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HomeMy WebLinkAboutCity Council Committees - Land Use and Planning Board - 01/12/2009 (4) COMMUNITY DEVELOPMENT Fred N. Satterstrom, AICP, Director PLANNING SERVICES Charlene Anderson, AICP, Manager KENT W AS HI N G T 0 N Phone: 253-856-5454 Fax: 253-856-6454 Address: 220 Fourth Avenue S. Kent, WA 98032-5895 AGENDA LAND USE & PLANNING BOARD HEARING JANUARY 12, 2009 7:00 P.M. LUPB MEMBERS: CITY STAFF Jon Johnson, Chair Charlene Anderson, AICP, Planning Mgr Dana Ralph, Vice Chair Beth Tan, Environmental Engineer Steve Dowell Kim Adams Pratt, Asst City Attorney Alan Gray Pamela Mottram, Admin Secretary Aleanna Kondelis Jack Ottini Barbara Phillips This is to notify you that the Land Use and Planning Board will hold a Public Hearing on MONDAY, JANUARY 12, 2009 in Kent City Hall, City Council Chambers East and West, 220 4t" Avenue South, Kent at 7:00 P.M. The public is welcome to attend the public hearing and all interested persons may have an opportunity to speak. Any person wishing to submit oral or written comments on this proposed amendment may do so prior to or at the meeting. Please refer to the December 22nd Agenda Packet sent out to you either via US Mail or E-Mail on December 15, 2008. The agenda will include the following item(s): 1. Call to order 2. Roll call 3. Approval of Minutes from the November 24, 2008 Meeting 4. Added Items to Agenda 5. Communications 6. Notice of Upcoming Meetings 7. PUBLIC HEARING: 1. ZCA-2008-2 Flood Hazard Regulations (Beth Tan) Consideration to amend Kent City Code (KCC) 14.09 Any person requiring a disability accommodation should contact the City in advance for more information. For TDD relay service for Braille, call 1-800-833-6385, for TDD relay service for the hearing impaired, call 1-800-833-6388 or call the City of Kent Planning Services directly at(253) 856-5499 (TDD). For further information or copies of the staff memorandum contact the Planning Services office at (253) 856-5454. You may access the City's website for documents pertaining to the Land Use and Planning Board at: http:11www.ci.kent.wa.us/planninc7llanduseplanninaboard. S:\Permit\Plan\LUPB\2009\AGENDAS\011209_LUPBHrg_Agda.docx This page intentionally left blank. LAND USE & PLANNING BOARD MINUTES NOVEMBER 24, 2008 BOARD MEMBERS PRESENT/ABSENT: Chair Jon Johnson, Vice Chair Dana Ralph Absent/Excused, Barbara Phillips Absent/Excused, Steve Dowell, Alan Gray, Aleanna Kondelis Absent/Excused, Jack Ottini STAFF MEMBERS PRESENT: Charlene Anderson, Matt Gilbert, Sharon Clamp, Mike Gillespie, Molly Bartlemay APPROVAL OF MINUTES: Gray MOVED and Dowell SECONDED a motion to APPROVE the Minutes of October 27, 2008. Motion PASSED 4-0. Added Items, Communication, Notice of Upcoming Meetings Planning Manager Charlene Anderson stated that Kent City Council had approved Cottage Housing with a few revisions from the recommendation of the Land Use and Planning Board. These revisions include the density bonus being decreased from two times down to one and a half times, a requirement for a community meeting, an increase in size of carriage units from 800 to 968 square feet and a provision to allow detention vaults. The committee to review cottage housing was also increased by two people. Anderson stated that no LUPB meetings are currently scheduled in December. SCA-2007-1 Subdivision Code Amendment (Phase I) Planner Sharon Clamp stated that staff is proposing to extend the expiration period for short plats. This was originally brought up at the October 13, 2008 workshop. Clamp stated that the current code allows for one year with an additional one year extension from time of preliminary approval to recordation. Clamp stated the two year time frame can be hard to meet with applicants coordinating all the tasks required to obtain short plat recordation. As a side note, Clamp stated that there was a previous proposal to eliminate the option to bond. This proposal has been withdrawn. Clamp gave statistics on the average recording time for short plats and subdivisions in 2007 and 2008. This information showed a trend in short plats taking longer to record. Clamp stated that staff feels that adding one year to the current two years would be a fair option. Clamp pointed out that small developers are working with fewer resources than larger builders. Clamp stated that in April of 2007 there were changes in the code including setbacks, architectural design, and tree plans. Land Use and Planning Board Minutes November 24, 2008 Page 1 of 4 Clamp stated of the three options proposed for extending short plat expiration times, staff recommends option B with 3 years. SCA-2007-1 Subdivision Code Amendment (Phase II) Clamp stated that staff is proposing to make changes to the current subdivision code. This update would be an administrative clean up in an effort to reduce redundancy. This includes consolidating the three different types of subdivisions into one section. In addition, the proposal considers consistency with state code. Instead of listing out various construction standards, the proposal references other relevant Kent City Code and ordinances. This would ensure that even if codes changed the Subdivision Code would stay current. In addition, staff proposes simplifying requirements for final plats. Chair Johnson opened the Public Hearing Colin Thorpe, 12226 SE 1781h St. Renton, WA 98058 stated that he was here regarding the Devlin Short Plat which is due to expire in three weeks. The plat went through the preliminary process and is now stalled due to a neighbor not completing their subdivision. He stated that he was unaware that the neighboring property would have five years to record vs. his one year. He felt that fundamentally it is not fair to only let the short plats that have completed mylars fall under any new extension that is provided. Lee Rousso, 901 S 3rd St., Renton, WA 98057 stated that he was here to back up Mr. Thorpe on the Devlin short plat. He stated it would be tragic to make this family go back to step one because the process was slowed down by an adjoining property. Jason Cole, 850 Oravatz Rd. SE stated that he would like clarification on Clamp's statistics in regards to which plats used bonding, and what plats were constructed and finished at the time of recordation. Cole stated that bonding is currently hard to get. Hans Korve, 726 Auburn Way North, Auburn, WA stated that many short plats use bonding and then sell lots to a builder. Korve stated that he supports Option C. Seeing no further speakers, Ottini MOVED and Dowell SECONDED to close the public hearing. Motion carried 4-0. Clamp stated that she did not have the information requested by Hans Korve. Clamp clarified that of the 36 plats recorded in 2007 and 2008, the longest period for a plat to record was 40 months, five took between 30 and 40 months and the remainder took less than 30 months. Clamp stated that staff had been considering changing the Subdivision Code to allow a longer time for a short plat to record, and the economic crisis further Land Use and Planning Board Minutes November 24, 2008 Page 2 of 4 emphasized the importance of looking at the time frame. Sharon stated that she has spoken with Law about Options B & C and was advised by Assistant City Attorney Kim Adams Pratt that Council can pass a retroactive ordinance. This must have very clear and specific criteria. Current economic conditions could warrant such an ordinance. Public Works Development Manager Mike Gillespie noted that very little typically needs to be changed to meet the new subdivision code in regards to a public works permit. Jack Ottini clarified that the Devlin Short Plat was due to expire in three weeks. Ottini pointed out that even if the Devlin Short Plat was extended, the adjacent property owner still may not follow through with his subdivision. Ottini stated that he likes Option B. Steve Dowell spoke in favor of option B with four years. Gray stated he liked option C with 4 years. Thorpe inquired again why mylars have to be ready to be granted an extension. Clamp clarified that the original intent was to simply extend the timeline for short plats. Clamp noted that recent economic issues and public concerns were reasons option C was developed. Dowell asked for clarification on the differences between Options B and C. Anderson clarified that under Option B, plats that are not yet expired would be given the benefit of the extra time. Under Option C specific criteria would be used to reinstate some of the expired applications. Anderson clarified that Mr. Thorpe's application would expire under Option B. Clamp stated that Option C, would not help Mr. Thorpe either. Clamp gave examples of other short plats that have expired for similar situations and noted that there is a variety of reasons a short plat can expire. Anderson suggested the Board consider why they would desire to reinstate expired permits and what criteria would be used to determine which ones were reinstated. She asked if the desire to reinstate s based merely on the economic situation or are there other reasons. Dowell stated his concerns with allowing special privileges. Thorpe noted that the adjacent property is still an active subdivision. Gillespie stated that there is no current activity on the adjoining property. The owner still has roughly two and a half years to complete the project. Gillespie noted that the owner could bond and delay the project an additional year. Ottini stated that even with additional time plats could still expire and wished the process was more cut and dry. Ottini stated to Thorpe that despite valid reasoning, Land Use and Planning Board Minutes November 24, 2008 Page 3 of 4 his situation does not fall under this territory; he gave an option to speak to City Council. Dowell MOVED and Ottini SECONDED a motion to adopt SCA-2007-1 Subdivision Code Amendment (Phase I) Option B with a four year extension. Motion carried 3- 1 with Gray opposed. Ottini MOVED and Dowell SECONDED a motion to adopt SCA-2007-1 Subdivision Code Amendment (Phases II) as presented by staff. Motion carried 4-0 ZCA-2008-1 Hazardous Substance Land Use Facilities Zoning Code Amendment Principal Planner, Matt Gilbert stated that staff recommends amending the current Hazardous Substance Code pertaining to accessory uses. Gilbert read the definition of accessory uses. Gilbert noted that a lot of products are considered hazardous. Currently a Conditional Use Permit is required for all hazardous uses that reach a specific quantity of material. This entails extensive meetings, notices, and mailings. Staff review is generally a duplicate of other codes and ordinances that are applicable. Logistically this adds approximately five months to the permit process. Gilbert stated that staff is proposing to allow permits to move forward without a Conditional Use Permit if the hazardous use is an accessory use. The proposal does not change the other code criteria regarding where such uses may be located. Seeing no public speakers, Ottini MOVED and Dowell SECONDED a motion to close the public hearing. Motion passed 4-0. Ottini MOVED and Dowell SECONDED a motion to adopt ZCA-2008-1 Hazardous Substance Land Use Facilities Zoning Code as presented by staff. Motion carried 4-0. ADJOURNMENT Ottini MOVED and Gray SECONDED a motion to adjourn the Meeting. Motion carried 4-0. Johnson adjourned the meeting at 8:35 p.m. Charlene Anderson, AICP, Planning Manager Secretary of the Board S:\Permit\Plan\LU PB\2008\MINUTES\112408_LUPB_Mi n.doc Land Use and Planning Board Minutes November 24, 2008 Page 4 of 4 COMMUNITY DEVELOPMENT Fred N. Satterstrom, AICP, Director PLANNING SERVICES Charlene Anderson, AICP, Manager K E N T WASHINGTON Phone: 253-856-5454 Fax: 253-856-6454 Address: 220 Fourth Avenue S. Kent, WA 98032-5895 December 30, 2008 TOL Chair Jon Johnson and Land Use and Planning Board Members FROM: Beth Tan, P.E., Environmental Engineer III RE: Flood Hazard Regulations Ordinance [ZCA-2008-2/ENV-2008-36 KIVA #RPSA-2083839] Staff Report for the January 12, 2009 LUPB Hearing SUMMARY: On October 27, 2008 staff met with the Land Use and Planning Board (LUPB) to discuss the proposed draft changes to the Flood Hazard Regulation Ordinance. At that time, the board did not have any additional recommendations for staff. BACKGROUND: City staff has worked to ensure Kent City Code 14.09 meets with standard language provided by federal and state agencies to participate in the NFIP. A number of minor items within the existing 14.09 code, from definitions to additional wording, were included in a letter of correction sent by the state representative of Floodplain Management from WA Department of Ecology. City staff is also recommending three additional changes to KCC 14.09. These include, one, the addition of 14.09.175, compensatory storage, second, a proposal to change the requirement of finish floor elevations to be a minimum of two (2) feet above the base flood elevation, and third, to adopt the King County River and Floodplain Management division map dated March 2008 or the latest FIRM to be issued by FEMA as best available science. In September 2007, FEMA provided a preliminary digital Flood Insurance Rate Map (P-DFIRM) to replace the map panels dated 1995. Congress reaffirmed enforcement of a law stating that if levees were not certified by a federal agency the river system must be mapped showing the location of the floodplain as if there were no levees. This significantly changed the floodplain of the Green River. The City disagreed with the methodology of the P-DFIRM and worked with King County and other lower Green River jurisdictions to create a map dated March 2008 to use in an appeal process. Due to the appeal moving forward and FEMA's requirement to use "best available science", City staff is recommending implementation of the appeal maps at this time. The City staff is also requesting the Board to provide input and discuss the proposed changes to Kent City Code 14.09, Flood Hazard Regulations. Staff will present a detailed evaluation of the proposed code adjustments at the Hearing. RECOMMENDATION: Staff recommends approval of the Revisions to Kent City Code - Flood Hazard Regulations. S:\Permit\Plan\ZON ECODEAM EN D\2008\ZCA-2008-2_F1ood Haza rdReg u lationsKCC 14.09\LUPB\122208_LU PB_StaffRpt.doc Attach: Flood Hazard Regulations Ordinance cc: Fred Satterstrom,AICP,CD Director Charlene Anderson,AICP, Planning Manager Project File Parties of Record This page intentionally left blank. ORDINANCE NO. AN ORDINANCE of the City Council of the City of Kent, Washington, amending Chapter 14.09, of the Kent City Code, Flood Hazard Regulations, related to floodplain management and compliance with state and federal regulations. RECITALS A. The City of Kent's flood hazard regulations are in Chapter 14.09 of the Kent City Code. The City's regulations must comply with the Federal Emergency Management Agency (FEMA) Community Rating System (CRS) Program. These amendments to 14.09 bring the City into compliance. B. These amendments are also based on new hydraulic and hydrologic data available from FEMA, in the form of a preliminary Flood Insurance Rate Map (FIRM) and the King County river and Floodplain Management Unit hydraulic modeling in review of the preliminary FIRM. The City's flood management policies invoke the need for continued review and update to ensure that public health, safety and general welfare protected from flood conditions. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: 1 Flood Hazard Regulations ORDINANCE SECTION 1. - Amendment. Section 14.09.010 of the Kent City Code, entitled "Definitions," is amended as follows: Sec. 14.09.010. Definitions. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: A. Appeal means a request for review of any final action pursuant to this chapter, or of the interpretation of any provision of this chapter by any city official. B. Area of shallow flooding means the land within the floodplain where the base flood depths range from one (1) to three (3) feet; a clearly defined channel does not exist; the path of flooding is unpredictable and indeterminate; and velocity flow may be evident. C. Area of special flood hazard means the land within the floodplain which is subject to a one (1) percent or greater chance of flooding in any given year. D. Base flood means the flood having a one (1) percent chance of being equaled or exceeded in any given year, also referred to as the one hundred (100) year flood. E. Base flood elevation means the actual elevation (in mean sea level) of the water surface of the base flood determined by the Federal Flood Insurance Administration or other qualified person or agency as described in this chapter. 2 Flood Hazard Regulations F. Basement means any area of the building having its floor subgrade (below ground level) on all sides. G. Best Available Data means a) the data provided by the Federal Emergency Management Agency in a scientific and engineering report entitled Flood Insurance Study for King County, Washington and Incorporated Areas, dated June 16, 1995, with accompanying flood insurance maps and any subsequent revisions thereto, or b) hydrologic and hydraulic analyses performed in accordance with standard engineering practice and in accordance with FEMA standards contained in 44 C.F.R. Part 65. Critical facility means a facility for which even a slight chance of flooding might be too great. Critical facilities include, but are not limited to: schools, nursing homes, hospitals, police, fire, and emergency response installations; and public and private facilities which produce, use, or store hazardous materials or hazardous waste as defined by the State Department of Ecology. Development means any proposed or actual manmade changes to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation, drilling operations located within flood hazard areas and other site preparation activities, or storage of materials or equipment. Director means the director of the department of public works of the city. K. Fill means deposition of earth material by artificial means. 3 Flood Hazard Regulations L. Flood or flooding means a general and temporary condition of partial or complete inundation of normally dry land areas from: 1. The overflow of inland or tidal waters; 2. The unusual and rapid accumulation of runoff of surface water from any source. M Flood insurance rate map (FIRM) means the official map on which the federal flood insurance administration has delineated both the special flood hazard areas and the risk premium zones applicable to the community. N. Flood insurance study means the official report provided by the Federal Insurance Administration that includes flood profiles, the flood boundary and floodway map, flood insurance rate map, and the water surface elevation of the base flood. O. Flood protection elevation means that the finished floor of any structure must be a minimum of 2 feet above the base flood elevation. P. Flood season means the period from November 1st to March 31st during which, historically, the frequency, distribution and volume (inches of rainfall) of storms in the Green River Basin have been the largest and all known major floods have occurred. Q. Floodplain means that portion of a river or stream channel and adjacent lands which are subject to the base flood flooding. R. Floodway means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base 4 Flood Hazard Regulations flood without cumulatively increasing the water surface elevation more than one (1) foot. S. Floodway fringe means that portion of a floodplain which is not floodway. T. Lowest floor means the lowest floor of the lowest enclosed area (including basement). An unfinished or flood-resistant enclosure, usable solely for parking of vehicles, building access or storage, in an area other than a basement area, is not considered a building's lowest floor; provided, that such enclosure is not built so as to render the structure in violation of the applicable nonelevation design requirements of this chapter. U. Manufactured home means a structure, transportable in one (1) or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. For floodplain management purposes the term "manufactured home" also includes park trailers, travel trailers, and other similar vehicles placed on a site for greater than one hundred eighty (180) consecutive days. For insurance purposes the term "manufactured home" does not include park trailers, travel trailers, and other similar vehicles. V. Manufactured home park or subdivision means a parcel (or contiguous parcels) of land divided into two (2) or more manufactured home lots for rent or sale. W. No net fill means that if any fill is brought on to a site for the construction of a structure or access road then an equal amount of soil/material will be removed from the site. Fill must be obtained from the same site, to the extent practicable. The soil removed must be from within 5 Flood Hazard Regulations the boundaries of the site, to the extent practicable, and from with the special flood hazard area. If not practical, soil could be removed from property in the immediate vicinity and within the special flood hazard area. X. New construction means structures for which the "start of construction" commenced on or after the effective date of the ordinance codified in this chapter. Y. "Recreational Vehicle" means a vehicle, which is: 1. Built on a single chassis; 2. 400 square feet or less when measured at the largest horizontal projection; 3. Designed to be self-propelled or permanently towable by a light duty truck; and 4. Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use. Z. Special flood hazard area means those land and water areas identified by the Federal Insurance Administration in a report entitled The Flood Insurance Study for King County, Washington and Incorporated Areas, dated September 30, 1989, with accompanying pages on file with King County or the department of public works of the city. AA. Start of construction includes substantial improvement, and means the date a building permit was issued, provided the actual start of construction, repair, reconstruction, placement, or other improvement was within one hundred eighty (180) days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, 6 Flood Hazard Regulations the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include submission of an application for development, land preparation, such as clearing, grading, and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. BB_ Structure means a walled and roofed building including a gas or liquid storage tank that is principally above ground. CC. Substantial improvement means any repair, remodeling, reconstruction, or improvement of a structure, the cost of which equals or exceeds fifty (50) percent of the appraised fair market value of the structure either: 1. Before the improvement or repair is started; or 2. If the structure has been damaged and is being restored, before the damage occurred. For the purposes of this definition, "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include either: a. Any project for improvement of a structure to comply with existing state or local health, sanitary, or safety code specifications which are necessary solely to assure safe living conditions; or b. Any alteration of a structure listed on the National Register of Historic Places or a recognized state or local inventory of historic places. 7 Flood Hazard Regulations SECTION 2. - Amendment. Section 14.09.060, entitled "Basis for establishing the areas of special flood hazard," of the Kent City Code is amended as follows: Sec. 14.09.060. Basis for establishing the areas of special flood hazard. The basis for establishing the area of special flood hazard he areas of special flood hazard identified by the Federal Emergency Management Agency in a scientific and engineering report entitled Flood Insurance Study for King County, Washington and Incorporated Areas, dated June 16, 1995, with accompanying flood insurance maps and any subsequent revisions thereto (the "flood insurance study"), which is hereby adopted by reference and declared to be a part of this chapter as if stated verbatim; or the use of best available data as defined in this chapter. The flood insurance study is on file and available for examination at the office of the department of public works. SECTION 3. - Amendment. Section 14.09.150, entitled "Designation of local administrator," is amended as follows: Sec. 14.09.150. Designation of local administrator. The public works director or his/her designee is hereby appointed to administer and implement this chapter by granting or denying development permit applications in accordance with its provisions. Duties of the administrator shall include, but not be limited to: A. Permit review. 1. Review all development permits to determine that the permit requirements of this chapter have been satisfied. 2. Review all permits to determine that all necessary permits have been obtained from those federal, state, or local governmental agencies from which prior approval is required. 3. Review all permits to determine if the proposed development is located within a floodway. If proposed development is located within a floodway, ensure that KCC 14.09.180 is enforced. 8 Flood Hazard Regulations B. Use of other base flood data (in A and V zones). 1. When base flood elevation data has not been provided (A and V zones) in accordance with KCC 14.09.060, the public works director or his/her designee shall obtain, review and reasonably utilize any available data, base flood elevation and floodway data available from a federal, state or other source to administer this title. C. Information to be obtained and maintained. 1. Where base flood elevation data is provided through the flood insurance study, FIRM, or required as in KCC 14.09.140, obtain and record the actual elevation (in relation to mean sea level) of the lowest floor (including basement) of all new or substantially improved structures, and whether or not the structure contains a basement. 2. For all new or substantially improved floodproofed structures where base flood elevation data is provided through the flood insurance study, FIRM, or as required in KCC 14.09.140: a. Obtain and record the elevation (in relation to mean sea level) to which the structure was floodproofed; and b. Maintain floodproofing certifications required pursuant to this chapter. e-.3. Maintain for public inspection all records pertaining to the provisions of this chapter. D. Alteration of watercourses. 1. Notify adjacent communities and the Department of Ecology prior to any alteration or relocation of a watercourse, submit evidence of such notification to the Federal Insurance Administration. 2. Require that maintenance is provided within the altered or relocated portion of said watercourse so that the flood carrying capacity is not diminished. E. Interpretations of FIRM boundaries. Make interpretations where needed, as to exact location of boundaries of the areas of special flood hazards (for example, where there appears to be a conflict between a 9 Flood Hazard Regulations mapped boundary and actual field conditions). The person contesting the location of the actual boundary shall be given reasonable opportunity to appeal the interpretation as provided for in KCC 14.09.210. SECTION 4. - Amendment. Section 14.09.170, entitled "Specific standards," is amended as follows: Sec. 14.09.170. Specific standards. In all areas of special flood hazards where base flood elevation data has been provided as set forth in KCC 14.09.060 or 14.09.140, the following provisions are required: 1. Residential construction. a. New construction and substantial improvement of any residential structure shall have the lowest floor, including basement, elevated to the flood protection elevation. b. Fully enclosed areas below the lowest floor that are subject to flooding are prohibited, or shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or must meet or exceed the following minimum criteria: i. A minimum of two (2) openings having a total net area of not less than one (1) square inch for every square foot of enclosed areas subject to flooding shall be provided. ii. The bottom of all openings shall be no higher than one (1) foot above grade. iii. Openings may be equipped with screens, louvers, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters. 2. Nonresidential construction. New construction and substantial improvement of any commercial, industrial, or other nonresidential structure shall either have the lowest floor, including 10 Flood Hazard Regulations basement, elevated into the flood protection elevation; or, together with attendant utility and sanitary facilities, shall: a. Be floodproofed se that belew eige (1) foot above the base fleed levelto the flood protection elevation so that the structure is watertight with walls substantially impermeable to the passage of water; b. Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; C. Be certified by a registered professional engineer or architect that the design and methods of construction are in accordance with accepted standards of practice for meeting provisions of this subsection based on their development and/or review of the structural design, specifications and plans. Such certifications shall be provided to the official as set forth in KCC 14.09.150(C)(2); d. Nonresidential structures that are elevated, not floodproofed, must meet the same standards for space below the lowest floor as described in subsection (1)(b) of this section; e. Applicants floodproofing nonresidential buildings shall be notified that flood insurance premiums will be based on rates that are one (1) foot below the floodproofed level (e.g., a building floodproofed to one (1) foot above the base flood level will be rated as at the base flood level). 3. Critical facility. Construction of new critical facilities shall be, to the extent possible, located outside the limits of the base floodplain. Construction of new critical facilities shall be permissible within the base floodplain if no feasible alternative site is available. Critical facilities constructed within the base floodplain shall have the lowest floor elevated to three (3) feet or more above the level of the base flood elevation at the site. Floodproofing and sealing measures must be taken to ensure that toxic substances will not be displaced by or released into floodwaters. 11 Flood Hazard Regulations Access routes elevated to or above the level of the base floodplain shall be provided to all critical facilities to the extent possible. 4. Manufactured homes. All manufactured homes to be placed or substantially improved within zones Al - 30, AH, and AE on the community's FIRM shall be elevated on a permanent foundation such that the lowest floor of the manufactured home the base fleed elevatienis at the flood protection elevation; and be securely anchored to an adequately anchored foundation system in accordance with the provisions of KCC 14.09.160 (1)(b). 5. Recreational vehicles. Recreational vehicles placed on sites are required to meet all applicable provisions of the Kent City Code. If allowed by code, recreational vehicles are required to either: a. Be onsite for fewer than one hundred eighty (180) days; b. Be fully licensed and ready for highway use, on its wheels or jacking system, attached to the site only by quick disconnect type utilities and security devices, and have no permanently attached additions; or C. Meet the requirements of KCC 14.09.160(1) and the elevation and anchoring requirements for manufactured homes. 6. Drainage around structures. Adequate drainage paths are required around structures on slopes to guide waters around and away from proposed structures. SECTION 5. - Amendment. Chapter 14.09 of the Kent City Code, regarding Flood Hazard Regulations is amended to add a new section 14.09.175, entitled "Compensatory Storage," as follows: Sec. 14.09.175. Compensatory storage. There is hereby established a Compensatory Storage section as follows: 12 Flood Hazard Regulations A. Except as provided in subsection (B) of this section, within the floodplain of the areas of special flood hazard, the following provisions apply: 1. Applicants shall provide onsite replacement of 100% of the storage area lost to encroachments so that there is no increase in flood levels during the occurrence of the base flood discharge. Encroachments include fill, new construction, substantial improvements, and other development. No net fill in the floodway fringe shall be allowed. 2. If an applicant seeks to provide off site replacement of 100% of the storage area lost to encroachments so that there is no increase in flood levels during the occurrence of base flood discharge, the applicant must submit certification by a registered professional engineer or architect demonstrating that encroachments shall not result in any increase in flood levels during the occurrence of the base flood discharge, and the offsite replacement location must be located within the same water-shed that the encroachment is occurring. 3. If subsection (1) or (2) of this section is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of KCC 14.09.170. B. Within the lower Mill Creek floodplain delineated on the Flood Insurance Rate Map Panels 969, 1232, and 1251 as a floodway; only residential construction is permitted and the following provisions apply: 1. Applicants shall provide onsite replacement of 100% of the storage area lost to encroachments so that there is no increase in flood levels during the occurrence of the base flood discharge. Encroachments include residential construction only. An alternative is to construct such that no net fill is placed on site. 2. If an applicant seeks to provide off site replacement of 100% of the storage area lost to encroachments so that there is no increase in flood levels during the occurrence of base flood discharge, the applicant 13 Flood Hazard Regulations must submit certification by a registered professional engineer or architect demonstrating that encroachments shall not result in any increase in flood levels during the occurrence of the base flood discharge, and the offsite replacement location must be located within the same water-shed that the encroachment is occurring. 3. If subsection (1) or (2) of this section is satisfied, all residential construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of KCC 14.09.170 SECTION 6. - Section 14.09.180 entitled "Floodways,"' is amended as follows: Sec. 14.09.180. Floodways. Within the floodway of the areas of special flood hazard, the following provisions apply: 1. Prohibit encroachments, including fill, new construction, substantial improvements, and other development unless certification by a registered professional engineer or architect is provided demonstrating through hydrologic and hydraulic analyses performed in accordance with standard engineering practice that encroachments shall not result in any increase in flood levels during the occurrence of the base flood discharge. 2. Construction or reconstruction of residential structures is prohibited within designated floodways, except for: repairs, reconstruction, or improvements to a structure which do not increase the ground floor area; and repairs, reconstruction, or improvements to a structure, the cost of which does not exceed fifty (50) percent of the market value of the structure either before the repair, reconstruction, or repair is started, or if the structure has been damaged, and is being restored, before the damage occurred. Work done on structures to comply with existing health, sanitary, or safety codes or to structures identified as historic places shall not be included in the fifty (50) percent determination. 14 Flood Hazard Regulations 3. If subsection (1) of this section is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of KCC 14.09.170. SECTION 7. - SeverabilitY. If any one or more section, subsections, or sentences of this ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this ordinance and the same shall remain in full force and effect. SECTIONS. - Effective Date. This ordinance shall take effect and be in force thirty (30) days from passage as provided by law. SUZETTE COOKE, MAYOR ATTEST: BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM: TOM BRUBAKER, CITY ATTORNEY PASSED: day of , 2008. APPROVED: day of , 2008. PUBLISHED: day of , 2008. 15 Flood Hazard Regulations I hereby certify that this is a true copy of Ordinance No. passed by the city council of the city of Kent, Washington, and approved by the mayor of the city of Kent as hereon indicated. (SEAL) BRENDA JACOBER, CITY CLERK P:\Civil\Ordinance\Flood Hazard Reg uIations14.09.doc 16 Flood Hazard Regulations COMMUNITY DEVELOPMENT Fred N. Satterstrom, AICP, Director PLANNING SERVICES 40 Charlene Anderson, AICP, Manager • Phone: 253-856-5454 KEN T Fax: 253-856-6454 W A S H I N G T O N Address: 220 Fourth Avenue S. Kent, WA 98032-5895 CITY OF KENT ADDENDUM TO THE CITY OF KENT COMPREHENSIVE PLAN EIS ADDENDA (#ENV-93-51) DATED SEPTEMBER 3, 2004 AND JANUARY 12, 2005 - CRITICAL AREAS ORDINANCE UPDATE FLOOD HAZARD REGULATIONS ENV-2008-36, KIVA 2083839 Responsible Official: Charlene Anderson I. Proposal On September 3, 2004 the City of Kent in accordance with WAC 197-11, adopted its Comprehensive Plan EIS (#ENV-93-51) and completed an addendum to that document for proposed development regulations to designate and protect critical areas in conformance with the requirements of the Growth Management Act (GMA). This addendum was further revised on January 12, 2005 prior to the adoption of Ordinance #3746 (Critical Areas). This document, which supplements the above referenced addenda, provides additional analysis specifically related to proposed changes to Kent City Code Chapter 14.09, Flood Hazard Regulations to meet the requirements of the Federal Emergency Management Agency (FEMA) National Flood Insurance Program (NFIP). The proposed changes include (1) new definitions, (2) clarification within subsections, (3) modification of the requirement for the finished floor elevation to be a minimum of two feet above the base flood elevation, and (4) adoption of the King County River and Floodplain Management Division Map dated March 2008, or the latest FIRM issued by FEMA, as best available science. II. Background Information The Growth Management Act (GMA) establishes a framework for local planning to manage growth. The GMA's planning goals identify key concerns (e.g. reducing sprawl, protecting the environment, providing services and facilities cost effectively, involving citizens in decisions, etc.) that must be addressed in local plans. The GMA also requires that local jurisdictions adopt development regulations to implement the policies of their Comprehensive Plans. More specifically the GMA requires that jurisdictions adopt regulations to protect critical areas and to review and amend these regulations as necessary when they revise their comprehensive plans or development regulations (RCW 36.70A.060(2) & (3)). The City of Kent is updating its flood hazard regulations to meet FEMA requirements. III. Impact to Environmentally Sensitive Areas and Land and Shoreline Use The code change will increase the designated floodplain hazard area within the City due to the mapping requirements from the reaffirmed congressional law. An increase of approximately 2,500 acres is proposed to be included within the designated floodplain and floodways within the City. The inclusion of a substantial amount of the new floodplain and floodway area is due to the lack of certification of the Green River Levee. Repair and replacement of the Green River Levee is one of the projects listed in the City of Kent Drainage Master Plan; this project is anticipated to occur within the next ten to fifteen years and could remove a substantial amount of the new acreage placed in the floodplain. In the meantime, development may still occur, albeit with greater difficulty due to the additional floodplain construction requirements. The new floodplain area also may cause regulation of some of the floodplain and floodway area through the Shoreline Master Program. IV. Decision This supplement to the EIS Addenda dated September 3, 2004 and January 12, 2005 adds additional analysis but does not substantially change the analysis of significant impacts found in the original EIS prepared.for the City of Kent Comprehensive Plan (#ENV-93-51). The Comprehensive Plan EIS, Addenda and this supplement to that addenda, adequately evaluate any potential adverse environmental impacts. Therefore, a separate threshold determination is not required. Subsequent site-specific development proposals will be required to show consistency with appropriate environmental and development regulations as well as the adopted Critical Areas Ordinance. Dated: December 15, 2008 Signature: Charlene Anderson, AICP, Responsible Official \\S:\Permit\Pla n\env\2008\2083839addend u m.doc I i APPLICATION FEE: i 1 SINGLE FAMILY DWELLING i ON INDIVIDUAL PARCEL: 250 ® CITY OF KENT PLANNING SERVICES ALL OTHERS: 700 i "�' (253) 856-5454 PUBLIC NOTICE BOARD EN W A S H I N G T O N $100 EACH BOARD I i i ENVIRONMENTAL CHECKLIST APPLICATION FORM i i Tn GIG !►nRAot CTCr1 QV CTACC. I ORDINANCE CHANGES TO KKC 14.09 FLOOD a KIVA#: � f7 HAZARD REGULATIONS (Sharon Clamp, Planner) = 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 Impact Statement will be prepared. An Environmental Impact Statement for this project has already been prepared. r Signature of Responsible Official Date 6•T�h^ B. COMMENTS: tt"t y54-y"n y C. TYPE OF PERMIT OR ACTION REQUESTED: D. ZONING DISTRICT: I City of Kent Planning Serviu-s Environmental Checklist-Page 2 TO BE COMPLETED BY APPLICANT: A. BACKGROUND INFORMATION: 1. Name of Project: City of Kent Ordinance Changes to Chapter 14.09 Flood Hazard Regulations 2. Name of Applicant: City of Kent Public Works Engineering Department Mailing Address: 220 &h Avenue S, Kent WA 98032 Contact Person: Beth Tan Telephone: 253-856-5552 (Note that all correspondence will be mailed to the applicant listed above.) 3. Applicant is (owner, agent, other):City of Kent, Public Works Department 253-856-6500 Name of Legal Owner: City of Kent Telephone: 253-856-5552 -- Mailing Address: 220 0 Avenue S., Kent, WA 98032 4. Location. Give general location of proposed project(street address, nearest intersection of streets and section, township and range). The Kent City Code 14.09(Frequently Flooded Areas) is applicable to all areas within the Boundaries of the City of Kent. 5. Legal description and tax identification number a. Legal description (if lengthy, attach as separate sheet): Portions of Sections 35 and 36,Range 5 E,W.M; portions of Sections 3,4,5,6, 10,15,23,26,30,31,3,2, and 35. Township 22 North, Range 5 East W.M.; all of Sections 7,8,9,16,17,18,19,20,21,22,27,28,29,33, and 34. Township 22 North, Range 5 East,W.M.; portions of Sections 2,3,10,15,16,21,23,25,26,27,28,35,and 36. Township 22 North Range 4 East, W.M., and all of Sections 1, 11, 12, 13, 14,22, and 24, Township 22 North Range 4 East W.M. in King County Washington. b. Tax identification number: (No Tax Number) 6. Existing conditions: Give a general description of the property and existing improvements, topography,vegetation,soil,drainage, natural features,etc. (if necessary,attach a separate sheet). The City of Kent is an urbanized city in Washington State with a population over 86,000 people. The City of Kent has diverse businesses such as agricultural, industrial, small businesses, along with a large Boeing Center, transit components, City of Kent Planning Servi,-s Environmental Checklist-Page 3 and railroad system. The City of Kent continues to grow and develop into a destination for southeast King County with a growing residential community. The type of topography varies throughout the city limits, from hills, valleys, rolling fields, urbanized-graded areas and flat areas created by the streams and river that run through the area.Vegetation varies from urbanized landscapes to wooded areas, stream corridor plantings and wetlands. The floodplain associated with the Green River extends 2006 acres with the city limits and the preliminary FIRM panels will increase this area to a maximum of approximately 6900 acres. 7. Site Area: See Map attached Site Dimensions: See Figure attached (Base Map) 9. 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): The Ordinance for the proposed changes to Kent City Code 14.09, Flood Hazard Regulations,provides the framework for floodplain management within the city limits to meet requirements of the Federal Emergency Management Agency(FEMA)National Flood Insurance Program (NFIP). The proposed changes range from definitions, clarification within subsections, modification to change the requirement for the finished floor elevation to be a minimum of two (2) feet above the base flood elevation, and to adopt the King County River and Floodplain Management division map dated March 2008 or the latest FIRM to be issued by FEMA as best available science. 10. Schedule: Describe the timing or schedule (include phasing and construction dates, if possible). The schedule of the ordinance is to have it approved by Council in December 2008. The subsequent code changes will be provided to FEMA for inclusion within the City's CRS application. This application was submitted to FEMA with an effective date of October 16, 2009. 11. Future Plans: Do you have any plans for future additions, expansion or further activity related to or connected with this proposal? If yes, explain. No other changes are expected to Kent City Code Chapter 14.09. 12. Perm its/Approvals: List all permits or approvals for this project from local, state,fe ral-q�-,-u other agencies for which you have applied or will apply as required for y I pf-0P.0 I CE DATE ? AGENCY PERMIT TYPE SUBMITTED* NUMBER STATUS** City of Kent Planning Service Environmental Checklist—Page 4 *Leave blank if not submitted 'Approved, denied or pending 13. Environmental Information: List any environmental information you know about that has been prepared, or will be prepared, directly related to this proposal. None 14 Do you know whether applications are pending for governmental approvals of other proposals`directly affecting the property covered by your proposal? If yes, explain. Do not know of such applications. II i i j j City of Kent Planning Services EVALUATION FOR Environmental Checklist— Page 5 AGENCY USE ONLY I a. ENVIRONMENTAL ELEMENTS a. Earth a. General description of the site (circle one): Fla , rollin , hill , stee slo es, mountainous, other: The city contains a varying topographic area. b. What is the steepest slope on the site (approximate percent slope)? Within the City of Kent there are slopes greater than 40 percent. c. What general types of soils are found on the site (for example, clay,, sand, gravel, peat, muck)? If you know the classification of agricultural soils, specify them and note any prime farmland. The City of Kent is comprised by post-glacial alluvial deposits,with some outwash areas within the Green River valley. No prime farmland is affected by the adoption of the revised language for KCC 14.09. d. Are there surface indications or history of unstable soils in the immediate vicinity? If so, describe. Within the City of Kent there are several identified areas of steep slopes that are identified as Geological hazardous areas. e. Describe the purpose, type and approximate quantities of any filling or grading proposed. Indicate source of fill. Not applicable. f. Could erosion occur as a result of-clearing, construction, or use? If so, generally describe. Not applicable. g. About what percent of the site will be covered with impervious surfaces after project construction (for example, asphalt or buildings)? Not applicable. h. Proposed measures to reduce or control erosion, or other impacts to they , earth, if any. ' °" Not applicable. 2. Air _ U-fit, % a. What types of emissions to the air would result from the proposal (i.e., � °l�' dust, automobile, odors, industrial wood smoke)during construction and when the project is completed? If any, generally describe and give approximate quantities if known. Not applicable, b. Are there any off-site sources of emissions or odor that may affect your proposal? If so, generally describe. I City of Kent Planning Services EVALUATION FOR Environmental Checklist— Page 6 AGENCY USE ONLY No. c. Proposed measures to reduce or control emissions or other impacts to air, if any. Not applicable. 3. Water a. Surface: 1) Is 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)? If yes, describe type and provide names. If appropriate, state what stream or river it flows into. The ordinance revises 14.09, Flood Hazard Regulations,- within the city limits. This will govern any construction or modification within floodplains, 'floodways, or areas of special flood hazard. The ordinance will continue to limit construction and filling within areas designated as floodways and floodplains etc' near all streams and the Green River within the City of Kent. 2) Will the project require any work over, in or adjacent to(within 200 feet) the described waters? If yes, please describe and attach available plans. Not applicable. 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. Indicate the source of fill material. Not applicable. 4) Will the proposal require surface water withdrawals ordiversions? Give general description, purpose,and approximate quantities, if known. Not applicable. 5) Does the proposal lie within a 100-year floodplain? If so, note location on the site plan. The Ordinance adoption will change with the floodplain maps that the City currently uses. This adoption is necessary to meet best available science requirements set by FEMA 6) Does the proposal involve any discharges of waste materials to surface waters? If so, describe the type of waste and anticipated volume of discharge. No. b. Ground: City of Kent Planning Services EVALUATION FOR Environmental Checklist— Page 7 AGENCY USE ONLY 1) Will ground water be withdrawn, or will water be discharged to ground water? Give general description, purpose, and approximate quantities, if known. Not applicable. 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. None. 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? If so, describe. Not applicable. 2) Could waste materials enter ground or surface waters? If so, generally describe. Not applicable. d. Proposed measures to reduce or control surface, ground, and runoff water impacts, if any: The ordinance will not affect the current governing of water control and impacts to reduce runoff. 4. Plants The ordinance includes the entire City of Kent.Throughout the area there is a variety of vegetation to be found within the,city limits. �,,•�� a. Check or circle types of vegetation found on the site: X Deciduous tree: laider, ma I , other jPacific willo �+ Black Cottonwood, Oregon Ash —X—Evergreen tree: OR ceda , Hemloc in , othe X Shrubs: Red Elderber ,Salmonber ine ma pi , dewber iV cascar X Grass reed canary grass Pasture i i City of Kent Planning Services EVALUATION FOR Environmental Checklist—Page 8 AGENCY USE ONLY Crop or grain X Wet soil plants: cattail, buttercup, bulrush, skunk cabbage, other Water plants: water lily, eelgrass,milfoil, other X Other types of vegetation limalayan blackber evergreen blackberr , Scot's broor] b. What kind and amount of vegetation will be removed or altered? Not applicable. c. List threatened or endangered species known to be on or near the site. Within the City of Kent,Chinook salmon,bull trout and steelhead are located within City limits. d. Proposed landscaping, use of native plants, or other measures to preserve or enhance vegetation on the site, if any: Not applicable. 5. Animals The ordinance includes the entire City of Kent. Throughout the area there is a variety of animals to be found within the city limits. 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: Mr , heron, ea I , son birds, other: kin fisher, flicked, robin, towhe , blackbird, 'unc chickadee, di e Mammals: dee , bear, elk, heave , other: otte , co of , raccoon, 0 ossum,jra , of Fish: bass, salmon, rou , herrin , shellfish ® � laande Other: ro s, snak , sam _ _ b. List any threatened or endangered species known to be on or near the site. Within the City of Kent,Chinook salmon,bull trout and steelhead are located within City limits c. Is the site part of a migration route? If so, explain. The City limits include areas considered to be within the Pacific Flyway. City of Kent Planning Services EVALUATION FOR Environmental Checklist— Page 9 AGENCY USE ONLY i d. Proposed measures to preserve or enhance wildlife, if any: s The adoption of the ordinance will continue to comply with federal provisions in the protection of flood hazards within the city limits. 6. Energy and Natural Resources a. 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. None b. Would your project affect the potential use of solar energy by adjacent properties? If so, generally describe. No. c. 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: N/A 7. Environmental Health a. 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? If so, describe. The ordinance will not change the existing regulations in governing health hazards'within the city. 1) Describe special emergency services that might be required. Not applicable. 2) Proposed measures to reduce or control environmental healthy hazards, if any: Not applicable. b. Noise 1) What types of noise exist in the area which may affect your project (for example: traffic, equipment operation, other)? Not applicable. 2) What types and levels of noise would be created by or associated with the project on a short-term or a long-term basis(for example: traffic, construction,operation, other)? Indicate what hours noise would come from the site. Not applicable. 3) Proposed measures to reduce or control noise impacts, if any: l City of Kent Planning Services EVALUATION FOR Environmental Checklist—Page 10 AGENCY USE ONLY Not applicable. 8. Land and Shoreline Use a. What is the current use of the site and adjacent properties? The proposed changes to KCC 14.09 cover the entire City. Use range from undisturbed sites to Industrial. b. Has the site been used for agriculture? If so, describe. Not applicable. c. Describe any structures on the site. Not applicable. d. Will any structures be demolished? If so, what? Not applicable. e. What is the current zoning classification of the site? The zoning classifications vary across Kent City Limits. f. What is the current comprehensive plan designation of the site? The ordinance would be applicable to all comprehensive plan designations within the city limits. g. If applicable,what is the current shoreline master program designation of the site? Not applicable. h. Has any part of the site been classified as an"environmentally sensitive area? If so, specify. The adoption of the ordinance would include "environmentally sensitive" areas and will be individually evaluated as applications are evaluated. i. Approximately how many people would reside or work in the completed project? Not applicable. j. Approximately how many people would the completed project displace? Not applicable. k. Proposed measures to avoid or reduce displacement impacts, if any: Not applicable. I. Proposed measures to ensure the proposal is compatible with existing and projected land uses and plans, if any. Not applicable. 9. Housing � I City of Kent Planning Services EVALUATION FOR Environmental Checklist— Page 11 AGENCY USE ONLY I i a. Approximately how many units would be provided, if any? Indicate whether high, middle, or low income housing. None. b. Approximately how many units, if any, would be eliminated? Indicate whether high, middle, or low income housing. None. 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? I Not applicable. b. What views in the immediate vicinity would be altered or obstructed? Not applicable. I c. Proposed measures to reduce or control aesthetic impacts, if any. Not applicable. 11. Light and Glare a. What type of light or glare will the proposals produce? What time of day would it mainly occur? Not applicable. b. Could light or glare from the finished project be a safety hazard or interfere with views? Not applicable. ; c. What existing off-site sources of light or glare may affect your proposal? V�; ' Not applicable. d. Proposed measures to reduce or control light and glare impacts, if any. Not applicable. 12. Recreation a. What designated and informal recreational opportunities are in the immediate vicinity? The adoption of the ordinance for Flood Hazard Regulations does not include any provisions to change current Recreational codes and compliance. I City of Kent Planning Services EVALUATION FOR ` Environmental Checklist—Page 12 AGENCY USE ONLY b. Would the proposed project displace any existing recreational uses? If so, describe. Not applicable. c. Proposed measures to reduce or control impacts on recreation,including recreation opportunities to be provided by the project or applicant, if any. Not applicable. 13. Historic and Cultural Preservation a. 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? If so, generally describe. Not applicable. b. Generally describe any landmarks or evidence of historic,archaeological, scientific, or cultural importance known to be on or next to the site. Not applicable. c. Proposed measures to reduce or control impacts, if any. Not applicable under the adoption of an ordinance. 14. Transportation a. Identify public streets and highways serving the site, and describe proposed access to the existing street system. Show on site plans,if any. Not applicable. b. Is site currently served by public transit? If not, what is the approximate distance to the nearest transit stop? Not applicable. c. How many parking spaces would the completed project have? How many would the project eliminate? Not applicable. d. Will the proposal require any new roads or streets, or improvements to existing roads or streets, not including driveways? If so, generally describe (indicate whether public or private). No roads of streets are proposed due to the ordinance adoption. e. Will the project use(or occur in the immediate vicinity of)water, rail,or air transportation? If so, generally describe. NO f. How many vehicular trips per day would be generated by the completed project? If known, indicate when peak volumes would occur. i City of Kent Planning Services EVALUATION FOR Environmental Checklist— Page 13 AGENCY USE ONLY None. r g. Proposed measures to reduce or control transportation impacts, if any. Not applicable. 15. Public Services a. Would the project result in an increased need for public services (for example:fire protection, police protection, health care,schools,other)?If so, generally describe. No. b. Proposed measures to reduce or control direct impacts on public services, if any. Not applicable. 16. Utilities The adoption of the ordinance will only affect the governing of flood hazard regulations. The utilities within the ciltv limits are shown.. a. Circle utilities currently available at the site: lelecltrici natural as, ate ,Irefuse servic ele hone, fiber o tic,lsariEtarisewe , septic system, other.JCable T b. Describe the utilities that are proposed for the project, the utilities providing the service and the general construction activities on the site or in the immediate vicinity, which might be needed. Not applicable. 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. Signature. 0 L- " �.�.� ?�i 7 a C'aEER City of Kent Planning Services EVALUATION FOR Environmental Checklist—Page 14 AGENCY USE ONLY 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 ordinance adoption is not expected to impact these environmental elements. No increases in the volume of discharged water, or production, storage or release of toxic or hazardous substances will occur with the proposed changes to KCC 14.09 Proposed measures to avoid or reduce such increases are: Not applicable. 2. How would the proposal be likely to affect plants,animals,fish, or marine life? The ordinance to adopt changes within the Flood Hazard Regulations (KCC 14.09) is not anticipated to impact these environmental elements. Proposed measures to protect or conserve plants, animals, fish, or marine life? Not applicable. 3. How would the proposal be likely to deplete energy or natural resources? Not applicable. Proposed measures to protect or conserve energy and natural resources are: Not Applicable 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? The proposed ordinance will increase the designated floodplain City of Kent Planning Services EVALUATION FOR Environmental Checklist—Page 15 AGENCY USE ONLY hazard area due to the mapping requirements from the re- affirmed Congressional law. An increase of approximately 2500 acres is proposed to be included within the designated floodplain and floodways within the city. Proposed measures to protect such resources or to avoid or reduce impacts are: Not applicable. 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? The adoption of the ordinance may decrease use within the shoreline area due to enforcement of the flood hazard regulations. Proposed measures to avoid or reduce shoreline and land use impacts are: Not Applicable 6. How would the proposal be likely to increase demands on transportation or public services and utilities? Not applicable. Proposed measures to reduce or respond to such demand(s) are: None. 7. Identify, if possible,whether the proposal may conflict with local,state, or federal laws or requirements for the protection of the environment. The adoption of the proposed ordinance will bring the City of Kent into full compliance with local, state, and federal laws for flood hazard regulations. R E V E W3 �'l lij i PAADMIN\2000Forms\SEPA.frm.doc (REVISED 6/00)