeological, scientific, or cultural importance known to be on or next to the site. None known c.Proposed measures to reduce or control impacts, if any N/A 14. Transportation Identify public streets and highways serving the site, and describe proposed access to the existing street system. Show on site plans, if any. All of Kent's urban separator lands are served by the city road network; some are directly served by minor or major arterials or residential collectors, while others are served only indirectly through local streets. The parcels to which Alternative A applies are served by 108th Avenue SE, a principal arterial, and SE 200th Street, a local dead-end street. b. ls site currently served by public transit? lf not, what is the approximate distance to the nearest transit stop? Transit service is limited in most urban separator lands, and typically consists of one or two routes; some of these are peak-only routes or dial-a- ride transit. The properties in Alternative A are served within T, mile by transit route 169, an all-day route that runs every 30 minutes between Kent Station and the Renton Transit Center. How many parking spaces would the completed project have? How many would the project eliminate? a c N/A EVALUATION FOR AGENCY USE ONLY 7.c Packet Pg. 52 At t a c h m e n t : S E P A C h e c k l i s t U r b a n S e p a r a t o r s _ F i n a l S i g n e d ( 1 2 9 4 : U r b a n S e p a r a t o r s A l t e r n a t i v e s ) e City of Kent Planning Services Environmental Checklist - Page 19 d. Will the proposal require any new roads or streets, or improvements to existing roads or streets, not including driveways? lf so, generally describe (indicate whether public or private). New subdivisions in urban separator lands facilitated by this proposal would likely require new internal roads, depending on the number and location of new lots relative to the existing road network. Will the project use (or occur in the immediate vicinity of) water, rail, or air transportation? lf so, generally describe. N/A f. How many vehicular trips per day would be generated by the completed project? lf known, indicate when peak volumes would occur. The expected additional trips per day resulting from the code amendments in Alternative B would be expected to be minimal, as they do not increase the allowed net density beyond one unit per acre. lts effects on the number of housing units achieved will likely be at the margins and would not be expected to result in a significant contribution of additional housing units. The total area included in Proposal A is approximately 4.3 acres and currently contains 8 single family homes. A zoning amendment changing these four acres from 1 du/acre to 6 du/acre would allow roughly (not accounting for site constraints or design considerations) a maximum additional 16 dwelling units for a total of 24 units (4 x 6 = 24). According to the 2012 IIE Trip Generation Manual, this would add approximately 1 new PM peak trip per unit, or 16 total new PM peak trips. g. Proposed measures to reduce or control transportation impacts, if any The City of Kent is authorized by KCC 12.14 to transportation impact fees for streets and roads based on the impact of new developments on public facilities. The city also requires infrastructure improvements for new developments through KCC 6.02; improvements are based on adopted standards and plans. 15. Public Services Would the project result in an increased need for public services (for example: fire protection, police protection, health care, schools, a EVALUATION FOR AGENCY USE ONLY 7.c Packet Pg. 53 At t a c h m e n t : S E P A C h e c k l i s t U r b a n S e p a r a t o r s _ F i n a l S i g n e d ( 1 2 9 4 : U r b a n S e p a r a t o r s A l t e r n a t i v e s ) City of Kent Planning Services Environmental Checklist - Page 20 other)? lf so, generally describe New development facilitated by this proposal may result in a minor increase in demand for public services, including fire protection, police, health care, and schools. The effects of Alternative B on the number of housing units achieved will likely be at the margins and would not be expected to result in a significant contribution of additional housing units. lt would therefore have an insignificant impact on demand for public services. The amendments proposed in Alternative A would increase the demand for public services to the extent additional housing units are added. The proposal would allow for approximately 16 new single-family housing units, not accounting for site constraints or design considerations. Multiplying 16 new units by Kent's average household size (2.9 people), results in slightly more than 46 new people in this 4.3-acre area. b. Proposed measures to reduce or control direct impacts on public services, if any. The City of Kent collects school impact fees (per KCC 12.13), and fire impact fees (per KCC 12.15) for any new development requiring a residential building permit. 16. Utilities Circle utilities currently available at the site: electricity, natural gas, water, refuse service, telephone, sanitary sewer, septic system, other. All of Kent's urban separator lands are within water service areas; those that are not within the City of Kent's retail water service atea are within the service area of one of several neighboring water purveyors including Highline Water District, District 111, or Soos Creek Water & Sewer District. Most urban separator lands, with some exceptions, are also within public sewer service areas. Several properties in Kent's urban separators currently have no established connections to a water or sewer system. Some have difficult terrain, including steep slopes and landslide hazard areas, which would add to the difficulty and expense of connection to this infrastructure. Other utilities, including electricity and natural gas, are available with established connections in many urban separator areas, while some would require new connections to be made for new development. b. Describe the utilities that are proposed for the project, the utilities providing the service and the general construction activities on the site a EVALUATION FOR AGENCY USE ONLY 7.c Packet Pg. 54 At t a c h m e n t : S E P A C h e c k l i s t U r b a n S e p a r a t o r s _ F i n a l S i g n e d ( 1 2 9 4 : U r b a n S e p a r a t o r s A l t e r n a t i v e s ) City of Kent Planning Services Environmental Checklist - Page 21 or in the immediate vicinity, which might be needed Chapter 6.02 in Kent City Code requires infrastructure improvements which include sewer, water, lighting, conduit, storm drainage, and other infrastructure for all new development equal to or exceeding $50,000 in value. C. SIGNATURE The above answers are true and complete to the best of my knowledge. I understand that the lead agency is relying on them to make its decision. 2 Date EVALUATION FOR AGENCY USE ONLY 7.c Packet Pg. 55 At t a c h m e n t : S E P A C h e c k l i s t U r b a n S e p a r a t o r s _ F i n a l S i g n e d ( 1 2 9 4 : U r b a n S e p a r a t o r s A l t e r n a t i v e s ) City of Kent Planning Services Environmental Checklist - Page 22 DO NOT USE THIS SHEET FOR PROJECT ACTIONS D. SUPPLEMENTAL SHEET FOR NONPROJECT ACTIONS Because these questions are very general, it may be helpful to read them in conjunction with the list of the elements of the environment. When answering these questions, be aware of the extent the proposal, or the types of activities likely to result from the proposal, would affect the item at a greater intensity or at a faster rate than if the proposal were not implemented. Respond briefly and in general terms. 1. How would the proposal be likely to increase discharge to water; emission to air; production, storage, or release of toxic or hazardous substances; or production of noise? The proposed amendments could result in additional development beyond what is currently achievable in urban separator areas due to changes to cluster subdivision regulations. This could result in impacts typical of residential subdivision development, including noise, dust from grading/filling, emissions from construction equipment, and additional emissions from private automobiles from new residents. These impacts would be minimal for the proposal retaining the SR-1 zoning designation, as net density would remain at 1 dwelling unit per acre. The proposed amendments (Alternative A) to the land use plan map and zoning district designations for 8 parcels in the Panther Lake urban separator (Urban Separator to SF-6, and SR-1 to SR-6) could result in greater automobile emissions impacts, as this proposal increases the allowed density on these parcels. Proposed measures to avoid or reduce such increases are: All future development in urban separators is subject to the requirements of Kent's Surface Water and Drainage Code (KCC 7.07). Emissions mitigation measures should be developed specific to individual development proposals, consistent with Washington's Air Quality Law. Residential areas in Kent are subject to the restrictions and maximum permissible environmental noise levels in the city's Noise Control Ordinance (KCC 8.05). 2. How would the proposal be likely to affect plants, animals, fish, or marine life? EVALUATION FOR AGENCY USE ONLY 7.c Packet Pg. 56 At t a c h m e n t : S E P A C h e c k l i s t U r b a n S e p a r a t o r s _ F i n a l S i g n e d ( 1 2 9 4 : U r b a n S e p a r a t o r s A l t e r n a t i v e s ) City of Kent Planning Services Environmental Checklist - Page 23 According to Washington Department of Fish and Wildlife Prioritv Habitat and Soecies map, streams in Kent's urban separator lands are habitat or breeding grounds for endangered fish species including pink salmon (during odd-numbered years), coho salmon, steelhead, Chinook salmon, bull trout, and resident coastal cutthroat trout. lnventoried bald eagle nests are also present in some locations. New development facilitated by this proposal may contribute to the overall pattern of habitat fragmentation and encroachment; however, requirements for clustering in urban separators contain provisions for connecting wildlife habitat corridors. Proposed measures to protect or conserve plants, animals, fish, or marine life? Any future development resulting from this proposal will be subject to the requirements in Kent's Critical Areas Ordinance (KCC 11.06), which establishes standards for avoiding, minimizing, and mitigating impacts to wildlife habitat areas. Clustering requirements in urban separators require open space corridors to remain in place in such a way that connects wildlife habitat areas. 3. How would the proposal be likely to deplete energy or natural resources? New development facilitated by this proposal would require the connection of new residences to electrical, natural gas, and water resources. Proposed measures to protect or conserve energy and natural resources are Per KCC 14.01.010, all new development in Kent is subject to the requirements of the lnternational Energy Conservation Code, 2015 Edition. 4. How would the proposal be likely to use or affect environmentally sensitive areas or areas designated (or eligible or under study) for governmental protection; such as parks, wilderness, wild and scenic rivers, threatened or endangered species habitat, historic or cultural sites, wetlands, floodplains, or prime farmlands? Many of Kent's urban separator lands contain inventoried critical areas and buffers. These include wetlands, steep slopes, landslide hazard areas, erodible soils, wildlife habitat areas, and seismichazard areas. No critical areas or buffers are present on seven of the eight properties in Alternative A. The easternmost parcel could fall within a critical area buffer, EVALUATION FOR AGENCY USE ONLY 7.c Packet Pg. 57 At t a c h m e n t : S E P A C h e c k l i s t U r b a n S e p a r a t o r s _ F i n a l S i g n e d ( 1 2 9 4 : U r b a n S e p a r a t o r s A l t e r n a t i v e s ) City of Kent Planning Services Environmental Checklist- Page 24 depending on a delineation study. There are inventoried wetlands on parcels directly to the south, as well as an 83-acre inventoried wetland body (Panther Lake), less than 500 feet from the nearest property. Proposed measures to protect such resources or to avoid or reduce impacts are: Any development resulting from this proposal will be subject to Kent's permitting process and reviewed for compliance with Kent's development regulations and consistency with existing plans. 5. How would the proposal be likely to affect land and shoreline use, including whether it would allow or encourage land or shoreline uses incompatible with existing plans? This proposal would retain residential use designations for all urban separator areas; Alternative B would not amend land use or zoning district designations, while Alternative A would increase the allowed residential density from one unit per acre to six units per acre for eight parcels. Alternative A would result in a small segment of land which is zoned differently from adjacent areas, creating a "zoning island" effect. This is typically considered undesirable from a land use planning perspective. Within Kent's urban separator shorelines, there are two types of shoreline designations as identified in Kent's Shoreline Master Program: "Urban Conservancy - Low lntensity" (UC-L|), and "Urban Conservancy - Open Space" (UC-OS). Shorelines include those along the Green River, Panther Lake, Big Soos Creek, and Springbrook Creek. New development would be required to comply with Kent's Shoreline Master Plan. Proposed measures to avoid or reduce shoreline and land use impacts are: Any development resulting from this proposal will be subject to Kent's permitting process and reviewed for compliance with Kent's development regulations and consistency with existing plans, including Kent's Comprehensive Plan and Shoreline Master Program. 6. How would the proposal be likely to increase demands on transportation or public services and utilities? The expected additional trips per day resulting from the code amendments in Alternative B would be expected to be minimal, as they do not increase the allowed net density beyond one unit per acre. lts effects on the number of housing units achieved will likely be at the margins and would EVALUATION FOR AGENCY USE ONLY 7.c Packet Pg. 58 At t a c h m e n t : S E P A C h e c k l i s t U r b a n S e p a r a t o r s _ F i n a l S i g n e d ( 1 2 9 4 : U r b a n S e p a r a t o r s A l t e r n a t i v e s ) City of Kent Planning Services Environmental Checklist - Page 25 not be expected to result in a significant contribution of additional housing units. The total area included in Proposal A is approximately 4.3 acres and currently contains 8 single family homes. A zoning amendment changing these four acres from 1 du/acre to 6 du/acre would allow roughly (not accounting for site constraints or design considerations) a maximum additional 16 dwelling units for a total of 24 units (4 x 6 = 24). According to the 2012 ITE Trip Generation Manual, this would add approximately 1 new PM peak trip per unit, or 16 total new PM peak trips. New subdivisions in urban separator lands facilitated by this proposal would likely require new internal roads, depending on the number and location of new lots relative to the existing road network. New development facilitated by this proposal may result in a minor increase in demand for public services, including fire protection, police, health care, and schools. The effects of Alternative B on the number of housing units achieved will likely be at the margins and would not be expected to result in a significant contribution of additional housing units. lt would therefore have an insignificant impact on demand for public services. The amendments proposed in Alternative A would increase the demand for public services to the extent additional housing units are added. Multiplying 16 new units by Kent's average household size (2.9 people), results in slightly more than 46 new people requiring access to public services in this 4.3-acre area. Proposed measures to reduce or respond to such demand(s) are The City of Kent collects transportation impact fees (per KCC 12.14), school impact fees (per KCC 12.13), and fire impact fees (per KCC 12.15) for any new development requiring a residential building permit. The city also requires infrastructure improvements for new developments through KCC 6.02; improvements are based on adopted standards and plans. 7. ldentify, if possible, whether the proposal may conflict with local, state, or federal laws or requirements for the protection of the environment. There are no conflicts anticipated with local, state, or federal laws resulting from this proposal. However, the amendments proposed in Alternative A are inconsistent with King County Countywide Planning Policies (CPPs) regarding county-identified urban separator lands. The properties identified for land use and zoning district designation amendments under Alternative A are, according to the CPPs, to remain designated as urban separators. Kent's comprehensive plan states that all urban separators will EVALUATION FOR AGENCY USE ONLY 7.c Packet Pg. 59 At t a c h m e n t : S E P A C h e c k l i s t U r b a n S e p a r a t o r s _ F i n a l S i g n e d ( 1 2 9 4 : U r b a n S e p a r a t o r s A l t e r n a t i v e s ) City of Kent Planning Services Environmental Checklist - Page 26 be zoned SR-1. lf this component of the proposal is adopted, further amendments to the CPPs will be required. P : \Pla nn i ng\ADM I N\FORM S\SEPA\SEPA_CH ECKLIST. doc ( REVISED 12/ 08) EVALUATION FOR AGENCY USE ONLY 7.c Packet Pg. 60 At t a c h m e n t : S E P A C h e c k l i s t U r b a n S e p a r a t o r s _ F i n a l S i g n e d ( 1 2 9 4 : U r b a n S e p a r a t o r s A l t e r n a t i v e s ) KENT WÂsHrñôtôñ CITY OF KENT DETERMINATION OF NONSIGNIFICANCE Environmental Checklist No. ENV-2018-5 RPSA-2182087 zc\-2016-2 RPP6-2160444 Project: Urban Separators Description: The City of Kent has initiated a non-project environmental review for a proposal to: A) Amend the land use plan map designation for B parcels at the Northeast corner of the intersection of SE 20Oth St, and 1O8th Ave. SE from "Urban Separator" to "SF-6," and amend the zoning designation for these B parcels from SR-1 to SR-6; and B) Amend sections 12.04.263 Clustering in Urban Separators; 15.04.020 Residential Land Uses; and 15.04.030 Residential Land Use and Development Conditions; and add section 15.02,L14.L Duplex with Ownership Interest; pertaining to permitted uses, subdivision requirements, and development standards in urban separators and the SR-1 zoning district, The proposed amendments better align Kent's cluster subdivision requirements with those of neighboring jurisdictions, allow 25Vo of new housing units to be duplex and townhouse, and require critical areas in cluster subdivisions to be permanently reserved in open space tracts, Location: These proposed amendments impact areas throughout Kent which are designated as urban separators on the City's comprehensive land use plan map, Applicant: City of Kent, 220 4th Ave. S, Kent, WA 98032 Lead Agency CIry or Krrur The lead agency for this proposal has determined that it does not have a probable significant adverse impact on the environment, An environmental impact statement (EIS) is not required under RCW 43.21C.030(2)(c). This decision was made after review of a completed environmental checklist and other information on file with the lead agency, This information is available to the public on request. X This DNS is issued under L97-LL-340(2), The lead agency will not act on this proposal for Í4 days from the date of this decision; this constitutes a I$-day comment period, Comments must be submitted by 4:3O p.ffi., June 15, 2018. This MDNS is subject to appeal pursuant to Kent City Code section 11.03,520. 7.d Packet Pg. 61 At t a c h m e n t : 2 1 8 2 0 8 7 _ E N V - 2 0 1 8 - 5 _ D N S s i g n e d ( 1 2 9 4 : U r b a n S e p a r a t o r s A l t e r n a t i v e s ) Responsible Official Position/Title Lctinq Current Planninq Manaqer l\ddress 220 S. Fourth Avenue, Kent. WA 98032 Dated Mav 29, 2018 Signatu APPEAL PROCESS: AN APPEAL OF A DETERMINATION OF NON NIFICANCE (DNS) MUST BE MADE TO THE KENT HEARING EXAMINER WITHIN FOURTEEN (14) DAYS FOLLOWING THE END OF THE COMMENT PERIOD PER KENT CITY CODE 11,03.520. DB/sm S:\Permit\Plan\ENV\2018\2182087_ENV-2018-5_Urban Separators_DNS.docx 2of2 May 29,2OtB 7.d Packet Pg. 62 At t a c h m e n t : 2 1 8 2 0 8 7 _ E N V - 2 0 1 8 - 5 _ D N S s i g n e d ( 1 2 9 4 : U r b a n S e p a r a t o r s A l t e r n a t i v e s ) Urban Separators SEPA DNS Comments Submitted for the Record June 25, 2018 7.e Packet Pg. 63 At t a c h m e n t : C o m m e n t s _ C o m p i l e d _ 0 6 - 2 5 - 2 0 1 8 ( 1 2 9 4 : U r b a n S e p a r a t o r s A l t e r n a t i v e s ) DNS Comment #1 – Ivan Miller, King County Received June 14, 2018 Good afternoon, Thank you for notifying King County regarding the potential revisions to the City of Kent’s regulations and zoning on parcels that have an urban separator designation. Urban Separators are designated in the King County Countywide Planning Policies. The policy guiding this designation is as follows: DP-9 Designate Urban Separators as permanent low-density incorporated and unincorporated areas within the Urban Growth Area. Urban Separators are intended to protect Resource Lands, the Rural Area, and environmentally sensitive areas, and create open space and wildlife corridors within and between communities while also providing public health, environmental, visual, and recreational benefits. Changes to Urban Separators are made pursuant to the Countywide Planning Policies amendment process described in policy G-1. Designated Urban Separators within cities and unincorporated areas are shown in the Urban Separators Map in Appendix 3. King County notes that SEPA Environmental Decision document briefly references the Countywide Planning Policies, however, there is no discussion of policy DP-9, the countywide process to amend the designation, nor the impact of the changes on the designation. Importantly, jurisdictions have broad discretion to manage their zoning and regulations on urban separators without changing the designation, as long as the core values and functions identified in policy DP-9 are protected. The lack of discussion in the SEPA documents make it unclear as to whether these values and functions are protected, or whether the proposed changes would warrant initiating a re- designation process through the Countywide Planning Policy process, as described in policy G-1. King County requests that this discussion and analysis be added in order provide to the public and stakeholders information to guide their participation in this process, and to assist the City’s legislative body to consider the impacts and mitigations embodied in the two alternatives. Following inclusion of this missing information, King County may have additional comments. Thank you for considering this request. Sincerely, Ivan Miller King County Comprehensive Planning Manager | 206-263-8297 | ivan.miller@kingcounty.gov 7.e Packet Pg. 64 At t a c h m e n t : C o m m e n t s _ C o m p i l e d _ 0 6 - 2 5 - 2 0 1 8 ( 1 2 9 4 : U r b a n S e p a r a t o r s A l t e r n a t i v e s ) Response: DNS Comment #1 – Ivan Miller, King County Sent June 20, 2018 Ivan, Thank you for your comments regarding the City of Kent’s Determination of Non-Significance on the Urban Separators proposal. I would like to provide some clarification on how we considered Countywide Planning Policy (CPP) DP-9 in our SEPA analysis. Policy DP-9 calls for jurisdictions to designate Urban Separators as permanent low-density incorporated and unincorporated areas within the urban growth area. Urban Separators are intended to protect resource lands, the rural area, and environmentally sensitive areas, and create open space and wildlife corridors within and between communities, while also providing public health, environmental, visual, and recreational benefits. A comprehensive Inventory and Characterization Report was incorporated into the Urban Separators SEPA checklist by reference and was considered as part of our SEPA review and threshold determination. The report describes policy DP-9 and documents existing conditions in Kent’s Urban Separator lands relative to each of its components, including presence of environmentally sensitive areas and wildlife corridors, adjacency to open space and resource lands, as well as existing development conditions and potential impacts of future development to at-risk watersheds to determine public health, environmental, visual, and recreational value. Our environmental review considered the potential impacts of each of the alternatives included in the proposal (Alternative A – land use/zoning amendments and Alternative B – code amendments) on these existing conditions. Under both alternatives, Kent’s Critical Areas Ordinance (KCC 11.06) serves to protect environmentally sensitive areas and wildlife corridors. As described in the Inventory and Characterization Report, properties included in Alternative A do not contain environmentally sensitive areas including wetlands, steep slopes, or wildlife corridors; nor are they adjacent to open space or resource lands. The properties are presently developed at a higher intensity than allowed by SR-1 zoning, reducing their public health, environmental, visual, and recreational value. This information led to our determination that redesignation and rezone in this area to allow a density of 6 single-family lots per acre (a maximum of 16 additional single-family lots) would not have a significant adverse environmental impact. Other policy considerations, however, including failure to meet the comprehensive plan amendment criteria in KCC 12.02.050 and the need to make changes to the CPPs according to the amendment process in policy G-1 prior to final adoption of any redesignation of Urban Separator lands, preclude Alternative A from being the preferred option. We also used information in the Inventory and Characterization Report to assess Alternative B’s potential impacts to each component in policy DP-9. Under this alternative, all impervious surface, setback, and other development standards for the SR-1 zoning district would continue to apply to new development in lands currently zoned SR-1; clustering requirements, although slightly modified by this proposal, would remain in place for all new subdivisions in Urban Separators. Open space requirements for cluster subdivisions would continue to require open space set-asides to be oriented in such a way that connects open space and wildlife corridors, and the proposed amendments would provide additional protections for critical areas by requiring the entire critical area to be reserved in a permanent sensitive area tract. Under this alternative, all existing Urban Separators would continue to provide the public health, environmental, visual and recreational benefits described in the Inventory and Characterization Report. As described in the SEPA checklist, the proposed amendment would allow more affordable types of housing in Urban Separators, potentially distributing these benefits to a 7.e Packet Pg. 65 At t a c h m e n t : C o m m e n t s _ C o m p i l e d _ 0 6 - 2 5 - 2 0 1 8 ( 1 2 9 4 : U r b a n S e p a r a t o r s A l t e r n a t i v e s ) broader range of incomes. Additional development facilitated by the amendments proposed under Alternative B could, as described in the SEPA checklist, displace a small amount of informal recreational space; however, the impact would not be significant, and the code as amended would continue to require 50% of parent parcels to be set aside as open space to be used by residents of the subdivision. Requirements to preserve connectivity, scenic vistas, recreational opportunities, etc. would remain in place. Again, thank you for your review and comments; we appreciate the opportunity to provide this clarification of how the CPPs were considered in the threshold determination for the Urban Separators proposal. This letter will be entered into the record at the June 25, 2018 Land Use and Planning Board public hearing. Sincerely, Danielle R. Butsick, AICP Senior Long-Range Planner/GIS Coordinator Planning Services | Economic & Community Development 400 West Gowe, Kent, WA 98032 Main 253-856-5454 | Direct 253-856-5443 dbutsick@kentwa.gov 7.e Packet Pg. 66 At t a c h m e n t : C o m m e n t s _ C o m p i l e d _ 0 6 - 2 5 - 2 0 1 8 ( 1 2 9 4 : U r b a n S e p a r a t o r s A l t e r n a t i v e s ) Jason Garnham, June 15, 2018 Responsible SEPA Official City of Kent Economic & Community Development 400 West Gowe St. Kent, WA 98032 Mr. Garnham, Our organization and other environmental groups reviewed the City of Kent’s recent State Environmental Policy Act (SEPA) Determination of Nonsignificance (DNS) for the City’s non-project Urban Separator proposal dated May 29, 2018. The SEPA determination included two proposals. Proposal B slightly modifies the City’s Codes relating to permitted uses, subdivision requirements, and development standards for Urban Separator parcels. These slight modifications do not eliminate any Urban Separators and provide balanced benefits to developers and the environment. Our review finds the City’s SEPA Determination of Nonsignificance appropriate for Proposal B. Proposal A would eliminate the current Urban Separator designation and increase the density from 1 home per acre to 8 homes per acre, for 8 parcels within the City of Kent. We strongly disagree with the City’s SEPA Determination of Nonsignificance for Proposal A. The Washington State Department of Ecology (DOE) manages SEPA on behalf of local governments in Washington. DOE’s official SEPA guidance to local governments for nonproject proposals raises serious concerns regarding the City’s DNS for Proposal A. These concerns are as follows: •DOE’s SEPA guidance for nonproject proposals states, “Nonproject proposal reviews should consider existing regulations.” Proposal A is clearly inconsistent with the comprehensive plan and goals and policies of the City, the Countywide Planning Policies, and the Growth Management Act. For example, Countywide Planning Policy (CPP) DP-9 states, “Designate Urban Separators as permanent low-density incorporated and unincorporated areas within the Urban Growth Area. Urban Separators are intended to protect Resource Lands, the Rural Area, and environmentally sensitive areas, and create open space and wildlife corridors within and between communities while also providing public health, environmental, visual, and recreational benefits. Changes to Urban friendsofsooscreekpark@Q.com DNS Comment #2 - Friends of Soos Creek Park Received June 15, 2018 7.e Packet Pg. 67 At t a c h m e n t : C o m m e n t s _ C o m p i l e d _ 0 6 - 2 5 - 2 0 1 8 ( 1 2 9 4 : U r b a n S e p a r a t o r s A l t e r n a t i v e s ) P a g e | 2 Separators are made pursuant to the Countywide Planning Policies amendment process described in policy G-1.” The City’s environmental review did not follow the Countywide Planning Policies amendment process. As described in policy G-1, amending the Urban Separator designation requires approval by the Growth Management Planning Council, King County Council, and ratification by all the cities within King County. Any SEPA review to eliminate parcels from the countywide Urban Separator policy must be conducted injunction with the SEPA review of other entities and jurisdictions within the County. A SEPA environmental review by one city, which prematurely concludes a DNS on a countywide designation, will set a precedent resulting in significant countywide environmental impacts. •DOE’s SEPA Guidance for Nonproject proposals states, ‘“SEPA review for nonproject actions requires agencies to consider the “big picture” by: 1.Conducting comprehensive analysis 2.Addressing cumulative impacts 3.Considering possible alternatives 4.Outlining successful mitigation measures”’ The City of Kent’s environmental review of Proposal A did not adequately consider these 4 requirements. Therefore, the City’s current environmental review of Proposal A does not provide an adequate basis for future project decisions. The information provided by the current environmental review does not provide a solid foundation for additional analysis at the project phase, limiting the mitigation options which could avoid significant environmental impacts. •DOE’s SEPA Guidance for Nonproject proposals states “When a nonproject action involves a comprehensive plan or similar proposal governing future project development, the probable environmental impacts that would be allowed for the future development need to be considered. For example, environmental analysis of a zone designation should analyze the likely impacts of the development allowed within that zone.” The City’s environmental review of Proposal A fails to analyze the impacts of development within the SR-1 zone. Proposal A would result in a small segment of land zoned differently from adjacent areas, creating a “zoning island”. Proposal A is inappropriate from a land use planning perspective and raises potential significant impacts to the environment. Proposal A compromises the quality of life of the community by reducing open space and negatively impacting the environment. Proposal A is totally inconsistent with the City of Kent’s and King County’s Comprehensive Plans, fails to meet the comprehensive plan amendment review standards of KCC 12.02.050, does not comply with the Countywide Planning Policies, and did not receive adequate environmental review. 7.e Packet Pg. 68 At t a c h m e n t : C o m m e n t s _ C o m p i l e d _ 0 6 - 2 5 - 2 0 1 8 ( 1 2 9 4 : U r b a n S e p a r a t o r s A l t e r n a t i v e s ) P a g e | 3 In addition to the concerns described above, our review found potential ambiguity in the official DNS document dated May 29, 2018. The DNS document states, “This MDNS …”, apparently referring to a “Mitigated Determination of Nonsignificant”. If the document is truly an MDNS, the specific impacts and mitigation associated with Proposal A should be disclosed. Furthermore, if neither the City of Kent’s Economic & Community Development Department or Land Use and Planning Board recommend Proposal A, then the SEPA determination should not include Proposal A as an alternative. In conclusion, to avoid a significant impact to the environment we ask you to amend the City’s DNS dated May 29, 2018 by: 1.Removing Proposal A, and 2.Removing the reference to a MDNS. Thank you for the opportunity to express our concerns and your sincere consideration of our comments. Please inform us of your decision to amend the DNS as soon as possible, to allow us adequate time to consider our response to the pending appeal deadline of June 29th, 2018. Sincerely, Joe Miles Joe Miles, president Friends of Soos Creek Park CC: FOSCP Board of Directors Danielle Butsick, City of Kent 7.e Packet Pg. 69 At t a c h m e n t : C o m m e n t s _ C o m p i l e d _ 0 6 - 2 5 - 2 0 1 8 ( 1 2 9 4 : U r b a n S e p a r a t o r s A l t e r n a t i v e s ) KENT ECONOMIC & COMMUNITY DEVELOPMENT Kurt Hanson Director 2204th Avenue South Kent, WA 98032 Fax:253-856-6454WÂSHrNoroN ogl < =+)c o,v o PHONE: 253-856-5454 June 21, 2018 Joe Miles, President Friends of Soos Creek Park frien dsofsooscree kpa rk@q. co m (42s) s23-s27s In Response to the Concerns of Friends of Soos Creek park: Mr. Miles, Thank you for your careful review of the Determination of Non-Significance (DNS) issued on May 29,2OL8, pertaining to urban separators. I understand thai your concerns are regarding the environmental analysis for "Alternative 4", which ¡f adopted, would amend the land use designation and zon¡ng district designation for 8parcels in the Panther Lake area from US to SF-6 and SR-1 to SR-6, respectively. I will address each of your concerns individually, but first I would like to clarify that Alternative A would amend the land use and zoning designations to allow a density of 6 single-family lots per acre, rather than 8 ar yoù have described in your letter. The following are my responses to each of your concerns as you've listed them: 1' As stated in the last paragraph of the SEPA checklist (item D.7.), Alternative A as proposed is inconsistent with King County's Countywide Planning policies (CPP's) as currently adopted. Due to this inconsistency, Kent's City Council could not complete the adoption process for these proposed amendments to Kent's land use plan map and zoning districts map without first completing the CPP amendment process outlined in Cpp policy G-1. The SEPA process is intended to inform decision-making as early as possible with regard to a proposal's potential impacts to environmental quality, In this case it is intended to inform Kent City Council's decision whether to pursue Alternative A, which would involve working with the Growth Management Policy Council to propose amendments to the CPPs; Alternative B, whicñ wouldinvolve code amendments not requiring comprehensive plan or Cpp amendments; or another alternative, which could include no further action. As the City Council process is the first decision point, or "action" as defined in SEPA, we have determined that this is the appropriate time to conduct an environmental review and to issue a SEpA determination. Mayor Dana Ralph City of Kent Economic & Community Development Response: DNS Comment #2 - Friends of Soos Creek Park Sent June 21, 2018 7.e Packet Pg. 70 At t a c h m e n t : C o m m e n t s _ C o m p i l e d _ 0 6 - 2 5 - 2 0 1 8 ( 1 2 9 4 : U r b a n S e p a r a t o r s A l t e r n a t i v e s ) KENT ECONOMIC & COMMUNITY DEVELOPMENT Kurt Hanson Director 2204th Avenue South Kent, WA 98032 Fax: 253-856-6454WÄsHtNGToN ogl < =Ðc OJY o PHONET 253-856-5454 2. We believe that our analysis considers the "big picture" and that it is comprehensive, addresses cumulative impacts, and considers alternatives. We did not ident¡fy significant impacts from this proposal that would require mitigation measures to be identified. The Urban Separators Inventory and Characterization Report, included by reference in the SEPA checklist, is intended to provide background information on existing conditions in urban separator lands, including those in AlternativeA. It describes the location of sensitive environmental resources and characterizes existing development conditions. The SEPA checklist describes future development likely to occur as a result of the proposal, and provides analyses of environmental impacts resulting from this potential future development. If you can provide the specific shortcomings you fínd with our analysis, or provide documentation of potential significant impacts, we would be happy to discuss those items with you, Otherwise, these general comments are difficult for us to address in more specific terms. 3. Our environmental review considered the potential impacts from development at a net density of 6 single-family lots per acre on the 8 parcels identified in Alternative A. The likely environmental impacts we identified were not considered significant per the SEPA definition, in part due to the fact that these properties contain no inventoried critical areas and are already developed at a net density that is higher than that allowed by SR-1 zoning under the Urban Separator land use designation. Additionally, part of the SEPA threshold determination process is consideration of mitigation measures which an agency or the applicant will implement as part of the proposal, including any mitigation measures required by development regulations, comprehensive plans, or other existing environmental rules or laws. If Alternative A were adopted, future developments would be subject to Kent City Code requirements including but not limited to subdivision standards, critical areas protection, tree retention, stormwater standards, landscaping, infrastructure improvements, and transportation impact fees. These code requirements would adequately mitigate for any environmental impacts as discussed in the SEPA checklist, the Inventory and Characterization Report and the SEPA decision document. While we did not identify any probable significant adverse environmental impacts, there are certainly other issues to be considered regarding this proposal, including those addressed in the comprehensive plan amendment review standards in KCC L2.02.O5O. City staff evaluated Alternative A for Mayor Dana Ralph City of Kent Economic & Commun¡ty Development 7.e Packet Pg. 71 At t a c h m e n t : C o m m e n t s _ C o m p i l e d _ 0 6 - 2 5 - 2 0 1 8 ( 1 2 9 4 : U r b a n S e p a r a t o r s A l t e r n a t i v e s ) KENT ECONOMIC & COMMUNITY DEVELOPMENT Kurt Hanson Director 220 4th Avenue South Kent, WA 98032 Fax: 253-856-6454WasHtNcroN PHONE: 253-856-5454 compatibility w¡th these standards, and found it to be inconsistent with community goals and policies. Findings on these issues will be presented along with the SEPA environmental review to the Land Use and' Planning Board, Economic and Community Development Committee, and City Council, and will be included in staff's recommendation against advancing Alternative A. 4. We appreciate your careful review of the DNS document, and regret the confusion caused by this typographical error. We will update our DNS template accordingly to avoid this error in the future. As the title of the document and the lack of mitigating conditions indicate, the determination remains a DNS. 5. Staff has an obligation to provide our advisory bodies and elected leaders a range of alternatives to consider when making policy changes. Furthermore, we are obligated to consider the environmental impacts of all such alternatives via SEPA review. This range of alternatives provides decision-makers with important context, and ¡s intended to set the bounds of potential impacts from any proposal to facilitate fully-informed decision-making. For these reasons, we will not be removing Alternative A from the proposal considered in this DNS. However, as stated previously, staff will be recommending against adoption of Alternative A based on a number of factors, including the inconsistencies with KCC 12.02.050 and the King County CPP's, as well as public comments received by the City. Thank you again for your continued engagement in this process. The role you play is critical to achieving a balanced decision-making process in Kent, and we hope that you will remain involved as this proposal is heard at the Land Use and Planning Board, Economic and Community Development Committee, and City Council. Both the Land Use and Planning Board hearing and the City Council meeting will include opportunities for public comment. City Council decisions on Comprehensive Plan Amendments and Zoning Code Amendments may be appealed via judicial appeal pursuant to the Land Use Petition Act. Sincerely, Erin George, AICP, Current ing Manager and SEPA Responsible Official o Ol < =+)CoY o Mayor Dana Ralph nn City of Kent Economic & Commun¡ty Development 7.e Packet Pg. 72 At t a c h m e n t : C o m m e n t s _ C o m p i l e d _ 0 6 - 2 5 - 2 0 1 8 ( 1 2 9 4 : U r b a n S e p a r a t o r s A l t e r n a t i v e s ) Urban Separators Comments for Public Hearing Submitted for the Record June 25, 2018 7.e Packet Pg. 73 At t a c h m e n t : C o m m e n t s _ C o m p i l e d _ 0 6 - 2 5 - 2 0 1 8 ( 1 2 9 4 : U r b a n S e p a r a t o r s A l t e r n a t i v e s ) Comment #1 – John and Jan Welch Received 6/21/2018 To Diane Butsick and The Kent Planning Commission Please Diane, I want to go on record to support changes to the urban separators. Many of us have “wet lands” together with the monster buffers forced upon Kent by the DOE several years ago. I have 10 acres that are ‘taken’ except for 1 home. If the separators are relaxed I may be able to add 1 or more homes. For over fifty years I have paid taxes for schools, roads , ect , for others, but now, I cannot build on my land. I have been forced to provide open space for the 200 plus housing project next door. Please allow some fairness in this planning. Thank you.. John and Jan Welch.. 11405 SE 196th Kent [ Panther lake]. jwelchsr@comcast.net 253 854-0272. 7.e Packet Pg. 74 At t a c h m e n t : C o m m e n t s _ C o m p i l e d _ 0 6 - 2 5 - 2 0 1 8 ( 1 2 9 4 : U r b a n S e p a r a t o r s A l t e r n a t i v e s ) Comment #2 – Mark Rubeck Received 6/21/2018 Ms. Butsick, I am submitting these written comments in response to the call for inputs to the June 25 Public Hearing on Urban Separators. I would like to state my support for the continued use of Urban Separators along the Soos Creek Trail. This trail is a true gem in our community. I would hate to see it diminished by overdevelopment. I use it regularly as do scores of others. It’s one of the most popular trails in the area. We should do all we can to preserve it. It also appears from the map you provided, that significant land along the Green River is also protected by the Urban Separator classification. This too is a valuable recreation and conservation site in South King County. Please don’t let developers encroach on these natural areas. Thank you. Mark Rubeck Renton 7.e Packet Pg. 75 At t a c h m e n t : C o m m e n t s _ C o m p i l e d _ 0 6 - 2 5 - 2 0 1 8 ( 1 2 9 4 : U r b a n S e p a r a t o r s A l t e r n a t i v e s ) Comment #3 – Sandy Lam Received 6/22/2018 Hi, I am a Kent resident and found out about this project through Nextdoor. I have a few concerns about knocking out green space in order to make room for a growing population. Crime and traffic is what I am most upset about. My opinion probably doesn't count but I want to make sure that I speak my mind. I am a parent and starting to feel unsafe living in Kent. I've lived in the East Hill area for about 9 years now. I have a small child that goes to La Petite Academy on 132nd. Right next to the school was a patch of greenery and now will be over taken by 3 houses. I was disgusted to see that new houses would be built next to a daycare center! As a parent, this makes me feel very uneasy that strangers will be living right next to the daycare that she loves. And please note, this is not a in-home daycare! The new Arco gas station on 240th street will just lure more criminals. A few months back, the Mc Donalds/Chevron had a shooting and now there is another gas station two blocks down? That road now has 5 mini marts which I think devalues are city and makes it a hot spot for criminal activity. There are also a ton of houses for sale so not sure why we need to build new houses. Keep the greenery! Sandy 7.e Packet Pg. 76 At t a c h m e n t : C o m m e n t s _ C o m p i l e d _ 0 6 - 2 5 - 2 0 1 8 ( 1 2 9 4 : U r b a n S e p a r a t o r s A l t e r n a t i v e s ) Comment #4 – Heather Staines Received 6/25/2018 Dear Ms. Butsick, Please consider my views in Kent's decision process regarding Urban Separator zoning designations, though I cannot attend tonight. I live on the east side of Soos Creek Park, which I love and want to protect. My decisions about how to live on the land include taking care of wildlife and native plants. Watching creatures try to cope as a new purchaser next door completely clears to lawn, burns, and fences high to build a huge mansion reminds me that one parcel can be significant and any zoning designation can bring a variety of possible human activities detrimental to wildlife, clean air and water, and trees. Our rural road is increasingly clogged with vehicles, many which speed, are noisy, and leave litter. I understand the pressure to build housing, our region and nation are undersupplied at this time. In reading the Kent Land Use and Planning Board recommendation to the Kent City Council, and prior meeting minutes, I appreciate your office's careful consideration of the availability of buildable land and utilization of existing zoning options. In my view, the current market pressure makes this a time to hold on to previously enacted protections and allow them to work regionally. By making exceptions and changes for developers who want higher profits, your office could very easily make the mistake of degrading what makes Kent healthy and appealing long term, which includes open space, recreation space, clean water, trees, and wildlife. Based on my experiences in other communities, I feel that if the City of Kent, and King County, will hold the line and insist on respect for previous wise planning decisions, or even further them, development will move toward infill properties, perhaps even including making older developments more dense. It is important that this happen now and that we use some willpower. Please leave the urban separators and discourage people from seeking to change them. Please choose option 1, no action. Regarding option 3, I very much disagree with changing the equation for open space set asides as proposed. Critical areas deserve extra consideration, not to have protection effectively removed. Any parcel where that kind of formula change would make a difference to developers will also be one where it would make a greater and more lasting negative difference to wildlife. Thank you for your time and consideration. Heather Staines 7.e Packet Pg. 77 At t a c h m e n t : C o m m e n t s _ C o m p i l e d _ 0 6 - 2 5 - 2 0 1 8 ( 1 2 9 4 : U r b a n S e p a r a t o r s A l t e r n a t i v e s ) Urban Separators – Alternative 2 Draft Ordinance 1 Comprehensive Plan Amendments - Re: Urban Separators ORDINANCE NO. AN ORDINANCE of the City Council of the City of Kent, Washington, amending the Comprehensive Plan Land Use Plan Map and Zoning Districts Map for properties at the northeast side of the intersection of 108th Avenue SE and SE 200th Street. RECITALS A. The urban separator land use designation is intended to protect ecologically sensitive areas and to create open space corridors that provide visual, recreational, and wildlife benefits within and between urban growth areas. B. The 2012 King County Countywide Planning Policies (CPPs), ratified by the City of Kent February 19, 2013, contain policies to establish urban separators. The eastern portion of Kent’s urban separator lands, along Soos Creek and Panther Lake, are designated as urban separators in the King County CPPs. C. Per Kent’s 2015 comprehensive plan, all urban separator lands are to be low-density areas of no greater than one dwelling unit per acre. To implement this policy, all urban separators in Kent are zoned SR- 1 for one single family dwelling per acre. 7.f Packet Pg. 78 At t a c h m e n t : U r b a n S e p a r a t o r s _ A l t e r n a t i v e 2 _ D r a f t O r d i n a n c e ( 1 2 9 4 : U r b a n S e p a r a t o r s A l t e r n a t i v e s ) Urban Separators – Alternative 2 Draft Ordinance 2 Comprehensive Plan Amendments - Re: Urban Separators D. On September 9, 2014, the city received DKT-2014-2, requesting a rezone for property at 20628 132nd Ave. SE, in the Soos Creek area and on August 31, 2015, the city received DKT-2015-1 requesting a rezone for properties at the southwest corner of the Panther Lake urban separator area. E. On October 20, 2015, the Kent City Council approved the 2015 Comprehensive Plan Docket Report, which added the multi-year urban separators project to the Economic and Community Development Department’s 2016 work program. F. In 2017, city staff completed an Inventory and Characterization Report, and a Consistency Review Report for urban separators. These reports document critical areas, existing development conditions, and development capacity in Kent’s urban separators, and compare these characteristics to existing local, regional, and state policies pertaining to urban separators. The reports concluded that all existing urban separator focus areas serve the intended purpose of urban separators to some degree, as defined in Kent’s 2015 comprehensive plan and/or the 2012 King County Countywide Planning Policies. G. Beginning in August 2017, city staff conducted a public outreach campaign which included one-on-one interviews with developers and community members, two public open houses, a public hearing, and an online public survey, to gather public opinion regarding the best use of urban separator lands in Kent. Overwhelmingly, public opinion during the outreach campaign indicated a preference to retain urban separators as they are, particularly in the Soos Creek area. 7.f Packet Pg. 79 At t a c h m e n t : U r b a n S e p a r a t o r s _ A l t e r n a t i v e 2 _ D r a f t O r d i n a n c e ( 1 2 9 4 : U r b a n S e p a r a t o r s A l t e r n a t i v e s ) Urban Separators – Alternative 2 Draft Ordinance 3 Comprehensive Plan Amendments - Re: Urban Separators H. On April 19, 2018, the City requested a standard 60-day review from the State of Washington under RCW 36.70A.106 for the proposed amendments to KCC. Comments received on xx-xx-2018 included __________________. I. On May 31, 2018, the City conducted and completed environmental review under the State Environmental Policy Act (SEPA). The City’s SEPA Responsible Official issued a Determination of Non- Significance for the code amendments. J. At its regularly-scheduled public meeting on xx-xx-2018, the LUPB held a public hearing regarding the proposed code amendments related to permitted uses, subdivision requirements, and development standards in urban separators. After considering the matter, the LUPB voted to recommend ________of the proposed amendments to the City Council. K. On xx-xx-2018, the Economic and Community Development Committee considered the recommendations of the LUPB at its regularly- scheduled meeting, and recommended to the full City Council ________ of the proposed code amendments. L. At its regularly-scheduled meeting on xx-xx-2018, the City Council voted to ________ the amendments to the City of Kent Land Use Plan Map and Zoning Districts Map. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: ORDINANCE 7.f Packet Pg. 80 At t a c h m e n t : U r b a n S e p a r a t o r s _ A l t e r n a t i v e 2 _ D r a f t O r d i n a n c e ( 1 2 9 4 : U r b a n S e p a r a t o r s A l t e r n a t i v e s ) Urban Separators – Alternative 2 Draft Ordinance 4 Comprehensive Plan Amendments - Re: Urban Separators SECTION 1. – Incorporation of Recitals. The preceding recitals are incorporated herein by this reference and constitute the city council’s findings in this matter. SECTION 2. – Amendment – Kent Comprehensive Plan Land Use Plan Map. The Kent Comprehensive Plan Land Use Plan Map is hereby amended to reflect the revised land use plan map and zoning district designations for the properties at the northeast side of the intersection of 108th Ave. SE and SE 200th Street (parcels 6623400339, 6623400340, 6623400350, 6623400351, 6623400352, 6623400353, 6623400354, and 6623400355) from US to SF-6 as set forth in Exhibit A. SECTION 3. – Amendment – Kent Comprehensive Plan Zoning Districts Map. The City of Kent Comprehensive Plan Zoning Districts Map is amended to reflect the revised zoning district designations for the properties at the northeast side of the intersection of 108th Ave. SE and SE 200th Street (parcels 6623400339, 6623400340, 6623400350, 6623400351, 6623400352, 6623400353, 6623400354, and 6623400355) from SR-1 to SR-6 as set forth in Exhibit B. SECTION 4. – 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 5. – Corrections by City Clerk or Code Reviser. Upon approval of the city attorney, the city clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; ordinance, section, or subsection numbering; 7.f Packet Pg. 81 At t a c h m e n t : U r b a n S e p a r a t o r s _ A l t e r n a t i v e 2 _ D r a f t O r d i n a n c e ( 1 2 9 4 : U r b a n S e p a r a t o r s A l t e r n a t i v e s ) Urban Separators – Alternative 2 Draft Ordinance 5 Comprehensive Plan Amendments - Re: Urban Separators or references to other local, state, or federal laws, codes, rules, or regulations. SECTION 6. – 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: KIMBERLEY A. KOMOTO, CITY CLERK Date Adopted Date Published APPROVED AS TO FORM: ARTHUR “PAT” FITZPATRICK, CITY ATTORNEY 7.f Packet Pg. 82 At t a c h m e n t : U r b a n S e p a r a t o r s _ A l t e r n a t i v e 2 _ D r a f t O r d i n a n c e ( 1 2 9 4 : U r b a n S e p a r a t o r s A l t e r n a t i v e s ) Urban Separators Alternative 2 Exhibit A – ZCA-2016-2, Urban Separators DRAFT – April 19, 2018 7.g Packet Pg. 83 At t a c h m e n t : U r b a n S e p a r a t o r s _ A l t e r n a t i v e 2 _ D r a f t O r d i n a n c e _ E x h i b i t A ( 1 2 9 4 : U r b a n S e p a r a t o r s A l t e r n a t i v e s ) Urban Separators Alternative 2 Exhibit B – ZCA-2016-2, Urban Separators DRAFT – April 19, 2018 7.h Packet Pg. 84 At t a c h m e n t : U r b a n S e p a r a t o r s _ A l t e r n a t i v e 2 _ D r a f t O r d i n a n c e _ E x h i b i t B ( 1 2 9 4 : U r b a n S e p a r a t o r s A l t e r n a t i v e s ) Urban Separators – Alternative 3 Draft Ordinance 1 Amend Kent City Code - Re: Urban Separators ORDINANCE NO. AN ORDINANCE of the City Council of the City of Kent, Washington, amending Section 12.04.263, entitled “Clustering in urban separators”; Section 15.04.020 entitled “Residential land uses”; Section 15.04.030, entitled “Residential land use and development conditions” of the Kent City Code; and adding 15.02.144.1, entitled “Duplex with ownership interest”; pertaining to permitted uses, subdivision requirements, and development standards in urban separators. RECITALS A. The urban separator land use designation is intended to protect ecologically sensitive areas and to create open space corridors that provide visual, recreational, and wildlife benefits within and between urban growth areas. B. The 2012 King County Countywide Planning Policies (CPPs), ratified by the City of Kent February 19, 2013, contain policies to establish urban separators. The eastern portion of Kent’s urban separator lands, along Soos Creek and Panther Lake, are designated as urban separators in the King County CPPs. C. Per Kent’s 2015 comprehensive plan, all urban separator lands are to be low-density areas of no greater than one dwelling unit per 7.i Packet Pg. 85 At t a c h m e n t : U r b a n S e p a r a t o r s _ A l t e r n a t i v e 3 _ D r a f t O r d i n a n c e ( 1 2 9 4 : U r b a n S e p a r a t o r s A l t e r n a t i v e s ) Urban Separators – Alternative 3 Draft Ordinance 2 Amend Kent City Code - Re: Urban Separators acre. To implement this policy, all urban separators in Kent are zoned SR- 1 for one single family dwelling per acre. D. On September 9, 2014 the city received DKT-2014-2, requesting a rezone for property at 20628 132nd Ave. SE; and on August 31, 2015 the City received DKT-2015-1 requesting a rezone for properties at the southwest corner of the Panther Lake urban separator area. E. On October 20, 2015 the Kent City Council approved the 2015 Comprehensive Plan Docket Report, which added the multi-year urban separators project to the Economic and Community Development Department’s 2016 work program. F. In 2017, city staff completed an Inventory and Characterization Report, and a Consistency Review Report for urban separators. These reports document critical areas, existing development conditions, and development capacity in Kent’s urban separators; and compare these characteristics to existing local, regional, and state policies pertaining to urban separators. The reports concluded that all existing urban separator focus areas serve the intended purpose of urban separators to some degree, as defined in Kent’s 2015 comprehensive plan and/or the 2012 King County Countywide Planning Policies. G. Beginning in August 2017, city staff conducted a public outreach campaign which included one-on-one interviews with developers and community members, two informal public meetings, a public hearing, and an online public survey, to gather public opinion regarding the best use of urban separator lands in Kent. Overwhelmingly, public opinion indicated a preference to retain urban separators as they are and to 7.i Packet Pg. 86 At t a c h m e n t : U r b a n S e p a r a t o r s _ A l t e r n a t i v e 3 _ D r a f t O r d i n a n c e ( 1 2 9 4 : U r b a n S e p a r a t o r s A l t e r n a t i v e s ) Urban Separators – Alternative 3 Draft Ordinance 3 Amend Kent City Code - Re: Urban Separators promote the use of incentive programs to encourage preservation of open space and natural beneficial functions on private property. H. Kent’s 2015 comprehensive plan has a variety of relevant policies related to residential development. Policy LU-19.6 states that the city will “encourage well-designed land use patterns, including clustering of housing units, zero lot lines, and other techniques to protect and enhance urban separators. “ Policy LU-7 states that the city will “ensure residential development achieves a substantial portion of the allowable maximum density on the net buildable acreage.” Policy LU-7.4 says that the city will “allow a diversity of single family housing forms and strategies in all residential districts (e.g. accessory dwellings, reduced lot size, cottage or cluster housing), subject to design and development standards, to ensure minimal impact to surrounding properties.” I. Clustering is required for subdivision of land in urban separators; among other requirements, clustering requires fifty percent of the unconstrained portion of the property to be set aside as an open space tract. It also requires new lots to be clustered in groups of 8 or fewer, and clusters must be spaced at least 120 feet apart. The minimum lot size for cluster subdivisions in urban separators is 2,500 square feet. Only a single cluster subdivision has been completed since clustering requirements for urban separators were established in 2001. J. The City of Auburn, the City of Renton, and unincorporated King County also require cluster subdivisions within urban separator lands, but with less stringent requirements for open space set-asides. These jurisdictions require 50% of the entire parcel to be set aside as open space; critical areas may be included in the 50% set-aside. 7.i Packet Pg. 87 At t a c h m e n t : U r b a n S e p a r a t o r s _ A l t e r n a t i v e 3 _ D r a f t O r d i n a n c e ( 1 2 9 4 : U r b a n S e p a r a t o r s A l t e r n a t i v e s ) Urban Separators – Alternative 3 Draft Ordinance 4 Amend Kent City Code - Re: Urban Separators K. On April 20, 2018, the City requested a standard 60-day review from the State of Washington under RCW 36.70A.106 for the proposed amendments to KCC. Comments received on xx-xx-2018 included __________________. L. On May 31, 2018, the City conducted and completed environmental review under the State Environmental Policy Act (SEPA). The City’s SEPA Responsible Official issued a Determination of Non- Significance for the code amendments. M. At its regularly-scheduled public meeting on xx-xx-2018, the LUPB held a public hearing regarding the proposed code amendments related to permitted uses, subdivision requirements, and development standards in urban separators. After considering the matter, the LUPB voted to recommend ________of the proposed amendments to the City Council. N. On xx-xx-2018, the Economic and Community Development Committee considered the recommendations of the LUPB at its regularly- scheduled meeting, and recommended to the full City Council ________ of the proposed code amendments. O. At its regularly-scheduled meeting on xx-xx-2018, the City Council voted to ________ the amendments to portions of Sections 12.04.263 Clustering in urban separators; 15.04.020 Residential land uses; and 15.04.030 Residential land use and development conditions; pertaining to permitted uses, subdivision requirements, and development standards in urban separators. 7.i Packet Pg. 88 At t a c h m e n t : U r b a n S e p a r a t o r s _ A l t e r n a t i v e 3 _ D r a f t O r d i n a n c e ( 1 2 9 4 : U r b a n S e p a r a t o r s A l t e r n a t i v e s ) Urban Separators – Alternative 3 Draft Ordinance 5 Amend Kent City Code - Re: Urban Separators NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: ORDINANCE SECTION 1. – Amendment – KCC 12.04.263. Section 12.04.263 of the Kent City Code, entitled “Clustering in urban separators,” is hereby amended to read as follows: Sec. 12.04.263. Clustering in urban separators. A. All subdivisions and short subdivisions in the SR-1 zoning district shall be required to be clustered pursuant to this section when the property is located wholly or partially within an urban separator as designated on the city of Kent comprehensive land use plan map. B. Except as described in subsection (C) of this section, cluster subdivisions and short subdivisions shall be subject to the SR-8 zoning district development standards outlined in KCC Title 15. These standards include, but are not limited to, minimum lot size, width, yards, setbacks, parking, landscaping, signage, etc. C. The provisions of KCC 12.04.235 through 12.04.250, as well as other applicable portions of this chapter, shall apply unless specifically exempted. In addition, the following standards shall apply to clustered subdivisions or short subdivisions: 1. Location. The cluster residential development shall be required in the SR-1 zoning district within urban separator areas. 2. Permitted uses. The cluster residential development option shall include only single-family residential uses. Duplexes with ownership 7.i Packet Pg. 89 At t a c h m e n t : U r b a n S e p a r a t o r s _ A l t e r n a t i v e 3 _ D r a f t O r d i n a n c e ( 1 2 9 4 : U r b a n S e p a r a t o r s A l t e r n a t i v e s ) Urban Separators – Alternative 3 Draft Ordinance 6 Amend Kent City Code - Re: Urban Separators interest and townhouses with ownership interest are also permitted uses within subdivisions, pursuant to KCC 15.04.020. 3. Minimum area. No minimum area is established for a cluster residential development. 4. Permitted density. The maximum number of dwelling units permitted in a cluster development shall be no greater than the number of dwelling units allowed for the parcel as a whole for the zoning district in which it is located. 5. Lot size. The minimum lot size of individual building lots within a cluster subdivision or short subdivision is two thousand five hundred (2,500) square feet. New lots created by any subdivision or short subdivision action shall be clustered in groups not exceeding eight (8) units. There may be more than one (1) cluster per project. Separation between cluster groups shall be a minimum of one hundred twenty (120) feet. 6. Lot width. The minimum lot width for individual building lots in a cluster subdivision or short subdivision shall be thirty (30) feet. 7. Other development standards. Development standards other than lot size, lot width, and density shall be the same as are required within the SR-8 zoning district. 8. Common open space. The common open space in a cluster subdivision or short subdivision shall be a minimum of fifty (50) percent of the nonconstrained total area of the parcel,. The nonconstrained area of the parcel includes all areas of the parcel, minus including critical areas, as 7.i Packet Pg. 90 At t a c h m e n t : U r b a n S e p a r a t o r s _ A l t e r n a t i v e 3 _ D r a f t O r d i n a n c e ( 1 2 9 4 : U r b a n S e p a r a t o r s A l t e r n a t i v e s ) Urban Separators – Alternative 3 Draft Ordinance 7 Amend Kent City Code - Re: Urban Separators defined in RCW 36.70A.030(5) as currently and hereinafter amended, and buffers. The remainder of the nonconstrained area remaining fifty percent of the parcel, minus critical areas, shall be the buildable area of the parcel. The common open space tracts created by clustering shall be located and configured in the manner that best connects and increases protective buffers for environmentally sensitive areas, connects and protects area wildlife habitat, creates connectivity between the open space provided by the clustering and other adjacent open spaces as well as existing or planned public parks and trails, and maintains scenic vistas. Critical areas and buffers shall be placed in separate tracts and shall not be included in the area of individual lots. not be used in determining lot size and common open space requirements in a cluster subdivision or short subdivision. All natural features (significant stands of trees and rock outcropping), as well as critical areas (such as streams, steep slopes, and wetlands and their buffers) shall be preserved. Future development of the common open space shall be prohibited. Except as specified on recorded documents creating the common open space, all common open space resulting from lot clustering shall not be altered or disturbed in a manner that degrades adjacent environmentally sensitive areas, rural areas, agricultural areas, or resource lands; impairs scenic vistas and the connectivity between the open space provided by the clustered development and adjacent open spaces; degrades wildlife habitat; andor impairs the recreational benefits enjoyed by the residents of the development. Such common open spaces shall be conveyed to residents of the development, conveyed to a homeowners’ association for the benefit of the residents of the development, or conveyed to the city with the city’s consent and approval. 7.i Packet Pg. 91 At t a c h m e n t : U r b a n S e p a r a t o r s _ A l t e r n a t i v e 3 _ D r a f t O r d i n a n c e ( 1 2 9 4 : U r b a n S e p a r a t o r s A l t e r n a t i v e s ) Urban Separators – Alternative 3 Draft Ordinance 8 Amend Kent City Code - Re: Urban Separators SECTION 2. – Amendment – New KCC 15.02.144.1. Chapter 15.02 of the Kent City Code, entitled “Definitions,” is amended to add a new section 15.02.144.1, entitled “Duplex with ownership interest,” as follows: Sec. 15.02.114.1. Duplex with ownership interest. Duplex with ownership interest means real property formed as a duplex, where portions are designated for separate ownership and the remainder is designated for common ownership solely by the owners of those portions, with an undivided interest in the common elements vested in the unit owners. Real property is not considered a duplex with ownership interest until after a declaration encompassing and outlining the above requirements is recorded. SECTION 3. – Amendment – KCC 15.04.020. Section 15.04.020 of the Kent City Code, entitled “Residential land uses” is hereby amended to read as follows: Sec. 15.04.020. Residential land uses. Zoning Districts Key P = Principally Permitted Uses S = Special Uses C = Conditional Uses A = Accessory Uses A-10 AG SR -1 SR -3 SR -4. 5 SR -6 SR -8 MR -D MR -T1 2 MR -T1 6 MR -G MR -M MR -H MH P NC C CC DC DC E MT C -1 MT C -2 MC R CM -1 CM -2 GC M1 M1 -C M2 M3 One single-family dwelling per lot P P P P P P P P P P P P P P A (1) A (1) A (1) A (1) One duplex per lot P (27) P (27) P (27) P 7.i Packet Pg. 92 At t a c h m e n t : U r b a n S e p a r a t o r s _ A l t e r n a t i v e 3 _ D r a f t O r d i n a n c e ( 1 2 9 4 : U r b a n S e p a r a t o r s A l t e r n a t i v e s ) Urban Separators – Alternative 3 Draft Ordinance 9 Amend Kent City Code - Re: Urban Separators Zoning Districts Key P = Principally Permitted Uses S = Special Uses C = Conditional Uses A = Accessory Uses A-10 AG SR -1 SR -3 SR -4. 5 SR -6 SR -8 MR -D MR -T1 2 MR -T1 6 MR -G MR -M MR -H MH P NC C CC DC DC E MT C -1 MT C -2 MC R CM -1 CM -2 GC M1 M1 -C M2 M3 One modular home per lot P P P P P P P P P P P P Duplexes P (27) (32) P (27) P (27) P (27) P (22) P P P P P Multifamily townhouse units P (27) (32) P (27) P (27) P (27) P (19) (20) P (19) (20) P P P P (2) P (4) C (5) P P P P P (2) Multifamily dwellings P (26) P (26) P P P P (2) P (4) C (5) P P P P P (2) Mobile homes and manufactured homes P Mobile home parks P (13) P (13) P (13) P (13) P (13) P (13) P Group homes class I-A P P P P P P P P P P P P P P P P P C P P P P C Group homes class I-B P P P P P P P P P P C P P C C C Group homes class II-A C C C C C C C C C C C C C C C C Group homes class II-B C C C C C C C C C C C C C C C C Group homes class II-C C C C C C C C C C C C C C C C C Group homes class III C (23) C (23) C (23) C (23) C (23) C (23) C (23) C (23) C (23) C (23) Secure community transition facilities23. 24 Rebuild/accessory uses for existing dwellings P (6) P (6) P (6) P (6) P (6) P (6) P (6) P (6) P (6) P (6) P (6) P (6) P (6) P (6) P (6) Transitional housing P (29) P (29) P (29) P (2) P (4) C (5) P P P P P (7) C (30) P (7) C (30) Rooming and boarding of not more than three persons A A A A A A A A A A Farm worker accommodations A (17) A (9) A (17) Accessory uses and structures customarily A A A (8) (18) A (8) (18) A (8) (18) A (8) (18) A (8) (18) A (18) A (18) A (18) A (18) A (18) A (18) A A A A A A A A A A A A A A 7.i Packet Pg. 93 At t a c h m e n t : U r b a n S e p a r a t o r s _ A l t e r n a t i v e 3 _ D r a f t O r d i n a n c e ( 1 2 9 4 : U r b a n S e p a r a t o r s A l t e r n a t i v e s ) Urban Separators – Alternative 3 Draft Ordinance 10 Amend Kent City Code - Re: Urban Separators Zoning Districts Key P = Principally Permitted Uses S = Special Uses C = Conditional Uses A = Accessory Uses A-10 AG SR -1 SR -3 SR -4. 5 SR -6 SR -8 MR -D MR -T1 2 MR -T1 6 MR -G MR -M MR -H MH P NC C CC DC DC E MT C -1 MT C -2 MC R CM -1 CM -2 GC M1 M1 -C M2 M3 appurtenant to a permitted use Accessory dwelling units and guest cottages A (8) (10) A (8) (10) A (8) (10) A (8) (10) A (8) (10) A (8) (10) A (8) (10) A (8) (10) A (8) (10) A (8) (10) A (8) (10) A (8) (10) A (8) (10) A (8) (10) Accessory living quarters A (14) A (14) A (14) A (14) A (14) A (14) A (14) A (14) A (14) A (14) A (14) A (14) A (14) A (14) Live-work units P (28) Home occupations A (11) A (11) A (11) A (11) A (11) A (11) A (11) A (11) A (11) A (11) A (11) A (11) A (11) A (11) A (11) A (11) A (11) A (11) A (11) A (11) A (11) A (11) A (11) A (11) A (11) A (11) A (11) A (11) Service buildings A Storage of recreational vehicles A (16) A (16) A (16) A (16) A (16) A (16) A (16) A (16) A (16) A (16) A (16) A (16) A Drive-in churches C C C C C C C C C C C C C C C C C C C C C C C C C C Emergency housing; emergency shelter C (31) C C C C C C C C C C C C C C Independent senior living facilities C C C C C P (29) P (29) P (29) P (2) C (3) P (4) C (5) P P P P C C P (2) C (3) Assisted living facilities C C C C C P (29) P (29) P (29) P (2) C (3) P (4) C (5) P P P P C C P (2) C (3) Residential facilities with health care C C C C C P (29) P (29) P (29) P (2) C (3) P (4) C (5) P P P P C C P (2) C (3) Designated manufactured home P (25) P (25) P (25) P (25) P (25) P (25) P (25) P (25) P (25) P (25) P (25) P (25) P (25) SECTION 3. – Amendment – KCC 15.04.030. Section 15.04.030 of the Kent City Code, entitled “Residential land use development conditions” is hereby amended to read as follows: Sec. 15.04.030. Residential land use development conditions. 7.i Packet Pg. 94 At t a c h m e n t : U r b a n S e p a r a t o r s _ A l t e r n a t i v e 3 _ D r a f t O r d i n a n c e ( 1 2 9 4 : U r b a n S e p a r a t o r s A l t e r n a t i v e s ) Urban Separators – Alternative 3 Draft Ordinance 11 Amend Kent City Code - Re: Urban Separators 1. Dwelling units, limited to not more than one per establishment, for security or maintenance personnel and their families, when located on the premises where they are employed in such capacity. No other residential use shall be permitted. 2. Multifamily residential uses, or other residential facilities where allowed, are only permissible in a mixed use overlay and must be included within a mixed use development. 3. Assisted living facilities, residential facilities with health care, and independent senior living facilities, when not combined with commercial or office uses, require a conditional use permit and are subject to the following conditions: a. Must be located within a half mile of publicly accessible amenities in at least three of the following categories, as determined by the economic and community development director. The distance shall be measured as the shortest straight-line distance from the property line of the proposed facility to the property line of the entities listed below: i. Public park or trail, as identified in the city’s most recently adopted park and open space plan, or owned or maintained by any agency of the state, or any political subdivision thereof; ii. Preschool, elementary, or secondary school (public or private); iii. Indoor recreational center (community center, senior center, physical recreation facility, bingo or casino hall); 7.i Packet Pg. 95 At t a c h m e n t : U r b a n S e p a r a t o r s _ A l t e r n a t i v e 3 _ D r a f t O r d i n a n c e ( 1 2 9 4 : U r b a n S e p a r a t o r s A l t e r n a t i v e s ) Urban Separators – Alternative 3 Draft Ordinance 12 Amend Kent City Code - Re: Urban Separators iv. Church, religious institution, or other place of worship; v. Cultural arts center (theater, concert hall, artistic, cultural, or other similar event center); vi. Retail services, including, but not limited to: medical services; food and beverage establishments; shopping centers; or other commercial services that are relevant (reasonably useful or germane) to the residents of the proposed facility, as determined by the city’s economic and community development director. b. Alternatively, if the facility provides amenities in one or more of the categories listed in subsection (3)(a) of this section on the ground floor of the facility itself, oriented towards the public (meaning that they are visible, accessible and welcoming), the number of other amenities to which a half-mile proximity is required may be reduced, at the discretion of the city’s economic and community development director. 4. Multifamily residential uses, or other residential facilities where allowed, when established in buildings with commercial or office uses, and not located on the ground floor. 5. Multifamily residential uses, or other residential facilities where allowed, when not combined with commercial or office uses. 6. Existing dwellings may be rebuilt, repaired, and otherwise changed for human occupancy. Accessory buildings for existing dwellings may be constructed subject to the provisions of KCC 15.08.160. 7.i Packet Pg. 96 At t a c h m e n t : U r b a n S e p a r a t o r s _ A l t e r n a t i v e 3 _ D r a f t O r d i n a n c e ( 1 2 9 4 : U r b a n S e p a r a t o r s A l t e r n a t i v e s ) Urban Separators – Alternative 3 Draft Ordinance 13 Amend Kent City Code - Re: Urban Separators 7. Transitional housing facilities, limited to a maximum of 20 residents at any one time, plus up to four resident staff. 8. Accessory structures composed of at least two walls and a roof, not including accessory uses or structures customarily appurtenant to agricultural uses, are subject to the provisions of KCC 15.08.160. 9. Farm dwellings appurtenant to a principal agricultural use for the housing of farm owners, operators, or employees, but not accommodations for transient labor. 10. Accessory dwelling units shall not be included in calculating the maximum density. Accessory dwelling units are allowed only on the same lot with a principally permitted detached single-family dwelling unit, and are subject to the provisions of KCC 15.08.160 and 15.08.350. 11. Customary incidental home occupations subject to the provisions of KCC 15.08.040. 12. [Reserved]. 13. Subject to the combining district requirements of the mobile home park code, Chapter 12.05 KCC. 14. Accessory living quarters are allowed per the provisions of KCC 15.08.359. 15. [Reserved]. 7.i Packet Pg. 97 At t a c h m e n t : U r b a n S e p a r a t o r s _ A l t e r n a t i v e 3 _ D r a f t O r d i n a n c e ( 1 2 9 4 : U r b a n S e p a r a t o r s A l t e r n a t i v e s ) Urban Separators – Alternative 3 Draft Ordinance 14 Amend Kent City Code - Re: Urban Separators 16. Recreational vehicle storage is permitted as an accessory use in accordance with KCC 15.08.080. 17. Accommodations for farm operators and employees, but not accommodations for transient labor. 18. Other accessory uses and buildings customarily appurtenant to a permitted use, except for onsite hazardous waste treatment and storage facilities, which are not permitted in residential zones. 19. The following zoning is required to be in existence on the entire property to be rezoned at the time of application for a rezone to an MR-T zone: SR-8, MR-D, MR-G, MR-M, MR-H, NCC, CC, GC, DC, or DCE. 20. All multifamily townhouse developments in an MR-T zone shall be recorded as townhouses with ownership interest, as defined in KCC 15.02.525.1, prior to approval of a certificate of occupancy by the city. 21. [Reserved]. 22. One duplex per lot is permitted. 23. Secure community transition facilities are only permitted within the boundaries depicted on the following map, and only with a conditional use permit: 24. A secure community transition facility shall also comply with applicable state siting and permitting requirements pursuant to Chapter 71.09 RCW. Secure community transition facilities are not subject to the siting criteria of KCC 15.08.280 for class III group homes, but they are 7.i Packet Pg. 98 At t a c h m e n t : U r b a n S e p a r a t o r s _ A l t e r n a t i v e 3 _ D r a f t O r d i n a n c e ( 1 2 9 4 : U r b a n S e p a r a t o r s A l t e r n a t i v e s ) Urban Separators – Alternative 3 Draft Ordinance 15 Amend Kent City Code - Re: Urban Separators subject to a 600-foot separation from any other class II or III group home. In no case shall a secure community transition facility be sited adjacent to, immediately across the street or parking lot from, or within the line of sight of risk-potential activities or facilities in existence at the time a site is listed for consideration. Within line of sight means that it is possible to reasonably visually distinguish and recognize individuals. For the purposes of granting a conditional use permit for siting a secure community transition facility, the hearing examiner shall consider an unobstructed visual distance of 600 feet to be within line of sight. During the conditional use permit process for a secure community transition facility, line of sight may be considered to be less than 600 feet if the applicant can demonstrate that visual barriers exist or can be created that would reduce the line of sight to less than 600 feet. This distance shall be measured by following a straight line, without regard to intervening buildings, from the nearest point of the property or parcel upon which the proposed use is to be located, to the nearest point of the parcel or property or the land use district boundary line from which the proposed use is to be separated. For the purpose of granting a conditional use permit for a secure community transition facility, the hearing examiner shall give great weight to equitable distribution so that the city shall not be subject to a disproportionate share of similar facilities of a statewide, regional, or countywide nature. 25. A designated manufactured home is a permitted use with the following conditions: a. A designated manufactured home must be a new manufactured home; b. The designated manufactured home shall be set upon a permanent foundation, as specified by the manufacturer, and the space 7.i Packet Pg. 99 At t a c h m e n t : U r b a n S e p a r a t o r s _ A l t e r n a t i v e 3 _ D r a f t O r d i n a n c e ( 1 2 9 4 : U r b a n S e p a r a t o r s A l t e r n a t i v e s ) Urban Separators – Alternative 3 Draft Ordinance 16 Amend Kent City Code - Re: Urban Separators from the bottom of the home to the ground shall be enclosed by concrete or an approved concrete product that can be either load-bearing or decorative; c. The designated manufactured home shall comply with all city design standards applicable to all other single-family homes; d. The designated manufactured home shall be thermally equivalent to the State Energy Code; and e. The designated manufactured home shall meet all other requirements for a designated manufactured home as defined in RCW 35.63.160. 26. Multifamily dwellings shall be allowed only within the Kent downtown districts outlined in the Downtown Subarea Action Plan and shall be condominiums recorded pursuant to Chapter 64.32 or 64.34 RCW or similar dwelling units with ownership interest and recorded as such prior to approval of a certificate of occupancy by the city. 27. Within subdivisions, as defined by KCC 12.04.025, vested after March 22, 2007, or altered to comply with zoning and subdivision code amendments effective after March 22, 2007, 25 percent of the total number of permitted dwelling units may be duplex or triplex townhouse structures. 28. Live-work units; provided, that the following development standards shall apply for live-work units, in addition to those set forth in KCC 15.04.190: 7.i Packet Pg. 100 At t a c h m e n t : U r b a n S e p a r a t o r s _ A l t e r n a t i v e 3 _ D r a f t O r d i n a n c e ( 1 2 9 4 : U r b a n S e p a r a t o r s A l t e r n a t i v e s ) Urban Separators – Alternative 3 Draft Ordinance 17 Amend Kent City Code - Re: Urban Separators a. The unit shall contain a cooking space and sanitary facility in conformance with applicable building standards; b. Adequate and clearly defined working space must constitute no less than 50 percent of the gross floor area of the live-work unit. Said working space shall be reserved for and regularly used by one or more persons residing there; c. At least one resident in each live-work unit shall maintain at all times a valid city business license for a business on the premises; d. Persons who do not reside in the live-work unit may be employed in the live-work unit when the required parking is provided; e. Customer and client visits are allowed when the required parking is provided; f. No portion of a live-work unit may be separately rented or sold as a commercial space for a person or persons not living on the premises, or as a residential space for a person or persons not working on the premises; g. [Reserved]; h. Construct all nonresidential space, to the maximum allowed, to commercial building standards; and i. Provide an internal connection between the residential and nonresidential space within each unit. 7.i Packet Pg. 101 At t a c h m e n t : U r b a n S e p a r a t o r s _ A l t e r n a t i v e 3 _ D r a f t O r d i n a n c e ( 1 2 9 4 : U r b a n S e p a r a t o r s A l t e r n a t i v e s ) Urban Separators – Alternative 3 Draft Ordinance 18 Amend Kent City Code - Re: Urban Separators 29. Subject to the maximum permitted density of the zoning district. For assisted living facilities, residential facilities with health care, and independent senior living facilities, each residential care unit is considered one dwelling unit for purposes of density calculations. 30. Conditional use when the number of residents exceeds 20 at any one time or more than four resident staff. 31. Emergency housing is an allowed conditional use in the MR-D zone only in conjunction with an approved conditional use permit, and subject to the following additional conditions: a. The emergency housing facility must be located on the same lot as an actively operating church or similar religious institution, and the lot must be a minimum of two acres in size; b. The emergency housing facility must be located within a permanent, enclosed building; c. The building footprint of the emergency housing facility cannot exceed the building footprint of the church or similar religious institution that exists on the same lot; d. The church or similar religious institution on the same lot as the emergency housing facility shall be primarily liable for the operation and maintenance of the facility itself, as well as the conduct of the residents of the facility on and in the immediate vicinity of the lot, to the maximum extent permitted by law, regardless of whether the organization contracts with a third party for the provision of any services related to the facility itself or its residents; and 7.i Packet Pg. 102 At t a c h m e n t : U r b a n S e p a r a t o r s _ A l t e r n a t i v e 3 _ D r a f t O r d i n a n c e ( 1 2 9 4 : U r b a n S e p a r a t o r s A l t e r n a t i v e s ) Urban Separators – Alternative 3 Draft Ordinance 19 Amend Kent City Code - Re: Urban Separators e. The emergency housing facility shall comply with the setbacks and landscaping requirements for churches, as identified in KCC 15.08.020(A). 32. Duplexes and multifamily townhouses shall be recorded as duplexes with ownership interest or townhouses with ownership interest, as defined in KCC 15.02.525.1 and KCC 15.02.114.1 prior to approval of a certificate of occupancy by the city. SECTION 4. – 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 5. – Corrections by City Clerk or Code Reviser. Upon approval of the city attorney, the city clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; ordinance, section, or subsection numbering; or references to other local, state, or federal laws, codes, rules, or regulations. SECTION 6. – 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: 7.i Packet Pg. 103 At t a c h m e n t : U r b a n S e p a r a t o r s _ A l t e r n a t i v e 3 _ D r a f t O r d i n a n c e ( 1 2 9 4 : U r b a n S e p a r a t o r s A l t e r n a t i v e s ) Urban Separators – Alternative 3 Draft Ordinance 20 Amend Kent City Code - Re: Urban Separators KIMBERLEY A. KOMOTO, CITY CLERK Date Adopted Date Published APPROVED AS TO FORM: ARTHUR “PAT” FITZPATRICK, CITY ATTORNEY 7.i Packet Pg. 104 At t a c h m e n t : U r b a n S e p a r a t o r s _ A l t e r n a t i v e 3 _ D r a f t O r d i n a n c e ( 1 2 9 4 : U r b a n S e p a r a t o r s A l t e r n a t i v e s ) ECONOMIC AND COMMUNITY DEVELOPMENT COMMITTEE Kurt Hanson, Economic and Community Development Director 220 Fourth Avenue S, Kent, WA 98032 253-856-5454 DATE: July 9, 2018 TO: Economic and Community Development Committee SUBJECT: King County Cities Climate Collaboration (K4C) SUMMARY: The King County Cities Climate Collaboration (K4C) is a regional organization committed to collaboration on climate change issues; to become a member, partner jurisdictions must commit to the K4C scope of work, as well as to dedicating funding and resources. Partner jurisdictions pay an annual membership fee based on population; Kent’s contribution would be $2,500. All partner jurisdictions must also appoint a primary and alternate designee (typically mayor or council members), commit to the K4C scope of work, and commit to participation in annual Elected Official Summits and ongoing time-sensitive state-level policy discussions. The K4C can serve as a resource for its members. Member support includes letters of support on grant applications, regional code collaboration (research and drafting model ordinances), and letters of support for important plans or projects with climate implications. Staff will be available at the July 9 meeting to provide information on the K4C, and request feedback from committee members on Kent’s potential participation with the K4C. SUPPORTS STRATEGIC PLAN GOAL: Thriving City, Evolving Infrastructure, Innovative Community, Sustainable Services ATTACHMENTS: 1. King County K4C (PDF) 2. K4C - Interlocal Agreement - FINAL (PDF) 3. 5. 2018 - Attachment A - K4C 2018 Workplan and Budget (DOCX) 8 Packet Pg. 105 KING COUNTY CITIES CLIMATE COLLABORATION (K4C) Economic and Community Development Committee July 9, 2018 8.a Packet Pg. 106 At t a c h m e n t : K i n g C o u n t y K 4 C ( 1 2 9 5 : K i n g C o u n t y C i t i e s C l i m a t e C o l l a b o r a t i o n ( K 4 C ) ) K4C IS ABOUT COLLABORATION ON CLIMATE CHANGE ISSUES Collaboration between city and county staff on: Outreach – messaging and tools for climate change Coordination – consistent standards, benchmarks, strategies and goals for responding to climate change Solutions – success stories, challenges, data, and products Funding and Resources – grants, and other shared resources 8.a Packet Pg. 107 At t a c h m e n t : K i n g C o u n t y K 4 C ( 1 2 9 5 : K i n g C o u n t y C i t i e s C l i m a t e C o l l a b o r a t i o n ( K 4 C ) ) MEMBERSHIP REQUIRES COMMITMENT, AND DOLLARS: Members are required to pay an annual fee based on population. $2,500 is Kent’s expected contribution, prorated for mid-year registration Appoint one designee and one alternate (Mayor or Council Members) Climate Policy Discussions: time-sensitive, state level policy discussions Elected Official Summits: Annually share data about climate impacts, review shared progress on climate and energy commitments 8.a Packet Pg. 108 At t a c h m e n t : K i n g C o u n t y K 4 C ( 1 2 9 5 : K i n g C o u n t y C i t i e s C l i m a t e C o l l a b o r a t i o n ( K 4 C ) ) MEMBERSHIP REQUIRES COMMITMENT, AND DOLLARS (CONT.): Members must sign an interlocal agreement that includes: Shared Goals: Share data on greenhouse gases, emission sources, and trends; fund and use metric platform Energy Supply: engage with utility providers; support technical analysis of local efficiency and renewable energy; extend Fund to Reduce Energy Demand (FRED) to K4C partners Transportation/Land Use: support alternative/clean energy; support transit use; pursue funding and policy/infrastructure support for electric vehicles, TOD, and other ways to reduce emissions; enhance information sharing Green Building + Energy Efficiency: partner on initiatives, policies, and code collaboration to support efficient building and green building policies and codes; advocate for strong state energy codes for commercial and multifamily buildings Collaboration: Green Building Task Force (King County Solid Waste Division); Regional Code Collaboration (jurisdictions outside of King County); Sustainable Cities Roundtables 8.a Packet Pg. 109 At t a c h m e n t : K i n g C o u n t y K 4 C ( 1 2 9 5 : K i n g C o u n t y C i t i e s C l i m a t e C o l l a b o r a t i o n ( K 4 C ) ) K4C IS A RESOURCE FOR ITS MEMBERS: Examples: Grant applications: City of Tukwila Congress for New Urbanism (CNU) grant; visioning for a new Tukwila International Blvd. corridor Code Collaboration Committee: ideas on how to adapt code for: water conservation, sustainable transportation, energy efficiency, materials conservation Letters of support: letter to WUTC on PSE’s plan for Colstrip power plant; letter to WA State Climate Leg. & Exec. Workgroup in support of bold climate action; di li G Il’ li l 8.a Packet Pg. 110 At t a c h m e n t : K i n g C o u n t y K 4 C ( 1 2 9 5 : K i n g C o u n t y C i t i e s C l i m a t e C o l l a b o r a t i o n ( K 4 C ) ) QUESTIONS? 8.a Packet Pg. 111 At t a c h m e n t : K i n g C o u n t y K 4 C ( 1 2 9 5 : K i n g C o u n t y C i t i e s C l i m a t e C o l l a b o r a t i o n ( K 4 C ) ) Page 1 INTERLOCAL AGREEMENT FOR CLIMATE COLLABORATION This Agreement (“Agreement”) is entered into pursuant to Chapter 39.34 RCW among participating Cities of King County, (hereinafter referred to as the "Cities"), and King County, (hereinafter referred to as the "County"), 201 S. Jackson, Suite 701, Seattle, WA 98104 (collectively, “the Parties”) Chapter 39.34 RCW. Whereas, we, King County and the undersigned Cities of King County, wish to work together to directly respond to climate change and reduce global and local sources of climate pollution; Whereas, we believe that by working together we can increase our efficiency and effectiveness in making progress towards this goal; Whereas, we are interested in achieving this goal in a way that builds a cleaner, stronger and more resilient regional economy; Whereas, we are interested in focusing on local solutions to leverage and partner with related collaborative efforts; Whereas, partnering on sustainable solutions will advance progress towards Cities’ environmental, climate change, and energy goals such as those adopted by the nearly half of King County Cities that have signed on to the U.S. Conference of Mayors Climate Protection Agreement; NOW, THEREFORE, the Cities and King County mutually agree as follows: 1. Purpose and Scope of this Agreement 1.1 The purpose of this Agreement is to outline responsibilities and tasks related to the County and Cities that are voluntarily participating in the King County- Cities Climate Collaboration. The Parties will develop and coordinate on the following efforts: (a) Outreach: Develop, refine, and utilize messaging and tools for climate change outreach to engage decision makers, other cities, and the general public. (b) Coordination: Collaborate on adopting consistent standards, benchmarks, strategies, and overall goals related to responding to climate change. (c) Solutions: Share local success stories, challenges, data and products that support and enhance climate mitigation efforts by all partners. 8.b Packet Pg. 112 At t a c h m e n t : K 4 C - I n t e r l o c a l A g r e e m e n t - F I N A L ( 1 2 9 5 : K i n g C o u n t y C i t i e s C l i m a t e C o l l a b o r a t i o n ( K 4 C ) ) Page 2 (d) Funding and resources: Collaborate to secure grant funding and other shared resource opportunities to support climate related projects and programs. 1.2 It is not the purpose or intent of this Agreement to create, supplant, preempt or supersede the authority or role of any individual Party. 1.3 All tools, outreach materials, data, collaborative efforts, and other resources that are developed as part of this Agreement are optional for Cities and King County to adopt or utilize. 2. Organization 2.1 Each Party shall appoint one designee and an alternate to serve as its representative. Upon the effective execution of this Agreement and the appointment of designees and alternate designees for each Party, designees shall meet and choose, according to the voting provisions of this section, representatives to serve as Chair and Vice Chair to oversee and direct the activities associated with meetings including the development of the agendas, running the meeting and providing leadership. 2.2. No action or binding decision will be taken without the presence of a quorum of active designees or alternates. A quorum exists if a majority of the designees present at the meeting. Each designee shall have an equal vote, with a supermajority vote of 75% of all designees being required to approve the final scope of the collaboration program or amend the scope. Any vote to increase the amount of funding required by each Party, however, shall only be binding on those who specifically agree to such increase. 2.3 Designees shall have the authority and mandate to administer the Tasks outlined in Section 3. 2.4 Designees may approve a Request for Qualifications (RFQ) to secure a vendors or consultants needed to accomplish any Task, and shall interview one or more applicants and make an appointment provided sufficient funds are available. 2.5 Designees shall meet and report on a quarterly basis to ensure that Tasks are efficiently, effectively and responsibly delivered in the performance of this Agreement, including the allocation of resources. 2.6 Designees shall develop an initial annual work plan and budget which will be finalized within one month of approval of the Agreement by the Parties. Subsequent annual work plans will be developed and approved on or before the anniversary of the adoption of the first years’ work plan in conjunction 8.b Packet Pg. 113 At t a c h m e n t : K 4 C - I n t e r l o c a l A g r e e m e n t - F I N A L ( 1 2 9 5 : K i n g C o u n t y C i t i e s C l i m a t e C o l l a b o r a t i o n ( K 4 C ) ) Page 3 with budget planning for consideration and adoption by the Parties’ legislative bodies. 2.7 If direct payment in support of the annual work plan, such as for consultant services or hiring staff, can be arranged by participating Cities, this is preferred. If direct payment occurs, these funds will be accounted for towards that city’s contribution. If this is not possible, funds collected from any source on behalf of the Parties shall be maintained in a special fund by the County as ex officio treasurer on behalf of the Collaboration. The County shall also serve as the contractual agent for the Parties in acquiring any serviced needed to complete Tasks of the Agreement. 3. Tasks 3. 1 Climate Collaboration Work Plan. Finalize the Scope of Work for this King County-Cities Collaboration consistent with this Agreement. This will take place after commencement per Section 5 of this Agreement and is funding-dependent. 3.2 Sustain the King County Cities Climate Collaboration (Budget $10,000) Pay necessary expenses to support expansion of the King County SWD GreenTools Roundtable program to include every other-month forums on climate-related sustainability issues. The Roundtables will be held at various venues throughout King County and topics will focus on the collaborative actions highlighted in the King County-Cities Climate Pledge: outreach, coordination, solutions, funding and resources. Speakers will include King County and City staff and other invited partners. 3.3 Hire a staff member, partial staff member, or consultant to support achieving the priorities identified in the King County-Cities Climate Pledge (Budget $9,000-$80,000 depending on commitments made) (a) The staff member will help lead implementation of the King County- Cities Climate Collaboration initiatives, including but not limited to: sustainable transportation; clean fuel vehicles; community energy retrofits; renewable energy projects; community outreach; and other topics defined and agreed upon in the final Scope of Work or annual Work Plans. Staff could develop and implement a general countywide program that supports City sustainability projects or programs. Staffing options include hiring a part- to full-time staff from King County or a participating King County City to lead the effort 8.b Packet Pg. 114 At t a c h m e n t : K 4 C - I n t e r l o c a l A g r e e m e n t - F I N A L ( 1 2 9 5 : K i n g C o u n t y C i t i e s C l i m a t e C o l l a b o r a t i o n ( K 4 C ) ) Page 4 (b) Products that will be developed, to be clarified in the process of finalizing the Scope of Work, and dependent on funding, include: 1. Directory of local climate solutions related resources to include: a. County technical expert pool. A list of relevant County technical experts on staff that already support city sustainability projects and programs. This could be expanded with mechanisms for cities to directly contract with County staff to support implementation of specific projects and programs. b. Technical experts from all participating jurisdictions that could help support other cities’ efforts, share local success stories, or potentially be contracted out to work with other cities. c. Technical experts from academia, research institutions, utilities and other organizations. d. List of consultants with local experience and expertise on a diverse range of climate and sustainability related functions. e. Best practices and lessons learned from relevant local projects and programs. 2. Symposium for city and County staff focused on local climate solutions. 3. Forum for all local technical experts – a broader group than those engaged in the King County-Cities Climate Collaboration – to share information and best practices 4. Opportunities for local governments to increase understanding and gather information on specific climate change mitigation efforts. 5. Other products as defined and agreed upon in the process of finalizing the Scope of Work, provided they are consistent with the King County-Cities Climate Pledge and focused on sustainability and climate change related outreach, coordination, solutions, or funding and resources. 4. Funding 4.1 The minimum required financial contribution for each King County City to participate in this Agreement is shown below. In no event shall the Cities be responsible for amounts incurred by King County in excess of what is set forth in this Agreement without an amendment according to the terms hereof. 8.b Packet Pg. 115 At t a c h m e n t : K 4 C - I n t e r l o c a l A g r e e m e n t - F I N A L ( 1 2 9 5 : K i n g C o u n t y C i t i e s C l i m a t e C o l l a b o r a t i o n ( K 4 C ) ) Page 5 4.2 To the extent this Agreement is renewed annually, the Parties shall update the work plan and contribute funds to King County for estimated costs, as described below, in advance of services provided. Any funds not used in any given year will be used in the execution of the following year’s Work Plan or refunded, on a proportional basis based on initial contributions, within forty-five (45) days in the event of a Party’s termination of this Agreement. 4.3 The Parties represent that funds for service provision under this Agreement have been appropriated and are available. To the extent that such service provision requires future appropriations beyond current appropriation authority, the obligations of each Party are contingent upon the appropriation of funds by that Party's legislative authority to complete the activities described herein. If no such appropriation is made, the Agreement shall terminate as to that Party provided the Party provides notice of termination prior to the other parties prior to the adoption of the annual work plan per Section 2.6. 8.b Packet Pg. 116 At t a c h m e n t : K 4 C - I n t e r l o c a l A g r e e m e n t - F I N A L ( 1 2 9 5 : K i n g C o u n t y C i t i e s C l i m a t e C o l l a b o r a t i o n ( K 4 C ) ) Page 6 5. Duration This Agreement is effective upon execution by King County and a minimum of eight King County Cities which will contribute at least $9,000 total, after approval by the legislative body of each Party. The Agreement will be posted on the web site of each Party after authorization in accordance with RCW 39.34.040. and .200. The Agreement will have a term of one year and will automatically renew each year unless terminated as provided in Section 7. 6. Latecomers Non-party King County cities may opt into this Agreement at any time. If cities join after an annual work is finalized, they will pay a pro-rated amount, calculated as the preceding year’s annual financial contribution for that jurisdiction multiplied by the percentage of the remaining time in the year. 7. Termination 7.1 In addition to termination for lack of appropriation under Section 5, a Party may end its participation in this Agreement upon written notice to the other Parties prior to October 1st to be effective at the end of the calendar year. Except as set forth in 7.2, no refunds will be paid to individual Parties who terminate. 7.2 In the event of individual terminations that result in fewer than eight remaining City participants, this Agreement shall be deemed terminated and all funding remaining after all services, fees and costs incurred to that date are paid, shall be returned by King County to the remaining participants pro rata based on their original relative contribution amounts. Such payment shall be made within forty-five (45) days of the termination date. 8. Communications The following persons shall be the contact person for all communications regarding the performance of this Agreement. King County City of Matt Kuharic King County Department of Natural Resources and Parks Director’s Office 201 South Jackson, Suite 701, Seattle, WA 98104 Phone: 206-477-4554 Phone: E-mail address: matt.kuharic@kingcounty.gov Email address: 8.b Packet Pg. 117 At t a c h m e n t : K 4 C - I n t e r l o c a l A g r e e m e n t - F I N A L ( 1 2 9 5 : K i n g C o u n t y C i t i e s C l i m a t e C o l l a b o r a t i o n ( K 4 C ) ) Page 7 9. Indemnification To the extent permitted by state law, and for the limited purposes set forth in this Agreement, each Party shall protect, defend, hold harmless and indemnify the other Parties to include the officers, employees, agents and contractors of the Party, while acting within the scope of their employment as such, from and against any and all claims (including demands, suits, penalties, liabilities, damages, costs, expenses, or losses of any kind or nature whatsoever) arising out of or in any way resulting from such Party’s own negligent acts or omissions, torts and wrongful or illegal acts related to such Party’s participation and obligations under this Agreement. Each Party agrees that its obligations under this subsection extend to any claim, demand and/or cause of action brought by or on behalf of any of its employees or agents. For this purpose, each Party, by mutual negotiation, hereby waives, with respect to the other Parties only, any immunity that would otherwise be available against such claims under the industrial insurance act provisions of Title 51 RCW. The provisions of this subsection shall survive and continue to be applicable to Parties exercising the right of termination pursuant to this Agreement. In no event do the Parties intend to assume any responsibility, risk or liability of any other Party or otherwise with regard to any Party’s duties or regulations. 10. Compliance with All Laws and Regulations The Parties shall comply with all applicable local, state, and federal laws, regulations and standards necessary for the performance of this Agreement. 11. Non- exclusive Program Nothing herein shall preclude any Party from choosing or agreeing to fund or implement any work, activities or projects associated with any of the purposes hereunder by separate agreement or action. 12. No Third Party Rights Nothing contained in this Agreement is intended to, nor shall it be construed to, create any rights in any third party, or to form the basis for any liability on the part of any Party , or their officers, elected officials, agents and employees, to any third party. 13. Amendments This Agreement may be amended, altered or clarified only the unanimous consent of the Parties represented by affirmative action of their legislative bodies. 8.b Packet Pg. 118 At t a c h m e n t : K 4 C - I n t e r l o c a l A g r e e m e n t - F I N A L ( 1 2 9 5 : K i n g C o u n t y C i t i e s C l i m a t e C o l l a b o r a t i o n ( K 4 C ) ) Page 8 14. Entire Agreement This Agreement is a complete expression of the intent of the Parties and any oral or written representations or understandings not incorporated herein are excluded. 15. Waiver Waiver of any default shall not be deemed to be waiver of any subsequent default. Waiver of breach of any provision of this Agreement shall not be deemed to be a waiver of any other or subsequent breach and shall not be construed to be a modification of the terms of the Agreement unless stated to be such through written approval by the Parties which shall be attached to the original Agreement. 16. RCW 39.34 Required Clauses a) Purpose. See Section 1 above b) Duration. See Section 5 above. c) Organization of separate entity and its powers. No new or separate legal or administrative entity is created to administer the provisions of this Agreement. d) Responsibilities of the Parties. See provisions above. e) Agreement to be filed and recorded. The City shall file this Agreement with its City Clerk. The County shall place this Agreement on its web site. The Agreement shall also be recorded. f) Financing. Each Party shall be responsible for the financing of its contractual obligations under its normal budgetary process. g) Termination. See Section 7 above. 17. Counterparts This Agreement may be executed in counterparts. The persons signing below, who warrant they have the authority to execute this Agreement. By: By: Dow Constantine King County Executive Date: ___________________________ Mayor City of Date: _________________________ 8.b Packet Pg. 119 At t a c h m e n t : K 4 C - I n t e r l o c a l A g r e e m e n t - F I N A L ( 1 2 9 5 : K i n g C o u n t y C i t i e s C l i m a t e C o l l a b o r a t i o n ( K 4 C ) ) Attachment A King County-Cities Climate Collaboration (K4C) 2018 Work Plan and Budget Prepared per Motion 14449 8.c Packet Pg. 120 At t a c h m e n t : 5 . 2 0 1 8 - A t t a c h m e n t A - K 4 C 2 0 1 8 W o r k p l a n a n d B u d g e t ( 1 2 9 5 : K i n g C o u n t y C i t i e s C l i m a t e C o l l a b o r a t i o n ( K 4 C ) ) 2 This report has been developed to provide information about the King County-Cities Climate Collaboration (K4C)1 2018 Work Plan and Budget, as required by King County Council Motion 14449 which states: B. Consistent with Ordinance 17285, which authorized the Interlocal Agreement for the King County-Cities Climate Collaboration, the executive is requested to coordinate with staff of the transportation, economy and environment committee, or its successor, in developing the annual work plans and budget for the King County-Cities Climate Collaboration under the interlocal agreement. The executive is requested to submit by January 31, and every year thereafter, the King County-Cities Climate Collaboration annual work plan and budget to the council for acceptance by motion. Background: Elected Official and K4C Partner Guidance on K4C Priorities K4C partners have collaboratively developed a Letter of Commitment, Principles for Collaboration, and Joint County-City Climate Commitments2 ( K4C’s Joint Commitments) - that will help get the region on track towards shared and ambitious countywide, community scale climate change and greenhouse gas reduction targets formally adopted by King County and 39 King County Cities through the Growth Management Planning Council. As of the end of 2017, the K4C’s Joint Commitments have been formally endorsed by the chief elected official of thirteen of fourteen K4C partners - that together represent three quarters of the County’s population. The K4C’s Joint Commitments serve as the anchor and guiding document informing the work plan and activities of the K4C. Recognizing that K4C partners cannot implement all of the K4C’s Joint Commitments at once, partners are currently focusing on areas that: maximize greenhouse gas (GHG) emissions reduction potential; recognize an appropriate and strategic role for K4C; pursue untapped potential or opportunity; and/or represent an opportunity for political action or partnership among K4C partners, Washington State agencies, energy utilities, and others. Based on alignment with the K4C’s Joint Commitments, a series of six elected official summits between 2014 and 2017, and decisions at the Fall 2017 K4C staff retreat, below is a summary of 2018 K4C work plan and budget priorities. Beyond these priority focus areas, the K4C will continue to collaborate on other K4C Joint Commitment areas, for example through hosting 2018 Sustainable Cities Roundtable on climate related topics. 2018 Work Plan: K4C Joint Commitment Priorities The K4C’s 2018 Work Plan commitments focus on the following areas, organized by relevant section of the K4C’s Joint Commitments: 1 To learn more about the K4C: www.kingcounty.gov/climate/pledge 2 The K4C’s Joint Commitments: https://your.kingcounty.gov/dnrp/library/dnrp-directors-office/climate/2016-K4C- LetterOfCommitments.pdf 8.c Packet Pg. 121 At t a c h m e n t : 5 . 2 0 1 8 - A t t a c h m e n t A - K 4 C 2 0 1 8 W o r k p l a n a n d B u d g e t ( 1 2 9 5 : K i n g C o u n t y C i t i e s C l i m a t e C o l l a b o r a t i o n ( K 4 C ) ) 3 1. Shared Goals  Partner to share data on countywide greenhouse gas (GHG) emissions sources and trends, including through a project led by the City of Bellevue and ICLEI-Local Governments for Sustainability to better assess the drivers and trends in local sources of community level GHG emissions.  Partner to fund and use Scope 5, a web-based GHG emissions and sustainability metric measurement platform for K4C partners that is transparent, current, and provides consistency across agencies. 2. Energy Supply  Continue engagement between elected officials, Puget Sound Energy, Seattle City Light, and state utility regulators to work toward a renewable energy-powered future, with accelerated coal phase-out and limitation of new natural gas-based electricity.  Use K4C expertise to support a technical analysis of local efficiency and renewable energy potential, as part of a Clean Electricity Pathways Planning Project, including outlining and engaging with elected officials regarding what K4C partners can do to achieve that potential.  Collaborate to extend King County’s Fund to Reduce Energy Demand (FRED) program to K4C partners. 3. Transportation and Land Use  Support increased use of alternative fuels and clean technologies in K4C partner fleet  Explore more possibilities for people throughout the county to access the frequent transit network, expanding opportunities for travel and decreasing reliance on single occupant vehicles, including opportunities to expand alternative transit services and ridesharing.  Pursue funding opportunities for electric vehicles and related technologies, transportation- oriented developments, and other strategies that reduce transportation emissions and single occupancy vehicle use, including a coordinated approach to Washington State’s Volkswagen settlement funding opportunity.  Support regional electric vehicle growth through policy, infrastructure, and vehicle procurement coordination.  Engage K4C partners in fleet manager meetings to enhance information sharing and to support development of best practices for vehicle use and fleet investments across partners. 4. Green Building and Energy Efficiency  Partner to develop and coordinate Living Building Challenge policies that support super- efficient building strategies.  Partner through the Regional Code Collaboration on implementation of and development of ambitious energy and green building policies and codes.  Collaborate to support development of and advocate for strong 2018 Washington state energy codes for commercial and multifamily buildings. 5. Collaboration  Green Building Task Force and Regional Code Collaboration: The K4C partners with the “Green Building Task Force” (GBTF), a group led by King County’s Solid Waste Division that collaborates with King County cities on research, tools and policies related to green building. The K4C also partners with a second green building collaborative effort called the 8.c Packet Pg. 122 At t a c h m e n t : 5 . 2 0 1 8 - A t t a c h m e n t A - K 4 C 2 0 1 8 W o r k p l a n a n d B u d g e t ( 1 2 9 5 : K i n g C o u n t y C i t i e s C l i m a t e C o l l a b o r a t i o n ( K 4 C ) ) 4 “Regional Code Collaboration”, which includes partners outside of King County, and is focused on code development for local governments to further sustainable development. The K4C will continue to partner with these groups on green building strategies, for example as it did in the April 2016 by jointly hosting a green building focused elected official summit.  Sustainable Cities Roundtables: A key area of collaboration between the K4C and the GBTF is the Sustainable Cities Roundtable series. This is a monthly series of training sessions, discussions and workshops dedicated to green building and climate change policy and programming for the county and cities in King County. The K4C helps design and host roughly half of these events on topics that align with the K4C’s Joint Commitments. 2018 Work Plan: Additional Priorities: K4C Shared Climate and Energy Policy Interests: Engage in time-sensitive climate policy discussions at the state level as they relate to the K4C’s Joint Commitments. 2018 K4C Elected Official Summits. K4C staff committed to host at least one K4C elected official event each year. As of the end of 2017, one elected official event is scheduled at for 2018 to be held on February 7th. Additional elected official events later in the year are possible. The February 2018 summit will include a session sharing infographics about climate impacts and actions in King County, and provide K4C partners an opportunity to learn more about the Million Trees initiative and new K4C tools for reporting on our sustainability and climate change progress. The meeting will also provide an opportunity to review shared progress towards K4C climate and energy commitments, discuss the results from Clean Electricity Pathways consulting work that K4C elected officials helped to scope, and to map next steps in shaping policies and actions that accelerate the transition to renewable energy. 8.c Packet Pg. 123 At t a c h m e n t : 5 . 2 0 1 8 - A t t a c h m e n t A - K 4 C 2 0 1 8 W o r k p l a n a n d B u d g e t ( 1 2 9 5 : K i n g C o u n t y C i t i e s C l i m a t e C o l l a b o r a t i o n ( K 4 C ) ) 5 2017 K4C Budget The K4C Interlocal Agreement (ILA) includes a stipulation that 75% of parties must approve of budget expenditures. The K4C steering committee held a budget decision making meeting on December 7th, 2017 through which twelve of fourteen (86%) of K4C partners formally adopted a set of initial 2018 budget expenditures. These expenditures do not spend all of the K4C’s shared resources and the group has agreed to consider additional spending priorities during the spring of 2018. 2018 K4C Revenues ILA Defined Partner Contributions $34,200 Related King County Contribution $20,000 2017 Unspent Funds $43,540 Total Resources Available for 2018 $97,740 2018 K4C Approved Expenditures 2018 Sustainable Cities Roundtable Series - Event Production Support $10,000 2018 Sustainable Cities Roundtable Series- To support stipends, honorariums or other financial support for local events, especially for topics and speakers related to environmental justice, climate justice and broader equity and social justice topics, themes or Roundtable participants $5,000 2018 Sustainable Cities Roundtable Series - to support audio/video recording or transmitting (e.g. webinars) of roundtables or trainings $2,000 2018 K4C Event Catering $1,000 K4C and K4C Partner - Climate Action Infographics $10,000 Scope 5 – Greenhouse Gas Measurement and Tracking Program $12,625 High Performance Green Building Code - City Implementation Tools $16,000 Total Approved 2018 Expenditures $56,625 Conclusion and Next Steps The 2018 work plan and budget builds on the K4C’s Joint Commitments, elected official input and engagement, and interests and direction of all K4C partners. The 2018 K4C budget was adopted by partners at the December 2017 staff budget decision making meeting. As this process moves forward, the Executive commits to continue to coordinate with the staff of the transportation, economy and environment committee, or its successor, in developing this and future annual work plans and expenditures for the K4C. 8.c Packet Pg. 124 At t a c h m e n t : 5 . 2 0 1 8 - A t t a c h m e n t A - K 4 C 2 0 1 8 W o r k p l a n a n d B u d g e t ( 1 2 9 5 : K i n g C o u n t y C i t i e s C l i m a t e C o l l a b o r a t i o n ( K 4 C ) ) ECONOMIC AND COMMUNITY DEVELOPMENT COMMITTEE Kurt Hanson, Economic and Community Development Director 220 Fourth Avenue S, Kent, WA 98032 253-856-5454 DATE: July 9, 2018 TO: Economic and Community Development Committee SUBJECT: Sound Transit Access Improvements Update SUMMARY: Sound Transit restored funding for the Kent Station Access Improvements project in 2016; the project was initially authorized in 2008, and suspended in 2010 as a result of the recession. A new parking structure is the main project component, but pedestrian and non-motorized improvements will be included as well. ECD staff continues to partner with Sound Transit staff to ensure that the project is consistent with City of Kent long-term goals and that implemented improvements enhance the transit-oriented and pedestrian-first character of Kent’s downtown. A site for the garage was selected by the Sound Transit Board of Directors, bounded by E James to the north, BNSF railroad tracks to the west, Central Avenue to the east, and the transit center ADA parking lot to the south. At a recent meeting, Sound Transit staff and consultants proposed two site layout alternatives; both consist of a garage footprint at the intersection of Railroad Avenue N and E James Street, and both propose a realignment of Railroad Avenue N. One alternative would realign Railroad Avenue N to the east of the garage, closer to Central Avenue, and the other would realign Railroad Avenue N to the west of the garage, closer to the BNSF railroad tracks. City staff have concerns about the ability of either layout to accommodate future transit growth or facilitate a pedestrian-first environment within the proposed planning envelope. Staff submitted a comment letter to this effect to Sound Transit staff. The comment letter is provided in the meeting packet. As of June 28, staff has not yet received a formal response from Sound Transit staff regarding the comment letter. However, Sound Transit staff have indicated that there is no plan to revisit the planning envelope to accommodate additional space for future transit bay space or passenger drop-off and ADA parking facilities, as requested in Kent staff’s comment letter. Sound Transit staff have indicated that the agency is moving forward with the layout alternative which places Railroad Avenue N closer to Central Avenue, referred to as “Flipped Drive Access”. The Sound Transit team will revisit the site layout within the proposed envelope to explore ways to reconfigure site elements in such a way that does not preclude future transit growth. 9 Packet Pg. 125 SUPPORTS STRATEGIC PLAN GOAL: Thriving City, Evolving Infrastructure, Sustainable Services ATTACHMENTS: 1. City of Kent Comments - Site 3C Layout Alternatives (PDF) 9 Packet Pg. 126 Melissa Saxe, PEPD South Sounder Project Development Director Sound Transit Project Team Re: Sound Transit Sounder Access Improvements Project Dear Ms. Saxe: The City of Kent appreciates your continued engagement with staff on the development of site layout alternatives for the Sounder access improvements project. At the workshop on May 23rd, we discussed two alternatives: “Drive Access” and “Flipped Drive Access”. Staff has some serious concerns about either of these site layout alternatives moving forward as currently conceived. As you know, this project is in the heart of Kent’s downtown; it is critical that this project aligns with and supports Kent’s vision and goals. These goals, described in the city’s comprehensive plan and Downtown Subarea Action Plan (DSAP), envision downtown as a transit-oriented “pedestrian-first” environment. The city’s priorities are to maximize new parking spaces to facilitate use of the Sounder; improve the quantity, safety, and quality of pedestrian and bicycle connections between the transit center and downtown destinations; and support planned growth in transit service and ridership to encourage transit-oriented development. The two site layout alternatives, “Drive Access” and “Flipped Drive Access”, offer some advantages toward these goals. Both alternatives maximize the number of new parking spaces by realigning Railroad Avenue to accommodate a more efficient garage footprint. “Drive Access” may improve traffic operations by further separating the intersections of E. James St. and Central Ave., and Railroad Ave. and Central Ave. “Flipped Drive Access” promotes a more welcoming environment for pedestrians by locating the garage near the platform to eliminate the need for garage users to cross any streets, and it improves bus turning movements from the transit circle to E. Pioneer Street. Our concerns, however, are more fundamental, and unless addressed will undermine any potential advantages of either alternative. They pertain to the adequacy of the planning envelope itself, and its ability to accommodate a functional transit center with long-term viability. The following are our principal concerns: Transit capacity and growth Current capacity at Kent Station for buses consists of 9 active and 3 layover bays, in approximately 1,050 linear feet. The King County “Metro Connects” plan calls for a minimum of 12 active and 12 layover bays to accommodate planned increased service through 2040. This service level requires nearly 1,500 linear feet for the buses alone, plus 25 to 60 feet on either side for independent movement in and out of the station area. The concepts proposed at the May 23rd workshop provide approximately 1,040 to 1,075 linear feet of active and layover bay space. They only marginally meet existing bay space, with no apparent ability to accommodate the planned increase in Metro bus service. Neither alternative incorporates additional ADA parking or “kiss-and-ride” space near the platform to accommodate increased ridership. We see these as fundamental flaws, which call for a reevaluation of the site planning envelope. Given these limitations, which have become clearer as the site designs have evolved, we 9.a Packet Pg. 127 At t a c h m e n t : C i t y o f K e n t C o m m e n t s - S i t e 3 C L a y o u t A l t e r n a t i v e s ( 1 2 9 6 : S o u n d T r a n s i t A c c e s s I m p r o v e m e n t s U p d a t e ) suggest revisiting options previously withdrawn, including the integration of additional parcels to the east. The city’s preference was for these parcels to be reserved for future transit-oriented redevelopment, but we recognize that the success of this project may hinge on the use of those or other additional properties. Welcoming pedestrian environment The geometric constraints of the planning envelope for providing sufficient bus bay space contribute to our second significant concern; neither of these proposed layouts supports a welcoming pedestrian environment. First, planning within this envelope requires improvised pedestrian intersections that are simply unworkable. The “Drive Access” alternative’s offset pedestrian crossing at E James St. and Railroad Ave. to accommodate bus turning movements over the railroad tracks is one such example. We are not confident this intersection can function as proposed; we are concerned it will be disorienting for pedestrians while failing to achieve the intended separation between rail, automobile, and pedestrian traffic. Second, the placement of active and layover bus bays along both sides of Railroad Ave. requires streets to be uncomfortably wide and limits visibility when bus bays are full. It creates an unwelcoming pedestrian environment, particularly in the “Drive Access” alternative, in which garage users (including those with ADA parking permits) must cross Railroad Ave. to get to the Sounder platform. This is at odds with our city’s vision for a “pedestrian-first” downtown. One potential solution to this conflict would be to incorporate additional bus facilities on the ground floor of the parking garage. This may also require revisiting the concept of spanning the garage over Railroad Avenue in its current configuration. In light of the significant concerns described above, we respectfully request the following as acceptable next steps: 1) revisit the “lidded” garage concept over Railroad Ave. in its present alignment, and 2) reconsider the incorporation of additional properties, including those to the east of the proposed planning envelope. Thank you for the opportunity to work through these issues with your team. We are confident that we will reach a mutually agreeable alternative that meets Sound Transit’s goals for this project as well as the City of Kent’s vision for our downtown. Sincerely, Danielle Butsick, AICP Sr. Long Range Planner, City of Kent 9.a Packet Pg. 128 At t a c h m e n t : C i t y o f K e n t C o m m e n t s - S i t e 3 C L a y o u t A l t e r n a t i v e s ( 1 2 9 6 : S o u n d T r a n s i t A c c e s s I m p r o v e m e n t s U p d a t e ) ECONOMIC AND COMMUNITY DEVELOPMENT COMMITTEE Kurt Hanson, Economic and Community Development Director 220 Fourth Avenue S, Kent, WA 98032 253-856-5454 DATE: July 9, 2018 TO: Economic and Community Development Committee SUBJECT: Economic Development Website Update SUMMARY: Having a first-class online presence is critical for the economic development team to expand the reach of its efforts and to share large amounts of information with interested audiences. The economic development division redesigned its webpages in order to capture the essence of the city, while also relaying important information to our audiences. Market research shows that 98% of commercial site selectors expect to obtain data online; including up-to-date information about demographics, key industries, showcases of leading employers, incentives, workforce attributes, and available infrastructure and housing. Work still to be done includes the implementation of a tool to showcase available properties. A GIS-enabled component is a feature many of Kent’s neighboring cities showcase on their sites, leaving Kent at a potential disadvantage. Making use of available technology is something site selectors expect to see on economic development sites; allowing visualization of available properties and characteristics in the area. Staff is exploring whether funding partnerships are possible to allow the hosting of Zoom Prospector, a third-party plug-in solution which puts that information right on the website, where site selectors want it. SUPPORTS STRATEGIC PLAN GOAL: Thriving City, Innovative Community, Sustainable Services 10 Packet Pg. 129