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HomeMy WebLinkAboutCity Council Meeting - Council - Agenda - 04/19/2005 i City of Kent City Council Meeting Agenda j April 19, 2005 t Mayor Jim White Julie Peterson, Council President Councilmembers ' Tim Clark Debbie Raplee Ron Harmon Les Thomas Deborah Ranniger Bruce White IN KENT WASHINGTON i City Clerk's Office 1 KENT CITY COUNCIL AGENDAS KENT April 19, 2005 WASHINOTON Council Chambers MAYOR: Jim White COUNCILMEMBERS: Julie Peterson, President I Tim Clark Ron Harmon Deborah Ranniger Debbie Raplee Les Thomas Bruce White COUNCIL WORKSHOP AGENDA 5:30 p.m. Item Description Speaker Time 1. Public Works Annual Report Public Works Staff 30 min COUNCIL MEETING AGENDA 7:00 p.m. 1. CALL TO ORDER/FLAG SALUTE 2. ROLL CALL 3. CHANGES TO AGENDA A. FROM COUNCIL, ADMINISTRATION, OR STAFF B. FROM THE PUBLIC - Citizens may request that an item be added to the agenda at this time. Please stand or raise your hand to be recognized by the Mayor. 4. PUBLIC COMMUNICATIONS A. Introduction of Appointee B. Employee of the Year—Kathleen Senecaut 5. PUBLIC HEARINGS None b. CONSENT CALENDAR A. Minutes of Previous Meeting —Approve N B. Payment of Bills—Approve a C. 2005-2010 Print Shop Copier Lease— Approve tk\ D. Environmental Engineer II Position—Approve E 2005 Bond Refunding Ordinance—Adopt 37 3R F. Downtown Strategic Action Plan Update Ordinances (3)—Adopt 4'Xo 5 G. 2004 Comprehensive Plan and Zoning Map Amendments Ordinances (2)—Adopt H. Morgan's Place Final Plat—Approve (QUASI-JUDICIAL) I. Taylor Associates, Inc. Consultant Services Agreement—Authorize (Continued on Back) COUNCIL MEETING AGENDA CONTINUED J. Natural Systems Consultant Agreement—Authorize K. S. 228`h Street Railroad Grade Separation Consultant Contracts —Authorize L. Puget Sound Energy Construction Agreement for Military Road Underground Power Conversion—Authorize M. Waste Reduction and Recycling Grant Amendment—Approve N. Transportation Improvement Board Grant Agreement for Pacific Highway South, South Phase—Authorize O. Transportation Improvement Board Grant Agreement for the 277`h Street Corridor Extension—Authorize h}5 P. Ordinance Amending Kent City Code Section 7.08, Side Sewer Code—Adop Q. Haupt Short Plat Infrastructure Improvements Bill of Sale—Accept R. Diversity Advisory Board Appointment—Confirm ^ t Critical Areas Ordinance—Adopt 3 1 q J "� Habitat Protection and Restorarion Plan Resolution—Adopt I(A` 7. OTHER BUSINESS A Mount View Rezone—Approve (QUASI-JUDICIAL) C/�ni� ca e GLeeo 0,1 a A. Service Club Ball Park 9. REPORTS FROM STANDING COMMITTEES, STAFF AND SPECIAL COMMITTEES 10. CONTINUED COMMUNICATIONS Pr . ur-- 11. EXECUTIVE SESSION AND AFTER EXECUTIVE SESSION A. Pending Litigation B. Property Acquisition 12. ADJOURNMENT NOTE: A copy of the full agenda packet is available for perusal in the City Clerk's Office and the Kent Library The Agenda Summary page and complete packet are on the City of Kent web site at www.ci kent va us. An explanation of the agenda format is given on the back of this page. 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A) FROM COUNCIL, ADMINISTRATION, OR STAFF B) FROM THE PUBLIC PUBLIC COMMUNICATIONS IA) INTRODUCTION OF APPOINTEE t B) EMPLOYEE OF THE YEAR-KATHLEEN SENECAUT 1 t I 1 t I I t t 1 CONSENT CALENDAR 6. City Council Action: Councilmember Lr1A'K moves, Councilmember W)P seconds to approve Consent Calendar Items A through YK f IDiscussion �' S'r MCI"Action 6A. Approval of Minutes. Approval of the minutes of the regular Council meeting of April 5, 2005. 6B. Approval of Bills. Approval of payment of the bills received through March 15 and paid on March 15 after auditing by the Operations Committee on March 15, 2005. iApproval of checks issued for vouchers: Date Check Numbers Amount 3/15/05 Wire Transfers 1985-2001 $117203824.60 3/15/05 PrePays & 575070 308,033.54 3/15/05 Regular 575812 1,196,039.51 $35224,897.65 Approval of checks issued for pWoll for February 16 through February 28 and paid on March 4, 2005: Date Check Numbers Amount 3/4/05 Checks 282271-282530 $ 203,446.60 314/05 Advices 176620-177287 1,211,779.19 $1,415,225 79 tApproval of checks issued for payroll for March 1 through March 15 and paid on March 18, 2005: Date Check Numbers Amount 3/18/05 Checks 282531-282812 $ 213,398.47 3/18/05 Advices 177288-177960 1,225,891.46 $1,439,289.93 Council Agenda Item No. 6 A-B KENT Kent City Council Meeting WASHINOTON April 5, 2005 jThe regular meeting of the Kent City Council was called to order at 7:00 p.m. by Mayor White. Councilmembers present: Clark, Harmon, Ranniger, Raplee, Thomas and White. Council President Peterson was excused from the meeting. (CFN-198) FLAG SALUTE The flag salute was led by Girl Scout Troop 8351 from Sprmgwood Apartments. CHANGES TO AGENDA A From Council,Administration, or Staff. (CFN-198) Consent Calendar Item L was added to the agenda, and Executive Session Item A was removed. B. From the Public. (CFN-198) Continued Communications Items A, B and C were added at i the request of audience members. PUBLIC COMMUNICATIONS A. Employee of the Month. (CFN-147) Mayor White announced that Ellen Bradley-Mak, HR Benefits Analyst, has been named April Employee of the Month. B. Kent Sister City Association/Sister Cities International 2005 Youth Art Competition Presentation. (CFN-198) Joanne Schaut, International Programs Coordinator, and Greg Worthing of the Arts Commission, introduced the winners of the competition, and Mayor White presented the awards. PUBLIC HEARINGS t A. McMillin Street Vacation. (CFN-102) Resolution No. 1696 established April 5, 2005 as the public hearing date for the petition by Kent School District##415 to vacate a portion of McMillin Street between State and Kennebeck Avenues, and the alley directly north Charlene Anderson, Planning Manager, noted that there was a similar application last year and that the new proposal eliminates a portion of McMillin Street. Mayor White opened the public hearing. Larry Price, t Kent School District, explained the possible uses for the additional property vacation of the alley will add. CLARK MOVED to make Price's letter a part of the record, White seconded and the motion carried. There were no further comments from the audience and CLARK MOVED to close the public hearing. White seconded and the motion carried. WHITE MOVED to approve staffs recommendation of approval with conditions of the application to vacate a portion of McMillin Street between State and Kennebeck Avenues, and the alley directly north, as referenced in Resolution No. 1696, and to direct the City Attorney to I prepare the necessary ordinance upon compliance with the conditions of approval. Clark seconded and the motion carried. CONSENT CALENDAR CLARK MOVED to approve Consent Calendar Items A through L. White seconded and the motion carried. 1 Kent City Council Minutes April 5, 2005 A. Approval of Minutes. (CFN-198) The minutes of the regular Council meeting of March 15, 2005 were approved. ' B. Approval of Bills. (CFN-104) Numbers were not available for approval. C. Kiel Mortgage Office Building Infrastructure Improvements Bill of Sale. (CFN-484) The Bill of Sale for Kiel Mortgage Office Building Infrastructure Improvements submitted by Paul Gotz for continuous operation and maintenance of 310 feet of street improvements and 274 feet of storm sewer was accepted. D. Service Club Park Donation. (CFN-118) The$10,000 donation from the Kent Rotary Club was accepted and the expenditure of funds in the Service Club Park budget was authorized. E. King County Water District No. 111 Easement and Bill of Sale. (CFN-484) The Mayor was authorized to sign the King County Water District No. I I I Easement and Bill of Sale for water lines at Wilson Playfields. F. Interagency Committee for Outdoor Recreation Boatin2 Facilities Proiect Grant. (CFN-118) The Boating Facilities Project Grant from the Interagency Committee for Outdoor Recreation for $258,414.00 was accepted, the Mayor was authorized to sign the agreement, and the expenditure of funds in the Lake Meridian Boat Launch Renovation Project budget was approved. G. Fire Stopper Program Memorandum of Understanding. (CFN-122) The Mayor was authorized to sign the Fire Stoppers Program Memorandum of Understanding. The countywide program offers help and support to the children and their families involved in a fire setting incident. H Probation Violations and Deferred Prosecution Amendment Ordinance. (CFN-122) j Ordinance No. 3737 amending section 9.02.390 of the Kent City Code to provide Kent police officers with the authority to arrest probation violators was adopted. I. Washington Traffic Safety Commission Grant Application. (CFN-122) The Police Department was authorized to apply for a Washington Traffic Safety Commission Grant. This grant is in the amount of$65,750 over the two year period of July 1, 2005 through June 30, 2007. The funds from this grant will cover one-half the salaries benefits for the part-time Drinking Driver Task Force coordinator and some of the operations and travel expenses over the two-year period of the grant. J. Washington Association of Sheriffs and Police Chiefs Grant. (CFN-122) A mum-grant from the Washington Association of Sheriffs &Police Chiefs in the amount of$1,000 to be used to purchase equipment for DUI enforcement was accepted. K. Stay Out of Areas of Racing (SOAR)—Amending Ordinance. (CFN-122) Ordinance No. 3738 amending Chapters 9.42 and 9.43 of the Kent City Code to address racing and race attendance within the City of Kent was adopted. 2 Kent City Council Minutes April 5, 2005 rADDED I L. Council Absence. (CFN-198) An excused absence for Council President Peterson from tonight's meeting was approved. i BIDS A. W. Smith Street Improvements. (CFN-1038) The bid opening for this project was held on March 28, 2005, with three (3) bids received. The low bid was submitted by R. W. Scott Construction in the amount of$2,446,586.99. The Engineer's estimate was $2,134,567.61. WHITE MOVED to authorize the Mayor to enter into a contract with R. W. Scott Construction in the amount of$2,446,586.99 for the W Smith Street Improvements project. Raplee seconded and the motion carried. REPORTS Planning and Economic Development Committee. (CFN-198) Clark noted that Suburban Cities will meet on April 20. CONTINUED COMMUNICATIONS A. Heartland LLC. (CFN-198) Bob O'Brien, 1131 Seattle Street, suggested using local real estate developers. iB. S. 224th Extension. (CFN-198) Eugene Bremner, 10502 SE 216th Street, spoke regarding notice to property owners of a potential five-lane road through their residential neighborhood. ' C. Channel 21. (CFN-198) Ted Kogita, 25227 Reith Road, suggested televising debates on Channel 21 during the upcoming election. ADJOURNMENT At 7:42 p.m., WHITE MOVED to adjourn. Thomas seconded and the motion carried. (CFN-198) 1 Brenda Jacober, CM City Clerk 3 Kent City Council Meeting Date April 19, 2005 ' Category Consent Calendar I. SUBJECT: 2005-2010 PRINT SHOP COPIER LEASE—APPROVE 2. SUMMARY STATEMENT: Approve the 2005-2010 Print Shop Copier Lease. The City of Kent print shop/copy center provides central copy services for black and white and color copies to all City departments. The current copier lease has expired and the equipment is at end of its life. This proposal replaces three existing copiers with three digitally connected; high speed, printer/ copiers at an equivalent cost; the new copiers will improve speed, quality, and service, and they include advanced features for print-on-demand and variable data. The improved technology will provide greater productivity and the print-on-demand feature will allow the City to print on an as-needed basis which will reduce waste, save time and reduce costs. 3. EXHIBITS: Operations Committee packet: including Copier RFI respondents analysis, copier contract lease options, copier test, reference document, copier RFI 4. RECOMMENDED BY: Operations Committee (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure`' Estimated $82,576.96 Currently in the Budget? Yes X No 1 If no: Unbudgeted Expense: Fund Amount $ Unbudgeted Revenue: Fund Amount $ 6. CITY COUNCIL ACTION: tCouncilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 6C rINFORMATION TECHNOLOGY Stan Waldrop, Director KENT Phone- 253-856-4600 WAe HINOTON Fax 253-856-4700 Address: 220 Fourth Avenue S. IKent, WA 98032-5895 DATE: April 5, 2005 TO: Kent City Council Operations Committee FROM Stan Waldrop, IT Director Dea Drake, Multimedia Manager THROUGH: Mayor Jim White SUBJECT: 2005-2010 Print Shop Copier Lease MOTION: I move to approve entering into a fifty-four month lease with Xerox Corporation for two black and white and one color digital production copier(s), through the King County Director's Association (KCDA)purchasing contract subject to approval as to form by the Legal Department. SUMMARY: The City of Kent print shop/copy center provides central copy services for black and white and color copies to all City departments The current copier lease has expired and the equipment is at end of life This proposal replaces three existing copiers with three digitally connected;high speed,printer/copiers at an equivalent cost, improves speed, quality, and service and includes advanced features for print-on-demand and variable data The improved technology will provide greater productivity and the print-on-demand feature will allow the City to print on an as-needed basis which will reduce waste,save time and reduce costs. BUDGET IMPACT: Included in the 2005 Operating budget. BACKGROUND: Technology in the copier/printer market has changed rapidly in the last several I years. Costs have remained stable while features and productivity have greatly improved Copiers have advanced to a level previously unavailable to the mid-range production print shop environment. In order to take advantage of this changing technology and select the appropriate equipment for the City, a request for information and quotes was distributed. Eight vendors responded representing ten different copier brands and numerous models. A demonstration packet was prepared which had a variety of output tasks representing the type and variety of work experienced in our print shop Of those vendors, 1 six met minimum qualifications and a detailed site visit and testing procedure was carried out at each site on each proposed equipment model Copiers were tested for speed, quality, reliability, electronic and digital features and capabilities,in-lme folding and finishing features,operational efficiency, and t ability to output the type of work produced by our shop. Price, machine experience in the market, and the physical size of the machine in relation to the space available were also considered. Two finalists were selected and multiple references were checked on the proposed equipment and the parent company. 1 Based on all factors, staff recommends leasing the following equipment; a Xerox Nuevera 120 with Freeflow software, a Xerox 2101, and a Xerox 3535 color with a Fiery external controller The recommended equipment has an annual lease price of$79,885.67 plus cost per copy of 006 for B&W and 0890 for color. The total estimated annual cost based on 2004 volumes is $82,576 96, including tax. The 2004 actual copier expense was $84,786.98. 4� City of Kent Multimedia Services '`��/ KENT Production Copier RFI, respondents and results wuwinora• I Minimum requirements: B&W 1 Primary high-production environment copier/printer with inline inserting, folding, stapling and booklet making,print-on demand, variable data, scan to print and scan to file,ability to edit originals, store,modify and create and fully program and save. 1 Back-up copier/printer with most of features of primary copier COLOR 1 Production color copier/printer 12xl8, duplex and staple Rank Company/Machines Proposed/rested Results 1 Document Company Two site visits and series of tests completed by a full team,plus , Xerox additional tests submitted to verify all requirements both black and Freeflow External Controller white and color. The only company with a full set of machines that Xerox Nuvera 120& 100 met all the requirements, fit in the print shop,was within budget, j Xerox 2101 had experience in the market and machines proven over time in a Fiery External Controller--color production environment. Excellent references on all machines in Xerox 3535 Color the production environment. Xerox Doc 12 color 2 Pacific Office Automation Two site visit(s) and series of tests completed by a full team. Konica/Minolta Bizhub 7272 did not meet minimum requirements for quality. Bizhub Internal Controller Bizhub 350 color did not meet the production copier requirements, BizhubPRO1050 had limited color controls and clumsy programming interface. Bizhub 7272 Color references were not in a production environment Bizhub 350 Color BixhubPRO 1050 very promising, met all requirements. The with internal Fiery Controller machine has not been market tested, first machines placed nationwide in January. Two of the references were beta test sites , still in testing No machines in the region; no variable data or print on demand experience. This machine has potential four years from now if it proves itself in the market and works out the bugs. Good references j 3 Copiers NorthWest Two site visit(s) and series of tests completed by full team. MicroPress Universal Server Cannon met minimum feature requirements but failed quality Cannon ImageRunner 85& 105 requirements Heidelburg 110/120 met all requirements, strong ' Heidelburg 110& 120 candidate,machine required 20 foot floor space; not available in Cannon ImageRunner C3220 Color current print shop Did not have a back-up machine option. 4 Danka Office Imaging Two-person team site visit and test completed ' Cannon ImageRunner 8500& 105 Cannon&Toshiba's did not meet requirements Cannon ImageRunner 105 No Heidelburg 110 to test. Toshiba e-Studio 900 and 1050 Color copier did not meet quality requirements. Cannon ImageRunner C3200 Color 5 Imagistics Two-person team site visit and test completed Minolta Imagistics DL850 Did not meet requirements Ima isetics CM3520 Color 5 Ricoh Business Systems Two-person team site visit and test completed Ricoh Aficio 2090&2105 Did not meet requirements Riso HC5000 color 6 Witt Company & Both companies declined after receiving test documents Oce North American, Inc. No site visit Oce VanoPrint 2090&2110 Riso HC5000 color U\My Documents\Copiers\2005 Copier ReplecerrenACuuncil Pscket\Copier RE responders doe >� t City of Kent Copier Options -48 month contract Avg monthly cost per Click Name/Model copy I #copies charges 48 mo lease Avg Mo Avg Year with tax pt i Mon Xerox Nuvera 120 000601 110,000 66000 2,818.69 3,478 69 41,744 28 Xerox 2101 0.0060 110,000 660.00 1,202 64 1,86264 22,351 68 Xerox 3535 0.0890 4,311 38368 1,01956 1,40324 16,838 87 1 Total Option 1 1,703.68 5,040.89 6,744.57 80,934 83 $88,057.09 Option Xerox Nuvera 100 000601 110,0001 660.001 2,575601 3,23560 38,827 20 Xerox 2101 00060 110,000 66000 1,202 64 1,86264 22,351.68 Xerox 3535 008901 4,311 383681 1,019.561 1,40324 16,838 87 TotaVOption 2 1,703,681 4,797.801 6,501,481 78,017.75 $84,883.31 2004 Actual $84,786.98 2005 Budget $94,734.00 City of Kent Copier Options - 54 month contract Avg monthly cost per Click Name/Model copy I #copies charges 54 mo lease Avg Mo Avg Year with tax Option Xerox Nuvera 120 0.00601 110,0001 660001 2,616451 3,276.45 39,317.40 Xerox 2101 0 0060 110,000 660 00 1,09879 1,758.79 21,105 48 Xerox 3535 008901 4,311 383681 905221 1,288 90 15,466 79 Total Option 1 �."-, 1 1,703 68 4,620 46 6,324.14,75,889 67 $82,567.96 p ion Xerox Nuvera 100 00060 110,0001 660.001 2,395 04 3,055 04 36,660.48 t Xerox 2101 0.0060 110,0001 660001 1,098.791 1,758.79 21,10548 Xerox 3535 00890 4,3111 383681 905.221 1,288.90 15,466 79 Total'Option'2 - 1,703.681 4,399.05 r6,102.73 73,232.75 $79,677.23 2004 Actual $84,786.98 1 2005 Budget $94,734.00 City of Kent Copier Options - 60 month contract Avg monthly cost per Click Name/Model copy #copies charges 60 mo lease Avg Mo I Avg Year I with tax ' pion Xerox Nuvera 120 000601 110,000 660 00 2,455.83 3,115.83 37,389 96 Xerox 2101 000601 110,000 660.00 1,016 03 1,676.03 20,112 36 Xerox 3535 008901 4,311 383681 855131 1,238 81 14,865 71 Total Option 1. '_'� = 1,703.68 - 4,326 99 6,030.67 72,368.03 $78,736.41 p ion Xerox Nuvera 100 000601 110,000 660 00 2,251 69 2,911 69 34,940 28 Xerox 2101 000601 110,000 66000 1,016031 1,676 03 20,112 36 Xerox 3535 008901 4,311 38368 855131 1,238 81 14,865 71 Total Option 2` 1,703.68 4,122.851 5,826 53 69,918.35L$84,786.98 ,071.16 2004 Actual 2005 Budget ,734.00 r City of Kent Copier Test For each copier tested produce the following documents— DIGITAL TEST COMBINATION TEST 1. City of Kent 11x17 booklet pdf—Note- 1. City of Kent Combination Test Booklet is set up already as l 1x17 spread, not 8.5 Scan this document off the glass from x 11 originals provided a) Send digitally, 5 copies, with heavy cover, Insert and label tabs 1-5 (every five sheets) spine stapled In section 4 insert the 1x17 originals scanned off glass- 2. City of Kent Agenda testl.pdf—Send Fold l Ix17 in-line digitally—Note tabs already typeset in this book— Add a front cover and a back cover 5-bank tabs will be provided , Output— I book Pg. 1 cover stock printed OFF THE GLASS TESL' Pg. 3 Tab Pg. 4-5 Green paper, duplexed 1. City of Kent 11x17 booklet pdf—Note- Pg. 6/7 Blue paper, singled sided Booklet is setup already as l 1x17 spread,not 8.5 Pg. 8 Tab x 11 Pg 9/10 Blue paper, single sided Copy off glass from originals provided Pg. 11 Tab 7 books,with heavy cover, spine stapled Pg. 12 Blue paper, single sided Pg. 13 Tab 2. City of Kent Fire DoorHangers.pdf Pg. 14-22 duplexed white Original is 3-up on a slightly undersized Pg. 23 Tab sheet. Pg 24125 Blue single sided Copy off glass from originals provided Pg. 26-51 duplexed white 7 copies onto predrilled door hanger card Unprinted back cover stock stock provided 3. City of Kent FireDoorHangers.pdf 3. City of Kent inspection ner test.pdf— Onginal is 3-up on a slightly undersized Copy off glass from originals provided , sheet. Print digitally 5 copies onto 7 sets of 2-part, 2-sided ncr predrilled door hanger card stock. 4. City of Kent inspection ncr test.pdf— Print 5 sets of 2-part, 2-sided ncr. ' City of Kent Dea Drake, Multimedia Manager 253-856-4646 Fax 253-856-4700 ' Copier references b&w color Name/Model of copier reference date tCompany Name/title: How long have you had this copier? ' Main type of work: Features you have/use: Copy of glass digital copies print on demand scan to file staple Insert from multiple trays post insertion color or covers punch/drill send variable data booklet/z-fold Other Programs/formats sent digitally QUALITY OF OUTPUT poor best Quality/consistency of photos/screens 1 2 3 4 5 6 7 8 9 10 LQuality/consistency of solids 1 2 3 4 5 6 7 8 9 10 Copier Alignment front to back 1 2 3 4 5 6 7 8 9 10 Side to Side—centered on page 1 2 3 4 5 6 7 8 9 10 From V sheet to 10'"sheet 1 2 3 4 5 6 7 8 9 10 Color copier—ease of calibration 1 2 3 4 5 6 7 8 9 10 1 Consistent accurate color 1 2 3 4 5 6 7 8 9 10 Satisfaction w copy quality off glass 1 2 3 4 5 6 7 8 9 10 Satisfaction w copy quality digitally 1 2 3 4 5 6 7 8 9 10 SERVICE/REPAIR DEPT, Reliability/uptime of machine 1 2 3 4 5 6 7 8 9 10 Service calls back to let you know when 1 2 3 4 5 6 7 8 9 10 Service ON SITE w/m contract 1 2 3 4 5 6 7 8 9 10 Service completed timely accurately 1 2 3 4 5 6 7 8 9 10 Service people knowledgeable 1 2 3 4 5 6 7 8 9 10 Parts are with them or quick to get 1 2 3 4 5 6 7 8 9 10 Ease of placing service calls 1 2 3 4 5 6 7 8 9 10 Overall satisfaction with service 1 2 3 4 5 6 7 8 9 10 BILLING AND CUSTOMER SERVICE Billing easy to understand, accurate 1 2 3 4 5 6 7 8 9 10 General customer service response 1 2 3 4 5 6 7 8 9 10 OVERALL Satisfaction w Company 1 2 3 4 5 6 7 8 9 10 OVERALL Satisfaction w Copier 1 2 3 4 5 6 7 8 9 10 ' Comments- City Of Kent t Print Shop Digital Copier , Request For Information 1 t KEN T WTEHIMOTON I 1 City of Kent, Washington Digital Copier Request for Information 1. INTRODUCTION....... ... . .................. . ............................................... .....................................................................I I.I. BACKGROUND ..... ............................... ...........I........... ....... ....................................................I 12. SCOPE OF DIGITAL COPIER NEEDS............ I .. ...................... .. ... ............. . ......................................................... .1 13 VENDOR SUBMISSIONS ........ ... . ....................... . .. ... .............. . .... ........... ...... ......................... .2 14 CITY CONTACT . . . ... . . ............. . . .............................. .. .........I.. ... .................. ............... ..... 2 15 REVIEW PROCESS ................. .. ....... ................. ... .........I........ ......... . .. ....................... .. ... 2 16 SUBMISSION DEADLINE ....................... ... .................. .. ............ 2 ATTACHMENT A-MyNimum REQUIREMENTS ............ .. . .. ...... .. . . ............. .. .............................. 3/4 Index r r 1. Introduction The City of Kent, hereinafter referred to as the "City", is seeking information regarding digital copier solutions for a print shop environment The contracts for the City's print shop copiers are about to expire. Therefore the City is researching solutions and will use this information as input into a procurement process to replace the existing equipment. The City intends to review and implement new copier contracts by the end of 2004 The following subsections provide information regarding the City's background and needs in the print shop area as well as the type and scope of information the City would like to receive from interested vendors. 1.1. Background , The City has an in-plant print shop currently consisting of a 2-color Ryobi 12x18 press, a Xerox 5900 black and white copier, a Xerox 480 digital black and white copier/printer, and a Xerox Doc-12 color copier/printer. r Copy volumes average 2 6 million black and white and 50,000 color copies per year. Copy jobs are usually small run, with a large variety of paper sizes,weights, and finishing from a variety of users. Copy volumes from week to week are variable and unpredictable. About 75% of the time,the print shop utilizes both black and white copiers at the same time due to simultaneous job deadlines. The print shop is typically operated with the equivalent of 1.25 full time employees on a Monday-Friday 8 am to 5 pm shift. 1.2. Scope of Digital Copier Needs The City intends to utilize digital copiers to expand its capabilities and meet the City's print shop copier needs for the next four years. The City seeks to improve print shop services in the following ways: r • Provide print-on-demand. • Variable data services. • Expand high-speed digital printing from the desktop. • Expanded finishing capability. • Increased speed and improved delivery times. In order to realize these improvements in print shop operations,the City is looking for vendor equipment and support to maximize the digital copier capabilities at a reasonable cost while maintaining the current print shop operating schedule. The City envisions the following copier configurations. • COPIER#1 - Primary B&W Copier/Printer—Will be primary production copier for the City of Kent in- r house print shop/copy center. Impressions from 70,000-200,000 per month. A variety of paper stocks,print on demand, programmable, digitally connected with multiple clients, 1 or 2 primary operators. • COPIER#2 -Back up B&W Copier/Prmter—Will be the secondary copier in the print shop Due to the ' frequent event of double work loads and/or the possibility copier outages,this copier must be able to do the large majority of the work of the primary copier in a high production mode. r r I r City of Ken4 Washington Digital Copier Request for Information ' • COPIER#3 -Color Copier/Printer— 1,000-5,000 color copiers per month average. The information provided in Attachment A,Minimum Copier Specifications,illustrates the minimum specifications for each of the three copiers described above. The City is open to other options that provide the envisioned redundancy, capabilities, and cost control However,the vendor must demonstrate to the City's ' satisfaction, how the proposed solution meets the City's stated needs. 1.3. Vendor Submissions ' Interested vendors with equipment meeting the minimum requirements are requested to submit a written summary that includes• • Proposed copiers/printers specification sheets. • Vendor contact information. • Brief company background including primary markets served I1.4. City Contact Vendors will direct all questions to the following City contact: Dea Drake, Multimedia Manager, 220 4a'Avenue South, 1 Kent, WA 98032-5895. Phone 253-856-4646. Fax 253-856-4700. ddrakeAci kent wa.us. The City is not responsible for any information obtained or used by the vendor from any other source. 1.5. Review Process All vendor submissions will be reviewed by the Multimedia Manager. Suitable vendors with copiers which appear to meet minimum requirements will be contacted for possible copier demonstrations and package pricing proposals The City will be interested in reviewing rent, lease, or purchase options for equipment deemed"of interest". The City has an interest in utilizing the State or KCDA purchasing contracts for implementation. ' Interested vendors may be required to give up to three current references for each piece of proposed equipment. In addition to showroom testing. Site visits to see equipment operating in a client's environment are desirable. I1.6. Submission Deadline Submissions should be sent to the above City contact no later than 5:00 PM PST, Wednesday, October 13, 1 2004 Submissions received after that time may be declined for review at the City's sole discretion. Review of submissions and preliminary contact for demonstrations will begin as proposals are submitted. Vendors are encouraged to subitut information as soon as possible prior to the deadline. The City will accept mailed, e- mailed, or hand delivered submissions 2 City of Kent, Washington Digital Copier Request for Information ' Attachment A , Minimum Copier Specifications Requirements Copier #1 Copier #2 Copier #3 Copier type Black&White copier/printer Black&White Black&White with automatic document copier/printer copier/printer ' feeder with automatic document with automatic document feeder feeder Mo copy volume range 70,000-400,000 50,000-200,000 20,000-50,000 ' Minimum copy speed 100 cpm 70 cpm Not specified Resolution 600x1200 dpi 600x1200 dpi 600 dpi Even,high density solids Even,high density solids Even,high density solids , Even, consistent fine Even, consistent fine Even,consistent fine screens/halftones screens/halftones screens/halftones Paper ' delivery 3 +paper trays plus bypass 3+paper trays plus bypass 3 +paper trays plus bypass One large capacity tray One large capacity tray One large capacity tray , weights 13 lb bond to 110 lb index 13 lb bond to 110 lb mdex 13 lb bond to 110 lb 49-216 sin 49-216 sin index 49-216 sin sizes 5 '/2 x8 %2 to 11x17 inches 5 %2 x8 '/2 to 11xl7 inches 5 %2 x8 '/z to 12xl8 inches 9 x 11 tabbed stock 9 x 11 tabbed stock* 9 x 11 tabbed stock* , 3-up door-hanger stock 3-up door-hanger stock* #9 3-up door-hanger stock #9&#10 Envelopes* &#10 Envelopes* #9&#10 Envelopes* All/variable nonstandard* All/variable nonstandard* All/variable nonstandard* , types All standard plus, All standard plus, All standard plus, envelopes*,transparencies, envelopes*, transparencies, envelopes*,transparencies, carbonless,vellum/smooth, carbonless,vellum/smooth, carbonless,vellum/smooth, , cover,index cover, index, cover, index,coated Programmmg/data specs Advanced job queue Advanced job queue Advanced job queue control and release control and release control and release Ability to release,change, Ability to release,change, Ability to release,change, control and manipulate control and manipulate control and manipulate printing menus from the printing menus from the printing menus from the copier/printer copier/printer copier/printer Scan to print&scan to file Scan to print Scan to print&scan to file Ability to store and print on Ability to store and print on Ability to store and print demand, and archive files demand, and archive files on demand,and archive files Ability to process variable data Ability to store both file and ' imbedded file commands (such as number of copies, insertion points, etc) , Ability to modify original from the copier/printer Add pages,delete pages, edit 3 City of Kent, Washington Digital Copier Requestfor Information Requirements Copier #1 Copier #2 Copier #3 document at page level,ie. Insert logos, edit text, etc. Insertion capability 3-4 insertion sources with a 3-4 insertion sources with a Not specified variety of stock including variety of stock including covers, tabbed dividers covers, tabbed dividers Service 4-hour on-site repair service 4-hour on-site repair 4-hour on-site ' Reliability and response service. repair/service. guarantees required Reliability and response Reliability and response Conference with Service guarantees required guarantees required Manager required Conference with Service Conference with Service Manager required Manager required Finishing Multiple staple positions Multiple staple positions Multiple staple positions Booklet fold and staple for Booklet fold and staple for Booklet fold and staple for 5 '/z x8 '/s &8 %z x 11, 5 '/z x8 '/2 &8 '/z x l l*, 5 '/s x 8 '/z & 8 %z x 11*, Engineering z fold* Engineering z fold* Engineering z fold* 3-hole dnll* 3-hole dnll* 3-hole dnll* Network compatibility Fully networkable Fully networkable Fully networkable ' *=preferred,may not be required 1 4 r Kent City Council Meeting Date April 19, 2005 04' ,, p Category Consent Calendar 1. SUBJECT: ENVIRONMENTAL ENGINEER 11 POSITION —APPROVE ' 2. SUMMARY STATEMENT: Approve the creation and filling of an Environmental Engineering 11 position. 3. EXHIBITS: Public Works Director's memorandum and justification for position memo 4. RECOMMENDED BY: Operations Committee (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? X Revenue? X Currently in the Budget? Yes X No If no: ' Unbudgeted Expense: Fund Amount $ Unbudgeted Revenue: Fund Amount $ 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No 6D ' PUBLIC WORKS DEPARTMENT Larry R Blanchard, Acting Public Works Director Phone 253-856-5500 K E N T Fax 253-856-6500 W A 5 H I N G T O N Address* 220 Fourth Avenue S. Kent,WA 98032-5895 DATE: March 16,2005 TO: Public Works Committee FROM: William S. Wohnski,Environmental Engineering Manager THROUGH: Larry Blanchard, Acting Public Works Director SUBJECT: Environmental Engineer II Position ' MOTION: Recommend the full City Council authorize the creation and filling of an ' Environmental Engineering II position. SUMMARY: ' The Public Works Department is requesting authorization from the full council to create and fill an Environmental Engineering II position for a variety of work currently being performed by staff and consultants. ' BUDGET IMPACT: No Unbudgeted Fiscal/Personnel Impact. BACKGROUND Please see attached memo to Larry Blanchard from Kelly Peterson,Robyn Bartelt and Mike Mactutis Mayor White and Kent City Council 1 Environmental Engineenng II Position r PUBLIC WORKS DEPARTMENT ' Larry Blanchard, Public Works Director Phone: 253-856-5500 Fax 253-856-6500 Address: 220 Fourth Avenue S. KEN T Kent,WA 98032-5895 WASHINGTON Date: March 14,2005 To: Larry Blanchard ' From: Kelly Peterson,Robyn Bartelt and Mike Mactutis Through: Bill Wolinsks ' Regarding: Justification for an Environmental Engineer II position 1) An Environmental Engineer II was requested in the 2005 Budget for a variety of work currently being performed by staff and consultants, but was somehow associated entirely with the Critical Areas Ordinance(CAO). 2) Tasks to be completed by the requested position include,but are not limited to: 1) answering questions at the counter, 2) review and approve development proposals, 3) review and approved wetland delineation/mitigation reports, 4) inspect wetland mitigation projects, 5) delineate wetlands for City CIP projects; 6) draft mitigation plans ' for City CIP projects; 7) assist with permitting of CIP projects on environmental projects; and assist with environmental code violations 3) Consultant costs for wetland peer review has been increasing over the past four years ' 2001 —about$41,000 for 33 files 2002—about $40,000 for 39 files 2003 —about$51,000 for 25 files 2004—about$54,000 for 41 files 4) Currently the functions of the proposed Environmental Engineer are being performed by consultants and existing staff at the following costs: - Consultants Wetland Peer Review in 2004 - $ 54,000 -Existing Staff(Two employees at approximately % their time)roughly $ 80,000 ' Total Cost in 2004 $134,000 The City also spends approximately$100,000 to $150,000 per year on environmental ' consulting that this position could help support. In addition, funding the position would provide for an additional $80,000 of staff productivity on existing projects and programs (see item 7 below). ' 5) Additional savings could result from the new Environmental Engineer II being able to complete wetland delineations, conceptual wetland instigation plans and final wetland mitigation plans for CIP projects at rates less than what the City pays for outside consultants. This person could also help with the environmental permitting with other agencies for CIP projects rather than using consultants. ' 6) Two employees currently spend half their time on work proposed to be done by the Engineer II,which would free up time to work on existing approved projects and programs. This includes the following: Wellhead Protection 600 hours/yr Clark Springs Habitat Conservation Plan 100 hours/yr ' Johnson Creek Watershed 100 hours/yr Water Conservation Programs 340 hours/yr Solid Waste/Recycling Program 340 hours/yr ' Stormwater/NPDES Program 40 hours/yr Education 120 hours/yr Code Enforcement 260 hours/vr Total 1900 hours/yr Note: Some involvement from existing staff will still be included for supervisory issues, back-up and specific projects. 7) Adding this position would provide increased customer service to the developers by providing a quicker response to applicant submittals, improve the wetland program, ' provide needed attention to existing projects and programs and provide in-house expertise and assistance for environmental CIP and mitigation projects. ' 8) Total Savings: Wetland Peer Review Costs(assuming 2004 figures) $54,000 Environmental Consultant Costs Reduction $75,000 Total Savings $129,000 Kent City Council Meeting Date April 19, 2005 Category Consent Calendar 1. SUBJECT: 2005 BOND REFUNDING ORDINANCE—ADOPT 2. SUMMARY STATEMENT: Adopt the 2005 Bond Refunding Ordinance No. . The refunding and restructuring of the various debt issues can reduce the costs of our outstanding debt. The new bond issue is approximately $7,325,000. Net Present Value savings of about $292,000 is expected over the life of the bonds. 3. EXHIBITS: Memo from Finance Director and Bond Ordinance 4. RECOMMENDED BY: Operations Committee (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Actual Fiscal Impact is yet to be determined pending closing of the bond issues; however, it will be a savings over the life of the bonds impacting various funds. Therefore, there are no net unbudgeted impacts 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds ' DISCUSSION: ' ACTION: Council Agenda ' Item No. 6E FINANCE R. J Nachlinger, Director Phone 253-856-5260 ' KENT Fax 253-856-6255 w,s ��r o H Address 220 Fourth Avenue S Kent,WA 98032-5895 DATE: March 30, 2005 TO: Kent City Council Operations Committee FROM: R J Nachlmger, Finance Director SUBJECT: 2005 Bond Refunding MOTION: I move to recommend adoption of the proposed refunding bond ordinance ' SUMMARY: The refunding and restructuring of the various debt issues can reduce the costs of our outstanding debt. The new bond issue is approximately$7,325,000. BUDGET IMPACT: Net Present Value savings of about$292,000 expected over the life of the bonds. BACKGROUND: We have several issues of outstanding debt that may be refunded at lower rates, saving the City an estimated $292,000 over the life of the bonds. These include approximately$2,050,000 of the 2000 LTGO bond, $2,520,000 of the 1993 Sewer Revenue bonds, $1,485,000 of the 1995 LTGO &Refunding bonds and $1,102,000 of the 1996 Public Works Trust Fund Loan Kent Council Operations Committee 2005 Bond Refunding ORDINANCE NO. AN ORDINANCE of the City of Kent, Washington, relating to contracting indebtedness; providing for the issuance of a $7,369,000 par value Limited Tax General Obligation Refunding Bond, 2005, to provide the funds required to refund in (a) a current refunding of the City's outstanding 1996 State of Washington, Department of Ecology Loan, (b) an advance refunding of a portion of the City's outstanding Sewerage System Improvement and Refunding Revenue Bonds, 1993, (c) a current refunding of certain maturities of the City's Limited Tax General Obligation and Refunding Bonds, 1995, (d) an advance refunding of a portion of the City's outstanding Limited Tax General Obligation Various Purpose and Refunding Bonds, 2000, and (e) and paying the administrative costs of such refunding and the costs of issuance and sale of such bond; providing for and authorizing the purchase of certain obligations out of the proceeds of the sale of the bond herein authorized and for the use and application of the money derived from those investments; authorizing the execution of an agreement with U.S. Bank National Association of Seattle, Washington, as refunding trustee, providing for the call, payment and redemption of the outstanding bonds and the loan to be refunded; fixing the date, form, maturity, interest rate, terms and covenants of the bond; establishing a bond fund; and approving the sale and providing for the delivery of the bond to Bank of America, N.A., of Seattle, Washington. PASSED: April 19, 2005 This document prepared by FOSTER PEPPER &SHEFELMANPLLC III1 Third Avenue, Suite 3400 Seattle, WA 98101 (206) 447-4400 5050575706 LTGO Refunding Bond, 2005 r TABLE OF CONTENTS ' TAB SECTION 1. —Definitions........................ SECTION2.—Debt Capacity........................................................................................6 SECTION 3. —Authorization of Bond...........................................................................7 SECTION 4.—Description of Bond .............................................................................. SECTION 5.—Bond Registrar; Registration and Transfer of Bond..............................8 SECTION 6.—Payment of Bond...................................................................................9 SECTION 7.—Optional Prepayment of Bond...............................................................9 SECTION 8.—Failure To Pay Installments................................................................. 10 SECTION 9.—Pledge of Taxes...................................................................................10 SECTION 10. — Covenants..........................................................................................10 SECTION 11. —Form and Execution of Bond............................................................10 SECTION 12. —Bond Fund and Deposit and Use of Bond Proceeds..........................I I SECTION 13.—Refunding of the Refunded Bonds.....................................................12 SECTION 14. —Call for Redemption of the Refunded Bonds....................................15 SECTION 15. —City Findings with Respect to Refunding ......................................... 15 SECTION 16. —Preservation of Tax Exemption for Interest on the Bond..................16 SECTION 17. —Designation of the Bond as a"Qualified Tax-Exempt Obligation.".16 SECTION 18. —Refunding or Defeasance of the Bond...............................................17 SECTION 19. —Approval of Transaction....................................................................17 SECTION 20. — Severability........................................................................................18 SECTION 21.—Effective Date....................................................................................19 r 50-0575706 i LTGO Refunding Bond, 2005 ORDINANCE NO. AN ORDINANCE of the City of Kent, Washington, relating to contracting indebtedness; providing for the issuance of a $7,369,000 par value Limited Tax General Obligation Refunding Bond, 2005, to provide the funds required to refund in (a) a current refunding of the City's outstanding 1996 State of Washington, Department of Ecology Loan, (b) an advance refunding of a portion of the City's outstanding Sewerage System Improvement and Refunding Revenue Bonds, 1993, (c) a current refunding of certain maturities of the City's Limited Tax General Obligation and Refunding Bonds, 1995, (d) an advance refunding of a portion of the City's outstanding Limited Tax General Obligation Various Purpose and Refunding Bonds, 2000, and (e) and paying the administrative costs of such refunding and the costs of issuance and sale of such bond; providing for and authorizing the purchase of certain obligations out of the proceeds of the sale of the bond herein authorized and for the use and application of the money derived from those investments; authorizing the execution of an agreement with U.S. Bank National Association of Seattle, Washington, as refunding trustee; providing for the call, payment and redemption of the outstanding bonds and the loan to be refunded, fixing the date, form, maturity, interest rate, terms and covenants of the bond; establishing a bond fund; and approving the sale and providing for the delivery (� of the bond to Bank of America, N.A., of Seattle, �j Washington. RECITALS A. The City of Kent, Washington (the "City"), authorized the Mayor to entered into a State Revolving Fund Loan Agreement between the State of Washington Department of Ecology and the City of Kent, Loan Agreement No. L9600018 with an ffective date of July 1, 1995 (the "DOE Loan" or "Agreement"), in the original 5050575706 1 LTGO Refunding Bond,2005 principal amount of$2,119,619, as amended by Amendment No. 1 and reduced to the original principal amount of $1,572,645.91 for the purpose of improving the water quality of Garrison Creek by reducing streambed and bank erosion due to high water velocities in the stream, the payment of the DOE Loan to be a claim and charge on Gross Revenues of the Utility junior and inferior to the Senior Lien Obligations. B. Pursuant to the Agreement, the City reserved the right to prepay the Loan in whole or in part upon 30-days written notice and that $1,102,477 75 principal amount remains outstanding on the DOE Loan and bears interest at the rate of 4.80% (the "Refunded DOE Loan"). C. The City, pursuant to Ordinance No. 3128 of the City, heretofore issued $8,690,000 par value Sewerage System Improvement and Refunding Revenue Bonds, 1993 (the "1993 Bonds"), and by that ordinance reserved the right to redeem the 1993 Bonds prior to their maturity on any interest payment date on or after November 1, 2003, at par plus accrued interest to the date fixed for redemption. D. Pursuant to Ordinance No. 3128, there are presently $2,520,000 par value of 1993 Bonds maturing on November 1 of the years 2006 and 2013, and bearing interest rates 5.30% and 5.50%, respectively (the "1993 Refunded Bonds"). E. The City, pursuant to Ordinance No. 3209 of the City, heretofore issued $5,420,000 par value Limited Tax General Obligation and Refunding Bonds, 1995 (the "1995 Bonds"), and by that ordinance reserved the right to redeem the 1995 Bonds prior to their maturity on or after December 1, 2004, at the price of 101% of par plus accrued interest to the date fixed for redemption prior to November 30, 2005; and F. Pursuant to Ordinance No. 3209, there are presently $1,485,000 par value of 1995 Bonds maturing on December 1 of each of the years 2006 through 2008, inclusive, and bearing various interest rates from 6.00%to 6.20% (the "1995 Refunded Bonds"). 50505115706 2 LTGO Refunding Bond, 2005 G. The City pursuant to Ordinance No. 3524 of the City, heretofore issued $20,145,000 par value Limited Tax General Obligation Various Purpose and Refunding Bonds, 2000 (the "2000 Bonds"), and by that ordinance reserved the right to redeem the 2000 Bonds prior to their maturity on or after December 1, 2010, at 101% of par plus accrued interest to the date fixed for redemption, if redeemed December 1, 2010, through November 30, 2011. H. Pursuant to Ordinance No. 3524, there are presently outstanding $2,050,000 par value of 2000 Bonds allocable to the new money portion of the 2000 Bonds maturing on December 1, 2020, and bearing interest at the rate of 5.375% (the "2000 Refunded Bonds"). I. After due consideration, it appears to the City Council that the Refunded DOE Loan, 1993 Refunded Bonds, 1995 Refunded Bonds and 2000 Refunded Bonds (the "Refunded Bonds") may be refunded by the issuance and sale of a bond authorized herein so that a substantial savings will be effected by the difference between the principal and interest cost over the life of the bond authorized herein for such purpose and the principal and interest over the life of the Refunded Bonds but for such refunding, which refunding will be effected by the Refunding Plan (as defined below). J. The City Council has determined that it is necessary to authorize the issuance of a bond to provide funds to pay the cost of carrying out the various purposes recited above and to pay the administrative costs of such refunding and costs of (issuance of the authorized bond. K. Bank of America, N.A., Seattle, Washington, has proposed to purchase he bond under the terms and conditions set forth herein. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, ASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: 50505757 06 3 LTGO Refunding Bond, 2005 SECTIONl. — De initions. As used in this ordinance, the following words have the following meanings: "Acquired Obligations" means those United States Treasury Certificates of Indebtedness, Notes, and Bonds--State and Local Government Series and other direct, noncallable obligations of the United States of America purchased to accomplish the refunding of the Refunded Bonds as authorized by this ordinance. "Bank" means Bank of America,N.A., of Seattle, Washington. "Bond Fund" means the Limited Tax General Obligation Refunding Bond Fund, 2005, created and established by this ordinance. ' "Bond Registrar"means the Finance Director. "Bond" means the Limited Tax General Obligation Refunding Bond, 2005, of the City issued pursuant to and under the authority of this ordinance to carry out the Refunding Plan. "City" means the City of Kent, Washington. "DOE Loan" means that certain State Revolving Fund Loan Agreement between the State of Washington Department of Ecology and the City of Kent, Loan Agreement No. L9600018 effective date of July 1, 1995, in the original principal amount of$2,119,619, as amended by Amendment No. 1 and reduced to the original principal amount of$1,572,645.91 and bearing interest at the rate of 4.80%. "Finance Director" means the Finance Director of the City (or the successor officer to the Finance Director). 5050575706 4 LTGO Refunding Bond,2005 "Proposal Letter" means the Proposal Letter, together with its Summary of Terms and Conditions, of the Bank dated February 15, 2005, describing certain conditions under which the Bank proposes to purchase the Bond. "Refunded Bonds" means, collectively, 1993 Refunded Bonds, 1995 Refunded Bonds and 2000 Refunded Bonds, the refunding of which have been provided for by this ordinance. "Refunded DOE Loan" means the DOE Loan currently with the State of Washington Department of Ecology with a current outstanding principal amount of $1,102,477.75. "1993 Refunded Bonds" means the outstanding $2,520,000 par value of Sewerage System Improvement and Refunding Revenue Bonds, 1993, of the City maturing in the years 2006 and 2013, issued pursuant to Ordinance No. 3128. "1995 Refunded Bonds" means the outstanding $1,485,000 par value Limited Tax General Obligation and Refunding Bonds, 1995, of the City maturing in the years 2006 through 2008, issued pursuant to Ordinance No. 3209. �j "2000 Refunded Bonds" means the outstanding $2,050,000 par value Limited Tax General Obligation Various Purpose and Refunding Bonds, 2000, of the City allocable to the new money portion of the 2000 Bonds maturing on December 1, 2020, issued pursuant to Ordinance No. 3524. "Registered Owner" means the Bank, as registered owner of the Bond, or any subsequent owner of the Bond. "Refunded Bond Ordinances" means Ordinances Nos. 3128, 3209 and 3524 of he City. 50505757 06 5 LTGO Refunding Bond,2005 "Refunding Plan"means: (a) The Finance Director's transfer to the Refunding Trustee of the amounts on deposit in the Reserve Account and Principal and Interest Account of the City's Sewerage System Revenue Bond Fund, 1986, allocable to the 1993 Refunded Bonds; (b) Upon delivery of the Bond, the immediate payment by the Bank on behalf of the City, from proceeds of the Bond, of the entire outstanding principal of and accrued interest on the DOE Loan; (c) The call, payment and redemption on November 1, 2005, of all of the 1993 Refunded Bonds at a price of par plus accrued interest to November 1, 2005; (d) The call, payment and redemption on June 2, 2005, of all of the 1995 Refunded Bonds at a price of 101% of par plus accrued interest to June 2, 2005; and (e) The payment of the interest on the 2000 Refunded Bonds when due up to and including December 1, 2010, and the call, payment and redemption on December 1, 2010, of all of the 2000 Refunded Bonds at a price of 101% of par; and "Refunding Trust Agreement" means a Refunding Trust Agreement between the City and the Refunding Trustee substantially in the form of that which is on file with the Finance Director and by tlus reference incorporated herein. 3 "Refunding Trustee" means U.S. Bank National Association of Seattle, Washington, serving as trustee or escrow agent or any successor trustee or escrow agent. SECTION — Debt Capacity. The assessed valuation of the taxable property within the City as ascertained by the last preceding assessment for City purposes for e calendar year 2005 is $8,798,031,223, and the City, as of February 28, 2005, has outstanding general indebtedness evidenced by limited tax general obligation bonds, notes, leases and conditional sales contracts in the principal amount of $77,368,365 , ncurred within the limit of up to 1-1/2% of the value of the taxable property within the �ity permitted for general municipal purposes without a vote of the qualified voters 5050575706 6 LTGO Refunding Bond, 2005 therein, and unlimited tax general obligation bonds or notes in the principal amount of $4,950,000 incurred within the limit of up to 2-1/2% of the value of the taxable property within the City for capital purposes only, issued pursuant to a vote of the qualified voters of the City, and the amount of indebtedness for which bonds are authorized herein to be issued is $7,369,000. SECTION 3. — Authorization of Bond The City shall borrow money on the credit of the City and issue its limited tax general obligation bond evidencing that indebtedness in the principal amount of$7,369,000 for general City purposes to carry out the Refunding Plan and to pay costs of issuance and sale of the Bond (the "costs of issuance"). The general indebtedness to be incurred shall be within the limit of up to 1-1/2% of the value of the taxable property within the City permitted for general municipal purposes without a vote of the qualified voters therein. SECTION 4. — Description of Bond. The Bond shall be in the aggregate principal amount of $7,369,000; shall be dated its date of delivery; shall mature December 1, 2020; shall be numbered R-1; shall be in fully registered form; and shall bear interest at the rate of 4.05% per annum (computed on the basis of a 360-day year of twelve 30-day months), payable semiannually on each June 1 and December 1, t commencing December 1, 2005, to the maturity or earlier prepayment of the Bond. Principal of the Bond shall be payable in annual installments on December I of each lyear in accordance with the following schedule: 5050575706 7 LTGO Refunding Bond,2005 Installment Principal Year Amount 2005 $155,000 2006 875,000 2007 912,000 2008 948,000 2009 441,000 2010 458,000 2011 479,000 2012 495,000 2013 721,000 2014 224,000 2015 232,000 2016 244,000 2017 266,000 2018 283,000 2019 305,000 2020 331,000 The City Council finds that fixing the above interest rate is in the best interest of the City. Portions of the above installment payment amounts are allocated to carrying out the Refunding Plan,including a ratable share of proceeds used to pay the costs of issuance of the Bond, in accordance with the schedule attached hereto as Exhibit A and incorporated herein by reference. SECTIONS — Bond Reistrar• Registration and Transfer of Bond. The Finance Director shall serve as Bond Registrar for the Bond. The Bond Registrar shall keep, or cause to be kept, at its office in Kent, Washington, sufficient books for the registration and transfer of the Bond (the "Bond Register"), which shall contain the name and mailing address of the Registered Owner of the Bond. The Bond Registrar is authorized, on behalf of the City, to authenticate and deliver the Bond in accordance with the provisions of the Bond and this ordinance, to serve as the City's paying agent or the Bond and to carry out all of the Bond Registrar's powers and duties under this ordinance. The Bond Registrar shall be responsible for its representations contained in he Bond Registrar's Certificate of Authentication on the Bond. 5050575706 8 LTGO Refunding Bond,2005 The Bond shall be issued only in registered form as to both principal and interest and shall be recorded on the Bond Register. The Bond may not be assigned or transferred by the Bank, except that the Bank may assign or transfer the Bond to any successor to the business and assets of the Bank. SECTION 6. — Payment of Bond. Installments of principal of and interest on the Bond shall be payable in lawful money of the United States of America and shall be paid by check, draft or warrant of the Bond Registrar mailed five days prior to the installment payment date to the Registered Owner at the address appearing on the Bond Register on the 1 Sth day of the month preceding the installment payment date or by wire transfer or electronic debit to the Registered Owner on the installment payment date. The Registered Owner shall present and surrender the Bond at the office of the Bond Registrar in Kent, Washington, for cancellation promptly after the final installment of principal and interest on the Bond is paid by the City, whether at maturity or upon earlier prepayment and redemption. The Bond, when presented and surrendered under this section, shall be destroyed or cancelled in accordance with law. The City and the Bond Registrar may deem and treat the Registered Owner as the absolute owner of the Bond for the purpose of receiving payment of principal and interest and for all other purposes, and neither the City nor the Bond Registrar shall be affected by any notice to the contrary other than proper notice of assignment or transfer. SECTION 7. — Optional Prepayment of Bond The City reserves the right and option to prepay all or any portion of the principal installments of the Bond at any time prior to its stated principal installment payment date at par plus accrued interest to the date of prepayment, subject to the payment of a potential prepayment fee as described in the applicable Proposal Letter and set forth in Exhibit B attached hereto and incorporated herein by reference. Prior written notice by the City to the Bank shall not e required. Interest on the principal amount of the Bond called for prepayment shall ease to accrue on the dated fixed for prepayment unless the principal amount called or prepayment is not paid on the prepayment date. The amounts of the semiannual 5050575706 9 LTGO Refunding Bond, 2005 t payments on the Bond shall not be adjusted to reflect reamortization upon any such prepayment. SECTION& —Failure To Pay Installments. If any installment of principal of and interest on the Bond is not paid when due, or the City shall fail to comply with any other covenant of this ordinance, the interest rate on the Bond shall, at the option of the Bank, be increased by two (2) percentage points, until such default has been cured or until all principal and accrued interest of the Bond have been repaid in full. SECTION 9. — Pledge of Taxes. For as long as any principal of the Bond is outstanding, the City irrevocably pledges to include in its budget and levy taxes annually within the constitutional and statutory tax limitations provided by law without a vote of the electors of the City on all of the taxable property within the City in an I amount sufficient, together with other money legally available and to be used therefor, to pay when due the principal of and interest on the Bond, and the full faith, credit and resources of the City are pledged irrevocably for the annual levy and collection of those taxes and the prompt payment of that principal and interest. SECTIONIO — Covenants The City covenants with the Bank for as long as the Bond remains outstanding that it will provide to the Bank the following: (a) its annual state audit report within 10 days of its receipt from the State auditor. (b) its internally prepared unaudited financial statement within 270 days of its fiscal year end. (c) within 45 days of adoption, the City's preliminary annual budget and final budget adoption ordinance. (d) such other information as the Bank may reasonably request from time to time. SECTION II. —Form and Execution of Bond. The Bond shall be prepared in a form consistent with the provisions of this ordinance and state law and shall be signed ' by the Mayor and City Clerk, either or both of whose signatures may be manual or in 50505757 06 10 LTGO Refunding Bond,2005 facsimile, and the seal of the City or a facsimile reproduction thereof shall be impressed or printed thereon. To be valid or obligatory for any purpose or entitled to the benefits of this ordinance, the Bond shall bear a Certificate of Authentication in the following form, manually signed by the Bond Registrar: CERTIFICATE OF AUTHENTICATION This Bond is the fully registered City of Kent, Washington, Limited Tax General Obligation Refunding Bond, 2005, described in the Bond Ordinance. By Bond Registrar The authorized signing of a Certificate of Authentication shall be conclusive evidence that the Bond so authenticated has been duly executed, authenticated and delivered and is entitled to the benefits of this ordinance. If any officer whose facsimile signature appears on the Bond ceases to be an officer of the City authorized to sign bonds before the Bond bearing his or her facsimile signature is authenticated or delivered by the Bond Registrar or issued by the City, the Bond nevertheless may be authenticated, issued and delivered and, when authenticated, issued and delivered, shall be as binding on the City as though that person had continued to be an officer of the City authorized to sign bonds. The Bond also may be signed on behalf of the City by any person who, on the actual date of signing of the Bond, is an officer of the City authorized to sign bonds, although he or she did not hold the required office on the date of issuance of the Bond. SECTION 12 - Bond Fund and Deposit and Use of Bond Proceeds. The Bond Fund is created and established in the office of the Finance Director as a special fund designated the Limited Tax General Obligation Refunding Bond Fund, 2005, for e purpose of paying principal of and interest and any prepayment fee on the Bond. All taxes collected for and allocated to the payment of the principal of and interest on i the Bond shall be deposited in the Bond Fund. i 50"75706 11 LTGO Refunding Bond,2005 A sufficient amount of the proceeds of the Bond shall be electronically transferred on the delivery date of the Bond by the Bank on behalf of the City to the State of Washington, Department of Ecology, to repay and retire the DOE Loan. The remaining proceeds of the Bond shall be deposited with the Refunding Trustee as set forth in Section 13 below to carry out remaining portion of the Refunding Plan. SECTION 13.—Refundin2 of the Refunded Bonds. (a) Appointment of Refunding Trustee. U.S. Bank National Association of Seattle, Washington, is appointed Refunding Trustee. (b) Use of Bond Proceeds, Acquisition of Acquired Obligations. A ' sufficient amount of the proceeds of the sale of the Bond, together with funds transferred from the Sewerage System Revenue Bond Fund, 1986, of the City, shall be deposited immediately upon the receipt thereof with the Refunding Trustee and used to discharge the obligations of the City relating to the Refunded Bonds under the Refunded Bond Ordinances by providing for the payment of the amounts required to be paid by the Refunding Plan. To the extent practicable, such obligations shall be discharged fully by the Refunding Trustee's simultaneous purchase of the Acquired Obligations bearing such interest and maturing as to principal and interest in such amounts and at such times so as to provide, together with a beginning cash balance, if necessary, for the payment of the amount required to be paid by the Refunding Plan. The Acquired Obligations are listed and more particularly described in Exhibit A attached to the Refunding Trust Agreement between the City and the Refunding Trustee, but are subject to substitution as set forth below. Any Bond proceeds or other money deposited with the Refunding Trustee not needed to purchase the Acquired Obligations and provide a beginning cash balance, if any, and pay the costs of issuance of the Bond shall be returned to the City at the time of delivery of the Bond to the Bank and deposited in the Bond Fund to pay interest on the Bond on the first interest i payment date. (c) Substitution of Acquired Obligations. Prior to the purchase of any Acquired Obligations by the Refunding Trustee, the City reserves the right to substitute 5050575706 12 LTGO Refunding Bond,2005 I jother direct, noncallable obligations of the United States of America ("Substitute Obligations") for any of the Acquired Obligations and to use any savings created thereby for any lawful City purpose if, (a) in the opinion of Foster Pepper& Shefelman PLLC, the City's bond counsel, the interest on the Bond and the Refunded Bonds will remain excluded from gross income for federal income tax purposes under ' Sections 103, 148, and 149(d) of the Code, and (b) such substitution shall not impair the timely payment of the amounts required to be paid by the Refunding Plan, as verified by a nationally recognized independent certified public accounting firm. After the purchase of the Acquired Obligations by the Refunding Trustee, the City reserves the right to substitute therefor cash or Substitute Obligations subject to the conditions that such money or securities held by the Refunding Trustee shall be sufficient to carry out the Refunding Plan, that such substitution will not cause the Bond or the Refunded Bonds to be arbitrage bonds within the meaning of Section 148 of the Code and regulations thereunder in effect on the date of such substitution and applicable to obligations issued on the issue dates of the Bond and the Refunded Bonds, as applicable, and that the City obtain, at its expense: (1) a verification by a nationally recognized independent certified public accounting firm acceptable to the Refunding Trustee confirming that the payments of principal of and interest on the substitute securities, if paid when due, and any other money held by the Refunding Trustee will be sufficient to carry out the Refunding Plan; and (2) an opinion from Foster Pepper & Shefelman PLLC, bond counsel to the City, its successor, or other nationally recognized bond counsel to the City, to the effect that the disposition and substitution or purchase of such securities, under the statutes, rules, and regulations then in force and applicable to the Bond, will not cause the interest on the Bond or the Refunded Bonds to be included in gross income for federal income tax purposes and that such disposition and substitution or purchase is in compliance with the statutes and regulations applicable to the Bond. Any surplus money resulting from the sale, transfer, other disposition, or redemption of the Acquired Obligations and the substitutions therefor shall be released from the trust estate and transferred to the City o be used for any lawful City purpose. 5050575706 13 LTGO Refunding Bond,2005 (d) Administration of Refunding Plan. The Refunding Trustee is authorized and directed to purchase the Acquired Obligations (or substitute obligations) and to make the payments required to be made by the Refunding Plan from the Acquired Obligations (or substitute obligations) and money deposited with the Refunding Trustee pursuant to this ordinance. All Acquired Obligations (or substitute obligations) and the money deposited with the Refunding Trustee and any income therefrom shall be held irrevocably, invested and applied in accordance with the provisions of the Refunded Bond Ordinances, this ordinance, chapter 39.53 RCW and other applicable statutes of the State of Washington and the Refunding Trust Agreement. All necessary and proper fees, compensation, and expenses of the Refunding Trustee for the Bond and all other costs incidental to the setting up of the escrow to accomplish the refunding of the Refunded Bonds and costs related to the issuance and delivery of the Bond, including bond printing, verification fees, bond counsel's fees, and other related expenses, shall be paid out of the proceeds of the Bond. (e) Authorization for Refunding Trust Agreement. To carry out the ,Refunding Plan provided for by this ordinance, the Mayor or Finance Director of the City is authorized and directed to execute and deliver to the Refunding Trustee a Refunding Trust Agreement substantially in the form on file with the City Clerk and by this reference made a part hereof setting forth the duties, obligations and responsibilities of the Refunding Trustee in connection with the payment, redemption, and retirement of the Refunded Bonds as provided herein and stating that the provisions for payment of the fees, compensation, and expenses of such Refunding Trustee set forth therein are satisfactory to it. Prior to executing the Refunding Trust Agreement, the Mayor or Finance Director of the City is authorized to make such changes therein that do not change the substance and purpose thereof or that assure that the escrow provided therein and the Bond are in compliance with the requirements of federal law governing the exclusion of interest on the Bond from gross income for federal income tax purposes. 5050575706 14 LTGO Refunding Bond, 2005 r SECTION14 — Call for Redemption of the Refunded Bonds. The City calls for redemption on the following dates, the following Refunded Bonds at the following percentage of par plus accrued interest: Refunded Redemption Redemption Bonds Date Price 1993 Refunded Bonds November 1, 2005 100% 1995 Refunded Bonds June 2, 2005 101% 2000 Refunded Bonds December 1, 2010 101% Such calls for redemption shall be irrevocable after the delivery of the Bond to the !Bank. The dates on which the Refunded Bonds are herein called for redemption are the first practicable date on which each of those bonds may be called. The proper City officials are authorized and directed to give or cause to be given such notices as required, at the times and in the manner required, pursuant to the respective Refunded Bond Ordinances in order to effect the respective redemption prior to their maturity of each of the respective Refunded Bonds. SECTION 15. — City Findings with Respect to Refunding The City Council of the City finds and determines that the issuance and sale of the Bond at this time will effect a savings to the City and is in the best interest of the City and its tax and ratepayers and in the public interest. In making such finding and determination, the City Council has given consideration to the installment payment amounts of the Bond jand the maturities of the Refunded Bonds, the costs of issuance of the Bond and the own earned income from the investment of the proceeds of the issuance and sale of e Bond and other money of the City used in the Refunding Plan pending payment d redemption of the Refunded Bonds. 5050575706 15 LTGO Refunding Bond,2005 i The City Council further finds and determines that the money to be deposited with the Refunding Trustee for the Refunded Bonds in accordance with Section 13 of this ordinance will discharge and satisfy the obligations of the City under the Refunded Bond Ordinances with respect to the Refunded Bonds, and the pledges, charges, trusts, covenants, and agreements of the City therein made or provided for as to the Refunded Bonds, and that the Refunded Bonds shall no longer be deemed to be outstanding i under such ordinances immediately upon the deposit of such money with the Refunding Trustee. SECTION 16. — Preservation of Tax Exemption for Interest on the Bond The City covenants that it will take all actions necessary to prevent interest on the Bond from being included in gross income for federal income tax purposes, and it will neither take any action nor make or permit any use of proceeds of the Bond or other funds of the City treated as proceeds of the Bond at any time during the term of the Bond which will cause interest on the Bond to be included in gross income for federal income tax purposes. The City also covenants that it will, to the extent the arbitrage rebate requirement of Section 148 of the Internal Revenue Code of 1986, as amended (the "Code"), is applicable to the Bond, take all actions necessary to comply (or to be treated as having complied) with that requirement in connection with the Bond, including the calculation and payment of any penalties that the City has elected to pay as an alternative to calculating rebatable arbitrage, and the payment of any other penalties if required under Section 148 of the Code to prevent interest on the Bond from being included in gross income for federal income tax purposes. The City certifies that it has not been notified of any listing or proposed listing by the Internal Revenue Service to the effect that it is a bond issuer whose arbitrage certifications may of be relied upon. SECTIONI7. — Designation of the Bond as a "Oualifed Tax-Exempt Obligation. " The City has determined and certifies that (a) the Bond is not a "private ctivity bond" within the meaning of Section 141 of the Code; (b)the reasonably anticipated amount of tax-exempt obligations (other than private activity bonds and r other obligations not required to be included in such calculation) which the City and y entity subordinate to the City (including any entity that the City controls, that 50505757 06 16 LTGO Refunding Bond, 2005 rderives its authority to issue tax-exempt obligations from the City, or that issues tax- exempt obligations on behalf of the City) will issue during the calendar year in which the Bond is issued will not exceed $10,000,000; and (c)the amount of tax-exempt obligations, including the Bond, designated by the City as "qualified tax-exempt obligations" for the purposes of Section 265(b)(3) of the Code during the calendar year in which the Bond is issued does not exceed $10,000,000. The City designates the Bond as a "qualified tax-exempt obligation" for the purposes of Section 265(b)(3) of the Code. SECTION 18 — Refunding or De easance of the Bond The City may issue refunding bonds pursuant to the laws of the State of Washington or use money available from any other lawful source to pay when due the principal of and interest on the Bond, or any portion thereof included in a refunding or defeasance plan, and to redeem and retire, refund or defease such then-outstanding Bond (hereinafter collectively called the "defeased Bond") and to pay the costs of the refunding or defeasance. If money and/or direct obligations of the United States of America maturing at a time or times and bearing interest in amounts (together with money, if necessary) sufficient to redeem and retire, refund or defease the defeased Bond in accordance with its terms are set aside in a special trust fund or escrow account irrevocably pledged to that redemption, retirement or defeasance of the defeased Bond (hereinafter called the "trust account"), then all right and interest of the owner of the defeased Bond in the covenants of this ordinance and in the funds and accounts tobligated to the payment of the defeased Bond shall cease and become void. The ,owner of the defeased Bond shall have the right to receive payment of the principal of d interest on the defeased Bond from the trust account. The defeased Bond shall be deemed no longer outstanding, and the City may apply any money in any other fund or account established for the payment or redemption of the defeased Bond to any lawful purposes as it shall determine. SECTION 19. —Approval of Transaction. The Bank has proposed to purchase e Bond under the terms and conditions provided in the Proposal Letter,which written roposal Letter is on file with the City and is incorporated herein by this reference. he City Council finds that accepting an offer by the Bank on substantially the same 5050575706 17 LTGO Refunding Bond, 2005 terms and conditions as set forth in the Proposal Letter is in the City's best interest and therefore the City authorizes the proper City officials to accept such an offer. This ordinance shall be deemed a covenant to comply with all terms and conditions set forth in the Proposal Letter. The City shall pay or reimburse the Bank for its legal expenses as provided in the Proposal Letter, not to exceed $500 for the Bond. Banc of America Securities LLC shall be paid a structuring fee equal to .50% of the par amount of the Bond. The Bond will be prepared at the City's expense and will be delivered to the Bank, together with the approving legal opinion of Foster Pepper & Shefelman PLLC, municipal bond counsel of Seattle, Washington, regarding the Bond. The proper City officials are authorized and directed to do everything necessary for the prompt sale and delivery of the Bond to the Bank and for the proper application and use of the proceeds of the sale thereof. SECTION20 — Severability. If any one or more sections, 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. 5050575706 18 LTGO Refunding Bond, 2005 SECTION2I. - Effective Date. This ordinance shall take effect and be in force five (5) days from and after its passage, approval and publication as provided by law. JIM WHITE, MAYOR ATTEST: BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM: I FOSTER PEPPER& SHEFELMAN PLLC Special Counsel and Bond Counsel PASSED: day of April, 2005. APPROVED: day of April, 2005. PUBLISHED: day of April, 2005. PCm nM"CML B 2035ucABC Jx i 1 i 5050575706 19 LTGO Refunding Bond,2005 CERTIFICATION I, the undersigned, City Clerk of the City of Kent, Washington (the "City"), hereby certify as follows: 1. The attached copy of Ordinance No. (the "Ordinance") is a full, true and correct copy of an ordinance duly passed at a regular meeting of the City Council of the City held at the regular meeting place thereof on April 19, 2005, as that ordinance appears on the minute book of the City; and the Ordinance will be in full force and effect five days after the publication of its summary in the City's official (newspaper; and 2. A quorum of the members of the City Council was present throughout the meeting and a majority of those members present voted in the proper manner for the passage of the Ordinance. IN WITNESS WHEREOF, I have hereunto set my hand this day of April, 2005. CITY OF KENT, WASHINGTON BRENDA JACOBER, City Clerk "SOSM06 LTGO Refunding Bond, 2005 EXHIBIT A Allocation of Refunding Bond Installment 1993 1995 2000 Payment Refunded Refunded Refunded DOE Years Bonds Bonds Bonds Loan Total 2005 $ 47,000 $ 52,000 $ 56,000 $155,000 2006 $265,000 482,000 12,000 116,000 875,000 2007 276,000 503,000 12,000 121,000 912,000 2008 287,000 523,000 13,000 125,000 948,000 2009 298,000 13,000 130,000 441,000 2010 308,000 14,000 136,000 458,000 I 2011 323,000 15,000 141,000 479,000 2012 333,000 15,000 147,000 495,000 2013 347,000 221,000 153,000 721,000 2014 224,000 224,000 2015 232,000 232,000 2016 244,000 244,000 2017 266,000 266,000 2018 283,000 283,000 2019 305,000 305,000 2020 331,000 331,000 5050575706 LTGO Refunding Bond, 2005 Exhibit B Calculation of Prepayment Fee Prepayment Fee—Breakfunding (Initial Cost of Funds Rate I Treasury Rate) The Prepayment Fee shall be the sum of fees calculated separately for each Prepaid Installment, as follows- (1) Determine the amount of interest which would have accrued each month for the Prepaid Installment, had it remained outstanding until the applicable Original Payment Date at the Initial Cost of Funds Rate applicable to the Prepaid Installment; (2) Subtract from each monthly interest amount determined in (1) above, the amount of interest that would accrue for that Prepaid Installment if it were reinvested from the date of prepayment through the Original Payment Date, at the Treasury Rate; (3) If(1) above, minus (2) above, for the Prepaid Installment is greater than zero, discount the monthly difference to the date of prepayment by the Treasury Rate. The sum of the discounted monthly differences is the prepayment fee for that Prepaid Installment, plus (4) An amount equal to all costs and expenses (subject to a cap of $200) Bank reasonably j expects to incur in liquidation and reinvestment of such prepaid funds. For purposes of this Section, the capitalized terms used herein and not otherwise defined have the following meanings: (1) "Initial Cost of Funds Rate" means the fixed interest rate of interest per annum representing Borrower's cost of purchasing funds, or the cost of purchasing and exchanging funds through swaps or other derivative products, for an amount and under terms reflecting the characteristics of the Prepaid Installment from the date the Bond shall begin to bear interest through the Maturity Date. (2) "Original Payment Dates" means the dates on which principal of the Bond would have been paid if there had been no prepayment If a portion of the principal would have been paid later than the end of the interest period in effect at the time of prepayment,then the Original Payment Date for that portion shall be the last day of the Interest Period, (3) "Prepaid Installment"means the portion of the prepaid principal of the Bond that would have been paid on a single Original Payment Date (4) Treasury Rate"means the interest rate yield for U.S. Government Treasury Securities that the Bank determines could be obtained by reinvesting a specified Prepaid Installment in such securities from the date of prepayment through the Original Payment Date. Bank may adjust the Treasury Rate and Initial Cost of Funds Rate to reflect the difference between the terms of such investments and the terms of the Bond, such as compounding,accrual basis, or other costs and terms. Each of the rates is Bank's estimate only, and Bank is under no obligation to actually reinvest any prepayment. The rates shall be based on information from either the Telerate or Reuters information services, The Wall Street Journal, or other information sources the Bank deems appropriate. 5050575706 LTGO Refunding Bond, 2005 f Kent City Council Meeting Date April 19, 2005 Category Consent Calendar 1. SUBJECT: DOWNTOWN STRATEGIC ACTION PLAN UPDATE— ORDINANCES (3) —ADOPT 2. SUMMARY STATEMENT: Adoption of Ordinance Nos. , and adopting the Downtown Strategic Action Plan (DSAP) update, amendments to chapter 15 of the Kent City Code to implement provisions in the DSAP, and amendments to land use and zoning designations to implement provisions in the DSAP. f 3. EXHIBITS: Ordinances (3) with attached exhibits 4. RECOMMENDED BY: Planning& Economic Development (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? N/A Revenue? N/A Currently in the Budget? Yes No If no• Unbudgeted Expense: Fund Amount $ Unbudgeted Revenue: Fund Amount S I6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds ` DISCUSSION: ACTION: Council Agenda Item No 6F 1 f ` ORDINANCE NO. AN ORDINANCE ofthe City Council ofthe City of Kent, Washington, updating the City of Kent Downtown Strategic Action Plan(CPA-2004-1). f RECITALS A. The Downtown Strategic Action Plan(DSAP)was initially adopted as a subarea plan in April 1998 to recognize the role of downtown Kent as a designated Urban Center The DSAP is a visioning document for the Urban Center and is intended to provide the framework for further project-level analysis and planning. After seven(7) years, it is appropriate to update the DSAP to reflect changes in existing conditions, planned capital projects, and citizen interests. B. As currently adopted, the DSAP contains outdated information such as policy recommendations that have been incorporated into the Kent City Code(KCC);and 1 capital improvement projects that have been completed, delayed, or removed from the six-year Capital Improvement Program and the six-year Transportation Improvement Program. The update of the DSAP also provides an opportunity for the incorporation by reference of relevant documents such as the Commuter Rail Station Area Study(2000), the Kent Station Planned Action Supplemental Environmental Impact Statement(2002), and the Economic Development Strategic Plan (2003). The DSAP also provides for needed area wide land use and zoning map designation amendments, development standards text amendments,wider application ofDowntown Design Review,and changes to parking space requirements. )< Comprehensive Plan Amendment- Downtown Strategic Action Plan update C. The SEPA Responsible official issued an Addendum and Adoption Notice on October 18, 2004 determining that the proposed DSAP update and implementing regulations are consistent with the range, types and magnitude of impacts and corresponding mitigation outlined in the April 1998 integrated SEPA-GMA document for the DSAP; a separate threshold determination is not required. ' D. To facilitate the process of updating the DSAP,City staff facilitated two public participation workshop sessions on May 17, 2004, and two sessions on June 14, 2004. These sessions were used to identify the challenges, opportunities, strengths and weaknesses of downtown Kent and to provide opportunity and strategies to address these issues in the update of the DSAP. Citizen input from these workshop sessions as well as responses from a general interest survey of City employees were summarized and provided to the Land Use and Planning Board at its July 12, 2004,workshop. The Land Use and Planning Board held four(4)public hearings on the proposed amendments to the DSAP on August 23, 2004; September 27, 2004; October 25, 2004; and November 8, 2004. The Planning and Economic Development Committee considered the update to the DSAP on December 6, 2004. E. On February 9, 2005, the City provided the required sixty (60) day notification under RCW 36.70A.106 to the state of Washington of the City's proposed , update to the DSAP. The sixty(60) day notice period has lapsed. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: I 2 Comprehensive Plan Amendment- Downtown Strategic Action Plan Update I ORDINANCE SECTION I. -Amendments. The City of Kent Downtown Strategic Action Plan adopted by Ordinance 3398 is updated as shown in Exhibit A,attached and incorporated here (CPA-2004-1). SECTION 2. - Severabih . If any one or more sections, sub-sections, or sentences of this Ordinance are held to be unconstitutional or invalid,such decision shall not affect the validity of the remaining portion of this Ordinance and the same shall remain in full force and effect. SECTION 3. -Effective Date. This Ordinance shall take effect and be in force thirty(30) days from and after the date of passage as provided by law. JIM WHITE, MAYOR ATTEST: BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM: TOM BRUBAKER, CITY ATTORNEY PASSED: day of April, 2005. APPROVED: day of April, 2005. PUBLISHED: day of April, 2005. 3 Comprehensive Plan Amendment- Downtown Strategic Action Plan Update 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\CiwRoxna4ANCMownrownStMeWAamPlanuvdete 2004 doe 4 Comprehensive Plan Amendment- Downtown Strategic Action Plan Update i t s 1 CITY OF KENT DOWNTOMjN STRATEGIC ACTION PLAN 1 �r. t f4 -x" wr may` 4 v INTEGRATED WITH THE FINAL SUPPLEMENTAL I ENVIRONMENTAL IMPACT STATEMENT Originally prepared for the City of Kent by I MAKERS Architecture and Urban Design, BRW, Property Counselors, Langlow Associates and the City of Kent Planning Services Office With the Assistance of a Washington State Planning And Environmental Review Fund Grant UPDATE ADOPTED APRIL 19, 2005 MAYOR , Jim White CHIEF ADMINISTRATIVE OFFICER Mike Martin CITY CLERK Brenda Jacober CITY COUNCIL Julie Peterson, President Tim Clark Ron Harmon Deborah Ranniger Debbie Raplee Les Thomas Bruce White LAND USE AND PLANNING BOARD Jon Johnson, Chair Greg Worthing, Vice Chair Steve Dowell Theresa Ferguson David Malik Elizabeth Watson Kenneth Wendling 1998 DOWNTOWN STAKEHOLDERS TASK FORCE Brad Bell Merrily Manthey Pat Curran Steve Mariotti Connie Epperly June McEleran Tim Giminez Dee Moschel Beverly Hawk Leona Orr I Jon Johnson Bill Stewart Jerry Kauth Bob Whalen Stephanie Klappenbaugh Howard Montoure I Doug Klappenbaugh Rico Yingling Dick Lackey Charles Turner 2004 DOWNTOWN VISIONING WORKSHOPS ATTENDEES Alice Alcorn William T. Miller r Jacquie Alexander Diana Olsen Jack Becvar Walter Olsen Mary Lou Becvar Ben Porter ! Sharon Bersaas Lee Porter Owen Bing Fergus Prestbye Cass Brotherton Jane Prestbye Joseph Buckman Deborah Ranniger Suzanne Reeder Cameron Melvin Roberts Walter Flue Cheri Sayer Ron Harmon Frank Scarsella Mike Heinisch Doug Scharnhorst Michael Johnson Elizabeth Scharnhorst Frankie Keyes Don B. Shaffer Mike Keyes Becky Silvestri Dick Lowe Dan Silvestri Jan Lowe Leon Thomas Nancy Martin Peggy Vargas John B. Merz Judith Zelter r r r r i 1 I Introduction I. Introduction A. Purpose , Since the days when Kent was a valley agricultural community, deymtewirpowntown Kent has served as the town's civic and commercial focus. In recent decades, the City has supported the do . Aewn-Downtown through proactive planning and public ' improvements. Faced with the challenges of regional growth management, Kent citizens responded by requesting a regional urban center designation for downtown. The designation calls for a more intensive mix of uses and a wide spectrum of civic activities well served by the local and regional transportation system. This-The City of Kent Downtown Strategic Action Plan pursues Kerft's-the citizens' vision for its urban center, as described in the City of Kent Comprehensive Plan, and expressed in this document;_hyBy translating the Comprehensive Plan's general objectives into a redevelopment strategy consisting of an integrated set of civic actions-, This-the Downtown Strategic Action Plan will-serves as a basis for developing the urban center and implementing the KePA Comprehensive Plan. It will provide a basis for future market analysis, environmental analysis, and community participation processes,—_*ne Downtown Strategic Action Plan outlines methods for encouraging infill and redevelopment compatible with the economic, environmental, and community goals of the citizens of Kent. The Downtown Strategic Action Plan also provides a framework for project-level planning appropriate for each Downtown district defined in this document. Subsequent project-level planning could be specified in Planned Action Ordinances. "Planned Actions" are discussed in Section C. of this introductory chapter. This Year 2004 update to the Downtown Strategic Action Plan intends to strengthen the connection between this policy document and the recently updated Comprehensive Plan, as well as acknowledge changes in Downtown Kent that have occurred since April 1998. B. Background , Downtown Kent was established as the commercial center of Kent in the early 1900's when it served as a market town for a thriving agricultural valley. The pattern of retail trade and office development has changed in Kent since that time, but dewfte% Downtown has retained W-s its position as the center of City civic and cultural life. The City and dewrttewn-Downtown merchants have worked diligently to maintain the vitality of the historic commercial core. Prior to this plan, the City of Kent had undertaken several downtown planning efforts: the 1966 John Graham Plan for Downtown, the 1974 Central Business District Plan, the 1983 L I.D. 313 and Urban Design Plan, the 1986 Downtown Revitalization Task Force Report, the 1989 Downtown Plan, the 1992 Downtown zoning revisions, the 1995 Comprehensive Plan Goals and Policies, and the City of Kent Downtown Strategic Action Plan 1-1 Introduction designation of downtown V en0owntown Kent as an urban center through the King County Countywide Planning Policies processes. LBoth public and private interests initiated this planning process. In 1995, the Kent Downtown Partnership and other citizens asked the City to fund a comprehensive market analysis for downtown The City Council agreed to budget $25,000 in general funds for the market analysis. In 1995 the City Council set goals for 1996 which included "Kent: A Home Town for Families- A Friendly Small Town-A Place to Work-A Place ; ' to Live," and"Downtown- A Community Focal Point." Downtown goals were first priority for 1996. ' In early 1996,the State of Washington awarded the City a$150,000 Planning and Environmental Review Fund (PERF) grant,which the City matched with the previously appropriated $25,000 for the market analysis and$25,000 of in-kind services. The Mayor appointed an executive staff, the Downtown Strategic Planning Team, which assisted the Mayor in appointing a Downtown Stakeholders Task Force. The Strategic Planning Team and the Planning Department hued an interdisciplinary consultant team to assist the City and the citizens to formulate a downtown-Downtown subarea plan. The team consisted of MAKERS architecture and urban design, BRW, Inc., The Langlow Associates, Property Counselors, and Sierra Media. After the April 1998 adoption of the original Downtown Strategic Action Plan document, I the Regional Transit Authonty(since reconstituted as Sound Transit) determined the preferred South Station Site to be impracticable to service the full length of its trains, and selected the North Station Site Since February_5 2001 Sound Transit Commuter Rail trains riding the Burlington Northern/Sante Fe railroad have been loading and unloading passengers between James and Smith Streets — approximating the North Station Site alignment Several revisions to the Downtown Strategic Action Plan acknowledge this fact The Commuter Rail Station Area Study, completed in 2000, updated the market analysis of the DSAP and identified a number of parcels in Downtown with development and redevelopment potential in proximity to the Sound Transit rail station. 1 While some things have not changed in Downtown Kent other circumstances have changed since the 1998 adoption of the DSAP. The Borden Chemical Company sold ' their property and their operations to the City of Kent in 2001 significantly shortening the timeframe for potential redevelopment of the 20-acre site. Some of the recommended I actions listed in Chapter IV and Chapter V have been completed, yet others are in progress or have since been deemed infeasible, Still other interested parties in Downtown Kent seek to expand existing business uses or obtain site improvement variances non-conforming to Downtown Commercial Enterprise (DCE) Zoning—particularly on Central Avenue. Some of Central Avenue within the boundaries of Downtown is currently zoned General Commercial (GC). The replacement of DCE Zoning with a zoning district more favorable to auto-oriented uses should be carefully mitigated by the application of Downtown Design Review. Interest in development opportunities along the James and Smith artenal streets adjacent to Kent City of Kent Downtown Strategic Action Plan 1-2 Introduction Station exist, although the area north of James is constrained by the current single-family , residential Comprehensive Plan Map and Zoning District Map designations. C. Process , As a subarea plan and a supplement to the Kent Comprehensive Plan, the Downtown t Strategic Action Plan and Final Supplemental Environmental Impact Statement DSAP were prepared under new State provisions in ESHB 1724, which allows the integration of , State Environmental Policy Act (SEPA) and Growth Management Act (GMA)processes. It is a programmatic EIS and supplements the Kent Comprehensive Plan EIS issued in January 1995. it: . se pfepa-e . .. "Planned n etion"Finn e,,,.,.,io.,.,e.,,.,i Public participation is essential to a subarea plan environmental review process. The first opportunity for public participation was a general public workshop and a SEIS scopmg session held in 1996. Prior to adopting the DSAP, the City subsequently conducted six additional public workshops and seven Downtown Stakeholders Task Force meetings. City staff responded to numerous letters, telephone calls, and Planning Department visitor's questions.E p al Tri., aet ;Sta4efneat ,,.w:,.w . plef fle,,.., the EIS by addressing the probable signifiean4 enviFeamental jmpaets of#ie Comprehensive Plan i The Draft Supplemental Environmental Impact Statement (DSEIS) for the DSAP was issued on February 4, 1997. The DSEIS; contained three land use and urban design alternatives, and was distributed at a workshop to gather public opinion regarding a preferred alternative. An additional environmental document; authorized by the Washington State Department of Ecology, entitled the Draft Downtown Strategic Action Plan and Preliminary Final Supplemental Environmental Impact Statement, was issued on May 19, 1997 to provide additional information and allow additional time for public comment and discussion prior to integrated plan adoption The Preliminary Supplemental Impact Statement contained additional impact analysis, additional mitigation recommendations, the preferred alternative, comment letters received by the Cityin n response to the DSEIS, and the Ci 's responses to the comments. The Land Use and Planning Board conducted a public hearing before recommending the Plan to the City Council with revisions. The City Council Planning Committee received additional public comment within their review process and recommended further revisions. Typically, the FSEIS would be issued prior to the decision process In this instance, the public hearings conducted by the Land Use and Planning Board and the City Council Planning Committee became part of the environmental review record. The preferred alternative was revised as a result of the recommendations of the Land Use and Planning Board and the City Council. This document presents the revised preferred alternative for establishing development goals and policies for the whole of Downtown Kent City of Kent Downtown Strategic Action Plan 1-3 Introduction As the process chart (Figure I-1)in the Appendix indicates,planning, evaluation, and public involvement were coordinated throughout the project. Public involvement L occurred at three key points: setting of objectives, development of alternatives, and evaluation of alternatives. This level ef detail provides pr-edietability and may r-eduee or- eleminate the neeessity fe In 2004, the City of Kent is updating the Downtown Strategic Action Plan(DSAP)to reflect the changes in existing conditions and development opportunities, as well as 1 address concerns among some in the community about the negative impact of regulations on expansion of existing non-conforming uses. In late 2003, the City Council Planning Committee directed staff to analyze issues relating to zoning and development standards in the Central Avenue District of Downtown Consideration of other issues, including the guidance of the Downtown Strategic Action Plan were identified as part of the work program. Beginning in March 2004, staff prepared background information contained in the Downtown Strategic Action Plan, as adopted in April 1998, for comment and suggested revision in public participation workshops. Morning and evening workshop sessions were held on May 17, 2004 and June 14, 2004 at the Kent Senior Activity Center to identify present conditions, challenges and opportunities in Downtown Kent. Public participation at these sessions included facilitated discussion of Downtown issues and the DSAP, as well as opportunities for the public to self-record issues, concerns and ideas on 34"x 44"maps. These maps depicted DSAP distncts with 1998 recommended actions at the May sessions, and the maps at the June sessions included commentary carved over from the May sessions. As a substantially-large population who work, eat and shop in Downtown Kent, all Crty employees were offered an opportunity to respond to an all-users electronic message about their vision of Downtown as a place to live, play, or shop The responses were summarized and included in a map reviewed by the Land Use and Planning Board in a July 12, 2004 workshop. The Land Use and Planning Board offered some of their own comments, and reinforced some of the comments provided by citizens and City 1 employees. PLANNED ACTIONS 1 71 « c the f««,,,,,,,,;,,,,D dd A fi The level f d tail-r-eff fife f a « eN�xr"' -pi�9�3 �cnc xvr�axaaxxx�r lcun�cv i ccnorx� xnc xc v cx ox ac Plan xco rrcc:eii Brdiiiaiiee irisre scs-cncvrcmccayrrrcY-yrTrrrcrcroacca c xvnoxmxcxxc impacts and ncccssru 4 mitigation measarvs related to s 3e 'fi d 1 +ttses and - intensities e f e City of Kent Downtown Strategic Action Plan 1-4 Introduction The Planned Action EIS process is a relatively new component of environmental law in Washington State. Under the ESHB 1724 provisions, local junsdictions with an adopted comprehensive plan can opt to develop a 20-year vision for a subarea or neighborhood and create a Subarea Plan integrated with a Planned Action EIS. The Planned Action EIS evaluates the significant adverse impacts and reasonable mitigation measures associated with the development proposed in the Subarea Plan. Using this tool, the City would evaluates several detailed subarea project development scenarios prior to receiving and reviewing development applications for the Planned Action subarea. 1€Whenever a Planned Action ordinance is adopted by the jur-isdic-tionCity, an agency reviewing any subsequent project proposal in the planning area must first determine that the project is consistent with the earlier Subarea Plan Planned Action EIS. Typically, this means that a submitted development proposal, or proposals, are consistent with and do not exceed the thresholds of uses and use intensities established in the Planned Action Ordinance. The agency must also determine that the Planned Action EIS has adequately addressed the significant impacts of the development and identified mitigation measures. Consistency is determined by a review of four areas: (1)type of land use allowed, (2) level of development allowed, (3) infrastructure, and (4) character of the proposed development. The benefit of this approach is that subsequent project-level development proposals may have a reduced amount of environmental review, if the development proposal is consistent with the adopted Suhafea4qanPlanned Action Ordinance. The purpose of creating an integrated plan and/environmental assessment document, consistent with PERF grant requirements, was to adopt a Planned Action ordinance if such an action was appropriate. In 1998, As-as a result of planning analysis and environmental review conducted, the planning team determined that, despite the recommended mitigation measures, existing City regulations may not have provided sufficient environmental protection to take the place of the SEPA process at this-that time. As a result, the City of Kent has-chosen not to propose and adopt a Planned Action ordinance with the approved plan. However, the Downtown Strategic Action Plan provides development goals and policies I for several districts within Downtown Kent. As such, the DSAP is a framework for future development plans of a more detailed nature, including Planned Actions. KENT STATION In 2001, however, with the City purchase of the Borden Chemical property, the opportunity to develop at higher intensities of mixed-uses in close proximity to the recently operational Sound Transit Commuter Rail Station was both real and immediate. AThe City initiated a Planned Action process for the property formerly owned by Borden Chemical-, identifyingsite-specific ite-specific environmental conditions and anticipated impacts and mitigation measures for development of three (3) development scenarios within the North Core District Subarea The City Council selected Alternative 2(Kent Station Proposal) as the Preferred Alternative in July 2002, and a private sector developer has begun the City of Kent Downtown Strategic Action Plan 1-5 Introduction process to develop Kent Station Groundbreaking occurred on June 30 2004. Eventually other districts within Downtown Kent may similarly present si if�n icant opportunities for planned actions. , aetie„s that would be stibjeet to T.Fwir-aptme.,tal re e under- SEEAare Y.aVhu.0 ed in a ♦' 311 Additional 1✓ to hi f tiers The GA5,m side a i2lan mad �cccivrr�r- rrJr"[vrFvimicarcar-nxZvrizx>icxv�a�zx v..� ....�.� �.......Y... »� .»........ Aefien er-d4ianee asifig this FSEIS integmted plan after adoption ef adequate dewfAe street standards, revised design g�aidelines, and histene presen,atieft measures. if SEE A r lc>`r'. I session The City nduete.l six ad itie al . ubh Ek-she rya seveii Dew ate oxm Stakeholders task for-ee meetitigs City staff responded to numer-eus letters, telephatie ea11a) and Planning ,•Depatment, e;ter's quest.ens The lira Ft Supplemental Eiiyir p. mental 1nipaet Statement (DSEIS)„ran iaaliecl ) jM additional a etital dee„ment) bya„therized h the ll 7ashing4e..-State Department e f Eeelea,., ,r.the Dfaft Dewiite,, Strategie A etier, Plan and Drel;,� inai-,.L'...al V m to tea-.ated planadoption, The Dreli .FiaM Supplemental 1m et State r.t LV 11 e to the eemme„ta •1 a V.iV1V11J. 17 V1V U31 Typ eall.., the FSEIS . „l.l he. .l e „ this r to the deeisien p In is instanee, the ptiblie heafti gs tenth t d by the Land U d Plaming v ,1 ,1 the City Co e.l U=aaiinS GoixiPtsec hccmTr part vf the cmziviaicitulr`i�cw ccvra: The c Uta.. mg Board and the City Geane.l This doe.,ment presents the revised pref rre.l 1 .M1111111 G✓eLV(G1Y U11,1 T1LV�i al�atiye 1 As :; . pr-e es:e ^on the e t , ind eaten a .., t' d hl' v Y= - v l YY�a.. 1 u-lvnwa� , � xiu-pnvxic ifiyel nt• r- i„ate.l th heut the et U, b h e t e d t a V VVV1 LL111U1V4 L111 pi1b11Vpr-ej al�temaativesT M2. I-1: 1996-1997 DSAP Process Dia2raml City of Kent Downtown Strategic Action Plan 1-6 Introduction 1 D. Organization of Report ' This report is organized to aid both public and private interests in making decisions concerning development and investment in the downtown. Section I is a summary of the background,purpose and process of the project, Section Il describes the vision for dewnteu%Downtown. Section III describes the plan concept, and Section IV outlines the recommendations for achieving the community and City's objectives. Section V is the ' heart of the plan. This section organizes the recommended actions by areas districts within the dew*tewnDowntown, showing the interrelationships among actions. Section VI contains the State Environmental Protection Act (SEPA)Fact Sheet and other required environmental data. The fact that the subarea plan is integrated with the Final Supplemental Environmental , Impact Statement is consistent with Washington State Planning and Environmental Review Fund grant requirements. The process provided public participation and environmental analysis in conjunction with the planning process. As the plan evolved, environmental mitigation was often incorporated in problem solving and design solutions. The format of the integrated plan/FSEIS is different from the typical FEIS document. The following chart summarizes where typical sections of an FSEIS are found in this document. Typical SEPA EIS Section Location of Information in the Action Plan Fact Sheet A Fact Sheet is located at the beginning of Section VI. Executive Summary The information typically found in an Executive Summary is located in Section I. And Section VI. Introduction A summary of the project history, purpose, scope and public involvement process is included in Section I. Alternatives Considered A description of the alternatives considered is contained in Section VI, , Environmental hiformation. Impact Analysis Impact analysis supplementary to the analysis found in the Draft SEIS and the Preliminary Final SEIS is included in Section VI, Environmental Information. Mitigation Measures A summary of mitigation/implementation ' measures is provided in Section VI, Environmental Information, and in Section III, Summary of Recommended Actions Response to Comments A summary of comments and responses is located in Section VI, Environmental Information. City of Kent Downtown Strategic Action Plan 1-7 rIntroduction r i r 1 r r r r r r r r r City of Kent Downtown Strategic Action Pion I-8 1 Vision II. Vision : Growing a Home Town ' Prior to this plan Downtown Strategic Action Plan(DSAPI,Kent citizens contributed to a downtown vision expressed in the 1992 Community Forum on Growth Management and Visioning, the 1989 Downtown Plan, and the Kent Comprehensive Plan Beals-Goals and peketesPolicies. The community expanded and reinforced the vision by participating in ` the public workshops, focus group discussions, and Downtown Stakeholders Task Force meetings that helped to form this plan as it was adopted in 1998. ' A Visit to the Future If this plan is successful,what will downtown Downtown Kent be like, say, 10 or 15 years in the future? What are the character and qualities that the City envisions for its downtown? One thing for certain is an early 21"Century visitor entering downtown—Downtown Kent will be presented with a more gracious welcome mat.Not only will key entry points around the dewntewn-Downtown perimeter be well marked with gateway landscaping, artwork, and directional signage,but the character of development on Central Avenue, James Street, and Willis Street will be more appealing for motorist and pedestrian alike. Robust automobile-onented businesses will still find a home on Central Avenue,but recent streetscape improvements and incremental business expansions will have transformed the old strip into a more welcoming, attractive corridor. At the de-A�e:%trs Downtown's southern boundary, a well-landscaped Willis Street will frame a rehabilitated single-family neighborhood to the south and the emerging mixed-use residential neighborhood to the north. An underpass will provide passage under the Burlington Northern/Sante Fe railroad nght-of-way, and a trail along Willis will provide local residents safe bicycle access to the Interurban Trail, the park-and-ride, the Historic Core, Kent Station, and the Commons Recreation Center &gafkPlayfields. ' T ie-In addition to the above-mentioned Interurban Trail access, the west section of the deyatewnDowntown, between the Union Pacific Railroad and SR 167, will have seen 1 major changes. Better street access will have spurred new commercial development between Smith and Willis Streets. There maybe well-landscaped clusters of residential development as well. A newly refurbished Commons Per-kPlayfields, the Commons Recreation Center—not to mention the Regional Justice Center—will form a civic anchor at the d^'• 's ' Downtown's northwest corner. The Regional Justice Center, by then about 15 years old, will be a still-imposing but more familiar fixture. Regional Justice Center activities will have increased service businesses in the core,but vigilant work by the City will have kept undesirable businesses from proliferating in Kent. ' City of Kent Downtown Strategic Action Plan 11-1 Vision , Te Street will he the dem%te, n's busiest n st .vest t,.ef�e ,..,.:de _d the ede t ,�,,,Vv LVVL ♦Y1 VV V LLV YY LL,V YY 11 JVUJln ~, ~ sepaFe4ed failr-ead er-essiiig will eliffluia4e what wetild other-wise have bee hleek a at the Elufhng4e.. Nefthe,-.. atite Fe n,lf ad e , V LV VLILL�,.V LL,TL1V lJ But, while the future visitor will notice many changes to the dovvitewW Downtown's perimeter, the most striking transformation will have occurred south-north of Gewe Smith Street. The Sound Transit eemmuter- ommuter fail Rail station Station, or Kent Transit Center, located between James and Smith Streets on either side of the railroad tracks,will be an important transit hub, with local feeder buses meeting the trains and regional buses for transfer to locations throughout the Puget Sound. Although commuter rail service was limited at first to two early morning , northbound trips and two early evening southbound trips, have led to all-day rail service,—will ffrakflgmake the train the preferred transportation option for commuters to Seattle, Everett or Tacoma or baseball fans heading for a , Mariners game. The importance of this transportation connection will have given dewntowR-Downtown Kent greater prominence in the region and spurred development in Downtown. Smith Street will be one of the dewrrtewn''s-Downtown's most attractive corridors, with a new hotel efC,ee and fete,, eemplex e., the.,eft"pedestrian-oriented businesses and open spaces located on either side of the street In part,e„ler the Give and nerf,..Y in n 4s Center-will he n hub of da.itime and eveffing netiy ty de.,,.,tovffi. Walking through the histerii=Meeker Street Historic eeFeCore to the Commuter rai-Rail statte Station will be a pleasure because of the street trees, Sister Cities Parks, and pedestrian- oriented buildings. The Fret phase of the Borden site r-edeyelepwentKent Station project will be completed,with an integrated mix of uses and open spaces supported by a street grid and structured parking. To the east of the BN&SF tracks, the Publ.e >,,rnr,.et n d Sister Cities Parks will aftehe� sport another cluster of shops and commercial activities. Yids-Railroad Avenue district will offer a valuable addition to the unique historic retail core of Downtown Kent. With the Sister Cities Parks providing an attractive backdrop as well as a pedestrian connection to the Kent Transit Center, the emerging Railroad Avenue activity center will have joined Meeker Street and First Avenue as places where citizens from all over Kent can come to spend some time. They will browse in specialty shops, share a cup of coffee, or enjoy an evening meal. The South Core area between Titus Street and Willis Street, while not having experienced the dramatic transformation of the North Core District, will have seen slower, incremental changes. New midrise mixed-use/residential complexes and townhouses, developed with sensitivity to well-maintained single-family homes of historic character, will have created one of south King County's most attractive in-town neighborhoods for those who want the convenience of local services, easy access to transportation, and a stable, pedestrian-oriented setting Then „ter fail station ill he leented o both sides of the ,•n:h-ead just south of Gewe Street e City of Kent Downtown Strategic Action Plan II-2 Vision Our visitor will be comforted by the fact that, except for some key infill and building renovation, the Historic Core, centered along Meeker Street and First Avenue, will remain much as it did in the late 1990s. The key to success of the Historic Core will have been the connections that the City made to the north and south, as well as those connections made to the east and west, which added supporting activity from nearby residents and workers. ! From the Present to the Future From the perspective of our visit to the future, it is clear how the dewatewn-Downtown will reach its goals. By enhancing the historic character of its ee-eCore Districts, the City will retain its euMink to the past—its roots. rBy emphasizing its pedestrian qualities with gracious sidewalks,pedestrian-onented businesses and a variety of parks, the downtown-Downtown will remain a comfortable, friendly place for people to meet and enjoy themselves. By encouraging a wide mix of commercial, residential, and public uses, the dewntew Downtown will generate the activity necessary for a successful urban center. By fostering high-quality redevelopment through public works improvements and design guidelines, the downtown-Downtown will become a source of civic pride for the whole city. By integrating emerging transportation systems, the downtown-Downtown will regain its role as a regional crossroads. And, through the continued efforts and care of its citizens, the Downtown tewi+-will continue to be a"home town for the future." 1 [Fig. II-2: Map - Downtown Kent 20 Year Vision (1998)1 r r ! City of Kent Downtown Strategic Action Plan II-3 Planning Concept r III. Planning Concept A. Market Analysis ' The foundation of a successful downtown-Downtown plan must be an understanding of the realities of the real estate market. Consequently, the planning team conducted a market analysis during the first stages of planning in order to determine the potential for growth and the conditions necessary to foster positive redevelopment. The market area from which dewntewn-Downtown Kent draws 80% to 90% of its sales extends west to Interstate 5, north to the Kent city limits at 180`11, south to 277t', and east and south toward the Cascade foothills (see Fig. Ig II-1) This area recognizes the existing concentrations of retail development in Tukwila and Auburn, the natural boundaries of the plateau to the west, and the existing transportation network extending to the east and south. Market Opportunities and Development Potential The... ar-ket analysis detennined that there There are several specific opportunities in downtown-Downtown Kent. —Office/Education OfF^e development is the strongest immediate ^^"^ P nity. Continuation of historic levels of office absorption of 16,000 to 18,000 square feet per year in addition to law offices associated with the Regional Justice Center(RJC), and the development of a branch of the Green River Community College at Kent Station would result in potential office demand o£ • 1996-2000• 92,000-112,000 square feet • 2000-2010: 260,000 270,000100.000 square feet • 2010-2020: 4SO,-00080,000 square feet —Retail Projected retail development estimates are based on maintainHigdramatically increasing ao�-n��to Downtown's share of market area spending,with finer-eases i shares for- speeialty feed-, appafel, ea4ingldi-7inlang, and miseellaneetis r-etail sales which may be facilitated by the development of Kent Station and adjacent properties, and other large parcels Downtown Kent Station will include a fourteen(14) screen Cineplex, which may generate additional spin-off retail activity. • 1995-2000: 46,000-49,000 square feet(including RJC impact) • 2000-2010: 100,000300,000 square feet • 2010-2020: 79,090100.000 square feet raddition,In , —Civic and Performing Arts Center r City of Kent Downtown Strategic Action Plan III-1 Planning Concept , A Civic and Performing Arts Center has been proposed for dew*tewn-Downtown , Kent. Attendees at performances at such a facility would also patronize surrounding businesses. While the level of spending in itself would only support a few thousand square feet of development, it would contribute toward extending the hours of the disti-7ietDowntown into the evening. AHowever, a bond issue election held in 2000 to , provide public funding for the Civic and Performing Arts Center failed to gain sufficient support, and development of this element would require significant private investment.The ,,,,.. mittee -r the v eet has iiwest; ted the feasibility fra tl .. i� uav Yi v�vv.aau.. ua.v.aubu...0 uia. -vx iui�iiis-zaxv neeessar-y ftmds thFough grants md pnvate eentibtAiens. The r-esuh of that study will affeet whether-the pr-epesal will be pursued in the iinmedia4e futufe. [Fir, III-]:Map—Market area for downtown Kent(1998)1 , —Market Rate Residential One-third of the residential capacity for the City is in the dewatewi+-Downtown area. In order for the deyiit,& i DOWntown to approach this capacity over the next 20 years there must be successful projects that can demonstrate to the development community that there is demand for market rate housing. The best opportunities are single-use residential units on the edge of the eereCore Districts, where land costs are ' lower, and small condominium and apartment projects at high-amenity locations in the core. —Hotel/Convention Center A full service hotel with proximately 150 rooms,meeting facilities sized to accommodate groups of approximately 250, and restaurant could compete with hotels near the airport and Southcenter and attract over$2 million in spending to the area each year. —Health Care and Wellness Opportunities exist to increase Downtown Kent's stature as a wellness center. Downtown Kent is the location of an established community of traditional health service providers and providers of alternative health care and natural medicine. King County has recently constructed a 17,900 square foot facility for the King County Natural Medicine Clinic at the corner of South State and&East Meeker Streets. The Pediatric Infant Care Center anticipates relocatingto o a larger facility to be built before 2006. In the future, a devaA,& -Downtown facility of several hundred thousand square feet could provide an opportunity to consolidate various care providers. —Finally, additional development of all types creates demand for the others and provides an overall increase in vitality and interest. City of Kent Downtown Strategic Action Plan III-2 Planning Concept SummaFy of Market Analysis ARalysis Update 1998 The updated market data suppefts several eenelusiensi } househel.l and ineeme gFewth_ *0ver-all business eenditions aFe geed,with sta-7-eag gr-evAh ift taxable sales fer-the City as ' tT deN"tewn Kent eff,e market . d�"amie with., eonstmefien, te..arA expansieand .. e # e downtown retail mafket is stable with net gFeNNqh expeeted with eempletien ef th Ander-sen Building 4 the«e«theast a v of Meeker- St«ee4 and Feui4h Ayefme an r-enovation of the Dr-a mess Building. .le' Ken t. ent aT .,.,.1 values«°flee♦ an eptimistie outleek fe-Yent The development a e«t,,.,;t;es ide,.tif;ed for- ,low 4e,,.., TTe„4 i the pr-evieus market study e „tine to he«ealist,e and .,eh;eyable In,page„ler_ , ' a e e businesses. 'wThe Re el Transit Authority( T A) eenmnuter-r-ail e4e4ie in downtown TTe,.4'A 11 e nfer-ee the demand for- .lewntwAm he„e,.,., and ee,4ain t.,,.es of retail ■ Ge.,,m unity l4eelth Gente«« e„is ., f:,e;hty i this ever.,« Strategy ' The major goal of the City of Kent Downtown Strategic Action Plan (the-�SAP) is to encourage dowiit-&�Downtown growth, infill and redevelopment while creating a stronger community identity and civic/commercial focus through a-strategic public-and= private partnershipsirfill and redevelopment et« tegy. The Flail-DSAP actions are intended to implement the difeetions provided by the City of Kent Comprehensive Plan ' (Comprehensive Plan, the goals and policies of the 1989 Downtown Plan, and the goals and policies in the devaA-ew Downtown and commercial sections of the Land Use Chapt lement. Consistent with the requirements of the Washington State Planning and Environmental Review Fund, the Nan-DSAP integrates environmental analysis and environmental impact mitigation measures within the land use, transportation, urban design, problem solving, and implementation framework of the NanDSAP. The Nan DSAP presents a framework that will maintain Kent's existing physical assets of Downtown, prepare for projected growth, and support future development. It recommends that public and private interests work together to achieve safe, attractive, ' City of Kent Downtown Strategic Action Plan III-3 Planning Concept and convenient transportation systems, improved parks and open space, and adequate public facilities. Successful downtown-Downtown redevelopment plans build on the community's existing physical and organizational assets. Fortunately,downtown-Downtown Kent Chas , many resources that will be a foundation for future growth and development. Vigilant City and business efforts have kept Kent's historic,pedestrian-oriented eere shopping districts along Meeker Street, First Avenue, and Railroad Avenue vital. The new , Regional Justice Center is already a landmark and growing employment center. The downtown-Downtown is blessed with a variety of parks and open spaces, including the active Commons Park, Intefamional Sister Cities Parks, the Rose Garden, and Railroad ' Park. Kent's City Hall, the Commons Recreation Center, library, the Senior Activity Center, and the Resource Center. add-These parks and open spaces provide aetivi4y activities and enhance the downtown's-Downtown's role as the City's focal point. Nearby residential areas add a built-in consumer and employment base. (Fig I11-2:Map— Challenges facinz downtown Kent(1998)J ' The community's optimism regarding future private development opportunity is well founded. The market analysis conducted early in formulating this plan pre}eets-projected significant development potential for the downtown Downtown based on continuing growth of the Kent dewntoymi Downtown market area While the pace of this rg owth may fluctuate, the growth potential remains. Opportunities include additional retail development, office development, a full-service hotel, and urban-style housing. In addition, the newrestored Kent Public Market will bolster businesses on-in the eere's ' east-side core districts, and as service expands, the new eannnutef r-Ai' St-Atiefi- scheduled to open in 199 Sound Transit Commuter Rail Station, Fora..,., ..,2001 will make Downtown Kent a regional transportation hub. The expanding presence of athe er-Commuter pail-Rail station Station is also likely to stimulate in-town housing development and new employment opportunities. Commercial growth should occur as an indirect benefit of the eemmuter Commuter rail-Rail swiert-Station , and a direct benefit of new in-town housing Housing development, at densities consistent with the Regional Growth Center designation of Downtown Kent, should be encouraged throughout Downtown to stimulate an increase in demand for retail and , commercial services. While the dewntewn-Downtown contains valuable assets that serve as a foundation for a ' strong identity and vital economy, there are obstacles to growing a better dewntewnDowntown Kent. The first is that Kent's assets are scattered and often disconnected. The second is that many of the commercial corridors and residential areas at the dewfrtewn-s-Downtown periphery are underdeveloped or present a poor visual impression. Because of those assets and obstacles, the basic strategies at the root of the De,Amtewn Plan SAP are: ' • Connect and unify important downtown-Downtown features..-; City of Kent Downtown Strategic Action Plan III-4 ' Planning Concept ' • Enhance the periphery of the dewntewo-Downtown to achieve higher quality ' development that supports its central activities;: • Define special activity districts..-; • Select"target" areas as a basis for a phased implementation program to accomplish ' redevelopment and/or infill consistent with the Plan..-; • Encourage housing development throughout Downtown, • Enhance civic identity. Connect and Unify Downtown's Features Civic improvements, including the Regional Justice Center, and the Kent Commons;-aad the Publi, r la flfet, are expanding the dewi#ew n-Downtown eereCore. The core business ' areas along Meeker Street,First Avenue, and Railroad Avenue will continue to serve as the Downtown's commercial da;A%4own'-s south anchor. To maintain and improve this role,the histeriEHistoric eere Core must be linked to the northern Fes-districts by a combination of park,pedestrian, and vehicle connections along First, Second and Fourth Avenues and Smith Street. In addition, supportive redevelopment of the Smith Street corridor will strengthen the connection De„elep ent of the new Publie r hallo+ site an n,,.a:.,,,4e Green, v „,..,hou and Tr.,ibar., Parks re high r—i The parks and the Public Market link the Historic Core District and the eemn ter-Commuter rail-Rail station Station to the Regional Justice Center and planned commercial, office, and residential activities to the north. [Fig. 111--3:Man— The strategic redevelopment concept(1998)] ' During the planning process, several commuter rail station locations were proposed within a five-block area adjacent to the Burlington Northern/Sante Fe railroad tracks between Titus and James Streets. Uiis-The Plan_o,.,,.ffnead '' atDSAP acknowledges that the new Commuter rail-Rail station Station be-located just south e€ Gevenorth of Smith Street to provides an efficient multi-modal regional transportation ' hub. The Commuter rail-Rail station-Station will enhance Kent's role in the region as "host community" and accentuate its identity. It will add significantly to the connectivity of northern and southern downtown Downtown districts of the City restores the historic tram station located between Gowe and Meeker Streets, develops parking areas, vehicular circulation systems, and good pedestrian and visual connections to other dewHtewrt Downtown features. High-quality redevelopment in the surrounding areas would also ' enhance Kent's role as a"host community" For these reasons, pedestnan connections across Smith Street and traffic improvements in the vicinity are recommended in addition to the other connecting features described above. The Borden Property, purchased by the City of Kent, located between Smith and James ' Streets represents one of the unique redevelopment opportunities in the Green River Valley, if not the whole Puget Sound Basin. The City should pr-epaFe tehas taken advantage of this opportunity by ensuring that there is access to the site (especially along Second Avenue from the south)_14 shealdThe Citv is collaborating with a private developer to master plan the Kent Station site as a whole, and create a desirable City of Kent Downtown Strategic Action Plan III-5 Planning Concept development setting around the site as described in the Kent Station Planned Action ' SEIS. The subdivision of Kent Station allows for the sale of parcels to developers in ' phases. Enhance the Periphery of Downtown ' The second devAtewn-Downtown redevelopment strategy involves upgrading the areas directly around the expanded core. Similarly, allowing office and mixed-use development between Feufth-First and Fifth Avenues north of Kent Station along James Street will accommodate and encourage investment in this highly impacted area. The single-family neighborhood east of Fourth Avenue and-just-north of James-Cloudy Street is an ' will be buffered from the intensive development along James Street by a lower intensity multi-family residential district. A combination of pedestrian-oriented street improvements and site design guidelines will , help make the Central Avenue corridor a more fitting eastern entry into the ear-eCore ' Districts. The areas to the south, east, and west of the ewe Core Districts provide an ideal setting for residentially oriented mixed-use development to support eefe-Core District businesses and add life to the Downtown as well as reinforce Kent's identity as a"home town." Define Special Activity Districts The plan-DSAP identifies and defines existing and emerging special districts within the downtown Downtown area such as the lnsterw—Histonc Core business district, civic activity areas, Kent Public Market district, and in-town residential areas. Such definition provides the basis to direct growth in character with each district, and to establish the relationships and connections between districts. Planned Action Ordinances for each district could adopt subarea or subdistrict development plans with detailed environmental analysis of potential development scenarios. The preferred alternative of each subarea plan would then provide guidance for future a; evelopment of the whole district , subarea, or a discrete parcel of significant development capacity within the district. It is important to consider the existing assets of the districts, potential for improvement, , redevelopment and infill, and their context or role within the dewntewnDowntown. Select Target Areas Priority development sites lave4)eeriwere identified during#P,-past planning processes. The ems-Commuter rail-Rail staHe}rStation site, Kent Station, the Kent Public ' Market site, and the eivie Civic and^e g-Performing aA&-Arts center site-afe-were driven by previously determined plans. The Civic and Performing Arts Center did not receive the necessary bonds to locate and build at the Municipal Parking Lot as planned, ' and the Kent Public Market has since relocated there after a few challenging years at the Railroad Avenue site. Other projects such as prionty in-town housing sites, essential pedestrian connections to connect existing and emerging activity districts, and public City of Kent Downtown Strategic Action Plan III-6 Planning Concept ' gathering spaces have emerged during the analysis and public participation elements of ' the Rlaft-DSAP process. Specific implementation measures to develop target areas provide a framework for public and private action. Mitigation for environmental impacts identified during the SEPA review of the proposed plan is integrated with the ' implementation program. Specific development scenarios may require additional consideration of site conditions, impacts on environmental conditions, and potential mitigation measures. ' Enhance Civic Identity ' A major focus of this plan has been to define an identity for downtown-Downtown Kent. The image that has continually reoccurred throughout the process is the downtown's Downtown's role as a"home town." The intent of the plan-DSAP is to "Grow a Home ' Town for the Future." But what does this mean? What are the characteristics of a "home town"that can be integrated into a dynamic 21"Century community? In looking at Kent's sustaining assets and the dews-Downtown's opportunities for the future, ' the following characteristics stand out._ —Variety: A Sum Greater Than Its Parts Hometowns are where people gather for many different functions and activities. They bring people together and focus a sense of community. The dewntewn Downtown is home to many civic and commercial activities and can make a vibrant residential neighborhood as well. As noted above, the key to the Elan'-sDSAP success will be the connections between the various elements. Physical connections between transportation centers, government services, businesses, and recreational activities will strengthen the community's economic, cultural, and social connections as well. ' —Quality: A Sense of Caring A hometown's value to its community is reflected in the quality of its physical setting. The actions recommended in this plan are directed at producing higher quality public improvements and private development. One index of the plaWsDSAP success will be the amount of careful, well-considered financial and ' human investment the recommended actions attract to the dewntownDowntown. Equally important will be the design quality of development—embodied in the durability of architectural styles, features and building materials. ' —Friendliness: A setting for personal interaction A good hometown is a place where people meet,where they come to enjoy ' themselves as individuals and to celebrate as a community. Encouraging these activities means attention to detail. Comfortable, attractive sidewalks, street trees, cafes and meeting places, bicycle paths, parks, artwork, and public amenities are important features of a successful downtow3Downtown. Safety is also an important consideration. Streets and public spaces must be well lighted In addition, they must be designed to support Police and Fire Department efforts. ' City of Kent Downtown Strategic Action Plan III-7 Planning Concept —Memory and Vision: Remembering the Past, Looking to the Future ' During the middle of the Tv v�twentieth Cenftifycentur ,Kent transformed itself from an active farming community into a robust,industrial-based suburb. ' Now,with the construction of the Regional Justice Center and a new transportation hub, Kent is again transforming itself; this time into a dynamic, ' multi-faceted regional urban center. As projected population growth occurs, and as this transformation takes place, it will be important not to lose the perspective of the past. The historic qualities of the core and small-town characteristics must ' be retained and reinterpreted into new development as the dew*tewn—Downtown grows to meet the future. City of Kent Downtown Strategic Action Plan III-8 ' Summary of Recommended Actions IV. Summary of Recommended Actions ' A. Recommended Actions To implement the objectives and ideas presented in Section III,this plan reconunends a series of actions, including regulatory measures, capital investments, and public programs. Section IV summarizes the recommended actions, describes the ' implementation steps, costs, and environmental impacts, and mitigation measures for actions that require environmental review. ' Figure IV-1 summarizes many of these actions and indicates where each action targets improvements. Figure IV-2 lists the actions according to their major categories and outlines their timing Figure IV-3 provides a list of preliminary capital project costs. The ' actions are described in detail and the manner in which they interrelate to upgrade specific districts is outlined in Section V. To prepare for possible adoption of a Planned Action Ordinance, as discussed in Section I, the actions that would require environmental analysis under SEPA regulations, with identification of probable, significant, adverse environmental impacts and proposed mitigating measures are included in this section. If ' When a Planned Action Ordinance is fietproposed for adoptioned, disetissio efidentification and analysis of existing environmental site/district subarea conditions, impacts and mitigating measures will serve as agins or-project-level SEPA review, to ' be used as guidance when projects are proposed within the distnct subarea. The purpose of a Planned Action Ordinance is to conduct SEPA review for a number of development alternatives, one of which is determined to be most consistent with the Comprehensive Plan, the DSAP, and any applicable District Subarea Plan This "Preferred Action,"when adopted by City Council, becomes the development blueprint ' for the Distnct Subarea, with SEPA completed for the amount and character of development. Proposals meeting the identified requirements of the Preferred Action are generally exempt from additional SEPA review. ' General actions, which relate to more than one district are discussed below: ■ Continue to support the Kent Downtown Partnership, Kent's Main Street Program non-profit organization, as an agent of Downtown revitalization. ' Assist the Kent Downtown Partnership (KDP) in its efforts to identify and promote community interest and economic health in Downtown. ' ■ Promote Infi11 Housing. To meet the City Kent Comprehensive Plan goals to enhance dewntewa Downtown as a place to live, and to create an attractive, dense mixed-use ' City of Kent Downtown Strategic Action Plan IV-1 Summary of Recommended Actions neighborhood, the City should promote construction of housing units. A mix of , housing types including condominium townhouses, stacked and attached units that ' resemble single-sin le-family design and character, and residential mixed with commercial and office uses are desirable. In order to enable development of multi- family residential units in Downtown, it would be advisable to waive the minimum ' lot size requirement (KCC 15.04.170) for multifamily residential unit development occurring within the DSAP planning area, where many redevelopable lots are not of sufficient size to feasibly develop multi-family residential use, even if so zoned. ■ Encourage the development of at least two hundred (200) units of new market rate housing in Downtown by 2008. t _Consider incentives such as reducing or waivingdevelopment evelopment permit fees for residential construction in Downtown, and extending the existing Downtown multi- ' family residential tax exemption program to include market rate rental housing. Developers of condominiums are challenged by two factors in Downtown— condominium owners are still having difficulty acquiring home insurance and the ' developers do not receive the tax exemption for developing condos in Downtown. Consider also allowing development of buildings with five (5) stories of wood frame construction above a concrete base, consistent with Downtown Commercial ' Enterprise (DCE) zoning ■ Promote the construction of high quality new commercial, office, or mixed_use development and redevelopment. Also encourage the development of a hoteUconference center to serve as an attractor for commercial activity To respond to the potential for additional dew-ntewn Downtown office and ' commercial devleepment-&y lopment identified in the market analysis provide incentives for new development. Mixed-Mixed-use development and a t hotel/conference center will provide a variety of activities and living situations within districts that require ground floor retail uses. In order to be competitive in the , marketplace, new office space in Downtown Kent should provide Class A-type amenities found in other regional centers. "Class A" office space, as described in CB-Richard Ellis Commercial Real Estate quarterly reports, "...have high quality ' standard finishes state of the art systems, exceptional accessibility and a definite market presence." ■ Assist the Kent Downtown Partnership in increasing the variety and vitality of ' businesses located in Downtown. The KDP is leading the effort to attract two (2) new businesses to Downtown each t year while retaining existing businesses, and is also seeking to increase the number of existing retail businesses with evening and weekend operating hours. The , development of office space, a hotel/conference center and market rate housing in Downtown should increase the demand for variety in retail and restaurant choices available throughout the daytime and evening hours. Public comments received City of Kent Downtown Strategic Action Plan IV-2 , Summary of Recommended Actions ' during the 2004 workshops indicate a strong interest in increasing the variety of stores and restaurants in Downtown,with operating hours extending past 5 p.m. On the other hand, many comments were received about reducing the number of second- hand merchandise stores and thrift stores in Downtown. ' Conduct a study of existing parking requirements related to residential and commercial density regulations downtownDowntown. Revise the parking and density standards to improve the balance of on-site and off- site parking areas. Some property owners in Downtown have indicated difficulty ' attracting redevelopment interest due to the maximum of 3 surface parking spaces per 1,000 square feet of commercial space for Downtown Commercial Enterprise (DCE) Zoning This on-site parking requirement for commercial use is intended to encourage the use of on-street parking and the development of structured parking. Residential use has a minimum of one (1) space per dwelling unit, which should be an incentive for inclusion of residential units in commercial developments seeking to address parking needs. ■ Survey the impacts of retail uses such as pawnshops, bail bond offices, day labor ' offices, casinos, adult entertainment businesses, gas stations and tattoo parlors in downtown-Downtown locations in other cities. Restrict or prohibit specific commercial uses in Downtown that are known to generate negative impacts on the larger community. Revise the zoning Zoning cue Code to consider assigning conditional use permit status for such uses to address the results of the survey, if necessary. Certain uses, including pawn shops, bail bond offices, casinos, adult entertainment businesses and tattoo parlors have been observed in other cities in the region to require an increased ' amount of police and social services. Develepable land suitable f r-retail ,,..es is limited, and sa ffle Some plan participants have expressed in the past and present the ' opinion that a proliferation of such uses would not be appropriate. Land available and „table for retail uses s limited and some plan at4i. iAs h., expr-essed the ' Work with social services providers, public safety officers, temporary labor agencies, and educational institutions to address homelessness issues in ' Downtown. Address the causes and consequences of homelessness, and the impacts on community livability. ■ Make Downtown Kent the transportation hub of South King County. Ensure that Sound Transit completes the Phase II Sounder rail service expansion to eighteen (18) train trips daily y 2008. This increase in service will encourage a commensurate increase in connecting bus and shuttle service located in Downtown— City of Kent Downtown Strategic Action Plan IV-3 Summary of Recommended Actions makingliving,iving, working, shopping or dining in Downtown Kent convenient as well as attractive. ■ Add pedestrian and bicycle facilities and bie ele lanes ^f'r-a°'s in a" ,��f dewntommDowntown. , Work with the community and the Bicycle Advisory Board to identify and provide plan the provision of sidewalk improvements,planting strips, traffic calming ' measures, wide curb lanes, trails and pathways. Utilize the Neighborhood Traffic Control Program as appropriate to identify safety-related improvements. The iInterurban Trail provides a regional north/south ' pedestrian/bicycle/equestrian connection. Improved east E vsVwest links into dewntewn owntown will attract commuters, shoppers, students and recreational cyclists. ' • Support flFe-a Performing Arts/Civic Center or a hotel/conference center in a dewiltewff-Downtown location. lnsure-Ensure that activities at in the Urban Center will extend into the evening hours. With facilities for conferences and other events, a civic and performing arts center ' can be an important attraction, extending hours of activity into the night and providing a much-needed location for meetings, events,parties, catering facilities, and educational programs. • Support live performance arts in appropriate public places, and encourage live performance arts in retail and restaurant businesses. ' The City of Kent has sponsored the well-attended Summer Concerts in the Park ' series, often held at Kherson Park at the northwest comer of Gowe Street and 2nd Avenue. Such events draw the community together to enjoy live music during lunch in a family-friendly atmosphere. Encourage the interest of retail and restaurant , business members of the KDP and Kent Chamber of Commerce in providing space for live music, poetryreadings,eadings, and other forms of artistic expression that contribute to the vitality of Downtown. , ■ Ensure high-quality development on designated signature building sites. Work with property owners and developers throughout the development process, offering incentives as appropriate for compliance with the Downtown Design Guidelines. ■ Enhance the City's established public art program. Reinforce Kent's dewartewx-Downtown character and unique traditions through art. Encourage private and public development interests to provide devaA-& 3i-Downtown public art as part of significant projects. City of Kent Downtown Strategic Action Plan IV-4 Summary of Recommended Actions 1 ■ Develop a downtown Downtown street tree/vegetation plan. ' Provide a guide for creating an attractive pedestrian network of green spaces. Augment the Kent Street Tree Program to address the entire deyhitewn--Downtown as defined by this-�the planDSAP. Associate specific types of street tree plantings to specific streets throughout dewntow-aDowntown. Identify sites for enhanced landscaping, focusing on parks, entry, and gateway features. Assign responsibilities ' (public and private) for street tree installation and maintenance. Integrate references to the Street Tree Program into development regulations. ■ Allow underground stormwater detention vaults where appropriate for development sites larger than one acre in Downtown to encourage attractive site development and maximum build-out of revenue-generating land uses. The use of above-ground detention ponds can deter from the attractiveness of Downtown, particularly when the detention ponds are large and poorly landscaped. Such ponds also limit the economic utility of land zoned for much more intensive activities. ■ Adopt street standards for the entire downtown-Downtown study area. ' Currently street improvement requirements are often determined on a case-by-case basis. Facilitate permit review and enhance street character by matching street standards to specific areas dewnteuff-Downtown in order to accentuate the identity of each area. Include requirements for undergroundmg_utilities in order to improve the attractiveness of the visual environment, and to provide more sidewalk space for walking or outdoor seating where appropriate. ■ Enhance gateways into dewntownDowntown. ' Mark entrances to downtewnDowntown from streets, trails and rails, provide artwork and amenities, and direct visitors to special attractions. Where there is very little public land for extensive landscaping, work with property owners to develop "signature buildings"that have high quality building and site design that adds character to the streetscape. A gateway design and installation program is underway in the City following a 1997 design charette. Special attention to the pedestrian and ' visual connection between the Historic Core and North Core(Kent Station,) along Second Avenue will be critical. Improvements along Smith Street to connect the West Frame and East Frame will also be important. ■ Actively promote downtown Downtown historic preservation and commemorate ' historic sites with interpretive signs, art, tours, and educational programs. To implement the program, the City should update the existing inventory of historic ' resources, and develop regulations for historic preservation. The City has made ' City of Kent Downtown Strategic Action Plan IV-5 Summary of Recommended Actions several efforts to develop historic preservation programs. The most recent effort , concluded with a report, An Historic Preservation Program: Recommendations for the Historic Preservation Committee—,December, 1990. The program should be ' revisited, as many Kent residents and businesses have voiced continuing concern and interest in historic preservation, in Downtown and throughout Kent. Collaboration ' with the Greater Kent Historical Society and Kent Downtown Partnership may necessary to clarify the value and potential scope of this action item. ■ Explore specific redevelopment opportunities within target areas. a A pnncipal objective of this plan is to attract appropriate, high-quality development to dewntevvnDowntown. The plan seeks to (1) attract positive development by creating a favorable development setting and(2) direct new development to achieve public objectives such as economic vitality and design quality as well as individual ' private interests. This effort is based on the fact that physical development and land uses that work together to complement one another and that are supported by appropriate facilities are much more successful than disjointed development limited ' by insufficient, unattractive public facilities. The Plan focuses redevelopment in identified areas in several ways. The land use recommendations seek to fine tune the G4y2-s-City of Kent Comprehensive Plan. The transportation recommendations will upgrade connectivity and circulation to and within the devaitewnDowntown. The public facilities improvements will enhance an , already attractive setting. District-specific design guidelines will increase compatibility between uses, reinforce the design quality of the districts, and take advantage of special opportunities. ' [Fig. IV-]:Map—Actions recommended by the Kent Downtown Strategic Action Plan are summarized above. (1998Y B. Outline of Phasing Strategy ' Since the plan is based on projections and changing conditions for the next 20 years,it is clear that all of the actions will not commence immediately. In fact, civic actions ideally will be timed to take advantage of special funding opportunities to trigger or encourage desired development, to respond to emerging market trends, or to integrate related ' activities. The ehai4 titled.....???? Since many of the actions are subject to funding, coordinated with other actions, timed to emerging trends, or triggered by private investment, the periods shown are estimates only. In general, the schedule sets priorities for action based on needs and opportunities. The chart suggests that during the next two years the City should concentrate on important new opportunities associated with current redevelopment, especially the Regional Justice ' City of Kent Downtown Strategic Action Plan IV-6 Summary of Recommended Actions Center and the ent Transit Center. Actions that directly respond to these opportunities: (B 1) the~ode.,+,.:.... ".,,, at the r.mes and Smith iFAe-see4ef; (B2.c) Smith Street improvements, (Cl.b)Burlington Green, Yanghzou, and Kaibara Parks improvements; Gateways at(C2.a) Fourth and James, (C2.f) Central and Meeker, and(C2.e) Central and Smith; (C3.a) the civic and performing arts center; (C3 b)the Kent Public Market, and(C3.c) the historic rail stafiet3 depot structure are recommended for special attention during the next two years. Likewise, land use measures (Al and A2) and design guidelines (D ` are given high priority because they represent low public cost activities the City can take to update zoning a.,d desip g9iidghnes to be ready for impending private development proposals. The redevelopment programs for the Fourth Avenue,histerie-Historic ssreCore District, seath South ser-eCore District, and Central Avenue District target areas could also be initiated during the next t%e few years to spur redevelopment in these areas. Initiating these actions over the next Vwe-few years makes for an ambitious work list and represents the current dynamic times. The actions recommended for implementation in two to five years are generally high- priority activities, but they do not have the immediate urgency of those listed above. The actions scheduled to implement after the first five years generally depend upon decisions outside the City's control, such as the agr-den site dove',,.,,,.,°~+ or-the nog,, nal R�+ the use of incentives for redevelopment of private property consistent with the goals and policies of the Comprehensive Plan, the Downtown Strategic Action Plan, and where applicable, a district subarea development plan. [Fig. IV-2: Table—Phasing of Kent Downtown Strategic Action Plan recommendations. (1998)1 C. Preliminary Capital Project Costs iThe preliminary costs in Figure 1V-3 provide a more realistic foundation for the vision and recommendations of the Downtown Strategic Action Plan DSO. Although the costs were carefully prepared, they are based on preliminary concepts, intended to serve as a general guide. The plan-DSAP spans a period of twenty years of potential new development, redevelopment and mfill in devaite;:+-Downtown Kent. The plaiiDSAP, costs, and infrastructure needs may change and adjust. Each proposed project should be reevaluated in its own time based on specific plans, including district subarea development plans. Please note that the preliminary street improvement costs listed in the chart exceed the cost of plan--DSAP recommendations The cost of full street improvement is included because sidewalk improvements can most economically be accomplished as part of a regularly scheduled street overlay project. City of Kent Downtown Strategic Action Plan IV-7 Summary of Recommended Actions ' Bicycle and pedestrian trails, lanes and paths can be accomplished in a number of ' different ways with widely differing costs. Further study of preferred locations and materials selection would be i6-necessary before cost estimates can be provided. Additional detail regarding the street improvements and gateways is available at the City , of Kent Planning Depa ext Services Office. Additional detail regarding the eemmuteF Kent Transit Center is available from the Gentr-al n,, o+ eetffi —e�; „ , Tfansit A„th fity rSound Transit3 and the City of Kent Planning Depart e Services Office. [Fig. IV-3: Table—Preliminary Capital Cost Estimate (1998Y [Fib. IV 4:Map—Recommended Transportation Improvements (1998)l [Fie. IV-S:Map—Recommended Public Facilities (1998)I [Fie. IV-6:Map—Land Use Recommendations (1998)] City of Kent Downtown Strategic Action Plan IV-8 ' Kent Downtown Districts V. Kent Downtown Districts The planning process identified several dewntewn-Downtown districts with distinct characteristics. It also identified how district redevelopment strategies can be integrated to benefit all districts. The following district descriptions illustrate more clearly how the recommended actions listed in Section III focus on individual districts,but also interconnect throughout dewt3tewnDowntown. The Distrietsdistricts include: • North Frame District • Central Avenue Corridor District • East Frame District • West Frame District • South Core District • North Core District • Historic Core District The plans-Downtown Strategic Action Plan (DSAPI land use recommendations are ' directed toward fine tuning the City's comprehensive planning framework in response to specific redevelopment opportunities and ommunity interests. The transportation recommendations wi14-are intended to upgrade connectivity and circulation to and within the devaitewn-Downtown for additional businesses and residents. The public facilities improvements envisioned in this-the plan-DSAP will enhance an already attractive development setting. Distnct ^peeifi dest., Design guidelines will increase compatibility between uses, reinforce the design quality of the various districts, and take advantage of special opportunities. Within eaek-most districts there are target areas that ment special attention. It is recommended that the City work with property owners and developers to ensure that new development on these properties meets its potential. The formulation of detailed distnct subarea development plans,to be adopted within a number of Planned Action ordinances, could provide specific guidance regarding environmental conditions, development potential, and impacts of such development. Each district is described below with recommended actions and target areas where the City-and,the Kent Downtown Partnership, the Chamber of Commerce,property owners, business owners, and volunteers may take a sustaining role. A. North Frame District Located along the north side of James Street, the North Frame District provides a transition between more intensive uses in the North eer-e Core and the single-family neighborhood to the north. The North Frame d+stFie4-District includes the Commons Rar-kPlayfields, with its ball field.,, and several streets lined with single-family homes. While the overall intent of the p1,an-DSAP is to preserve the peaceful, msulatedsrxgle single-family character of the North Park neighborhood; east of Fourth Avenue,two busy arterial streets -N—. Fourth Avenue and James Street_offer significant challenges to City of Kent Downtown Strategic Action Plan V-1 Kent Downtown Districts preservation of this character. Traffic along these streets, the Regional Justice Center. the Kent Transit Center, and the development of Kent Station to the south intrude on vesidential the desirable qualities associated with single-family residential neighborhoods [Fip. V--]:Map_ The Kent downtown districts. 1998 The Commons Pwk-Pla, fi�brings mixed blessings. While being a much-loved open space and active recreation area that enhances single-family-living conditions in the vicinity, it also draws people and traffic that impact single-family residential uses. Therefore, the}lax-DSAP seeks to create a strong edge of high-quality mixed-use development along the north side of James Street west-elbetween N-.North Few First and Fifth Avenues, transitioning to multi-family residential development primarily along the south side of Cloudy Street. The area is a designated redevelopment target area. Relieving congestion on James Street may be achieved to some measure by connecting Cloudy Street to Fourth Avenue from Third Avenue for pedestrians and vehicles. Upgrading the streets and Commons lark-Pla fields to benefit the local neighborhood and the city at-at-large are also high priority actions. The actions presented below include public improvements, land use zoning, and design guidelines spee fie to the Nortt, F-r-a e Dist iet and supportive of the overall plan. The actions are coordinated specifically to encourage target area redevelopment. Public Improvements —Upgrade Commons ParkPlayfields The Commons Park is an important resource for deva tewnDowntown Kent in many ways. For one thing, it is such an important attraction that shop owners have opened their stores in the evening during baseball season to take advantage of the 1� increased traffic. However, there are numerous problems, including parking, access, drainage, and impacts to neighboring residents. A master plan or distnet subarea development plan should explore a variety of solutions to these problems. Participants in the r,,,,,,,,tewn Plan Downtown Strategic Action Planning process voiced many creative ideas for park improvement. The ideas included: (1) an on-site parking lot that could retain stonnwater in the winter; (2)pedestrian overpasses; (3) use of the Regional Justice Center's parking; (4) incorporating shared parking with redevelopment between N-North Fourth and 1-North Fifth Avenues; and (5) the addition of a play structure. The City will explore the opportunity of shared public parking_arrangements with the Regional Justice Center for evening use of the parking garage located across the street from the Commons Playfields. i —Improve James Street City of Kent Downtown Strategic Action Plan V-2 Kent Downtown Districts T Tlt:.-,.,tel.. well .... 1.e:...... TJames stree�Street••.his an important arterial, ^^ -- and in the future should include improved pedestrian and bicycle routes connecting the Commons Rark-pLayfields and the Interurban Trail to ent Station, the Kent Transit Center, the Regional Justice Center, and schools and businesses in the Central Avenue corridor Long-term planning should encourage bicycle and pedestrian uses. As development and redevelopment occurs, the City should require that James Street have sidewalks at least 12 feet wide bee with landscaping-and sidewalks at least 12 Feet.-.,de T dd't' v t1, /'`'t,. ., d dI pers should consider-the 3mpr-everaents-. Fi . V--2:Map—Proposed elements of the North Frame District(1998)] — Provide Gateway Improvements at Fourth Avenue and James Street: This high traffic intersection close to the Kent Commons and the Regional Justice Center is an important dewntewn Downtown entry point. The unimpr-eved Borden ewned par-king let at the southeast `efne. eeuld be atl- -.,l,.aneell by n e„ nd ..i.,e... gib. . , ... ... - b.o ..J e ..J sign -and pe,a aps eehe some rtl,e build:«g m ter:nls and detailing—. A design team that included members of the business community, an architect, a landscape architect, artists and planners recommended a distinctive crosswalk pavement design and distinguished streetlights. As redevelopment of Kent Station occurs, this intersection will likely see increased pedestrian activity. Pedestnan-oriented design, including safety features, will need to be considered in designingthis his gateway. [Fig- Y--3:Drawings— The suggested concept for Fourth Avenue and James Street. 1998 — Open Cloudy Street to connect Third and Fourth Avenues In order to alleviate traffic congestion along James Street, residents of North Park would be able to exit onto Fourth Avenue. All streets intersecting James Street directly north of Kent Station will be restricted to right-in, nght-out turns onto and off of James Street. The opening of Cloudy Street between Third and Fourth Avenues is already considered a mitigating action for the Kent Station development. —Implement traffic-calming measures on Cloudy Street to reduce vehicular speeds if Neighborhood Traffic Control Program analysis concludes such measures are necessary If findings of any Neighborhood Traffic Control Program (NTCP) study indicate necessity, design for reduced vehicular speeds in the vicinity of the Kiwams Tot Lot applying appropnate traffic-calming measures in order to improve safe vehicular and pedestrian travel behavior. City of Kent Downtown Strategic Action Plan V-3 Kent Downtown Districts Development Target Area Actions —Encourage Office/Residential Mixed-Use Development at the N. Fourth Avenue/N. Fifth "venu^in the First-Fifth Avenues/James-Cloudy Streets Target Area by amending the Comprehensive Plan and Zoning District designations As noted above, the Downtown Strategic Action Plan(DSAP)promotes the conversion of the single-family area between l North FeuF&First and N—.North Fifth Avenues, and between James and Cloudy Streets to include a immix of uses complementary to Kent Station, the Regional Justice Center, and the Kent Transit Center. e€fieeOffice, retail and multifamily residential development would be encouraged along James Street to a depth of approximately 300 feet by designating the area for Downtown Commercial Enterprise (DCE) Zoning-consistent with Kent Station development south of James Street. Further north of the proposed DCE district expansion, to the south side of Cloudy Street, a designation of low-density multi-family residential (LDMF) Comprehensive Plan Land Use would encourage a transition between the intensive mixed-use development along James Street and the single-family residential housing to the north. Extension of low-density multi-family residential zoning to include the five (5) Single-Family Residential-zoned parcels (SR-8)north of Cloudy Street between Fourth and Fifth Avenues would in part reaffirm a Council recommendation to rezone this area as adopted in the 1998 DSAP. Either a Multi-Family Residential-Garden Density(MR- G) Zoning District to allow market rate rental, or a Multi-Family_Residential- Townhouse, 16 units per acre (MR-T16)Zoning District to allow only purchased units would be appropriate. These uses will benefit from proximity to the Commons Playfields and the visibility along Fourth Avenue and James Street. Also, they will be less adversely impacted by the }earl-Commons activity and traffic}-_Figure V-4 illustrates the type of development that is envisioned. JFik, V-4:Drawing- The type of office/residential mixed-use development envisioned for the N. Fourth/Fifth Avenue target area. (1998)1 Design Guidelines Finally, the City should expand the Downtown Design Guidelines area of applicability to include the North Frame District, and administer ais*fi�fiethe design guidelines to ensure that: • Development presents an attractive building face and/or landscaping,particularly to James and Fourth Streets. • Site improvements do not negatively impact existing develgpMfptpre jeets to the north in terms of noise, traffic, air quality, sun/share, or visual intrusion. • Development does not result in houses converted to marginal offices without substantial redevelopment. City of Kent Downtown Strategic Action Plan V-4 Kent Downtown Districts Although on the periphery of the dewnteweDowntown, the North Frame afea-District merits special attention. A master plan for the Commons Rar40la fy ields could begin to address important issues. Redevelopment of the area lard alefig the N. Feti.tlb4Fi_ . ^ventie eefnbetween First and Fifth Avenues north of James Street will provide opportunities for additional housing in a convenient dewntewn-Downtown location near recreation resources and a regional transportation center. It will also provide opportunities for office/housing mixed use or housing near offices. Finally, as one of the devatewr's-Downtown's most important entries, the Fourth and James gateway merits high priority in the proposed gateway enhancement program. /Fig. V-S:Map—North Frame District 20 year vision (1998)] B. Central Avenue Corridor District Central Avenue comprises the aeya Downtown's auto-oriented strip. As such, it provides a setting for auto-onented businesses, convenience stores, large-lot enterprises, and fast food vendors. On the other hand, the ain�t'-SDistnct's collage of billboards and under-maintained structures does not provide an attractive entrance into the j de%%teweDowntown. For this reason, the Downtown Strategic Action Plan identifies the entire Central Avenue Corridor dfstriet-District as a redevelopment target area although there are some solid businesses. The target area and recommendations include Railroad Avenue in relation to the ent Transit Center. Upgrading the corridor will require a two-pronged effort involving public streetscape improvements and incremental private investment. This type of major arterial redevelopment has proven effective in areas such as Lake City Way in Seattle and Central Way in Kirkland. Public Improvements — Upgrade Streetscape Along Central Avenue The width of the street right-of-way width limits the extent of streetscape improvements on Central Avenue. Nevertheless, public and private investment could substantially improve the sidewalks and upgrade the utilities. The high-level transmission lines will undoubtedly remain,but numerous service lines and cable should be placed underground to remove visual clutter Public and private property owners could augment existing street trees with additional plantings on both public and private property. The intersections of Central Avenue with Smith and Meeker Streets represent important entry points into the dewntewnDowntown, and gateways are recommended at these locations Public right-of-way is limited on Central Avenue, as it is with all Downtown streets. The gateways should make use of basic streetscape elements. In 1997, a design charette resulted in a recommendation for special crosswalk designs, signs directing visitors to the Regional Justice Center, the ter fail station Kent Transit Center and the business core. The recommendation included special lighting to call attention to the City of Kent Downtown Strategic Action Plan V-5 Kent Downtown Districts gateways. Participants in the charette included a landscape architect, an artist, an urban designer, devfftewn-Downtown merchants, and City representatives. The phan- Strategic Action Plan recommends upgrading the sidewalks along Meeker and Gowe Streets between First and Kennebeck Avenues with street trees and lighting. Where these streets intersect Central Avenue, the City should emphasize improvements to integrate the corridor with the Downtown core and the ent Transit Center. /Fir V-6:Man—Central Avenue Corridor and West Frame(sic)Districts are illustrated above. (1998)1 Design Guidelines The City should add specific standards to the Downtown Design Guidelines to direct development toward higher quality building and site design. The design guidelines should complement streetscape improvements. For example, while it is desirable to place buildings near the public right-of-way, it may be preferable to set buildings back a few feet to allow wider sidewalks and utility placement. The following issues are some that the guidelines should address..-; • Designate Central Avenue as a Class B pedestrian street from Willis to James Streets to provide a better setting for new development arising from the commuter-fail statie KentTransit Center and core area investment. • Screen parking areas adjacent to the street right-of-way with low shrubs or walls and trees. • When development occurs, set back buildings to allow for at least a 12-foot-wide sidewalk. • Provide a pedestrian link between the public sidewalk and all business entrances, even if parking is in front of the building. • Control existing signs and remove existing billboards over time. • Provide pedestrian-oriented building facades and integrate signs into the architecture. /Fig. V 7:Drawing—Design Issues That New Development Should Address in the Central Avenue District. 0998)J /Fig. V-8: Drawing—Design Issues That Existing Development in the Central Avenue district Should Address. (1998)1 Because Central Avenue is many people's first impression of Downtown appearance and development quality,die-this corridor is important to the whole dewatewi-Downtown image For this reason, corridor improvements should be given City of Kent Downtown Strategic Action Plan V-6 Kent Downtown Districts priority. Successful arterial improvements in other cities in the region have demonstrated that upgrading Central Avenue is possible if the City and property owners work together. Development Target Area Actions —Rezone properties along Central Avenue currently zoned DCE to General Commercial,Mixed-Use Overlay (GC-MU) for purposes of lending requirements regarding conformity of use and zoning Properties adjacent to Central Avenue within the DCE Zoning District have operating businesses that are non-conforming uses, and have non-conforming site characteristics. A rezone would allow for the existing uses to be deemed conforming for the purposes of obtaining financing for improvements. However, the applicant for any redevelopment or use expansion in Downtown, regardless of zoning, is not exempted from Downtown Design Review requirements. fFip V-9:Drawing— Central Avenue as it exists today, (1998)] [Fie, V-10:Drawing—A Visualization ofHow Central Avenue could look. (1998)] [Fig, V-11:Map— Central Avenue Corridor 20 Year Vision (1998)] C. East Frame District Lying immediately east of the Central Avenue corridor, the East Frame District includes a diverse mix of commercial activities interspersed among single and multiple-family residences. Participants at a summer 1996 workshop to identify issues in this district emphasized the need for a more stable residential neighborhood, with access to services and relief from traffic and other impacts. Since the City Resource Center, Senior Center, and Kent MiddleAnner-Eligh School are located in the distnct, it is rich in public services. However, better connections to the downtown-Downtown core would improve access to shopping, professional services, restaurants, and City and County offices. The actions recommended for the East Frame District focus on urban design improvements which could, over time, upgrade the area's livability. The planning team explored traffic revision proposals to reduce through traffic in the dFAnetDistnct, but no workable options were identified. Public Improvements — Construct a Pedestrian Trail Along Mill Creek The proposed trail and landscaping connecting Mill Creek Park and Memorial Park will improve access to open space. City of Kent Downtown Strategic Action Plan V-7 Kent Downtown Districts — Improve Meeker and Gowe Streetscapes Upgrading sidewalks with lighting and landscaping on Meeker and Gowe Streets from First Avenue to Kennebeck Avenue would improve pedestrian conditions in the East Frame. The improvements would connect the First Avenue to Kennebeck Avenue sections to the Historic eere Core and the eemmtitef fail statian a create a more attractive setting. — e Enhance or replace pedestrian bridge over Mill Creek at Temperance Connectivity between the residential neighborhood at the foot of East Hill and the Kent Middle School (formerly Kent Jr. High School), and Downtown destinations including the Kent Transit Center, and Kent Station would be significantly improved by enhancing or replacing the existing pedestrian bridge over Mill Creek at Temperance Street. Aside from ensuring the attractiveness of the improvement, a particularly important consideration would be an increase in the width of this bridge to allow more than one person at a time to comfortably make passage. Ensure also that any improvement to the pedestrian bridge does not adversely impact Mill Creek salmonid habitat. Design Guidelines Design guidelines are recommended to: • Increase compatibility between commercial and residential uses through screening, site design and building bulk regulations or guidelines. • Increase security and safety in the areas by providing lighting and pathways, reducing hazardous areas, and providing visible entries. • Provide useful open space and pedestrian-onented streetscapes. — Consider options for flexibility in general parking standards for Downtown Commercial Enterprise (DCE) Zoning in the East Frame District with the economic development goals of the City The property owners in the East Frame District are not proposing intensive,mixed-use projects—and interest in developingsuch projects in the East Frame is limited at this time. Four(4) options to consider: 1. Allow outright 4.5 surface parking spaces per 1,000 rg oss square feet of commercial floor area: 2. Allow 4.5 surface parking spaces per 1,000 g s.f of commercial floor area, provided that 25% of the overall gross floor area of the project is multi-family residential: 3. No change—the existing 3 surface parking spaces per 1,000g.s.f commercial in the DCE zone is counterbalanced with a minimum of one-and-one half(1.5) parking spaces per multi-family residential unit east of the Burlington Northern tracks (KCC 15 05.070(C)). This City of Kent Downtown Strategic Action Plan V-6 i Kent Downtown Districts could be seen as an incentive to include housing units in commercial development in DCE; 4. Add two (2) year"Sunset Clause" from date of adoption for any DCE parking standards revision to evaluate the effectiveness of the revision. While there are few specific recommendations for the East Frame District in this plan, the City should continue to monitor residential neighborhood conditions and act if special problems or opportunities arise. (Fig. V-12:Map—Proposed Elements of the East Frame District(1998)1 fPije. V-13:Map—East Frame District 20 Year Vision (1998)] r D. West Frame District The area between the Union Pacific Railroad tracks and SR 167 includes a large Metro park-and-ride lot with regional bus service, a skateboard park and sports fields, the remains of a historical residential neighborhood, industrial shops, and vacant lands. The Interurban Regional Bicycle Trail runs north and south through the West Frame di-strietDistnct. In 2005, Metro plans to phase out the Pafk-park-and-and-ride lot located between Smith and James Streets when the Kent Transit CenterCemmuter Rail Statte is ready to accommodate express bus service connections. built,The parking demand from the pafk-park-and-and-ride lot will be served bviate the Kent Transit Center garager^4 Aatie- are& e ^^. However, the area south of Smith Street may experience dynamic redevelopment. A mix of retail, office, and residential uses is consistent with current zoning. 44+is-The Downtown Strategic Action Plan recommends street construction and design guidelines to support development efforts. Public Improvements j —Review Proposal for a New Access Street to West Frame from Willis Street Major redevelopment opportunities in the West Frame Districtse Street will depend on a new street connection northbound through the area from Willis Street. The Washington State Department of Transportation(WSDOT) reviewed an August 2001 ,s ,.,,,..entl,,Feviewing a proposal to upgrade the intersection of the northbound ramp off SR 167, and issued a response in March 2002 indicating denial. If such a north-south route connecting Meeker Street with Willis Street is determined to be feasible in the future, the City should carefully evaluate the economic development benefits andits impacts on the aownlownis-Downtown's traffic system. A traffic signal was placed at the intersection of 74`h Avenue South and Willis Street in 2004 to facilitate westbound turns onto Willis from 74`h Avenue South. City of Kent Downtown Strategic Action Plan V-9 Kent Downtown Districts —Connect Interurban Trail to Core Districts Besides the proposed access, the most important transportation improvements recommended by this plan are bicycle and pedestrian connections from the Interurban Trail eastward along or near James,Meeker, and Willis Streets. The James Street pedestrian connection is especially important because some Commons Park users park at the park-and-ride and then walk to the ball fields. Crossing James Street is often difficult, so providing better parking and access for park users will be an important consideration in the recommended Commons Park Master Plan. Redevelopment Opportunities — Encourage redevelopment of King Countv-Metro Park& Ride lot Kin County-Metro ounty-Metro is marketing for sale an 8 acre portion of the 9.5 acre Lincoln Park &Ride lot located between Smith and James Streets. The entire lot is zoned Downtown Commercial Enterpnse (DCE) Much of the parking is anticipated to shift to the Kent Transit Center garage as most express bus service trips are replaced by Sounder Commuter Rail service trips to Seattle The remaining 1.5 acres will continue to provide one hundred(100) surface parking stalls for the reduced service park and ride. —Encourage redevelopment of the area between State Route 167, the Union-Pacific Railroad, Willis and Meeker Streets The access road and Interurban Trail improvements could be key factors in this redevelopment opportumty. Revising the West Frame District surface parking standards to allow for more surface parking stalls per thousand square feet of commercial gross floor area(see West Frame District Design Guidelines Recommended Actions). Mz V-14:Drawings—Existing view and the view with the proposed improvements along Willis Street near the Union Pacific Railroad tracks. Note the bicycle pedestrian trail connecting downtown to the Interurban Trail,greensward improvements, and new mixed-use residential development along Saar Street. (1998)] Design Guidelines Design guidelines are recommended to ensure that the new development comprises a unified whole with compatible uses, integrated circulation, adequate capital facilities, and attractive amenities. The design guidelines should reflect the type of uses proposed by the property owners. This particular district would also benefit from large site master planning so that project review might involve a phased site master plan concept. A West Frame District Subarea Development Plan, adopted within a Planned Action Ordinance, could accomplish this goal as well — Consider options for flexibility in general parking standards for Downtown Commercial Enterprise (DCE) Zoning in the West Frame District with the economic development goals of the City City of Kent Downtown Strategic Action Plan V-10 Kent Downtown Districts The property owners in the West Frame District are not proposing intensive_, mixed-use projects—and interest in developing such projects in the West Frame is limited at this time. North-south access to this district has long been problematic, especially for vehicular traffic. Four(4)options to consider: 1. Allow outright 4 5 surface parking spaces per 1,000 gross square feet of commercial floor area; 2. Allow 4.5 surface parking spaces per 1,000 g.s f. of commercial floor area, provided that 25% of the overall gross floor area of the project is multi-family residential; 3. No change—the existing 3 surface parking spaces per 1,000 g.s.f commercial in the DCE zone is counterbalanced with a minimum of one (1) parkin space space per multi-family residential unit west of the Burlington Northern tracks (KCC 15.05.070(B)). This could be seen as an incentive to include housing units in commercial development in DCE; 4. Add two (2) year"Sunset Clause" from date of adoption for any parking standards revision to evaluate the effectiveness of the revision. Mz V-15:Man—Proposed elements of the West Frame District are illustrated above. 1( 998)1 fFiz V-16:Map— West Frame District 20 Year Vision (1998)] E. South Core District The area immediately south and west of the Meeker Street setion of the his�Historic cue Core consists mainly of single-family houses, apartments, senior housing, and churches, with some small businesses and an elementary school. The attractive setting includes tree-lined streets and numerous older, but still viable, buildings. Willis Street provides a pleasant greenbelt on the south, and the civic campus and Meeker Street provide the north boundary. The railroads effects both the eastern and western margins, and development along these edges is less substantial. 14eweve, the City proposes. leea4e the eenuaoter-r-ail station south of Gewe Streetwith platfamis all both stiles ef th-e BuAng4en NeAera'Sante Fe failwad traeks The pr-ehmmar-y station area plan calls fe uC s fk ,:th retail en the F. t Ao east f Railroad A d av ur .. j t.,".. uaab ba` `'`b" "a a ay.uaa vu uaa. a.�a vva va.�a vaz�au ati vacs Avenue south of Gewe Street. The Aarrpowntown Strate6c Action Plan encourages residential nixed-mixed-use in this area to help achieve the Comprehensive Plan's housingHousing Element goals,and to provide a built-in market for deunAewx Downtown businesses. The area is already an attractive in-town neighborhood because of good automobile and transit access,public services, and pleasant streets. For this reason, vacant and underdeveloped properties in City of Kent Downtown Strategic Action Plan V-11 I Kent Downtown Districts the entire district, except the BN&SF Railroad corridor, form a mixed-use redevelopment target area. The blocks directly west of the BN&SF Railroad tracks are appropriate for parking and commercial redevelopment. The South Core District could become one of the most attractive in-town neighborhoods in south King County. Looking at the distw4-District map, the South Core District seems to cradle the histerie-Historic Core District commercial area. Similarly, a strong mixed- use residential neighborhood would provide economic support for a more viable dewntewnDowntown. Therefore, the City should assign high priority to the actions recommended for this-the South Core distFietDistrict. The impetus for the recommendations below is to facilitate redevelopment that strengthens this emerging mixed-use neighborhood. Commuter rail connections will make dewntewrrpowntown a regional transportation hub, elevating its role and image in southwest King County. Experience in other communities has shown that such increased visibility can benefit a downtown-Downtown economically if the image presented by the station is positive and the connections throughout the dewntewtrpowntown are clear. Therefore, stimulating the economic and physical vitality of the downtown-Downtown depends on nt-a series of actions to connect the statienKent Transit Center to the businesses, offices, and residences throughout dewntewnDowntown, and impfeving the area surrounding the station. Public Improvements ■ Provide Quality Kent Transit Center Infrastructure The design of the station should complement and enhance the character of the South Core and Historic Core Districts. The station design calls for a platform on each side of the tracks and at least 800 commuter-parking spaces. It also calls for a"kiss and ride"drop off area and eight bus-bays so that both local feeder buses and regional busses can meet the train when it arrives. The plait-Downtown Strategic Action Plan recommends a well-designed, distinctive station to provide downtow-n--Downtown with a strong identity and indicate a commitment to high quality development. ■ Reduce Station-Kent Transit Center Impacts Carefully coordinate rail statio transit center design to reduce the impacts of the intermodal transportation facility on existing and future mixed-use development. Public Works has designed street widening projects to serve the Kent Transit Center on Pioneer Street between Central and Railroad Avenues, and Smith Street between Fourth and Railroad Avenues. ■ Restore the Historic Train Station The historic Burlington Northern station D of located between Gowe and Titus Streets is an expression of Kent's history and character. The City should research opportunities to coordinate with the Burlington Northern/Sante Fe Railroad NSF to restore the station. Recent discussions between the Kent Downtown Partnership City of Kent Downtown Strategic Action Plan V-12 Kent Downtown Districts (KDP) and BNSF have included the possible sale of the Depot for a nominal fee conditional on the building being removed from its current location proximate to the railroad tracks. The Kent Downtown Partnership has considered the potential use of the Depot as a tourist information office and the Greater Kent Historical Society and Museum has expressed interest in the Depot as a history center Citizens at the 2004 workshops were supportive of these types of reuse of the Depot should it become feasible for purchase and relocation. ■ Construct traffic and pedestrian improvements to dow*townDowntown streets as necessary to provide access: DesignDu4ng st.,4ion design, a eemprehensiye analysis of potential trffie and tmnsit e,,r ,,;re,rents diet.,te„e, .. May ,improvements forte Railroad and Central Avenues, and Smith, Meeker, Gowe and Willis Streets Connecting pedestrians living in neighborhoods east of Central Avenue and west of Fourth Avenue with the Downtown Core Districts has been voiced as important. No less important will be the manner in which traffic currently_passing through Downtown is routed in such a way to minimize delays while ensuring pedestrian safety in a pedestrian-fnendly environment throughout Downtown. ■ Improve connecting pedestrian corridors: Improve or install new sidewalks, streetlights, and tree grates along connecting pedestrian corridors. Use the design elements previously selected by the community and installed on First Avenue to establish a consistent pedestrian character throughout the core. j ■ Consider the impacts of the potential Willis Street railroad underpass: The Willis Street and Burlington Northern/Sante Fe underpass and the Willis Street/Union Pacific underpass are two Kent underpasses included in the Seattle project of the Freight Action Strategy(FAST). Member agencies .,re seeking funding within the nevi .,This project is planned for completion during the next five to ten years (2009-2014). ■ Extend Angled Parking Along Saar Street to the Union Pacific Railroad Installing angled parking with vertical curbs and Utters would define the edge of the street and provide public parking. Both these improvements would help attract higher quality development to the area The City could use the additional parking to provide required on-site parking as an incentive to developers. ■ Extend Pedestrian/Bicycle Paths from the Interurban Trail to the Core Connections to the regional trail will provide an amenity for local residents and bring visitors and commuters into the dewntew-nDowntown. [Fig. V-17.Map—Proposed Elements of the South Core District. (1998H City of Kent Downtown Strategic Action Plan V-13 Kent Downtown Districts Design Guidelines The Downtown Design Review Criteria should be refined to address specific issues in the South Core District, including: • Enhancement of the historic character of the core and rehabilitation of historically significant structures. Portions of the South Core District may be eligible for hister-ie Historic diStriet-District status..-; • Maximum compatibility between adjacent uses. Locate buildings to achieve privacy for residents, separate noisy activities and integrate parking • Strong building relationship to the street,with entries visible from the sidewalk.; • Useable open space on site, as required in the Downtown Design Criteria, or require a contribution to acquire new or upgrade existing open space in the neighborhood.; • Reduction of the impact of parking on the streetscape-; • Minimizing the impact of service areas..-; • Unified architectural concept consistent with the character and orientation of surrounding buildings..-; • "Pedestrian scale" in buildings:; • Building massing, details, and articulation to achieve an"architectural scale" consistent with surrounding buildings...1 • Building forms (such as row houses or courtyard apartments), elements(such as roofs,porches, or bay windows), details (such as building trim or decoration), and materials consistent with the surrounding neighborhood..-; • Hardy landscaping to enhance building forms, articulate and enhance open space, and reinforce visual continuity with adjacent sites. Figure V- and Figure V- illustrate design guideline recommendations for this district. [Fig. V-18:Drawing—Architectural details appropriate in the South Frame District. 1( 998)] /Fig. V-19:Drawing— This illustration demonstrates how landscaping can define open space and add texture to a building (1998)l Other Redevelopment Incentives The City should undertake the following actions as the opportunity arises to enhance development opportunities in the South Core District. • Consider designating a historic district and/or historic sites. (See recommendations under Historic Core District.) • Consider a housing demonstration project in this area. • To increase potential for dewRtewnDowntown housing, explore means to reuse older homes more effectively. Several of these old homes are important resources. In the past, this type of housing has been successfully moved, clustered on more appropriate sites, remodeled to provide more than one unit, or adapted to another appropriate use. City of Kent Downtown Strategic Action Plan V-14 ' Kent Downtown Districts • Construct parking on the properties immediately west of the BN&SF Railroad between Willis and Titus Streets. Parking in this location would reduce conflict between railroad operations and existing residences,provide dewntevffDowntown parking and potentially allow redevelopment of the public parking lot at the southwest comer of First Avenue and Titus Street for housing. Reconfiguring First Avenue would add more parking and upgrade the development setting. i (Fie V-20:Man—South Core District 20 Year Vision (1998)1 F. North Core District With the Regional Justice Center, the Kent Public Market, a and xhe-proposed eiviecivic and performing arts center, and a town square par cGiv1c afla per f �:irt ai4s ^e�*�r,the North Core District includes some of the most important new urban development in south King County. These facilities and the future redevelopment potential of the property located between Smith Harrison and James Streets east of S.South Fourth Avenue make the North Core District unique within the region. Because of these dynamic opportunities,the Downtown Strategic Action Plan designates the entire distric+North Core District as a redevelopment area. Some vacant and underdeveloped properties will not redevelop immediately. The North Core District links the Historic Core District and the eomntAerr—Kent Transit Center Fail-�with the Regional Justice Center, Kent Commons, and the neighborhoodre^�ees,north of James Street (North Park). It is especially important that new public and private investment be coordinated to provide improved connections between these activity areas. The recommendations below call for the City to take assertive action to realize the opportunities within the North Core District (Fig. V-21:Map—Proposed elements of the North Core District are illustrated above. 1998 PubliC Improvements — Construct Traffic and Pedestrian Improvements to Downtown Streets as Necessary to Provide Safe, Convenient Connections: Connecting the North Core distnepDistnct with-and the eeffnnerKent Transit Center`ail station south- north of Gewe Smith Street will place new demands on Smith Street. Construct Traffic and Pedestrian Safety Improvements on Smith Street between First Avenue and Central Avenue. New street improvements may include a traffic signal at Railroad Avenue and Smith Street, straightening, a new center through lane on Smith Street,new crosswalks, pedestrian improvements, and directional signs. Citizens have voiced interest in apedestrian bridge across Smith Street between First and Second Avenues—connecting the LibrM with the Kent Transit Center garage The City of Kent Downtown Strategic Action Plan V-15 i Kent Downtown Districts likelihood of such a pedestrian bridge being constructed devends on a number of variables including available right-of-way, funding, traffic flow and safety issues. Improve or install new sidewalks, streetlights, and tree grates along connecting pedestrian corridors to other Downtown districts. Use the design elements previously selected by the community and installed on First Avenue and Meeker Street to establish a consistent pedestrian character throughout the North eereCore District. — Enhance Parks Along the Railroad to Provide Linkages Between the North Core/Station Area and the Historic Core Upgrade Burlington Green, Yanghzou and Kaibara parks as connecting open space and as a kind of gateway. A canopy along the east side of the parks would provide pedestrian protection, serve as outdoor stalls for the Public marketMarket, and visually tie the Sister Cities Parks together. Not only will the parks be an important pedestrian link and open space resource, they will be highly visible to thousands of commuters taking the train from Tacoma to Seattle and be an important part of Kent's image. — Locate a Town Square Park Bear the Smith Street Aleeker- Street spine e#between the North Core and Historic Core Districts A Town Square Park would provide a downtown open space for large public gatherings and performances. It might consist of a small plaza constructed as part of or near the-a civic and performing arts center or hotel and conference center that could expand to accommodate concerts or celebrations by closing ceeond Avenue and the east adjacent streets. Coordinate closely with the ve-c,..V in Afts Center-Committee and other the Kent Downtown Partnership, the Chamber of Commerce, and other interested parties to ensure that the park and eivie and perfennin aAs eente. ,.emplement and enhances the mix of pedestrian-oriented land uses one anetherand connects adjacent Downtown districts. — Support the Kent Public Market as a connecting activity between the Historic eovo Core and the area north of Smith Street: /Fig. V-22:Drawing- The above illustration shows existing conditions along Railroad Avenue. (1998)1 fFiz V-23:Drawing-A canopy along Railroad Avenue will provide pedestrian protection and market space (1998Y ! onstruet Pedestrian "All C..vSS" or- See- able System at the Ce.neF of Ti'..VAh Avenue and Smith StFee The King /"'.., my D e..;, na4 justiee Center-( ) 7.fi...... .,,,. ple„ef:s ai,.1 ;isiters to-dewfl-te'. nDowntown..-ThePTCvan be-a been to the de,%toi i is- inked City of Kent Downtown Strategic Action Plan V-16 j Kent Downtown Districts t theeer-e shops, st ants, and A., "all a fess"pe lest«:.,« eenneetie 0 o u�.xaz¢u wauac seque ee sl'e alli,c'rtemebiles wait, would€6eilitate pedestrian hiikage. 14 is r-eeemmended that the Pubhe Works Depaf4men! explore the feasibility of sueh a desi and the inter-seetten be ttpgfaded with ge4eway landseaping and signs. if an «all » eneourage ofsefamble system is net feasible, then, at a mimmtim, signals ean be sequefle edestn eressing, a p a4ly dt g non peak t,-affie perieds. V-24: Drawing- "All cross"or "scramble"intersection at Fourth and Smith Streets to allow 4-way crossing at a signal sequence. Decorative pavement, canopy or trellis, and enhanced private landscaping are possibilities. (1998)1 Design Guidelines Refinement of the existing design guidelines is recommended to: Ensure quality development in the North Core District, especially along Fourth Avenue and Smith Street. Classify Smith Street between Central and Fourth Avenues and Fourth Avenue between Titus and James Streets as Class A, pedestrian-oriented streets. Ensure that development along these streets addresses the Kent Station$efdex site issues described below. Redevelopment Opportunities The plait-Downtown Strategic Action Plan{DSAP) supports and integrates other development activities, including those described below. — Establish Design Parameters and Review Process for Redevelopment of the Borden-Kent Station Site Because of its large size, central location, and transportation access, the Berden-Kent Station site is one of the premier dewn4ewn-Downtown redevelopment opportunities in south King County. meve,the City should take steps to ensure that when redevelopment occurs, it is carefully coordinated,-_Therefore, it is recommended that the City establish a master plan process for this site, such as a Planned Action, with standards to guide any future redevelopment proposal. The standards should include• • Guidelines for streets and sidewalks..-; • Provision for extension of Second Avenue into the site,(realized as Ramsay)Yays; • A defined, appropriate mix of uses and use intensities:; • Convenient access to transit facilities-.,- City of Kent Downtown Strategic Action Plan V-17 Kent Downtown Districts I • Orientation to adjacent sites.; • Provision of open space and pedestrian amenities..-; • Design guidelines for architectural and site design character:; • Mitigation measures for probable, significant, adverse environmental impacts. — Support residential development in the North Core District: i The North Core District is assuming a more central location and role in deyaAe Downtown activities. Vehicle and pedestrian circulation between activities in the North Core District and the, including the Kent Transit Center , and the adjacent Downtown districts will become increasingly important. For these reasons,the North Core District recommendations merit high priority. Fig, V-25:Drawing—Shown above is the proposed Civic and Performing Arts Center design by the Bum,2ardner Partnership (1998)] — Support a Civic and Performing Arts Center or hotel and conference center in Downtown: A Civic and Performing Arts Center or hotel with facilities for conferences and other events, would be an important attraction to the dewntew-nDowntown, extending hours of activity into the night. It would provide a much-needed location for events, performances, meetings, and educational programs. The center would also be a lively element if pedestrian-oriented uses, such as small shops, newsstands, flower stalls, coffee bars, pedestrian spaces, and/or public artwork, are included along Fourth Avenue and Smith Street. The entry to the site could include a plaza that for outdoor performances and celebrations. [Fig. V-26:Drawing—Architect's drawing of the proposed Kent Public Market building—courtesy of the Kent Downtown Partnership. (1998)] — Support the Kent Public Market 1 The Kent Public Market en nailr-e a Avenue between Meeker-and Smith Streets will adds an-important weekend activity in Downtown. It will aiieher businesses en uailf a Avenue, o,,,,anee the Sister-Cite Pa-ks , rlex and serves as a connecting element between the North Corey ail statien and the Histonc Core Districts To sidewalk with a eanopy east of Sister-Cities Pafks to pfavide a sheltef for eutdoer- stalls i the stwitmer-and pedestrian weather-py-eteetten ., the winter, — Encourne mixed-use development proiects in proximity to the Kent Transit Center Encourage private sector interest in redeveloping or developing vacant or underutilized sites to mixed-use, through incentives such as expedited permit review at no additional City of Kent Downtown Strategic Action Plan V-18 Kent Downtown Districts 1 cost,provided that project designs meet applicable development standards and Downtown Design Review criteria. The Municipal Parking Lot, located between Smith &Harrison Streets, and Fourth and Second Avenues, could provide an excellent opportunity for mixed-use development featuring structured parking. [Fig V-27.Map—North Core District 20 Year Vision 0998)I G. Historic Core District The Historic Core Distnct is the traditional and geographic heart of downtew Downtown Kent, The Historic eere Core contains three discrete retail areas: one along Meeker Street, the community's "main street"; a second, emphasizing restaurants and specialty shops,just to the south and east along First Avenue (also known as the Old Titusville District); and a third, stretching along Railroad Avenue opposite Burlington Green and Yanghzou Parks. All three feature pleasant pedestrian conditions and turn-of- the-century buildings. The distfw+Historic Core District also includes the Kent City Hall/civic campus just south of Gowe Street. The Historic Core District is bordered by the public parking lot and library on the north, the Central Avenue eerrider-Corridor District on the east, and the South Core District mixed-use residential neighborhood ^,..., unto.rail stab, on the south and west. Considerable activity is generated within the Historic Core District by the Regional Justice Center located within 1,000 feet All of these activities will support the Historic Core District economically if they are included in a comprehensive redevelopment strategy. The Downtown Strategic Action Plan(DSAP) addresses the areas immediately surrounding the Historic Core Distnct as well as the dtstRet Distnct itself because of the dynamic redevelopment potential of those areas. The surrounding districts will support the Historic Core District by accommodating residences, transportation facilities,jobs, and improved streetscapes and parks, directly adjacent to the Historic Core Distnet. This strategy builds on the ai�TDistnct's current strengths, including pedestrian-oriented streets, civic attractions, and a variety of activities. Several actions are recommended for the existing Historic Core District that are intended to: • Enhance the historic architectural character and pedestrian amenities..-; • Develop vacant or underutilized sites-,- Visually and physically connect the Historic Core District to the surrounding districts. Mr. V-28:Map—Proposed elements of the Historic Core District. (1998)1 City of Kent Downtown Strategic Action Plan V-19 Kent Downtown Districts t Public Improvements —Make Pedestrian Improvements While the dewntewn-Downtown benefited from recent improvements, including those to Rose Garden Park, First Avenue(Titusville business district), Meeker Street, and Kherson Park, further improvements are recommended to make connections with neighboring districts. Safe and attractive streets between the Kent Transit Centelstation, the King County Regional Justice Center and other offices,businesses and residences throughout devatewn-Downtown will encourage pedestrian use. Pedestrian lighting and street furniture should be installed in the Historic Core District along Fourth Avenue when pedestrian systems are upgraded in the North Core and South Core Districts. As development occurs, 12-foot-wide sidewalks should be required on the east side of South Fourth Avenue. Meeker Street and Gowe Street pedestrian improvements should also be extended eastward from First Avenue to Kennebeck Avenue. — Enhance Gateways The intersection of Fourth Avenue and Meeker Street is identified as a gateway and should be enhanced with special street lighting, signage, distinctive intersection paving, artwork, and/or landscaping The most effective way to upgrade the image of this intersection is additional good quality infill development with corner entries, architectural features, or plazas. — Inform Historic Core property and business owners of the locations and 1 functional lifespan of utilitv facilities, and involve these stakeholders in the planning and coordination of street improvements Several buildings in the Historic Core may require utilities upgrading in order to attract stable businesses. Some buildings of historic age may be required to upgrade connections to the public utility system as it is gpgraded—and without sufficient communication and coordination those on-site upgrades may be a factor that compromises pursuit of historic register status for such buildings. — Plan for eventual undergroundinz of all utilities in the Historic Core to improve the attractiveness of the visual environment and increase available sidewalk space for walking and other appropriate activities Design Guidelines and Historic Preservation Activities Meeker Street and First Avenue retains much of the character of an early twentieth- century small town. Preserving this traditional quality is an important aspect of the community's desire for a "home town"identity. Therefore, revised design guidelines for the Historic Core District should emphasize traditional building forms, materials, and City of Kent Downtown Strategic Action Plan V-20 Kent Downtown Districts details. All of the streets in the Historic Core District are Class A pedestrian-oriented streets according to City design--Downtown Design guidelinesGuidelines. New buildings in the Historic eere Core should adhere to the Downtown Desi Guidelines so that the buildings provide continuous building frontage along the street. In general, exterior remodeling to existing buildings should be directed toward restoring the original character. However, there are some cases where the building is significantly altered or is not historically significant. The City should update the existing inventory of historic commercial buildings and encourage context-sensitive restoration and renovation r-edey�A-in the Historic Core where appropriate. A fagade restoration project was initiated by the Kent Downtown Partnership in 1997. The program should be continued, and should include educational materials that demonstrate restoration techniques that conform with the Landmarks and Historic District Preservation Program. The program could also include low-interest loans and tax abatements to encourage fagade restoration. [FiQ V-30:Drawings—Facade Improvement and In/ill Development Concepts(1998Y [Fiz. V-31:Map— Conceptual Desipn for the Commuter Rail Station (1998)1 Redevelopment Target Areas Because there are several different opportunities in the Historic Core District for the City to encourage private redevelopment, the whole district is identified as a redevelopment target area. One opportunity that merits further exploration is the district's designation as an histeffc—Histonc Landmark drAFietDlstrict. A very different set of opportunities lies east of the BN&SF Railroad corridor. Several properties are underutilized and could be rehabilitated to provide space for start-up businesses if the surrounding streetscape, access, and parking conditions can be upgraded. Recent efforts by the City and the Kent Downtown Partnership have kept the Historic Core District viable. New initiatives should build on this work by focusing on redevelopment opportunities as they arise. Continued infill and connections to the Historic Core District will benefit the downteyffiDowntown as a whole. (Fig. V-32:Map—Historic Core District 20 Year Vision (1998Y City of Kent Downtown Strategic Action Plan V-21 Additional Environmental Information VI. Additional Environmental Information j A. Fact Sheet tDescription of Proposal The City of Kent is supplementing its existing dewatewH-Downtown plan with a Downtown Strategic Action Plan that focuses on future actions and implementation measures. The plan will identify the main features of the City's downtown-Downtown form for the next several decades, including what type of development should occur where and how it should be served. In 1998, the The environmental analysis€eeases focused on the screening of plan alternatives as prepared with contributions by advisory committees, Downtown Stakeholders Task Force, City staff, dew*tewn-Downtown property owners and merchants, and the public at-large. Location of Proposal The Downtown Strategic Action Plan and Integrated Preliminary Final Supplemental Environmental Impact Statement (SEIS) addresses the dewatewn-Downtown area as indicated in Figure III-1, Study Area. The approximate limits of dewr4evnrpowntown Kent are SR 167 on the west, Cloudy and James Streets on the north, Woodford Avenue and Titus Street on the east, and Willis Street/SR 516 on the south. Proponent and Lead Agency City of Kent Planning Depai:teritServices Office 400 West Gowe Street (Mailing Address: 220 Fourth Avenue South) Kent, WA 98032-5895 206�4�90(253) 856-5454 Proposed Implementation Date The Kent Downtown Strategic Action Plan (DSAP) :s sehe led to bewas adopted on iApril 7, 1998. The first update of the DSAP is anticipated to be adopted on ...., 2005. Responsible Official 3ames Hen-isKim Marousek Planning Principal Planner City of Kent Downtown Strategic Action Plan VI-1 Additional Environmental Information City of Kent 400 West Gowe Street (Mailing Address: 220 Fourth Avenue S.) Kent, WA 98032-5895 206'8zvvr859 3390(253) 856-5454 Contact Person Linda PhillipsWilliam D Osborne, Planner City of Kent 400 West Gowe Street (Mailing Address: 220 Fourth Avenue S.) Kent, WA 98032-5895 206,18�390(253) 856-5454 Principal Contributors City of Kent Kent Downtown Partnership MAKERS architecture and urban design BRW, Inc. Property Counselors The Langlow Associates Kent Citizens and Property Owners Draft SETS Issue Date February 4, 1997 Preliminary FSEIS Issue Date May 19, 1997 Final FSEIS Issue Date April 8, 1998 Public Meetings i A public workshop on the proposed plan alternatives and Draft SEIS was held February 5, 1997 at the Kent Commons. Comments on the Draft SEIS were accepted until March 6, 1997. The Kent Planning Department hosted an Open House on May 19 to display current modifications to the plan based on public input and comment. The Kent Land City of Kent Downtown Strategic Action Plan VI-2 Additional Environmental Information ■ Use and Planning Board met April 14 and May 19 to review the plan and preliminary final SEIS. A public hearing was held May 27 and was continued to June 2. The Kent City Council Planning Committee included public comment on August 6, 1997. I Nature and Date of Final Action The adoption of the Kent Downtown Strategic Action Plan is se"�ed anticipated fer dearly in 2005. Type and Timing of Subsequent Environmental Review The programmatic Draft Supplemental Environmental Impact Statement (SEIS), preliminary Final SEIS and subsequent Final SEIS constitute the required environmental j review for the City of Kent Downtown Strategic Action Plan. The Final SEIS will serve to supplement the City of Kent Comprehensive Plan Final SEIS which was issued January 30, 1995. Any subsequent environmental review will occur on a project-by- project basis. The draft and final SEIS seek to adequately address the anticipated impacts of certain types of subsequent implementation actions consistent with the Downtown Strategic Action Plan. In the future, the City may decide to adopt a plapme!-Planned aetion-Action ordinance which meets the requirements of RCW 43.2 1 C.240.2. If such an ordinance is adopted, the City, while reviewing a subsequent project action that is consistent with the recommendations of the Downtown Strategic Action Plan, may determine that the requirements for environmental analysis,protection, and mitigation measures in the City's development regulations and the Kent-Comprehensive Plan provide adequate analysis of and mitigation for the specific adverse environmental impacts of the subsequent project. As a result, project-level development proposals may have a reduced amount of environmental review, if any. Location of SEIS Background Data City of Kent Planning Peps eatServices Office 1 400 West Gowe Street (Mailing Address: 220 Fourth Avenue S.) Kent, WA 98032-5895 206/4� � 3390(253) 856-5454 Cost of a Copy of the Preliminary Final SEIS This document is available for a fifteen dollar fee to interested citizens and groups. Copies may be obtained in person at the above address, or by mail. One copy will be provided to each individual or group upon request. Cdy of Kent Downtown Strategic Action Plan VI-3 Additional Environmental Information B. Executive Summary Alternatives and Selection Process During November and December of 1996, the consulting team formulated three alternatives. The alternatives were based on the issues identified in public meetings,the environmental and technical analysis, and the redevelopment options outlined in the market report. All three alternatives were consistent with, and refinements of, the 1 adopted Comprehensive Plan. Community members evaluated and commented on the alternatives at public meetings in January. The City published a Draft Supplementary EIS (DSEIS) in February of 1997 evaluating the environmental impacts of the alternatives. Additional public meetings were conducted in February and March to review the DSEIS and to discuss the components of a preferred alternative with citizens. The three alternatives were: — Alternative I Alternative 1 described growth and development devaAevRi-Downtown with limited guidance. It emphasized current trends, such as capturing business from motorists, enhancing the historic core, and encouraging commercial development on Central Avenue. It recommended maintaining existing zoning, improving streetscapes, and improving access to all sections of dewntewnDowntown. This alternative proposed a commuter rail station at Smith Street with a Smith Street railroad underpass. — Alternative 2 Alternative 2 focused on attracting regional trade based on further development of the compact historic commercial/civic core of deewnDowntown. It emphasized encouraging investors to assemble land, identifying redevelopable sites, and increasing park and street improvements. This alternative described a master plan process to develop the existing industrial property between Smith and James Streets east of S. Fourth Avenue. It also described commercial redevelopment of the north side of James Street. It proposed locating the proposed commuter rail station between Gowe and Meeker Streets and closing Gowe Street to vehicle traffic at the railroad grade. This alternative included railroad underpasses at James and Willis Streets. — Alternative 3 Alternative 3 focused on attracting regional trade based on a business/hotel/performing arts complex located in the north area of dewntownDowntown. It proposed relocation of the industrial use located on the Borden site. The relocation would be followed by a dramatic redevelopment of the property as an active link between the historic commercial core and the King County Regional Justice Center. This alternative suggested expansion of Second Avenue as a visual and pedestrian link to the historic commercial core It placed the rail station between Smith and James Streets. James and Willis Streets railroad underpasses were also part of this alternative. City of Kent Downtown Strategic Action Plan VI-4 ' Additional Environmental Information The Downtown Strategic Action Plan Draft Supplemental Environmental Impact Statement contains complete descriptions,maps, and analysis of all three alternatives. The Preferred Alternative and the Recommendation IProcess The preferred alternative is presented as the Kent Downtown Strategic Action Plan in 1 Part I of this document The actions recommended in the Downtown Strategic Action Plan are generally based on the concepts expressed in Alternative 2. i During the Land Use and Planning Board and City Council review of the preliminary ■ FSEIS, which contained a recommendation for the alternative 3 (north), rather than the alternative 2 (south) rail station location,more citizens testified in favor of the alternative 2 commuter rail station location (south site) than in favor of the alternative 3 location (north site). Business owners from both the north and south sites did not approve of relocation proposals. Retail business owners located east of the railroad right-of-way believed that rail station activity would generate additional business, others viewed businesses east of Railroad Avenue and south of Gowe Street as urban blight, to be replaced by a parking garage. Relative costs and vehicle and pedestrian circulation were debated. The City Council voted to recommend alternative 2 (the south site) and passed a resolution to approve the plan with the alternative 2 (south) station site in a location south of Gowe Street. The recommendations made by The Land Use and Planning Board, the City Council Planning Committee, the City Council Committee of the Whole, and the final City Council approval action items have been incorporated in the plan. The recommendations and actions include: Land Use and Planning Board Recommendations 1( 998) 1. Additional study of the north and south depot locations. 2. Do not revise the Comprehensive Plan and zoning designation of the north edge of the North Park neighborhood east of James Street from single family residential to limited office/mixed use multifamily residential overlay. 3. Eliminate the Commons Park parking as shown on the Plan maps and recommend angled parking with a wider and improved Fifth Avenue. Locate the angled parking on the west side of Fifth Avenue next to the Park. 4. Study the parking for the park on Meeker near Union Pacific railroad. 5. Develop realistic costs in relation to the Plan. 6. Consider an additional Gateway location at Central and SR-167. ' City of Kent Downtown Strategic Action Plan VI-5 Additional Environmental Information 7. Add a safe place for a drop-off/pick-up location at Commons Rar-kPjayfields. This should be located on Fifth Avenue within the angled parking. 8. Study traffic patterns in the North Park area to consider safety and access. These recommendations were carried out and/or incorporated in the plan, and referred to the City Council for final action The Commons Park recommendations were incorporated in an action to provide a master plan for the park. City Council final Action 1( 998): 1. Change the plan sections that refer to the Performing Arts/Civic Center located in a specific location to a general location dewntewnDowntown. 2. Include additional support for bicycle lanes and paths. 3. Include additional support for historic preservation and commemoration. 4. 1fisufe-Ensure pedestrian and bicycle safety on the recommended trail linking Mill Creek Park with Kent Memorial Park. 5. Extend the Office/mixed use multifamily residential overlay that is recommended between Fourth and Fifth Avenues north of James Street and south of Cloudy Street north beyond Cloudy Street to the edge of the existing multi-family zone. , 6. Refer only to a south commuter rail station location in the final plan document. The above recommendations aFe-were incorporated with the plan as adopted in 1998 Incorporation of the Update Process & Recommendations As the Downtown Strategic Action Plan (DSAP) is updated, as in 2004, additional recommendations may be considered, and some recommendations previously adopted may be deemed completed or may be removed. Text may be revised to reflect changin conditions, and amendments to the goals,policies and recommended actions of the , DSAP, and any consequent map designation changes may be proposed as part of the annual Comprehensive Plan Amendment process (KCC Chapter 12.02). Additional Environmental Analysis City of Kent Downtown Strategic Action Plan VI-6 Additional Environmental Information The environmental impacts of adopting and implementing the Kent Downtown Strategic Action Plan were identified and analyzed in the DSEIS and the Preliminary FSEIS. Since May 19, 1997, when the Preliminary FSEIS was issued, the City has received additional traffic and commuter rail station environmental mfonnation that is summarized below. In December, 1997, the Regional Transit Authority(Sound Transit) issued a Kent dewntewprpowntown related document, the Tacoma to Seattle Commuter Rail Draft Environmental Analysis and the Technical Report in Support of Environmental Assessment. The environmental assessment includes proposed mitigation for traffic impacts during peak park-and-ride trips, including turn lanes in several locations, and signalization on Railroad Avenue. It includes assessments of potential impacts to socioeconomic factors, transportation, noise and vibration,hazardous materials, biological resources/ecology, historical, park, and recreation resources, archaeological and cultural resources, visual quality, safety and security, air quality, water quality, hydrology, and earth. ' Both documents, incorporated with this EIS by reference, are available for public review in the City of Kent Planning Department. A later assessment of 2010 PM Peak Transit Station Traffic Impacts, dated January 20, 1998, by HT Associates, a transportation consulting firm, is also incorporated by 1 reference. It is available for public review in the City of Kent Planning Department. The findings stated: "The impacts of traffic at either location are rather subtle...There would be a slight,but perceptible, degradation of intersection LOS in the CBD by station traffic at either location. However, the even more subtle differences in impact between the two locations probably cannot be regarded as significant, in light of the travel models inherent limits of precision. This is not to say that there would be no difference — rather, that it is below the model's significance threshold. In September 2000, the Commuter Rail Station Area Study(CRSAS) was published with the intention of supplementing the Comprehensive Plan and DSAP, providing a framework for economic policies, redevelopment opportunities, land uses and streetseVe improvements in the vicinity of the Regional Transit Authority(RTA)-selected Kent Transit Center(formerly known as Sounder Commuter Rail &Bus Station) site, located I along the Burlington Northern Sante Fe Railroad tracks between Smith and James Streets. A traffic study was completed as part of the CRSAS. The CRSAS is incorporated by reference into this EIS. ' In July 2002, the City Council adopted the Kent Station Planned Action Supplemental Environmental Impact Statement (Kent Station SEIS), which established a range of environmental impact thresholds for the redevelopment of the site formerly occupied by the Borden Chemical Company, and the City municipal parking lots located between Smith and Harrison Streets. A number of impact studies were completed during the SEIS process. The Kent Station SEIS is incorporated by reference into this EIS. City of Kent Downtown Strategic Action Plan VI-7 Additional Environmental Information In October 2003 the City Council adopted the Economic Development Strategic which includes implementation actions for Downtown Kent. This document is incorporated by reference into this EIS. Environmental Impacts and Mitigation The DSEIS contains environmental analysis of the environmental impacts three proposed alternatives and recommended impact mitigation measures. The actions proposed in the preferred alternative, together with an analysis of preliminary project related environmental impacts and recommended mitigation measures were discussed in the Preliminary FSEIS The project related analysis and recommended mitigation measures were discussed in the Preliminary FSEIS should be considered advisory — used as a guide as projects are initiated. If the City adopts a Planned Action ordinance in the future, some of the recommended actions are potentially eligible for a reduced amount of environmental review, if any. Those actions, impacts and mitigation measures are listed below. Proposed planned actions are discussed below: Land Use Rezone-Amending the Comprehensive Plan and Zoning District Map , designations for the SF-8 area between Fourth First Avenue N. and Fifth Avenue N. along James Street north to Cloudy Street, and five (5) parcels north of Cloudy Street between Fourth and Fifth Avenues N.; and to extend the Downtown Design Review Area to include all of the Downtown Strategic Action Plan Districts Discussion: Revise the Comprehensive Plan map and adopt a new zoning designation for the area between F&�First Avenue N. and Fifth Avenue N.,north of James Street to Cloudy Street Revise-For the area extending three hundred feet (300') north from James Street between First and Fifth Avenues, revise the existing Comprehensive Plan Map designation,NSF-8 (Single Family residential, 8 dwelling units maximum per acre)to Ce�RlUrban Center WC). The zoning eede-district designation shall a4le . limite Ffive development, and inelu de f si den4i l ode„ele,.me«+ .. ...bi e.d With eF4;..e ,develepme + as a ndition l • ^ebe changed to Downtown Commercial Enterprise (DCE), consistent with the adjacent zoning along the south side of James. T..... site develepment guide" Apply Downtown Design Guidelines to ensure high-quality, substantial development. e�cee�ense City of Kent Downtown Strategic Action Plan VI-8 Additional Environmental Information GurFe Revise,' Pe._.� ttyes $}eeg ling and iwould -.be _..hibite 7 _a 1 cat v�a�a 5 fe2t vedurce to 10 feet t,.14L to For the area between First and Fifth Avenues, and between Cloudy Street and the proposed DCE zone north of James Street, change the Comprehensive Plan Map designation from SF-8 to Low Density Multi-family Residential (LDMF) to provide a buffer between the residential neighborhood north of Cloudy and the mixed-use development along James Street Between Fourth and Fifth Avenues, extend low-density 1 multi-family residential designations north of Cloudy Street to include the five (5) SF- 8/SR-8 designated parcels immediately south of the existing adjacent LDMF/MR-G district along the west side of Fourth Avenue Change the zoning district designation to either Multi-Family Residential, Townhouse 16 units per acre (MR-T16), or Multi- Family Residential Garden Density(MR-G), which also allows 16 units per acre—the only difference is whether units are owner-occupied or rented. Notably, condormmum r insurance problems still exist statewide, and the City of Kent Downtown Multi-Family Residential Development Tax Exemption applies at this time only to owner-occupied units. Developers therefore have at least two reasons not to develop condominium units in Kent. Environmental Impact Evaluation: r • The proposed Comprehensive Plan Land Use Map and Zoning District MapC�e revisions if adopted will result in the eventuala conversionlese of single family housing units within the area of change—to a mix of multi-family residential and commercial uses. • The proposed bulk and scale of^FFeaLreside tia mixed-use development as well as the placement of buildings on the site may create impacts to homes in the existing MR=G, Garden low density multifamily residential district, although MR-G or MR- T16 zoning is proposed for extension south of Cloudy from the original 1998 proposal. • r • Replacement of single family homes with^' ee/fesidentia a mix of uses will eliminate the private open space created by the typical single family yard. However, because of the potential increase in population in the area, the need for open space may increase. Multifamily residential development would restore some of the open space in more concentrated areas r City of Kent Downtown Strategic Action Plan VI-9 Additional Environmental Information • During the weekday peak hours, office uses will create additional traffic and turning movements onto Fourth Avenue N. • The increased intensity of mixed-use development allowed for an estimated 8.4 acres under Downtown Commercial Enterprise(DCE) Zoningdensity of e ffi^e Hse and inereased..os.aepAial density will result in approximately four hundred-ten (410)ereate additional peak hour trips above the number of trips anticipated for Single-Family Residential Eight Units er Acre SR-8 Zonin I • The increased intensity of development allowed under low density multi-family residential zoning for an estimated 10.6 acres (either MR-G or MR-T16 —each with a maximum of sixteen 06)units per acre)will result in approximately eighty-one(81) additional PM peak hour trips to and from the Kent Valley. • O(flee/fe.ideni,^' Mixed-use development will increase the area surfaced with impervious surfaces. • An increased number of occupants will work and live in the proposed rezone area. Due to the proximity of jobs, services, shopping, and recreation,pedestrian activity will increase. • The soil in the proposed rezone area may not support multi-story buildings on conventional foundations. Mitigation Measures: • Ensure that the new zoning designation permits adequate housing to replace the existing housing units as development occurs. DCE zoning encourages inclusion of residential units, and MR-T16 or MR-G both provides for appropnate development of housing close to the Downtown Core. • t�de»t-Incorporate the North Frame District into the Downtown des}grt guidellnesDesign Review Area, and recognize the specific te-context north of the proposed rezone area, to ensure high quality, substantial effiee/_eside *,^'mixed-use and multi-family residential development compatible with the adjacent residential neighborhood. • To make better use of existing open space, improve Commons ParkPla fields, located ' directly west of the recommended rezone area,by instituting a master plan based on neighborhood involvement and participation. • Prior to issuance of development permits,the owner and/or developer shall construct street and vehicle access improvements consistent with the adopted City of Kent Construction Standards or as modified and approved by the Public Works Director. • The developer shall provide a traffic impact study (see page 20). City of Kent Downtown Strategic Action Plan VI-10 Additional Environmental Information 1 I • The developer shall construct stormwater facilities consistent with City of Kent Construction Standards and source control best management practices, or as modified and approved by the Public Works Director. ' • Construct pedestrian improvements as set forth in Section V of this plan. • If required by the building official,prior to or in conjunction with a building permit application, submit a soils report stamped by a licensed geotechnical engineer. The soils report must identify soil classification, bearing qualities and include foundation recommendations. Responsibilities: 1 • The City of Kent Planning Services Office is responsible for revising-amending the Comprehensive Plan and Zoning District designation maps�g,pursuant to the legislative review process before the Land Use and Planning Board, which then forwards a recommendation through the Mayor to the City Council for final action. The City also is responsible for developing new design guidelines and the Parks Master Plan. • The property owners and/or the developer proponents are responsible for on and off- site analysis, corridor mitigation, public facilities and other improvements. Rezone the Downtown Commercial Enterprise (DCE) area located between Smith and Gowe Streets at one parcel depth on either side of Central Avenue, to General Commercial, Mixed-Use Overlay (GC-MU) Discussion: Revise the Zoning Districts map designation for the area between Smith and Gowe Streets at one parcel depth on either side of Central Avenue, to General Commercial, Mixed-Use Overlay(GC-MU) Continue to apply Downtown Design Guidelines to ensure high-quality, substantial development that respects and improves pedestrian connectivity to Core Downtown districts. Environmental Impact Evaluation: • In the short-tenn, Central Avenue may continue to provide a visual, noise, and physical health (concentrated pollution)bamer for pedestnans seeking access to and from the Core Downtown districts. • Ingress and egress from small parcels with auto-oriented commercial uses onto ' Central Avenue will continue to be problematic for pedestrians and other vehicles Mitigation Measures: City of Kent Downtown Strategic Action Plan VI-11 Additional Environmental Information • Ensure that permit applications for GC and GC-MU zoned properties within , Downtown are subiect to Downtown Design Review. • Ensure that pedestrian amenities are included as part of Central Avenue street ' improvements. Responsibility: • The Planning Services Office is responsible for area-wide rezone proposals that are ' presented to the Land Use and Planning Board as part of the legislative review process. The Land Use and Planning Board then forwards a recommendation through the Mayor to the City Council for final action.. Develop Master planning requirements to apply to any redevelopment proposal for the Border�Kent Station Site Discussion: Because of its central location and large area, the former Borden industrial property(Kent Station resents a great future opportunity for mixed-use (office, retail and residential) development. rr weve the owners have re inunedi,4e plans to .eleeate, redevelop the site. rF i !he f.tu a the ewner-s of t a Borden site pr-epese ., ede..:.-„na4ion to alle.,r p}an-:The City of Kent purchased the property in 2001, adopted a Planned Action Environmental Impact Statement (Kent Station SEIS) detailing a range of development uses and intensities and anticipated probable, adverse, significant impacts. The City is currently reviewing site development permit applications under a Master Planned Development Agreement. The plan-MPD A�e is consistent with the recommendations of the Downtown Strategic Action Plan. Environmental Impacts: • No adverse environmental impacts are expected to result from this action. The master plan requirements should result in an improved development proposal consistent with the City's adopted plans. Mitigation Measures: • None are required. Responsibility: • The Kent Planning Depai neat Services Office would be responsible for developing the master plan requirements and submitting it to City Council for action. Promote infill housing — encourage the development of at least two hundred (200) units of new market rate housing in Downtown by 2008 City of Kent Downtown Strategic Action Plan VI-12 , i Additional Environmental Information r Discussion: In order to meet the Comprehensive Plan's intent to enhance the downtewfiDowntown as a place to live, the City should promote the construction of new urban-style mfill housing. Housing types should include condominium townhouses, stacked and attached units that resemble single-family design and character, and residential mixed with commercial and office uses. Consider using incentives such as reducing or waiving development permit fees for residential construction in Downtown, and extending the existing Downtown multi-family residential tax exemption program to include market rate rental housing. Developers of condominiums are challenged by two factors in Downtown—condominium owners are still having difficulty acquiring home insurance and the developers do not receive the tax exemption for developing condos in Downtown. Consider also allowingdevelopment of buildings with five (5) stories of wood frame construction above a concrete base. Environmental Impact Evaluation: • Development of additional residential units will increase the need for open space. • The bulk and scale of residential development as well as the placement of buildings on the site, may create impacts to-for adjacent homes and/or businesses. • During the weekday peak hours,residential uses will create additional traffic and turning movements onto adjacent streets. • The increased residential density will create additional peak hour trips to and from the Kent Valley. • Residential development will increase the area surfaced with impervious surfaces. • An increased number of occupants will live in downtown. Due to the proximity of jobs, services, shopping, and recreation, pedestrian activity will increase. • The soil in the specific site may not support multi-story buildings on conventional Ifoundations. • Recent development of high-density multifamily residential uses appears to have created a demand for parking beyond what is required by code. Mitigation Measures: • As residential units increase downtown, assess the amount of available park and recreation facilities in relation to the number of households • Adopt design guidelines, specific to the individual districts, to ensure high-quality, substantial residential development. City of Kent Downtown Strategic Action Plan VI-13 Additional Environmental Information • Construct street and vehicle access improvements consistent with the adopted City of Kent Construction Standards or as modified and approved by the Public Works , Director. • The developer shall provide a traffic impact study(see page VI-20?) • Construct storm water facilities consistent with the City of Kent Construction Standards and source control best management practices, or as revised and approved , by the Public Works Director. • Construct pedestrian improvements as set forth in Section V of this plan. • If required by the building official, prior to or in conjunction with a building permit application, submit a soils report stamped by a licensed geotechmcal engineer. The soils report must identify soil classification, bearing qualities and include foundation recommendations. • The City should conduct a study of the relationship of on-site and off-site parking and residential density to determine whether existing parking requirements are adequate to provide sufficient on-site parking. , Responsibilities: • The City is responsible for design guidelines, park master planning and zoning code analysis. • The property owner and/or developer is responsible for required on- and off-site analysis,public facilities, and other improvements. Ashen A5! Promote the construction of high quality new commercial, office, or mixed use development and redevelopment. Also encourage the development of a hotellconference center to serve as an attractor for commercial activity Discussion: To respond to the potential for additional doh-Downtown office and commercial development identified in the market analysis the City should encourage the construction of commercial, office, and mixed-use developments within owntown, provide a variety of living situations within districts that require ground floor retail uses, as well as hotel and conference space for business-industry meetings. Environmental Impact Evaluation: • Development of mixed-use development that includes residential units will increase the need for open space. City of Kent Downtown Strategic Action Plan VI-14 Additional Environmental Information • The proposed bulk and scale of commercial, office or mixed-use, development as well as the placement of buildings on the site, may create impacts to adjacent homes and/or businesses. 1 • During the weekday peak hours, commercial, office or mixed-use uses will create additional traffic and turning movements onto adjacent streets. ' • The increased commercial, office or mixed-use density will create additional peak hour trips to and from the Kent Valley. 1 • Commercial, office or mixed-use development will increase the area surfaced with impervious surfaces. ' • An increased number of occupants will work and live in the deAmtewpDowntown. Due to the proximity of jobs, services, shopping, and recreation, pedestrian activity will increase. 1 The soil in the specific site may not support multi-story buildings on conventional foundations. Mitigation Measures: • As the number of residential units within mixed-use development increases in downtew Downtown, assess the amount of available park and recreation facilities in relation to the number of households. • Adopt design guidelines, specific to the proposed area, to ensure high-quality, substantial office, commercial, and mixed-use residential development. The guidelines should require development that is compatible with adjacent uses and that maintains the pedestrian quality of t w*Downtown. • Prior to issuance of development permits, the owner and/or developer shall construct street and vehicle access improvements consistent with the adopted City of Kent Construction Standards or as modified and approved by the Public Works Director. • The developer shall provide a traffic impact study(see page VI-20?). • The developer shall construct storm water facilities consistent with City of Kent Construction Standards and source control best management practices, or as revised and approved by the Public Works Director. I • Construct pedestrian improvements as set forth in Section V of this plan. • If required by the building official, prior to or in conjunction with a building permit application, the developer shall submit a soils report stamped by a licensed geotechnical engineer. The soils report must identify soil classification, bearing qualities and include foundation recommendations. City of Kent Downtown Strategic Action Plan VI-15 Additional Environmental Information Responsibilities: • The City is responsible for park master planning and design guidelines. Public Facilities , Masterplan the Commons PaAPla fields. ' Discussion: Masterplan and improve the Commons Pal=kPlayfields. The Commons Peik-PIa elds is t are an important resource for dewf4ewn-Downtown Kent in many ways. A master plan should explore a variety of solutions to parking, access, restrooms, seating, drainage, and ' traffic problems, as well as the potential for more efficient use. Environmental Impact Evaluation: • Currently the Commons Ptark-Playfields typically hosts six softball games or nine soccer games at one time. It hosts assorted other activities when soccer is not under way. The high rate of„t:lizatio f ball fields i pai4ly dt a to the laek of phys teal held of this,-size.-Master planning the park to add physical support facilities, such as restrooms and bleachers may result in less space available for active and passive ' recreation. • The increase in facilities may result in an increased need for on-site or off-site parking. The addition of parking on site would reduce the open space usable for recreation,but would create safer access to the park. • Automobiles entering and exiting a Commons Nw4&Playfields parking area entrance wouldeetrld create increased traffic congestion. • The increased park usage may create additional peak hour trips to and from the Kent Valley. • The development of a parking lot, restroom,bleachers, or paved paths would result in increased impervious surface. • Increased park usage and traffic circulation may result in adverse impacts to pedestrian safety. • The soil in the specific site may not support buildings on conventional foundations. • The use of the park at night and required lighting wouldeeuld create adverse light ' impacts to adjacent areas if not installed and managed carefully. City of Kent Downtown Strategic Action Plan VI-16 IAdditional Environmental Information Mitigation Measures: • If needed, develop additional play fields in other areas in the City. • Review available parking for Commons IAFPlayfields use..-. Consider restricting the number of parking spaces provided on site to drop off, loading, and handicapped spaces. ' • Construct street and vehicle access improvements consistent with the adopted City of Kent Construction Standards or as modified and approved by the Public Works Director. • The developer shall provide storm water facilities consistent with the City of Kent Construction Standards and source control best management practices, or as revised and approved by the Public Works Director. • Investigate ways to construct safe pedestrian crossings between the Commons Park 1 Playfields and the RJC parking lot. • If a building is constructed, prior to or in conjunction with application, submit a soils report stamped by a licensed geotechnical engineer. The soils report must identify soil classification, bearing qualities and include foundation recommendations. • Shield lights so that off-site impacts are minimized. Schedule events in order to minimize night time use and restrict night time hours. Responsibility: • The City shall masterplan the park and mitigate redevelopment, if any. i Site a Town Square Park in the area between Smith Street and Meeker Street to provide a downtown Downtown open space for large public gatherings. Discussion: A Town Square is a traditional community gathering place. It should be large enough to hold community celebrations, performances, and ceremonies. It should be located near civic and historic places shared by the community. Environmental Impacts: No adverse environmental impacts are expected to result from this action. The Town Square will provide a safe, well-organized space for public gatherings. ' Mitigation Measures: None are required. City of Kent Downtown Strategic Action Plan VI.17 Additional Environmental Information Responsibilities: • The City shall be responsible for identifying appropriate sites,working with land owners, master planning and developing the facility. Masterplan Burlington Green, Kaibara, Rosebed and other parks along the t railroad to enhance open space and park facilities and strengthen connections between the Kent Transit ' Center and the core. Discussion: Enhance parks along the railroad to provide linkages between the station and the core. A canopy along the east side of the Burlington Northern/Yanghzou Pearks would provide a pedestrian protection, serve as eti4dea-stalls for-the mar4et and visually tie the Sister Cities Parks together. The expansion of the General Commercial (GC) Zoning District on Central Avenue parallel to these parks may have long-term impact on the attractiveness of using these parks. Environmental Impacts: No adverse environmental impacts are expected to result from this action. The plan should result in improved pedestrian connections. Mitigation Measures: , • None are required. Responsibility: • The City shall be responsible for master planning and developing the facility improvements. • The City or, in some instances, a property owner and/or developer may be responsible for construction of the improvements. • Owners and/or developers whose buildings occupied portions of dewnteA Downtown gateways would be responsible for incorporating building designs compatible with the gateway. Support development of a Civic and Performing Arts Center or a hotel and conference center. Discussion: Support a civic and performing arts center between N fee of and Smith S4eets n eivie and per f ai4s eepAe.. a4!his 1,....,4ei „r a hotel with facilities for conferences and other events, would be an important attraction to the a, •...,*ewnDowntown, extending City of Kent Downtown Strategic Action Plan VI-18 Additional Environmental Information Ihours of activity into the night. It would provide a much-needed location for meetings, events,parties, catering facilities, and educational programs. Environmental Impact Evaluation: ' • T4,4--A Civic/Performing Arts Center, or hotel and conference center may be able to use space presently providing parking—At least in the interim. ' • Before and after the performance hours,patrons aces-will create additional traffic. • the A preHesed-Civic and Performing Arts Center or hotel and conference center willi�y create additional peak trips to and from the Kent Valley. • fle A efepesed-Civic and Performance Arts Center, or a hotel and conference center could increase in area surfaced with impervious surfaces. • The patrons attending events at the-p�a Civic and Performing Arts Center and 1 persons using the additional retail and retail service shops will increase pedestrian activity in the surrounding area. ' • The soil in the specific site may not support multi-story buildings on conventional foundations. ' Mitigation Measures: • Allow joint use of Civic and Performing Arts Center, or hotel and conference center 1 parking for public parking. • Construct street and vehicle access improvements consistent with the adopted City of Kent Construction Standards or as modified and approved by the Public Works Director. ' • The developer shall provide a traffic impact study(see page VI-20?) • Construct stormwater facilities consistent with the City of Kent Construction 1 • Standards and source control best management practices, or as revised and approved by the Public Works Director. • Construct pedestrian improvements as set forth in Section V. of this plan. • If required by the building official,prior to or in conjunction with a building permit application, submit a soils report stamped by a licensed geotechnical engineer The soils report must identify soil classification, bearing qualities and include foundation recommendations. Responsibilities: City of Kent Downtown Strategic Action Plan VI-19 Additional Environmental Information 1 44ie-A Civic and Performing Arts Center, or hotel and conference center developer would be responsible for conducting the necessary studies and implementing the required mitigation. Support development of-the Public Market: ' as needed between Smith and 14a riVn-Vn Street ♦\e Include angled parking and to limit tFaffiG to one way.- Discussion: The Kent Public Market has been a successful community attraction in s-its present location between Smith and Harrison Streets. Mn,.het.. :., other-raves have e e.,ted va fie y of goods and yiee. The City can take several actions to support this important , activity, including spaee i the Sister Cities P..AEs discussing with the Lions Club and other sponsors how to , increase the viability of the Public Market. Future relocation or restructuringof f the Public Market may become necessary to meet the mixed use development goals of the City for this area. Environmental Impact Evaluation: • Development of the market will create an additional demand for parking.ene , .het., een S.,-.:th and Hafr-isen Streets may impaet ♦r.,FF... flows and_t„r ing movements in the ad agent • The pfepesell-market may create additional peak hour trips to and from the Kent Valley. *The de el„ e.,t m e e the afea rF ed_, ifapef-�-ietts r feed • The patrons to the proposed market will increase pedestrian activity in the surrounding area. *The soil in the speeifie site may not suppei4 multi stefy buildings oil eerwentional €ems Mitigation Measures: , ..d detef.-,...,,e whether-suffle;e.,.t parr ng ,. „ he p .;.led to „neat demand_ , • Construct street and vehicle access improvements consistent with the City of Kent ' Construction Standards or as modified and approved by the Public Works Director. City of Kent Downtown Strategic Action Plan VI-20 Additional Environmental Information -zc-a cvz1vpor shall]ivvide-a tr-aneiiuet study(see page VT 20?) • Construct storm water facilities consistent with the City of Kent Construction Standards and source control best management practices, or as revised and approved by the Public Works Director. • Construct pedestrian improvements as set forth in Section V.of this plan. @If required by the building effleiah,pr-ier-to er-in eenjunefieft with a building PeFfflit seils report must identi6, set! elassiftea4ion, beariiig quali4i;_�_ —And inelude foundatien Responsibilities: • The property owner and/or developer is responsible for required on- and off-site analysis,public facilities, and other improvements. one Publie 3ATE)FIEs Department will be responsible for-r-estfipiag and r-estrieting th poi,tien of Ratifead Avenue to one way traffie. a. Construct pedestrian/bicycle trails from the Interurban Trail into tevi% Downtown near Saar, Willis,Meeker, and James Streets. b. Ensurere, side.. e trail along the t,th side of T..».es ct-eet.<,t,e the north, nef:d that good pedestrian and bicycle routes are established when the lager-Ee�ent Station site is developed. c. Establish a pedestrian bicycle route along Kennebeck Avenue and Mill Creek north of Smith Street connecting Mill Creek Park with Kent Memorial Park, and to other segments connecting to the f& -s�ent Transit Center. Urban Design Revise the Kent Zoning Code and the Downtown Design Review Handbook to address more specific design guidelines for all of the districts identified ' in Section V. Discussion: Design guidelines are development review criteria that address the design of the site and structures of a proposed development. Guidelines provide flexible means to incorporate I community goals and policies concerning aesthetics, character and function into a development. Effective design guidelines are the most important means that the City can use to achieve the high-quality, pedestnan-fnendly design character called for in the plan ' concept. They are also useful in increasing compatibility between different activities in mixed-use zones. It is recommended that the existing design guidelines be updated,with more specific guidelines for the different districts, to achieve the objectives defined ' below. City of Kent Downtown Strategic Action Plan VI-21 Additional Environmental Information Institute or refine design guidelines for the following areas. The guidelines should address the charactenstics and uses proposed for each of the following districts. Ensure that the guidelines address multifamily and mixed use buildings where appropriate. a. Historic Core: Address historic preservation, adaptive reuse, and small-scale infill to provide a mixed-use area with pedestrian and commercial emphasis. b. Central Avenue Corridor: Conduct a corridor study to serve as a basis for improvement of the Central Avenue Corridor. Include Railroad Avenue as , related to the ent Transit Center. Address design guidelines,buffers for adjacent residential neighborhood, zoning code enforcement, zoning use issues, and streetscape improvements. c. Smith Street and Fourth Avenue Corridors (North Core. North Fro rne, Historic Core, South Core): Attract high-quality development that adds to the streetscape and provides an excellent setting for Borden redevelopment. d. Area East and West of the Core (South Core, North Frame, West Frame): Encourage small- to medium-scale mixed-use redevelopment west of Fourth Avenue and East of State Street, emphasizing residential neighborhood , qualifies. e. Area Between Fe First and Fifth Avenues N (North Frame). Buffer residential neighborhoods with fencing and landscaping. Present an attractive streetscape frontage. Prevent conversion of single-family houses to offices (require a minimum lot size f. East Frame:Revise DCE sur ace parking standards in this distract, with anv , conditional criteria, to increase the number of stalls per thousand square feet of commercial gross floor area from three (3) to four-and-a half(4.V_ , g. West Frame•Revise DCE surface parking standards an this district, with anv conditional criteria, to increase the number o stalls per thousand square feet of commercial gross floor area from three (3) to four-and-a hal (4.) €h.The guidelines should illustrate and describe the following details for each district: • Design intent , • The guidelines should provide graphic examples of how such uses would achieve the intent of each distnct. • Residential and mixed use buildings where appropriate. , • The City's intent for target areas. • How development should respond of public investment including streetscape, the ent Transit Center,parks, etc. • Historic preservation where appropriate. • Recommended additions or changes to the Pedestrian Plan Overlay. • Deviations from the general design guidelines. • Revisions for"problems" identified through prior administration of the , core. Environmental Impact Evaluation: ' • No adverse environmental impacts are identified City of Kent Downtown Strategic Action Plan VI-22 ' Additional Environmental Information ' Mitigation Measures: • None are required. ' Responsibility: • The Planning Department is responsible for reviewing the Design Guidelines and presenting revision proposals to the City Council for adoption. ' Traffic Mitigation The overall transportation plans for dewntewn Downtown as discussed in the Comprehensive Plan are to concentrate growth in the Urban Center and other activity centers in the City to facilitate public transportation and reduce dependency on the automobile. The City adopted as acceptable a Level of Service L( OSJ&an4afd-F for automobile traffic on streets and intersections within the Urban Center boundaries which are generally consistent with the study area defined for the Downtown Strategic Action ' Plan The previously adopted LOS Standard used transportation analysis methods which have since become obsolete The City is currently in the process of revising the City of Kent Concurrency Ordinance as needed to reflect current transportation analysis ' methods. The role of Downtown Kent as a pedestrian-oriented destination for several transportation modes (including pedestrian,bicycle, and transit)will be recognized m such analysis ' Traffic impacts created by the development recommended in this plan will also impact streets and intersections around the study area. Traffic mitigating elements of the plan, such as commuter rail improved METROMetre transit circulation, improved pedestrian and bicycle and pedestfian connections, and housing development close to jobs will serve ' to help mitigate the probable adverse environmental impacts in and near the dewntew-nDowntown. The City's Level of Ser-viee (LOS) standard a4lews development without regard to tfaffi-e .. et^ until thewver-age el, e t eapaetty (We) _et.e downtown r-eaekes 1.0 (T OS> ):f.0 .. until If the We ,..a+i„ in 2010 e eeds 1.0 mithe„♦ the p ed plan eettens these ..et,ens- eapaeity improvements wh}eh m,euldpreN�eet the We rutie from iner-easing. This fnitigatien (an additienal travel lane for- example) would be separate f...f the site •...a.ba.aavaa �uxa uuTxxuvuux uaxvv , speeifie aeeess, safety and street design impfevements required under-SEPA. it eould, depenrim .. the ..+,el .,te t of the t,-..FF'e ,.+ be ,1 for- ..F+4, ding vu au��Yuaxu. e�rccixti-v 'szxv , any downtown to etie tised to eompute theEwer-age / t. The exisfing aver-age inter-seetien We rabo for- seven (7) key downtown inter-seetieffi is n 9n it OS ALE), with two t t. 1 1 tin ti ^ t t> 1 n ---�-- �......... ,�v`v i¢x c is o i$ccr:recaoiire7cxTixrinxr�x-rc riiavT6reuccrcxxcxxr-ro ( eatral/Te„-.es and Gent,-aVGewe) By 20 n. ti.e FF,e yelumes in and tt..-,.,,gh ,le.....+,,..,... Kant are F t ,1 t gew .,teb, 30% Abe„t two tL. fds eF this gF ,.tl, will be generally attributable to Iffeugh trips these trips for-*4i:i^h both eiids the origin an '7 the destination are outside downte-Am Kent), The grevvtli in t40tfgh tips will be fRest City of Kent Downtown Strategic Action Plan VI-23 Additional Environmental Information evi�—efflt effl; TA—fi9es Street and Gentfal Men-ue, due to trips between the valley floe industr..,1 ai-7e. a-ad the East i7;11/Ke„t V., gleafea. Willis Curvet; also f re steel to 111U UJL11U3 GLL YLL LL11UZ1LV Z�-RJL 1111E 11LJ Unless the adverse impacts of this growth in overall traffic can be mitigated, the City's ' level-of-service (LOS)thresholds will be exceeded, and more severe congestion and delay will result. Possible mitigation measures could include—widening for the creation of additional-turning lanes along 4`h Avenue South, Smith Street, James ' Street, and Central Avenuet eveY^7 intefseet;ens along Willis StYeet. It could also include improvements to promote transit use (such as park-and-nde lots in the East Hill residential area, increased transit service and incentive programs for Valley Floor 'ey floor employers). The mitigation process is as follows: The developer eitherskall provides a detailed traffic impact study TIS to identify both existing;and future adverseall traffic impacts upon the City of Kent street and road network,including street capacity, traffic queues, and traffic signal levels-of-service (LOS), and then constructs those mitigation measures ' listed in the approved TIS as a condition of development, or; in lieu of conducting the above-described TIS, and subsequently constructing or implementing the respective mitigation measures identified in that TIS, the developer may instead agree to pay , Environmental Mitigation Fees (EMF) toward the City's cost of constructing the City's South 272"d Street/South 2771h Street Corridor Protect. The final benefit will be ' determined using$1,068 (in 1986 U.S. Dollars and adjusted for inflation and rezones) for each new PM peak hour tpip generated by the development"d traf{1e ..;..nal syste eaused by the pfoposed develepment. The study shall identify all inter-seebeas at level a sel'b'ise"E" 'T",1.. d tr.,Ffie volumes th .level t �r—T�ae-t9-i33C-Fcaica-cruxxxe-vvxuixxco axc�wcxoPxx:sixc. and fnitigation measures eudined in the study, implementation an&er-eens4uetiea of said mitigation measures shall be the eenditional r-equir-ement of the issuanee fer- v"'v Yefmits. study, The developer shall exeeute an eavifenmental mitigation agreement tepaftieipate in, and- pay .. fir shale of-, .. f'the nstr„et;en vests of City's '�''s Qenth 72!4Q St,-e e P-r'ejeet. The final benefit value will he deter.n,ned ,n 1986 .lell.,rs adjusted f r;n41n41en ' C. Monitoring System The momtoring system is intended to identify and monitor system capacities for elements ' of the built environment, and to the extent appropriate, the natural environment. The City of Kent Downtown Strategic Action Plan VI-24 ' Additional Environmental Information ' system will monitor the consequences of growth as it occurs within the dewmtewt� Downtown area, and provides ongoing data to update the plan and environmental analysis. Some systems can be monitored by the City with readily available data. Impacts to other systems require detailed analysis that is typically undertaken by development proponents. ' The following chart lists the systems, the factors to be monitored and the responsibility for providing information to update the monitoring program. Component Unit Baseline Response Land Use Building Permits Number of Permits ' Housing Dwelling Units Multifamily Single Family Retail Square Feet Office Square Feet Service Square Feet ' Density Avg. FAR Vacant/Underdeveloped Acres Land Transportation Intersections (per Peak Hour LOS ' intersection or avg.?) Parking Total Spaces Occupancy Bus Ridership Commuter Rail # of AM/PM Trains Ridership Public Facilities Stonriwater Impervious Surface Detention Facility Capacity Sewer Gallons/day/customer Water Gallons/day/customer Parks Acres/1,000 • Active population • Passive ' The City should evaluate the above impacts every three years on a predetermined date. Based on the evaluation, the City should update the Downtown Strategic Action Plan and the Supplemental Environmental Impact Statement to ensure that planned actions and ' mitigating measures are adequate to realistically address the impacts of growth and change. Incorporate public participation into the evaluation and update process. City of Kent Downtown Strategic Action Plan VI-25 Additional Environmental Information Appendices ' A. SUMMARY OF COMMENTS AND RESPONSES 1997-1998 ' The City received twenty-one written comments from nineteen correspondents during the ' public comment period for the Draft Supplemental Environmental impact statement in early 1997. The City published the comments and responses in the Preliminary Final ' Environmental Impact Statement. The following is a brief summary of the comments. The proposal to revise the Comprehensive Plan and rezone the property approximately , three parcels deep north of James Street between fourth Avenue and the Burlington Northern/ Sante Fe railroad right-of-way to allow limited office use with a mixed use overlay for office and multifamily housing received a number of comments. The major ' concern was the loss of the single family homes located within the proposal area, and the impacts the office/multifamily use would have upon the North Park neighborhood generally. Owners of the property directly adjacent to James Street sent letters in favor of , the rezone proposal. The response to the neighborhood impact issue noted that the mitigation was proposed in the form of cul-de-sac streets to block office traffic through the adjacent neighborhood, and that expansion of the office area was not anticipated. On ' June 2, 1997, the Land Use and Planning Board voted to recommend revise the plan to eliminate the proposal in response to public comments. A question regarding the boundaries of the proposed Comprehensive Plan revision and rezone of property between Fourth and Fifth Avenues north of James Street received a response explaining the proposed boundaries. After further analysis, the boundaries have , since been moved north in response to comments. Comments were received regarding a Smith Street Underpass of State Highway 167. The option was taken under consideration. The cost of such a measure was questioned in another comment letter. The proposal was not included in the proposed plan after analysis. , The performing Performing ArtslCivic Center was discussed. One writer inquired about ' the possible donation of a portion of the municipal parking lot for this use. The response was that the details of the proposed project were beyond the scope of this study and that City Departments could provide details as the project develops beyond the conceptual , stage. Several urban design suggestions were noted. One suggestion was to extend the downtewi-Downtown gateway project beyond the plan boundaries. Another was to provide for space at the corners of blocks for people to gather. Another was to make sure that awnings are provided on new and refurbished buildings. A trellis structure similar to , the trellis on First Avenue was suggested for Fourth Avenue. Several comments City of Kent Downtown Strategic Action Plan VI-26 ' Additional Environmental Information ' concerned additional pedestrian improvements throughout the devAAewa-Downtown core. The comments were noted and awnings, open corners, and pedestrian improvements are elements of the plan. The gateway project does not include locations outside the core,but the City will consider the suggested locations as separate projects. Preservation of historic devaAawn-Downtown properties was a concern. The plan recommends to resume the historic properties analysis and preservation process conducted in the early 1990's and institute regulations and incentives for restoration and ' preservation. Several comments were received regarding traffic congestion, and the writer was referred ' to traffic analysis contained in the Preliminary Final SEIS. Additional traffic analysis has since been provided by the Regional Transit Authonty'-s(Sound Transit)Environmental Analysis of the proposed Commuter Rail Station(Kent Transit Center), and the analysis ' of commuter rail traffic included in this document. Several comments expressed approval of Plan alternative 2, and the south commuter rail ' station location. The response was that the analysis of locations favored the north site because access and ' circulation was more problematic for the south site. Since that time, after numerous comments were received at public hearings, the south site was incorporated in the plan. Other commuter rail concerns included noise and vibration impacts, parking, circulation. The response noted that beyond the information offered in the Preliminary Final EIS, the RTA will be required to perform these evaluations for station improvements. One correspondent requested public restrooms. Restrooms and telephones are not included in the plan. ' A request for additional detail regarding the proposed James Street Underpass at the Burlington Northern/Sante Fe railroad was noted. A conceptual diagram of the underpass was provided in the Preliminary FSEIS, a preliminary cost estimate has been provided. The response stated that the Washington State Department of Transportation and/or the City will perform detailed evaluations before underpass construction. ' Several comments were received regarding costs of proposed projects. The response noted that costs estimates at the level of detail requested were not available at that time. Preliminary cost estimates for major proposals in the plan are included in this document. Questions and comments regarding the SEPA process, notice procedures, public ' participation, capital facilities information, and sources of information were answered. Written Comments were received from the following participants: ' Pamela Newcomer February 5, 1997 ' Perry Woodford February 5, 1997 City of Kent Downtown Strategic Action Plan VI-27 Additional Environmental Information Joseph Kolodziejczak February 5, 1997 Val Batey, Regional Transit Authority February 7, 1997 Paul Hammerschmidt February 28, 1997 , Washington State Department of Community, , Trade & Economic Development Office of Archaeology & Historic Preservation February 26, 1997 , Tom V. Harmer February 26, 1997 Mr. Gregory Griffith February 27, 1997 ' Carol McPherson, Kent Arts Commission February 27, 1997 ' Gary Kriedt, King County Metro Transit Division March 4, 1997 Doug Johnson, King County Metro Transit Division March 4, 1997 ' Howard H. Montoure March 6, 1997 ' Robert Whalen March 5, 1997 Dee Moschel March 6, 1997 ' Pat Curran, Kent Downtown Partnership March 4, 1997 , Don B. Shaffer March 4, 1997 March 31, 1997 ' Ms. Carol Schwindt March 5, 1997 , Mr. Melvin L. Kleweno, Jr. March 12, 1997 ' Robert A. Stevens March 5, 1997 B. Glossary ' Commuter Rail Station (Kent Transit Center): ^ s��-andThe facilities for boarding and alighting passengers on a-the commuter rail line, which operates along ' City of Kent Downtown Strategic Action Plan VI-28 Additional Environmental Information existing Burlington Northern-Sante Fefrei-&railroad tracks between Smith and James Streets. Also referred to as "Kent Transit Center"to reflect the shift of service routes anticipated when King County sells the Lincoln Park&Ride Lot for redevelopment Developer: An individual or business entity which buys real estate and prepares it for ' resale at a profit. Preparation generally includes assembling or subdividing parcels, obtaining permits and clearances, constructing utilities and streets and, in some cases, constructing buildings. Economic Market Study: A study of the market demand for services, goods or housing ' within a particular area, and the extent to which that market demand is already being satisfied. For example, a major developer might want to know if the current market demand for multiple family housing is great enough to justify a project, or if a proposed new shopping center would generate enough sales for tenants. Environmental Impact Statement (EIS): A document which analyzes the significant environmental impacts of a particular action or proposal,possible alternatives to that action and mitigation measures for those impacts analyzed. ESHB 1724: A Washington State law that requires local jurisdictions to consolidate their local permit review and hearing processes and better integrate environmental regulations with the Growth Management Act. This 1996 law also mandates faster decision making by requiring local jurisdictions to implement a 120-day permit processing period for all land use and building permits. ' Facilities: Capital improvements. Often,but not always, the term implies capital improvements which are ancillary to or supportive of the main purposes of an overall project. For example, "The recreational facilities for this action includes a playground, tennis court, swimming pool and community center." Floor Area Ration (FAR): A measure of development density expressed as the amount ' of building floor area divided by the total development site area or parcel. Grade Separated: Rights-of-way that are separated from general purpose rights-of-way by a level change, often on an elevated structure or in an underpass. Growth Management Act (GMA): A 1990 Washington State law that mandates managing population and employment growth through comprehensive plans, regionally coordinated plan implementation and creation of urban growth areas. ' Impacts: The effects or consequences of actions. Environmental impacts are effects upon the elements of the environment listed by SEPA. ' Joint Development: Projects financed and developed jointly be public agencies and private developers City of Kent Downtown Strategic Action Plan VI-29 Additional Environmental Information Local Improvement District(LID): A special district in which a tax is assessed to pay , for a specific public improvement, such as a new road. Mitigation: Actions which avoid, minimize, rectify, reduce, eliminate, compensate or correct otherwise probable significant adverse environmental impacts. , Mixed Uses: Any combination of activities which mix residential, offices, shops and other related uses. Mixed uses exist in concentrated centers and increase activity and ' density. Mixed uses can be single activities in their own buildings but clustered within walking distance; or buildings containing two or more activities, as in office space located above retail shops. ' Pedestrian-friendly: Designed to accommodate pedestrians' (and sometimes cyclists') priorities of safety, minimized walking distance, comfort and pleasant surroundings. ' Planned Action: One or more types of project action(s) that: 1) are designated planned actions by an ordinance or resolution adopted by a city; 2)have had the significant ' environmental impacts adequately addressed in an EIS prepared in conjunction with a comprehensive plan or subarea plan; 3) are subsequent or implementing projects for a comprehensive or subarea plan; 4) are not essential public facilities; or 5) are consistent ' with a comprehensive plan. Programmatic EIS: The Environmental Impact Statement (EIS) for a"program," consisting of a policy plan for many inter-related projects. Under Washington's State Environmental Policy Act(SEPA), an EIS must be prepared for significant public t programs or policy documents, as well as for individual development projects. Sound Transit(formerly"Regional Transit Authority(RTAQ: In the Puget Sound ' region,the agency responsible for planning, building and operating the regional transit system. The system includes, regional bus service, high occupancy vehicles (HOV) lanes and access, light rail transit and commuter rail ' State Environmental Policy Act (SEPA): Chapter 43.21C of the Revised Code of Washington (RCW)—the general policies and regulations intended to help lead agencies ' and citizens make better environmental decisions. Station Area: An area with an approximately %4 mile radius around a rapes ' static the Kent Transit Center containing transit-related activities and designed to accommodate large numbers of people. Supplemental Environmental Impact Statement (SEIS): Preparation of a SEIS is appropriate when a proposal is substantially similar to one covered in an existing EIS New information indicating a proposal's probable, significant, adverse environmental ' impacts may be provided in an SEIS. The SEIS should not include analysis of actions, alternatives or impacts that is in the previously prepared EIS. City of Kent Downtown Strategic Action Plan VI-30 ORDINANCE NO. AN ORDINANCE of the City Council of the City of Kent, Washington, implementing the Downtown Strategic Plan update(CPA-2004-1). RECITALS A. The Downtown Strategic Action Plan(DSAP)was originally adopted in April 1998, and was updated in April of 2005. The update to the DSAP included area wide amendments to land use and zoning designations in the North and West Frame Districts. These area wide amendments were considered during public hearings held by the Land Use and Planning Board on August 23,2004; September 27,2004;October 25, 2004; and November 8, 2004. B. The SEPA Responsible official issued an Addendum and Adoption Notice on October 18, 2004 determining that the proposed DSAP update and implementing regulations are consistent with the range, types and magnitude of impacts and corresponding mitigation outlined in the April 1998 integrated SEPA-GMA document ' for the DSAP; a separate threshold determination is not required. 1 C. On February 9, 2005, the City provided the required sixty (60) day ' notification under RCW 36.70A.106 to the state of Washington of the City's proposed update to the DSAP. The sixty (60) day notice period has lapsed. 1 Downtown Strategic Action Plan Update— ' Implementing Zoning NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, , WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: ' ORDINANCE SECTION 1. -Amendments. The City of Kent's Comprehensive Plan and the City ofKent Zoning Map are amended to establish new land use and zoning designations as follows: A. In the DSAP's North Frame District,for the parcels located north of James Street between I"Avenue and 5`h Avenue from a land use designation of eight(8)units per acre(SF-8)and a zoning designation of eight(8)units per acre(SR-8)to land ' use and zoning designations as follows: (i) Urban Center/DCE for approximately the south 8.4 acres as depicted in ' Exhibit D-1, attached and incorporated herein; (ii) Low Density Multifamily/MRT-16 approximately the north 9 (nine) acres including five (5) parcels north of Cloudy Street between 4`h ' Avenue and 5`h Avenue as depicted in Exhibit D-1. B. In the DSAP's Central Avenue Corridor District, for one (1) parcel depth on either side of Central Avenue between Smith Street and Gowe Street from a zoning designation of Downtown Commercial Enterprise (DCE) to General ' Commercial-Mixed Use (GC-MU), as depicted in Exhibit D-2, attached and incorporated herein. ' SECTION Z - Severabiltty. If any one or more sections, sub-sections, or ' sentences of this Ordinance are held to be unconstitutional or invalid,such decision shall not affect the validity of the remaining portion of this Ordinance and the same shall ' remain in full force and effect. 2 Downtown Strategic Action Plan Update— Implementing Zoning ' SECTION 3. -E fective Date. This Ordinance shall take effect and be in force thirty(30)days from and after the date of passage as provided by law. JIM WHITE, MAYOR ATTEST: BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM: TOM BRUBAKER, CITY ATTORNEY PASSED: day of April, 2005. APPROVED: day of April, 2005. PUBLISHED: day of April, 2005. 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 PC.KORUINM'�IgJmmp�,dz 3 Downtown Strategic Action Plan Update— Implementing Zoning f ceR�� ndd�3 3 dd3oa W o �oamg N N dom m Qg m 3mp6Ka 31�? ,p Do �.mop [ b a a ❑ ❑ 0z a 4 AVE N N � 4 a � o D � � a ❑ o � � � o � OUq= O ❑ o d 40 C7 3 AVE N ❑ a � Q Qa4 0 0� -� � Q d Q n E p 010 00 ❑ G 2 AV N m CD � iw • ❑ o❑ p n o ❑ o NO � ❑ N 0 o o C0 0 Cl)O C � . . .. cown 0 � m m o 00 X o CrrqL J mn NE -uz A � cnp T Ell5, 0 m N z Obi a + s f�D O .� Z 7 fD y O• O �• G Il 4 y I to OLrl NNo N cm Fi nop z O c�i, t� v mho�� Rv_?m g��s„ Il�`I h�I U ✓ lI �" --`Iwgmm 2 AVE S O m --i 2AVE N a n �m z P3da � co � f U31U W d- y ry do3 d �1 > � 1 E S�, 9gg�m A ae � Q s 1 )AD AVE S RAILROAD VE N a o Fu oI L�:� _ L AV CENTRE o m NO c STATE AVE S AVE N O O cl) O m 10 o Q � m y pQ'�G ❑ �' ocl) ID m3 K A O O QD C] Q a� n � CD Q ❑o❑ , C cD 1, Q � CLARK J e3❑ 0 n � cnp moo °' ° CD a �' A o M d N � cc" a � � a c e � s CD I y •• o OAI .� IA'I' N ORDINANCE NO. AN ORDINANCE of the City Council of the City of Kent, Washington, amending chapter 15.04, 15.05, and 15.09 of the Kent City Code, to implement amendments to the Downtown Strategic Action Plan. RECITALS A. The Downtown Strategic Action Plan (DSAP) was originally adopted in April 1998, and was updated in April of 2005. The update to the DSAP included amendments to Chapter 15 of the Kent City Code (KCC) expanding the geographic scope of design review, increasing certain surface parking caps, and eliminating specific minimum lot size requirements. These amendments were considered at public hearings held on August 23, 2004; September 27, 2004, October 25, 2004; and November 8, 2004. B. The SEPA Responsible official issued an Addendum and Adoption Notice on October 18, 2004 determining that the proposed DSAP update and implementing regulations are consistent with the range, types and magnitude of impacts and corresponding mitigation outlined in the April 1998 integrated SEPA-GMA document for the DSAP; a separate threshold determination is not required. C. On February 9, 2005, the City provided the required sixty (60) day notification under RCW 36.70A.106 to the state of Washington of the City's proposed update to the DSAP. The sixty(60) day notice period has lapsed. 1 DSAP Chapter 15 TextAmendment NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: ORDINANCE SECTION 1. - Amend Section 15.04.170 of the Kent City Code, entitled "Agricultural and Residential Zone Development Standards,"is amended as follows: 2 DSAP Chapter 15 Text Amendment Sec. 15.04.170. Agricultural and Residential Zone Development Standards. Zoning Districts u y m 0 o c G C Vi N C N F a C iC i3 � E lY c i0 N 6 in M C G W �` a E v a t7_ v E @ s m LL C T T E T T T d y E m p p fa Q m m n- m m M ,9 ,� y 0 .�. tl5 LL LL N LL LL Q C to C Ci Q 3 rL = O 05 rA to to b T O r J _ o lY N � q to aQ d E— F t? tr iY S to 0 m � ccn Of SF Duplex IF Duplex MF IF Duplex NIF SF Duplex MF I SF Duplex h1F SF Duplex MF Maximum density Ido/ 1do/ac 218 363 453 605 871 871 1089 120 120 160 160 160 16 230 23 400 40 dwelling units per 10 Be dus/ac dus/ dust dust dust dus/ dus/ac dust dust dust dust tins/ tins/ dus/ac dust dus/ dust acre Be Be Be Be Be Be Be Be Be Be Be Be Be Be Minimum lot area 10 Be 34,700 16,000 9,600 7,600 5,700 4,000 4,000 8,000 none 8,000 8,500/ none 8,000 8,500) none 8,000 8,500/ none 8,000 8,5001 none 8,000 8,SO0/ square feet or set ft sq ft sq ft sq ft sq ft sq ft sq ft sq ft sq it 3,500 sq it 3500 sq it 2,500 sq it 1,600 sq ft 900 acres,as noted sq R L151 sq ft sq ftaq ft sq n (27) l (1) (2) (3) Minimum lot 60 It 60 ft 50 It 50 It 50 it 50 ft 40 ft 25 it 80 ft 25 ft 80 ft 80 ft 25 ft 80 it 80 it 25 ft soft 80 it 25 ft 80 ft 80 ft 2511 80 ft 80 ft width feet(4) Maximum site 300/6 30% 30016 45% 4-5*,'* 10%, 550/ 550,16 40% 551/* 40% 45% 55% 40% 45% 51% 411% 45% 559b 40% 45% 55% 40% 50% coverage percent (5) (5) (5) (5) (5) (5) (5) (5) (5) (5) (5) (5) (5) (5) (5) (5) (5) (5) (5) of site Mmimum yard (22) requirements,feet Front yard 20 it 20 ft 10 ft loft 10 ft 10 ft loft 10 ft 10 ft loft 10 ft 20 ft 10 ft 10 ft 20 ft loft loft 20 it 10 it 10 ft 20 ft 10 ft 10 ft 20 ft (6) (6) (6) (6) (6) (6) (6) (6) (6) (6) (6) (6) (6) (6) (6) (6) (6) (6) (6) (8) (8) (8) (8) (8) (8) (8) (8) (8) (8) (8) (8) (8) (8) (8) (8) (8) (9) (9) (9) (9) (9) (9) (9) (9) (9) (9) (9) (9) (9) (9) (9) (9) (9) Side yard 15ft 15 it 5ft 5ft 5ft 5it 5ft 5it 5ft 5n 5ft (11) 5ft 5ft (11) 5n 5It (11) 5it 5ft (11) 5it Sit (11) (30) (30) (30) (30) (30) (30) Side vard on 20 ft 20 ft 10 ft Hilt 10 ft 10 it 10 ft Aft loft 10 ft 1011 15 ft loft ]OR 15 ft loft 10 ft 15 It ]Oft 10 ft 15 ft 10 ft loft 15 ft flanking street of (9) (9) (9) (9) (9) (91 (9) (9) (9) (9) (9) (9) (9) (9) (9) (9) (9) a corner lot Rear yard 20 It 15 ft 5ft 5n 5ft Sit 5It 5It 8ft 5It 8ft 20ft Sit 8ft 20ft 5n 8it 20ft Sit 8ft 20 it 5ft 8ft 20ft Additional (12) (12) (32) (32) (14) (31) (31) (14) (31) (31) (14) (14) (14) setbacks/distances (15) (32) (32) (15) (15) (15) (15) between buildings (32) (31) (31) Heigh t limitation: 25 5stry! 25 25 25 25 25 25 25 25 2stry/ 3 25 2stry/ 8) 25 25 3 25 25 3 25 25 4 in stories/not to stry/ 35 It stry/ stry/ stry/ strv/ stry/ stry/ stry/ stry/ 30 it stry/ stry/ 30 It stryl stry/ stry/ stry/ stry/ strv/ strvl strv/ stry/ stry/ exceed in feet 35 f1 35 it 35 ft 35 ft 35 ft 30 ft 30 ft 35 it 311 it 30 ft 30 ft 30 it 30 It 35 it 40 It 30 it 35 it 40 ft 30 it 35 ft 50 ft (16) Maximum 40% 40% 40% 50% 60% 70% 75% 75•/. 70% 75% 70% j 70%j 75% 70%. 70% 75% 70% 75•/. 70% 75% 70"/. impervious (19) (19) (23) (23) (23) (23) (23) (19) (19) (19) (19) (19) (19) (19) (19) (19) (19) (19) (19) (19) (19) surface percent of total parcel area Zero lot line and The provisions in KCC 15 08 300,15 08 310,15 08 320,and 15 08 330 shall apply clustering(24) Signs The sign regulations of Chapter 15 06 KCC shall apply Off-street parking The off-street parking requirements of Chapter 15 05 KCC shall apply Landscaping The landscaping requirements of Chapter 15 07 KCC shall apply Muln-famdy (25) (25) (25) (25) (25) transition Area Muln-family (26) (26) (26) (26) (26) i design review Additional Additional standards for specific uses are contained in Chs 15 08 and 15 09 KCC standards Additional (20) (31) (33) (33) (33) (33) (43) (28) (28) standards (33) (29) (29L14 FF 3 SECTION 2. - Amend Section 15.04.180 of the Kent City Code, entitled "Agricultural and residential land use development standard conditions," is amended to read as follows: Sec. 15.04.180. Agricultural and residential land use development , standard conditions. 1. Minimum lot area is eight thousand five hundred (8,500) square feet for the first two (2) dwelling units, and two thousand five hundred (2,500) square feet for each additional dwelling unit. 2. Minimum lot area is eight thousand five hundred (8,500) square feet for the first two (2) dwelling units, and one thousand six hundred (1,600) square feet for each additional dwelling unit. 3. Minimum lot area is eight thousand five hundred (8,500) square feet for the first two (2) dwelling units, and nine hundred (900) square feet for each additional dwelling unit. 4. To determine minimum lot width for irregular lots, a circle of applicable diameter (the minimum lot width permitted) shall be scaled within the proposed boundaries of the lot; provided, that an access easement to another lot is not included within the circle. 5. Interior yards shall not be computed as part of the site coverage. 6. Porches and private shared courtyard features may be built within the front building setback line. 7. For properties abutting on West Valley Highway, the frontage on West Valley Highway shall be considered the front yard. 8. Proposed front yards less than twenty (20) feet in depth are subject to , approval by the planning manager, based on review and recommendation from the public works department relative to the existing and future traffic volumes and right- of-way requirements as specified in the city comprehensive transportation plan and city construction standards. 9. At least twenty (20) linear feet of driveway shall be provided between any garage, carport, or other primary parking area and the street property line with the exception of an alley property line. 4 DSAP Chapter 15 TextAmendment W. An aggregate side yard of thirty (30) feet shall be provided. A minimum of ten (10) feet shall be provided for each side yard. On a corner lot the side yard setback shall be a minimum of twenty (20) feet from the property line. 11. Each side yard shall be a minimum of ten (10) percent of the lot width; however, regardless of lot width, the yard width need not be more than thirty (30) feet. For multifamily townhouse developments that attach three (3) units or less, in the MRT-12 or MRT-16 zoning districts the aggregate yard width need not be more than thirty(30) feet, but in no case shall a yard be less than ten (10) feet. 12. Structures for feeding, housing, and care of animals, except household pets, shall be set back fifty(50) feet from any property line. 13. Additional setbacks for the agriculture general AG zoning district. a. Structures for feeding, housing, and care of animals shall be set back fifty(50) feet from any property line. b. Transitional conditions shall exist when an AG district adjoins a residential district containing a density of two (2) dwelling units or more per acre or a proposed residential area indicated on the city comprehensive plan. Such transitional conditions shall not exist where the separation includes an intervening use such as a river,railroad main line, major topographic differential, or other similar conditions, or where the industrial properties face on a limited access surface street on which the housing does not face. When transitional conditions exist as defined in this subsection, a yard of not less than fifty(50) feet shall be provided. iC. Setbacks, Green River. Industrial development in the AG district abutting the Green River, or Russell Road or Frager Road where such roads follow the river bank, shall be set back from the ordinary high-water mark of the river a minimum of two hundred (200) feet. Such setbacks are in accordance with the city comprehensive plan and in accordance with the high quality of site development typically required for the industrial park areas of the city and in accordance with the state Shoreline Management Act of 1971, and shall be no more restrictive than, but as restrictive as, the Shoreline Management Act. 14. An inner court providing access to a double-row building shall be a minimum of twenty(20) feet. 5 DSAP Chapter 15 TextAmendinent 15. The distance between principal buildings shall be at least one-half the sum of the height of both buildings; provided, however, that in no case shall the distance be less than twelve (12) feet. This requirement shall also apply to portions of the same building separated from each other by a court or other open space. 16. The height limitations shall not apply to barns and silos; provided, that they are not located within fifty(50) feet of any lot line. 17. Beyond this height, to a height not greater than either four (4) stones or sixty (60) feet, there shall be added one (1) additional foot of yard for each additional foot of building height. 18 The planning manager shall be authorized to approve a height greater than four (4) stories or sixty (60) feet, provided such height does not detract from the continuity of the area. When a request is made to exceed the building height limit, the planning manager may impose such conditions, within a reasonable amount of time, as may be necessary to reduce any incompatibilities with surrounding uses. 19. Except for lots used for agricultural practices, the maximum impervious surface area allowed shall be ten thousand (10,000) square feet when the lot is greater than one (1) acre. 20. The following uses are prohibited: a. The removal of topsoil for any purpose. b. Grade and fill operations; provided, that limited grade and fill may be approved as needed to construct permitted buildings or structures. C. All subsurface activities, including excavation for underground utilities, pipelines, or other underground installations, that cause permanent disruption of the surface of the land. Temporarily disrupted soil surfaces shall be restored in a manner consistent with agricultural uses. d. Dumping or storage of nonagricultural solid or liquid waste, or of trash, rubbish, or noxious materials. e. Activities that violate sound agricultural soil and water conservation management practices. 21. Outdoor storage for industrial uses shall be located at the rear of a principally permitted structure and shall be completely fenced. 6 DSAP Chapter 15 Text Amendment 22. Mobile home park combining district, MHP. The standards and procedures of the city mobile home park code shall apply General requirements and standards for mobile home park design, KCC 12 04.055;mobile home parks, Ch. 12.05 KCC. 23. Except for lots used for agricultural practices, the maximum impervious surface area allowed shall be ten thousand(10,000) square feet. 24. Minimum lot width, building setbacks, and minimum lot size regulations may be modified consistent with provisions for zero Iot line and clustering housing development. 25. The requirements of KCC 15.08.215 shall apply in any multifamily transition area, which includes any portion of a multifamily district within one hundred (100) feet of a single-family district or within one hundred (100) feet of a public street nght-of-way. 26. The requirements of KCC 15.09 045 for multifamily design review shall apply to any multifamily dwelling of three(3) or more units 27. Minimum lot area is eight thousand five hundred (8,500) square feet for the first two (2) dwelling units, and three thousand five hundred (3,500) square feet for each additional dwelling unit. 28. The following zoning is required to be in existence on the entire property to be rezoned at the time of application of a rezone to an MR-T zone: SR-8, MR-D, MR-G, MR-M, MR-H, O, O-MU,NCC, CC, GC, DC, or DCE. 29. All multifamily townhouse developments in the MR-T zone shall be condominiums only. A condominium plat shall be filed and recorded pursuant to Chapter 64.32 RCW prior to approval of a development permit by the city. 30. As an option to the five (5) foot side yard requirement for single-family development in all multifamily zoning districts as set forth in KCC 15.04.170, a side yard width of no less than three (3) feet may be utilized under the following conditions: a. Fire hydrants for the development, as required by the fire code set forth in KCC Title 13, will be placed a maximum of three hundred (300) feet in separation; 7 DSAP Chapter 15 Text Amendment b. The required fire hydrants shall have a minimum fire flow of one thousand five hundred (1,500) gallons per minute; and C. Emergency vehicle access roads shall be provided to the development, which includes an improved road accessible within one hundred fifty(150) feet of all portions of the exterior first floor of the structure. This option is subject to the approval of the Washington State Building Council. Application of this option shall be effective upon receipt by the city of Kent of such approval. 31. Where lands are located wholly or partially within the urban separator, as designated on the City of Kent Comprehensive Land Use Plan Map, dwelling units shall be required to be clustered, subject to the provisions of Ch. 12.04 KCC, entitled "Subdivisions, Binding Site Plans, and Lot Line Adjustments." The density in a cluster subdivision shall be no greater than the density that would be allowed on the parcel as a whole, including all critical areas (creeks, wetlands, geological hazard areas), and buffers, using the maximum density provisions of the zoning district in which it is located. The common open space in a cluster subdivision shall be a minimum of fifty (50) percent of the nonconstrained area of the parcel. The nonconstrained area of the parcel includes all areas of the parcel, minus critical areas, as defined in RCW 36.70A.030(5) as currently and hereinafter amended, and buffers. The remainder of the nonconstrained area of the parcel 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 not be used in determining lot size and common open space requirements in a cluster subdivision All natural features (such as streams and their buffers, significant stands of trees, and rock outcropping), as well as sensitive areas (such as steep slopes and wetlands and their buffers) shall be preserved, as open ,space in a cluster subdivision. 8 DSAP Chapter 15 Text Amendment t tFuture 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; and impairs the recreational benefits enjoyed by the residents of the development. Such common open spaces may be retained under ownership by the owner or subdivider, conveyed to residents of the development, conveyed to a homeowners' association for the benefit of the residents of the development, conveyed to the city with the city's consent and approval or to another party upon approval of the city of Kent. The minimum lot size of individual lots within a clustered subdivision is two thousand five hundred (2,500) square feet, and the minimum lot width is thirty (30) feet. In the event that common open space prohibits development of one single- family residence on the parcel, the common open space will be reduced by the amount necessary to meet the minimum two thousand five hundred (2,500) square foot lot size. New lots created by any 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. Sight-obscuring fences are not permitted along cluster lot lines adjacent to the open space area. 32. For multifamily townhouse developments that attach three (3) units, the ' minimum building to building separation shall be ten (10) feet. For duplex and single-family condominium townhouse developments, the minimum building to building separation shall be established through the International Building Code (IBC) or International Residential Code (IRC), as may be applicable. 33. Where lands are located wholly outside the urban separator, as designated on the City of Kent Comprehensive Land Use Plan Map, dwelling units may be clustered, subject to the applicable provisions of Ch. 12.04 KCC. 34. The downtown design review requirements of KCC 15 09 046 shall apply. 9 DSAP Chapter 15 Text Amendment 35. Minimum lot area requirements do not apply to multifamily development in the Kent Downtown Planning Area identified in KCC 15.09.046. SECTION 3. - Amend. Section 15.04.190 of the Kent City Code, entitled "Commercial and industrial zone development standards," is amended to read as , follows: 10 DSAP Chapter 15 Text Amendment Sec.15.04.190. Commercial and industrial zone development standards. ZONING DISTRICTS U d y y � r A Q y A H ` N O ra V V [C U fUO 4M (O .• L L A LI 4 N m ❑ ° ° U E E U E u U V Q Y ro C ° U ro A £ n6 Y y v v, ° (� Q c 3 E E U 5 m w c = 3 c 3 0 b z R ❑ o E E a Gj 3 .i°. E U Ca W N C7 IC U ..1 C7 U Q zU U Q oo U U 0 o < Minimum lot area square feet or acres,as 10,000 10,000 5,000 5,000 10,000 10,000 10,000 10,000 1 acre 1 acre 10,000 2Q,000 15,i700 10,000 1 acre noted sq it sq it sq ft sq tt sq ft sq ft sq ft sq it sq it sq ft sq it sq ft L66) 1� Maximum site coverage percent of site 40% 40% l00% l00% 50% 50% 40% 30% 50% 60% 60% 65% 75% 40% 60% Minimum yard requirements feet Front yard 1" 15 it (2) (3) 15 it 15 it 20 it 25 ft 30 it (5) (5) (6) (7) 15 ft (5) (4) (H Side yard (8) (9) (2) (3) (10) (10) (10) (10) (11) (12) (12) (13) (14) 5 it (12) (15) (16) Side yard on flanking street of a corner lot (17) (17) (17) (18) 15 it (17) Rear yard (81 20 it (2) (3) (19) (19) (19) (19) (20) (20) (21) (21) 5 it (20) (2) (22) Yards,transitional conditions (23) (23) (24) (25) (73) Additional setbacks (26) (29) (29) (29) (27) (29) Height limitation in stones/not to exceed in 2 stry/ 3 stry/ 4 stry/ (32) 2 stry 2 stry 2 stm 3 stry/ 2 strv/ 2 stry/ 2 stry/ 2 stry/ 2 stry/ 3 stry/ 2 str)/ feel 35 ft 40 it 60 it 35 it 35 it 35 it 40 it 35 it 35 ft 35 it 35 it 35 ft 40 it 35 ft (30) (31) (30) (30) (30) (33) (35) (35) (35) (37) (33) (35) - (34) Landscaping The landscaping requirements orch 15 07 KCC shall apply (52) (52) (52) Outdoor storage (39)F(39) (40) (40) (40) (42) (43) (43) (44) (45) (59) (43) (41) (4 1) I I I I 1 (51) Signs The sign regulahoos of Ch 15 06 KCC shall apply (60) Vehicle drive-through,drive-io and service (46) (46) (46) (46) (46) (46) bays 1 (61) Loading areas (17) (47) 1 (47) (47) (47) (48) (48) (49) (51) (48) Off-street parking The off-street parking requirements of Ch 15 05 KCC shall apply (57) (57) (57) (57) (58) (58) (58) (57) (58) Additional standards (50) (36) (31) (31) (50) (50) (36) (36) (50) (50) (50) (50) (50) (50) (56) (50) (50) (50) (56) (50) (50) (56) (53) (53) (54) (54) (53) (62) (56) (56) (56) (56) (56) (54) (54) (55) (55) (54) (63) (56) (J1) (55) (55) (56) (56) (55) (64) (56) (56) (56) (65) 11 SECTION 4. - Amend Section 15.04.195 of the Kent City Code, entitled "Commercial and industrial land use development standard conditions," is amended to read as follows: Sec. 15.04.195. Commercial and industrial land use development standard conditions. 1. Minimum lot of record or five thousand (5,000) square feet, whichever is less. 2. None, except as required by landscaping, or if off-street parking is provided onsite. See the downtown design review criteria outlined in KCC 15.09.046. 3. No minimum setback is required. If a rear and/or side yard abuts a residential district, a twenty (20) foot rear and/or side yard setback may be required. See the downtown design review criteria outlined in KCC 15.09.046. 4. For properties abutting on West Valley Highway, the frontage on West Valley Highway shall be considered the front yard. 5. The minimum front yard setback shall be related to the classification of the adjacent street. This classification shall be determined by the city transportation engineer. The setbacks are as follows: a. roperties fronting on arterial and collector streets shall have a minimum setback of twenty(20) feet. i b. Properties fronting on local access streets shall have a minimum setback of twenty(20) feet. 6. The minimum front yard setback shall be related to the classification of the adjacent street. This classification shall be determined by the city transportation engineer. The setbacks are as follows: a. Properties fronting on arterials and collector streets shall have a minimum setback of forty(40) feet. b. Properties fronting on local access streets shall have a minimum setback of thirty(30) feet. 7. The front yard shall be ten(10)percent of the lot depth. Regardless of lot size, the yard depth need not be more than thirty-five (35) feet. 8. No side or rear yard is required, except when abutting a district other than NCC, and then the yard shall be not less than five (5) feet in width, unless the 12 DSAP Chapter 15 Text Amendment abutting district or use is residential and then the yard shall be ten (10) feet in width and fully landscaped. 9. No side yard is required, except when abutting a more restrictive district, and then the side yard shall be not less than twenty(20) feet in width. 10. No side yard is required, except abutting a residential district, and then the side yard shall be twenty(20) feet minimum. 11. An aggregate side yard of thirty (30) feet shall be provided. A minimum of ten (10) feet shall be provided for each side yard. On a corner lot the side yard setback shall be a minimum of twenty(20) feet from the property line. 12. The side yards shall have an aggregate width of ten (10) percent of the lot width, but the aggregate width need not be more than forty (40) feet. There shall be a minimum of fifteen (15) feet on each side. 13. The side yards shall have an aggregate width of ten (10) percent of the lot width, but the aggregate width need not be more than thirty (30) feet. There shall be a minimum of ten (10) feet on each side. 14. The side yards shall have an aggregate width of ten (10) percent of the lot width, but the aggregate width need not be more than twenty-five (25) feet. There ishall be a minimum of ten(10) feet on each side. 15. A side yard of at least five (5) feet in depth shall be provided along the side 1property lines, except no side yard shall be required between adjacent properties where a common, shared driveway with a perpetual cross-access easement is provided to serve the adjoining properties. 16. Where a side yard abuts a residential district, a side yard of at least twenty (20) feet shall be provided. 17. The minimum side yard on the flanking street of a corner lot shall be related to the classification of the adjacent street. This classification shall be determined by the city transportation engineer. The setbacks are as follows: a. Properties fronting on arterial and collector streets shall have a rminimum setback of forty(40) feet. i b. Properties fronting on local access streets shall have a minimum setback of thirty(30) feet. 13 DSAP Chapter 15 Text Amendment 18. The side yard on the flanking street of a corner lot shall be at least ten (10) percent of the lot width, unless the ten (10) percent figure would result in a side yard of greater than twenty (20) feet, in which case the side yard need not be more than twenty (20) feet. 19. No rear yard is required, except abutting a residential district, and then the rear yard shall be twenty(20) feet minimum. 20. No rear yard is required, except as may be required by other setback provisions of this section. 21. No rear yard is required, except as may be required by transitional conditions. 22. A rear yard of at least five (5) feet in depth shall be provided, except when a rear yard abuts a residential district, and then a rear yard of at least twenty (20) feet in depth shall be provided. 23. Transitional conditions shall exist when an industrial park M1 or MI-C district and AG district adjoins a residential district containing a density of two (2) dwelling units or more per acre or a proposed residential area indicated on the city comprehensive plan Such transitional conditions shall not exist where the separation includes intervening use such as a river, freeway, railroad main line, major topographic differential, or other similar conditions, or where the industrial properties face on a limited access surface street on which the housing does not face. When transitional conditions exist as defined in this subsection, a yard of not less than fifty (50) feet shall be provided. 24. ransitional conditions shall exist when an M2 district adjoins a residential district containing a density of two (2) dwelling units or more per acre or a proposed residential area indicated on the city comprehensive plan. Such transitional conditions shall not exist where the separation includes an intervening use such as a river, freeway, railway main line, major topographic differential, or other similar conditions, or where the industrial properties face on a limited access surface street on which the housing does not face. When transitional conditions exist as defined in this subsection, a yard of not less than fifty(50) feet shall be provided. 25. Transitional conditions shall exist when an M3 district adjoins a residential district containing a density of two (2) dwelling units or more per acre or a proposed 14 DSAP Chapter 15 Text Amendment residential area indicated on the city comprehensive plan. Such transitional conditions shall not exist where the separation includes an intervening use such as a river,railroad main line, major topographic differential, or other similar conditions, or where the industrial properties face on a limited access surface street on which the housing does not face. When transitional conditions exist as defined in this subsection, a yard of not less than fifty(50) feet shall be provided. 26. Structures for feeding, housing, and care of animals shall be set back fifty (50) feet from any property line. 27. Transitional conditions shall exist when an MA district adjoins a residential district containing a density of two (2) dwelling units or more per acre or a proposed residential area indicated on the city comprehensive plan. Such transitional conditions shall not exist where the separation includes an intervening use such as a river,railroad main line, major topographic differential, or other similar conditions, or where the industrial properties face on a limited access surface street on which the housing does not face. When transitional conditions exist as defined in this subsection, a yard of not less than fifty(50) feet shall be provided. I 128. Industrial development in the MA district abutting the Green River, or Russell Road or Frager Road where such roads follow the river bank, shall be set back from the ordinary high-water mark of the river a minimum of two hundred (200) feet. Such setbacks are in accordance with the city comprehensive plan and are in accordance with the high quality of site development required for the industrial parks area of the city, which MA areas are designated to become in the city plan, and are in accordance with the state Shoreline Management Act of 1971, and shall be no more restrictive than, but as restrictive as, the Shoreline Management Act. 29. Development in the M1 or MI-C district and AG district abutting the Green River, or Russell Road or Frager Road where such roads follow the river bank, shall be set back from the ordinary high-water mark of the river a minimum of two hundred (200) feet. Such setbacks are in accordance with the state Shoreline Management Act of 1971, and shall be no more restrictive than, but as restrictive as, the Shoreline Management Act. 15 DSAP Chapter 15 Text Amendment 30. The planning manager shall be authorized to grant one (1) additional story in height, if during development plan review it is found that this additional story would not detract from the continuity of the area. More than one (1) additional story may be granted by the planning commission. 31. The downtown design review requirements of KCC 15.09.046 shall apply. 32. No maximum height limit is required. See the downtown design review criteria outlined in KCC 15.09.046. 33. Beyond this height, to a height not greater than either four (4) stories or sixty (60) feet, there shall be added one (1) additional foot of yard for each additional foot of building height. 34. The planning manager shall be authorized to approve a height greater than four (4) stones or sixty (60) feet, provided such height does not detract from the continuity of the area. When a request is made to exceed the building height limit, the planning manager may impose such conditions, within a reasonable amount of time, as may be necessary to reduce any incompatibilities with surrounding uses. 35. Beyond this height, to a height not greater than either four (4) stories or sixty (60) feet, there shall be added one (1) additional foot of yard for each one (1) foot of additional building height. The planning manager shall be authorized to approve one j (1) additional story, provided such height does not detract from the continuity of the �I industrial area, and may impose such conditions as may be necessary to reduce any incompatibility with surrounding uses. Any additional height increase may be granted by the land use and planning board. 36. Design review for mixed use development is required as provided in KCC 15.09.045(E). 37. The height limitation is two (2) stories or thirty-five (35) feet. Beyond this height, to a height not greater than either four (4) stories or sixty(60) feet, there shall be added one (1) additional foot of yard for each two (2) feet of additional building height The planning manager shall be authorized to approve one (1) additional story, provided such height does not detract from the continuity of the industrial area, and may impose such conditions as may be necessary to reduce any incompatibility with 16 DSAP Chapter IS Text Amendment 1 surrounding uses. Any additional height increases may be granted by the planning commission. 38. The height limitation is three (3) stories or forty(40) feet. An additional story or building height may be added, up to a maximum of five (5) stories or sixty (60) feet, with one (1) additional foot of building setback for every additional foot of building height over forty(40) feet. 39. Outdoor storage areas are prohibited. 40. Outdoor storage areas shall be fenced for security and public safety by a sight- obscuring fence unless it is determined through the development plan review that a sight-obscuring fence is not necessary. 41. Any unfenced outdoor storage areas shall be paved with asphaltic concrete, cement, or equivalent material to be approved by the city engineer. 42. Outdoor storage (for industrial uses) shall be at the rear of a principally permitted structure and shall be completely fenced. 43. Outside storage or operations yards in the M1 or M1-C district and AG district shall be permitted only as accessory uses. Such uses are incidental and subordinate to the principal use of the property or structure Outside storage or operations yards shall be confined to the area to the rear of the principal building or the rear two-thirds (2/3) of the property and reasonably screened from view from any property line by appropriate walls, fencing, earth mounds, or landscaping Outside storage exceeding a height of fifteen (15) feet shall be so placed on the property as to not detract from the reasonably accepted appearance of the district. 44. Outside storage or operations yards shall be confined to the area to the rear of a line which is an extension of the front wall of the principal building, and shall be reasonably screened from view from any street by appropriate walls, fencing, earth mounds, or landscaping. 45. Outside storage or operations areas shall be fenced for security and public safety at the property line. 46. Wherever feasible, drive-up/drive-through facilities shall be accessed from the rear of a site and run along an interior lot line or building elevation. Landscaping, sufficient to soften the visual impact of vehicle stacking areas, may be required. 17 DSAP Chapter 15 Text Amendment 47. Loading areas must be located in such a manner that no loading, unloading, or r maneuvering of trucks associated therewith takes place on public rights-of-way. 48. Earth berms and landscaping shall be provided along street frontages as necessary to screen dock-high loading areas from public rights-of-way Berms shall be a minimum of thirty-six (36) inches and a maximum of forty-two (42) inches in height. Landscaping located on the berm shall conform to type III landscaping as described in KCC 15.07.050. 49. Earth berms and landscaping shall be provided along street frontages as necessary to screen dock-high loading areas from public rights-of-way. Berms shall be a minimum of thirty (30) inches in height. Landscaping located on the berm shall conform to type III landscaping described in KCC 15.07.050 pertaining to visual buffers. 50. Development plan approval is required as provided in KCC 15.09.010. 51. Earth berms and landscaping shall be provided along street frontages as necessary to screen dock-high loading areas from public rights-of-way Berms shall be a minimum of twenty (20) inches in height. Landscaping located on the berm shall conform to type III landscaping described in KCC 15.07.050 pertaining to visual buffers. 52. Where building walls face adjacent streets and are unfenestrated for more than forty (40) feet at any point along the facade, additional landscaping shall be required to reduce visual impacts. In such circumstances, type II landscaping, as defined in KCC 15.07.050, shall be required; provided, that evergreen trees shall be at least ten (10) feet in height and deciduous trees shall be a minimum of two (2) inch caliper at the time of planting. It 53. Predominant activities and operations shall be completely enclosed within buildings or structures, except for customary appurtenances such as loading and unloading areas, or where special conditions exist as a result of a conditional use public hearing. The planning manager shall be authorized to determine the reasonable application of this provision in cases of operational hardship or other showing of uncommon circumstances. 54. Multitenant buildings shall be permitted. 18 DSAP Chapter 15 Text Amendment 55. All required yards, parking areas, storage areas, operations yards, and other open uses on the site shall be maintained in a neat and orderly manner appropriate for the district at all times. The planning manager shall be authorized to reasonably pursue the enforcement of this subsection where a use is in violation, and to notify the owner or operator of the use in writing of such noncompliance. The property owner or operator of the use shall be given a reasonable length of time to correct the condition. 56. The performance standards as provided in KCC 15.08.050 shall apply. 57. Off-street parking may be located in required yards except in areas required to be landscaped. 58. Those areas not required to be landscaped may be used for off-street parking. 59. Outdoor storage is allowed only as an accessory use to small scale, light industrial, or manufacturing operations where the building, structure, or total operation, including all indoor and outdoor storage areas, does not encompass more than ten thousand(10,000) square feet of total area. 60 Signage on commercial uses in the Ml-C zone shall be as specified in KCC 15.06.050(B). Signage on industrial uses in the MI-C zone shall be as specified in KCC 15.06.050(E). 61. Any eating establishment with a drive-through/drive-in facility shall be located a minimum of one thousand (1,000) feet from any other restaurant with a drive-through/drive-in facility. 62. Parking should be located either next to or behind the building. Parking should not be placed between the street and the building. 63. A direct pedestrian connection shall be provided from the street to the building. 64. Screening by either an enclosure and/or evergreen landscaping shall be provided for mechanical equipment, service doors, and garbage areas. Rooftop equipment shall be enclosed with a parapet or similar design feature. 65. Structures shall be designed to maintain the residential character of the surrounding neighborhood. Modulating the building mass, adding dormer windows, 19 DSAP Chapter 15 Text Amendment covered entryways, or porches are ways to enhance the human scale and provide a residential dimension to structures. 66 Minimum lot area requirements do not apply to multifamily development in the Kent Downtown Planning Area identified in KCC 15.09 046. SECTION S. - Amend Section 15 05.070 of the Kent City Code, entitled i "Off-street parking regulations for downtown commercial and downtown commercial enterprise districts,"is amended to read as follows: f Sec. 15.05.070. Off-street parking regulations for downtown commercial and downtown commercial enterprise districts. It is the purpose of this section to recognize the pedestrian-oriented nature of downtown activities while also recognizing the need for off-street parking facilities to eliminate traffic congestion. For the purpose of regulating off-street parking, there shall be two (2) divisions of the downtown commercial enterprise district, one (1) for the area west of the Burlington Northern Railroad tracks, and one (1) for the area east of the tracks. A. Downtown commercial district No off-street parking shall be required in this district, excepting that one (1) parking space per unit is required for multifamily residential development. No more than three (3) off-street surface parking spaces per one thousand (1,000) square feet of gross floor area are permitted for nonresidential development. This parking maximum does not apply to structured parking. The downtown commercial district is the core area of downtown which should be pedestrian oriented. In addition, the property owners in the downtown commercial district have provided off-street parking through local improvement district assessments. B. Downtown commercial enterprise district — West of the Burlington Northern Railroad tracks Off-street parking shall be provided and shall be in accordance with the provisions of this chapter, except there may be a fifty (50) percent reduction from the parking standard requirements contained in KCC 15.05.040 and except that those properties in the downtown commercial enterprise zone who paid into parking local improvement district 260 shall be exempt from off-street, parking requirements. One 20 DSAP Chapter 15 Text Amendment (1) parking space per unit is required for all multifamily residential development. No more than three (3) off-street surface parking spaces per one thousand (1,000) square feet of gross floor area are permitted for nonresidential development except that t: This surface parking maximum does not apply to either structured parking on properties located in the 'West Frame District' of the Kent Downtown Planning Area described in KCC 15.09 046 which shall have a maximum of 4.5 off-street surface parking spaces per one thousand (1,000) square feet of gross floor area for nonresidential development The exception for the `West Frame District' will be reevaluated two years from its adoption and a report made to the City Council regarding its effectiveness. C. Downtown commercial enterprise distract — East of the Burlington Northern Railroad tracks Off-street parking shall be provided and shall be in accordance with the provisions of this chapter except there may be a twenty-five (25) percent reduction from the parking standard requirements contained in KCC 15.05.040. One and one-half (1.5) parking spaces per unit are required for multifamily residential development. No more than three (3) off-street parking spaces per one thousand (1,000) square feet of gross floor area are permitted for nonresidential development except that this surface parking maximum does not apply to either structured parking, or: properties located in the 'East Frame District' of the Kent Downtown Planning Area described in KCC 15.09 046 which may have a maximum of 4.5 off- street surface parking spaces per one thousand (1,000) square feet of gross floor area for nonresidential development if at least twenty-five percent (25%) of the overall proiect gross floor area is compnsed of residential development. The exception for ithe `East Frame District' will be reevaluated two years from its adoption and a report made to the City Council regarding its effectiveness. SECTION 6. - Amend. Section 15.09.046 of the Kent City Code, entitled "Downtown design review,"is amended to read as follows: 21 DSAP Chapter 15 Text Amendment See. 15.09.046. Downtown design review. A. Purpose and scope. 1. Downtown design review is an administrative process, the purpose of which is to implement and give effect to the downtown plan, its policies or parts thereof, through the adoption of downtown design guidelines, as set forth in subsection (D) of this section, for development within the downtown planning area, which is bounded by State Route 167 to the west, James-Cloudy Street to the north, Kennebeck/Clark/Jason/Titus/Central Avenue to the east, and Willis Street to the south. The area, coterminous with the downtown districts identified in the Downtown Strategic Action Plan, is shown on the map following this section. It is the intent of the city that this process will serve to aid applicants in understanding the principal expectations of the city concerning development in the downtown planning area and encourage a diversity of imaginative solutions to development through the review and application of the downtown design guidelines. These guidelines have been formulated to ensure that the design, siting and construction of development will provide a quality pedestnan-onented urban environment in a manner consistent with established land use policies, the comprehensive plan, and zoning code of the city. 2. The adoption of the downtown design guidelines is an element of the city's regulation of land use, which is statutorily authorized. The downtown design review process adopted herein is established as an administrative function delegated to the city's planning services office pursuant to RCW Title 35A. Therefore, in implementing the downtown design review process, the planning manager may adopt such rules and procedures as are necessary to provide for review of proposed projects. 3. All development within the downtown planning area shall be subject to the provisions of this section. 4. The downtown design review process is distinct from the multifamily design review process set forth in KCC 15.09.045. Applications for multifamily development within the DC, DCE and DLM zoning districts shall be subject to the provisions of KCC 15.09.045 in addition to the provisions of this section, except as provided in KCC 15.09.045(D). However, the provisions of this section shall prevail in cases where a conflict may arise between the requirements of the two (2) sections. 22 DSAP Chapter 15 Text Amendment B. Application and review process. The downtown design review process is administrative and is conducted as part of the permit review process. The applicant must make application for the design review process on forms provided by planning services. Upon receipt of an application for design review, the planning manager shall circulate the application to the appropriate city departments and offices for review. Prior to issuing a final decision, the planning manager shall review any ' comments submitted for consideration. In the administration of this process, planning services may develop supplementary handbooks for the public,which shall pictorially illustrate and provide additional guidance on the interpretation of the criteria set forth in the downtown design guidelines. C. Design review committee. There is hereby established the downtown design review committee, which shall make all final decisions on applications for downtown design review. The committee shall be comprised of three (3) members, who shall be appointed by the planning manager under the authority delegated to him under RCW Title 35A. The members shall serve at the pleasure of the planning manager. The planning manager shall, by administrative rule, establish the rules of procedure for the committee, which shall be made available to the public upon publication. D. Downtown design guidelines - Adoption. The downtown design review committee shall use the downtown design guidelines in the evaluation and/or conditioning of applications under the downtown design review process. The downtown design guidelines, entitled "Kent Downtown Design Guidelines,"prepared by the City of Kent Planning Services in collaboration with MAKERS, Architecture and Urban Design and Mark Hinshaw of LMN Architecture, dated September 19, 2000, are hereby adopted by this reference as authorized pursuant to RCW 35A.12.140 and shall be placed on file in the offices of the city clerk and planning services. E. Appeals. The decision of the downtown administrative design review committee to approve, condition or reject any application under the downtown design 1 review process is final unless an appeal is made to the hearing examiner within fourteen calendar (14) days of either the issuance of the committee's conditional ' approval or rejection of any application under this section. Appeals to the hearing examiner shall be conducted as set forth in Ch. 2 32 KCC. The decision of the 23 DSAP Chapter 15 Text Amendment hearing examiner shall be final, unless an appeal is made to the King County superior court, within twenty-one (21) calendar days of the date of the decision. 1 I 1 24 DSAP Chapter 15 Text Amendment r 31 Jy<.V,COLE ST tl1 w LY CICVOt ST t ' North FrQlfle.M ' GE ORGE ST ` =ram;xb'�i- JAMES ST s x , ; _r3= ; _ -••_S" -___ -t3 ; `Central . ... .._._ a �"L!I < } = r Corridor , COrr7NVf eSZ� Z CEDAR 5T r = IMGNEER ST �North } fin r u Y - North Core - Z- __ '�� r ETEMPERANCE ST Se- WLSi _Yi S;Tk}75y� ,y�. Frame C ~i M�f l v N." s ; ; East Frarr�e _ t l, ,Y�MIE,EK�R 5T s , _,.c`WcF.7/f1Z.51 ,E s...: -•Z RE77ENR :? .. Historic Core'° _ = -y � N'GGZ•fE ST y N TITps 57 South Dare Ti nYs s S KENT DOWNTOWN PLANNING AREA r 25 SECTION 7. — Savin s. The existing chapters and sections of the Kent City Code, which are repealed and amended by this ordinance, shall remain in full force and effect until the effective date of this ordinance. SECTION 8. — 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 SECTION 9. —Effective Date. This ordinance shall take effect and be in force thirty(30) days from and after its passage as provided by law. JIM WHITE, MAYOR ATTEST: BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM: TOM BRUBAKER, CITY ATTORNEY 26 DSAP Chapter 15 Text Amendment PASSED: day of April, 2005. APPROVED: day of April, 2005. PUBLISHED: day of April, 2005. 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 1CIv1110RDINANCSDSAP-TextAmendmentlanguage doe I I I i 27 DSAP Chapter 15 Text Amendment r Contents 177 List of Figures a ` , ATTACHMENT C PLANNING&ECON DEV.COMMITTEE n/ DECEMBER 6,2004 FIGURE 1-1: THE PROCESS USED TO PREPARE THE KENT DO I STRATEGIC ACTION PLAN.........................................................................I.. FIGURE 11-2 DOWNTOWN KENT 20 YEAR VISION..........................:..............................II- FIGURE I11-1: THE MARKET AREA FOR DOWNTOWN KENT............................................... Ill- FIGURE III-2: CHALLENGES FACING DOWNTOWN KENT.................................................. III- FIGURE III-3: THE STRATEGIC REDEVELOPMENT CONCEPT........................................... Ill. FIGURE IV-1: ACTIONS RECOMMENDED BY THE KENT DOwNTOWN STRATEGIC ACTION PLAN.......................................................................IV. FIGURE IV-2: PHASING OF KENT DOWNTOWN STRATEGIC ACTION PLAN RECOMMENDATIONS......................................................................IV FIGURE IV-3 PRELIMINARY CAPITAL COST ESTIMATES................................................. IV. FIGURE IV4 RECOMMENDED TRANSPORTATION IMPROVEMENTS...............................IV- FIGURE IV-5 RECOMMENDED PUBLIC FACIUTIES.......................................................IV-' FIGURE IV-6 LAND USE RECOMMENDATIONS..............................................................IV FIGURE V-1: THE KENT DOWNTOWN DISTRICTS. ...........................................................V. FIGURE V-2: PROPOSED ELEMENTS OF THE NORTH FRAME DISTRICT. ...........................V. FIGURE V-3: THE SUGGESTED CONCEPT FOR FOURTH AVENUE AND JAMESSTREET.......................................................................................V FIGURE V4: THE TYPE OF OFFICE/RESIDENTIAL MIXED-USE DEVELOPMENT ENVISIONED FOR THE N. FOURTH/FIFTH AVENUE TARGETAREA............................................................................V- FIGURE V-5 NORTH FRAME DISTRICT 20 YEAR VISION................................................V- FIGURE V-6: CENTRAL AVENUE CORRIDOR AND WEST FRAME DISTRICTS. ...........................................................................................V FIGUREV-7: DESIGN ISSUES THAT NEW DEVELOPMENT SHOULD ADDRESS IN THE CENTRAL AVENUE DISTRICT IV-....................................V-1' FIGURE V-8: DESIGN ISSUES THAT EXISTING DEVELOPMENT IN THE CENTRAL AVENUE DISTRICT SHOULD ADDRESS...:....................................V FIGURE V-9: CENTRAL AVENUE AS IT EXISTS TODAY...................................................V- FIGURE V-10: HOW CENTRAL AVENUE COULD LOOK. ....................................................V- FIGURE V-11 CENTRAL AVENUE CORRIDOR 20 YEAR VISION.......................................V- FIGURE V-12: PROPOSED ELEMENTS OF THE EAST FRAME DISTRICT...............................V- FIGURE V-13 EAST FRAME DISTRICT 20 YEAR VISION.................................................V-- FIGURE V-14 VIEW ON WILLIS STREET NEAR UNION PACIFIC RR TRACKS.........................V FIGURE V-15 PROPOSED ELEMENTS OF THE WEST FRAME DISTRICT.............................V Kent Downtown Strategic Action Plan 9633RPT5DOC4/7/98 -- Contents 178 FIGURE V 16 WEST FRAME 20 YEAR VISION................................................................V FIGURE V-17: PROPOSED ELEMENTS OF THE SOUTH CORE DISTRICT............................V FIGURE V-18: ARCHITECTURAL DETAILS APPROPRIATE IN THE SOUTH FRAMEDISTRICT. .................................................................................V-- FIGURE V-19: HOW LANDSCAPING CAN DEFINE OPEN SPACE AND ADD TEXTURE TO A BUILDING........................................................................V FIGUREV-20 SOUTH CORE DISTRICT 20 YEAR VISION.....................4............................V• FIGURE V-21: PROPOSED ELEMENTS OF THE NORTH CORE DISTRICT............................V FIGURE V-22: EXISTING CONDITIONS ALONG RAILROAD AVENUE....................................V. FIGURE V-23: A CANOPY ALONG THE INTERNATIONAL PARKS............................4..........V FIGuREV-24: AN`ALL CROSS OR"SCRAMBLE"INTERSECTION AT- FOURTH AND SMI"STREETS................................................................V- FIGURE V-25: PROPOSED PERFORMING ARTS/CMC CENTER.......................................V- FIGURE V-26: THE PROPOSED KENT PUBLIC MARKET BUILDING, COURTESY OF THE KENT DOWNTOWN PARTNERSHIP...............................V- FIGURE V 27 NORTH CORE DISTRICT........................................................................V- FIGURE V 28: PROPOSED ELEMENTS OF THE HISTORIC CORE DISTRICT....................... V-: FIGURE V 30: FACADE AND INFILL DEVELOPMENT CONCEPTS.......................................V- FIGURE V-31 CONCEPTUAL DESIGN FOR COMMUTER RAIIL STATION..............................W FIGUREv-32 HISTORIC CORE DISTRICT 20 YEAR VISION...................................V- r . � 1 . 1 t Kent Downtown Strategic Action Plan 9633RPT5DOC-47N98 � l 1 � I t 1 I 1 1 %I 3 K� 1 '� t�r� 1 ..o�sl •� Aq 1 � 1 Ili w.sr e�.r d 1 I I e • ; 1 1 • � i �. •.r li�w.•rr 1 4 Ma • 1 rrl R�rwrrl � I .�....... il.Ir.n11Ma1 wiwr•. w rl. r r M lill r Irrw �'� 1.11.M+.wr � r rr.l Ar.� •IA.ri z z z M�a Corgi F%' "s f•1. rhO iDON P�•s we$used 16 oreoare rho Kertf Oowntovm SnFepac Rchon P1ort (199 s) m Z= moo; mmZ N< 00 m i t AM -n j WN c9 ,11 (, v w• ) S H 1 ( li f A 1 ;.;• 9 is fil 9 P. y SL SLkYx r.■ -- 1i►��Y� tp U. � i7• i U 11 3C n ."��I._...... ■ .. �„n.t ,.,, 1 ..•..�x,..r 1`A9�Hell�„ �� �a dg => ��' roii ;� ' ti',it ,l_ �� � :e l�s 1, + � .��r.• 1. I Pa IIIIf ��� ' 3 �x ^� i¢¢ OJYa„yy„yr (� _��� •__ — ly 1:�I IIYI r •••666�1}y g g QQ 1 wa lyy� bl.r(tat 14,, p.. II W11, 14 Y M a �� � " 3 8 g �� 1 ,g,icnn■fir.!" p-i t-,nr �� r 1Ir I i t t t 1 -.� a •N rFe � we ✓� r � - _...i ` 1.� ' ` r5 .. • fir+ 4 _ � ! _ tir-`y _.\a �.w..��' '•.�-» ti �'•, T ILilrrkE13rui gordowtulow:! Ker;., (1998� i I t 182 Planning Concept I feasibility of raising the necessary funds through grants and private contributions. . The result of that study will affect whether the proposal will be pursued in the immediate future. 1 ' 1 r el .t 1 . • M 6VV Figure 111-1: Market area for downtown Kent — Market Rate Residential One-third of the residential capacity for the City is in the downtown area. In order for the downtown to approach this capacity over the next 20 years there must be successful projects that can demonstrate to the development community that there is demand for market rate housing. The best opportunities are single-use residential • Kent Downtown Strategic Action Plan 111-2 i 9633RPTSDOC-4!r/98 183 Planning Concept vwk-o~,Barriers and poor Underdeveloped and connections separate unsightly areas present downtown activities. I poor impression of downtown. ILI 40 Il,a IFM - I1 all -11 4 ell ;::•;• ` P .., t �� alp � ° nb Al YI� ug r I arf n a. Z 1 I�p • u. t lel�nl y;�o owu I u.,t}' _ rp w10jr . t q9"0 r LF ——— N to Leynit ®Key CWMWcel bwW.Ve ---h wowed>wmftcWn ®POb No down$pate ,.knMM M pubet SWOCUM Figurellf-2.Challenges facing downtown Kent. Kent Downtown Strategic Action Plan III-5 %33RPTSDOC-417198 184 Planning ConceptAll , Goa 1023 � i i 1 � 1 it�S�Ui-`1'��' (•f-R^^,^,�•�p- � �� � �" `�"l-�'"'��.1::�_I 116 10 El h AvenuesNorth of . ii James Sheet ,� L 3N�inA Ela Central 11( 0l ,01 Avenue . Smith Street i LLD a Il•' South Borden ; I• ,,, �t- 1 Borden Site Site 711 Fourth lilt Avenue 1 - - b ; =• �- Historic r`fn Do Streets in Core :O.,�= Southern �''ez i Core T,-�--- e t.k Ef.f i, South Railroad Corridor am—"',._ Dill) DA�l�y.D-Dg� �D r.+V ' • w w �r "� T f1 • t 1 Figure tll-3:The strategic redevelopment concept. Ill-7 Kent Downtown Strategic Action Plan 9633RPTSDOC-4 1`7198 �— 185 Summary of Recommended Actions Master Plan and Upgrade I .1 I ; -"� C1l-R - ,-, r rLi� •�� Commons Park ! ��"'"!-' F- ; f Institute Design Guidelines Ps 3 access 'kna y pp �t For Residential and Office Areas .Drama --�-:'Ir-fa "•. e Layout9 uss -� ,. ,, __•a bl�y� ,1 •Arhbw ru9h 4�N- � smaller solo development Rezone To Allow o,o?� i A / - a•, r b�P I Plan For Future Of Borden Site Office With Mixed `.y,Z_ I� Wit= eCreale high quality Use Overlay a- --�' tl gi CIoud Stres �? r_ development access •Retain sneer access "Pedestrian .� �.a• '��, yl • , il— •Institute tlesign awdehnes All Cross Possible Rail Grade Separation r U Intersection i yir3 I -a �1 r Junes shoe - -� L?_ Focus High Quality Development North or Smith Stnetsape improvements Existing I �a i •Guidelines tomake Park 8 Ride _ compatible with Radon site R.J.C. oL----- O Potential i e as 4, - Improve Parks Civic Square ��._ �,,, d�f� . •/� I rTo No Provlt ide Key tti. Connection 'NM over Roo Encourages i ••• r , d ]L, i l �+ , -� Create a Trail Development = l� I Development i t a - long Mill Creek, r II �I1 bT f I Linking Mill Crook tU� Meeker yrDow, ''e e Park w/Kent Memorial Park R' ee 1' e _ ; F yp _ I II upport Market ; v l r' s i •.� c. N 12' L e: Refine Design Ae ess' �jlIi s, -- rrus Street , ve, Guidelines To Build Roadi Quality Residential ;; �" I • I � � win, j 4 Neighborhoods And I all Saar Street Q�� —• as EnsureCompatibility I—' whoa street o I w �,. With Commercial Improve = Bike/Ped.Links To op,— 8 Public Uses Downtown From �>/ � Interurban Trail Design Guidelines Commute Central AvenueStreetscape Improvements To Encourage Infill Rail Station Refine Design Guidelines Redevelopment w/Parking Structure To Upgrade With Residential Comportment end: Corridor L end• Enhance 4th Ave. ®PuaYe Faettpt,s Q Redevelopment a R g g street Corridor Opportun kbs Improvements r�I Special Dlstrlets Core Area LJ with Design Guideline I� --� eike/Ped. Design Guidelines -Parksl0pen spsu OGateways I f r Links To Encourage Mixed-use rafts"station Infill And Reinforce Historic Character Downtown Kent SubArea Action Plan Summary of Recommended Actions 1 Figure IV-1:Actions recommended by the Kent Downtown Strategic Action Plan are summarized above. ' Kent Downtown Strategic Action Plan IV-4 -9633RPTSDOC- 7M 186 Summary of Recommended Actions RECOMMENDATION YEARS 0-2 2-5 5-10 10-20 Timing Issues A. LAND USE A I. Redesignate SF-8 area between Fourth.and Ctry to revise zoning. Fifth Avenues N.to limited officelmixed use residential A2. Prepare for Borden site master plan proposal A3. Promote infill housing As needed to promote at least lS00 units.A4. Encourage mixed-use development As needed AS. Study impacts of pawn shops,bail bond offices, and tattoo parlors B. TRANSPORTATION 81. Develop commuter rail station RTA working with Giyfor timely service B2. Construct street improvements a. Fourth Avenue b. Second Avenue Triggered by site development c. Smith Street Linked to rail station connections. d. Central Avenue Highprioriy. e. Saar Street Triggered by private development ' f. Meeker Street High prtoriy g. Seventh Avenue Property owner initiated 83. Plan for underpass at James and Willis Determined by Regional Fast ' StreetslBN&SF tracks Corridor project B4. Install pedestrian"all cross"at Fourth and Links RJC to core Smith ' B5. Adopt street tree standards Wo C. PUBLIC FACILITIES C 1. Upgrade downtown parks a. Locate a Town Square b. Enhance parks along railroad Could be incremental effort c. Masterplan Commons Park High prtoriy d. Develop street tree plan C2. Enhance Gateways a. Fourth and James b. Fourth and Smith c. Fourth and Meeker Supports rad station d. Fourth and Willis e Fourth and Meeker , e Central and Meeker f. Central and Smith C3 Add public buildings a Performing Arts Center b. Public Market c. Rail station structure C4 Provide trails and Paths Kent Downtown Strategic Action Plan IV-6 -9633RPTSDOC-417r91 i t 187 Summary of Recommended Actions r • RECOMMENDATION YEARS 0-2 2•3 3-10 10-20 Timing Issues a. Links from Interurban Trail b. Path along James Street c. Mill CreeklKennebeck C5. incorporate public art Continuous effort D. DESIGN GUIDELINES D1. Refine design guidelines a. Historic Core District b. Central Avenue Corridor District c. Smith and Fourth corridor d. East and west of core e. North Jamescorridor Li I E. TARGET AREAS El. Explore redevelopment opportunities a. Obtain Smith Street right-of-way b. Work with property owner on Borden site Triggered by private development c. Fourth Avenue d. Central core historic streets Ongoing effort with KDP. I e. South Core District Begin residential development incentives.f. Eastern core • g. Central Avenue Corridor District ' Figure IV-2. Phasing of Kent Downtown Strategic Action Plan recommendations. ' Kent Downtown Strategic Action Plan IV-7 -9633RPTSDOC-4n/98 188 Summary of Recommended Actions Recommendation Cost Suggested Funding A. TRANSPORTATION A 1. Develop a commuter rail system. S6,600,0W. Central Puget Sound Regional Transit Authority,Sound Transit A2. Street Improvements' a. Fourth Avenue S1,172;578. City,federal grants,developers b. Second Avenue S883,256.1 City,federal grants,developers c. Smith Street S1,525,461. City,federal grants,developers d. Central Avenue Undetermined City,federal grants,developers e. Saar Street SI,I 10,6g4. City,federal grants.developers f. Meeker&Gowe Streets E.of First S565,597. City,federal grants,developers g. Extend Seventh Avenue S.(Naden Avenue)north of Willis Undetermined Developer h. Install historic street lights S 166,523.(Meeker St Example) City,merchants,property owners A3. RR Underpass of Willis&James Street $13,000,000.for each underpass State,Federal,Crry A4. Install pedestrian"all cross"at Fourth S 103,000. City Avenue and Smith Street B. PUBLIC FACILITIES 131. Upgrade downtown parks a. Town Square Park $720,160 City,state grant b. Enhance railroad parks S216,300. City,state grant c. Master Plan Borden Park $40.000 d. Develop Street TreeNeg Plan $35,000 B2. Enhance Gateways S824,000. City a. Fourth Avenue and James Street b. Fourth Avenue and Smith Street c. Fourth Avenue and Meeker Street d. Fourth Avenue and Willis Street e. Central Avenue and Smith Street f. Central Avenue and Meeker Street 133. Three new public buildings a. Civic and Performing Arts Center S13,800.000. Public voted bonds,donations b. Public Market $640.00. Private/public partnership , c. Commuter Rail Station Structure Undetermined Federal.state.RTA,city B4. Trails and pathways Undetermined State,federal grants,city a. East(West►inks—Interurban Trail , b. South side of James Street trai► c. Pedestrian/bicycle route from Mill Creek to Kent Memorial Park ' d. Green River Trail to Commuter Rail Station—Central or First B5 Public An Undetermined City,annually funded program, donations,grants Figure IV-3 Preliminary Capital Cost Estimate Kent Downtown Strategic Acbon Plan IV-9 4633P.PT5DOC•-4/7/98 189 Summary of Recommended Actions e� lg 1s1+i ---If ; 64-Plan For Underpass IERN �'d 82.a _ , . �I �Q - li t r ll r r O ' _ i 1•d'': '� U `�;,•u , �i Q• oa 9{t[L70fYr 7 82.b �. i Fade a._J,.."•...i —• law � • 1 1 ; = 1 B2.c W 1 B5- Install o� 1°a°�:a�"� `°"��v `° ,g"=�14 Pedestrian Friendly °,'-'�'"� : Crosswalk System "All Cross"or "Scramble" g � s'ir ,, ' •a$ `O tN ,ir,Ef.QO f:J o 0 —z+ -- 1 It {l : ,{ �'•'•y Eg '�= `-1 �'o Al ra 'I r crr B2.d �°� ._A Lupo a lot AID MONO WOOMMOON, A I � �r lL:�l�a-.� k;1 e 1 TA-{c• o �� �� 1, . Legend: B2.g 'tea-snnnwt Buret oansaDO stredscape a a�Mrprove offt nnuaar Improwmants Pedestrian"AN Cross' n 82.e Intersection OGabrwap I i Possible Underpass �a Transrl5tation ' Downtown Kent SubArea Action Plan Transportation Improvements Figure IV-4 Recommended Transportation Improvements ' Kent Downtown Strategic Action Plan IV-10 9633RPr3D0C-4r1198 190 Summary of Recommended Actions 7 Focus Support �`"I Upgrade special /1%��Improvements f proposed public districts and on connecting facilities to add L.� target areas with ��downtown wide-spectrum redevelopment attractions. of activity. i opportunities I' I i •• {I �,I G r �• 1 r E 1 '1 fir• : 1 ITO I ,( A i r„ram nf° n MA Ail"9 r ):-i', f l w Wpl i ' rl( I lr IrY'o+r IN r' + + ' 8 I I�� tin ny�ttil�•� Y� _j ,�[/�, . !• VIf.IL .aw.0 .. U♦ AA Y0 Aqna t !O n I I f iI�� �1 r j •1 �+Itr-.�p ff Ir ,I :Yoil IVI . I 0 `�'� �� t3 I �$!C11C1�-'I x ,p, _{ , '� �c i� p n•.1 . Key CMWnWCW Irt,i N M ..•.•MrpwYA 014,IKim ®PYk°"aw"MM -W pWtW PubI C°Yr°CtOnY Figure IV-5 Recommended Public Facildies Kent Downtown Strategic Action Plan IV-11 -9633W5t3oc-417/91 191 ' Summary of Recommended Actions D�- �p j ' A.1 - Redesignate t ��� ;�+ i To Allow Mixed-Use 0'� I/ I o r And Multi-Family P- Residential Uses r � •��� � •' � fib � ; � '�� —f � ,%` , re oil 0 fit__-! 59 I r a + "'Rai A _ ^� :�;� •�' ,1L. D c� a. �. gip; .3 Encourage � I , ;I i .;r ��-yy o D' Masterplanned j� ICE?. - I,�,1 j ! °_ � ! III s oi'�� Mixed-Use Redevelopment u � C3 ba 13 ! ` 2 jrr CIA�;��(��' a.�uup•nno$��� r�E •i i — CL if Downtown Kent SubArea Action Plan Land Use Recomendations Figure IV-6 Land Use Recommendations Kent Downtown Strategic Action Plan IV-12 -9633RPT5DOC-4n/98 C- Oft 11006 6 "� 3�� l• I(n27y� — n' N b �•J, O`l�f '(((o ff {-' i P , ` D , � ' � _FEa� � D � � I k' I I -' (�• } rot I 4ii 3 cob t e _ RR�tttttt + �1� ail H• - d c 0 !?nn D ! VN'i M o��,.__����� rl i�4 J(��i' • � •••�.', .(::'.:. 'lJ� 0 ( �,��{0.1 � ' O`S1, j] � ! a�(&• ��A.a��.°aoq'�L�7s+.�'.�- •` iCJ��� � N N 193 Kent Downtown Districts r Institute Design Guidelines For Residential and Office Areas Improve Local Circulation 3 Reduce •Achieve high qualdy- Impacts of Through Traffic smaller scale development i i / ( .Open Cloudy Street •Open F./W commercial street_ •Cut de sac 1st,znd a 3rd ` f o �J1 Master Plan and Upgrade I o fff Commons Park to • El Pariung&access ! {I . Drainage . Layout/use r+ --- yr. ❑ . t� O t� Plan for T; / e Possible Rail Grade = y ctf c [o o Separation �� Street IN F i r j 1 —w+#AMree 57 I ILI � i i � f •rrliii'���.. j ' I I I c Rezone To Allow Office With Mixed Use Overlay Construct Gateway Elements • screen Parking Lot C tea' Zia' iii' 1007 N Sees IT anars �aa� �. I , Legend: ®Public Facilities Redevelopment a a a a a 1 street =Opportunities Improvements H I it r---I specut olstrtab I1 i,__,.J with Design Guideline O Bitter Pod. -Parks/OpenSpace Gateways I I Unb i Fransit Station Downtown Kent SubArea Action Plan { r It , I North of James Street Area Figure V-2:Proposed elements of the North Frame District Kent Downtown Strategic Action Plan V-4 5633RPTSDOC-47/ee r i M I`ERSECTION CROSSWALK , -. DESIGN JifSGGj �M�'ta�"f.G�. �y r DOXVN TOWN I STREET L h r 'y SIC;'MAG i IV IA IUEN9'.OfI:%TiC}i'i DFrAII.S SKiNI iGI . r `^ ' LIG1:7- , b i t 195 Kent Downtown Districts ' — Provide Gateway Improvements at Fourth Avenue and James Street. This high traffic intersection close to the Commons and the Regional Justice Center is an important downtown entry point. The unimproved Borden-owned parking lot at the southeast corner could be greatly enhanced by a sign and landscaping that complement the architecture and plantings of the public facility.A wall could incorporate the buff color scheme of the Commons and Regional Justice Center and perhaps echo some of the building materials and detailing. A design team that included members of the business community,an architect, a landscape architect, artists and planners recommended a distinctive crosswalk pavement design and distinguished streetlights. INTERSECTION - I CROSSWALK DESIGN t RWEr NAME DOWN TOWN STREETK E N T SIGNAGE ' SIGNAGE MENTIFICOMON DETAILS SIGNAGE 2'X 2' ' GATEWAY LIGHT Figure V-3: The suggested concept for Fourth Avenue and James Street. Development Target Area Actions — Encourage Ofrice/Residential Mixed-Use Development at the N.Fourth Avenue/N.Fifth Avenue Target Area As noted above, the plan promotes the conversion of the single-family area between N. Fourth and N. Fifth Avenues to mixed-use office and multifamily residential development. These uses will benefit from proximity to the park and the visibility along Fourth Avenue. Also,they will be less adversely impacted by the park activity and traffic) Figure VA illustrates the type of development that is envisioned. Kent Downtown Strategic Action Plan V-5 9673RPT9=-*7M 196 ti ri Ins t y5igk 1 • T k t I } 4 I 1�7 1 �...11 ` . r• 1 � �i� 91 Az L 1, LL L r 5 Z-17 , F izi lk =3 LL 197 Kent Downtown Districts I I Y I I . I I Ili I ' Figure V-4.The type of office/residential mixed-use development envisioned for the N.FourWFifth Avenue target area. Finally,the City should administer district-specific design guidelines to ensure that: • Development presents an attractive building face and/or landscaping to James and Fourth Streets. e Site improvements do not negatively impact projects to the north in terms of noise,traffic,air quality,sun/share,or visual intrusion. e Development does not result in houses converted to marginal offices without substantial redevelopment. Although on the periphery of the downtown, the North Frame area merits special ' attention. A master plan for the Commons Park could begin to address important issues. Redevelopment of land along the N. Fourth/Fifth Avenue corridors north of James Street will provide opportunities for additional housing in a convenient downtown location near recreation resources. It will also provide opportunities for office/housing mixed use or housing near offices. Finally,as one of the downtown's most important entries, the Fourth and James gateway merits high priority in the proposed gateway enhancement program. l Kent Downtown Strategic Action Plan V-6 96WPTS000-4,79! 198 Kent Downtown Districts Upgraded Commons Park with improved access, drainage and parking..•: ;..Office mixed-use development Cloudy Street connection • l •• U. b a Q Q { A O » e p rr U Q R M� C fl a o g d 3 J nLa Q James St NOW ruocc , al>ttu nin aD g•p � I oo aT I rT L r ^a Common :-Gateway feat t1 C LL ' a Pedestrian connections James Street landscaping .a ri and sidewalk improvements ; m ' Grade-separated railroad . crossing as part of the regional-: Fast Corridor project Downtown Kent Strategic Action Plan III ! North Frame District { I F. Pfease Note: The vwiafrrabw is a conceOuaf interpretation of growth management polkas and Do ilovm Kent Strategc Action Plan reewrowndahom. It does not represent a specific reconvnerdabon for any one pa=L its purpose is to provWe an example of possible buddnp lift nThdng height iombon•use,densty,and sae amendas r Figure V-5 North Frame District 20 year vision Kent Downtown Strategic Action Plan V-7 I e613RPT5DW—AOM � _ - - 199 Kent Downtown Districts _ Possible 11 , ` It Rail Grade Separation 9 I i ' t �" � �+ °fl4l:'�!ofQ� a,°i�0 � I Improve Smith Street games Stree At Railroad t '� Improve Parks � To Provide Key NorthiSouth I` Connection �d r o � " Create a Trail C— Cp Along Mill Creek, �!i Linking Mill Creek 1 i.a`,,•f, a =" 18 �.0 0 Park w/Kent Memorial Park ib • �' Support Market a Refine Design ,Z Guidelines To Build .JHeeker srraer ■ ,; V*. .�_• , Quality Residential } I �!.•q. Neighborhoods And ?I' GolveSr ; � Enure Compatibility With Commercial ( ! I o c 4: 3 Public Uses ',°A ai Extend Meeker b rtua Stn :C, y • ,!Kn ..� `__ Gowe Street Improvements Q4( � • ^•, 4 :`� "i •b- To The East �jy r8�tr�eet Q � �L O..` g.-�� � New Parking Garage sl1LM - e - ` �`Ei3i �i cQ Between Titus& � � � t� I a ��i :�" I� .��s:— �-L' Gowe Streets • „I ar M „W ■M` Improve Central Avenue Streetscape Commuter Refine Design Guidelines ' Rail Station \-..�o Upgrade Commercial Corridor I Legend: ' t Redevelopment /////il Street Public Fsci itles oPPorturdWs Improwmerds i 1 r--I Special Districts �I I t_—J with Design Guideline 1111111transit .JL special OWbw:ys ,�"Mtsooctian ParkslOpen Span station Downtown Kent SubArea Action Plan Central Avenue Corridor District Figure V-6:Central Avenue Corridor and West Frame Districts are illustrated above. Kent Downtown Strategic Action Plan V-9 9"XWT51)OC-N/9e 200 Kent Downtown Districts , c+.M..M...t..4aW.M.. , AICE , 0 ' ►www,Mw,ww AuM r WM.ewMy by MnM IMM f , ` AKrr.,.Y MM1ruN 1 W"bood" 1 M...,MP.e....M W Y,.««.u...WWs.,WM Jobd w bnkU W.UOWUft �:r Mwb..ba M 8 t� Figure V-7 Design Issues That New Development Should Address in the Central Avenue District. , 1 Kent Downtown Strategic Action Plan V-11 9637RPT30=-4qA! 201 �J �— .•—Co.r/r1�n�r J/yrw•i+rrrwra..r ',C1 I ; aNca rnd i.+.�.d Log n..a.•nn f ' r .rr. I � � P y rM W..4r..r.•1 L(aN....+J.Yia Mae.r..t..�w �• '•�t•y y r � r QAI 1./y.St.ed/rMa Sir•..mt.rr W.y..qU WIN IN I•h•I TlId Or11JM1.70:i�•'•�. f 1 r r �. onn Ile It } w1..Y1 .p�. ` ,• •� �] a+i r...a•,.1+J cwvr.c:.ua vn ' Gn.s.r..at:Ynr:lfl/wNu.gr ( YI.r..JJ.1.Y ry stnr:rr.M.K.....r It ~ J 7 .•1.044ry .0,., 'fat• wo....1su...cl.o.Ww'.h"m II} r'/GR:ry V-ig:Li68:tija7 "s St/GAL T►,at ►^c-vel*pp7.To,-,% i1'1 ii,c'CEr?trRi Arw PLC C1r5It1ct `Jh U.1.1 fA 1 202 , Kent Downtown Districts ' Laa--.w M7ara"awal be ad bark and 1 o WN Aw rwMMrM Wade. r Man!aam gm deal mews i.aaaMMM wwmaa laced.waw al.ylqAt aMNsyti rrMr PRYrYM p aMI NMnMIa Qn10A ltlaaaallla w iar MmM yW par"Mad llll.a aMY w Mayral M MYIMM'a a.aMlaalw �o y QO ■, \���fewako al aaaYa , anaa la nary UNWM 1 ® NOW.• caaa�« ' Ye...a DA».alaa.a•law"&Wdaranaaa O ` `�.aAY,late b..M,wa , w'"Ific Iar anaaw aMkYnry am � ® ` naaaaaa r Y.rar Mnaaaya �� .wan and wlYw�Y awaaaa Figure V-8.Design Issues That Existing Development in the Central Avenue district Should Address. , Because Central Avenue is many people's first impression of downtown appearance and , development quality, the corridor is important to the whole downtown image. For this reason,corridor improvements should be given priority. Successful arterial improvements in other cities in the region have demonstrated that upgrading Central Avenue is possible if the City and property owners work together. Kent Downtown Strategic Action Plan V-12 9633FWTSMX—4MM 203 Kent Downtown Districts i y 1 ' Figure V-9.Central Avenue as if exists today. Yl Figure V-10.A Visuahzatwn of How Central Avenue could look ' Kent Downtown Strategic Action Plan V-13 9633RPTSDOC-WYM 204 Kent Downtown Districts ' UL Grade-separated railroad crossing ........—. James SL ' + ,-1' m =� U S r s � e y, i v Redevelopment on Central Ave. t l supporting Commuter Rail Station....... t ' Smith SL Public Market......................... a ,Gateways on Smith and pia c:_ Meeker Streets ........................`� ;♦l�=�� Meeker SL Intersection and east/west sidewalk ? , improvements at Meeker and Gowe .� I Streets ................................• Incremental redevelopment according I "' t- Titus SL to Central Avenue Corridor guidelines... ' Street trees where space permits........r,r I Q am ti ° c- a �c i Downtown Kent Strategic Action Plan „ KIl( � Central Avenue Corridor District Please Note: This vauar¢atan is a conceptual Interpretation of growth management policies and Downtown Kent Strategic Action Plan recommendations. It does not represent a specific ' recommendation for any one parcel. Its purpose a to provide an example of possible budding Infill,including height,locution,use,density and site amenities. YA. 1 11111 b I 1 Figure Figure V-11 Central Avenue Corridor 20 Year Vision Kent Downtown Strategic Action Plan V-14 9633""aow—Ur/9e 205 Kent Downtown Districts , Ili Create a Trail pP I ' 1 Y r1�e a n(�1 ,; i r � , I �,Ir - _ ,q-�f Along Mill Creek ' i� (� ;� fillad,a t] JQo�o Linking Mill Creek Park wt Kent Td '�yljr o Memorial Park CDR agoa,Ingo Refine Design Guidelines To Build 3s_m 8trcerf$",�,,e Quality Residential i jnT �• Neighborhoods And L Li . + Y c Ensure Compatibility jr I With Commercial &Public Uses .Meeker Street _ +• "Gowe Street M C?I Extend Meeker& ',al'„ffl Gowe street -nrus scree — ' Improvements -��° •i' To The East - i i a D) `�� --;.a '� i,�. ° Improve Central Saar street— . Q, > b l u p(� + P� ; ; a r' G' E.I! Avenue Streetscape o lea ,• �' •6'_'r -� Refine Design Guidelines !.or3 °4,(1 To Upgrade Commercial Corridor EIJI Legend: ' j ®Public FacilitiesQ Redevelopment ////III IIIstreetopportunities Improvements I I 11 1 1---I Special Districts �L special with Design Guideline 16 'Irransit OGateways ,rintersection n Padwdopen Spa Station Downtown Kent SubArea Action Plan East Frame District Figure V-t2 Proposed Elements of the East Frame District Kent Downtown Strategic Action Plan V-16 N MnPT5=-W)W 206 Kent Downtown Districts 1 James St. ' Q o Mill Creek/Memorial Park Trail 1 C mith SL l '. .........._Senior Center i7 .... i.. Downtown gateways at Smith, 1 nQ �``r�: Titus,and Meeker Streets lr ........... ......Residential development ' .. j '� .... :... Pedestrian improvements on �'- 1 ,, � .. �•t•�' � Meeker and Gowe Streets I i1 .•I•„., .......................... Central Avenue Corridor r�t.�.. . -IceImprovements and redevelopment, i f l Downtown Kent Strategic Action Plan 1 East Frame District 1 Plea"Note Thn visualization is a conceptual merpretation of growth management p0laxs 1 I 7 r and Downtown Kent Strategic Acton Plan rewnvnenoations. It does not relxasent a soeoft racortvnendatron for any one parcel. Its purpose is to provide an example of possible ouawas ' inn.including begot.beaten.use.densay,and site amenities 1 Figure V-13 East Frame District 20 Year Vision ' Kent Downtown Strategic Action Plan V-17 ' 8ti7JRPTSDOC-N/aa ' 207 i ``n,. ,_ `".T .lt, .ti.��' t[ r '��.ti '� I •-:c"rz^'� t � �v+ti,fir•. ,r-;1�I •'-'yCvL1 p ��.r ��•Y ,.��1 I� -'iJ ��� � � � \ ! • ""i i ` r 4 Les n '^^ , P ,r ;y I 't S ` 7j. 1<•,'.• 1_,`„r' . lAr 6�67- i ti •' ib.� ` �Ii�•t �' S ' ��'`t ^� 4`,-ems-'•, ��a� „����•�.���—•:-T_.�� I.yq,`•{. '7~l'�i- ,�C'�'s•,:� �r�•`. r_.i `y a • '1 .� �y� / }'ll`��f Y.:.-y � L•�..,C •1.� .•.�i�ti/�` - :`lam :r,ti, , i 1p *� !Y _f 1 r ( �•�' H �. `^^+'y .•�f` ;• 3 .i�t.�; 1'rr r 7 i .-••••' .,,r_I•.• ; h �r-}IJ�iIG`.+:i..��,r~` �.+�;ti��. .,P 11r./�„•e i'J'e'r'ly.: ' I��y'T6'�y�`:d�� ' c7�V h `� �'-• ,LA�_ti.-. r "'H.,1+�v ae71. • J, •,!`. ;w .. ' — �'•i.,':.'f2 V-:d C�:l$ir.•KJ V.Y.'tV Zi?'.1 jrriL'• Vi tV Vr Jr`r`; t 'X • -t } r r a ow `+ E1 G�+GSA:lLr 7mv#-moofr -won. t%LYtS Sfreer nor A4 f TP. Ncycli c��r.•es:r.'�n t;r3 !ct�rlr:e_6n�; sew.f;wn so(he ►;derl.tan 'rats. [:rder's e"d 1.71pro'l'lerwovs. and oov/I?1rXE':i-r,'Sr? iE$117C1;1'e1r LiEb'�r�,•,?mer7f a1cng Saar SIra&t 208 , Kent Downtown Districts 1 h •tR,r� f _ram �. ` � • I� , per i � Wl1aF;"" try r+' •f ,` A 1 r✓ r e of ftr4 ✓ram °tr, Nw:gm `• 1 J eN r Figure V-14 Existing view and the view with the proposed improvements along Willis Street near the Union Pacific Railroad tracks. Note the bicycle pedestrian trail connecting downtown to the Interurban Trail, 1 greensward improvements, and new mixed-use residential development along Saar Street. Design Guidelines 1 Design guidelines are recommended to ensure that the new development comprises a 1 unified whole with compatible uses,integrated circulation,adequate capital facilities,and attractive amenities. The design guidelines should reflect the type of uses proposed by the property owners. This particular district would also benefit from large site master 1 planning so that project review might involve a phased site master plan concept. Kent Downtown Strategic Action Plan V-19 1 9MRPT5000-417M 1 209 Kent Downtown Districts s t.r fr or NOW n C f � 1 Master Plan and Upgrade Lj Commons Park PDn niye access � . Layout I use i Improve Connections To Park / 1 '❑ i . � _ a . Interurban + Trail I Park&Ride will be phased out ' �j , 1lr �� � � L and parking transferred ,;, •il' Ric to Rail Station. Area may be available for development Encourage = �' � l � 1 ' '• _ Mixed-use -U I, ;i ![ram�LZI Development D a, ' r i Il1f � II lI i .01 , I l l o r Improve '—a �_ MeekirSMeet Bike/Ped.Links To OU I. Downtown From s •l!' Interurban Trail s street 1. New Access Road .7 i 1 1 By Developer i e ' ' �— to �l Legend: Public FaclatMa RedewlopiMrit a a a a a 1 Street ' f opportunides improvements special Districts r" •_- wHb DesgnGuk7eI1M OGateways 1 9ikelPod. i, ®Parkslopen Space U Links _ h cul-0e•sac IL Mnsit Stawn ! - '- Downtown Kent SubArea Action Plan West Frame District Figure V-1S Proposed elements o/the West Frame District are iNustrated above. Kent Downtown Strategic Action Plan V-20 eessnvrwoc—4fl9a 210 Kent Downtown Districts ' ...'••••••••••-•ilnion Pacific Railroad James SL • r a11191 all+p •• QI111 D •.. as a D "' • Interurban Bicycle Trail all 111) do a D Go QOID 4111 BO:10 , 4IIIi7D ' tt.d LO,JID •1 q rtro fI V all t0 11I0 q e1011111b ••••... � R b1 i Im D Metro Park-and-Ride 411ua lift u f '11IID01ID 4 1 e 0;,a011 D Smith St. , � p� G .......Better parking and access to d the park o Q Meeker SL J I I ~ New office,retail, residential• and commercial activities In a 3 a masterplanned development �. a / !i n trice w .............New access road off Willis Street - —Trail connection from Interurban Trail ' to Downtown Willis SL lm f' Downtown Kent Strategic Action Plan West Frame District ' I1 I 1 i Please Note; This visualtabon Is a conceptual interpretation of growth management policies 7 :r and Downtown Kent Strategic Action Plan remnanendabons. It does not represent a specific recommendation for any one parcel its purpose is to provide an example of possible building r rnfi0.including height.I=Wn,use,density,and site amenbas Figure V-16 West Frame Distnict 20 Year Vision Kent Downtown Strategic Action Plan V-21 96MPTSOM-47/9e 211 Kent Downtown Districts - Enhance 4th Ave. Corridor Improve Bike/Ped.Links To Downtown From Central Avenue Interurban Trail Streetscape Improvements Refine Design Guidelines To Upgrade Commercial Corridor tTRi al MeekerStmet q ��J ry-7 ' C I 2 rIV LM ;0 Q T � O a f fl J. in :mil A—; Ir-=— i�vp Dobulnbl I df'e, a li South Core Commuter Redevelopment Target Area Rail Station With Design Guidelines and Parking To Encourage Mixed-Use Garage ' Residential Redevelopment a "r aas ace wm e � I Legend: Public Facilities aO m edevelapment a a a ■a S� Im rovaents r I Special District� O PPdrtunitiea P l.__.1 with Design Guideline Gateways ��4 Biks/Ped. 'ui Parkalppen Span V Links Cul-deice I ranak Statlon V. -;,; , ' ' Downtown Kent SubArea Action Plan South Core District Figure V-17.Proposed Elements of the South Core District. Kent Downtown Strategic Action Plan V-24 9633nPTS000-OT96 wK 4 1J� i�•Y ,�I I ��ji����'�J 7����! � �t� �'�!�lil�i�l�hlllllll���ily4i�/i • +�'�. .,� 213 Kent Downtown Districts Fourth Avenue signature improvements •.••.• > Q ,-••• •Infill along core streets a -•Realignment of c supports historic character .a street to zm@ Tr ' ; ;Ili litt Gowe St. I} o g I City Hall o -+Pt4Fu'-1 1R14F+^3 � C. �• X e�ot � - J �o Uja a PA 11 ..+ 1 00 _( Wllhs StIs y, � �e Boulevard ' 1 aQa L n C Path to :.Cluster of mixed-use/ e Interurban; multifamily residences Gateway landscaping Trail""••. around courtyards and eVelopment coordinated along upgraded Red streetscapes with new parking along railroad-•• = Parking and street tmprovemertts along railroad!.............: Commuter Rail Station................ . Parking . Bus Center . Station structure . Plattorm and site Improvements / Downtown Kent Strategic Action Plan South Core District I . i I � Please Note: Tl4s vnua4Zation is a conceptual mteryretabon of growth management poticiee and Downtown Kent Strategic Amon Plan recommendations. it does not represent a specific reconvriendation for any one parcel Its purpose is to provide an exarnple or he ht location.use.dens possible bulking ing,incluauig g density.and site amelsbea. t � Figure V-20 South Core DWnct 20 Year Vision Kent Downtown Strategic Action Plan V-28 963WIPT5000-47M 214 Kent Downtown Districts Rezone To Allow Plan For Future Of Borden Site Office With Mixed •Create high quality detain street nearby access Use overlay •Retain street awes: •Institute design gwieknes Master Plan and Upgrade Focus High duality Commons Park Development North of Smith •Parking 6 access •Streetsape improvements •Drainage a Guidelines to make •Layout I use compatible vain Borden a" ' Existing �• I ; �' ;� Possible Rail Grade Park&May be Rid ailable yj ., n -4 . } � Separation for development �° 1�► [I r ,''r D ;� `` �l • V9� ' i d�llr�.«ate-daS `� I ±Ir Ila QFT r ^�� ` Il IR •��Q � ! { i t I�i � �...n I�i I G Interurban Taal Improve Parks To Provide Key "Pedestrian North/South All Cross "Intersection Civic Connection Some Street Connections Square When Development Occurs a law :sa iota tow N ' I h Le end: Public Facilities Redevelopment 11110 e I Street 1 1 ; opportunities krtprovements special Districts O '••� L__i with Design GuldelMe Gat•'^'aYs i - Wa ".� Bikel Ped. u t ktka Parks/Openspaw i ,y • r �` — I 11 Cueae + , remit Stanton Downtown Kent SubArea Action Plan North Core District Figure V-21:Proposed elements of the North Core Otstrict are illustrated above. Kent Downtown Strategic Action Plan V-30 9637RCrSOOC-Nlae �- 215 Kent Downtown Districts Figure V-22 The above illustration shows existing conditions along Railroad Avenue. L4 Figure V-23:A canopy along Railroad Avenue will provide pedestrian protection and market space Kent Downtown Strategic Action Plan V-32 Y6�3RPTSOOC-NN! 216 Kent Downtown Districts — Construct Pedestrian "All Cross"or Scramble System at the Corner of Fourth Avenue and Smith Street The King County Regional Justice Center(RJQ brings many new employers and visitors to downtown. The RIC can be a boon to the downtown if it is linked to the core area shops,restaurants, and services. An"all cross"pedestrian connection, which provides for pedestrians to move diagonally through the intersection in the signal sequence while all automobiles wait,would facilitate pedestrian linkage. It is recommended that the Public Works Department explore the feasibility of such a design and the intersection be upgraded with gateway landscaping and signs. If an "all cross"or scramble system is not feasible, then,at a minimum,signals can be sequenced to encourage pedestrian crossing,especially during non-peak traffic periods. v � -tear Figure V-24: 'All cross'or"scramble"intersection at Fourth and Smith Streets to allow 4-way crossing at a signal sequence. Decorative pavement, canopy or treUis,and enhanced private landscaping are possibilities. Kent Downtown Strategic Action Plan V-33 9677HPT5WC-YT796 y kr t ��T, wti `L M � r �1 riOVrfl 1/•c'4• �11)i G 7755�l71"5�rambte ?SO.'Sl�G:lQ!I 3i FQu771i 2,n e vfs to aflow 4-way CMirSiI al a$1Qf�,af SC��'L'EYA:B. Z]ea:C:Fl.Wc'pa Dement. oaa: y cr rreN�s,and PnhanC£d pnva(E�c?.Rfl'SC'�prr7g r?rB t�vSStA71fd7P.5. - — — 218 Kent Downtown Districts I� I KEW PERFORMNN&ARTS f ENTER Figure V-25:Shown above is the proposed Civic and Performing Arts Center design by the Bumgardner Partnershpf — Support a Civic and Performing Arts Center Downtown. A Civic and Performing Arts Center with facilities for conferences and other events, 1 would be an important attraction to the downtown,extending hours of activity into the night. It would provide a much-needed location for events,performances, meetings, and educational programs. The center would also be a lively element if pedestrian-oriented uses, such as small shops,newsstands,flower stalls,coffee bars, pedestrian spaces,and/or public artwork, are included along Fourth Avenue and Smith Street. The entry to the site could include a plaza that for outdoor performances and celebrations. " e ER t y Y Eis -- Figure V-26 Architect's drawing of the proposed Kent Publicarke building-courtesy of the i Kent Downtown Partnership. Support the Public Market The Public Market on Railroad Avenue between Meeker and Smith Streets will add an important activity. It will anchor businesses on Railroad Avenue, enhance the Sister Cities Parks complex, and serve as a connecting element between the commuter rail station and the Nonh Core. To support the market the plan recommends additional parking on Railroad Avenue and a sidewalk with a canopy east of Sister Cities Parks to provide a shelter for outdoor stalls in the summer and pedestrian weather protection in the winter. Kent Downtown Strategic Action Plan V-35 OS&WPTSDOC-47M � @ @ � %k � ... ( , 9 � wa fit /� \ . 1 f r & t> �� z @ @ � @ � -- 220 i Kent Downtown Districts Potential for masterplanned mixed-use development••: Signature street : Mixed-use development improvements Office development along Smith Street along Fourth Ave.-. Gateway feature ... I . ••. 1 1 r • yyyy James St !d 1 DI !! !!! " a� QI II [IN,117 Q L r •T� 1 I CCGC 00 co (�I Q 1+ �3I ! r; T� ^boos ,1 t••��_ f .�a _ ' tl411f18.$:I III :t8 $ tn:U :a6' _ all 1 84 tit 1 86ui wit Smith St r c i �-----t tl u•i D . _Meeker St. 'C v Pedestrian.•• a Improved o <' Public ep all-cross/gateway _ Sister Cities : m Market W intersection c Parks U_ ° U. ad /0 N C U *Outdoor performance/ to celebration area -Smith Street street improvements Downtown Kent Strategic Action Plan f MU ) North Core District Pleas*Note: This visu ¢ati aion is a conceptual interpretation of growth management policies i ndDowntown Kent Strategic ACron Plan recommendations It does not represent a specificrecammendauon for any one parcel. Its purpose is to provide an example of possible building mfi4 including heght.location.use.density and site amenities Figure V-27 North Core Distnct 20 Year Vision Kent Downtown Strategic Action Plan V-36 V42wvT51 •-WVW 221 Kent Downtown Districts Core Area Design Guidelines To Encourage Mixed-use Infili And Reinforce Historic Character Improve Parks To Provide Key Potential~- North/South Civic Square Connection O ■ Assure ■ _ , Pedestrian - a• . Yy,Oriented ; s• • . ,.: tr 4n Support Market Redevelopment y�� r ' f ' With Improvements At This Gateway 4 A Street ' o I Emphasize 1 t Restoration of Buildings Which r i l i i t Support Historic Meeker street Character ■ Of The Core i Enhance ° Railroad 4th Ave. r 1 C South Corridor Corridor t - Redevelopment I us Street t r:' e Target Area TR ti, w, l ■ I� i• 'i �� c B , Central Avenue RC y a a Streetscape 1 Improve o 1 Q t Improvements p SaOUU °� z i BikelPed. ` ( -i =C3 Links To Commuter DowntownFrorrL� = VMS SUM �.SL� Interurban Trail - • o us Deb �� b� ��1� N �I :0 Rail Station o i fll • I or we uc wo /0r0 a Design Guidelines - d°� of To Encourage o, !� a ,Q°I+ _� �!, 1 N Mixed-Use Infill Redevelopment . 1 �' Le end• r ®Public facileti" Radavolopment e■■e S ti Street i I I II m Opportunities Improveents r___I Special Districts —. I i L_.J with Design GuidelineGateway$ i i �.�.� Bike/Pod. O i Links 1 4 -Parks/Open Space i ca ut-deae 6ransit Station r _T Downtown Kent SubArea Action Plan Historic Core District Figure V-28.Proposed elements of the Historic Core District. Kent Downtown Strategic Action Plan V-38 91CMUM00C-4am 222 Kent Downtown Districts 61Q�Jtp� {t�aAV'l`a I Iah cwis.eaY _ Before After _- i jr EN FRANkLIN BUILDING I. Meeker Street - Before _Repmm the buriding esanOr r•With the exception of this building and the Ben Franklin bwldng.a0 the buildings along the stank tide — Replace the canopy with a larger mete padhsetnl These two buildings cis be seed together with a similar I of Meeker Street we two pores sell.This one wry canopy and install below transom windows Remme pwmg scheme and cornice Imc. budding a someerkp of a'mcsemg toots'along the proiecrmg and wall signs and replace wish prdetvan { Meeker Street titanium. This drawing soggewa the oriented signs Chas hang below the canopy 1 addition of a second story for residamal usr t I in { Remove sign and paint a raw sign with a moor ___! 1. Meeker Street - After tradmoinl fom ink.onto the boiling farads The Ben Franklin bwldin;has a hugs aniooat of wall surface Tan lark am can be deconad with a rartery or painted pasterns. It its also an tdtal imam for a Increase the paefronr lace to the maatmmn he n F 6 height Add awnings Over icier bav Replace the esisrmt downtown moral possible and msall transom windows pit profectin;signs with sans that hang from the awnm5 ' below by Armin Qutlu Figure V-30 Fagade Improvement and Infill Development Concepts Kent Downtown Strategic Action Plan V-40 963MPTSDCC—47M i iT po� C aI rw tnW re.•r.N —! L a w :R 1 ' n "QILI On".... ,p I mou • � "= O , Q fWM wa �avAUX94A n l ^ a Oil LIN fy ' T11 t,nyw w Sm o f( ,t ! 0 oe om�arsgo�ysrrrs9 Woo w i 11NIM11 1 fill ,,, fdJ�an„nuYYrn'mJlfmv��'�L�:4I1'A6fe1 n N 'i/% + �+-.�as +�`•'a.r,,•`��w'/�s it i.w..� .,h�w,.,..y I i�' iI �I•Y-NY Yw�i••M..T-^r I � .sy OR oz.4.�,-. //G •I•M•j'.�'•. � Mom- � a /� �/ � �; Moir W` �U AM L11__ ��i ry i i Market Area for Downtown Ken Downtown Strategic Action PI j SeaTac Tukwila Renton Des 5 Moines z 3 cl—IC mix dam Covington ✓ N<1 o0M o Maple Valley >3 Federal Way m Aubum ' i Black / Diamond \ Planning Figure III-1 s�cs Appendix :Revised DS,AP Recommended Actions 226 Figure IV-2:Phasing of Kent Downtown Strategic Action Plan Recommendations RECOMMENDATION Strategic Time Frame from 2004 A. LAND USE 0.2 years 2-5 years 5.10 years 10-20 year Timing Issues A]. Redesigate SF-8 area between)amen&Cloudy ;' ° City m revcsezoning Strata and Fourth&Fifth Avenues N.to DCE and multifamil residential A2. Review master plan development applications for Kent Station(fmr Borden site) A3 Promote mftll housing At least 200 market rate dwelling units by 2008. , a- Extend multi-family residential tax abatement to Revive eurrmg multi family residential rental units in Downtown development tax abatement program b Reduce or waive permit fees for Downtown residential development ' c. Allow five stones of wood-frame construction Review applicable building andfire codes. above a concrete base d. Remove Zoning Code minimum lot size Include in IOW CPAICPZ cycle requirement in development standards for multi- family residential zones in DSAP districts A4 Encouraec mixed-use development As needed a. Lincoln Pert&Ride lot - King County selling 8 acres of DCE-zoned 9 5 acre lot,see Recommendation Dl.d Is. Municipal Parking Lot Possible long-term interest in mued-use _ redevelopment c. Ten(10)acres between SR-167,the UP RR, Lot zoned DCE is for sale,see Willis&Maker Streets _ Recommendations BS and DI d A5 Study impacts of pawn shops,bail bond offices,day labor agencies,casinos,adult entertainment , businesses,gas stations and tattoo parlors A6 Rezone DCE area on Central Ave.between Smith Fold into SOW CPAICPZ cycle and Gowe Streets to GC A7. Allow undergroundsionnwater detention vaults - - Revtewappbwbledevelopmemalandardrof , where appropriate for Downtown sues larger than Public Works Department one acre in size B TRANSPORTATION 0-2 years 2-5 yew 5.10 years 10.20 years Timing Issue BI Develop commuter rail station Service Components completed m 2001 B2 Construct street improvements a. Fourth Avenue 1 James to north of Smith St. Completed in SOW. 2 North of Smith St to Maker St Scheduled for completion in 2005 b Second Avenue Triggered by site development 1 Sidewalk replacement Smith St to Hanson St. Scheduledfor completion in 2W6. c Smith Street Linked to rail jimha,connecctmns&Kent Stan"development I Fourth Ave to Railroad Ave .Scheduled or completion in 2005 d.I Central Avenue High priority I Smith St to George St Completed in SOW e Saar Street DiRgeredby natedo* ent , f Meeker Street High priority . Seventh Avenue Property owner initiated B3 Plan for underpass at)anise-end Willis StrceteLat Determined by Regional Fast Corridor project. UP and BNSF tracks f34 LwAs"to ewe iP, Adopt street tree standards Street tin plan and speetes selection document B4 is currently applied to development B5 Consider accessibility options from Willis and Meeker Streets for properties located between SR- 167 and the Union Pacific RR IV-2_SumRecAcdonsMatrix Page I Appendix :Revised DSAP Recommended Actions 227 C PUBLIC FACILITIES 0-2 ears 2-5 rs 5.10 ears 10.20 Timing Issues Cl. Upgradc downtown parks Ac . Locate a Town ware . Enhance along railroad Could be incremental a ort . Mast lan Commons Pla field - High priority-coordmate rklrt .IDevelop street Line plan Completed C2 Enhance Gateways a Fourth and James b lFourtb and Smith c Fourth and Meeker Supports rail nation d Fourth and Willis e- Fourth-mid-Meeker e Central and Meeker f Central and Smith Second and Smith Connects Kent Station and Historic Core C3 Add public buildings a. Performing Arts Center b Public Market This item completed,but Public Market has returned to Municipal Parking Lot c. Rail station structure Service components completed in 2001.parking rage completed 2002 C4 Provide trails and Paths a Links from Interurban Trait b. Path alonit James Street c Mill Creek/Kennebeck C5. Incoporate public art Continuous a on C6. Improve pedestrian bridge over Milt Creek at Temperance St. C7. Plan for eventual undergroundmg of all utilities in Long-term implementation-coinciding with the Historic Core District prnwe development D DESIGN GUIDELINES 0-2 years 2-5 years 5-10 Years 10.20 vem Timing Issues DI. Refine design guidelines a. Histonc Core District Completed incorporated two adopted Downtown Design Gmdeh er b Central Avenue Comdor District See above e. Smith and Fourth comdor See above d Fast Frame and weNefmen West Frame Include m 2004 CPA/CPZ gcie Drsinct parking standards revision e Nod Imes attendee Frame District Consistent with DSAP boundaries-include m incorporated into Downtown Design Review 2004 CPA/CPZ cycle Area E TARGETAREAS 0-2 2-5 ears 5.10 10.20 Timing Issues El Explore redevelo t opportunities a. Obtain Smith Streetright-of-way b. Work with property owner an Borden site Sale completed City is master planning site. c Fourth Avenue d Central core historic streets Owing ort with KDP e. South Core District Revise residential development mcentnves,and encourage mrsed-use estem Cen ral sere g en »*Ctral Avenue Corridor District f F COMMUNITY BUILDING 0-2 years 2-5 years 5-10 10-20 y Timing Issues Fl. Continue working with Kent Downtown Partnershil Ongoing. in revitalmation efforts a. Asset in idenufymg and promoung issues and Ongoing opportunities to benefit cotimiunity interests and economic health b Actively promote historical preservation Ongoing-education,urvimiory.archive c Support live performance arts in public places. Revise codes as needed. and encourage live performance tiro in retail and restaurant businesses F2 Encourage adaptive reuse of historic Kent Depot Assur KDP and Granter Kent Historical Society efforts F3 jAddresscauns and consequences of homekssness m Downtown N-2_SumllerAdlonsMatrix Page 2 11�•■ • • • ' • �� ICJ L+II I - I�J L-+•11 ICJ L�1 IMem Lu1 L�J L�1 1 • • - • • I�� ■��■•■ ICJ LEW■ Ln�-j L+A L+l Rio Ia�J'L71 'LrJ LW1IN rocal MEN ' IM SO �111 uIJ = � i`3 �111 ;ice PizYI CD � ri la-j -- lrT tl I�G1 1•77 1�.■ ,.L=J ■aL L'LsJ .. All �7 WM. [ice • TIN M 0' 7 Kom I LPN it,M I r�Is7 Al L�itti� ��IL-� r�..•1—• L�tom■ Film IN "Ma"I MEN `y .ee,j of __ _ __ n-•r. u aim l a•:i■ . . ' 7ra1�.Ml Uia�1��rLIA�■•���' a _ ,awl Bpi ,,,■ , � I ��,. III �' � 1 I, O i=, a±• i+l •� j _ a Olkwal Len liprJ Q ' Ad o� ao 0 MZI o Mil LOW uaR I QI -V0 On SIR US 1% NOW Im"IM Imam. r ------4 BAR Mgr rr . MRU r� ■�. �aENVNUNN NEWS lie owl i 230 I U I I I / f Mas��ePlan and EST FRAME DISTRICT Commons Park �Parluna a access Recommended ActionS� 0 �owntown tra�ee is Improve 1� `� �.Connedans \�\ Action Plan Park \ acdivas ugus 3� 200 Improve signag.for C RSL paru u le as overflow � \ availabble as .rfloM COlnrrl0ria a for Commons a o00 on 0 ti acres of 15 acre Regional Lancoln P(YR lot g JI Justice For tole - too parKm Center g stalls to remain as Centeerr p h 04 meet hue 6,,,eco is Q iraneftrred to Sounder z Lj 00 ® � Station Enha th Ave 90�0 �' o v°�ao o 0 4Corridor co _ j 4vise Parking ad n _ Standards AN Crmo _ ZZ ritersoctio W HARRISON ST p to z W R ISOI I ST a ALL Padestnen- Improve Ped& ❑ d rt�ieM�Tnis�iaw� Bike Connectivity Better parking W MEEKER ST `"a from Interurban n nd access Trail U .0 Lim Entourage large W redevelopment d Z O yo I ao n z c rn b J Q O tflm�MapaaWa6UN5 � o D o 10 O OQI � o o .� SR 516 rc Gateway New Access Road by IL Developer — Q W Figure V-15 ///I� ��' - aomm WIn I I ME LMN C7sw IZ'�11 '. r� � �I' � a EEL'Ilia' FOR ,�■ �xi IEl9 ■r/ i I�1 LJ . 'I ■ ■ a -- . lea Ma PAN . �.! � �.�;•_:��� i !� - -� . : . -� � .ate 1 Sri■ �.� r C r MUNI Lu r�a��y Vol All man rips r� �� 7 I�► NEWINS to r _ � ���1'ii��■ '.a�.�� �Ate- I.f rl•� ���.���� � � � a: room 233 ATTACHMENT F ' Appendix :Updated Downtown Capital Projects,Costs and Dates PLANNING&ECON DEV.COMMITTEE DECEMBER 6,2004 Downtown Projects _ Past,Present and Planned 1998—2009 April 1998—Present(completed) I • 2000 Sidewalks&Gateway Improvements $1.13 million 1 • James&Central Intersection Improvements $1.20 million • Washington Ave/Meeker St.Road Improvements $3.50 million • 2"d Ave.Extension $500,000 • 1'Ave./0 Ave Widening and Utility Trench $750,000 Projects Planned • Downtown ITS Project $3.20 million (Includes Smith St.widening,Pioneer St.Widening and RR interties) (200$) • Ramsey Way/46 Ave Signal $350,000 (2004) • Right Turn Pocket on Central Ave and Willis $150,000 (2005-06) • Left Turn Lane on Willis St.and 4d'Ave. $163,000 (2005-06) • Central Ave Sidewalk Improvements(Smith St.to Gowe St.) $400,000 (2005-06) • Willis Street Grade Separations at UP and BNSF Railroad $37 Million (2009-2014) IDowntownProlectst-ist—MM.doc 234 Appendix :updated Downtown Capital Projects.Costs and Dates • Right Turn Lanes at Harrison St. $95,000 (2005) • WSDOT overlay of SR516 (SR167 to Central Ave.,Central Ave.to Smith St.) (2005) , • Left turn pocket at Lincoln Street at Smith Street $1 Million (2005) • Left turn pocket on Willis St. at 2nd Ave. $750,000 (2005-06) DowntownProjectsList MM.doc 2 Kent City Council Meeting Date April 19, 2005 Category Consent Calendar 1. SUBJECT: 2004 COMPREHENSIVE PLAN AND ZONING MAP AMENDMENTS — ORDINANCES (2) —ADOPT 2. SUMMARY STATEMENT: Adoption of Ordinance No. relating to the 2003 Comprehensive Plan Amendments CPA-2004-4(A), CPA-2004-4(B), and CPA-2004-4(C), which amend the comprehensive plan land use designations for property more specifically identified in the Ordinance, and the adoption of Ordinance No. relating to zoning map changes CPZ-2004-3, CPZ-2004-4, and CPZ-2004-5, which amend zoning map designations for property more specifically identified in the Ordinance. 3. EXHIBITS: Ordinances (2) with attached exhibits 4. RECOMMENDED BY: Planning & Economic Development (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? N/A Revenue? N/A Currently in the Budget? Yes No If no: Unbudgeted Expense: Fund Amount S Unbudgeted Revenue: Fund Amount$ 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 6G ORDINANCE NO. AN ORDINANCE of the City Council of the City of Kent, Washington, amending the Kent Zoning Map to change the zoning designations as follows: (1) from Single Family,6.05 unit per acre(SR-6),to Office,Mixed Use (O-MI) for property located at 26056 116`h Avenue Southeast (CPZ-2004-3); (2) from Limited Industrial (M2), to Gateway Commercial (GWC) for property located at 20651 84`h Avenue South/East Valley Highway (CPZ-2004-4); and (3) from Single Family, 6.05 unit per acre (SR-6), to Neighborhood Convenience Commercial (NCC) with conditions for property located at 11644 Southeast 240E Street(CPZ-2004-5). RECITALS A. Pursuant to the Washington Growth Management Act("GMA"),the City of Kent accepts applications for comprehensive plan amendments once each year. IB. The City of Kent received applications to amend the comprehensive plan's land use map designations, and four(4)of those applications involve properties requesting corresponding area wide amendments to the zoning map designation of I parcels with the following addresses: (1)26056116E Avenue Southeast(CPZ-2004-3); (2)20651 84`h Avenue South/East Valley Highway(CPZ-2004-4);(3) 11644 Southeast 240E Street(CPZ-2004-5); and (4) 21320 42°d Avenue South (CPZ-2004-6). C. The City of Kent Land Use&Planning Board held a public hearing on the proposed comprehensive plan and zoning map amendments on November 22,2004. 1 2004 Zoning Amendments The Planning and Economic Development Committee considered the applications at its meeting on December 6,2004,and held a public hearing on CPZ-2004-5 on January 19, 2005. The Committee made the following recommendations: amendment to Office, Mixed-Use (O-MU) for CPZ-2004-3, approval of CPZ-2004-4; approval, with conditions, of CPZ-2004-5, and no recommendation for CPZ-2004-6 as it was withdrawn by the applicant. l D. On February 1, 2005, the Kent City Council made the following decisions on the zoning amendments: 1. For the property located at 26056 116th Avenue Southeast, approve a zoning designation amendment from Single Family, 6 05 units per acre (SR-3), to a zoning designation of Office, Mixed-Use (O-MU), as I depicted in Exhibit A-2, (CPZ-2004-3); 2. For the property located at 20651 80 Avenue South/East Valley Highway, approve a zoning designation amendment from Limited Industrial(M2),to a zoning designation of Gateway Commercial(GWC), as depicted in Exhibit B-2, (CPZ-2004-4); and 3. For the property located at 11644 Southeast 240th Street, approve a zoning designation amendment from Single Family, 6.05 units per acre (SR-6), to a zoning designation of Neighborhood Convenience Commercial (NCC), as depicted in Exhibit C-2, (CPZ-2004-5), with conditions. E. The SEPA Responsible Official issued an Addendum and Adoption [ Notice on November 15, 2004 determining that impacts of the proposed amendments were adequately evaluated under Environmental Impact Statement#ENV-93-51 and do not substantially change the prior analysis. ' F. On September 17, 2004, the City provided the required sixty(60) day notification under RCW 36.70A.106 to the state of Washington of the City's proposed zoning designation amendments. The sixty(60) day notice period has lapsed. 2 2004 Zoning Amendments NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: ORDINANCE SECTION 1. - Amendment. The City of Kent zoning map is amended to establish a new zoning map designation for the property located at 26056 1161h Avenue Southeast, Kent, Washington, and legally described on the attached Exhibit "A", incorporated by this reference. The amendment is from a zoning designation of Single Family, 6.05 units per acre (SR-3), to a zoning designation of Office, Mixed-Use (O- MU), as depicted in the attached Exhibit"A-2," incorporated by this reference. SECTION 2. - Amendment. The City of Kent zoning map is amended to establish a new zoning map designation for the property located at 20651 84`h Avenue I South/East Valley Highway, Kent, Washington, and legally described on the attached Exhibit "B", incorporated by this reference. The amendment is from a zoning designation of Limited Industrial(M2),to a zoning designation of Gateway Commercial (GWC), as depicted in the map attached as Exhibit "B-2" and incorporated by this reference. SECTION 3. — Amendment. The City of Kent zoning map is amended to establish a new zoning map designation for the property located at 11644 Southeast 240`h Street, Kent, Washington, and legally described on the attached Exhibit "C", incorporated by this reference. The amendment is from a zoning designation of Single Family, 6.05units per acre (SR-6), to a zoning designation of Neighborhood Convenience Commercial(NCC), as depicted in the map attached as Exhibit"C-2"and incorporated by this reference, with the following conditions: (i) automobile service stations or gasoline filling stations as defined in KCC 15.02.035, or as hereafter amended, are prohibited; (ii) development of the property shall include a twenty-five 3 2004 Zoning Amendments (25) foot wide aesthetic and pedestrian connectivity buffer with Type I landscaping as t defined in KCC 15.07.050, or as hereafter amended; and (iii) development of the property shall be consistent with Comprehensive Plan Land Use Policies LU-14.5 and LU-14.8 that require commercial development to minimize impacts to adjacent residential development and require commercial development to be compatible in height and scale with adjacent residential development. On all building facades oriented toward the north and east property lines, compliance with these two Policies shall include architectural design variations, such as, fenestration, accents, overhangs, modulation,colors,andlormaterials to avoid long,monotonous,uninterrupted walls or roof planes. SECTION 4. - Severabihty. If any one or more sections, 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. SECTION 5. -Effective Date. This Ordinance shall take effect and be in force thirty(30)days from and after the date of passage and publication as provided by law. JIM WHITE,MAYOR ATTEST: BRENDA JACOBER, CITY CLERK ' APPROVED AS TO FORM: TOM BRUBAKER, CITY ATTORNEY 4 2004 Zoning Amendments ' PASSED day of April, 2005. APPROVED day of April, 2005. PUBLISHED day April, 2005. 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 bythe Mayor of the City of Kent as hereon indicated. i (SEAL) BRENDA JACOBER, CITY CLERK P CmTORDINANCE\ZomngMapAmend-2004 dm I 1 i i 1 I 1 t I5 2004 Zoning Amendments t 11Ia11���`K�$�ey pr4a�c t ,PARCEL.4• ZEGAZ DESC�'T10 T.�E EAST N OFAWGr 80 E QP FEET LOT6s pU PAP, CONY WA���OLUA,7IRVj'6w ACCORD T CEL B• QN,FxCEPT 11E N T S'PA e NG TO THE HA.T pO ORTH 8 p FEAT 7a pX J T KEREOF TON OF SOT 6 THEREOF KW6 Co REC01 D ,P�Llp, ANT S F ppRT O Ai�t, SKIN 67 pFp ATS ACCORDIN CONY CpN�EYED of THE EAST LYING SO '' pF AGES )97 TOT PLAT ■ N EE R. EET R61D8O48. GNOTO S3S�98WTYByb�EW 4 FOR lODSOP �'ARCRE C. AND I G CO T�CR C 8 �-R t� 771,8 OPZJNG IIyG AT T NOR E 80 FEET OF O'KNG�'ovOp ECo LOT 6,p�'�zxrp°s Y, WASHNG pV LONE 67 p p A SACC,,I)W pAG TO GR(S)97, 4"S t o� �_= Off Ic o m IF,if K ✓ �P �.'j T of —� cj / , soda_ � gz _ ' A m Soot= 47 ❑❑1:2 n 0 CD 0 1 Q C=D G0 a. 116 AVE � cn ` ° m' a C If. Kite F-K,K-KF-�rtff-If- q tv d C�j , C� ❑ C o • �� �` �a Q ���o % - n 3 F K' x , FKi CD c� a 9 r to m g -n � 3 � � W U2 fD me m o � ' y3 W2. a _ (D NM 3. Vcn z m `SF+ z � - 0 -1 ; r+ v; = aim+ Cl `^ a0/ m U7 Cl m O W�.Q a z• CD N IC Legal Description: 122204 73BAAP ON WLY MGN OF CORD N88-14-25 W 30,00 FT&501-13-42 W ALG SD MGN 121 .56 FT FR NEC OR OF NE 1I4 TH CONT 501-13-42 WALG SD MGN74944 FT TH N 89-04-38 W336.71 FT TH N 00-55-29 E 749.43 FT TH S 89-04-38 E340.68 FT TO BEG LESS CO RD ■ Parcel number: ■ 12220497309 EXHIBIT "B" og = pmcn mks 00 �y m�K O �JIry- x nqx: a � "m cn w - cn o r :ro -oo U) El _ t0( PRIV cr 1 � � N Mcid rm- a m IF H• toe N �- i _. 3 m o iv O d 3 dam.. ao m m n O s � '* N � Z ^ w � � � o � rt n n do tD a � � IF l) W p [rn^D A A f�D M m m O. G N La � F y Ai Lrl 1 O p rt N w 0 7 T ✓ IJ V V + •I That portion of Lot D, King County Short Plat No. 674003, recorded under Recording No 7408220421, Records of King County, Washington, EXCEPT that portion conveyed to King County for road purposes by Deeds recorded under Recording No. 9607260707, described as follows: COMMENCING at the intersection of the East line of said Lot D with the North line of that portion conveyed by Deed recorded under Recording No.9607260707; THENCE North 88° 58' 10" West, 200 09 feet along said North line to the TRUE POINT OF BEGINNING; THENCE North 00'53'03"East, 283.78 feet; , THENCE North 16°05 21"West, 147.56 feet; THENCE North 89° 06' 31"West, 374.98 feet to the East line of that portion conveyed by Deed recorded under Recording No 9607260707; THENCE South 01° 04'45"West, 395.90 feet along said East line to an angle point in said line; THENCE South 46° 51' 30" East, 41.76 feet to the North line of said portion conveyed by Deed recorded under Recording No 9607260707; THENCE South 88° 58' 10" East, 388.51 feet along said North Irne to the TRUE POINT OF BEGINNING. J. 4 R ; 7- I EXPIRES:1-15- r 1 t EXHIBIT "C" m QRm� fl fi5� rr It It,IF 1 r FE Ik H•&� ,�, / ��/� �' I� o mg� Q Cl) �/' '� ❑ o o IP IFlf 1P IPtfj C3 t� _ ,L'i m< fF IE ff K"IF v�i$ J r pp bfElEfFfFh IE IE IF IE' r LJ < ms �) EJ ri El- J Z i J 0 X -0 CL - ° ❑ _ ,./ / %/ ram/�/:CIE If K-FE H'-IF it _r�#E fFFF HIE IF Y 4 t] a - -- -_20 AVE SE' - -- - �. �r` fF Jut✓ �-� r r 1 'Q l �mR I FAHD r � � w N O D ccn a 3T � 3 � � � o Z � oar c ' O o m � a CT O H 01in rip 01 fDL41 O Yl H H A ; eq, L41 ' 0 0 ' � r r t ORDINANCE NO. AN ORDINANCE of the City Council of the City of Kent, Washington, amending the City of Kent Comprehensive Plan as follows: (1) to change the land use map designation from Single Family,six(6)units per acre (SF-6), to Mixed-Use (MU) for property located at r 26056 116`h Avenue Southeast (CPA-2004-4(A)); (2) to change the land use map designation from Manufacturing/ Industrial Center (MIC) to Commercial (C) for property located at 20651 84`h Avenue South/East Valley Highway (CPA-2004-4(B)); and (3) to change the land use map designation from Single Family,six(6)units per acre(SF- 6), to Neighborhood Services (NS) with conditions, for property located at 11644 Southeast 240`h Street (CPA- , 2004-4(C)). RECITALS A. The Washington State Growth Management Act ("GMA") requires internal consistency among comprehensive plan elements. IB. To assure that comprehensive plans remain relevant and up to date, the rGMA requires each jurisdiction to establish procedures whereby amendments to the plan are considered by the city council(RCW 36.70A 130(2)),and limits these amendments to ' once each year unless certain circumstances exist. C. The City of Kent has established a procedure for amending the Comprehensive Plan in chapter 12 02 of the Kent City Code, which sets a deadline of rSeptember 1st of each year for submittal of requests for comprehensive plan amendments. 1 2004 Comprehensive Plan Amendments D. The City received four (4) timely applications to amend the comprehensive plan's land use designation map, and those applications involve parcels located at: (1)26056116`h Avenue Southeast(CPA-2004-4(A)); (2) 20651 84`h Avenue South/East Valley Highway(CPA-2004-4(B)); (3) 11644 Southeast 240`h Street(CPA- 2004-4(C)); and (4)21320 42nd Avenue South (CPA-2004-4(D)). , E. The parcel at 26056116`h Avenue Southeast is currently designated Single ' Family Residential,six(6)units per acre(SF-6),and the applicants are requesting a plan designation of Neighborhood Services (NS) (CPA-2004-4(A)). t F. The parcel at 20651 84`h Avenue South/East Valley Highway is currently designated Manufacturing/Industrial Center (MIC), and the applicants are requesting a plan designation of Commercial (C) (CPA-2004-4(B)). G. The parcel at 11644 Southeast 240`h Street is currently designated Single Family Residential,six(6)units per acre(SF-6),and the applicants are requesting a plan designation of Neighborhood Services (NS) (CPA-2004-4(C)). H. The parcel at 21320 42nd Avenue South is currently designated Agricultural Resource Land(AG-R),and the applicants are requesting a plan designation of Single Family Residential, one (1)unit per acre (SF-1) (CPA-2004-4(D)). I. The City of Kent Land Use and Planning Board considered CPA-2004- , 4(A), CPA-2004-4(B), CPA-2004-4(C), and CPA-2004-4(D); and conducted a public hearing on the same on November 22,2004. The Planning and Economic Development Committee considered the applications at its meetings on December 6,2004, and held a public hearing on CPA-2004-4(C) on January 19, 2005. The Committee made the following recommendations: the approval of CPA-2004-4(A) as Mixed-Use (MU), approval of CPA-2004-4(B) as Commercial (C), approval of CPA-2004-4(C) as 2 2004 Comprehensive Plan Amendments ' 1 Neighborhood Services(NS)with conditions,and CPA-2004-4(D)was withdrawn by the applicant so no recommendation was made. rJ. The proposed amendments of CPA-2004-4(A), CPA 2004-4(B), and CPA-2004-4(C), as conditioned, are consistent with the standards of review for comprehensive plan amendments outlined in section 12.02.050 of the Kent City Code. K. On February 1,2005, the City Council for the City of Kent approved the comprehensive plan amendment CPA-2004-4(A) to amend the comprehensive plan designation to Mixed-Use(MU)for the parcel of property located at 26056 I le Avenue South. L. On February 1,2005,the City Council for the City of Kent approved the comprehensive plan amendment CPA-2004-4(B) to amend the comprehensive plan designation to Commercial (C) for the parcel of property located at 20651 84`h Avenue South/East Valley Highway. M. On February 1,2005,the City Council for the City ofKent approved,with conditions, the comprehensive plan amendment CPA-2004-4(C) for the parcel of property located at 11644 SE 240" Street. The conditions imposed alleviate impacts to the neighborhood that would otherwise result from the amended land use designation due to unique circumstances such as the nature of the residential development in the area and current traffic patterns. r N. The SEPA Responsible Official issued an Addendum and Adoption Notice on November 15, 2004 determining that impacts of the proposed amendments were adequately evaluated under Environmental Impact Statement 9ENV-93-51 and do not substantially change the prior analysis. r 3 2004 Comprehensive Plan Amendments 1 O. On September 17, 2004, the City provided the required sixty (60) day ' notification under RCW 36.70A 106 to the state of Washington of the City's proposed amendment to the Comprehensive Plan. The sixty(60) day notice period has lapsed. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: ORDINANCE SECTION 1. -Amendments. The City of Kent Comprehensive Plan adopted by Ordinance No. 3698 is amended to establish new land use designations for the following ' parcels: A. For the property located at 26056 116v' Avenue Southeast, from a plan designation of Single Family Residential, six (6) units per acre (SF-6) to a plan designation of Mixed Use (MU), as depicted in the map attached as Exhibit"A- 1" and incorporated by this reference (CPA-2004-4(A)). B. For the property located at 20651 840'Avenue South/East Valley Highway, from a plan designation of Manufacturing/Industnal Center (MIC) to a plan designation of Commercial(C), as depicted in the map attached as Exhibit"B-1" and incorporated by this reference (CPA-2004-4(B)). C. For the property located at 11644 Southeast 240"'Street, from a plan designation , of Single Family Residential, six(6)units per acre(SF-6)to a plan designation of Neighborhood Services (NS), as depicted in the map attached as Exhibit "C-l" and incorporated by this reference (CPA-2004-4(C)), with the following conditions. (i) automobile service stations or gasoline filling stations as defined in KCC 15 02.035, or as hereafter amended, are prohibited; (ii) development of the property shall include a twenty-five (25) foot wide aesthetic and pedestrian connectivity buffer with Type I landscaping as defined in KCC 15.07.050, or as hereafter amended; and(ni)development of the property shall be consistent with ' Comprehensive Plan Land Use Policies LU-14.5 and LU-14 8 that require commercial development to minimize impacts to adjacent residential development and require commercial development to be compatible in height and scale with adjacent residential development. On all building facades oriented toward the north and east property lines,compliance with these two Policies shall include architectural design variations such as fenestration, accents, overhangs, 4 2004 Comprehensive Plan Amendments ' ' modulation, colors and/or materials to avoid long, monotonous, uninterrupted walls or roof planes. SECTION 2. - Severability. If any one or more sections, sub-sections, or sentences of this Ordinance are held to be unconstitutional or invalid,such decision shall not affect the validity of the remaining portion of this Ordinance and the same shall remain in full force and effect. SECTION 3. -Effective Date. This Ordinance shall take effect and be in force thirty(30) days from and after the date of passage as provided by law. JIM WHITE, MAYOR ATTEST: BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM: tTOM BRUBAKER, CITY ATTORNEY ' 5 2004 Comprehensive Plan Amendments PASSED day of April, 2005. APPROVED day of April, 2005. PUBLISHED day of April, 2005. , 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 ICmT0RDFNANCE1CorTMw An nd-200a dac ' i 1 1 1 6 2004 Comprehensive Plan Amendments 66R�y _ _ } A R w 1.1 An sdu f \ sad ❑CD /� �oQQ©Q v su Q J S '' _ If �9✓ p Z3 n A � ��� N � � m [ - ❑ [ CDs . { t sL7 Gi p Q o ap �� � o�col o Q C LiL3 ED >Fo ' a0, as •� o ca- � 116'AVE SE COO Cl Ej I El Q � •",� '�' Q -��\\ Oaf� o,Ca, Q � p p ❑ u a ex IEon Q 6 C r K,K-if dC P I�'If:FF IF tf ff K,K-f- K- -K-IF IF If- 6 L L ❑ �] D #IF,fE FE IF if w w IF ❑ ; , a � ! C IJ �_ i�C rm • n ^ 3 1 0 f K- 7 CCD (Dn � g :E me � °1. y � t ' c ° A � drip 'C C c�CD m � � � 'c' ao W 4J�Cy y .. O O y LI y .� 3 y O. y "' o rp c ' a �tO °Zo N ' ' a "'� oaR., r k ma N IV ❑ O o T�m 3 O � � �✓ Cn C7o � \ O N \ co _ <� CI w PRIV rt rt ANd 03 � Fa 1 � �) Rrn T x �� � � 0 t K- Ma _ m 1 c) v ul r to �n g T 3 00 7C �' m ' art 1 a m e �. CDa z z '� ao c � � ° `fl " � m a O � �.y.�� ' v m rr -� 0 p rr H 3 0 � H � � � o a0 /A� ��71 Ui .�i O c<i j M � '� A N (p H M y ' 0 C�J7 rp r � D A O °(.. � L rip W ;� CD r r 1 aaRa� _ g s.- K-Rf IF h� K-R- IF lh FF H•H• H• IF H•H•F 3 n�m'° ,� LV114'f fP fF r� "� ' , � ❑ Emoas tK/ g E'g K,K,ff -113P E' r 131 El- ��� 1 i Y a& V Ifs a 4 —�— 116 AUESE_ r r �/ ❑q (n L'7 — ro L C \�i L n cn sm r � � � ���✓ _ i�,��� �/CIF If,lfi " � Q �� 1 If+ff if H,If i ✓ i l� y�rt�}F}F$R it K- Ir- / iEIFH+IFH+ �,�RF-lEif 9-F c K- CIF% �• % -� _ ww,IF ♦F IB'ff if/'� all • 41 2D AVE SE Li ' H t fF fF If~fF f J 1 i "i ¢f FF IE IF lFN H u \ r� :� ��O fi ` ©DC mr m' x �� � O CD El a V r 'A "n 3 -n3 .0 r :E WN �Oo 5 ' m IV c CD no R�< c "' � � t ° (D- R c o O ON 1 Ni O O d ry 1 CD 0 � O 1 Kent City Council Meeting Date_ April 19, 2005 Category Consent Calendar 1. SUBJECT: MORGAN'S PLACE FINAL PLAT—APPROVE (QUASI-JUDICIAL) 2. SUMMARY STATEMENT: Approve the final plat Mylar for Morgan's Place and authorize the Mayor to sign the Mylar. TLT Development proposes to subdivide approximately 11.74 acres into 46 single-family residential lots. The property is located at 23601 98"' Avenue South. 3. EXHIBITS: Map and memo with conditions 4. RECOMMENDED BY: Community Development & Public Works Dept Staff (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT ' Expenditure? No Revenue? No Currently in the Budget? Yes No If no: Unbudgeted Expense: Fund Amount S Unbudgeted Revenue: Fund Amount S 6. CITY COUNCIL ACTION: ' Councilmember moves, Councilmember seconds ' DISCUSSION: ACTION: Council Agenda Item No. 6H IW t1. If — za27 I I sz s zxm sr. ' I ze ! 1 33 1 1*43 :s 1 of �yw►•► f TRACT.e. •k7r ~ /1RACT-x I ti` 35 1 S N 70 1 r K 21 f r 1e37 w f 1e — �^ f I+l IS 14 15 I I w 41 ii 43 M 49 11 I e e 7 e ' APPLICATION NAME MORGAN'S PLACE REQUEST: #PTA-2003-5 SITE MAP COMMUNITY DEVELOPMENT Fred N Satterstrom, AICP, Director 1 KENT PLANNING SERVICES Charlene Anderson, AICP, Manager W NS HINGTON Phone 253-856-5454 Fax 253-856-6454 Address 220 Fourth Avenue S Kent,WA 98032-5895 DATE: April 8, 2005 TO: MAYOR JIM WHITE, COUNCIL PRESIDENT JULIE PETERSON AND CITY COUNCIL MEMBERS FROM: CHARLENE ANDERSON, AICP, PLANNING MANAGER THROUGH: MAYOR JIM WHITE SUBJECT: MORGAN'S PLACE FINAL PLAT (#FSU-2000-6/KIVA #2043702) MOTION: Approve the final plat mylar for Morgan's Place and authorize the Mayor to sign the mylar SUMMARY: TLT Development proposes to subdivide approximately 11.74 acres into 46 single-family residential lots The property is located at 23601 981" Avenue South. BUDGET IMPACT: None ' BACKGROUND: On September 2, 2004, the Hearing Examiner issued Findings, Conclusions and a Decision granting preliminary approval of a 46-lot subdivision, with 22 conditions. The ' applicant has complied with the conditions required prior to recording. S 1Permit1P1an11ongplats1200012043702-FSU-2000-6cc DOC Enclosure Conditions of approval—Hearing Examiner MORGAN'S PLACE #FSU-2000-6 KIVA#RPP5-2043702 ' On September 2, 2004, the Kent Hearings Examiner approved the Plat Alteration filed for this ' request with the following conditions: A. THE LOT CONFIGURATION SHOWN FOR THE ANDERSON PROPERTY SHALL BE CONTINGENT UPON CITY COUNCIL APPROVAL OF RZ-2003-4. IF THE REZONE IS NOT GRANTED, THE APPLICANT SHALL MODIFY THE LOT CONFIGURATION ON THIS PROPERTY TO BE CONSISTENT WITH SR- 4.5 DEVELOPMENT STANDARDS. B. PRIOR TO RECORDING THIS SUBDIVISION: ' 1. The Owner/Subdivider shall pay all Charges in Lieu of Assessment and/or Latecomer Fees, if any, prior to the scheduling of the Pre-Construction ' Conference and/or prior to recording the plat, which ever comes first. 2. The Owner/Subdivider shall submit and receive approval of engineering drawings from the Department of Public Works, and shall then either construct or bond for the following: a. A gravity sanitary sewer system to serve all lots. The City sewer system shall be extended from the existing City ' sanitary sewer system located approximately 1,950 feet north of the subject property, and shall be sized to serve all off-site properties within the same service area. In addition, the sanitary sewer ' system shall be extended across the entire subdivision as needed to serve adjacent properties within the same service area. Public sanitary sewer easements shall be provided over those portions of 1 the sanitary sewer extension that are built outside of dedicated rights-of-way. The septic systems serving the existing homes within the proposed plat - if any - shall be abandoned in accordance with King County Health Department Regulations. ' b. A water system meeting domestic and fire flow requirements for all lots. The City water system shall be extended across the entire ' subdivision as needed to serve adjacent properties within the same service area and loop the system as required by the Public Works Department. Morgan's Place ' #FSU-2000-6 KIVA#RPP5-2043702 ' Revised Conditions of Approval All existing wells shall be abandoned in accordance with the requirements of the Department of Ecology. C. A stormwater system. Engineering Plans showing the stormwater ' system must meet the minimum requirements of the City of Kent Construction Standards and 2002 City of Kent Surface Water Design as described above. Additional guidance for the ' Engineering Plans is given below: (1). As development occurs within this subdivision, roof ' downspouts for each roofed structure (house, garage, carport, etc.) shall be directed to Roof Downspout Controls per Chapter 5.1 of the 1998 King County Surface Water Design Manual. (2). The Owner/Subdivider shall submit Landscape Plans for ' within and surrounding the retention / detention facility to Planning Services and to the Department of Public Works for concurrent review and approval prior to, or in conjunction ' with, the approval of the Engineering Plans. These Landscape Plans shall meet the minimum requirements of the City of Kent Construction Standards, and the stormwater management landscaping requirements contained within the 1998 King County Surface Water Design Manual. Landscape Plans are not to be used to show required Street ' Trees. d. A Detailed Grading Plan for the entire subdivision meeting the , requirements of the Uniform Building Code, the City of Kent Construction Standards, and City of Kent Development Assistance Brochure #1-3, Excavation and Grading Permits & Grading Plans. ' Initial guidance for these plans is given below: (1). These plans shall include provisions for utilities, roadways, retention / detention ponds, stormwater treatment facilities, and a building footpad for each lot. (2). These plans shall be designed to eliminate the need for processing several individual Grading Permits upon application for Building Permits- phasing of grading on a lot- by-lot basis will not be considered. e. A Temporary Erosion / Sedimentation Control Plan for the entire , subdivision meeting the requirements of the City of Kent Construction Standards, and the Stormwater Management Manual ' Page 2 of 11 Morgan's Place ' #FSU-2000-6 KIVA#RPP5-2043702 Revised Conditions of Approval for the Puget Sound Basin. These plans must reflect the Detailed Grading Plan discussed above, and Planning Services approved Detailed Tree Plan. ' f. A Wetland Mitigation Plan meeting the requirements of the City of Kent Wetlands Management Ordinance, and City of Kent Development Assistance Brochure #10, Wetland Mitigation Plans. These plans shall pursue avoiding or minimizing impacts to wetlands to the maximum extent possible by analyzing alternatives that would avoid the impact, as stated in Kent City Code, Section 11.05.120 - Avoiding wetland impacts. The applicant shall be advised that a 15-foot building setback line shall be established from the edge of all wetland buffers. g. Interim Street Improvement Plans for 98`hAvenue S along the entire property frontage thereon. These Interim Street Improvement Plans shall meet the requirements of the City of Kent Construction Standards and Development Assistance Brochure #6-2, Private and Public Street Improvements, for a street designated as a Residential Street by the City of Kent Master Plan of Roadways. Initial guidance for the necessary interim frontage street ' improvements is given below: (1). Combined vertical concrete curbs & gutters, a 5-foot wide planter strip, and a 5 foot c ement concrete sidewalk a long the entire 98th Avenue S frontage of the subdivision. (2). A minimum of 14-feet of asphalt pavement as measured from the centerline of the right-of-way or approved roadway centerline to the face of curb on the west side of the street, plus at least 12-feet of asphalt pavement as measured from the approved centerline to the edge of the traveled lane on the east side of the street. ' (3). A City-approved shoulder on the east side of 98th Avenue S. ' (4). A City-approved street lighting system. (5). Public stormwater collection, conveyance, detention and treatment facilities. (6). Street Trees shall be provided in the 5-foot wide planter strips and the species shall be selected from the list of Approved Street Trees contained within City of Kent ' Page 3 of 11 Morgan's Place #FSU-2000-6 KIVA#RPP5-2043702 ' Revised Conditions of Approval Development Assistance Brochure #14, City of Kent Street Trees. h. Pedestrian Walkway Improvement Plans providing for a safe ' walking route from this subdivision to East Hill Elementary School. These plans shall provide for a 6-foot wide vertically separated asphalt walkway (wide shoulder with extruded cement concrete curb) constructed in conformance with Standard Detail 6-60, or for a 5-foot wide horizontally separated cement concrete sidewalk. This school walkway improvement will follow one of the two routes described below. (1). From the south end of the 5-foot wide sidewalk constructed along the west side of 98th Avenue South to the existing sidewalk system constructed along the north side of South 240th Street. This is the preferred route and includes some existing cement concrete sidewalk along its length. (2). From the north end of the 5-foot sidewalk constructed along the west side of 98th Avenue South, along either side of S. 2361h Street to 100th Avenue S. to the 5-foot sidewalk constructed along the northwest side of the intersection of , 100th Avenue S. at S. 236th Street. This route is the second choice for a school-walking route and the final design will not permit a decrease in the existing (and substandard) pavement width along S. 236th Street. i. Street Improvement Plans for S. 237th Street. The westerly terminus of this street shall align with the existing easterly extension of S. 237th Street as constructed under conditions of approval for the Haupt Short Plat, SP 99-18; and for the Supra Short Plat, SP 2001-05. The Street Improvement Plans for this subdivision street shall be designed in conformance with the requirements of a Residential Street as required by City of Kent Construction Standards, and City of Kent Development Assistance Brochure #6-2, Private and Public Street Improvements, for a street ' 28-feet wide. Initial guidance for these street improvements is given below: (1). Combined vertical curb & gutter, a 5-foot wide planter strip , between the back of curb and the face of the sidewalk, and a 5-foot wide cement sidewalk on both sides of the street. (2). A minimum of 28-feet of asphalt pavement, as measured from face of vertical curb to face of vertical curb. , Page 4 of 11 Morgan's Place #FSU-2000-6 KIVA#RPP5-2043702 Revised Conditions of Approval �► (3). A street lighting system designed, constructed and maintained by the IntoLight Division of Puget Sound Energy; all electrical bills shall be paid for by a Home Owner's Association. In accordance with KCC 12.04.745 (C) (7) (f), streetlights shall not exceed a height of 18 feet. (4). A public stormwater drainage system, including provisions for collection, conveyance, detention, and treatment ' facilities. (5). Curb return radii of 20-feet at the intersection of the SE 237tn Street and 98th Avenue S, unless curb bulb-outs are required by the Department of Public Works during plan review. (6). Street Trees shall be provided in the 5-foot wide planter strips and the species shall be selected from the list of Approved Street Trees contained within City of Kent Development Assistance Brochure #14, City of Kent Street Trees. ' (7). That portion of South 237th Street contained within this subdivision is over 600-feet long and will require the construction of an approved traffic calming device, unless otherwise determined by the Department of Public Works. Pre-approved traffic calming devices include bulb-outs constructed on the east and west sides of the new public street intersection with 97th Avenue South (preferred, since it would also be a pedestrian amenity), or a mid-block choker located east of the east property line of Lot 33. (8). The location of the South 237th Street intersection connection to 98th Avenue South shall be approved by the Public Works Department after the approval of the Detailed Drainage and Wetland Mitigation Plans. j. Street Improvement Plans for 97th Avenue S., including provisions for a partial street improvement (20 feet of asphalt pavement with curb, gutter and sidewalk and planter strip on the south side only) extending to the west property line of the subject property at its northerly terminus. The Street Improvement Plans for this subdivision street shall be designed in conformance with the requirements of a Residential Street as required by City of Kent Construction Standards, and City of Kent Development Assistance Brochure #6-2, Private and Public Street Improvements, for a street Page 5 of 11 r Morgan's Place #FSU-2000-6 KIVA#RPP5-2043702 Revised Conditions of Approval 28-feet wide. Initial guidance for these street improvements is given below: (1) Combined vertical curb & gutter, a 5-foot wide planter strip between the back of curb and the face of the sidewalk, and a 5-foot wide cement sidewalk on both sides of the street. (2) A minimum of 28-feet of asphalt pavement, as measured from face of vertical curb to face of vertical curb. (3) A street lighting system designed, constructed and ' maintained by the IntoLight Division of Puget Sound Energy; electrical bill shall be paid for by a Home Owner's Association. In accordance with KCC 12.04.745 (C) (7) (f), streetlights installed on residential streets or cul-de-sacs shall not exceed a height of 18 feet. (4) A public stormwater drainage system, including provisions for conveyance, detention, and treatment facilities. (5) Curb return radii of 20-feet at the intersection of South 237th Street and 97th Avenue South, unless curb bulb-outs are , approved by the Department of Public Works as a traffic calming device. (6) Unless otherwise approved by Public Works, the temporary , cul-de-sac may not encroach into the stormwater retention/detention tract (7) 97th Avenue South is about 500-feet long and will require the construction of an approved traffic calming device, unless otherwise determined by the Department of Public Works. Pre-approved traffic calming devices include bulb-outs constructed on the east and west sides of the new public street intersection with South 237th Street (preferred because this would also be a pedestrian amenity), or a mid- block choker located near the north property lines of Lot 19. (8) This subdivision street shall be designed to connect to the north edge of this subdivision. The right-of-way for this new residential street shall extend to the northerly and westerly boundary of this subdivision (9) The location of the S. 237th Street connection to 97th Avenue S. shall be approved by the Public Works Department after Page 6 of 11 Morgan's Place #FSU-2000-6 KIVA#RPP5-2043702 Revised Conditions of Approval the approval of the Detailed Drainage and Wetland Mitigation Plans. (10) Street Trees shall be provided in the 5-foot wide planter J strips and the species shall be selected from the list of Approved Street Trees contained within City of Kent Development Assistance Brochure #14, City of Kent Street Trees. k. Street Light Plans for 97th Avenue S., 98th Avenue S., and Southeast 237th Street meeting the requirements of the City of Kent Construction Standards, and City of Kent Development Assistance Brochure #6-1, Street Lighting Requirements. In accordance with KCC 12.04.745 (C) (7) (f), streetlights installed on residential streets or cul-de-sacs shall not exceed a height of 18 feet. I. Street Improvement Plans for the new Private Residential Street constructed within that area designated as Tract "B" and terminating with an approved turnaround at its west terminus if required by the Fire Marshal. The Street Improvement Plans for this street shall be designed in conformance with the requirements for a Private Residential Street as required by City of Kent Construction Standards, and City of Kent Development Assistance Brochure #6- 2, Private and Public Street Improvements and City of Kent Development Assistance Brochure # 6-8, Street Improvement Plans for a street at I east 2 0-feet w ide. I nitial g uidance for t hese street improvements is given below: (1) A minimum width of 20-feet of asphalt concrete pavement, measured from edge of pavement to edge of pavement, or from face of c u rb to face of c urb, except for t hose 2 5-foot fillets required at the intersection with 97th Avenue South necessary for an emergency turnaround for 97th Avenue South. See condition (7) below for additional information on the potential public turnaround requirement. (2) A 5-foot wide paved walkway constructed along the one side of the street for all private streets serving more than four lots (3) An approved cul-de-sac, or turnaround at its west terminus, unless otherwise determined by the City Fire Marshal. (4) A private stormwater drainage system, including provisions for conveyance, detention, and treatment facilities where applicable Page 7 of 11 Morgan's Place #FSU-2000-6 KIVA#RPP5-2043702 Revised Conditions of Approval (5) Unless additional asphalt concrete pavement width is provided for parking, all minimum width private streets serving more than two lots shall have pavement markings and traffic signs installed which clearly designate these private streets as Fire Lanes, where no parking will be permitted. The minimum private street width to permit parking along one side of the street is 24-feet, and to permit parking along both sides of the private street, the minimum width is 28-feet. (6) The private street, including the walkway or cement concrete sidewalk should be centered within a private roadway and utility easement that is at least 1-foot wider than the total width of the private street and sidewalk combination. (The easement is suggested to meet the City's minimum building setback requirements for Lot 24). 3. Private Street Improvement Plans for the Joint Use Private Driveway constructed within the area shown as Tract "A". The face of the recorded plat shall specify that this private street / driveway shall serve Lots 17 and 18 only. These plans shall provide for a minimum asphalt surface width of at least 12-feet that is centered within a private roadway tract or roadway and utility easement that should be about 1-feet wider than the width of the paved surface. 4. The private street shown in Tract "B" shall serve Lots 21, 22, 23 & 24 only, and the face of the recorded plat shall carry that restriction. 5. The Owner/Subdivider shall eliminate the proposed private roadway tracts to serve Lots 1 & 2, and 34 & 35. Access for these four lots should be from 98t" Avenue S. 6. The face of the final plat shall clearly identify all private streets, and which parcels will be served by those private streets. The face of the final plat will also specify that the maintenance of all private streets is the sole responsibility of the property owners who are served by those private streets. 7. The Owner/Subdivider shall create a Homeowner's Association for this subdivision to ensure that the property owners within this subdivision are advised of their requirement to pay for the provided street lighting system. Those sections of the required document written to govern that association that relate to any IntoLight Division of Puget Sound Energy street lighting systems, and if applicable, the sinking fund for the City's Page 8 of 11 Morgan's Place #FSU-2000-6 KIVA#RPP5-2043702 Revised Conditions of Approval Corridor Project, shall be reviewed and approved by the Department of Public Works prior to the recording these documents. 8. The Owner/Subdivider shall submit and receive approval of a Detailed Tree Plan, meeting the requirements of the Kent Zoning Code, and City of Kent Development Assistance Brochure #3, Detailed Tree Plans. Grading Plans cannot be approved by the Department of Public Works without an approved Detailed Tree Plan. 9. The Owner/Subdivider shall dedicate or deed all public rights-of-way, and otherwise convey all private and public easements necessary for the construction and maintenance of the required improvements for this subdivision development 10. Construction plans shall show new asphalt approach aprons to connect lot 10 to the edge of pavement on S 237th Street and lots 21 and 24 to the edge of pavement on Tract B The dimensions of these aprons shall be sufficient to prevent vehicle track-out of dirt and gravel onto the new roadways and shall be approved by the Department of Public Works and Planning Services, 7 11. The Owner/Subdivider shall permanently protect the approved and preserved, and/or enhanced, or created wetland(s) and it's buffer(s) by creating a separate Sensitive Area Tract and deeding the tract in fee simple to the City, OR by granting a Sensitive Area Easement to the City for the entire sensitive area, in conformance tot he requirements of the City of Kent Wetlands Management Code. T his Sensitive Area T ract or Easement shall be consistent with the wetland and wetland buffer map contained within the approved Wetland Delineation Report and/or approved Wetland Mitigation Plan as appropriate. The Owner/Subdivider shall provide a legal description of said easement or tract prepared by a licensed land surveyor, prior to issuance of any Construction Permits. The Sensitive Area Tract and the following language shall be included on the face of the recorded plat: SENSITIVE AREA TRACTS /EASEMENTS DEDICATION OF A SENSITIVE AREA TRACT / EASEMENT CONVEYS TO THE PUBLIC A BENEFICIAL INTEREST IN THE LAND WITHIN THE TRACT. THIS INTEREST INCLUDES THE PRESERVATION OF NATIVE VEGETATION FOR ALL PURPOSES THAT BENEFIT THE PUBLIC HEALTH, SAFETY AND WELFARE, INCLUDING CONTROL OF SURFACE WATER AND EROSION, MAINTENANCE OF SLOPE STABILITY, VISUAL AND AURAL BUFFERING, AND PROTECTION OF WATER QUALITY, PLANT ECOLOGY AND WILDLIFE HABITAT. THE Page 9 of 11 Morgan's Place #FSU-2000-6 KIVA#RPP5-2043702 Revised Conditions of Approval SENSITIVE AREA TRACT / EASEMENT IMPOSES UPON ALL PRESENT AND FUTURE OWNERS AND OCCUPIERS OF THE LAND SUBJECT TO THE TRACT / EASEMENT THE OBLIGATION, ENFORCEABLE ON BEHALF OF THE PUBLIC BY THE CITY OF KENT, TO LEAVE UNDISTURBED ALL TREES AND OTHER VEGETATION WITHIN THE TRACT. THE VEGETATION WITHIN THE TRACT MAY NOT BE CUT, PRUNED, COVERED BY FILL, REMOVED OR DAMAGED WITHOUT APPROVAL IN WRITING FROM THE CITY OF KENT. THE COMMON BOUNDARY BETWEEN THE TRACT / EASEMENT AND THE AREA OF DEVELOPMENT ACTIVITY MUST BE MARKED OR OTHERWISE FLAGGED TO THE SATISFACTION OF THE CITY OF KENT PRIOR TO ANY CLEARING, GRADING, BUILDING CONSTRUCTION OR OTHER DEVELOPMENT ACTIVITY. THE REQUIRED MARKING OR FLAGGING SHALL REMAIN IN PLACE UNTIL ALL DEVELOPMENT ACTIVITIES IN THE VICINITY OF THE SENSITIVE AREA TRACT ARE COMPLETED. NO BUILDING FOUNDATIONS, STRUCTURES, FILL OR OBSTRUCTIONS (INCLUDING, BUT NOT LIMITED TO DECKS, PATIOS, OUTBUILDINGS AND OVERHANGS) ARE ALLOWED WITHIN 15 FEET OF THE SENSITIVE AREA TRACT / EASEMENT BOUNDARY, UNLESS OTHERWISE APPROVED BY THE CITY. THE CITY OF KENT RESERVES THE RIGHT TO INSTALL PUBLIC UNDERGROUND UTILITIES WITHIN THIS SENSITIVE AREA TRACT, AND TO ENTER AND PERFORM DRAINAGE SYSTEM MAINTENANCE, BUT IS REQUIRED TO RESTORE OR ENHANCE THE SENSITIVE AREAS DISTURBED UPON THE COMPLETION OF THE UNDERGROUND CONSTRUCTION, AND/OR DRAINAGE SYSTEM MAINTENANCE. 12. After construction, the wetland and buffer areas shall be isolated from intrusion and/or disturbance using landscaping, or other appropriate screens, a s well a s a n a pproved p ermanent w ildlife-passable fence. I n addition, Wetland Information Signs approved by the Department of Public Works shall be placed at the wetland buffer edge to inform and educate owners and nearby residents about the value of wetlands. 13. As may be applicable, (particularly for the off-site sanitary sewer extension near Garrison Creek), the Owner / Subdivider shall submit a Geotechnical Report meeting the minimum requirements of City of Kent Development Assistance Brochure #7, Geotechnical and Geological Reports, to address steep slopes, instability issues, and/or other Hazard Areas as defined by Section 15.08.224 of the Kent City Code with the submittal of civil Page 10 of 11 Morgan's Place #FSU-2000-6 KIVA#RPP5-2043702 Revised Conditions of Approval engineering drawings for this subdivision. This report shall include a topographic and survey map prepared, stamped and signed by a licensed land surveyor which clearly defines the top and bottom of ravines, and the boundaries of all Hazard Area Slopes as defined by Section 15.08.224 of the Kent City Code. 14. Prior to release of any construction bonds, and prior to the approval of any Budding Permits within the subject subdivision, the Department of Public Works must receive and approve As-Built Drawings meeting the requirements of the City of Kent Construction Standards, and City of Kent Development Assistance Brochure #E-1, As-Build Drawings, for. Streets; Street Lighting System; Water, Sewer; Stormwater Drainage Facilities; and all off-site improvements where the locations and/or elevations are deemed critical by the Department of Public Works. 15. The Owner/Subdivider shall implement all mitigation measures required by the Mitigated Determination of Nonsignificance for the proposed Morgan's Place preliminary subdivision, File #ENV-2002-52. 16. The Owner/Subdivider shall construct and locate mailbox kiosk(s) as approved by U.S Postmaster and the City of Kent Public Works Department. 17. The applicant, after obtaining appropriate construction permits, shall remove the existing structures located on the Anderson property (APN: 1822059137), or relocate them in conformance with building, fire, zoning and public works codes and standards. C. PRIOR T O THE I SSUANCE O F A B UILDING P ERMIT ON A NY L OT I N T HE MORGAN'S PLACE SUBDIVISION (SU-2000-06) THE OWNER/SUBDIVIDER SHALL: 1. Record the Plat. 2. Construct all of the improvements required in Section A, above. 3. Provide and receive approval of as-built drawings as described above. 4. Pay the Kent School District Impact Fee for that lot. Page 11 of 11 Kent City Council Meeting Date April 19, 2005 Category Consent Calendar 1. SUBJECT: TAYLOR ASSOCIATES, INC. CONSULTANT SERVICES AGREEMENT—AUTHORIZE 2. SUMMARY STATEMENT: Authorize the Mayor to sign the contract with Taylor Associates, Inc. for S86,771 00 to provide the City with an Ambient Water Quality Monitoring Program and Final Report upon concurrence of the language by the City Attorney and the Public Works Director. 3. EXHIBITS: Public Works memorandum and Consultant Services agreement 4. RECOMMENDED BY: Public Works Committee (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? X Revenue? Currently in the Budget? Yes X No If no: Unbudgeted Expense: Fund Amount $ Unbudgeted Revenue: Fund Amount $ 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 6I PUBLIC WORKS DEPARTMENT Larry Blanchard, Public Works Director Phone 253-856-5500. Fax 253856-6500 K ENT Address 220 Fourth Avenue S WASHINGTON Kent,WA 98032-5885 DATE: March 28,2005 TO: Public Works Committee FROM: Larry Blanchard,Public Works Director THROUGH: Mike Mactutis,Environmental Engineering Supervisor SUBJECT: Taylor Associates Inc. MOTION Recommend authorizing the Mayor to sign the Consultant Services Agreement with Taylor Associates Inc. for $86,771 00 to provide the City of Kent with a Ambient Water Quality Monitoring Program and final report SUMMARY: This contract will provide an Ambient Water Quality Monitoring Program and report to the City of Kent in 2005 This monitoring program will provide a synoptic picture of the current, dry-season,and base flow water quality conditions for both streams and stormwater discharges within the City of Kent's jurisdiction. In addition, it will also provide a valuable analysis to begin compliance with the City's upcoming National Pollution Discharge Elimination System(NPDES)Phase II permit requirements,priontization of Water Quality improvement projects, and documentation to support decisions to implement water quality improvement actions BUDGET IMPACT-There will be no unbudgeted fiscal impacts as a result of this contract BACKGROUND: In 1 9-2000 the City of Ketit contracted T Associates to develop an 99 ty Taylor A p d implement an Ambient Water Quality Monitoring Program which will assist the Public Works Engineering Department in meeting their goal to"Reduce the environmentally detrimental effects of present and future runoff in order to maintain or improve stream habitat and wetlands, particularly water quality, and protect water-related use."This report was completed in late 2000 and included a"screening level"assessment of the chemical and biological condition of streams in the Kent area and compared the water quality results with Washington State water quality standards The 2005 Ambient Water Quality Monitoring Program will provide a synoptic picture of current, dry-season,base flow water quality conditions for both streams and storm water discharges within the City of Kent's jurisdiction. To accomplish this task, Taylor Associates will revisit stream water quality stations previously monitored in the 1999-2000 Taylor report, conduct site reconnaissance and sampling of the stormwater outfalls in various watersheds The monitoring will focus on identifying illicit connections and poor water quality outfall conditions during dry-season and base flow conditions. Mayor White and Kent City Council 1 • KENT ,N�e.,.M OION CONSULTANT SERVICES AGREEMENT between the City of Kent and Taylor Associates, Inc. THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City'), and Taylor Associates, Inc organized under the laws of the State of Washington, located and doing business at 7104 Greenwood Avenue N, Seattle, WA 98103, Phone (206) 267-1400/Fax (206) 267-1401,Contact William Taylor (hereinafter the"Consultant") I. DESCRIPTION OF WORK Consultant shall perform the followmg services for the City in accordance with the following described plans and/or specifications The Consultant will complete the City of Kent 2005 Ambient Water Quality Monitoring 1 Program For a detailed description, see the Scope of Work which is attached as Exhibit A and incorporated by this reference Consultant further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices in effect at the time those services are performed II. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in Section I above immediately upon the effective date of this Agreement Upon the effective date of this Agreement, Consultant shall complete the work described in Section I by December 31,2005. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed Eighty Six Thousand, Seven Hundred Seventy One Dollars ($86,771.00) for the services described in this Agreement This is the maximum amount to be paid under this Agreement for the work described in Section I above, and shall not be exceeded without the prior written authorization of the City in the form of a negotiated and executed supplemental agreement The Consultant agrees that the hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rate(s) for a period of one (1) year from the effective date of this Agreement. The Consultant's billing rates shall be as delineated in Exhibit A B. The Consultant shall submit monthly payment invoices to the City for work performed, and a final bill upon completion of all services descnbed in this Agreement The City shall provide CONSULTANT SERVICES AGREEMENT- i (Over$10,000) _ R payment within forty-five (45) days of receipt of an invoice If the City objects to all or any portion of an invoice, it shall notify the Consultant and reserves the option to only pay that portion o f t he invoice not in dispute I n t hat event,the parties will immediately make every effort to settle the disputed portion IV. INDEPENDENT CONTRACTOR The parties intend that an Independent Contractor- Employer Relationship will be created by this Agreement and that the Consultant has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days written notice at its address set forth on the signature block of this Agreement After termination, the City may take possession of all records and data within the Consultant's possession pertaining to this project, which may be used by the City without restnction If the City's use of Consultant's records or data is not related to this project, it shall be without liability or legal exposure to the Consultant VI. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any subcontract, the Consultant, its subcontractors, or any person acting on behalf of the Consultant or subcontractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national ongin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates Consultant shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative Policy 12, and upon completion of the contract work, file the attached Compliance Statement VII. INDEMNIFICATION. Consultant shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages,losses or suits, including all legal costs and attorney fees, ansmg out of or in connection with the Consultant's performance of this Agreement,except for that portion of the injuries and damages caused by the City's negligence The City's inspection or acceptance of any of Consultant's work when completed shall not be grounds to avoid any of these covenants of indemnification Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4 24 115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, agents and volunteers, the Consultant's liability hereunder shall be only to the extent of the Consultanfs negligence IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF ' IMMUNITY UNDER INDUSTRIAL INSURANCE. TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER The provisions of this section shall survive the expiration or termination of this Agreement VIII. INSURANCE. The Consultant shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit B attached and incorporated by tlus reference CONSULTANT SERVICES AGREEMENT-2 (Over$10,000) IX. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide reasonable accuracy of any information supplied by it to Consultant for the purpose of completion of the work under this Agreement X. OWNERSHIP AND USE OF RECORDS AND DOCUMENTS. Original documents, drawings, designs, reports, or any other records developed or created under this Agreement shall belong to and become the property of the City All records submitted by the City to the Consultant will be safeguarded by the Consultant Consultant shall make such data,documents, and files available to the City upon the City's request The city's use or reuse of any of the documents,data and files created by Consultant for this project by anyone other than Consultant on any other project shall be without liability or legal exposure to Consultant XI. CITY'S RIGHT OF INSPECTION. E ven though Consultant is an independent contractor with the authority to control and direct the performance and details of the work authorized under this Agreement,t he w ork in ust in eet t he approval o f the C ity and s hall b e subl ect t o t he C ity's general r ight of inspection to secure satisfactory completion XII. WORK PERFORMED AT CONSULTANT'S RISK Consultant shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose All work shall be done at Consultant's own risk, and Consultant shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work XIII. MISCELLANEOUS PROVISIONS. A Recyclable Materials Pursuant to Chapter 3 80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable A price preference may be available for any designated recycled product. B Non-Waiver of Breach The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. C Resolution of Disputes and Governing_Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington If the parties are unable to settle any dispute, difference or claim ansmg from the parties' performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, in addition to any other recovery or award provided by law, rop vided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section VII of this Agreement D Written lktice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary Any written notice hereunder shall become effective three(3)business days after the date of marling by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing CONSULTANT SERVICES AGREEMENT-3 (Over$10,000) E Assignment Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent F Modification No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Consultant G Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement All of the above documents are hereby made a part of this Agreement However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement,the terms of this Agreement shall prevail H Compliance with Laws The Consultant agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Consultant's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations IN WITNESS,the parties below execute this Agreement, which shall become effective on the last date entered below. CONSULTANT: CITY OF KENT: By By (mgna'4") (s�gnatme) Print Name Print Name Jim White Its Its Mayor (nlle) (rale) DATE DATE NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONSULTANT: CITY OF KENT: William Taylor Nancy Yoshitake Taylor Associates, Inc. City of Kent 7104 Greenwood Avenue North 220 Fourth Avenue South Seattle,WA 98103 Kent,WA 98032 206-267-1400 (telephone) (253)856-5508(telephone) i 206-267-1401 facsimile (253)856-6500(facsimile) APPROVED AS TO FORM: Kent Law Department x CONSULTANT SERVICES AGREEMENT-4 (Over$10,000) Taylor Assoaates-Water Quality MomtnnnslMactutis CONSULTANT SERVICES AGREEMENT-5 (Over.$10,000) DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent is committed to conform to Federal and State laws regarding equal opportunity As such all contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City's equal employment opportunity policies The followmg questions specifically identify the requirements the City deems necessary for any contractor, subcontractor or supplier on this specific Agreement to adhere to An affirmative response is required on all of the following questions for this Agreement to be valid and binding If any contractor,subcontractor or supplier willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of contract and it will be at the City's sole determination regarding suspension or termination for all or part of the Agreement, The questions are as follows: 1 I have read the attached City of Kent administrative policy number 1.2. 2 During the time of this Agreement I will not discriminate in employment on the basis of sex, race,color, national origin, age,or the presence of all sensory,mental or physical disability 3 During the time of this Agreement the pnme contractor will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer 4 During the tune of the Agreement I,the prime contractor,will actively consider hiring and promotion of women and mmonties 5 Before acceptance of this Agreement, an adherence statement will be signed by me, the Prune Contractor, that the Prime Contractor complied with the requirements as set forth above. By signing below,I agree to fulfill the five requirements referenced above J Dated this day of 200 By For. Title. Date- EEO COMPLIANCE DOCUMENTS- 1 i CITY OF KENT ADMINISTRATIVE POLICY NUMBER- 12 EFFECTIVE DATE. January 1, 1998 SUBJECT MINORITY AND WOMEN SUPERSEDES April 1, 1996 1� CONTRACTORS APPROVED BY Jim White, Mayor POLICY Equal employment opportunity requirements for the City of Kent will conform to federal and state laws All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to S10,000 or more within any given year,must take the following affirmative steps 1 Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer 2 Actively consider for promotion and advancement available minorities and women Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement 1 Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments. 1 Ensunng that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City's equal employment opportunity policy 2 Monitoring to assure adherence to federal,state and local laws,policies and guidelines i EEO COMPLIANCE DOCUMENTS-2 Y CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement I,the undersigned, a duly represented agent of Company, hereby acknowledge and declare that the before-mentioned company was the prune contractor for the Agreement known as that was entered into on the (datek between the firm I represent and the City of Kent. I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent Administrative Policy 12 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before-mentioned Agreement Dated this day of , 200 By- For: Title- Date. EEO COMPLIANCE DOCUMENTS-3 1 EXHIBIT A Scope of Work for City of Kent 2005 Ambient Water Quality Monitoring Program Introduction Following is a draft scope of work and cost estimate for Taylor Associates,hie.to complete the City of Kent 2005 Ambient Water Quality Monitoring Program. The program main objectives for 2005 are(1)to revisit the stream water quality stations previously rnomtored by Taylor Associates,Inc. to update water quality characterization during dry-season,base flow conditions, and(2)to conduct a site reconnaissance and sampling of the stormwater outfalls in the Lower Mill Creek watershed.This reconnaissance work will be focused on identifying illicit connections and poor water quality outfall conditions during dry-season, base flow conditions. The final product for this project will be a clear and concise project report.This document will present a synoptic picture of the current, dry-season,base flow water quality conditions for both streams and stormwater discharges within the City of Kent's jurisdiction.The project results will provide(1) a valuable basis to begin compliance with the City of Kent's NPDES Phase R permit, (2)tangible results to facilitate prioritization of water quality improvement projects, and(3) documentation to support decisions by city council to implement water quality improvement actions. This draft scope of work and cost estimate(once finalized)will be executed under a tune and materials contract not to exceed the total contract amount The cost estimate amounts per task are based on the level of effort estimated to complete the respective task. Should labor or direct expenses for certain tasks be less than anticipated,Taylor would come in under budget for those tasks. Costs saved by coming under budget for certain tasks maybe allocated to other tasks if additional funding is needed to complete those tasks. To date, the analysis laboratory has not been selected and the actual number of samples to be collected is not known. Thus,an estimate of the total cost for laboratory analysis has been made.If the final anticipated laboratory analysis cost exceeds the total estimated cost for laboratory analysis an amendment to this contract will be needed to complete the laboratory analysis. Once the laboratory analysis budget has been expended, further samples will not be collected until an amendment to the contract is made to cover the additional costs. Ii Taylor Associates,Eric October 26,20N Scope of Work City of Kent 2005 Ambient Monitoring Program 1.0 Project Management This task includes review of the project by the principle in charge,monitoring budget and work progress by the project manager,and preparation of monthly invoices by the office administrator Tins task also includes client communication and coordination These activities with the client will be conducted via the phone or by email. Estimate of total hours: 37 hrs JM-5=1 hr/mo*5 mos; BT-2 bourn,HW-30 hrs=6 brs/mo*5 mos Task 1.0 Products: Monthly invoices Regular communication with client 2.0 Sampling Plan Taylor Associates, Inc. (Taylor Associates)will prepare a sampling plan for the 2005 City of Kent Ambient Monitonng Program. This sampling plan will set forth the data collection, sample handling, and laboratory analysis methods to be followed for(1)the collection of base flow water quality samples and in situ measurement at 26 ambient stream monitoring stations,(2)the inspection of a maximum of 50 stormwater outfalls, (3)in situ measurements at each outfall where flowing surface water exists,and(4) as needed,upstream tracking of potential pollutant sources for suspect outfalls The level of effort for this task also includes, If needed, one onsite meetnig with the client to develop the sampling plan. The City of Kent(City)will provide materials and information(as requested by Taylor Associates)needed to develop the sampling plan. These materials may include maps clearly indicating the sampling site locations,a parameter list and desired detection limits for laboratory analysis, and any specific sampling procedures required by the City. Ttie preparation of the sampling plan will consist of the production of a draft and final document. One draft review will occur prior to finalizing the sampling plan Due to the short timeline for this project] comments from the draft reviewers will be received by the Taylor Associates project manager three business days after the City project manager receives the draft sampling plan. Taylor Associates will provide to the City project manager one electronic copy(Microsoft® WORD) of the draft document for review.Upon review of the sampling plan, the City will provide one set of continents to the Taylor Associates project manager. The City will be responsible for compiling the comments of all reviewers These comments will be provided to the Taylor Associates project manager in an electronic format and as a typed list,with each comment listed by page number and paragraph. Once the City's comments are received, Taylor Associates will incorporate comments into the final sampling plan as appropriate and provide a written response to the City i As requested by City of Kent, data collection for tlus project must occur before the fall 2005 wet season starts 2 Taylor Assoc.ates,Inc October 26,2004 Scope of Work Cirf of Kent ! 2005 Ambiera Mcmtormg Program r • documenting how the City's comments were addressed.Taylor Associates will provide three copies of the finalized sampling plan to the City project manager and one copy to the analysis laboratory Estimate of total hours: 32 hours 8 hrs—plan development meeting(KM 4 hrs;HW 4 hrs) 20 hrs—develop sampling plan(KM 4 hrs,HW 16 hrs) 4 hrs—address comments,finalize (HW) Task 2.0 Products: Draft Sampling Plan One(optional) on-site meeting with the client Final Sampling Plan 3.0 Ambient Stream Monitoring This task includes activities related to water quality data collection and sample handling for stream base flow water quality sampling To complete this task, grab samples and:n situ measurements will be collected at the 26 stations identified for base flow water quality sampling in the 2000 Kent Ambient Monitoring Program Final Report(Table 2-1,p 5) This task includes pre-sampling set-up and base flow sampling.Base flow sampling will include grab and in situ measurements, sample handling and delivery,and post-sampling set-down 3.1 Pre-sampling set-up In preparation for sample collection,the Taylor Associates project manager will coordinate with the analysis laboratory and field staff for completing the sampling effort This subtask includes preparation of field sheets and a field sampling notebook, acquisition or printing of site location maps,coordination with the analysis laboratory for sample bottle preparation and sample delivery, and coordination with field staff.This subtask also includes the preparation of standards and the calibration of the multi-probe meter prior to each day of ambient stream monitoring activities. Estimate of total hours: 18 hours 4 hrs—coordinate with lab,bottle pickup,misc. gM 4 hrs—preparation of field sheets and field notebook(HW) 6 hrs—coordinate with field staff(2 0 hrs)and 0.5hr prep for each day(t-IW 3 hrs+CM 3 hrs) 4 hrs—calibrate YSI for each field day(BB) 3.2 Stream Base Flow Sampling At 26 stream stations2, base flow samples and in situ flow measurements will be collected for one sampling event during summer 2005.This sampling effort will occur before the fall wet season starts so that water quality conditions during summer low flow and lugh temperature conditions.The sampling events will be conducted during daylight hours. 2 Taylor Associates,Inc assumes the City of Kent will have obtained private property access for all sampling stations under this project 3 Taylor Associates,inc October 26,2004 Scope of Work City of Kent 2005 Ambient Monitoring program The 26 stations will be sampled over four consecutive field days using the same field team for consistency in data collection Each day,the field team will collect samples from eight or rune stations with each day's station assignments dependant upon the geographic distribution of the stations To ensure quality control, each day the field team well review sampling techniques,field sheets, and the site assignments prior to sample collection. Following sample collection, samples will be delivered to the lab and the day's field sheets will be reviewed to ensure data quality Grab samples for water quality analysis will be collected using approved methods designed for low-level metals collection or"clean hands"/"duty hands"field technique This technique requires two field staff: one designated for"clean hands"activities and one designated for "duty hands"activities. The methods associated with this technique will be covered in more detail in the sampling plan(Task 2) At each site,in situ measurements for pH, temperature,dissolved oxygen,and conductivity will be taken using a portable water quality instrument After water quality measurements and samples are collected at the site,a visual estimate of stream flow will also be made. Staff i gauge levels will also be recorded for stations where gauges have been installed. Grab samples will be analyzed by a Washington State certified laboratory for the parameter list finalized in the sampling plan The proposed parameter hs?includes conventional (dissolved oxygen,turbidity, and hardness),microorganism(fecal cohform and Enferococcus sp), and heavy metal (total and dissolved cadmium, chromium, copper, iron, manganese, mercury,nickel,lead, and zinc)parameters.The methods for collecting,handling, and analyzing all water quality samples will be described in the project sampling plan(Task 2) Estimate of total hours: 80 hours 16 hrs—travel to and from Kent,2 hrs/day per staff*2 staff*4 days(HW 8 his, CM 8 hrs) 52 hrs—sample collection, 1 hour per site*26 sites* 2 field staff(HW 26 hrs; CM 26 his) 12 firs— 1 5 hours per day*4 days; sample handhng, COC,lab delivery,review field notes, regroup for next day,unpack gear(CM-6,HW-6) Task 3.0 Products: Ambient Stream Water Quality Data 3 The actual cost for laboratory analysis will be dependant on the parameter list,actual number of samples collected,and the required level of analysis For the accompanying cost estimate,the following assumptions were made (1)a grab sample will be collected at each station(low or no flow may prohibit sample collection at some sites),(2)a parameter list was assumed with the recognition that the City of Kent may choose to change the parameter list dunng the development of the sampling plan, and(3)a low-level metals analysis would be conducted 4 Taylor Associates,Inc, October 26,2OD4 Scope of Work City of Rent 2005 Ambient Monitoring program 4.4 Outfall Inspection and Sampling Taylor Associates will inspect and sample a maximum of 50 outfalls4 at locations identified by the City of Kent. Inspection activities will include a qualitative assessment of conditions at each outfall,the collection of a grab sample and in situ measurements for each flowing - outfall, and where appropriate,the collection of in situ measurements in each outfall's receiving waterbody. 4.1 Pr e-sampling set-up In preparation for the outfall visits,the Taylor Associates project manager will coordinate with the analysis laboratory and field staff for completing the data collection effort This subtask includes preparation of field sheets and a field sampling notebook, acquisition or printing of site location maps,coordination with the analysis laboratory for sample bottle preparation and sample delivery,and coordination with field staff. This subtask also includes maintenance of the multi-probe meter, and the preparation of standards and the calibration of the meter pnor to each day of outfall inspections and sampling. Estimate of total hours: 22 hours 1 2 hrs—coordinate with lab,bottle pickup,raise. (HW) 2 his—preparation of field sheets and field notebook(HW) 10 hrs—coordinate with field staff(2 Ohrs)and 0 5hr prep for each day(HW 5hrs+CM 5hrs) 8 hrs—calibrate YSI for each field day, estimate 8 field days(BB) t/ 4.2Inspection and Sampling For each outfall site,a qualitative assessment of outfall conditions and water quality sampling for the outfall and receiving waterbody will be conducted. The procedures for the outfall qualitative assessment will be defined in the sampling plan(Task 2.0) and will include visual monitoring procedures to identify illicit discharges. Water quality sampling will include the collection of grab samples and in situ measurements using a portable water quality instrument. The qualitative assessment of outfall conditions will be made for a maximum of 50 outfalls, with locations provided by City of Kent staff.This qualitative assessment will characterize the base flow condition of the outfall Observations made by the field staff will be recorded on a field sheet,which will be reviewed by both team members prior to leaving the site.The outfall inspection will include visual monitoring(qualitative assessments)of the following conditions or parameters- deposits,stains,odor, color, sheen, foam,oil and grease,turbidity, floatable matter, suspended solids, vegetation, structural damage,bank erosion, and base flow conditions. 4 Taylor Associates,Inc assumes the City of Kent will have obtained private property access for all outfall locations under this project 5 Taylor Associates,inc October 26,2004 Scope of Wank Cuy of Kent 2005 Ambient Mom Wang Program Grab samples for water quality analysis will be collected from outfalls that have surface flow adequate for collection of a grab sample. Similar to the ambient monitoring,the grab samples will be collected usmg approved methods designed for low-level metals collection or"Clean I hands"/"dirty hands"field technique. This technique requires two field staff.one designated for"clean hands"activities and one designated for"dirty hands"activities At each site where flow exists from the outfall,in situ measurements for pH,temperature, i dissolved oxygen, and conductivity will be taken using a portable water quality instrument After water quality measurements and samples are collected at the site, a visual estimate of stream flow will also be made. Staff gauge levels will also be recorded for stations where gauges have been installed Grab samples will be analyzed by a Washington State certified laboratory for the parameter list finalized in the sampling plan. The proposed parameter hst4 includes conventional (dissolved oxygen,turbidity,and hardness),microorganism(fecal coliform and Enterococcus sp.),and heavy metal (total and dissolved cadmium, chromium,copper,iron,manganese, mercury,nickel, lead,and zinc)parameters.The grab samples will also be analyzed for fluoride to determine if the source is potable water The methods for collecting,handling, and analyzing all water quality samples will be described in the project sampling plan(Task 2) Estimate of total hours: 156 hrs 32 firs—travel to and from Kent,2 hrs/day per staff*2 staff*8 days (HW 16 hrs; CNf 16 hrs) 100 hrs—sample collection, 1 hour per site*50 sites*2 field staff(HW 50 hrs, CM 50 hrs) 24 hrs— 1.5 li s per day, handling,lab, COC copy field notes,regroup for next day and unpack(CM-12,HW-12) , 4.3 Receiving Waterbody Measurements At each outfall site rn situ measurements for pH, temperature,dissolved oxygen,and conductivity will be taken m the receiving waterbodYlust upstream of the outfall Measurements will be taken for pH, temperature, dissolved oxygen, and conductivity using a portable water quality instrument After the water quality measurements are collected,a visual estimate of stream flow for the receiving stream will also be made.Measurements will only be made at sites where the flow depth is adequate to take measurements using the water quality instrument. Estimate of total hours: 24 hrs 24 hrs—0 25 his per site per person(HW 12 hrs; CM 12 hrs) 4.4 OuVall Pollutant Source Tracking ` This task provides a field contingency for upstream pollutant source tracking of outfalls that after inspection are suspected to have potential pollution problems Activities under this task cover visually tracking the potential pollutant source upstream, additional travel related to the upstream tracking, and a bnef summary for each outfall for which a pollutant source tracking effort was completed. Pollutant source tracking results will be included as an appendix in the final report 6 Taylor Associates,inc October 26,2004 Scope of Wotk City of Kent 2DD5 Ambient Momtonng Program if -- Under this task, it is anticipated that percussion for private property access may be required to conduct upstream source tracking for some outfalls. It is assumed that the City of Kent will acquire the needed permission for property access If it is not clear whether the field learn has permission to access private property,the upstream pollutant source tracking effort for the specific outfall will be discontinued until permission is obtained by the Cary of Kent It is uncertain as to the number of outfalls that may require pollutant source tracking.Due to the uncertainty in the level of effort for this task,the number of outfalls actually tracked will be limited by the budget amount allocated for this task.For the purpose of the accompanying project cost estimate,it is estimated that 20%(10 outfalls) of the total outfalls inspected may require upstream pollutant source tracking Estimate of total hours:70 hrs 70 hrs—3 hrs for each outfall tracking effort,two staff(CM 3 hrs,HW 3 hrs), 1 hr wnte- upfreportmgper outfall(HW),estimate 20%of outfalls need inspection,thus 10 outfalls Task 4.0 Products: Qualitative Characterization of Ambient Outfall Conditions Ambient Outfall Water Quahty Data 1 Ambient Receiving Waterbody Water Quality Data Potential Pollutant Sources for Suspect Outfalls Data 5.0 Data Management and Analysis Tlus task includes the management and analysis of data collected during base flow sampling (Task 3)and the outfall inspections and sampling(Task 4). The specifics associated with each activity are described in subsequent subtasks. 5.1 Data Management Data management will include compiling and creating back-up copies of field sheets,chain of custody forms, and analytical data results for subtasks 3 2,4 2,4 3,and 4 4. Separate Microsoft®Excel databases will be created and maintained for the stream and outfall water quality data After each field day, the field sheets will be copied and compiled mto a data notebook The copied field sheets will be added to the field notebook,with the original field sheets stored in the project data notebook. This project data notebook with the original field sheets wall remain at the Taylor Associates office. Estimate of total hours:42 brs 13 hrs to manage ambient data-26 sites(CM);25 his to enter and manage outfall inspection, and laboratory and in situ water quality data for 50 sites (HW);4 his to create inventory of outfall source tracking results(CM). 7 Tayior Associates,Inc October 26,2004 Scope of Work Qly of Kent 20D5 Ambient McnitmN i+mgram 5.2 Data Analysis Analysis of stream water quality data will be limited to a presentation of the results in a tabular or graphical format for each parameter This analysis will be completed for the water quality data collected for the ambient stream, outfall,and outfall receiving waterbody samples. The parameter concentrations will be graphed and then compared to water quality standards where applicable(this activity includes a calculation of metals criteria) The format of the graphs for the 2005 data will be similar to the format used in the City of Kent 1999- 2000 Ambient Monitoring Final Report.However,the 2005 data will not be compared to nor analyzed with the water quality data collected in previous years Based on the outfall inspection data,a summary of the outfall conditions will be prepared. From the visual monitoring,water quahty data, and upstream pollutant source traclang,the outfalls will be prioritized based on cach outfall's recommendation for further mvestigation or maintenance activities The outfall data will not be compared to data collected in previous years. No additional data will be collected other than the specific items listed in Task 3 0 and Task 4 0.Additional data collection or analysis based on editorial comments may require additional budget. Estimate of total hours:40 hrs 12 hrs for ambient data-26 sites (H-W),24 his for outfall inspection and receiving waterbody data-50 sites(HW); 4 hrs to prioritize outfalls(HW) Task 5.0 Products: Back-up copies of hardcopy data Stream Water Quality Databases C+utfall Inspection Database Inventory of Potential Pollutant Sources for Suspect putfalls Analysis of Data 6.0 Project Report i Using mfonmation gathered during the completion of Task 3 and Task 4, a project report will be produced Production of the project report will include the production of one draft report and a final report Report production will consist of the completion of a draft report,which will go through an internal Taylor Associates review before it is submitted to the City.The final report will incorporate comments from the City reviewers of the draft report. 6.1 Draft Report During this subtask, a draft preliminary report will be prepared by Taylor Associates The preparation of the draft report preparation will include the assemblage of all appendices and writing the first draft of the project report.This draft document will be reviewed internally by Taylor Associates,Inc.before producing the draft report to be delivered to the City for 8 Taylor Associates,Inc October 26,2004 Scope of Work City of Kent 2005 Ambient Momlonng Program • review Comments from Taylor Associates staff will be incorporated into the draft report and the document Nvlll be proofed prior to printing and distributing the draft report to the City for review Three copies of the draft report will be transmitted to the City The draft report will be reviewed once by the City before a final document is produced.The client will be responsible for compiling the comments of all reviewers. These comments will be provided to the Taylor Associates project manager in an electronic format and as a typed list,with each comment listed by page number and paragraph. Estimate of total hours: 80 hrs 60 hrs to write introduction,methods,results,data analysis resalts,discussion and recommendation;plus edit report after internal review(HW), 10 hrs to review draft report (SVV), 10 hrs to compile appendices and proof(CM) 6.2 Final Report Taylor Associates, Inc will incorporate one set of comments from the City into the final report as appropriate and provide a written response to the client documenting how each of the City's comments were addressed. The final report will be printed and three copies distributed to the City Estimate of total hours:26 hrs 16 firs—to incorporate City of Kent's comments(HW); 10 firs to proof,compile and produce final report Task 6.0 Products: Draft Report Final Report 9 Taylor Associates,Inc October 26.2004 scope of Work City of Kent 2003 Ambient Momtonng Program Project Cast Estimate Project Name 2005 Kent Ambient Monitoring Program Date October 22,2004 Total Budget Hours Task No Description BB KC NC JF KM CM SM JMJ CNI KNI JPJ BR JS BT HW SW Totals Total Dollars 1 Protect Management 5 2 30 37 3,251 98 2 Sampling Plan 8 24 32 $2,82472 3 Ambient Stream Monitoring 31 Pre-sampling set-up 4 3 11 18 $$1,45382 32 Stream base flow sam lin 40 40 80 5,637 60 4 Outfall Inspection and Sam Inn 4 1 Pre sam tin set-u 8 5 9 A70 10 71910 99,3 32 42 Ins action and sam m 78 78 $10,993 32 4 3 Receivin walerbod measurements 7 12 $1:691 28 44 Outfall Pollutant Source Tracm 30 40 $5,101 20 5 Data Management and Re omn 51 Dale management 17 25 42 $3,094 38 52 Data analysis I I 1 4 40t 1 40 $3,492 00 6 Project Report 61 Draft report 10 60 10 80 $6,753 40 62 Final report 10 16 26 $1,933 20 Totals 12 0 0 0 8 205 0 5 0 D 0 0 0 2 385 10 627 $47,94600 Expense Cate go Cost Cost Summary-Standard Level Metals Total Costs 946 Mdea a 2400 $0 3751mile $�0 Taylor Labor $ 42,250 WQ Meter Rental 12 meter clays @$50lda !meter $600 Ta for Expenses $ 2,250 Report Production $250 Stream WQ Laboratory Analysis kARI') $ 33,250 Misc Supplies $500 Subconsultanl Surcharge 10%1 $ 3,325 Total Expenses $2,250 86,771 Grand Totai $ ARI=Aquatic Research,Inc Note,The laboratory analysis cost assumes a grab sample Is collected at each stream(26 sites)and outfall(60 sites)station Analysis cost=$437 per grab sample To date,the analysis laboratory has not been selected and the actual number of samples to be collected is not known Thus,if the actual laboratory analysis cost exceeds the total estimated cost for laboratory analysis an amendment to this contract will be needed to complete the laboratory analysts Once the laboratory analysis budget has been expended,further samples will not be collected until an amendment to the contract is made to cover the additional costs EXHIBIT B INSURANCE REQUIREMENTS FOR CONSULTANT SERVICES AGREEMENTS Insurance The Contractor shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may anse from or in connection with the performance of the work hereunder by the Contractor,their agents, representatives,employees or subcontractors iA. Minimum Scope of Insurance Contractor shall obtain insurance of the types described below I Automobile Liabihty insurance covering all owned,non-owned,hired and leased vehicles Coverage shall be written on Insurance Services Office(ISO) form CA 00 01 or a substitute form providing equivalent liability coverage If necessary,the policy shall be endorsed to provide contractual liability coverage 2. Commercial General Liability insurance shall be written on ISO occurrence form CO 00 01 and shall cover liability arising from premises, operations, independent contractors,products-completed operations,personal injury and advertising injury, and liability assumed under an insured contract The Commercial General Liability insurance shall be endorsed to provide the Aggregate Per Project Endorsement ISO form CG 25 03 1185 There shall be no endorsement or modification of the Commercial General Liability insurance for Lability ansing from explosion,collapse or underground property damage. The City shall be named as an insured under the Contractor's Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 1185 or a substitute endorsement providing equivalent coverage 3 Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. B. Minimum Amounts of Insurance Contractor shall maintain the following insurance limits 1. Automobile Liabihty insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident 2 Commercial General Liability insurance shall be written with limits no less than$1,000,000 each occurrence, $1,000,000 general aggregate and a $1,000,000 products-completed operations aggregate limit a EXMBIT B (Continued) C. Other Insurance Provisions The insurance policies are to contain,or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance 1 The Contractor's insurance coverage shall be primary insurance as respect the I City Any Insurance, self-insurance,or insurance pool coverage maintained by the City shall be excess of the Contractor's insurance and shall not contribute with it 2 The Contractor's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty(30)days prior written notice by certified mail,return receipt requested,has been given to the City 3 The City of Kent shall be named as an additional insured on all policies (except Professional Liability)as respects work performed by or on behalf of the contractor and a copy of the endorsement naming the City as additional 1 insured shall be attached to the Certificate of Insurance The City reserves I the right to receive a certified copy of all required insurance policies The Contractor's Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability D. Acceptability of Insurers Insurance is to be placed with insurers with a current A M.Best rating of not less than ANH E. Verification of Coverage Contractor shall furnish the City with original certificates and a copy of the amendatory endorsements,including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Contractor before commencement of the work. F. Subcontractors Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor All coverages for subcontractors shall be subject to all of the same insurance requirements as stated herein for the Contractor. Kent City Council Meeting Date April 19, 2005 Category Consent Calendar 1. SUBJECT: NATURAL SYSTEMS CONSULTANT AGREEMENT— AUTHORIZE 2. SUMMARY STATEMENT: Authorize the Mayor to sign the contract with Natural Systems Design for $105,095.00 to provide the City with technical assistance on the Garrison Creek Realignment/Flood control project, which is on the SR 167 off-ramp at South 212"' Street, upon concurrence of the language by the City Attorney and the Public Works Director. 3. EXHIBITS: Public Works memorandum and Consultant Services agreement 4. RECOMMENDED BY: Public Works Committee (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? X Revenue? Currently in the Budget? Yes X No If no: Unbudgeted Expense: Fund Amount $ Unbudgeted Revenue: Fund Amount $ 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 6J 1 -- PUBLIC WORKS DEPARTMENT Larry Blanchard, Public Works Director Phone 253-856-5500 Fax 253-856-6500 K EN T Address 220 Fourth Avenue S WASHINGTON Kent,WA 98032-5895 DATE: March 29,2005 TO: Public Works Committee FROM: Larry Blanchard,Public Works Director LAb 03-29-05 THROUGH. Mike Mactutis,Environmental Engineering Supervisor SUBJECT: Natural Systems Design MOTION Recommend authorizing the Mayor to sign the Consultant Agreement with Natural Systems Design for $105,095 to provide the City of Kent technical assistance on the Garrison Creek Realignment/Flooding on SR 167 Off-ramp at S. 212th Street upon concurrence of the language therein by the City Attorney and Public Works Director SUMMARY: This contract will provide the City of Kent highly technical assistance on the design and construction inspection relating to the Gamson Creek Realignment—Flooding on SR f 167 Off-ramp at S 2120' Street BUDGET IMPACT There will be no unbudgeted fiscal impacts as a result of this contract BACKGROUND During large rain events, the State Route 167 north bound S 2121'off- ramp will have standing water over the roadway and may be closed due to the safety hazard The City of Kent received a$300,000 grant from WA Department of Transportation to construct a solution of the flooding problem by realigning and/or enhancing Garrison Creek We have completed a feasibility study on the issues causing the flooding of the off-ramp The City is requesting design,permit assistance, and construction inspection be completed to ensure that the off-ramp will no longer have to be closed due to flooding. The technical expertise of Natural Systems Design will help provide the City with technical knowledge and efficiency needed to implement a solution to the flooding problems while enhancing the local fisheries habitat and preparing the area for future wetland enhancement. Mayor White and Kent City Council 1 KENT was n �oroM i CONSULTANT SERVICES AGREEMENT i between the City of Kent and Natural Systems Design THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City'), and Natural Systems Design organized under the laws of the State of Washington, located and doing business at PO Box 15609, Seattle, WA 98115, Phone (206) 834-0175/Fax (206) 268- 0112, Contact Mike Hrachovee(hereinafter the"Consultant") I. DESCRIPTION OF WORK. Consultant shall perform the following services for the City in accordance with the following described plans and/or specifications The Consultant shall provide consultation for the design, permitting, and to build a solution for the flooding on the SR 167 off-ramp at 212th Street. For a detailed description,see the Scope of Work which is attached as Exhibit A and incorporated by this reference IConsultant farther represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices in effect at the time those services are performed. H. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in Section I above immediately upon the effective date of this Agreement. Upon the effective date of this Agreement, Consultant shall complete the work descnbed in Section I by December 31,2005 III. COMPENSATION. A The City shall pay the Consultant, based on time and materials, an amount not to exceed One Hundred F ive T housand, N inety Five D ollars($105,095 00)f or the s ervices described i n tlus Agreement This is the maximum amount to be paid under this Agreement for the work described in Section I above, and shall not be exceeded without the prior written authorization of the City in the form of a negotiated and executed supplemental agreement The Consultant agrees that the hourly or flat rate charged by it for its services contracted for herein shall remain I locked at the negotiated rate(s) for a period of one (1) year from the effective date of this Agreement The Consultant's bilhng rates shall be as delineated in Exhibit A B. The Consultant shall submit monthly payment invoices to the City for work performed, and a final bill upon completion of all services described in this Agreement The City shall provide payment within forty-five (45) days of receipt of an invoice. If the City objects to all or any portion of an invoice, it shall notify the Consultant and reserves the option to only pay that portion o f t her nvoice n of i n d ispute. In that event, the parties will i mmediately m ake every effort to settle the disputed portion CONSULTANT SERVICES AGREEMENT- i (Over$10,000) IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor- Employer Relationship will be created by this Agreement and that the Consultant has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement i V. TERNIINATION. Either party may terminate this Agrccment, with or without cause, upon providing the other party thirty (30) days written notice at its address set forth on the signature block of this Agreement After termination, the City may take possession of all records and data within the Consultant's possession pertammg to this project, which may be used by the City without restriction If the City's use of Consultant's records or data is not related to this project, it shall be without liability or legal exposure to the Consultant VI. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any subcontract, the Consultant, its subcontractors, or any person acting on behalf of the Consultant or subcontractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates Consultant shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative Policy 12, and upon completion of the contract work, file the attached Compliance Statement VII. INDEMNIFICATION. Consultant shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Consultant's performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence The City's inspection or acceptance of any of Consultant's work when completed shall not be grounds to avoid any of these covenants of indemnification Should a court of competent jurisdiction determine that this Agreement 1 s subject to RCW 4 24115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, agents and volunteers, the Consultant's liability hereunder shall be only to the extent of the Consultant's negligence IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER The provisions of this section shall survive the expiration or termmation of this Agreement i VIII. INSURANCE. The Consultant shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit B attached and incorporated by this reference IX. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide reasonable accuracy of any information supplied by it to Consultant for the purpose of completion of the work under this Agreement. CONSULTANT SERVICES AGREEMENT-2 (Over$10,000) X. OWNERSHIP AND USE OF RECORDS AND DOCUMENTS. Original documents, drawings, designs, reports, or any other records developed or created under this Agreement shall belong to and become the property of the City All records submitted by the City to the Consultant will be safeguarded by the Consultant Consultant shall make such data, documents, and files available to the City upon the City's request The city's use or reuse of any of the documents, data and files created by Consultant for this project by anyone other than Consultant on any other project shall be without liability or legal exposure to Consultant XI. CITY`S R IGHT O F I NSPECTION. E ven though Consultant is an independent contractor with the authority to control and direct the performance and details of the work authorized under this Agreement, t he w ork m ust m eet t he a pproval o f the C ity and shall b e subject t o t he C ity's general r ight o f inspection to secure satisfactory completion. XIL WORK PERFORMED AT CONSULTANT'S RISK. Consultant shaII take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose All work shall be done at Consultant's own risk, and Consultant shall be responsible for any loss of or damage to materials,tools, or other articles used or held for use in connection with the work XIII. MISCELLANEOUS PROVISIONS. A. Recyclable Materials Pursuant to Chapter 3 80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable A price preference may be available for any designated recycled product B Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement ui one or more instances shall not be construed to be a waiver or relinquishment of those covenants,agreements or options, and the same shalt be and remain in full force and effect C Resolution of Disputes and Governing Law This Agreement shall be governed by and construed in accordance with the laws of the State of Washington if the parties are unable to settle any dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means of resolving I that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any clams or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorneys fees incurred in defending or bringing such claim or lawsuit, in addition to any other recovery or award provided by law, provid however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section VII of this Agreement D. Written Notice All communications regarding this Agreement shall be sent to the parties at the I addresses listed on the signature page of the Agreement, unless notified to the contrary Any written notice hereunder shall become effective three(3)business days after the date of mailing by registered or certified marl, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing E Assig merit Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void If the non-assignmg party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent CONSULTANT SERVICES AGREEMENT-3 (Over$10,000) F. Modification No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Consultant G Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior veibal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or alteiing in any manner this Agreement. All of the above documents are hereby made a part of this Agreement However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. H. ComRliance with Laws The Consultant agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Consultant's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. IN WITNESS,the parties below execute this Agreement, which shall become effective on the last date entered below. CONSULTANT: CITY OF KENT: 1 By By (signufLre) (signmur e) Print Name Print Name- Jim White Its Its Mayor (Title) (Title) DATE- DATE- NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONSULTANT: CITY OF KENT: Mike Hrachovec Larry R Blanchard Natural Systems Design City of Kent PO Box 15609 220 Fourth Avenue South Seattle, WA 98115 Kent, WA 98032 (206) 834-0175 (telephone) (253) 856-5500(telephone) (206) 268-0112 facsimile (253) 856-6500(facsimile) APPROVED AS TO FORM: Kent Law Department Natural systems Design-SR 1670ff-Ramplran CONSULTANT SERVICES AGREEMENT-4 (Over$10,000) DECLARATION CITY OF RENT EQUAL,EMPLOYMENT OPPORTUNITY POLICY The City of Kent is committed to conform to Federal and State laws regarding equal opportunity As such all contractors, subcontractors and suppliers who perform work with relation to tlus Agreement shall comply with the regulations of the City's equal employment opportunity policies. The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative response is required on all of the following questions for this Agreement to be valid and binding If any contractor, subcontractor or supplier ; willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of contract and it will be at the City's sole determination regarding suspension or termination for all or part of the Agreement, The questions are as follows i1. I have read the attached City of Kent administrative policy number 12 ■ 2. During the time of this Agreement I will not discriminate in employment on the basis of sex,race, color, national origin,age,or the presence of all sensory,mental or physical disability 3. During the time of this Agreement the pnme contractor will provide a wntten statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 4. Dunng the time of the Agreement I, the prime contractor,will actively consider hiring and promotion of Iwomen and mmonties 5. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime Contractor, that the Prime Contractor complied with the requirements as set forth above. By signing below,I agree to fulfill the five requirements referenced above Dated this day of 200_ i By. For Title: Date. i EEO COMPLIANCE DOCUMENTS- t l CITY OF KENT ADIVIINISTRATIVE POLICY NUMBER- 12 EFFECTIVE DATE January 1, 1998 SUBJECT: MINORITY AND WOMEN SUPERSEDES April 1, 1996 CONTRACTORS APPROVED BY Jim White,Mayor POLICY. Equal employment opportunity requirements for the City of Kent will conform to federal and state laws All contractors, subcontractors,consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year,must take the following affirmative steps- 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer 2. Actively consider for promotion and advancement available ininonties and women. Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City's equal employment opportunity policy. 2 Monitoring to assure adherence to federal, state and Iocal laws,policies and guidelines t EEO COMPLIANCE DOCUMENTS-2 t CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement. I, the undersigned, a duly represented agent of Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as that was entered into on the 1date) , between the firm I represent and the City of Kent I declare that I complied fully with all of the regwrements and obligations as outlined in the City of Kent Administrative Policy 12 and the Declaration City of Kent Equal Employment Opportunity Policy that was part 1 of the before-mentioned Agreement. Dated this day of 200_ By For: 1 Title: Date: i 1 EEO COMPLL4NCE DOCUMENTS-3 Natural 5 stems De5i n Stream&Ripartan P.O Eax 15609 liebource Management Seattle,\VA 98115 March 15, 2005 EXHIBIT A To: Beth Tan, P E. City of Kent- Public Works Department 220 4th Ave S. Kent, Washington 98032-5895 Re: Revised Design Scope and Budget—Flooding at SR 167 Beth— The following scope and budget is to design, permit and build a solution for the flooding on the SR 167 off-ramp at 212tt' St. which also enhances local fisheries resources and prepares the site for future use in off-site wetlands mitigation efforts This scope is based on the recommendations of the 2/15105 report"Preliminary Feasibility Evaluation, Middle Garrison Creek— Flooding and Stream Restoration". Budget and Schedule The total cost of this design work is broken down as follows- Design,including Permitting and Wetlands Assessment. Project Design: $33,080 Wetlands assessment&delineation. $ 8,085 Permitting. $ 5,850 Coodination, PM, construction guidelines. $11,440 Subtotal: $58,465 Construction Supervision* Construction Preparation: $ 3,280 Construction Supervision* $43.360 Subtotal* $46,640 Total. $105,095 We are prepared to start this design work immediately, in order to maximize the possibility of completing construction during summer 2005. Project work can start as soon as the City provides a base map of the project area, with minimum 2-ft contours in Areas A, B, C and D and E up to the 218`h St. Bridge 1 . Scope This design package is intended to address the following: 1) Reduce incoming flows which contribute to flooding at the 212th St off-ramp,by reconstructing a new stable channel for Garrison Creek which nas significant ' habitat value and provides reliable fish passage to upper reaches of the creek 2) Re-grade the topography eastward of the off-ramp to properly manage incoming surface water and ensure proper drainage into Garrison Creek A Design-Build approach has been assumed for this project to minimize design and construction costs and speed the implementation schedule. The design package will be minimized, and no formal bid documents will be created. King County is assumed to be the Contractor The design package will identify a new channel location for Garrison Creek, connection points to tie into the existing channel, modification of surface topography adjacent to the off-ramp, and channel modifications between the off-ramp bridge and the twin culverts under SR 167. The area adjacent to the off-ramp will be designed in such a way as to allow for use of the site for future off-site wetlands mitigation efforts The project boundaries are from the 218"" St. bridge to the culverts underneath SR 167, from the eastern edge of the Garrison Creek floodplain boundary to the SR 167 ROW This scope does not cover design efforts for channel stabilization upstream of the 21Bih St Bridge. The scope consists of the following tasks. Review Existing Conditions • review existing documents for information on flows, sediment loading, and one I site visit to assess channel stability upstream of 218th St • Existing Wetlands Assessment & Delineation: o Dyanne Sheldon of Sheldon and Associates will be retained at project start to identify and delineate existing wetlands on site and provide guidance on integrating existing wetlands considerations into project design and construction, ' Hydraulic Design: • Hydraulic calculations to determine channel sizing, wood anchoring requirements, peak flow capacity, floodplain flow velocities, drainage requirements 1 Field Work • Fieldwork to identify the optimum location for the new channel, appropriate grading for the surface water management grading, and the integration of these design elements 2 Design Drawings: • Design drawings will be developed, including cover sheet, plan view, stream and riparian corridor 1 floodplain design, surface water management area, planting plan and detail sheets. Stream drawings will consist of stream corridor with typical 1000 channel design and relevant details at tie-in locations wan existng channel Planing plan will consist of list of typical species and planting corridor Construction Guidelines- • Brief construction guidelines will be prepared which idenfify design goals, quantities of excavation and imported materials • Construction cost estimate will be developed Coordination • The following meetings will be held. 0 2 meetings with the City to review the design at 30% and 60% levels 0 1 meeting with King Co crews to review the design and site logistics 0 1 meeting with permitting agencies at 30% design Permitting • Emese Kiss of Ecodecisions Environmental Services will be retained to perform permitting activities • A minimal Biological Evaluation will be developed based on the existing programmatic BE if needed Protect Management • Communications with the City, King Co , staff and subconsultants _Construction Supervision• • Construction Preparation to coodinate materials, equipment and manpower prior to construction as well as project stakeout • Supervision of construction of new Garrison Creek channel and surface water management grading—approximately 5 weeks of construction 3 Products o One set of stamped engineering drawings,with the following anticipated sheets o Cover sheet wlpotes, vicinity map 9 sheet o Plan view of overall project sits 1 sheet ' o Stream 3 sheets o Surface water management grading plan 1 sheet o Detail sheets 2 sheets o Planting 1 sheet Total 9 sheets • One set of construction guidelines, approximately 2 pages • Post-Construction. Final design drawings with relevant field notes Please let me know if you would like any modifications to this scope and budget proposal. We look forward to working with you on this challenging protect. 1 Sincerely, Mike (Rocky) Hrachovec, P E. President, Natural Systems Design 1 4 r r r - - r Natural Systems Design Flooding at SR 187 Design and Permitting Budget•Ng Wetlands Complex Stall Mdce HraehovMc Alan Johnson Marcia Fischer Nick Silverman Dyanne Sheldon Encase Kral Subtotal rate/hr $ 110 00 $ 11000 S 8500 S 4000 $ 10500 $ 6500 ewew sixistmo Condibom $12085 data-Bowe,sedanenGnooding a upstream stability assessmen 8 8 existing wetlands assessment and delirmabici 4 4 12 77 iHYdraUlK Deign $3400 Hytlraubc force analyia-aV�a 8 4 0 —hydratiheanialysis.surface H2O mom 12 4 a Field Work SB 960 map out channel looeban 8 8 12 map out drainage facilities 8 8 12 gather l'contour data near overpass a 8 12 finalize integration details 8 a 12 Design Drawings $16 720 channel drawinge 18 19 50 drainage facdibes drawingi la 8 36 planting,musing fi 12 cove , cover,tlateds 12 4 32 incorporate review cemment a 4 24 Construction qudelines a coat set 1 760 construction guideline a 2 construction cost eslima! 6 Coordina tron review $5 280 Design review meebnp 12 12 On-site review,w/aonbanto 6 6 On-site review Wpennitbng agenda 6 6 pemmiling g0 $5 fl50 r Project Management 40 $4 400 Total Fours 212 112 0 222 77 90 713 S $23320 $12,320 $0 $8860 $8,085 $5 IM S58 55 Gsmwn Creek Design Budget-no wetlands A 3116=05 r Nahnal Systems Design Floodtng at SIR 167 Construction Supervision Budget-No Wetlands Complex Staff Mike Hrachovec Man Johnson Marcia Fischer Nick Silverman Dyanne Sheldon Emese We subtotal rateRv $ 11000 $ 11000 $ B5 00 $ 4000 $ 10s o0 $ 6500 Construction Preparation sa 280 contractor coordination a stakeout and flagging 6 6 16 Construction SuPerv&W $a2 480 channel construction 16 200 100 drainage features construction 80 12 60 planting 6 4 Project closure,agency and City final review 8 as-builts 0 0 0 Project Management a $880 Total Hours 136 224 0 176 0 0 538 $14 960 $24 640 0 $7 040 $0 $0 $46 646 IGarrison Creek Design Budget-no wetlands As 371ef2ao5 3 • Natural Systems Design Flooding at SIR 167 Budget Summary-No Wetlands Complex Design Design $ 33,080 Wetlands Assessment and Delineation $ 8,055 ' Permitting $ 5,850 Coordination, PM, Const Guidelines $ 11,440 Subtotal $ 58,455 Construction Supervision Constniction Preparation $ 3,280 Construction Supervision $ 43,360 ' Subtotal $ 46,640 Total $ 105,095 i 1 t I Tan, Beth From: Mike Hrachovec frocky@naturaldes.com) Sent: Friday,March 11, 2005 6 54 AM To: Tan, Bet Cc: Alan Johnson Subject: Garrison Creek Schedule Beth- The following project schedule is possible for this project,assuming an early-start approach(as opposed to a late- finish approach where we back up the timeline from the latest possible completion date) Design Start-Week of March 14th-predicated on completion of budgettscope discussions Week of March 14th-Kickoff design,wetlands investigation,permitting Week of March 28th-Meet with City to discuss concept design and findings of wetlands and permitting investigations-make determination of final project goals,locations and general sizing of major features,overland flow management Week of April Ott'-On-site visits with Contractor to review design and identify opportunities,constraints and estimated costs/construction timeframe,on-site visit with regulators to review 30%design and get initial feedback, any changes required to address concerns Week of April 11v'-continue design work Week of May 2nd-review 60%design with City Week of May 16M-finalize design,on-site meeting with regulators to review final design as appropriate Week of May 23'd-file for final permits July-anticipate receipt of permits August-Sept-Construction This is an aggressive schedule, with little wiggle room in the timeline(maybe two or three weeks total at this Point). As we get later into the season, it will likely become more difficult to arrange meetings with the regulators, which could slow progress Early start works in favor of the project being completed this year. 1 Cheers- Mike (Rocky) Hrachovec, P E Natural Systems Design Tel 206-834-0175 Cel 206-856-3586 Fax 206-268-0112 1 3/16/2005 Kent City Council Meeting Date April 19, 2005 Category Consent Calendar 1. SUBJECT: S. 228m STREET RAILROAD GRADE SEPARATION CONSULTANT CONTRACTS —AUTHORIZE 2. SUMMARY STATEMENT: Authorize the Mayor to sign consultant services agreements for structural engineering, hydraulic engineering, environmental review, ' value engineering, bridge design peer review, geotechnical engineering, landscape consultants, real property appraisal, real property review appraisals, property negotiators, utility design or other contracts determined to be necessary for the 228`" Corridor Railroad Grade Separation Crossings over the Burlington Northern and Union Pacific Railroads. This authorization is limited to consultant contracts only; construction bids for this ' project will not be awarded or contracted without separate council approval. 3. EXHIBITS: Public Works memorandum 4. RECOMMENDED BY: Public Works Committee (Committee, Staff, Examiner, Commission, etc.) ' 5. FISCAL IMPACT 1 Expenditure? X Revenue? X Currently in the Budget? Yes X No If no: Unbudgeted Expense: Fund Amount $ Unbudgeted Revenue: Fund Amount $ 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ( ACTION: Council Agenda Item No. 6K PUBLIC WORKS DEPARTMENT Larry R Blanchard, Public Works Director • Phone: 253-856-5500 Fax 253-856-6500 K E N T I W A S H I N O T O N Address 220 Fourth Avenue S Kent,WA 98032-5895 DATE: April 11, 2005 TO: Mayor White and Kent City Council FROM: Tim LaPorte ' THROUGH Larry Blanchard SUBJECT: 228`h Street Corridor Grade Separations Project SUMMARY: The City has for a number of years listed the 2281h Corridor Grade Separations on the Six year Transportation Improvement Program The City has actively sought after grants from a number of sources including FAST (federal appropriations),Freight Mobility Improvement Board (State appropriations) and has thus far received over$10 million in grants for this project To complete the project within the timeframe specified by the grant agencies the City will have an ambitious work program and will utilize an array of engineering consultants, appraisers and negotiators to enable the design to proceed unimpeded After the consultants are selected following the applicable City policy, approval of this motion would enable staff to enter into these contracts according to schedule,but only if within the established budgets and further subject to the Mayor's authorization. BUDGET IMPACT: No Unbudgeted Fiscal/Personnel Impact as a result of the contracts that would be authorized by this action. BACKGROUND:The 228`h Street Corridor Grade Separations has been on the City's ' Transportation Improvement Program since 1997 The difficulty in executing a massive capital project of this size (over$40 million) is securing complete funding For example, staff worked for over 5 years to secure the $8 5 million FMSIB grant which is a significant portion of the funds needed The timing of the project is dependent on a number of factors, including timeframes for when the grant money has to be spent The City has traditionally hired the consultant experts in the areas listed above as we do not have in house experts in those disciplines In programming ahead, having the authorization to hire the appropriate consultants needed in a timely fashion will save months of time at crucial points in the project design/planning stages and help enable the project to proceed toward construction on schedule. Construction contracts would be brought to the City Council for approval award, after taking advertised bids, when the project gets to that point in implementation. Mayor Whae and Kent City Council 1 Kent City Council Meeting Date_ April 19, 2005 Category Consent Calendar 1. SUBJECT: PUGET SOUND ENERGY CONSTRUCTION AGREEMENT FOR MILITARY ROAD UNDERGROUND POWER CONVERSION— AUTHORIZE 2. SUMMARY STATEMENT: Authorize the Mayor to sign the Puget Sound Energy Construction Agreement for Military Road Underground Power Conversion, upon concurrence of the language by the City Attorney and the Public Works Director. 3. EXHIBITS: Public Works Director's memorandum and Puget Sound Energy Construction agreement 4. RECOMMENDED BY: Public Works Committee (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure9 X Revenue? X Currently in the Budget? Yes X No If no: Unbudgeted Expense: Fund Amount $ Unbudgeted Revenue: Fund Amount $ ' 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds i DISCUSSION: 1 ACTION: Council Agenda ' Item No. 6L PUBLIC WORKS DEPARTMENT Larry Blanchard, Public Works Director Phone 253-856-5500 Fax 253-856-6500 KEN T Address 220 Fourth Avenue 5 WASHINGTON Kent,WA 98032-5895 1 DATE: March 31,2005 TO: Public Wor s Committee FROM: Chad Biere , enior Project Engineer THROUGH Lary Blanchard,Public Works Director a 1'3 I-o$ SUBJECT: Puget Sound Energy Construction Agreement for Military Road Underground Power Conversion MOTION Recommend authonzing the Mayor to sign the Puget Sound Energy Construction Agreement upon concurrence of the language therein by the City Attorney and the Public Works Director SUMMARY: The Public Works Director recommends approval of the agreement and that the Mayor be authorized to sign same upon concurrence of the final language by the City Attorney BUDGET IMPACT. No Unbudgeted Fiscal/Personnel Impact BACKGROUND: As part of the S 228th Street Extension project Military Road will be widened to five lanes The overhead utilities need to be converted to underground in accordance with City ordinance The attached draft agreement with Puget Sound Energy establishes a scope of work,schedule, and costs for PSE's work The estimate for the City's portion of the work is ' $179,200 ' Mayor White and Kent City Council I Puget Sound Energy Construction Agreement CITY OF KENT MAR 2 8 2005 PUGET SOUND ENERGY ENGINEERING DEPT ' Exhibit A: Project Plan City of Kent: Military Road Underground Conversion South 229* to South 239th Project Number 101023682 2/7/05 This Project Plan describes work to be performed by Puget Sound Energy and/or its contractor 1 ("PSE") and the City of Kent and/or its contractor("City")for the conversion of certain PSE electrical distribution system facilities as described herein(the"Conversion Project") In addition to this document, this Project Plan includes and consists of Attachment A-Relevant drawings and specifications for the Conversion Project work Attachment B-Relevant PSE Standards for installation of PSE facilities Attachment C-Project Cost Estimate document(s) 1 . Attachment D—Operating Rights being acquired by City Attachment E—List of existing overhead services to be converted. Revisions to this Protect Plan must be mutually approved by the City and PSE Conversion Proiect Scope Pursuant to PSE's Schedule 74,PSE will convert its existing overhead distribution system of 15,000 volts and less to an Underground Distribution System within the following area(the "Conversion Area") Along Military Road South from approximately 150' north of South 239`a St to 400' north of 22861 St Total trench length is approximately 3,220 lineal feet The Conversion Project includes modification or replacement of all existing service lines within the Conversion Area to connect to the Underground Distribution System and removal of PSE's existing overhead distribution facilities from the Conversion Area Refer to project drawings for PSE Work Order 101023682 In conjunction with the Conversion Project,PSE will remove its existing street lighting system ' within the Conversion Area and relocate the existing transmission poles to the back of the proposed sidewalk There are no Company Initiated Upgrades, Government Requested Upgrades or Temporary Service elements included in this Project Scope, The existing three phase overhead pole]me on Bolger(228th)is located outside of the existing Public Thoroughfare Because of this,the cost to replace this first pole and the up-feed termination is 100%City cost City of Kent Page 1 Military Rd Conversion 101023682 _ r 1 Operating Rights The primary voltage meter pole on the City of Seattle property is currently located outside of the Public Thoroughfare and the new pad mounted primary metering cabinet will also be located outside of the Public Thoroughfare on City of Seattle property The first pole on Bolger(228f)is located outside of the existing Public Thoroughfare.All other existing overhead distribution facilities are located within the Public Thoroughfare With the exception of the metering cabinet, , the new Underground Distribution System will be located within Public Thoroughfare Unless otherwise mutually agreed,operating rights to provide Sufficient Space will need to be acquired pursuant to Schedule 74 Section 3 prior to the start of Conversion Project construction. City Responsibilities Notice to Customers: The City will provide appropriate written notice to customers within the Conversion Area prior to the start of Conversion Project construction work, including City and PSE contact information, Conversion Project Schedule,notice that service interruptions maybe required and work required to be performed by customers ' Trenching, Restoration&Job Coordination: The City, or it's Contractor, will perform all excavation and trenching, sbonng(if required),bedding,backfill, site restoration and project coordination required for the installation of the Underground Distribution System Surveying: The City will perform all surveying for alignment and grades of vaults, ducts and poles for the installation of the Underground Distribution System , Installation of Ducts& Vaults: The City,or it's Contractor, will perform the installation of ducts and vaults for the Underground Distribution System using materials provided by PSE subject to inspection and acceptance of this work by PSE. A complete installation includes grouting the vault entrances,proofing the duct, installation of mule tape and end plugs on all spare conduits. Notice for Materials Delivery: The City will provide PSE ten(10)working days notice prior to the start of ducts and vaults installation by the City to allow for delivery of PSE's materials, scheduling of vault deliveries and scheduling of PSE's construction inspector. Staging and Storage: The City, or it's Contractor, will provide secure staging and storage i area(s)for ducts and vaults materials provided by PSE and will be responsible for the security and condition of these materials until they are installed and accepted by PSE or returned to PSE. Traffic Control: The City will provide flagging and traffic control as required for all work performed by the City Notice to Convert or Modify Service Lines: Unless otherwise specified in tlus Project Plan,at the completion of the Conversion Project all customers within the Conversion Area must be served by underground services Imes The City will provide written notice, in accordance with RCW 35.96 03, to customers within the Conversion Area that they must replace existing overhead service lines with underground service Imes or modify/reroute existing underground service lines as required to connect to the Underground Distribution System Service fines to be replaced or modified are listed in this Project Plan. , City of Kent Page 2 ' Military Rd Conversion 101023682 r Coordination of Other Utilities: The City will coordinate the removal and relocation of other utilities attached to PSE's poles within the Conversion Area and will coordinate any joint use by other utilities of any excavations and/or trenches used for the Conversion Project PSE Responsibilities Ducts &Vaults Materials: PSE, or it's Contractor/vendor,will provide and deliver on site all materials for installation of ducts and vaults by the City. Inspection and Acceptance of Ducts &Vaults: PSE will provide inspection services to oversee proper installation of ducts and vaults by the City PSE will accept the completed ducts and vaults system once the new system has been proofed by the City or it's Contractor "Proofing"is defined as successful confirmation by use of a mandrel that the duct system is free and clear of debris and damage, installed to the proper grade and locations and containing a pulling mule tape Mandrel will be loaned by PSE to the City or it's Contractor. ' Existing Vaults: PSE will provide an electrical worker to complete conduit installations and proofing of conduit when site requires work in an energized vault Installation and Removal of Electrical Facilities: Following acceptance of the ducts and vaults system installed by the City,PSE will install all electrical facilities for the Underground Distribution System and will remove the existing overhead facilities (including overhead services lines)within the Conversion Area after the Underground Distribution System is placed in service, all customer service Imes are connected thereto and all other utilities have been removed from PSE's poles PSE will fill holes left after pole remove with compacted crushed rock. Traffic Control: PSE will provide flaggmg and traffic control as required for all work performed by PSE Underground Service Lines: Unless otherwise specified in this Project Plan, at the completion of the Conversion Project all customers within the Conversion Area must be served by ' underground services lines PSE will install underground service lines for single-family residential customers (in trenches and conduits provided by the customer) and will connect all underground service lines to the Underground Distribution System, all in accordance with PSE Schedule 85 PSE will provide information and assistance to customers and the City to facilitate ' work to be performed by customers associated with underground service Imes. PSE will disconnect and reconnect service to customers during regular business hours and will schedule service line work with customers at least two business days in advance Service lines to be 1 replaced or modified are fisted-in this Project Plan. Service Interruptions: Temporary interruptions of electrical service to customers will be required during construction of the Conversion Project and transfer of customers to the Underground Distribution System PSE will use reasonable efforts to provide at least two working days advance notice of service interruptions to customers ' Construction Meetings:PSE,or it's Contractor will be available for weekly meetings during the installation of PSE equipment City of Ken Page 3 Military Rd Conversion ; 101023682 Construction Work Schedule , The Conversion Project Work will be performed in accordance with the following Work Schedule,unless thus Schedule is revised by mutual consent and agreement of the City and PSE ' or circumstances beyond the control of PSE and the City preclude such performance Installation of ducts and vaults: The City will advertise for bids in March 2005 and anticipates starting installation of the vault and duct in April 2005 The City expects to install a mimmum of , 100 trench feet per day including vaults It is estimated that installation on the duct and vault system will be completed in June 2005 Installation of equipment,connection of customer service lines and removal of the existing , overhead facilities: Installation of the electrical system by PSE will start immediately after the duct and vault system is complete and accepted by PSE Work will progress in a single uninterrupted effort until the entire system is energized PSE or it's Contractor,will convert , overhead customer services to underground witlun the 90 day period after the system is energized. Once all services have been converted and all other utilities have removed their facilities, PSE,or it's Contractor will remove the poles within 15 business days ' Project Cost Estimate &Allocation ' Actual project costs will be allocated pursuant to the Conversion Project Design Agreement and Construction Agreement and PSE's rate Schedule 74. , Assumptions The Project Design Work(construction plans and specifications), Construction Schedule and Construction Costs Estimate are based on and reflect the following assumptions. Construction ' conditions that are not consistent with these assumptions may result in a request for change to the Construction Schedule and/or Construction Costs Estimate pursuant to Section 6 of the Construction Agreement. ' Schedule 1 PSE will be provided continuous access to the construction site and associated electrical work during all working days A working day for the delivery and installation of vaults and ducts is defined as an 8 hour day Monday through Friday between the hours of 7.00 am and 6 00 pm,excluding holidays.A working day for a PSE line crew is defined as up to a 10 hour ' day Monday through Friday between the hours of 7 00 am and 6 00 pm, excluding holidays 2 Should lane closures become necessary, a northbound lane closure is limited to the hours between 9:00 am and 5:00 pm Monday through Friday and a southbound lane closure is ' limited to the hours between 8 00 am and 3 00 pun Monday through Friday. 3 Once PSE's construction crews are mobilized,the conversion will be constructed in one ' continuous nonstop effort, end to end,until the project is completed City of Kent Page 4 I, Military Rd Conversion 101023682 ' 4 Cut-over and transfers of existing customers will be performed during regular business hours. ' Overtime charges maybe assessed for work, including inspection,performed outside of the regular business hours referenced in assumption 1 5 PSE's contractor and the City's contractor will mutually agree upon a schedule for excavation ' for and delivery of all vaults. Scheduling for delivery of vaults from the manufacture will require a mimmum of two days notice 6 Customer work to install or modify service Imes and work necessary by other utilities will be performed and competed so as not to interfere with or delay the performance of PSE's work. PSE Design Plans 7 The Conversion Project will be performed as shown in PSE's project drawings and PSE's design and construction standards which accompany tlus Project Plan. 8. Locations for facilities as shown on PSE's project drawings are available for use ' 9 This Project Plan does not include installation and removal of"temporary"facilities at the request of others during construction ' 10. It is not anticipated that protective bollards for above ground equipment will be necessary on this project. If,due to final placement of equipment,bollards become necessary they will be installed as a shared cost Cost Estimate 11. The estimated costs presented in the Construction Costs Estimate Summary are based on the ' installation of facilities at locations shown in PSE's project drawings and otherwise in accordance with this Project Plan 12. The estimated costs presented in the Construction Costs Estimate Summary are based on the performance of work by PSE in accordance with the Construction Work Schedule included in this Project Plan during the working period addressed in assumptions 1 and 2 above 13. The open cut trench across SR-516 will be done outside of the normal working day For this ' work PSE's Inspector will be working at an overtime rate of pay for five days. The cutover of the existing underground power at Poulsbo RV will cause a power outage for eight hours This work will be done at night at an overtime rate of pay All other work will be done at a ' straight time rate of pay. 14 The estimated costs presented in the Construction Costs Estimate Summary provide for performance of duct&vault installation by the City and PSE inspection of this work 15.A WSDOT Franchise Amendment is required for PSE facilities installed across SR-516 A City of Kent Right of Way permit is required but there will be no charge for the permit. These are the only permits required for the project. City of Kent Page 5 Military Rd Conversion 101023682 PSE Facilities Design Standards ' The following PSE Design Standards are included in this Project Plan and may be applicable to this Conversion Project- ' 6315.0008 Guard Posts for Padmount Transformers 6325 3200 Underground Services ' 6775,0035 Vault,Handhole and Padmounted Equipment Location 6775 0040 Vault and Handhole Installation 6790 0075 Customer Supplied Trench Requirements , 6790 3050 Using Fluidized Thermal Backfill 6800 4050 Depth of Bunal Requirements for Underground Cable , 6800.6000 PVC Conduit Installation 6825 6505 Installation of Electronic Markers Temporary Support Molding) of PSE Poles , Whenever one or more poles belonging to PSE or supporting PSE conductors or equipment are required to be temporarily supported during excavation in proximity to such poles, the City or its contractor will coordinate with PSE or its contractor to provide such support. The need to temporarily support any such poles shall be determined by a qualified PSE employee or PSE contractor If required, such temporary support shall be provided by PSE or its contractor. As used herein, "temporary support"means supporting one or more poles for a continuous working period of ten hours or less Whenever the requirement for temporary pole support is due to excavation for installation of PSE's underground electric distribution system,the cost of such support will be allocated ' pursuant to PSE's Schedule 74 section 2 b Whenever the requirement for temporary pole support is due to excavation for installation of ' City owned facilities and is not otherwise required for installation of PSE's underground electric distribution system, the cost of such support will be allocated pursuant to the existing franchise agreement between the City and PSE(if applicable)or as otherwise mutually agreed by the City ' and PSE Whenever the requirement for temporary pole support is due to excavation for installation of facilities by or for a party other than the City and is not otherwise required for installation of PSE's underground electric distribution system,the cost of such support will be borne by the party requesting or requiring the support , i City of Kent Page 6 ' Mlitary Rd Conversion 101023682 ' Services Lines Underground Service Lines: Unless otherwise specified in this Project Plan, at the completion of the Conversion Project all customers within the Conversion Area must be served by underground services lines This includes the primary voltage service to the City of Seattle Customers must make their premises ready for service by underground service lines and must ' make application to PSE for replacement,modification and connection of service Imes Non-residential customers must provide suitable customer installed,owned and maintained underground service lines in accordance with PSE Schedule 85 For the City of Seattle primary ' voltage service,PSE will install a primary voltage metering cabinet The City of Seattle will connect their primary voltage underground cables to the meter cabinet Residential customers(single family residences)must provide the trench,backfill and suitable ' conduit under obstructions(if any)to PSE's specifications, and PSE will install,own and maintain the service lines therein in accordance with PSE Schedule 85. ' Please see Attachment E for a list of existing overhead services to be converted. t Acceptance of Proiect Plan The City and PSE mutually agree to and accept this Project Plan as of the date indicated- For the City. For PSE. By BY ' Date Date- City of Kent Page 7 Military Rd Conversion 101023682 CITY OF KENT EASEMENT REQUIREMENTS- OH to UG Conversion,Military Rd ' Easement Business Name Address Station Easement Parcel# Description Number Size J03,VO4 Will fit in RW it tare of curb is min 15.V from lace of &V05 14+90 LT NA rock wall. ' PV02 18+00 LT NA Will fit In RW If face of curb to RW is min 9' JD4 17+90 RT NA Wig fit In RW If face of curb to RW min 12' Mot 17+90 RT NA To be placed on Pvt property.No Eamt necessary, ' Will fit in RW if face of curb to RW Is min of 12'alf at J06 20+70 LT NA SW grade. Swol NE corner of Military& ' J0S&V071 vacant 228th 11+00 LT 20'X 30' 15220.49045 Located back of SW within the west 50' V06 25+98 LT NA Will fit In RW it extension of BW to RW Is min of 7 5' NOTE: Minimum dimensions listed above are absolute minimums and allow no flexability in vault placement 3/=0059 33 AM 1 Military RD S Operating rights list xis , Service Relocations and Conversions ' Name and Address Meter Location Old Point New Point Service Notes of Delive of Delivery Pet Haven Cemetery 23646 east side P01 Vol commercial conversion Espresso Station 23612 east side POt V03 commercial conversion W SDOT 959 cabinet V03 no change commercial cutover ' National Collision CTR 23254 west side P11 V05 commercial conversion National Collision CTR 23252 NW comer P13 V05 commercial conversion Lloyd's Auto Clinic 23250 west side P13 V05 commercial conversion 23066 north side P22 V07 resdenhal conversion ' Poulsbo RV Inc 23051 pedestal P25 V09 commercial cutover Gais Bakery 23009 south side P24 V08 commercial cutover 1 PUGET SOUND ENERGY Date 3I25MW5 Project TitleMdltary nd Project Dow"" South 229th to South 239th , Rate Schedule 74 Project Manager/Phone*.Tom Ouann 255406-5596 Project Engineer/Phone* Don Reynolds 425.664-9357 Municipal Lralaon Mgr/Phone* Daoc Corbin 206-OW3137 ' Project* 101023682 R"mron* 0 Revision Date Construction Costa Eshrnets Sum meot 13 , 1 ovarrument EntftV Reimbursable Costs Prior Total 1OD%GE Private Gov Req Temporary Convfnebe neknbursable 100%PEE C00111TWion Shared Coate' Conversion Upgrade Services I Within 5 Years Costs Coats Costs Tousle, Estlmde Estimate Estende EstimateEatim,ete Estimate Estimate Estlmata Itlpany Labor $ 1.300 $ a s $ - $ It s 1,3W Materials $ 1261500 $ 1,3D0 S $ $ • $ 1,300 $ - S 127,600 Equipment $ - $ $ - $ S . $ - $ $ Inspechon $ - $ - $ - S - $ - $ S S Service Provider Outsale Servioas $ 156,400 $ 1,6D0 $ $ - S - $ 1,600 $ - $ 15e,000 Operating Rights It • $ . $ - $ - S - $ - $ - $ Overhead $ 44500 SIM $ - $ - S - S Soo $ - It 45000 Govemmem Entity ' Labor $ 110.700 $ It - $ - $ - $ S - $ 110.700 ratio Rights - $ - $ - $ - $ • $ - $ - $ Construction Coats Totals $ 439,400 S 3,4W $ $ -Is $ 3A00 I$ - $ 442.900 Projected allocation of Estimated Construction Costs at Com letlon of Construction Work ' Company $ 263,600 $ $ 263,wo Govemmem Emily $ 175,800 $ 3,400 $ 179 V21ee "times,prepared in aeeoid .win Seeums 6 a 11 of SChaduls 74 Design Agreement and SeCron 7 of SchauN 74 CmeVUCaan Agreemeld ' 'All amouMa anamm m me esameN a re lm+nded w b the naMt S100 'Shared Cosh era albcalsd 4a%b ma Government r-way and 6o%to the Compony d the Conversion Prgecl a coowleled 'Tonal Coats=udes Government Emmy oasts of Inrrchmg,lestorahm,and wr mying Construction Estimate Printed 3/23k0051003 AM ' ! Kent City Council Meeting Date April 19, 2005 ! Category Consent Calendar ! 1. SUBJECT: WASTE REDUCTION AND RECYCLING GRANT AMENDMENT —APPROVE 2. SUMMARY STATEMENT: Authorize the Mayor to sign the Waste Reduction and Recycling Grant Contract Amendment for $84,241.00, direct staff to accept the grant and establish a budget for the funds to be spent within said project. ! ! ! 3. EXHIBITS: Public Works Director's memorandum and contract amendment ! 4. RECOMMENDED BY: Public Works Committee (Committee, Staff, Examiner, Commission, etc.) ! S. FISCAL IMPACT ' Expenditure? X Revenue? X Currently in the Budget? Yes X No If no: ! Unbudgeted Expense: Fund Amount $ Unbudgeted Revenue: Fund Amount S ! 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds ! ! DISCUSSION: ! ACTION: Council Agenda ! Item No. 6M PUBLIC WORKS DEPARTMENT Larry R Blanchard, Public Works Director • Phone 253-856-5500 K E N T Fax 253-856-6500 w s H ��,o H Address 220 Fourth Avenue S. Kent,WA 98032-5895 DATE: March 21, 2005 TO: Public Works Committee FROM: Robyn Bartelt THROUGH- Larry Blanchard SUBJECT: King County Solid Waste Division Waste Reduction and Recycling Grant Program MOTION. Recommend authorization for the Mayor to sign the Waste Reduction and Recycling (WR/R) Grant Contract Amendment in the amount of $84,241, direct staff to accept the grant and establish a budget for the funds to be spend within said project SUMMARY: The King County WR/R Grant Contract Amendment updates the City of Kent's 2004-05 WR/R grant agreement to distribute 2005 grant funds to the City and to continue the implementation of the City's 2004-05 WR/R tasks as described in Exhibit A-Revised Scope of Work. BUDGET IMPACT: No Unbudgeted Fiscal/Personnel Impact iBACKGROUND The King County Solid WR/R grant is used to fund Special Recycling and Collection events for the collection of hard to recycle materials, to fund activities and events associated with the Business Recycling Program, the Multi-family Recycling Program, the purchase, distribution and promotion of products made from recycled materials,and the Christmas Tree Collection and Recycling program co-sponsored by Parks and the Boy Scouts. Mayor White and Kent City Council KC Waste Reduction and Recycling Grant Program 1 CONTRACT AMENDMENT Page 1 of 2 Pages Project Name 2004-2005 WRIR Grant Program Contract No D33520D Agency/Contractor City of Kent Date Entered Jan. I,2004 Amendment No I 220 4th Ave South Date Entered Jan. 1, 2005 Address Kent,WA 98052-5895 AMENDMENT REQUESTED BY' AMENDMENT AFFECTS: ("X"applicable items) Solid Waste Division x Scope of Services Method of Payment Organization Tune of Performance Reliance Theresa Jennings,Director x Compensation Terms & Conditions Name Results of Services NECEssTTY This amendment updates the City of Kent's 2004-2005 WR/R grant agreement FOR CHANGE to distribute 2005 grant funds to the City and to continue the implementation of the City's 2004-05 WR/R tasks,as described in Exhibit A-Revised, Scope of Work AMEND Section II A 1 , second sentence To READ The total amount of funds available from this grant in 2005 shall not exceed $84,241,plus any unspent 2004 WR/R grant funds AMEND Section II B 1 , fifth sentence To READ The City of Kent's budgeted grant funds for 2005 are$84,241 IN WITNESS HEREOF, the parties hereto have caused this amendment to be executed and instituted on the date first above written ACKNOWLEDGEMENT AND ACCEPTANCE KING COUNTY,WASHwuroN Agency/Contractor By By FOR Ron Sims Title King County Executive Title Date Date P\Swpubbc%ksc%ES1WRR Grant inio12001.2005 Grant\2005 AmeMmeaMkent 2005 amend doc CONTRACT AMENDMENT Page 2 of 2 Pages Project Name 2004-2005{VR/R Grant Program Contract No D33520D Agency/Contractor City of Kent Date Entered Jan. 1,2004 Amendment No. 1 Date Entered Jan. 1, 2005 REPLACE Exhibit A WITH Exhibit A-Revised i i I Exhibit A-Revised King County Waste Reduction and Recycling Grant Program City of Kent 2004/05 Scope of Work A. Basic Information 1 City of Kent 2 Grant project manager Robyn Bartelt Conservation Specialist G City of Kent 220 4th Ave South Kent,WA 98052-5995 TEL- (253)856-5549 FAX - (253) 856-6500 Email- rbartelt@ci kent wa.us 3. Consultant name Paul Devine Olympic Environmental Resources 4715 SW Walker Street Seattle,WA 98116 TEL-(206)938-8262 FAX- (206)938-9873 Email—PaulDevine @MSN com 4 Budget 2004 $84,241 2005 $84,241 2004/2005 total $168,482 B. Scope of Work Task One: Special Collection Events A Schedule- Spring and Fall,2004/05 B Task Activities • Number of Special Collection Event—Four • Appliances • Refrigerators and Freezers • Ferrous Metals 1 • Non-ferrous Metals • Concrete,Asphalt,Rock, and Brick* • Tires • Lead Acid Batteries • Household Batteries • Porcelain Toilets and Sinks+ • Propane Tanks+ • Cardboard • Reusable Household Goods • Textiles • Used Motor Oil • Used Motor Oil Filters • Used Antifreeze • Used Petroleum Based Products • Paper Shredding** • Electronic Equipment • Computer Equipment+ • TV Sets+ • Bulky Yard Debris* • Srran Wotx1* *Collected in the spring **Collected in the fall +User fees apply Other materials when possible • The following educational materials will be distributed • Information on City Recycling Programs • Educational Materials produced by King County Department of Natural Resources and Local Hazardous Waste Management Plan • Other educational materials as appropriate ' • Event promotional methods • This event will be coordinated with King County and flyers will be sent to King County Solid Waste Division,and Kent households • By distributing a promotional flyer through direct mailings. • By notices in City newsletters (whenever possible) • By posting a notice at City Hall and on the City cable channel and City web site (if available) • By publicizing the event through the King County Solid Waste Division Promotional Activities C)Task evaluation. Event reports will include• • Number of vehicles attending • Volume of each material collected • Event cost by budget category 2 • Event comments • Graphic or tabular comparison of 2004/05 volumes and vehicles with prior year's events D)Task Budget $54,400 00 Budget Ca 2004 S 2004 2004 2005 TOTAL WRR LHWMP WRR WRR City Stan costs $2 000.ao 51,500.00 $1000 oa $1,000 00 $3,500 00 ntractor/Staffin Costs $12,000 00 $6,350.00 $6,000.00 $6,000.00 $18,350.00 Event Staff Costs $4,000.00 $0.00 $2,000 00 $2,000.00 $4,000 00 Collection/Hsu ling Costs Wood Waste $1,600.00 $0 00 $900 00 J $900 00 SS4,00000 Scrap Metal,Appliances,eta $8,400 00 $0 00 $4,200 00 $4,200 00 Concrete mmwS2,D00.00� MEMO$000 $1,00000 $1,00000 Paper Shreddm $0.00 $0 00 $0 00 $o 00 Tires $4,000 00 S0.00 $2,000 00 $2 000 00 Used OdlAntitreeze/etc $0.00 $2,800.00 $0 00 $0 00 $2,800.00 Batteries $0 00 $500.00 $0 $0$0.00 $500.00 Pnntin din $18,000 00 $8,000.00 $9,000.00 $9,000.00 $26,000.00 Event Supplies $600.00 $300.00 $300 00 $300 00 $900 00 Other Ex enses-rentals,etc $1,600 00 $603.32 $800 00 $800.00 $2,203.32 Promotional Items $0 00 $0.00 $0.00 $0.00 $0.00 TOTALS $54,400.00 1$20,053 32 1 $27,200 00 $27,200 00 $74,453 32 NOTE Hourly rates for consultants are as follows Project Manager-$70 00,Event Staff-$55 00,and Administrative Staff-$40 00 E)Task Performance Objectives The City plans to send out approximately 41,000 promotional flyers to Kent households per event and publicize the events through King County promotional activities, including County websites and telephone assistance The City anticipates collecting 175-200 tons of material from the local waste stream per year The benefits expected by the collection of these materials will be to divert them from the waste stream and process them for recycling The event will also provide an opportunity to recycle moderate risk waste The King County Health Department and Washington State Department of Ecology may pay for event expenses as well F)Task Impact Objectives ' By hosting Special Collection Events, Kent can reduce the amount of recyclable material finding their way to the local landfill The City of Kent has a population of roughly 85,000. ' The City expects, based on past events, that 2,000-2,200 households will actively participate each year by bringing recyclable materials to the event for proper disposal and recycling This will result in 175-200 tons of material diverted from the local waste stream for recycling per year In addition to diverting materials from the City waste stream, attracting residents to events 3 1 provides an opportunity to distribute educational material on City and King County recycling programs The educational materials can enhance the knowledge of residents and improve behavior in purchase, handling, and disposal of recyclable materials. Task Two: Business Recycling Program A)Task Schedule 2004/05 B)Task Activities Through continued recycling assistance to businesses, the City will promote participation in waste reduction,recycling, and recycled product procurement programs and increase the knowledge of recycling alternatives in the commercial sector Program Activities 1)Kent Business Information Prepare, print, and coordinate distribution of a Kent Recycling Report Newsletter to all Kent bnsmesses The newsletter will he Sent to Kent businesses two times a year i i 2)Kent Business Collection Events •Number of Business Recycling Events—Two • Task Description - The City will implement two Business Recycling Events. The events will be held on a summer weekday at a central location in Kent • Materials to be collected • Clean Scrap Wood/Pallets • Electronic Equipment • Computer momtors+ • Fluorescent Lights • Office Recyclables/Cardboard • Toner Cartridges • Cellular phones • Plastics • Other materials if feasible +User fees apply , • The following educational materials will be distributed_ • Information on City Recycling Programs ' • Educational Materials produced by King County Department of Natural Resources and Local Hazardous Waste Management Plan • Other educational materials as appropriate • Event promotional methods 4 • By distributing a promotional flyer through direct mailings • By notices in City/community newsletters/and local newspapers(whenever possible) • By posting a notice at City Nall and on the City cable cbannel (if available) • By publicizing the event through the King County Solid Waste Division Promotional Activities S • Task evaluation Event reports will include • Number of vehicles attending • Volume of each material collected • Event cost by budget category • Event comments • Graphic or tabular comparison of 2004/05 volumes and vehicles with prior year's events 3)Kent Business Assistance To provide business recycling assistance to City businesses, the City will customize the King County Tool Kit with City information and send a City Tool Kit to all new Kent businesses each year with intro letter and offer of on-site visit In the Tool Kit, the City hopes to work with the City recycler to include a coupon for free desk-side recycling containers from the hauler. In addition, the City will provide assistance to City businesses on an on-call basis 4)Kent Business Recognition To provide Kent businesses with motivation to recycle, the City will implement a Kent Business Recycler of the Year Award The City will work with the Kent Chamber of Commerce and past program information to seek out businesses that have put in place outstanding recycling programs and award up to three City 1 businesses with awards The purpose of the award/recognition program will be to acknowledge City businesses with strong commitments to recycling and use their programs as examples for other Kent businesses to follow i 5 C)Task Budget- $75,600 00 Business Budget Cate o 2004 2005 2004105 cost cost Total Promotional insertslflyers Production and Graphics $2,500.00 $2,500.00 $5,000 00 Printing costs $1,2D0 00 $1,200.00 $2,40000 Sorting/Mailing costs $1,300.00 $i 300.00 $2,600.OD Business Collection Event Consultant staff $5,500.00 $5,500.00 $11,000 00 Project Vendors $2,800.00 52,800.OD $5,600 00 Event Promotion $1,200.00 $1,20000 $2,40000 Other Costs $150.00 $150.00 S300.00 Business Assistance o include - Educational material distributiona$3,8DDOO $9,900.00 $19,800.00 Telephone assistance $1,100.00 NNINI$2,200 00 Business consultations reports $3,800 00 NONE$7,600 00 Follow-up calls to businesses $4,500.00 $4,500.00 $9,000.OD Pro ram Promotion $250 00 $250.00 $500 00 Business Recognition Program Plan mngllmplemention $1,500.00 $1,500.00 $3,000.00 Program Promotion $1,200.OD $1,200.00 $2,40000 Other Costs $400.00 $400.00 $800 00 Business Web Site Web Site Assistance 0 00 $1,000.00 TOTALS ;95i00.00 1 $75,600 00 The business program will be funded with use of King County WRR grant funds Hourly rates for consultants are as follows Project Manager-$70 00,Event Staff- $55 00, and Administrative Staff-$40 00 D)Task Performance Objectives 1) The Kent Recycling Report Newsletters will be sent to all Kent businesses two times a year With regular information on recycling, City businesses will be able to take advantage of mew recycling services and divert more materials from the Kent waste stream 2) The City plans to send out approximately 3,100 promotional flyers to Kent businesses per event and publicize the event through King County promotional activities, including County websites and telephone assistance The City anticipates collecting 50-75 tons of material from the Kent businesses waste stream over a two-year period The benefits expected by the collection of these materials will be to divert them from the waste stream and process them for recycling 3) Kent Business Assistance will provide new and existing City businesses with information and technical assistance on recycling and waste prevention Consultant staff will include the information as requested in the King County business database Summary program evaluation will include: the number of contacts made to businesses and their response rates to the offer of recycling technical assistance, the number of businesses 6 receiving information, and the number of businesses beginning or expanding recycling activities 4) Kent Business Recognition Program will provide Kent businesses with motivation to recycle by recognizing a Kent busmess(s) that have put in place outstanding recycling programs. The purpose of the awards program will be to acknowledge City businesses with strong commitments to recycling and use their programs as examples for other Kent businesses to follow E)Task Impact Objectives By providing information, web site assistance, technical assistance, and hosting Business Collection Events, Kent can reduce the amount of recyclable material finding their way to the local landfill The City of Kent has an employee population of roughly 60,000 The City expects that 125-175 businesses will actively participate in the Business Collection Event each year by bringing recyclable materials to the event for proper disposal and recycling This will result in 50-75 tons of matenal from the Kent businesses waste stream over a two- year period In addition to diverting materials from the City waste stream,providing information to Kent business at events provides an opportunity to distribute educational material on City and King County recycling programs The technical assistance, web site assistance,recognition, educational materials can enhance the knowledge of business and improve behavior in the purchase,handling, set-up,and disposal of recyclable materials. Task Three: Kent Multifamily Recycling Program A)Task Schedule 2004/05 B)Task Activities The task will include promoting waste reduction, participation in Kent multifamily residential collection programs for recyclables, distributing multifamily signs and bags, and promoting the purchase of recycled products by working with multifamily residents and property owners/managers The City will: • Distribute multifamily educational brochures through direct mailings,special City events, and door-to-door delivery • Distribute multifamily signs for use at multifamily complexes for proper recycling of materials • Providing on-site waste consultations and follow-up assistance • Distribute multifamily educational brochures in Spanish and Russian through direct mailings, special City events, and door-to-door delivery 7 C)Task Budget: $11,500 00 Multifamily Budget Category 2004 Cost 2005 Cost ota Provide Assistance and Follow-up 5, 5,00 10,000 0 e Site Assistance 500.D 5D00 1,000.00 Supplies/Miscellaneous 50.00 250.00 500 oo , TOTAL $5,750.00 5,750 00 11, 00 00 The business program vnll be funded with use of King County WRR grant funds Hourly rates for consultants are as follows Project Manager-$70 00,Event Staff- $55 00,and Adnurustrative Staff-$40 00 D)Task Performance Objectives The goal of this program is to achieve greater resource efficiency in the City of Kent by collection of more recyclable material in the City's multifamily sector. The City will continue to promote recycling in the Kent multifamily community by distributing educational brochures, signs, and recycling totes to multifamily managers and tenants As City residents better manage their waste and recycle more, less recyclable material will end up in local landfills. This program will help the City of Kent reach its recycling goals Kent multifamily web site enhancements and service will provide Kent multifamily owners and managers with tools to recycle by making the information easy to access and convenient to use. The program will also help reduce paper, as more recycling information will be in an electronic format E)Task Impact Objectives: With program promotion and technical assistance and web site assistance, Kent multifamily ' residents will have better knowledge of recycling Recycling service to Kent multifamily properties is provided with garbage service and assistance will be provided on how to better use the service. By recycling more, City multifamily properties can reduce the amount of material ending up in the local landfill. Task Four: Purchase Products Made From Recycled Materials A)Task Schedule 2004/05 ' B)Task Activities• In order to support the recycling industry and close the recycling loop, the City would like to purchase products made from recycled materials Doing so will support recycling collection programs and help ensure the success of the recycling industry. The City will support recycling programs by purchasing recycle content ram barrels for distribution and recycled lumberlbenches for City parks and open space areas The rain barrels weight approximately 40-50 pounds each and divert roughly twice that amount of plastic material from the waste stream when produced The recycle content lumber/benches weigh approximately 600-800 pounds and will divert roughly twice that amount of plastic material from the waste stream when produced The City will work to install the recycled content 8 lumberlbenches in highly visible areas with a notice that the benches are made from recycled content The City will promote these locations in our newsletters and parks brochure as most of these will be installed in heavy recreational use areas. The City will sell the rain barrels at City Special Collection Events in 2004 and 2005 It is expected that the City will purchase and distribute 125 recycled content rainsavers over the two-year period C)Task Budget $19,002 00 Recycled Product Purchase 2004 Cost 2005 Cost 2004105 Total Distribute Rain Barrels $9,375 00 $5,375 00 $14,750 00 Purchase and Install Plastic Lumber $4,913 50 $4,313 50 $8,627 00 Income-125 bins ®$35 each -52,187 50 $2,187 50 $4,375 00 OTAL $11,501 00 77,501.00 $19,002 00 I D)Task Performance and Impact Objectives The goal of this program is to help ensure the success of the recycling industry by adding to the demand for products made from recycled materials By purchasing products made from recycled content, the City will divert recyclable material from the waste stream The City will distribute the rain barrels to City residents and install the recycle content lumberlbenches in highly visible areas and that will help promote recycled products The City will promote these locations in our newsletters and parks brochure as most of these will be installed in heavy recreational use areas The additional benefits of the rain barrels are that they will help reduce household water consumption and reuse natural rainwater It is expected that after installation the ram pails will continue to conserve water resources for many years Task Five: Christmas Tree Collection and Recycling A)Task Schedule Winter, 2005 B)Task Activities i • Task Description - The City will provide collection of Christmas trees m the City for residents just after the Christmas holiday The City plans to provide City residents with four to six tree collection days The City will • Provide collection of Christmas trees from Kent residents • Promote the program through City of Kent newsletters,flyer to all residents and local papers. • Recycle collected trees C)Task Budget $4,000 00 9 ESTIMATED COSTS 2004 Cost 2005 Cost 2004/05 Total Supplies/equipment $0.00 $l 00.00 $1 00.00 staffing $0.00 $2 700.00 $2 700.00 Total $0.00 $4,000.00 $4 000.00 D) Task Performance Objectives - The goal of this program is to achieve greater resource efficiency in the City of Kent By providing Christmas tree collection and recycling, the City can divert this material from the waste stream This activity will extend the life of the Iocal landfill This program should result in greater resource efficiency, as it will encourage City residents to recycle their Christmas trees rather than disposing of them in their garbage or at the local transfer station. E)Task Impact Objectives As a result of the Christmas Tree Collection and Recycling Program, the City of Kent will reduce the residential waste stream The City will monitor the program by reporting the following -Number of Christmas trees collected -The estimated amount of material diverted from the waste stream Task Six: Grant Administration The City will work with OER to administrate this Scope of Work.OER will • Track project expenses, • Provide ongomg grant administration through the completion of the tasks,as outlined in this Scope of Work, • Prepare reports for the grant program,and a Prepare final report. Task Budget $3,980 00 King County W RR Grant 2004 2005 2004105 Total 1 Program Management $1,240 00 $1,240 00 $2,480 00 2 Project Expenses a.Mileage $150 00 $150.00 $300 00 b Supplies $60000 $600.00 $1,20000 1� TOTAL $1,990 00 $1,990 00 $3,980 00 10 Kent City Council Meeting Date April 19, 2005 JCategory Consent Calendar 1. SUBJECT: TRANSPORTATION IMPROVEMENT BOARD GRANT AGREEMENT FOR PACIFIC HIGHWAY SOUTH, SOUTH PHASE—AUTHORIZE 2. SUMMARY STATEMENT: Authorize the Mayor to sign the Transportation Improvement Board "Fuel Tax Grant Distribution Agreement" for the Pacific Highway South HOV Lanes South Phase Project, and direct staff to accept the grant and establish a budget for the funds to be spent within said project. 3. EXHIBITS: Public Works Director's memorandum and TIB Grant Distribution agreement 4. RECOMMENDED BY: Public Works Committee (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? X Revenue? X Currently in the Budget? Yes X No If no: Unbudgeted Expense: Fund Amount $ Unbudgeted Revenue: Fund Amount $ 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 6N r PUBLIC WORKS DEPARTMENT Larry R Blanchard, Public Works Director Phone 253-856-5500 Fax 253-856-6500 K E N T Address 220 Fourth Avenue S WASHINNGTON Kent,WA 98032-5895 DATE: March 21, 2005 TO: Public Works Committee FROM: Mark Howlett THROUGH Larry Blanchard, Public Works Director SUBJECT: Transportation Improvement Board (TIB) Grant Agreement For Pacific Highway South- South Phase—S. 252"d Street to S. 272nd Street Motion: Recommend authorizing the Mayor to sign the Transportation Improvement Board "Fuel Tax Grant Distribution Agreement" for the Pacific Highway South HOV Lanes South Phase Project and authorize the establishment of the budget for same along with directing staff to spend the money accordingly SUMMARY: This grant agreement, in the amount of$2,754,279, is for the construction phase of the City's Pacific Highway South HOV Lanes South Phase. In order to proceed to construction, the City must accept the grant by signing the "Fuel Tax Grant Distribution Agreement" The Public Works Department recommends that the Mayor be authorized to sign the agreement and authorize the establishment of the budget for the same and direct staff to spend the money accordingly iBUDGET IMPACT: No Unbudgeted Fiscal/Personnel Impact jBACKGROUND: The Transportation Improvement Board has authorized the construction phase of the City of Kent's Pacific Highway South HOV Lanes Project—South Phase This grant authorization is for $2,754,279 The TIB previously contributed$3,390,721 for other portions of this project for a total TIB contribution of$6,145,000. This agreement authorizes the City to proceed with bidding the project. Mayor White and Kent City Council TIB Grant Agreement for Pacific Highway South 1 Washington State CITY OF KENTMAR 0 9 «b } Transportation Improvement Board ENGINEERING Transmittal Letter TIB Members March 2, 2005 counalmember wdkam Gar ley Char,Crly of Balde Ground Commissioner Lea Bowman Mr Larry Blanchard, P E V¢e Chair,Benton County Public Works Director M John Akers ens0am City of Kent Councilriember Jeanne Burlitlge 220 -4th Avenue South Cey of federal Way Kent, WA 98032-5838 Mr George Cress Portorlorigwew Ms KemleanDawa Arterial Improvement Program Vi0T TIB Protect Number 8-1-106(027)-1 Ms Paula Hammon P E Pacific Highway South(SR-99) Counolmember Nell McClure South 252nd St to South 272nd St City aYakers° Construction Phase Approval Nk Dick McKinley CRY 01-23e/lrn4nam Mr Dave Nelson This is to confirm that the TIB has authorized the construction phase of this Grant County project effective March 2, 2005 Please sign the enclosed Fuel Tax Grant DMaeo ounty Distribution Agreement and return the original to the TIB Construction phase Commissioner Mike Shelton payments will be processed after an executed Fuel Tax Grant Distribution Island County Mr DavidStehlenn Agreement is received by the TIB City or Wena"Oe, Ms Hint Slanrn Submit a TIB Reimbursement Form to request payment for incurred eligible NS Pubhc Affairs project costs Reimbursements are processed electronically at S nohouyrimisC1 www.tib.wa.goviservices/reimbursements/reimbursements.htm W Arnold Tomec &cycle Akiance of VJashrn9fon For assistance with your project, contact Greg Armstrong, TIB Project Engineer, Mr Jay VIDoer 'ounty Road Admrnislratw Board at (360) 586-1142 or via e-mail at GregA@TIB.wa gov Mr Theo Ofkce of Financial Management Me Kim Zenlz Spokane Transit Aul6onfy Mr Steven aster Executivea On Dinecfor P 0 Box 40901 Dlympm WA 98504 0901 Phone 39U-586-I14o Fax 960-606-1785 wma bb we gov Investing in your local community Attachment 9 Urban Programs 1 Project Description and List of Documents to be Attached to this Agreement for each Phase of the Project Project Information Lead Agency City of Kent Project Number 8-1-106(027)-1 Project Title Pacific Highway South(SR-99) Project Termini South 252nd St to South 272nd St TIB funds for the project are as follows Phase TO Funds Design 0 Construction 2,754,279 'total Grant 2,754,279 Documents Required at Bid Award Phase O Bid Award Updated Cost Estimate Form O Bid Tabulations O Cost Change Justification Documents Required at Contract Completion Phase O Contract Completion Updated Cost Estimate Form O Final Summary of Quantities O Cost Change Justification O Project Accounting History Amendments to Agreement(if any) TIB Form 190.800 Rev urarM 1 Washington State Transportation Improvement Board Fuel Tax Grant Distribution Agreement LEAD AGENCY: City of Kent PROJECT NUMBER: 8-1-106(027)-1 PROJECT TITLE: Pacific Highway South(SR-99) PROJECT TERMINI: South 262nd St to South 272nd St i 10 PURPOSE The Washington State Transportation Improvement Board (hereinafter referred to as "TIB") hereby grants funds for the project specified in the attached documents, and as may be subsequently amended, subject to the terms contained herein It is the intent of the parties, TIB and the grant recipient,that this Agreement shall govern the use and distribution of the grant funds through all phases of the project Accordingly, the project specific information shall be contained in the attachments hereto and incorporated herein, as the project progresses through each phase This Agreement,together with the attachments hereto, the provisions of chapter 47 26 Revised Code of Washington,the provisions of title 479 Washington Administrative Code, and TIB Policies, constitutes the entire agreement between the parties and supercedes all previous written or oral agreements between the parties 20 PARTIES TO AGREEMENT The parties to this Agreement are TIB, or its successor, and the grant recipient, or its successor, as specified in the attachments 3 0 TERM OF AGREEMENT This Agreement shall be effective upon execution by TIB and shall continue through completion of each phase of the project, unless terminated sooner as provided herein 4 0 AMENDMENTS This Agreement may be amended by mutual agreement of the parties Such amendments shall not be binding unless they are in writing and signed by personnel authorized to bind each of the parties 5 0 ASSIGNMENT The grant recipient shall not assign or transfer its rights, benefits, or obligations under this Agreement without the prior written consent of TIB The grant recipient is deemed to consent to assignment of this Agreement by TIB to a successor entity Such consent shall not constitute a waiver of the grant recipient's other rights under this Agreement 6 0 GOVERNANCE &VENUE This Agreement shall be construed and interpreted in accordance with the laws of the state of Washington and venue of any action brought hereunder shall be in the Superior Court for Thurston County TIB Forth 190500 Page 1 of 3 Rev 2/14/2003 0Washington State Transportation Improvement Board Fuel Tax Grant Distribution Agreement 7 0 TERMINATION 71 UNILATERAL TERMINATION i Either party may terminate this Agreement upon 30 days' prior written notice to the other party If this Agreement Is so terminated, the parties shall be liable only for performance rendered or costs incurred in accordance with the terms of this Agreement prior to the effective date of termination 7 2 TERMINATION BY MUTUAL AGREEMENT Either party may terminate this contract in whole or in part, at any time, by mutual agreement with a 30 calendar day written notice from one party to the other 7 3 TERMINATION FOR CAUSE In the event TIB determines the grant recipient has faded to comply with the conditions of this Agreement in a timely manner,TIB has the right to suspend or terminate this Agreement TIB shall notify the grant recipient in writing of the need to take corrective action if corrective action is not taken within 30 days, the Agreement maybe terminated TIB reserves the right to suspend all or part of the Agreement, withhold further payments, or prohibit the grant recipient from incurring additional obligations of funds during the investigation of the alleged compliance breach and pending corrective action by the grant recipient or a decision by TIB to terminate the Agreement The grant recipient shall be liable for damages as authorized by law including, but not limited to, repayment of misused grant funds The termination shall be deemed to be a Termination for Convenience if it Is determined that the grant recipient (1)was not at fault, or(2) failure to perform was outside of the grant recipient's control, fault or negligence The rights and remedies of TIB provided in this Agreement are not exclusive and are In addition to any other rights and remedies provided by law 7 4 TERMINATION FOR CONVENIENCE TIB may, by ten (10) days written notice, beginning on the second day after the mailing, terminate this Agreement, in whole or in part, because federal or state funds are no longer available for the purpose of meeting TIS's obligations, or for any reason If this Agreement is so terminated, TO shall be liable only for payment required under this Agreement for performance rendered or costs incurred prior to the effective date of termination 7 5 TERMINATION PROCEDURE Upon receipt of notice of termination, the grant recipient shall stop work and/or l� take such action as may be directed by TIB TIB Form 190-500 Page 2 of 3 Rev 2/14/2003 I� 3 Washington State Transportation Improvement Board Fuel Tax Grant Distribution Agreement j8 0 ATTACHMENTS Attachment 1 specifies the grant program applicable to this protect, identifies the grant recipient, and contains the list of additional documents specific to the project which will be attached and incorporated into this Agreement, together with subsequent amendments, as the protect progresses through each phase of design and construction Approved as to Form This 14th Day of February, 2003 Rob McKenna Attorney General By Signature on file iRobert J Fallis Assistant Attorney General I Lead Agency Transportation Improvement Board Signature of Chamnanmayor Date Executive DireGor Date Stevan Gorcester Print Name Print Name TIB Form 190-500 Page 3 of 3 Rev 21U/20o3 Kent City Council Meeting Date April 19, 2005 Category Consent Calendar 1. SUBJECT: TRANSPORTATION IMPROVEMENT BOARD GRANT AGREEMENT FOR THE 277TH STREET CORRIDOR EXTENSION—AUTHORIZE 2. SUMMARY STATEMENT: Authorize the Mayor to sign the Transportation Improvement Board "Fuel Tax Grant Distribution Agreement" for the 277`h Street Corridor Extension Project, and direct staff to accept the grant and establish a budget for the funds to be spent within said project. i3. EXHIBITS: Public Works Director's memorandum and TIB Grant Distribution agreement 4. RECOMMENDED BY: Public Works Committee (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? X Revenue? X Currently in the Budget? Yes X No If no. Unbudgeted Expense: Fund Amount $ Unbudgeted Revenue: Fund Amount $ 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 60 PUBLIC WORKS DEPARTMENT Larry R. Blanchard, Public Works Director Phone 253-856-5500 Fax 253-856-6500 KENT Address 220 Fourth Avenue S WASHINGTON Kent,WA 98032-5895 DATE: March 21, 2005 TO: Public Works Committee FROM: Mark Madfai THROUGH- Larry Blanchard,Public Works Director SUBJECT: Transportation Improvement Board (TIB) Grant Agreement For the 277th Street Corridor Extension -Kent Kangley Road (SR516) to SE 2561h Street Project Motion: Recommend authorizing the Mayor to sign the Transportation Improvement Board "Fuel Tax Grant Distribution Agreement" for the 277th Street Corridor Extension - Kent Kangley Road (SR516) to SE 2561h Street Project and authorize the establishment of the budget for same along with directing staff to spend the money accordingly. SUMMARY: This grant agreement, in the amount of$1,945,200, is for the design phase of the City's 277th Street Corridor Extension-Kent Kangley Road(SR516) to SE 256th Street Project In order to become grant eligible for the design phase, the City must accept the grant by signing the "Fuel Tax Grant Distribution Agreement" The Public Works Department recommends that the Mayor be authorized to sign the agreement and authorize the establishment of the budget for the same and direct staff to spend the money accordingly. BUDGET IMPACT: No Unbudgeted Fiscal/Personnel Impact BACKGROUND: The Transportation Improvement Board has authorized the design phase of the City of Kent's277th Street Corridor Extension -Kent Kangley Road(SR516) to SE 256"' Street Project. This grant authorization is for$1,945,200. This agreement authorizes the City to obtain reimbursement for the design phase Mayor White and Kent City Council TIB Grant Agreement for 277'h St Corridor Extension 1 I 0J., Washington State CITY OF KENT Transportation Improvement Board MAR 04 2005 I ENGINEERING DEW Transmittal Letter TO Members February 25, 2005 Councilmamber WlBtam Ganley Chair City ofBa6b Ground Commissioner Lao Bevrman Mr Larry Blanchard, P E Vim Chan,Benton Cotinfy public Works Director Mr JohnityofEers,PE City of Kent City of ENensbury �ounalmember Jeanne Burbidge 220 -4th Avenue South Coy of Federal Way Kent, WA 98032-5838 Mr George Creas I Port olLorrgvrew Ms Kathleen Davis Transportation Improvement Program IVSCOT _ T113 Project Number 9-P-106(009)-1 Ma Paula Hammond P B 277th Street Corridor Extension WsooT Councilmember Neil McClure Kent-Kangley Road (SR 516) to SE 256th Street Coy of Yakima Design Phase Approval Mr Dick McKinley C 1Y of Befhrigham 1 Mr DaveNeison This is to confirm that the TIB has authorized the design phase of this project Grant Coonly effective February 25, 2005 Please sign the enclosed Fuel Tax Grant Mr Dave O Connell Maaon Coonly Distribution Agreement and return the original to the TIB Design phase Comnussloner Mike Shelton payments will be processed after an executed Fuel Tax Grant Distribution ,grand Lowly Agreement is received by the TIB You may request reimbursement from TIB Mr David Stahlalm Cdy of Wenatchee beginning July 1, 2005 Ms Heidi Stamm HS Puhoc A/raas Future Requirements S Steve Thomsen Srro 1 Upon completion of the design phase, please send a construction homksh cowry IAr AmoldTomac prospectus, a half-size set of plans, specifications and the final engineer's Brcycle Miance of Washington estimate to your TIB protect engineer to request construction phase approval Mr Jay er lowly Road Admrnrstrahon Beoard This approval may be authorized by the TIB Executive Director if the project Mr Theo Yu meets the following criteria office of Financial Management Ms Kim,Zerdz a There is no change in the approved project scope SPoxane TreuNt Av,hu'oy b The total TIB funds anticipated for the project have increased no more than 15% or$750,000 above the amount at project selection All other projects must be approved by the Board Mr Slemar Exewtme Dneotor 2 Submit a TIB Reimbursement Form to request payment for incurred eligible PD ao.aog0I project costs Reimbursements are processed electronically at Olympia,WA 5D40g01 Phone 360 56B-t140 www.tib.wa.gov/servicesireimbursemenWreimbursoments.htm 1 Fax 660 666 I165 wwwlib v gov For assistance with your project, contact Greg Armstrong, TIB Project Engineer, at (360) 586-1142 or via e-mail at GregA@TIB wa gov Investing in your local community Attachment 1 Urban Programs Project Description i and List of Documents to be Attached to this Agreement for each Phase of the Project Project Information Lead Agency City of Kent Project Number 9-P-106(009)-1 Project Title 277th Street Corridor Extension Project Termini Kent-Kangley Road (SR 516) to SE 256th Street TIB funds for the project are as follows Phase TIB Funds Design 501,000 Construction (requires future approval) 1,444,200 Total Grant 1,945,200 Documents Required at Design Phase O VE Study is required (recommended at 30% design) Documents Required at Construction Phase O Construction Prospectus and Certification Form (completed and signed) O Plans and Specifications package O Final engineer's estimate Documents Required at Bid Award Phase O Bid Award Updated Cost Estimate Form O Bid Tabulations O Cost Change Justification Documents Required at Contract Completion Phase O Contract Completion Updated Cost Estimate Form s O Final Summary Quantities and Ledger O Cost Change Justification Amendments to Agreement(if any) 71B Form 190-600 Rev 211412003 Washington State Transportation Improvement Board �Q1 Fuel Tax Grant Distribution Agreement LEAD AGENCY: City of Kent PROJECT NUMBER: 9-P-106(009)-1 PROJECT TITLE: 277th Street Corridor Extension PROJECT TERMINI: Kent-Kangley Road (SR 516)to SE 256th Street 1 0 PURPOSE The Washington State Transportation Improvement Board (hereinafter referred to as "TIB") hereby grants funds for the project specified in the attached documents, and as may be subsequently amended, subject to the terms contained herein It is the intent of the parties, TIB and the grant recipient, that this Agreement shall govern the use and I distribution of the grant funds through all phases of the project Accordingly, the project specific-information shall be contained in the attachments hereto and incorporated herein, as the project progresses through each phase This Agreement, together with the attachments hereto, the provisions of chapter 47 26 Revised Code of Washington, the provisions of title 479 Washington Administrative Code, and TIB Policies, constitutes the entire agreement between the parties and ' supercedes all previous written or oral agreements between the parties 2 0 PARTIES TO AGREEMENT The parties to this Agreement are TIB, or its successor, and the grant recipient, or its successor, as specified in the attachments 3 0 TERM OF AGREEMENT This Agreement shall be effective upon execution by TIS and shall continue through completion of each phase of the project, unless terminated sooner as provided herein 4 0 AMENDMENTS This Agreement may be amended by mutual agreement of the parties Such amendments shall not be binding unless they are in writing and signed by personnel authorized to bind each of the parties 5 0 ASSIGNMENT The grant recipient shall not assign or transfer its rights, benefits, or obligations under ' this Agreement without the prior written consent of TIB The grant recipient is deemed to consent to assignment of this Agreement by TO to a successor entity Such consent shall not constitute a waiver of the grant recipient's other rights under this Agreement 60 GOVERNANCE &VENUE This Agreement shall be construed and interpreted in accordance with the laws of the state of Washington and venue of any action brought hereunder shall be in the Superior Court for Thurston County TO Forth IW500 Page 1 of 3 Rev 2/14/2003 � Washington State Transportation Improvement Board j Fuel Tax Grant Distribution Agreement 7 0 TERMINATION 71 UNILATERAL TERMINATION Either party may terminate this Agreement upon 30 days' prior written notice to the other party If this Agreement is so terminated,the parties shall be liable only for performance rendered or costs incurred in accordance with the terms of this Agreement prior to the effective date of termination 7 2 TERMINATION BY MUTUAL AGREEMENT 1 Either party may terminate this contract In whole or in part, at any time, by mutual agreement with a 30 calendar day written notice from one party to the other 7 3 TERMINATION FOR CAUSE In the event TIB determines the grant recipient has failed to comply with the conditions of this Agreement in a timely manner, TO has the right to suspend or terminate this Agreement TIB shall notify the grant recipient in writing of the need to take corrective action If corrective action is not taken within 30 days, the Agreement maybe terminated TIB reserves the right to suspend all or part of the Agreement, withhold further payments, or prohibit the grant recipient from incurring additional obligations of funds during the investigation of the alleged compliance breach and pending corrective action by the grant recipient or a decision by TO to terminate the Agreement The grant recipient shall be liable for damages as authorized by law including, but not limited to, repayment of misused grant funds The termination shall be deemed to be a Termination for Convenience if it is determined that the grant recipient (1) was not at fault, or(2) failure to perform was outside of the grant recipient's control, fault or negligence The rights and remedies of TIB provided in this Agreement are not exclusive and are In addition to any other rights and remedies provided by law 7 4 TERMINATION FOR CONVENIENCE TIB may, by ten (10) days written notice, beginning on the second day after the mailing, terminate this Agreement, in whole or in part, because federal or state funds are no longer available for the purpose of meeting TIB's obligations, or for any reason If this Agreement is so terminated, TO shall be liable only for payment required under this Agreement for performance rendered or costs incurred prior to the effective date of termination 7 5 TERMINATION PROCEDURE Upon receipt of notice of termination, the grant recipient shall stop work and/or take such action as may be directed by TIB I TIB Form 190.500 Page 2 of 3 Rev 2114=03 Washington State Transportation Improvement Board � J) Fuel Tax Grant Distribution Agreement 8 0 ATTACHMENTS Attachment 1 specifies the grant program applicable to this protect, identifies the grant recipient, and contains the list of additional documents specific to the project which will be attached and incorporated into this Agreement, together with subsequent amendments, as the project progresses through each phase of design and construction Approved as to Form This 14th Day of February, 2003 I — Rob McKenna Attorney General- By Signature on file Robert J Fallts Assistant Attorney General Lead Agency Transportation Improvement Board S+gnature of GhavmanJMayor Date Executwe Drrecto Date Stevan Gorcester Pnnt Name Pnnt Name 1 1 1 TIB Form 190-SM Page 3 of 3 Rev V1412003 i Kent City Council Meeting Date April 19, 2005 Category Consent Calendar j 1. SUBJECT: ORDINANCE AMENDING KENT CITY CODE SECTION 7.08, SIDE SEWER CODE —ADOPT 2. SUMMARY STATEMENT: Adoption of Ordinance No. amending Ch. 7.08 of the Kent City Code to adopt the 2005 edition of the Side Sewer Code. The City's current Side Sewer Code is outdated. The Public Works Department is working to incorporate the Side Sewer Code into its Construction Standards; however, this task will take time to complete. In the meantime, the Public Works Department would like to amend the 1972 Side Sewer Code in order to align it with current construction standards and practices. A strike-through and underlined version of the amended code is attached for Council reference. A clean version of the 2005 edition of the Side Sewer code is attached to the proposed ordinance. 3. EXHIBITS: Ordinance 4. RECOMMENDED BY: Public Works Committee ' (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? N/A Revenue? N/A Currently in the Budget? Yes No If no: Unbudgeted Expense: Fund Amount $ Unbudgeted Revenue: Fund Amount $ 6. CITY COUNCIL ACTION: ' Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 6P ' PUBLIC WORKS DEPARTMENT Larry R Blanchard, Public Works Director • Phone 253-856-5500 KENT Fax 253-856-6500 W A S H N G T O N Address 220 Fourth Avenue S Kent,WA 98032-5895 DATE: March 16,2005 TO: Public Works Committee FROM: Stan Wade, P E Construction Engineering Manager THROUGH Larry R Blanchard, Public Works Director SUBJECT: Modification of Side Sewer Code—Amending Kent City Code section 7.08 IMOTION Recommend Council adopt the proposed ordinance that amends Ch. 7 08 of the Kent City Code updating the Side Sewer Code to current standards and practices SUMMARY: IThe proposed ordinance makes changes to the 1972 edition of the Side Sewer Code to update it to current standards and practices BUDGET IMPACT: No Unbudgeted Fiscal/Personnel Impact BACKGROUND: IIt is necessary to change the code for the following reasons: I 1 Materials (i.e pipe type, manholes, etc) have changed over the years. We need to modify the code to be consistent with the new materials 2. In the past the term Superintendent was used as the directing authority. This is changed to Director of Public Works. 3 Construction practices (i e thickness of bedding under pipe)has changed. 4. Where as in the past two adjacent single family lots could be served by a single stub now each lot will be served by a single stub. 1 1 Mayor White and Kent City Council 1 Amend City Code 7 08 CITY OF KENT SIDE SEWER CODE �7 2005 EDITION I1 CITY OF KENT SIDE SEWER CODE , SECTION 100 - Side Sewer Shall be Installed in Accordance with the Following ' Specifications: A. MATERIALS. ' L Pipe: Approved pipe materials shall be PV�oI vinyl Chloride), SDR 35, conforming to ASTM 3034 or 3035 specifications or ductile iron pipe, Class 50. east irea ~era}e vitMFed ela�,or asbestos eement Pipe material other than these shall not be used, unless otherwise authorized by the public works director,or his or her designee.Supenatendent. 2 Joints: All sanitary sewer pipe shall have flexible gasketed joints unless otherwise , specified by the public works director,or his or her designee_gupepintendent. "Flexible gasketing" shall be construed to include rubber, synthetic rubberlike and plastic materials specially manufactured for the joint, pipe size, and , use intended and shall be furnished by the manufacturer of the pipe to be used. 3. Fittings: Tees, wyes, bends, couplers, adapters, hubs, and transition section shall ' conform to the above Sections A and B. All fittings shall be factory-produced and shall be designed for installation on the pipe to be used. Fittings shall be of the same quality and material as the pipe Used. exeept that tee..e s' and bends for- a with asbestes e ~t pipe , b east if-en 4 Manholes: Manholes shall conform to City of Kent Construction Standards, Section 4. Standards for Sanitary Sewer Systems, subsection 4.7: Sanitary Sewer S s e , Materials, subsection 4.7.4: Manholes and Covers7969 edition PW 's etanda_a ex-eept manhole..te s shall be safety t, 2 B. CONSTRUCTION DETAILS. 1. Excavation and Backfill: a. Excavation: In all cases trenches must be of sufficient width to permit proper jointing of the pipe and backfilling of materials along the side of the pipe. Trench width at the surface of the ground shall be kept to a minimum amount necessary to install the pipe in a safe manner. All material excavated from trenches and piled adjacent to the trench or in a roadway or public thoroughfare shall be piled and maintained so that the toe of the slope of the material is at least two (2) feet from the ' edge of the trench. It shall be piled in such manner as will cause minimum of inconvenience to public travel, and provisions shall be made for merging traffic where such is necessary. Free access shall be provided to all fire hydrants,water valves and meters, and clearance shall be left to enable free flow of storm water in all gutters, other conduits, and natural water courses. All material taken from excavation in the public right-of-way shall be immediately removed from the site and disposed of in a manner acceptable ' to the public works director, or his or her designee Sup€-ritttendent unless it is approved for backfill by the public works director, or his or her designee SupefkAendent. All excavations required for the installation of a building sewer Ishall be open trench work, unless otherwise approved by the public works director, or his or her desi riee Stye-tttteadettt No backfill shall be placed until the work has been inspected by the public works director, or his or her design ee Sewef SupeFintendefit. b. Dewatering: Pipe trenches shall be kept free from water during pipe laying and jointing by such method as the contractor may elect, providing the method is acceptable to the public works director, or his or her designee SupenpAettdeat. The contractor shall be responsible for damages of any Inature resulting from the dewatering operation C. Foundations and Bedding: Proper preparation of foundations,placement of ' foundation material where required,and placement of bedding material shall precede the installation of all sewer pipe. This shall include necessary leveling of the native trench bottom prior to placement of foundation material as well as placement and compaction of required bedding material 3 to a uniform grade so that the entire length of pipe will rest firmly on a well compacted material, so the backfill material around the pipe will be placed in a manner to meet requirement specified hereinafter. d. Bedding: All sewer pipe shall be bedded in 5/8 inch minus crushed gravel or other previously approved material except where specifically excluded by the public works director, or his or her designee went in the field. Minimum thickness of the bedding under any portion of pipe shall be six 6 €eur{4j inches. The sewer pipe shall be completely enclosed within the bedding material and minimum cover over the pipe , shall be six 6 Vwe{g)inches. e. Cribbing and Sheeting: The contractor shall provide all cribbing and ! sheeting needed to protect the work, existing property, utilities, pavement, etc. and to provide safe working conditions in the trench. ' Such cribbing and sheeting shall comply with all applicable Federal, State, and local safety codes. Removal of any cribbing and sheeting from the trench shall be in such a manner as to prevent damage to the installation and surrounding property. Damages resulting from improper cribbing or failure to crib shall be the sole responsibility of the contractor. £ Pipe Laying and Jointing: Laying of sewer pipe shall be accomplished to line and grade in the trench only after it has been dewatered and the foundation and/or bedding has been prepared. Mud, silt, and gravel and other foreign materials shall be kept out of the pipe and off the jomttng surfaces. All pipe laid shall be retained in position so as to maintain alignment and Joint closure until sufficient backfill has been completed to adequately hold the pipe in place. The sewer pipe, unless otherwise approved by the public works director, or his or her designee �-inn, shall be laid , up grade from the point of connection on the existing sewer or from a designated starting point. The sewer pipe shall be installed ' with the bell forward or upgrade unless otherwise approved. When pipe laying is not in progress the forward end of the pipe shall be ' kept tightly closed with an approved temporary plug. The 4 following are minimum grades for each pipe diameters: 4" 2.0% 6' 1.0% S' 0.4% 10" 0.25% ' IT 0.20% 15" 0.15% 18" 0.125% Four (4) and six (6) inch pipe shall be laid in a straight line at a uniform grade between filling or on a uniform or vertical curvature achieved by deflecting the pipe joints within the limits recommended ' by the manufacturer of the pipe being used. The maximum deflection for four (4) and six (6) inch pipe ' permissible at any one fitting shall not exceed 45 degrees (45°) (one- eighth (1/8) bend) unless straight pipe of not less than two and one half (2-1/2) feet in length be installed between adjacent fittings, or unless one such fitting be a wye branch with a clean-out provided on the straight leg. Changes in grade or alignment for eight(8) inch pipe or larger shall ' be by the use of an approved manhole. Side sewers shall be connected to the tee, wye, or stub provided in the public sewer where such is available utilizing approved fittings or adapters. Where no tee, Wye, or stub is provided or available, connection shall be made by machine made tap and a suitable saddle or approved manhole installed over the public sewer. All side sewers will be inspected by the public works director, or his or her desi rg i� &fie dent. All side sewers shall be tested full length in compliance with the City standard air or hydrostatic test and in the I presence of the public works director, or his or her designee&iperiritendent and shall meet or exceed acceptable City of Kent Standards before acceptance. Pipe and Connection Side Sewers shall not be less than six(6)inches in diameter except single family residence shall be not less than four (4) ' 5 inches minimum diameter from property line to building. ' Sewers located in the vicinity of public water supply wells or other t sources or structures shall be constructed in conformance with regulations governing public water supplies. Sanitary sewers and domestic water lines shall not be laid in the same trench. Parallel water and sewer lines wherever possible shall be laid at least 10 feet apart horizontally. Wherever it is , necessary for sewer and water lines to cross each other,the crossing should be at an angle of approximately 90' and the top of the sewer pipe shall be located at least eighteen (18) inches 3 or ME)Fefi3et below the bottom of the water line or be constructed with a minimum of Class 50 ductile east iron pipe with water tightjoints,or equal construction, as approved by the public ' works director, or his or her deli nee S�a.tez,den�.The ductile iron pipe shall be one continuous nominal eighteen (18) foot pipe placed ' svmmetrically across the water line. f r a distance ..F 10 feet on be4h si,e the v.)F . rater lines. (Refer to Wash:.,..t n Pellt+:.)n ('.,roal /'.,...missio a u��. Guide"Sewage WedEs Design",April, 1953� Side sewers, where possible, shall not be less than thirty inches(30") from any building, have four feet six inches (4'6") cover at the curb line, three feet six inches (3'6") cover at the property line, and two feet (21) of cover on private property. Joints shall be tight and waterproof. Any part of the building sewer that is located within 10 feet of a water service pipe shall be constructed of Class 50 ductile east iron pipe with approved joints. If installed in filled or unstable ground,the building sewer shall be of Class 50 ductile east iron pipe, except that non-metallic material may be accepted if laid on a suitable concrete bed or cradle as approved by the public works director,or his or her designee Stiperk4ead ' Not less than one clean-out shall be provided for each side sewer six (6) inches or smaller and/or each total change of 90 degrees (90°) of grade or alignment, except that no clean-out will be required at the connection of the side sewer to a riser on the public sewer.A suitably located clean-out in the house piping or plumbing may be considered as a clean-out for the side sewer. Clean-outs for six inch or smaller pipe shall be placed at intervals of not more than 100 feet in a straight run. Clean-outs in the line shall utilize a 6 ' wye branch at the side sewer. Maximum distance between manholes on eight (8) inch or larger sewers shall not exceed 400 feet. In the event that conditions render the enforcement of the above provisions impractical, the public works director, or his or her designee Siipe_intendent of Sewers may issue a special permit for the installation of a side sewer requiring compliance with the above conditions only as far as practical, but such special permit shall be issued only upon the condition that the permittee will save the City harmless from any damage by reason of such installation. ' Two adja erA single family lots may be ,.ennee4ed to a single silo sewef stub at the e „ !at line All.,rho.-.-.fapei4y..h.,ll have,W; i-nd-iViElUA side seAcp Each legally defined property or building shall be serviced by separate side sewer stub connected to the City main unless otherwise approved by the public works director. ' Old building sewers may be used in connection with new building only when they are found, on examination and test by the public works director, or his or her designee SuperthtendeK to meet all requirements of this code. In buildings in which any building drain is too low to permit gravity flow to the public sewer the sanitary sewage carried by such drain shall be lifted by approved artificial means and discharged to the building sewer g. Backfilling: As the pipe is installed it shall be backfilled by hand with proper bedding material and selected native material up to an elevation six (6) inches above the crown, taking care that the backfill is in contact with the entire periphery of the pipe.The backfill shall be so carefully placed that subsequent backfilling operations will not disturb the pipe in anyway. Temporary cribbing, sheeting, or other timbering shall be removed unless specific permission is given by the Superintendent to leave it in place. In backfilling the pipe, the contractor shall take all necessary precautions to protect the pipe from any damage or shifting of the pipe. In general,backfilling shall be performed by pushing the material from the end of the trench into, along, and directly over the pipe so that the material will ' be applied in a form of a rolling slop rather than by side filling which might damage the pipe. Pipe placed below the water table shall be kept from floating by placing backfill material upon it, or by controlling the water level at the bottom of the trench. During all phases of the backfilling operations and testing as outlined herein,the contractor shall protect the sewer installation,provide for the maintenance of traffic as may be necessary,and provide for the safety of property and persons. It. Compaction of Trench Backfill: Where compaction of trench backfill is required as in public rights-of-way either water settling or mechanical temping shall he used. Method shall be determined by the public works director,or his or her designee Superixtenderat. ' Wherever a trench is excavated in a paved roadway, sidewalk, or other area where minor settlement would be detrimental,the trench shall be ' backfilled with sand or bank run gravel to such a depth as the public works director, or his or her designee Superitteodent may direct. Such material shall be approved by the public works director, or his or her designee Super-intende�t SECTION 200 - Call for Inspection. Notice of Defects: Any person performing work under permit pursuant to the provisions of this code shall notify the public works director,or his or her designeeSuperintende when the connection to the public sewer is made and when the building sewer is ready for inspection and shall specify in such notice the location of the premises. The ' connection shall be under the supervision of the public works director, or his or her designee SuipeFintendent of his refmesenAffi4iv.e. All excavation for building sewer installation shall be adequately guarded with barricades and light so as to protect the public from hazard. Streets, ' sidewalks, parkways, and other public property disturbed in the course of work shall be restored in a manner satisfactory to the City. 8 IRestoration and clean up shall be completed to the satisfaction of the public works director, or his or her designee Supen ntexdeat before final acceptance is granted. Any pipe or appurtenance which inadvertently or otherwise has been laid or jointed not in accordance with this section shall, upon direction of the public works director,or his or her designee Supe-rintendettt at any time before final acceptance or before expiration of the guaranty period,be repaired or be removed and replaced to the satisfaction of the public works director, or his or her designee Superittendent within five(5) days. If the inspector finds the work or material used is not in accordance with the provisions of this code,he shall notify the person doing the work and also the owner of the premises by posting a written notice upon the premises, and such posted notice shall be all the notice that is required to be ' given of the defects in the work or material found in such inspection,and a copy of such notice shall be kept on file in the office of the public works director,or his or her designee Supefit#eadet ' SECTION 300 - Inspection Before Trenches are Filled: No trench shall be filled or any connecting sewer covered, until the work from the point where the same connects with the public ' sewer or other outlet to the point where it connects with the iron pipe or other plumbing of the building or premises to be connected, shall have been inspected and approved by or under the ' direction of the public works director,or his or her designee Superixteadent,and until the same shall have been made in all respects to conform to the provisions of this code with the exception of ' testing which will be accomplished after backfill has been placed to a suitable depth. SECTION 400 - Excavation in Streets to be Guarded: All excavations made by any ' licensed contractor within the limits of any street, alley, avenue or other public place shall be protected and guarded by fencing or covering by said contractor both by night and by day, by the display of proper signals and lights, and the contractor shall be liable for all accidents caused by negligence in this respect. SECTION 500-Delayed Work: City May Restore Streets: All work within the limits of any street or public place must be prosecuted to completion with due diligence, and if any excavation is left open beyond a reasonable time,the public works director,or his or her designee Seperdeet ef Sewes shall cause the same to be refilled and the street restored forthwith,and any cost incurred in such work shall be charged to the contractor in charge of such work, and must be paid before he shall receive any future permit from the public works director,or his or her designee Superintendent of sewe . ' SECTION 600 - Improper Work; City Map Complete, Assess Cost: If any work done in pursuance of a permit is not constructed and completed in accordance with the provisions of this code and the plans and specifications as approved by the public works director, or his or her 9 designee Supe fint dent of Sewers and if the contractor or person doing the work shall refuse to properly construct and complete such work, notice of such failure or refusal shall be given to the , owner of the property,for whom said work is being done, as herein provided, and the public works director, or his or her designee Superintendea4 ef Sewe shall cause said work to be completed and said sewer connected in the proper manner, and the full cost of such work and any materials necessary therefore shall be changed and become a lien against said property,and shall be collected in the manner provided by ordinance. , SECTION 700 - Permits: Applications; Plans and Specifications: In order to obtain the permit provided for by ordinance,the licensed contractor or his agent or property owner shall file an ' application therefore with the Public Works Engineering Department Super4 tend t stating the name of the owner or occupant of the premises to be connected, giving lot, block and addition, or ' other legal description,the number of buildings on said premises, and the purposes for which they are, or are to be, used,together with plans and specifications showing the whole course of the side sewer from the public sewer or other outlet to its connection with the building or premises and all ' branches, connected therewith, which plans and specifications shall be submitted to the un blic works director,or his or her designee Superintend for approval. ' The public works director, or his or her designee Superndent may change or modify the same and designate the manner in which such connecting sewers shall be connected with the building, the place where such connections with the public sewer shall be made, and specify the material, size and grade of such connecting sewer, and shall endorse his approval on such plans and ' specifications as heretofore provided, the public works director, or his or her designee Superintuuden shall issue a permit as provided by ordinance and it shall be unlawful for any person , to alter the approved plans and specifications or to do any work other than as provided for in the permit,or to repair,extend,remove of connect to any private sewer, without first obtaining a permit as provided in this ordinance. , The public works director, or his or her designee Superintendei3t shall prepare and keep on file in his office all cards and records of buildings connected to sewers, showing the size of the lot, location of the building or buildings, and the whole course of the side sewer from the public sewer or other outlet to its connection within the building or premises and all branches connected therewith. SECTION 800 - Side Sewer Construction Must Comply with Code: When any side sewer is constructed, laid,connected,or repaired,and does not comply with the provisions of this code,or where it is determined by any Health Officer of the public works director, or his or her designee , Superintendent that a side sewer is obstructed, broken or inadequate and is a menace to health,or is liable to cause damage to public or private property,the public works director, or his or her designee ' 10 ' ' Superhitendeet shall give notice to the owner, agent, or occupant of the property in which such 1 condition exists, of such condition, and if he shall refuse to construct, relay, reconstruct, or remove the obstruction of said side sewer, within the time specified in such notice, the public works director, or his or her designee Supe-«n may perform or cause to be performed such work as may be necessary to comply with this ordinance, and the cost of such work as done by the up blic works director, or his or her designee $uperirtteitdertt shall be assessed against such property, or ' collected from the person responsible for such condition, and the amount thereof shall become a lien upon the said property, and the City Attorney is hereby authorized, empowered and directed to collect such cost. either by the foreclosure of said lien or by a suit against the owner or occupant of 1 such property, or other person responsible for such condition, which suit shall be maintained in the name of the City of Kent,as plaintiff, in any court of competent junsdiction. i i 1 1 i 1 1 i 1 1 i 1 � ll ORDINANCE NO. ' AN ORDINANCE of the City Council of the City ' of Kent, Washington, amending Chapter 7.08 of the Kent City Code, entitled"Side Sewer Code." RECITALS A. The City originally adopted its Side Sewer Code in 1972. This code was adopted by reference into the Kent City Code and placed on file in the City Clerk's Office. B. The current 1972 edition of the Side Sewer Code is no longer current as materials and construction practices have changed over time. In order to amend the Side Sewer Code, however, Council approval is needed to revise the Kent City Code provision to reference the updated 2005 edition in place of the outdated 1972 edition. A copy of the 2005 edition of the Side Sewer Code is attached and incorporated as ' Exhibit A. ' C. As a result, the City's Public Works Department would like to amend the 1972 Side Sewer Code in order to align it with current standards and practices. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: 1 Adopt 2005 Edition of the Side Sewer Code ORDINANCE SECTION]. —Amendment Chapter 7.08 of the Kent City Code, entitled "Side Sewer Code," is amended as follows: ' Chapter 7.08 ' SIDE SEWER CODE See. 7.08.010. Adopted. The City adopts, upon the effective date of this ordinance, r is .,depted upon the filing of that ,.o,...,i eerie ,,nevm as t o its Ket-A Side ' Sewer Code, 200549-72 Edition, which shall remain is-on file in the city clerk's office. SECTION 2. — Severabdiby 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. SECTION 3. —Effective Date. This ordinance shall take effect and be in force ' thirty (30) days from and after its passage as provided by law. ' JIM WHITE, MAYOR ATTEST: ' BRENDA JACOBER, CITY CLERK 2 Adopt 2005 Edition of the Side Sewer Code ' APPROVED AS TO FORM: TOM BRUBAKER, CITY ATTORNEY PASSED: day of April, 2005. ' APPROVED: day of April, 2005. PUBLISHED: day of April, 2005. 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 3 Adopt 2005 Edition of the Side Sewer Code 1 ' EXHIBIT A CITY OF KENT SIDE SEWER CODE 2005 E➢ITION i 1 CITY OF KENT SIDE SEWER CODE SECTION 100 - Side Sewer Shall be Installed in Accordance with the Following Specifications: A. MATERIALS. L Pipe: Approved pipe materials shall be PVC (Polyvinyl Chloride), SDR 35, conforming to ASTM 3034 or 3035 specifications or ductile iron pipe, Class 50. Pipe material other than these shall not be used, unless otherwise authorized by the public works director,or his or her designee. 2 Joints: All sanitary sewer pipe shall have flexible gasketed joints unless otherwise specified by the public works director,or his or her designee. ' "Flexible gasketing" shall be construed to include rubber, synthetic rubberlike and plastic materials specially manufactured for the joint, pipe size,and use intended and shall be furnished by the manufacturer of the pipe to be used. 31 Fittings: Tees, wyes, bends, couplers, adapters, hubs, and transition section shall conform to the above Sections A and B. All fittings shall be factory-produced and shall be designed for installation on the pipe to be used. Fittings shall be of the same quality and material as the pipe used. 4 Manholes: Manholes shall conform to City of Kent Construction Standards, Section 4: Standards for Sanitary Sewer Systems, subsection 4.7: Sanitary Sewer System Materials,subsection 4.7.4:Manholes and Covers. B. CONSTRUCTION DETAILS. 1. Excavation and Backfill: a. Excavation: In all cases trenches must be of sufficient width to permit proper jointing of the pipe and backfilling of materials along the side of the pipe. Trench width at the surface of the ground shall be kept to a minimum amount necessary to install the pipe in a safe manner. ' 2 All material excavated from trenches and piled adjacent to the trench or in a roadway or public thoroughfare shall be piled and maintained so that the toe of the slope of the material is at least two (2) feet from the edge of the trench. It shall be piled in such manner as will cause minimum of inconvenience to public travel, and provisions shall be made for merging traffic where such is necessary. Free access shall be provided to all fire hydrants,water valves and meters, and clearance shall be left to enable free flow of storm water in all gutters, other conduits, and natural water courses. All material taken from excavation in the public right-of-way shall be immediately removed from the site and disposed of in a manner acceptable to the public works director, or his or her designee unless it is approved for backfill by the public works director,or his or her designee. All excavations required for the installation of a building sewer , shall be open trench work, unless otherwise approved by the public works director, or his or her designee. No backfill shall be placed until the work has been inspected by the public works director,or his or her designee. b. Dewatering: Pipe trenches shall be kept free from water during pipe laying and jointing by such method as the contractor may elect, providing the method is acceptable to the public works director, or his or her designee. The contractor shall be responsible for damages of any nature resulting from the dewatenng operation. C. Foundations and Bedding: Proper preparation of foundations,placement of foundation material where required,and placement of bedding material shall precede the installation of all sewer pipe. This shall include necessary leveling of the native trench bottom prior to placement of foundation material as well as placement and compaction of required bedding material to a uniform grade so that the entire length of pipe will rest firmly on a well compacted material, so the backfill material around the pipe will be placed in a manner to meet requirement specified hereinafter. d. Bedding: All sewer pipe shall be bedded in 5/8 inch minus crushed gravel or other previously approved material except where specifically excluded by the public works director, or his or her designee in the field. 3 Minimum thickness of the bedding under any portion of pipe shall be six (6) inches. The sewer pipe shall be completely enclosed within the bedding material and minimum cover over the pipe shall be six(6)inches. e. Cribbing and Sheeting: The contractor shall provide all cribbing and sheeting needed to protect the work, existing property, utilities, pavement, etc. and to provide safe working conditions in the trench. Such cribbing and sheeting shall comply with all applicable Federal, State, and local safety codes. Removal of any cribbing and sheeting from the trench shall be in such a manner as to prevent damage to the installation and surrounding property Damages resulting from improper cribbing or failure to crib shall be the sole responsibility of the contractor. i f. Pipe Laying and Jointing: Laying of sewer pipe shall be accomplished to line and grade in the trench only after it has been dewatered and the foundation and/or bedding has been prepared. Mud, silt, and gravel and other foreign materials shall be kept out of the pipe and off the jointing surfaces. All pipe laid shall be retained in position so as to maintain alignment and joint closure until sufficient backfill has been completed to adequately hold the pipe in place. The sewer pipe, unless otherwise approved by the public works director,or his or her designee, shall be laid up grade from the point of connection on the existing sewer or from a designated starting point. The sewer pipe shall be installed with the bell forward or upgrade unless otherwise approved. When pipe laying is not in progress the forward end of the pipe shall be kept tightly closed with an approved temporary plug. The following are minimum grades for each pipe diameters: 4" 2.0% 6' 1.0% S' 0.4% 10" 0.25% 12" 0.20% 15" 0.15% 18" 0.125% 4 Four (4) and six (6) inch pipe shall be laid in a straight line at a uniform grade between filling or on a uniform or vertical curvature achieved by deflecting the pipe joints within the limits recommended by the manufacturer of the pipe being used. The maximum deflection for four (4) and six (6) inch pipe permissible at any one fitting shall not exceed 45 degrees (45°) (one- eighth (1/8) bend)unless straight pipe of not less than two and one half (2-1/2) feet in length be installed between adjacent fittings, or unless one such fitting be a wye branch with a clean-out provided on the straight leg. Changes in grade or alignment for eight(8) inch pipe or larger shall be by the use of an approved manhole. Side sewers shall be connected to the tee, wye, or stub provided in the public sewer where such is available utilizing approved fittings or adapters. Where no tee, wye, or stub is provided or available, connection shall be made by machine made tap and a suitable saddle or approved manhole installed over the public sewer. All side sewers will be inspected by the public works director, or his or her designee All side sewers shall be tested full length in compliance with the City standard air or hydrostatic test and in the presence of the public works director, or his or her designee and shall meet or exceed acceptable City of Kent Standards before acceptance. s Pipe and Connection Side Sewers shall not be less than six(6)inches ■ in diameter except single family residence shall be not less than four (4) inches minimum diameter from property line to building. Sewers located in the vicinity of public water supply wells or other sources or structures shall be constructed in conformance with regulations governing public water supplies. Sanitary sewers and domestic water Imes shall not be laid in the same trench. Parallel water and sewer lines wherever possible shall be laid at least 10 feet apart horizontally. Wherever it is necessary for sewer and water lines to cross each other,the crossing should be at an angle of approximately 90° and the top of the sewer pipe shall be located at least eighteen (18) inches below the bottom of the water line or 5 be constructed with a minimum of Class 50 ductile iron pipe with water tight joints, or equal construction,as approved by the public works director, or his or her designee. The ductile iron pipe shall be one continuous nominal eighteen(18)foot pipe placed symmetrically across the water line. Side sewers,where possible, shall not be less than thirty inches(30") from any building, have four feet six inches (4'6") cover at the curb line, three feet six inches (3'6") cover at the property line, and two feet (21) of cover on private property. Joints shall be tight and waterproof. Any part of the building sewer that is located within 10 feet of a water service pipe shall be constructed of Class 50 ductile iron pipe with approved Joints. If installed in filled or unstable ground,the building sewer shall be of Class 50 ductile iron pipe, except that non-metallic material may be accepted if laid on a suitable concrete bed or cradle as approved by the public works director,or his or her designee. Not less than one clean-out shall be provided for each side sewer six (6) inches or smaller and/or each total change of 90 degrees (90°) of ' grade or alignment, except that no clean-out will be required at the connection of the side sewer to a riser on the public sewer.A suitably located clean-out in the house piping or plumbing may be considered as a clean-out for the side sewer. Clean-outs for six inch or smaller pipe shall be placed at intervals of not more than 100 feet in a straight run. Clean-outs in the line shall utilize a wye branch at the side sewer. i Maximum distance between manholes on eight (8) inch or larger sewers shall not exceed 400 feet. In the event that conditions render the enforcement of the above provisions impractical,the public works director,or his or her designee may issue a special permit for the installation of a side sewer requiring compliance with the above conditions only as far as practical, but such special permit shall be issued only upon the condition that the permittee will save the City harmless from any damage by reason of such installation. 6 Each legally defined property or building shall be serviced by a separate side sewer stub connected to the City main unless otherwise approved by the public works director. Old building sewers may be used in connection with new building only when they are found, on examination and test by the public works director,or his or her designee,to meet all requirements of this code. In buildings in which any building drain is too low to permit gravity flow to the public sewer the sanitary sewage carried by such dram shall be lifted by approved artificial means and discharged to the building sewer. g. Backfilling: As the pipe is installed it shall be backfilled by hand with proper bedding material and selected native material up to an elevation six (6) inches above the crown, taking care that the backfill is in contact with the entire periphery of the pipe,The backfill shall be so carefully placed that subsequent backfilling operations will not disturb the pipe in any way. Temporary cribbing, sheeting, or other timbering shall be removed r unless specific permission is given by the Superintendent to leave it in place. In backfilling the pipe, the contractor shall take all necessary precautions to protect the pipe from any damage or shifting of the pipe. In general,backfilling shall be performed by pushing the material from the end of the trench into, along, and directly over the pipe so that the material will be applied in a form of a rolling slop rather than by side filling which might damage the pipe. Pipe placed below the water table shall be kept from floating by placing backfill material upon it, or by controlling the water level at the bottom of the trench. During all phases of the backfilling operations and testing as outlined herein,the contractor shall protect the sewer installation,provide for the maintenance of traffic as may be necessary,and provide for the safety of property and persons. 7 h. Compaction of Trench Backfill: Where compaction of trench backfill is required as in public rights-of-way either water settling or mechanical temping shall be used. Method shall be determined by the public works director,or his or her designee. J Wherever a trench is excavated in a paved roadway, sidewalk, or other area where minor settlement would be detrimental,the trench shall be backfilled with sand or bank run gravel to such a depth as the public works director, or his or her designee may direct. Such material shall be approved by the public works director,or his or her designee. SECTION 200 - Call for Inspection. Notice of Defects: Any person performing work under permit pursuant to the provisions of this code shall notify the public works director, or his or her designee when the connection to the public sewer is made and when the building sewer is ready for inspection and shall specify in such notice the location of the premises. The connection shall be under the supervision of the public works director, or his or her designee. All excavation for building sewer installation shall be adequately guarded with barricades and light so as to protect the public from hazard. Streets, sidewalks,parkways, and other public property disturbed in the course of work shall be restored in a manner satisfactory to the City. Restoration and clean up shall be completed to the satisfaction of the public works director, or his or her designee before final acceptance is granted. Any pipe or appurtenance which inadvertently or otherwise has been laid or jointed not in accordance with this section shall, upon direction of the public works director,or his or her designee at any time before final acceptance or before expiration of the guaranty period,be repaired or be removed and replaced to the satisfaction of the public works director,or his or her designee within five(5)days. If the inspector finds the work or material used is not in accordance with the provisions of this code, he shall notify the person doing the work and also the owner of the premises by posting a written notice upon the premises, and such posted notice shall be all the notice that is required to be given of the defects in the work or material found in such inspection,and a copy of such notice shall be kept on file in the office of the public works director,or his or her designee. SECTION 300 - Inspection Before Trenches are Filled: No trench shall be filled or any connecting sewer covered, until the work from the point where the same connects with the public sewer or other outlet to the point where it connects with the iron pipe or other plumbing of the building or premises to be connected, shall have been inspected and approved by or under the direction of the public works director, or his or her designee, and until the same shall have been made in all respects to conform to the provisions of this code with the exception of testing which 8 will be accomplished after backfill has been placed to a suitable depth SECTION 400 - Excavation in Streets to be Guarded: All excavations made by any licensed contractor within the limits of any street, alley, avenue or other public place shall be protected and guarded by fencing or covering by said contractor both by night and by day, by the display of proper signals and lights, and the contractor shall be liable for all accidents caused by negligence in this respect. SECTION 500-Delayed Work: City May Restore Streets: All work within the limits of any street or public place must be prosecuted to completion with due diligence,and if any excavation is left open beyond a reasonable time,the public works director, or his or her designee shall cause the same to be refilled and the street restored forthwith, and any cost incurred in such work shall be charged to the contractor in charge of such work,and must be paid before he shall receive any future pen-nit from the public works director,or his or her designee. SECTION 600 - Improper Work; City Map Complete, Assess Cost: If any work done in pursuance of a permit is not constructed and completed in accordance with the provisions of this code and the plans and specifications as approved by the public works director, or his or her designee and if the contractor or person doing the work shall refuse to properly construct and complete such work,notice of such failure or refusal shall be given to the owner of the property, for whom said work is being done, as herein provided, and the public works director, or his or her designee shall cause said work to be completed and said sewer connected in the proper manner,and the full cost of such work and any materials necessary therefore shall be changed and become a lien against said property,and shall be collected in the manner provided by ordinance. SECTION 700 - Permits, Applications; Plans and Specifications: In order to obtain the permit provided for by ordinance,the licensed contractor or his agent or property owner shall file an application therefore with the Public Works Engineering Department stating the name of the owner or occupant of the premises to be connected, giving lot, block and addition, or other legal description,the number of buildings on said premises,and the purposes for which they are, or are to be,used,together with plans and specifications showing the whole course of the side sewer from the public sewer or other outlet to its connection with the building or premises and all branches, connected therewith,which plans and specifications shall be submitted to the public works director, or his or her designee for approval. The public works director, or his or her designee may change or modify the same and designate the manner in which such connecting sewers shall be connected with the building, the place where such connections with the public sewer shall be made,and specify the material,size and grade of such connecting sewer, and shall endorse his approval on such plans and specifications as 9 heretofore provided, the public works director, or his or her designee shall issue a permit as provided by ordinance and R shall be unlawful for any person to alter the approved plans and specifications or to do any work other than as provided for in the permit,or to repair,extend,remove of connect to any private sewer,without first obtaining a permit as provided in this ordinance. The public works director, or his or her designee shall prepare and keep on file in his office all cards and records of buildings connected to sewers, showing the size of the lot, location of the building or buildings,and the whole course of the side sewer from the public sewer or other outlet to its connection within the building or premises and all branches connected therewith. SECTION 800-Side Sewer Construction Must Comply with Code: When any side sewer is constructed, laid,connected,or repaired, and does not comply with the provisions of this code,or where it is determined by any Health Officer of the public works director,or his or her designee that a side sewer is obstructed, broken or inadequate and is a menace to health, or is liable to cause damage to public or private property, the public works director, or his or her designee shall give ` notice to the owner, agent, or occupant of the property in which such condition exists, of such condition, and if he shall refuse to construct, relay reconstruct, or remove the obstruction of said side sewer,within the time specified in such notice,the public works director, or his or her designee may perform or cause to be performed such work as may be necessary to comply with this ordinance, and the cost of such work as done by the public works director, or his or her designee shall be assessed against such property,or collected from the person responsible for such condition, and the amount thereof shall become a lien upon the said property, and the City Attorney is hereby authorized,empowered and directed to collect such cost, either by the foreclosure of said lien or by a suit against the owner or occupant of such property, or other person responsible for such condition, which suit shall be maintained in the name of the City of Kent.. as plaintiff; in any court of competent jurisdiction. i 1 � 10 Kent City Council Meeting Date April 19, 2005 Category Consent Calendar 1. SUBJECT: HAUPT SHORT PLAT INFRASTRUCTURE IMPROVEMENTS BILL OF SALE—ACCEPT 2. SUMMARY STATEMENT: Authorization to accept the Bill of Sale for the Haupt Short Plat Infrastructure Improvements submitted by Mounir "Tom" Touma for continuous operation and maintenance of 656 feet of watermain, 620 feet of sewers, 667 feet of street improvements and 530 feet of storm sewer. Bonds to be released after the maintenance period. This project is located at 94`h Avenue South and S. 237th Place. 3. EXHIBITS: Vicinity map 4. RECOMMENDED BY: Public Works Director (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? N/A Revenue? N/A Currently in the Budget? Yes No If no: Unbudgeted Expense: Fund Amount $ Unbudgeted Revenue: Fund Amount $ 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 6Q rr i S 237TH PL S 2,39 rH S T ti U `t S ti S 240TR Sr VICINITY MAP N. 1 5. Haupt Short Plat 94`h Avenue South and South 237`h Place Kent City Council Meeting Date April 19, 2005 Category Consent Calendar 1. SUBJECT: DIVERSITY ADVISORY BOARD APPOINTMENT— CONFIRM 2. SUMMARY STATEMENT: Confirmation of the Mayor's appointment of Ms. Delores Brown to serve as a member of the Kent Diversity Advisory Board. She is a long time Kent resident and is concerned about age and health issues. She enjoys living in Kent and being involved and feels she can contribute to the community through working with the Diversity Advisory Board. She will fill the position formerly held by Gurmder Bains. Her new appointment will continue until 9/30/2007. 3. EXHIBITS: Memo 4. RECOMMENDED BY: Mayor White (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure9 N/A Revenue? N/A Currently in the Budget? Yes No If no: Unbudgeted Expense: Fund Amount S Unbudgeted Revenue: Fund Amount S 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 6R OFFICE OF THE MAYOR Jim White, Mayor Phone 253-856-5700 Fax 253-856-6700 Address 220 Fourth Avenue S KENT Kent,WA 98032-5895 WASHINGTON MEMORANDUM 10: JULIE PETERSON, COUNCIL PRESIDENT CITY COUNCIL MEMBERS FROM: JIM WHITE, MAYOR DATE: APRIL 7, 2005 RE: APPOINTMENT TO DIVERSITY ADVISORY BOARD I have appointed Ms. Delores Brown to serve as a member of the Kent Diversity Advisory Board She is a long time Kent resident and is concerned about age and health issues. She enjoys living in Kent and being involved and feels she can contribute to the community through working with the Diversity Advisory Board. She will fill the position formerly held by Gunnder Bams Her new appointment will continue until9/30/2007. I submit this for your confirmation. jb TC' go Kent City Council Meeting n� Date April 19, 2005 o Q� / ` Category Consent Calendar I. SUBJECT: CRITICAL AREAS ORDINANCE—ADOPT 2. SUMMARY STATEMENT: Approval of Ordinance No. 3 T�5 , amending the City's critical areas regulations. As required by the Growth Management Act, the City has been reviewing and analyzing an update to its critical areas regulations. The City has undertaken an extensive public participation process that allowed numerous opportunities for public comment This Ordinance amends the City's existing sensitive areas regulations consistent with "Option 3" as directed by the Planning & Economic Development Committee. 3. EXHIBITS: Ordinance 4. RECOMMENDED BY: Planning & Economic Development Committee (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? No Revenue? No Currently in the Budget? Yes No If no: Unbudgeted Expense: Fund Amount $ Unbudgeted Revenue: Fund Amount $ 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 6S ORDINANCE NO. AN ORDINANCE of the City Council of the City of Kent, Washington, repealing chapter 11.05 of the Kent City Code, entitled "Wetlands Management;" creating a new chapter 11.06, entitled "Critical Areas;" amending chapter 14.09 of the Kent City Code, regarding flood hazard regulations; amending section 15.08.260 of the Kent City Code entitled "Green River Corridor special interest district regulations," to adjust for the sections established in chapter 11 06; amending section 15.08 400, entitled "Planned unit development, PUD," to provide for a density bonus if wetland buffer widths are increased in a planned unit development; amending chapter 11.03 to add SEPA substantive authority; and making other related amendments. RECITALS OVERVIEW: A. Pursuant to the state Growth Management Act, Chapter 36.70A RCW (GMA), the City of Kent completed its Comprehensive Plan amendments on July 20, 2004, and, by passage of this ordinance, amends its critical areas ordinance This ordinance is the product of extensive study, review and evaluation of the city's development regulations to identify and protect the functions and values of critical areas as required under the GMA, consistent with RCW 36 70A.172 and WAC 365- 195-900 The city undertook an extensive public participation process that allowed numerous opportunities for public comment. This council has used its best efforts to weigh, coordinate, harmonize, apply and incorporate the often lengthy and widely differing written and oral testimony, which revealed considerable scientific evidentiary 1 Critical Areas disagreement over the interpretation, range, and proper application of best available science in our city. As a designated urban center that already has in place extensive environmental and development regulations, Kent reflects the character and nature of dense, urban development consistent with the urbanized greater Puget Sound region. As one of Washington's largest and oldest cities with a population of approximately 85,000 people, Kent has been incorporated for over a hundred years. We have identified, collected, and assessed the available scientific information offered by staff, the city's environmental consultants, by state agency representatives, and by the public in order to interpret the nature, scope, and application of best available science to protect the functions and values of the city's critical areas, which exist in a highly complex, natural, and built urban environment. Although the council believes it has developed these regulations in accord with the range of best available science, the buffers adopted in these regulations exist on the low end of that range in order to balance the needs of the natural environment against other GMA goals, including maintaining urban densities by encouraging urban growth, reducing sprawl, protecting property rights, and encouraging economic development. B. Throughout this process, the city council's intent has been to develop and implement a comprehensive, balanced, and fair regulatory program that requires avoidance, minimization, and mitigation of critical areas and their buffers, in that order of preference, by anyone whose activities affect critical areas. To that end, the city council has also endeavored to protect the public from injury, loss of life, or loss of property or other financial impact. �4 PROCESS: C. The following summarizes the course of events as the city developed this CAO, as well as the numerous occasions' public comment and public participation was invited: • May 29, 2004: The Land Use and Planning Board held a workshop to generally discuss the CAO update process, best available science rule and timeline. 2 Critical Areas • July 22, 2004: An open house was held to educate the public and solicit public interest and involvement in the CAO update process. • August 9, 2004: The Land Use and Planning Board held a workshop to discuss preliminary findings from the best available science recommendations, comments from the public open house, and draft regulations. • September 8, 2004: Staff invited interested parties to a focus group meeting to discuss the proposed regulations and seek comments. • September 13, 2004: The Land Use and Planning Board held a public hearing on the draft CAO forwarding staff s recommendation to the city council for consideration. • October 4, 2004: The Planning and Economic Development Committee reviewed the draft CAO. The Committee forwarded the Land Use and Planning Board's recommendation to the city council. • October 19, 2004: The city council held a workshop to discuss with staff the proposed CAO regulations. • November 2, 2004: The city council remanded the CAO back to the Planning and Economic Development Committee for further review. Specifically, the council was concerned about the wetland buffer regulations and the need to provide the maximum amount of flexibility through the administration of the regulations. • November 15, 2004: The Planning and Economic Development Committee directed staff to evaluate options to provide more flexibility to the wetland regulations. Staff and consultants evaluated an option to allow for reductions in the standard wetland buffer width when buffers are degraded, provided that the buffer is restored. • November 29, 2004: The Planning and Economic Development Committee held a public hearing, limited in scope to the wetland buffer regulations. The option before the committee included the administrative buffer reduction language. The committee did not take action at the close of the public hearing. �' • January 4, 2005: During a city council workshop, staff was directed to include an alternative that would retain Kent's existing wetland buffer widths. • January 19, 2005: The Planning and Economic Development Committee held a public hearing specific to the proposed wetland regulations. Two regulatory options were presented to the Committee. In addition, the Department of Trade and Economic Development and the Department of Ecology requested that the council postpone a decision to allow an opportunity for the state to meet with staff, community members, and stakeholders regarding the wetland regulations. The Committee agreed to suspend the process to the February 28, 2005, meeting to allow interested parties an opportunity to meet to discuss alternatives 3 Critical Areas • February 2, 2005: The Wetland Focus Group was formed. Members included representatives from the Department of Trade and Economic Development, Department of Ecology, Master Builders Association, Livable Communities Coalition, King County Realtors, and members of the local development community. The purpose of the focus group meetings was to attempt to reach mutual agreement regarding the scope, content, interpretation and application of best available science to the city's critical areas ordinance, specific to the wetland regulations. The Wetland Focus Group met again on February 9, 2005, and again on February 14, 2005, but was unable, within that time frame to reach consensus. • February 28, 2005: The Planning and Economic Development Committee agreed to allow the Wetland Focus Group additional time to continue discussions related to the wetland regulations. The Committee postponed the Critical Areas Ordinance to the March 21, 2005, meeting date. • March 2, 2005: The Wetland Focus Group reconvened for two more sessions, the second occurring on March 10, 2005. Although a consensus was not reached, the group agreed to wetland buffer restoration provisions, increased compensation ratios, and removal of the `avoidance' criteria for certain small, isolated, Category 3 wetlands. The Group also agreed to include an incentive for larger wetland buffers, through changes to the Planned Unit Development regulations The Group acknowledged that smaller wetland buffers might not provide long-term protection for certain wetland-dependent wildlife species and therefore included a recommendation for the city to develop a Wildlife Habitat Protection and Restoration Plan. The Group's recommendations (options 3 and 4 out of four options) were presented to the Planning and Economic Development Committee at its March 21, 2005, meeting. • March 21, 2005: The Planning and Economic Development Committee held a public hearing limited to proposed wetland regulations. The Committee was presented with four options which included the recommendations from the Wetland Focus Group. • April 4, 2005: The Planning and Economic Development Committee considered the Critical Areas Ordinance, including the four options related to wetland regulations. The Committee voted 3-0 to forward the Critical Areas Ordinance, selecting Option 3, to the full City Council for consideration. D. The city also conducted and completed enviromnental review under the State Environmental Policy Act (SEPA), issuing an Addendum to its Comprehensive Plan Environmental Impact Statement (EIS) on September 3, 2004. Another Addendum to the EIS was issued on January 12, 2005, which included analysis related t to additional wetland regulatory options. 4 Critical Areas E. Additionally, on July 1, 2004, the city provided the required sixty (60) day notification under RCW 36 70A.106 to the state of Washington on the city's proposed critical area ordinance. Comments from the state were received, considered, and entered into the record. INTERPRETATION AND INCLUSION OF BEST AVAILABLE SCIENCE: F. As indicated above, many participants in this process disagreed as to the meaning, extent, and application of best available science. A review of the record shows that the applicable scientific conclusions provide a range of results and findings that must be interpreted, and that the interpretation of this range of science varies among experts within the scientific community. G. In particular, interpretation and application of this range of best available science must be applied to the real, natural, and developed environment in our city. The range of results and findings are highly dependent upon both the specific research question asked and the specific site conditions where the study was conducted (i e , slope, land use, degree of disturbance, etc.). Additional interpretation is required to apply research that was conducted in widely disparate environments, much of it from outside this state. Moreover, most of this scientific research was not conducted in urban settings like Kent's. Also, no research exists that takes into consideration other environmental regulations already in place, such as the city's existing stormwater protections, development standards, shoreline management regulations, and so forth. Finally, any review and inclusion of best available science must take into account the city's other environmental projects, which are intended to preserve the functions and values of those critical areas in Kent that staff and the city council have identified as most deserving of protection. H. The city has in place a number of programs and regulatory processes that supplement protection of the functions and values of critical areas in Kent. Most of (these processes are monitored by the city's Environmental Engineering section within 5 Critical Areas the Public Works Department. This group's purpose and task is to facilitate the restoration, enhancement and protection of environmental resources in Kent. The Parks Department, Planning Department and Public Works Operations division also help implement these programs. The most significant of these additional programs and regulatory processes include the following: • The city has developed and continues to regulate its storm and surface water utility pursuant to Chapter 7.05 of the Kent City Code. This regulation provides authority to ensure that surface flows to the downstream watershed do not increase or cause a degradation to the quality of the water. The city has developed a requirement to maintain water quality through the Resource Stream Protection menu established in the 2002 Kent Surface Water Design Manual. The Resource Stream Protection menu treatment goal is to reduce metals found in urban runoff that are potentially detrimental to the aquatic health of wetlands, streams, and sensitive areas. • Water quality monitoring—monitoring water quantity and quality at a variety of locations throughout the city. • Modeling—modeling to identify needs for future capital improvement project solutions to impacts on critical areas. Problems identified may be related to water quality, flooding, or biological issues. • Development--continued review of proposed developments within the city and within the city's wellhead protection areas outside city limits to ensure continued protection of the biological and hydrologic integrity of the city's water resources, to guarantee stormwater regulations are enforced, and to ensure protection of the city's municipal water supply. • Solid Waste/Recychng/Conservation—a program is in place to educate the public and to assist with the conservation of the city's water supply, as well as solid waste management, recycling awareness, and other conservation measures. • Wellhead Protection—protection of the city's groundwater resources, both inside and outside the city limits, are completed through monitoring groundwater conditions, commenting on development review within the wellhead protection areas that are outside our jurisdiction, coordinating with other agencies, and conducting special projects intended to address potential contaminant sources to the city's groundwater resources. Any project located within this designated area must enhance or maintain the water quantity and quality for infiltration to the maximum extent possible. • FEMA Floodplam Restnctions—Areas mapped within the Federal Emergency Management Act (FEMA) floodplam face further development constraints. Developments within the designated floodplam are required to include compensatory flood storage volumes that are calculated from pre- and post-development to be 50% of the 100-year flood storage volume lost. 6 Critical Areas • Education--educational opportunities provided by the city include: an annual Water Festival; community workshops; "2000 Trees" program (in which the city, through the efforts of community volunteers, annually plants the same number of trees as the number of each calendar year); the city's website provides and updates critical areas and environmental information; other volunteer projects, publications; and special requests for city staff to make community presentations. • NPDES Phase I1—the city must comply with all conditions and requirements described in The National Pollutant Discharge Elimination System Phase II (NPDES). 40 CFR 122.34. This Phase II permit program requires that the city implement controls to reduce stormwater pollutants, which have been shown to harm drinking water, human health, and wildlife habitat. The Phase 11 rule extends coverage of the NPDES program to the city of Kent because it owns and operates a storm drain system, discharges to surface waters, is located in an urbanized area, and is more than 1,000 in population. As a result, the city must apply for a NPDES Phase 11 Stormwater Permit. As a Perm ttee, the city must comply with the Minimum Control Measure Requirements as described in 40 CFR 122.34(b). These minimum control measures include public education and outreach on stormwater impacts, public involvement/participation, illicit discharge detection and elimination, construction site stormwater runoff control, post construction stormwater management in new development and redevelopment, and pollution prevention/good housekeeping for municipal operations. Complying with these new requirements will benefit water quality and protect critical areas and associated habitat within the city. • Regional Meetings and Organizations—city representatives from the Environmental Engineering section regularly attend and participate in the following meetings: APWA Stormwater Managers, Cedar River Council, WRIA 8 (Cedar River) and WRIA 9 (GreenlDuwamish) Forums and committees; South King County Regional Water Association, South King County Groundwater Management Committee; Green Duwamish Ecosystem Restoration Program, and the Green River Flood Control District. These various organizations create substantive regional regulations that further protect various aspects of the natural environment in Kent. • Wetland Maintenance Program—the city owns and maintains a large number of wetland resources within the city. Maintenance includes removal of non-native and invasive plants, planting native plants,maintaining fences, providing educational materials, and monitoring wetlands for code violations. • Volunteer Native Plant Restoration—the city conducts an ongoing native plant restoration program, often through volunteer planting events, which also provide a unique opportunity for public education j • Eagle Scout Program—the Kent Parks Department helps sponsor an Eagle Scout Program that allows candidates for eagle scout awards to complete a 7 Critical Areas project in our parks to earn their eagle scout award. Often these projects are environmentally beneficial. I. Concurrent with these additional regulatory processes and programs, the city has committed hard dollars to a variety of environmental restoration/enhancement and flood remediation/protection projects that will benefit the local environment. These include the following: • Green River Natural Resource Area—a 300 acre preserve located in the heart of the city's manufacturing and industrial sector and adjacent to the Green River was constructed, at a cost of approximately eleven million dollars ($11,000,000), into a multi-faceted facility for flood protection, water quality enhancement, wildlife habitat, preservation of open space, and passive recreational activities. The site has also served as an educational facility to illustrate the importance of protecting watersheds. It also provides opportunities for volunteer groups to plant trees and shrubs from the on-site native plant nursery. The city also has plans to construct a regional watershed interpretive center that will assist with educating the public on watershed issues. • In the early 1980's, the city began replacing large sections of the Kent Springs Transmission main in order to reduce water losses from leakage on the aging water transmission main. The project was completed in 1996, having replaced nearly 15 miles of large diameter ductile iron piping. The total project cost was 10.5 million dollars ($10,500,000). Also, beginning in 1997, the city began a comprehensive water system program to test for and find water system leaks. This leak detection program identified and corrected leakage throughout Kent's water distribution system. The water losses for the Kent water system in the 1970's was approximately 15% of the total water produced, and that has been reduced to 3.38% losses as of 2003, significantly below the industry standard of 15 to 20%. • Kent, as a collection agency that sends sewerage to King County Metro, has participated in, and continues to participate in the County's Infiltration and Inflow (1/I) program. 1/I metering was done throughout the Kent collection system. The total project costs (SSES, design, construction, post project flow monitoring, etc.) was $1,446,900. One unique aspect of the Kent pilot project was that it was totally for private side sewers—no work or rehabilitation was performed on the public sewer system. The project rehabilitated 139 service laterals and 172 side sewers. Post project flow monitoring revealed a 78% 1/1 reduction was achieved. • 981h Avenue Regional Treatment and Detention Pond (1995)—this project decreased peak flows and improved water quality ($2,250,000 including design, permitting, construction, maintenance, and monitoring.) • Mill Creek Box Culverts improvements to Central Avenue,Novak Lane, S. 228`h Street, Fisher Industrial Park (1995)—this project improved fish 8 Critical Areas passage and implemented flood remediation, which is intended to reduce excessive stream flows. (S1,170,000 including design, permitting, construction, maintenance, and monitoring.) • Mill Creek Box Culvert at Bowen Scarff Ford (1997)--this project improved fish passage and implemented flood remediation. ($622,500 including design, permitting, construction,maintenance and monitoring.) • Mill Creek Fish Habitat Improvements (1998)—this project benefited fish habitat and improved water quality. ($277,500 including design, permitting, construction, maintenance, and monitoring) • Fish Habitat Enhancement near S. 277`h Street Corridor (1999)--this project benefited fish and wildlife habitat and improved water quality. ($328,440 including design, permitting, construction, maintenance, and monitoring.) • Wetland Mitigation Site Improvements along S 277`h Street Corridor (2000)—this project benefited fish and wildlife habitat, implemented flood control, and improved water quality ($528,090 including design, permitting, construction, maintenance, and monitoring.) • Wiesner Drainage Improvements (2001)—this project implemented flood remediation and water quality improvements. ($176,250 including design, permitting, construction, maintenance and monitoring.) • West Fork Soosette Creek Box Culvert and Stream Restoration (2003)—this project improved fish habitat, water quality, and flood remediation. ($1,291,695 including design, permitting, construction, maintenance, and monitoring) • Boeing Creek Restoration Improvements (2003)—this project improved fish and wildlife habitat and concomitantly implemented water quality improvements. ($147,300 including design, permitting, construction, maintenance, and monitoring) • Mill Creek Restoration Improvements (2003)—this project benefits fish habitat, flood remediation, and water quality. ($290,250 including design, permitting, construction, maintenance, and monitoring.) • Upper Meridian Valley Creek Box Culvert and Stream Restoration(2003)— this project benefits flood remediation, fish habitat, and water quality. ($897,935 including design, permitting, construction, maintenance, and monitoring.) • Springbrook Creek Restoration Improvements (2004)—this project benefits fish habitat, implements stream restoration, improves water quality. ($756,600 including design, permitting, construction, maintenance, and monitoring.) • S 192nd Street/Spnngbrook Creek Culvert Replacement (2004}—this project implemented flood remediation. ($197,850 including design, permitting, construction, maintenance, and monitoring.) J. In addition, the city council has detennined, through its various capital improvement plans, to implement the following projects in the future: 9 Critical Areas • The Meridian Valley Creek Restoration/256`h Flume removal (2005)—this project will remove the stream from a concrete flume adjacent to SE 256th Street and relocate it into a new stream channel, through a wetland connected to Soos Creek. This will improve fish habitat for one of the most productive Coho streams in the city. • Lake Meridian Outlet Relocation (2005-2006)—this project will relocate the outlet of Lake Meridian into a new stream channel through a forested area and wetlands, rather than adjacent to 152nd Avenue SE • Soosette Creek Restoration (2005-2006)—this project would restore Soosette Creek channel south of SE 256`t' Street, add structure to the stream, and restore the buffer with native vegetation. • Upper Meridian Valley Creek Improvements (2007)—this project would replace culverts at SE 234th Street and SE 236th Street, thereby improve fish passage and flood remediation. • North Fork West Branch Soosette Creek Improvements (planned but not scheduled)—this project would add native trees and shrubs to the buffer area north of Kent-Kangley Road. • Meridian Meadows Detention Pond Fish Passage Improvements (2005-2006)— a low flow fish passage needs will be constructed within the detention pond vault. • 132"d Avenue Stormwater north of 282"d Street (2005)—this project includes enhancing the conveyance capabilities of an existing stormwater system and will benefit flood remediation. • West Fork West Branch Soosette Creek culvert replacement (2006)—with the widening of 116th Avenue SE, several driveway culverts will be replaced with larger culverts, enhancing fish passage and flood remediation. In addition, the stream buffer will be moved away from the road and planted with native vegetation to enhance water quality • Boeing Creek Restoration (planned)—this project would include relocating Boeing Creek away from S. 212th Street and West Valley Highway, adding meanders and structures, including large woody debris, and would include replanting the buffers with native vegetation. • Johnson Creek Watershed Restoration and Flood Protection (on-going)—this watershed is currently experiencing development pressure which will generate additional stormwater runoff. For those properties within the city of Kent, the provisions of the Green River Flood Management Agreement must be met, however, not all sites in the watershed are within the city and stormwater impacts may be an issue. In addition, the watershed contains some large wetlands in need of restoration. The goal of the project is to complete a watershed based plan to address stormwater, habitat and restoration. Benefits include- flood remediation, water quality, fish and wildlife habitat, open space, steam and wetland restoration. 10 Critical Areas 4 • Culvert replacement projects within the Mill Creek drainage (2007 and on- going}--there are 5 remaining box culverts that need to be replaced in the Mill Creek watershed. Upon completion, their replacement will benefit flood remediation, fish passage, and wildlife habitat. • Rosso Property acquisition (2005)—the city of Kent applied for and received a Salmon Recovery Funding (SRF) Board grant to acquire a portion of this property along the Green River. If able to complete this purchase, the city plans to construct back channel habitat, plant native vegetation, remove non-native vegetation, and construct a native plant nursery on-site, which has nearly a mile of Green River frontage. • Lower Mill Creek Auburn Confluence Property Acquisitions and Restorations (in-progress)—the city has been working with property owners on the potential acquisition along this portion of Mill Creek and has acquired a King County Conservation Futures grant for this purpose. If the property is secured, the city would construct a backchannel and would plant the site with native vegetation • Clark Lake outlet gravel augmentation (planned but not scheduled)—the city plans to augment stream bed gravel in the Clark Lake outlet for spawning Coho salmon. • Green River Riverview Park back-channel (2006-2007)—this project is part of the Green/Duwamish Ecosystem Restoration Plan in which the city is partnering with the United States Army Corps of Engineers and other jurisdictions to restore salmonid habitat in the watershed. This project would construct a backchannel for reanng and refuge on the Riverview Park site including log structures and planting of native vegetation. • Garrison Creek restoration (2005 and on-going)—this project will restore a portion of Garrison Creek which is currently causing flooding problems on the northbound SR 167/S 212"' Street off-ramp. In addition the project will also restore an up-stream portion of Garrison Creek. Benefits of this project will include flood remediation, fish and wildlife habitat, and water quality improvements. K. All of these programs and projects will serve to protect the functions and values of critical areas in Kent, and will, either specifically or generally, preserve or enhance habitat for all life stages of anadromous fish. As this record shows, the city council has been and continues to be committed to improving, enhancing, and protecting critical areas in this city. L. Within the context of these programs, projects, and complimentary development regulations, and taking into consideration the broader scientific evidentiary disputes as to the appropriate interpretation and application required to 11 Critical Areas include best available science, this council, city staff, and the city's environmental consultants have reviewed and considered the best available science in the record and have evaluated and analyzed its relevance to the types and functions and values of the streams, wetlands, and other critical areas found in this city. The city has documented and included the best available science in the record through specific best available science documents prepared for each critical area. These documents and subsequent addenda help provide a framework for this decision. WETLANDS REGULATIONS: M. The city's review of the best available science for wetlands is based upon scientific references available in 2003 and 2004, as well as relevant studies from the Washington Department of Community Development's Citations of Recommended Sources for Designating and Protecting Critical Areas (2002) and the Department of Community, Trade and Economic Development's (CTED) Critical Areas Assistance Handbook(2003) Other scientific documents that were relied upon are included in the i best available science document that was prepared and included in the record. N. Two key issues arose during this process. The first was whether the city's existing three-tier wetland rating system was sufficient or whether the city should adopt the Department of Ecology's four-tier wetland rating system. The second major and most significant area of concern was to determine the appropnate buffer regulations, taking into account the existing level of developed land, the acceptable quantity (size), and the appropriate quality (native vegetation and other enhancement) of the proposed buffers. O. City staff considered the Department of Ecology's four-tiered wetland rating system and compared it to the city's current three-tiered wetland rating system. The system separates wetlands according to habitat function and value, degree of sensitivity to disturbance (i e., presence of certain sensitive wildlife), rarity (i.e., bogs), and ability to compensate for degradation (i.e., presence or absence of habitat diversity). Although the city's classification system does not fully consider all wetland 12 Critical Areas functions such as flood control, water quality improvement, etc., the city's three-tiered rating system is scientifically based, does rank wetlands from higher to lower function and value, and meets the requirements under WAC 365-190-180. In 2003 and 2004, Adolfson and Associates, the city's wetlands consultants, assisted the city with development of a full array of regulations and standards for wetlands, not all of which i were accepted by this council. This array of regulations works interactively with the three-tiered wetland rating system currently in use and adequately addresses any lingering concerns that may be raised regarding the city's continued use of its three-tier rating system. P. Moreover, it was not until August, 2004, that the Department of Ecology revised and published its final guidance on the new four-tiered wetland rating system. Although arriving late in the GMA update process, city staff and its environmental consultants reviewed the new Department of Ecology wetland rating system. However, due to the higher level of complexity in the rating form and increased ability for subjectivity between evaluators using the form, we have decided to continue to use the city's three-tiered system. While it is recognized that the Department of Ecology's new 2004 wetland rating system may be appropriate for ranking wetlands at a state or county level where there is a wide diversity of wetland types, urban areas such as Kent find that a simpler system adequately addresses wetland impacts and makes better practical and scientific sense given the lesser diversity of wetland types. Wetland functions and values will be protected, as mandated under the GMA, with the existing city rating system. Q. As a result, the council has determined, based on consultation with city staff, the city's wetlands consultant, and with the community at large, that the existing three-tier system adequately addresses the requirements in the WAC. This ranking system addresses wetland function, value, and uniqueness in our local environment, and has the added benefit of providing for a rating system that is consistent with past practice, is easily applied and understood, and accordingly minimizes staff and developer misinterpretation. For these reasons, council has determined that 13 Critical Areas i continuation of the three-tier ranking system will not adversely affect the functions and values of critical areas in Kent. R In addition, the city and its consultant evaluated the scientific record related to determining appropriate and adequate wetland buffer widths to protect the functions and values of wetlands. There continues to be considerable discrepancy in the scientific literature regarding wetland buffer widths. For example, the scientific research generally indicates that buffers no smaller than 25 feet and as large as 350 feet are needed to protect most wetland functions and values (Sheldon et al , 2003). Buffer widths adequate to protect wetland wildlife, including waterfowl, vary dependent upon the type of wetland, adjacent land use, site conditions, and other site-specific factors. The scientific literature reflects that larger buffer widths (over 100 feet and for some species over 1600 feet) are shown to be needed to protect certain wildlife species that use wetlands habitat. The scientific literature also shows that larger buffers are useful to protect certain water quality improvement functions such as removal of fine sediment. S. Because of the dramatic spread in buffer width for habitat and other purposes that is shown in the scientific record, the city must select from the range of buffer widths needed to protect the variety of species that may use these habitat buffers. Obviously, the city cannot fully protect all species habitat needs unless the city wants to set all buffers at 1600' or greater Rather, the city must make a reasoned and measured decision, interpreting the scientific literature, taken in the context of the local environment and within the local regulatory framework. The city has done just that, after extensive public comment and dispute over the appropriate buffer widths. T. The wetland buffer widths proposed by the city lie within the range of effective buffer widths in the scientific record, albeit at the lower end of that range. Although some participants have argued that smaller wetland buffers widths constitute a departure from state recommendations and from some of the scientific record, the council has determined, however, that this "lower end" is acceptable in light of all 14 Critical Areas factors at play, which are discussed in detail in these recitals. The city has evaluated the potential risks to the functions and values of wetlands as a result of implementing these buffers and recognizes that the greatest risk to the functions and values of wetlands in our jurisdiction is likely to occur in those Category 2 wetlands that are among the most highly functioning within that category. However, the city's selected buffers will protect the functions and values of wetlands under the new regulatory framework provided here in part because the city also is adding buffer enhancement requirements, increased mitigation ratios, and an increased buffer incentive program as part of the overall regulation. For example, on the highly built-out and developed Kent valley floor, this ordinance focuses on enhancing vegetation within the wetlands buffers, rather than just creating larger, poorly vegetated wetland buffers. The purpose for this is to improve the functioning of existing buffers, which currently are highly degraded on the valley floor. U. As part of this overall GMA enactment process, this council is concurrently passing a resolution authorizing the Mayor to develop and enact a critical areas Habitat Protection and Restoration Plan (Habitat Plan). The Habitat Plan will be put in place to enhance critical area habitat and to offset any unintended past and present risk of degradation to existing wetland functions and values. Streams will also be included in the Habitat Plan since wildlife that utilize wetlands also utilize streams and their associated buffers. The Habitat Plan will use a "landscape approach" to understand the relationship between stormwater runoff, wetland functions, and fish and wildlife habitat. This plan could include projects to enhance fish and wildlife habitat, stormwater management, and wetland restoration. V. Taken together, as these regulations pertain to wetlands, their classification, and their attendant buffers, the city council has determined that the regulatory framework enacted in this ordinance, particularly when viewed in the context of the city's other regulatory programs and critical areas enhancement projects, interprets, applies and includes best available science as provided for under law. 15 Critical Areas STREAM REGULATIONS. W. Turning to streams and stream buffers, the city also took a specialized approach in light of the unique conditions in this city. Riparian corridors provide a wealth of benefits to stream ecosystems and to the fish and wildlife species that are dependent on them for some or all of their life history. It is in the interest of the city to provide appropriate stream buffers to help promote the various functions these systems provide, including helping to regulate stream flow by intercepting rainfall, promoting infiltration, and maintaining the natural hydrologic cycle. A review pf the best available science was completed which identified a regulatory approach that differs between the valley floor area and the East Hill area of Kent. , X. The practical constraints imposed by existing land use patterns and limitations on stream conditions were recognized factors when developing these new critical areas regulations. Stream buffer vegetation in the valley tends to be highly degraded. A substantial amount of existing and vested development has previously been constructed less than 50 feet from streams based on prior development regulations, and in some instances substantial development (e.g., buildings, parking areas, or other impervious surfaces) exists up to within 15 feet of existing streams As a result, the ability to "go back in time" and recreate wider buffers would create a disproportionate number of nonconforming uses in the valley. Also, this would not be a practical approach because redevelopment would only occur on an isolated basis, leaving discontinuous and sporadic critical areas with little likelihood of establishing functioning habitat corridors. Finally, dramatic buffer expansion beyond existing setbacks in the valley would likely be an economic disincentive that would be harmful to redevelopment, growth, and employment in the Kent valley. Accordingly, council has determined to adopt a"valley overlay"program for buffers in this area of Kent. Y. The options considered included a variety of approaches to addressing the functions, conditions, and context of streams within the valley system—Mill Creek (in Kent), Spnngbrook Creek, and portions of Garrison Creek. The water quality and habitat considerations of these streams was documented and considered, along with 16 Critical Areas information in the best available science literature applicable to stream functions and values. Z. Stream reaches in the valley floor provide a limited set of habitat functions for anadromous fish. These include migration passage and juvenile rearing. Because the valley floor streams are nearly flat, the resulting sediments are too fine for spawning habitat. The primary habitat values that function well in these streams include water quality and physical habitat structure. Many of the existing buffers along these streams are dominated by invasive plant species (e.g., reed canary grass, Himalayan blackberry). These species do not contribute to habitat quality and often reduce available oxygen. Dissolved oxygen and temperature are the most important water quality attributes supporting the functions needed by anadromous fish in these reaches. AA. As indicated, some areas of the valley have existing stream setbacks as narrow as 15 feet. This general area is primarily developed with existing buildings, structures, and impervious surfaces; most are industrial. Past land uses and development patterns have altered the riparian corridors, and there is insufficient land to set aside to meet large minimum stream buffers. These same factors have also resulted in less than desirable habitat and water quality functions in these areas. By focusing on enhancing particular degraded stream functions, improvement of the riparian conditions in the valley floor will be realized over time. BB. Consequently, these regulations include the best available science in a manner that would provide improved protection of relevant values in the affected valley floor stream segments, while recognizing the existing land use pattern and the economic development functions occurring in the valley. BALANCING GMA GOALS. CC. As these recitals show, developing and enacting a critical areas ordinance that satisfies the GMA requirements and addresses the needs of the i 17 Critical Areas community has been an arduous task. This council has been told by some participants and even by some city staff that the regulations adopted by this ordinance do not appropriately include best available science. On the other hand, other participants have argued strongly that these regulations are entirely consistent with best available science. Still other speakers have told us plainly that none of the options considered by council are consistent with best available science. At the very least, the widespread disagreement among the various parties that have participated in this lengthy public process show that reasonable minds can and do differ about the meaning, interpretation, and application of best available science under the GMA. DD. This council recognizes that, in particular, the wetland buffers adopted here are at the low end of the range of best available science. Yet, when coupled with the expanded mitigation ratios, the buffer expansion incentive sections, the buffer enhancement requirements, and the Wildlife Habitat and Restoration Plan, while taking into account the various regulations, programs, and projects already in place in this city, the city council believes that this ordinance does in fact comply with and properly ' includes best available science as provided for under the GMA. EE. Nevertheless, despite our conviction that this ordinance properly complies with GMA requirements, we would be naive to assume that any reviewing body will undoubtedly agree with our determination. On that basis, the council wishes further to discuss its reasons for choosing and applying buffers that are on the lower end of the range of best available science and includes the following non-scientific information. FF. The city's 2004 Comprehensive Plan, in its Framework Policies, lists the thirteen GMA Planning Goals. GMA's Open Space and Recreation and Environment goals are of key importance to this city, but equally important are the goals of Urban Growth, Housing, Economic Development, and Property Rights. In an urban center like Kent, balancing the competing pressures of accommodating growth and community vitality with the need to protect and preserve the environment is no small 18 Critical Areas task. This council, with the assistance of city staff and the greater Kent community, has endeavored long and hard to balance these competing goals in the fairest manner that serves all the competing needs voiced by the members of this community who participated in this lengthy process. GG. The goals and policies established in the Natural Resources Goals and Policies on pages 4-42 through 4-54 of the city's 2004 Comprehensive Plan express the importance of the environment to this city. However, we cannot act in a vacuum. We must also consider other goals and policies in our plan. HH. Our Housing Needs and Affordable Housing Goals and Policies, pp. 6- 12 to 6-15, argue in favor of flexibility in our land use regulations in order to fulfill those goals and policies. Many real estate development representatives spoke strongly and convincingly that the environment should not receive greater emphasis than the need to create additional residential housing in our community, which has become an area that has seen significant single family residential construction. II. Nor can this council ignore its economic development goals and policies, pp. 12-1 through 12-8. This city is committed to supporting its manufacturing and warehouse distribution center as a significant employment and commercial activity center not just in the greater Seattle area, but along the entire West Coast. The city has, over many years, committed considerable time and effort through land use planning and capital infrastructure projects to facilitate and enhance this center of commercial activity and significant employment source. The city has an equally important commitment to downtown revitalization. Excessive environmental regulation can have a distinct downward effect on this commercial activity, which in many ways is the lifeblood of our city. The goals of environmental protection must be balanced against its impacts on commercial growth and the individuals and organizations that have invested so much in our community's future. 19 Critical Areas JJ. Finally, though little is discussed about this goal in our Comprehensive Plan, we must consider the effect of environmental regulation on property rights. This in fact could be the one most significant factor calling out for a balanced approach to regulating our natural environment. Although we recognize the need for regulation in order to preserve the public health, safety, and welfare, we also recognize that these regulations sometimes negatively affect property values or restrict, and sometimes eliminate, certain uses on a person's property. The city must consider the negative impacts to individual property rights when implementing its critical areas regulations. CONCLUSIONS: KK. This ordinance implements critical areas regulations that include best available science to protect the functions and values of critical areas in Kent, taking into account the broader scientific evidentiary disputes over interpretation of the range of that science when applied to the specific, local environment in Kent, particularly within the context of the other regulations, programs, and projects already in place within our jurisdiction. LL. These resulting regulations implement goals and policies of the Kent Comprehensive Plan, balancing those pertaining to natural features and environmental protection against housing, economic development, and property rights goals and policies. MM. The regulations adopted also serve as a basis for the exercise of the city's substantive SEPA authority, while at the same time reducing the city's reliance on project-level SEPA review to develop individualized standards. NN. These standards will provide consistent criteria and procedures that will enable the city to effectively manage and protect critical areas while accommodating the rights of property owners to use their property in a reasonable manner. At the same time, these regulations will provide greater certainty to property owners regarding uses and activities that are permitted, prohibited, and/or regulated due to the presence of 20 Critical Areas ` critical areas. These regulations will also coordinate environmental review and the ` permitting of proposals involving critical areas with existing development review and approval processes to avoid duplication and delay, consistent with RCW 36.70B. 00. These regulations are intended to establish conservation and protection measures for threatened and endangered species in compliance with the requirements of the Endangered Species Act and provide special consideration for anadromous fish pursuant to WAC 365-195-925. PP. These regulations will serve to alert members of the public, including: appraisers, assessors, owners, potential buyers or lessees, to the development limitations of critical areas and their required buffers. t QQ. This ordinance is an exercise of the city's police power to protect the public's health, safety, and general welfare. jNOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: ORDINANCE SECTION I. - Amend. Section 11.03.510 of the Kent City Code, entitled "Substantive authority,"is amended to read as follows: Sec. 11.03.510 Substantive authority. A. The policies and goals set forth in this chapter are supplementary to those in the existing authorization of the city. B. The city may attach conditions to a permit or approval for a proposal so long as: ' 21 Critical Areas 1. Such conditions are necessary to mitigate specific probable significant adverse environmental impacts identified in environmental documents prepared pursuant to this chapter; 2. Such conditions are in writing; j 3. The mitigation measures included in such conditions are reasonable and capable of being accomplished; 4. The city has considered whether other local, state, or federal mitigation measures applied to the proposal are sufficient to mitigate the identified impacts; and 5. Such conditions are based on one (1) or more laws or regulations as provided in Ch. 11.03 KCC and subsection (D) of this section and identified in writing in the license or other decision document. C. The city may deny a permit or approval for a proposal on the basis of State Environmental Policy Act so long as: 1. A finding is made that approving the proposal would result in probable significant adverse environmental impacts that are identified in a final environmental i impact statement or final supplementary environmental impact statement prepared pursuant to this chapter; 2. A finding is made that there are no reasonable mitigation measures capable of being accomplished that are sufficient to mitigate the identified impact; and 3. The denial is based on one (1) or more policies identified in subsection (D)below and identified in writing in the license or other decision document. D. The city designates and adopts by reference the following additional policies as the basis for the city's exercise of authority pursuant to this section: 1. The city shall use all practicable means, consistent with other essential considerations of state policy, to improve and coordinate plans, functions, programs and resources to the end that the state and its citizens may: 22 Critical Areas a. Fulfill the responsibilities of each generation as trustee of the environment for succeeding generations; b. Assure for all people of the state safe, healthful, productive and aesthetically and culturally pleasing surroundings; c. Attain the widest range of beneficial uses of the environment without idegradation, risk to health or safety or other undesirable and unintended consequences; d. Preserve important historic, cultural and natural aspects of our national heritage; e. Maintain, wherever possible, an environment which supports diversity and variety of individual choice; f. Achieve a balance between population and resource use which will permit high standards of living and a wide sharing of life's amenities; and g. Enhance the quality of renewable resources and approach the maximum attainable recycling of depletable resources. 2. The city recognizes that each person has a fundamental and inalienable right to a healthful environment and that each person has a responsibility to contribute to the preservation and enhancement of the environment. 3. The city adopts by reference the policies in the following city codes, ordinances, and resolutions: a. The citywide comprehensive plan as prepared and adopted pursuant to the State Growth Management Act and adopted on April 18, 1995 by the Kent city council by Ordinance 3222 and its specific components and elements, and including all amendments thereto. b. Shoreline master program as adopted by the Washington State Department of Ecology on June 16, 1992 and as adopted by the Kent city council on July 21, 1992 by Ordinance 3056 and including all amendments thereto. 23 Critical Areas c. The surface water and drainage code, Ch. 7.07 KCC and including all amendments thereto. d. Underground installation of electrical or communications facilities, Ch. 7.10 KCC and including all amendments thereto. e. Transportation master plan (Resolution 1014 and amended by t Resolution 1032) and Green River Valley transportation action plan (Resolution 1127) as may hereafter be amended and including all amendments thereto. f. Wastewater facilities master plan, Ch. 7 09 KCC and including all amendments thereto. g. Comprehensive water plan (Ordinances 2829 and 2960) and conservation element Resolution 1361 and including all amendments thereto. h. Construction standards for public works, KCC 6.02 010 and 6 02.020 (Ordinance 3117) and including all amendments thereto. i. Street use permit requirements, Ch. 6.07 KCC and including all amendments thereto. j. Flood hazard protection, Ch. 14.09 KCC and including all amendments thereto. k. Subdivisions, Ch. 12.04 KCC and including all amendments thereto. 1. Mobile home parks, Ch. 12.05 KCC and including all amendments thereto. m. Valley studies (as adopted in Resolutions 920, 921, 922, 923, and 924). n. Noise control, Ch. 8.05 KCC and including all amendments thereto. o. State building code, together with the local implementing ordinances, KCC Title 14 and including all amendments thereto. 24 Critical Areas p. State fire code, together with the local implementing ordinances, iKCC Title 13 and including all amendments thereto. q. Zoning, KCC Title 15 and including all amendments thereto. r. Recreational vehicle park, Ch. 12 06 KCC and including all amendments thereto. s. Water shortage emergency regulations, Ch. 7.13 KCC and Water Conservation Ordinance 2227 and including all amendments thereto. t. Required public improvements, Chs. 6.02 and 6.03 KCC and including all amendments thereto. u. Storm and surface water drainage utility, Ch. 7.05 KCC and including all amendments thereto. v. Storm drainage policies (Ordinance 2547) and including all amendments thereto. w. Six (6) year transportation improvement plan (Resolution 1444) and including all amendments thereto. x. Comprehensive sewerage plan (Resolution 915) and including all amendments thereto. y. Fire master plan (Ordinance 2511) and including all amendments thereto. z. Critical areas (Ordinance 37 )Vitth-did&-n+affageffierA—(Ordinffliee 3'�and including all amendments thereto. . 25 Critical Areas SECTION 2. - Repeal. Chapter 11.05 of the Kent City Code, entitled "Wetlands Management,"is hereby repealed in its entirety. SECTION 3. - Create Chapter 11.06 of the Kent City Code, entitled "Critical Areas," is hereby created and shall read as follows: Chapter 11.06 CRITICAL AREAS Article I. Procedural & Administrative Provisions Sec. 11.06.010. Title. This code shall be hereinafter known as the city of Kent critical areas code. Sec. 11.06.020. Purpose and Intent. A. The city of Kent contains numerous areas that can be identified and characterized as critical or environmentally sensitive. Such areas within the city include wetlands, streams, wildlife and fisheries habitat, geologic hazard areas, frequently flooded areas, and aquifer recharge areas. r B. The city finds that these critical areas perform a variety of valuable and beneficial biological, physical and economic functions that benefit the city and its r residents. Alteration of certain critical areas may pose a threat to public safety, private property and the environment. The city finds, therefore, that identification, regulation and protection of critical areas is necessary to protect the public health, safety and general welfare The city further finds that the functions of critical areas, and the t purpose of these regulations, include the following. 1. Wetlands. Wetlands perform a variety of functions that include maintaining water quality; storing and conveying stonnwater and floodwater; recharging groundwater, providing mmportant fish and wildlife habitat, and providing areas for recreation, education, scientific study and aesthetic appreciation. 26 Critical Areas Wetland buffers serve to moderate runoff volume and flow rates; reduce sediment chemical nutrient and toxic pollutants; provide shading to maintain desirable water temperatures,provide habitat for wildlife; and protect wetland resources from iharmful intrusion. The primary goals of wetland regulation are to avoid wetland impacts; to achieve no net loss of wetland function and value acreage may also be considered in achieving the overall goal, to provide levels of protection that reflect the sensitivity of individual wetlands and the intensity of proposed land uses; and to restore and/or 1 enhance existing wetlands,where possible. The city of Kent's program for wetland protection is a combination of regulatory and non-regulatory programs designed to collectively provide for protection of wetland functions and values in a manner which is consistent with Best Available Science and the other goals and objectives of the Growth Management Act, RCW ch. 37 70A. Protection of the water quality and hydrologic functions of wetlands is accomplished in Kent by a combination of stormwater management controls (including both water quality controls and flow controls) regulated 1ursuant to KCC ch 7 07, and wetland buffers imposed pursuant to this ordinance. Taken together these programs will provide adequate water quality and hydrologic protection to meet Best Available Science requirements. 2. Fish & Wildlife Habitat Conservation Areas. a. Streams and their associated riparian corridors provide important fish and wildlife habitat, including habitat for threatened and endangered species; help maintain water quality, store and convey stormwater and floodwater; recharge groundwater; and serve as areas for recreation, education, scientific study and aesthetic appreciation Stream buffers serve to moderate stormwater runoff volume and flow rates; reduce sediment, chemical nutrient and toxic pollutants; provide shading to tmaintain desirable water temperatures; provide habitat for wildlife, and protect stream resources from harmful intrusion. 27 Critical Areas The primary goals of stream regulation are to avoid or otherwise mitigategnificant impacts to streams and associated riparian corridors; to protect threatened and endan erg ed species; to protect water quality through appropriate management techniques; and, where possible, to provide for stream enhancement and rehabilitation. b. Wildlife habitat provides opportunities for food, cover, nesting, breeding and movement for fish and wildlife within the city; maintains and promotes diversity of species and habitat within the city; integrates habitat protection with i elements of the city's open space system; helps maintain air and water quality; helps control erosion; serves as areas for recreation, education and scientific study d t aesthetic appreciation The primary goals of wildlife habitat regulations are to identify and protect fish and wildlife habitat to avoid impacts to critical habitats for fish and wildlife; to implement the goals of the Endangered Species Act; to promote connectivity between habitat areas to allow for wildlife movement; to provide multi- purpose open space comdom and where possible to enhance and rehabilitate wildlife habitat. 3 Geologic Hazard Areas. Geologic hazard areas include land characterized by geologic, hydrologic and topographic conditions that render them susceptible to varying degrees of risk of landslides erosion, seismic or volcanic activity. The primary goals of regulating geologic hazards are to avoid and minimize potential impacts to life and property to regulate land uses where necessary and to conduct appropriate levels of analysis to ensure sound engineering eering and construction practices to address identified hazards. 4 Critical Aquifer Recharge Areas Aquifer recharge areas provide a source of potable water and contnbute to stream discharge/flow dunng penods of low flow. The city finds that certain locations are susceptible to contamination of water supphes by infiltration of pollutants through soil to groundwater aquifers. 28 Critical Areas The primary goals of aquifer recharge regulations are to protect critical aquifer recharge areas and groundwater quality by avoiding or limiting land use activities that pose potential nsk of aquifer contamination; and to minimize impacts to significant aquifer recharge areas through the application of performance standards. 5 Speczfic Flood Hazard Regulations. This section of the Kent City Code, and other sections as incorporated by reference contain standards, procedures, cntena and requirements intended to identify analyze and miti ate to potential impacts to the cit3's critical areas and to enhance and restore degraded resources where possible. The 1 general intent of these regulations is to avoid impacts to critical areas In appropnate circumstances impacts to specified critical areas resulting from regulated activities may be minimized rectified reduced and/or compensated for, consistent with the requirements of this chapter. Sec. 11.06.030. Regulated Activities. A The provisions of this chapter shall apply to any regulated activity that potentially affects a cntical area or its buffer unless otherwise exempt by these regulations. Applicable activities are as follows: 1. Removing excavating, disturbing or dredging soil, sand, gravel, minerals, organic matter or materials of any kind. 2. Dumping, discharging or filling with any material. 3. Draining, flooding or disturbing the water level or water table, or diverting or impeding water flow 4 Driving pilings or placing obstructions. 5. Constructing, substantially reconstructing, demolishing or altering the isize of any structure or infrastructure. 6. Destroying or altering vegetation through cleanng, grading, harvesting, shading or planting_vegetation that would negatively affect the character of a critical area. 7. Activities that result in significant changes in water temperature, physical or chemical characteristics of water sources, including quantity and pollutants. ' 29 Critical Areas i 8. Any other activity potentially affecting a critical area or buffer not otherwise exempt from the provisions of this chanter as determined by the department 9. The construction of new recreation trails within the buffer, which shall be low intensity, designed and constructed of permeable materials which protect water quality, allow adequate surface water and groundwater movements, do not contribute to erosion, and are located where they do not disturb nesting, breeding and rearingareas, reas and designed to avoid or reduce the removal of trees. Where a regulated activity would be partly within and partly outside a cntical area or its buffer, the entire activity shall be reviewed pursuant to the requirements of this chapter. , B. To avoid duplication, all permits and approvals identified in KCC 12.01 shall be subiect to, and coordinated with, the requirements of this chapter. C. Non-protect actions, including but not limited to rezones, comprehensive plan map amendments, annexations, and the adoption of plans and programs, shall be subject to the requirements of this chapter. However, the department may at its discretion, penmrt any studies or evaluations required by this chapter to use t methodologies and provide a level of detail appropriate to the action proposed. D. Activities within the Green River Natural Resources Area shall be subiect to this r chapter with the exception of activities allowed by Resolution 922, adopted by the city of Kent in March 1981. Sec. 11.06.040. Exemptions. A. The following activities performed on sites containing critical areas as defined by this chapter shall be exempt from the provisions of these regulations: 1. Conservation or preservation of soil, water, vegetation, fish and other wildlife that does not entail changing the structure or functions of the cntical area. 2. Existing and ongoing agricultural activities, as defined in this chapter 3. Activities involving artificially created wetlands or streams intentionally created from non-wetland sites, including but not limited to, grass-lined swales, irrigation and drainage ditches, retention or detention facilities, and landscape features, 30 Critical Areas except wetlands or streams created as mitigation or that provide critical habitat for anadromous fish. 4 Operation maintenance repair and reconstruction of existing structures, roads trails streets utilities and associated structures, dikes, levees or drainage systems provided that reconstruction of any facilities or structures is not "substantial reconstruction" may not further encroach on a cntical area or its buffer, and shall incorporate Best Management Practices. 5 Normal maintenance repair and reconstruction of residential or commercial structures facilities and landscaping, provided that reconstruction of any structures may not increase the previous footpnnt, and further provided that the provisions of this chapter are followed. 6 The addition of floor area within an existing building which does not increase the building footprint. 7. Site investigative work and studies that are prerequisite to preparation of an application for development mcludmg soils tests water quality studies wildlife studies and similar tests and investigations, provided that any disturbance of the critical area shall be the minimum necessary to carry out the work or studies. 8. Educational activities, scientific research, and outdoor recreational activities including but not limited to interpretive field traps, birdwatching, boating, swimming fishing and hiking that will not have a significant effect on the critical area. 9. The harvesting of wild crops and seeds to propagate native plants in a manner that is not injurious to natural reproduction of such crops and provided the harvesting does not require tilling of soil, plantingof f crops, or alteration of the cntical area by changing existing topography, water conditions or water sources. 10. Emergency activities necessary to prevent an immediate threat to public health, safe, property or the environment which requires immediate action within a time too short to allow full compliance with this chapter as determined by the ' department. 11. Development of lots vested and/or legally created through a subdivision, short subdivision, or other legal means and approved prior to the effective date of this chapter. 31 Critical Areas 12. Previously legally filled wetlands or wetlands accidentally created by human actions prior to July 1, 1990. The latter shall be documented through photographs, statements and/or other conclusive evidence and be agreed to by the director. 13. Removal of invasive plants and planting of native vegetation in wetland and stream buffers for the purpose of enhancing habitat values of these areas pursuant to an approved mitigation plan. 14. Stabilization of sites where erosion or landsliding threatens public or private structures, utilities, roadways, driveways or publicly maintained trails or where erosion or landsliding threatens any lake, stream, wetland or shoreline. Stabilization work shall be performed in a manner which causes the least possible disturbance to the slope and its vegetative cover. This activity shall be performed in accordance with approved site stabilization plans. 15. Minor activities not mentioned above and determined in advance and in writing by the director to have minimal impacts to a critical area. B. Notwithstanding the exemptions provided by this subsection, any otherwise exempt activities occurring in or near a critical area or its buffer shall comply with the intent of these standards and shall consider on-site alternatives that avoid or minimize i significant adverse impacts. Emergency activities shall mitigate for any impacts caused to cntical areas upon abatement of the emergency. C. With the exception of emergency actions, and existing and ongoing agricultural activities no property owner or other entity shall undertake exempt activities prior to providing fourteen (14) days notice to the director and receiving confirmation in wnting that the proposed activity is exempt. In case of any question as to whether a particular activity is exempt from the provisions of this section the director's determination shall prevail and shall be confirmed in writing. D. Legally established uses developments or structures that are nonconforming , solely due to inconsistencies with the provisions of this chapter, shall not be considered nonconforming_pursuant to KCC 15.08.100. Reconstruction or additions to existing structures which intrude into critical areas or their buffers shall not increase the amount of such intrusion except as provided by section 10(A) of this title. Once a non- 32 Critical Areas conforming use is discontinued for a period of one-year, that use cannot be re- established. E. The exemptions established by this section shall apply only to activities that are otherwise permitted by federal, state and/or local laws. See. 11.06.050. Critical areas maps. The approximate location and extent of critical areas within the city are shown on the critical areas inventory maps These maps shall be used for informational purposes and as a general guide only, for the assistance of property owners and other interested parties*, the boundaries and locations shown are generalized. The actual presence or absence type extent, boundanes, and classification of critical areas on a specific site shall be identified in the field by a qualified consultant and confirmed by the department according to the procedures, definitions and critena established by this chapter. In the event of any conflict between the critical area location or desi ng ation shown on the city's maps and the criteria or standards of this section, the criteria and standards shall prevail. 1 Sec. 11.06.060. Relationship to other regulations. A. These cntical area regulations shall apply as an overlay and in addition_to zoning, land use and other regulations established by the city of Kent In the event of any conflict between these regulations and any other city regulations, those regulations which provide greater protection to environmentally cntical areas shall apply, as determined by the director. B. Areas characterized by specific critical areas may also be subject to other regulations established by this chapter due to the overlapping or multiple functions of some critical areas Wetlands, for example, may be defined and regulated according to the wetland, wildlife habitat and stream management provisions of this chapter. In the ' event of any conflict between regulations for particular cntical areas in this chapter, the regulations which provide greater protection to environmentally cntical areas shall fapply, as determined by the director. I 33 Critical Areas Sec. 11.06.070. Critical area review process and application requirements. A. Pre-Application Conference. 1. For those projects subject to Environmental Review pursuant to SEPA, the pre-application requirements of KCC 12 01 shall apply. ' projects which are subject to this chapter but are exempt from the SEPA requirements the applicant is encouraged to meet with the city prior to submitting an application. 3. The purpose of these meetings shall be to discuss the city's critical area , requirements processes and procedures; to review any conceptual site plans prepared by the applicant; to identify potential impacts to critical areas and appropriate mitigation measures; and to the extent it can be determined, generally inform the applicant of any known federal or state regulations or approvals applicable to the subject critical area. Such conference shall be for the convenience of the applicant, shall not constitute legal advice or scientific opinion and any recommendations shall not be binding on the applicant or the city. It shall be the applicant's sole responsibility to identify and secure all necessary permits from any agencies with jurisdiction notwithstanding that the city of Kent may also have the authority to issue a permit. B. Application Requirements. 1 Timinkof Submittals Concurrent with submittal of a SEPA checklist, or concurrent with submittal of an application for projects exempt from SEPA a cntical t area report must be submitted to the city for review. The purpose of the report is to determine the extent characteristics and functions of any critical areas located on or potentially affected by activities on a site where regulated activities are proposed. The report will also be used by the department to determine the appropriate cntical area rating or classification where applicable and to establish appropriate buffer requirements. 2 Report Contents Reports and studies required to be submitted by this chapter shall contain at a minimum the information indicated in the attachments to this chapter applicable to each critical area. The department may tailor the information required to reflect the complexity of the proposal and the sensitivity of cntical areas that may potentially_bepresent. , 34 Critical Areas C. Critical Area Consultants - Qualifications & City Review. All reports and studies required of the applicant by this section shall be prepared by a qualified consultant as defined in these regulations. The department may, at its discretion, retain a qualified consultant to review and confirm the applicant's reports, studies and plans Such review shall be paid for by the applicant. D. Review Process. This section is not intended to create a separate critical area review permit process for development proposals. To the extent possible, the city shall ' consolidate and integrate the review and processing of cntical area-related aspects of proposals with other land use and environmental considerations, reviews and approvals. Any permits required by separate codes or regulations, such as Shoreline Substantial Development Permits, shall continue to be required. Sec. 11.06.080. Procedural provisions. A. Interpretation and Conflicts. The director of the department or his/her designee shall have the authority to administer the provisions of this chapter, to make determinations with regard to the applicability of the regulations, to interpret the intent of unclear provisions, to require additional information, to detennine the level of detail and appropriate methodologies for critical area reports and studies, to prepare application and informational materials as required, to promulgate procedures and rules for unique circumstances not anticipated by the standards and procedures contained within this section. B. Penalties and Enforcement. Compliance with these regulations and penalties for their violation shall be enforced pursuant to the procedures set forth in KCC 1.04. 1 C. Appeals from Critical Area Review Decisions. Appeals from critical area review decisions shall be governed by the procedures set forth in KCC 12 01.190 and KCC ( 2.32. D. Burden of Proof The burden of proving that a proposed activity meets the standards established by this chapter shall be on the applicant. 35 Critical Areas 1 See. 11.06.090. Reasonable use provision. A. The standards and requirements of these regulations are not intended, and shall not be construed or applied in a manner, to deny all reasonable use of pnvate property_ If an applicant demonstrates to the satisfaction of the hearing examiner that strict application of these standards would deny all reasonable use of a property, development may be permitted subject to appropriate conditions. B. Applications for a reasonable use exception shall be processed as a Process III application, pursuant to KCC 12.01. C. An applicant requesting relief from strict application of these standards shall , demonstrate that all of the following criteria are met: 1. No reasonable use with less impact on the critical area and its buffer is , possible. 2. There is no feasible and reasonable on-site alternative to the activities proposed, considering possible changes in site layout, reductions in density and similar factors, that would allow a reasonable economic use with fewer adverse impacts 3. The proposed activities, as conditioned, will result in the minimum possible impacts to affected critical areas, considering their functions and values and/or the risks associated with proposed development. 4. All reasonable mitigation measures have been implemented or assured. 5. The inability to derive reasonable economic use is not the result of the Uplicant's actions or that of a previous property owner, such as by segregating or dividing the property and creating an undevelopable condition. 6. Any alteration of a critical area approved under this section shall be subject to appropnate conditions and will require mitigation under an approved mitigation plan. D. Approval of a reasonable use exception shall not eliminate the need for any other permit or approval otherwise required for a proposal by applicable city regulations. 36 Critical Areas t See. 11.06.100. Variances. A. Applications for vanances from the strict application of the terms of this chapter to aspecific property may be submitted to the city. All vanances except administrative 1 variances per subsection B shall be considered by the hearing examiner as a Process III application pursuant to KCC 12 01.040. Approval of variances from the stnct gpplication of the critical area requirements shall be consistent with the following critena: ' 1. There are unique physical conditions peculiar and inherent to the affected property which makes it difficult or infeasible to strictly comply with the provisions of this section. 2. The variance is the minimum necessary to accommodate the building footprint and access. 3 The proposed variance would preserve the functions and values of the critical area, and/or the proposal does not create or increase a nsk to the public health, safety and general welfare, or to public or private property. 4. The proposed variance would not adversely affect properties surrounding the subject site. 5. Adverse impacts to critical areas resulting from the proposal are minimized. 6. The special circumstances or conditions affecting the property are not a result of the actions of the applicant or previous owner. 7. The vanance shall not constitute a grant of special privilege. B. Other minor buffer modifications may be permitted by the director, as outlined ' in the provisions of this chapter. Article II. Definitions ' Sec. 11.06.105. Definitions. The following words terms and phrases when used in this chapter, shall have the meaning ascribed to them in this section except where the context clearly indicates a different meaning 37 Critical Areas r Sec. 11.06.110. Applicability. ' The definitions contained in this chapter are those that are generally used throughout this title, except for those definitions specified in KCC 14.09 and 15 02 which are specific to those respective sections and chapters. Sec. 11.06.115. Adjacent Wetland. Adjacent Wetland means wetlands bordenng contiguous or neighboring a river, stream or lake. , Sec. 11.06.120. Applicant. Applicant means the person, party, firm, corporation, or other entity that proposes or has perfonned any activity that affects a critical area. Sec. 11.06.125. Aquifer. Aquifer is generally, any water bearing soil unit or geologic formation. Specifically, a body of soil unit or geologic fonnation that contains sufficient saturated permeable matenal to conduct groundwater and yield economically significant quantities of groundwater to wells or springs. Sec. 11.06.130. Aquifer susceptibility. Aquifer susceptibility is a contributory factor of potential contamination of an aquifer that results from soil, rock and groundwater characteristics within a recharge area. Sec. 11.06.135. Aquifer vulnerability. Aquifer vulnerability means the combined effect of aquifer susceptibility and contaminant loading potential: it includes hydrogeologic, land use and other factors that affect the potential for groundwater contamination. , 38 Critical Areas r rSec. 11.06.140. Artificially created wetland. ' Artificially created wetland means wetlands created from non-wetland sites through purposeful legally authorized human action including but not limited to imgation and drainage ditches grass-lined swales canals retention or detention facilities, wastewater treatment facilities farm ponds, and landscape amenities. ' Sec. 11.06.145. Best available science (BAS). Best available science (BAS) is the current scientific information used in the process to designate, protect or restore cntical areas that is derived from a valid scientific process as defined by WAC 365-195-900 through 925. 1 Sec. 11.06.150. Best management practices (BMPs). Best management practices (BMPs) means the conservation practices or systems of practices and management measures that (1) control soil loss and reduce water quality degradation caused by nutnents, animal waste, toxics, and sediment; and (2) minimize adverse impacts to surface water and groundwater flow, circulation patterns, and to the chemical, physical, and biological characteristics of critical areas. r See. 11.06.155. Bog. Bog is a peat-accumulating wetland that has no significant inflows or outflows and supports acidophilic mosses,particularly sphagnum. r Sec. 11.06.160. Buffer or buffer area. Buffer or buffer area is a vegetated zone contiguous to and surrounding a critical area that protects the critical area from adverse impacts to its integrity and value. Buffers are necessary for the continued maintenance, function, and/or structural stability of a ' critical area, and are an integral part of the resource's ecosystem Buffers maw enhanced and/or re-vegetated where they are degraded or as part of a mitigation program Buffers shall be measured perpendicular from the edge of the critical area 39 Critical Areas r Sec. 11.06.165. Building setback line(BSBL). Building setback line (BSBL) means an area in which structures, including but not , limited to sheds, homes (including overhangs), buildings, and awnings shall not be permitted within, or allowed to project into, a critical area buffer. Roads, parking areas, uncovered at grade decks, patios, lawns and landscapes are permitted within the BSBL t See. 11.06.170. Clearing. t Clearing means the removal of timber, brush, grass, ground cover or other vegetative matter from a site which exposes the earth's surface of the site, or any actions which ' disturb the existing ground surface Sec. 11.06.175. Compensatory mitigation. Compensatory mitigation means the replacement of proi ect-related critical area that has been impacted, including, but not limited to, the following. A. Restoration means actions performed to reestablish stream or wetland functional characteristics and processes which have been lost by alterations, activities, or catastrophic events within an area which no longer meets the definition of a stream or wetland. , B. Creation means actions performed to intentionally establish a wetland at a site where it did not formerly exist. C. Enhancement means actions performed to improve the condition of existing wetlands or riparian areas so that the functions they provide are of a higher quality. Sec. 11.06.180. Comprehensive plan. , Comprehensive plans means the adopted City of Kent Comprehensive Plan and , amendments thereto. 40 Critical Areas r ' Sec. 11.06.185. Compensatory flood storage. Compensatory flood storage means any new, excavated flood storage volume equivalent to any flood storage capacity which has been or would be eliminated by filling or grading within the flood fringe. The compensatory flood storage must be hydraulically associated with the floodway. Sec. 11.06.190. Contaminant loading potential. Contaminant loading potential means the availability within an aquifer recharge area of any potential physical, chemical, biological, or radiological substance that enters the hydrological cycle and may cause a deletenous effect on ground water resources. Sec. 11.06.195. Creation of critical areas. Creation of critical areas means the purposeful and legally authorized construction or forming of a wetland or stream from an upland (non-wetland or dry) site through artificial means. Sec. 11.06.200. Critical area, or environmentally sensitive area. Critical area, or environmentally sensitive area means areas that possess important natural functions and embody a variety of important natural and community values. ' Such areas include wetlands, streams, fish and wildlife habitat, geologic hazard areas, cntical aquifer recharge areas and flood hazard areas. If not conducted properly, development or alteration of such areas may cause significant impacts to the valuable functions and values of these areas and/or may generate nsks to the public health and general welfare, and/or to public and private property. Sec. 11.06.205. Critical area report. Critical area report means a report prepared by a qualified consultant to determine the presence, type, class, size, function and/or value of an area subject to these regulations. ' 41 Critical Areas r Sec. 11.06.210. Critical aquifer recharge areas. Critical aquifer recharge areas means areas designated Wellhead Protection Areas , pursuant to Wellhead Protection plans or via the calculated fixed radius method, Susceptible Groundwater Areas pursuant to WAC 173-100 and Special Protection , Areas pursuant to WAC 173-200-090. Sec. 11.06.215. Critical facilities. Critical facilities means those facilities necessary to protect the public health, safety , and general welfare which are defined under the occupancy categories of Essential Facilities and Special Occupancy Structures in the International Building Code, ( or ' subsequent amendment). r Sec. 11.06.220. Critical habitat, or critical wildlife habitat, or critical fish and wildlife conservation area. t Critical habitat or critical wildlife habitat or critical fish and wildlife conservation area means habitat areas associated with threatened endangered, sensitive, monitor or , priority species of plants or wildlife and which if altered could reduce the likelihood that the species will maintain and reproduce over the long term. Such areas are identified herein with reference to lists categories and definitions of species promulgated by the Washington Department of Fish and Wildlife (Non-Game Data ' System Special Animal Species) as identified in WAC 232-12-011 or 232-12-014; in the Prionty Habitat and Species (PHS) program of the Department of Fish and Wildlife; or by rules and regulations adopted currently or hereafter by the U.S. Fish and Wildlife Service or the National Manne Fisheries Service. Sec. 11.06.225. Dedication. Dedication means conveyance of land to the city or other not-for-profit entity by deed, r easement or other instrument of conveyance. r 42 Critical Areas 1 ' Sec. 11.06.227. Degraded wetland buffer. Degraded wetland buffer means a buffer area which cannot_adequately protect its ' adjacent wetland due to one or more of the following existing conditions 1 lack of vegetative cover or presence of bare soils (resulting from disturbance, fill, debns, or trash 2) significant cover (over fifty percent) in non-native vegetative; 3) significant cover (over fifth percent) in invasive species or noxious weeds, or 4) presence of existing non-conforming structures or improvements. Sec. 11.06.230. Delineation manual, or wetland delineation manual/ methodoloey. Delineation manual, or wetland delineation manuallmethodoWT means the manual and methodology used to identify wetlands in the field, as descnbed in the Washington State Wetlands Identification and Delineation Manual, adopted by the Department of Ecology in 1997 (pursuant to RCW 90.58.380/36.70A.175), and which is based on the U.S. Corps of Engineers Wetlands Delineation Manual (1987). Use of this manual is ' required by RCW 90.58.380/36.70A.175. Sec. 11.06.235. Department. Department means the City of Kent Department of Public Works or successor any, ' unless the context indicates a different City department. Sec. 11.06.240. Director. Director means the Director of the City of Kent Department of Public Works or his/her 1 designee. Sec. 11.06.245. Earthlearth material. Earthlearth material means the naturally occurring rock soil stone sediment or ' combination thereof. 43 Critical Areas i Sec. 11.06.250. Elevated construction. ' Elevated construction means a construction technique that employs posts or pilings to , raise a structure so that waters can flow freely beneath the structure. Sec. 11.06.255. Emergent wetland. ' Emergent wetland means a wetland with at least thirty (30) percent of the surface area covered by erect rooted herbaceous vegetation as the uppermost vegetative strata See. 11.06.260. Enhancement. Enhancement means the improvement of an existing viable wetland stream or habitat ' area or the buffers established for such areas through such measures as increasing plant diversity, increasing wildlife habitat installing enviromnentally-compatible erosion ' controls increasing structural diversity or removing plant or animal species that are not indigenous to the area Enhancement also includes actions performed to improve the quality of an existing degraded wetland stream or habitat area. See also, "Restoration." ' Sec. 11.06.265. Erosion. , Erosion means a process whereby gravity, wind rain water, freeze-thaw and other natural agents mobilize and transport soil particles. , Sec. 11.06.270. Erosion hazard areas. ' Erosion hazard areas means areas within the city of Kent underlain by soils which are , subject to severe erosion when disturbed Such soils include, but are not hmited to ,those delineated in the "Soil Survey King County Area Washington" (USDA, 1973) ' as having a moderate to severe severe or very severe erosion hazard potential. These soils consist of the following- Alderwood gravelly sandy loam, 15 to 30 percent slopes (AgD)' Alderwood and KitsM soils very steep (AkF)• Arents, Alderwood Matenal, 6 to 15 percent slopes (AmQ, Beausite gravelly sandy loam, 15 to 30 percent slopes (BeD)• Beausrte gravelly sandy loam 40 to 75 percent slopes (BeF); Everett gravelly sandy loam 15 to 30 percent slopes (EyM Indianola loamy fine sand 15 to 30 percent ' 44 Critical Areas ' slopes (InD) Kitsap silt loam 8 to 15 percent slopes (KpC) Kitsap silt loam 15 to 30 percent slimes (KpD)• Ovall gravelly loam 15 to 25 percent slopes (OVD)• Ovall gravelly loam 40 to 75 percent slopes (OvF); Pilchuck loamy fine sand (Pc); Ragnar fine sandy loam, 15 to 25 percent slopes (RaD); Ragnar-Indianola association, ' moderately steep (RdE); and Riverwash (Rh). ' Sec. 11.06.275. Essential habitat. Essential habitat means habitat necessary for the survival of federally listed threatened, endangered and sensitive species and state listed pnority species. Sec. 11.06.280. Excavation. Excavation means the removal or displacement of earth material by human or ' mechanical means. Sec. 11.06.285. Existing and ongoing agricultural activities. Existing and ongoing agricultural activities: "Existing and ongoing_agncultural activities" includes those activities conducted on lands defined in RCW 84.34.020(2), and those activities involved in the production of crops and livestock. Such activity ' must have been in existence as of the effective date of this chapter The definition, includes but is not limited to operation and maintenance of farm and stock ponds or ' drainage ditches, irrigationystems, changes between agricultural activities or crops, and nonnal operation, maintenance or repair of existing serviceable structures, facilities ' or improved areas. Activities which bung an area into agricultural use from a previous non-agricultural use are not considered part of an ongoing activity. An operation ceases to be ongoing when the area on which it was conducted is proposed for ' conversion to a non-agricultural use or has lam idle for a penod of longer than five years, unless the idle land is registered in a federal or state soils conservation program. Forest practices are not included in this definition ' 45 Critical Areas Sec. 11.06.290. Exotic. , Exotic means any species of plant or animal that is foreign and not indigenous to the Kent area. See. 11.06.295. Fen. ' Fen means a peat-accumulating wetland that receives some drainage from surrounding ' mineral soil and usually supports marsh like vegetation. Sec. 11.06.300. Fill/fill material. Fill/fll material means a deposit of earth material placed by human or mechanical ' means See. 11.06.305. Filling. Filling means the act of transporting or -placing (by any manner or mechanism) fill ' material from, to, or on any surface water body or wetland, soil surface, sediment surface, or other fill material. Sec. 11.06.310. Forested wetland. ' Forested wetland means a wetland defined by the Cowardin system with at least thirty (30) percent of the surface area covered by vegetation greater than twenty (20) ' feet in height that is at least partially rooted in the wetland. Sec. 11.06.315. Functions, beneficial functions, or functions and values. ' Functions, beneficial functions, or functions and values means the beneficial roles served by wetlands including, but not limited to, water quality protection and ' enhancement, fish and wildlife habitat, food chain support, flood storage, convey and attenuation, groundwater recharge and discharge, erosion control, wave ' attenuation, historical and archaeological and aesthetic value protection, and recreation. These beneficial roles are not listed in order of priority. 46 Critical Areas ' Sec. 11.06.320. Geologic hazard areas. 1 Geologic hazard areas means lands or areas characterized by geologic, hydrologic and topographic conditions that render them susceptible to varying degrees of potential risk ' of landslides erosion or seismic or volcanic activity, and areas characterized by geologic and hydrologic conditions that make them vulnerable to contamination of ' groundwater supplies through infiltration of contaminants to aquifers. ' See. 11.06.325. Grading. Grading means any excavating, filling, clearing, leveling, or contouring of the ground surface by human or mechanical means. Sec. 11.06.330. Growing season. Growing season means the average frost-free period of the year in Kent as recorded in National Oceanic and Atmospheric Administration Frost/Freeze Data from Climatology of the U.S. No. 20, supplement No. 1, or in equivalent U S. government agency records. Growing season, for the purposes of these regulations,may be considered to be the period from March 1 through October 31 of any calendar year. See. 11.06.335. Habitat management. Habitat management means management of land and its associated resources/features to maintain species in suitable habitats within their natural geographic distribution so that isolated subpopulations are not created. This does not imply maintaining all habitat or individuals of all species in all cases. Sec. 11.06.340. Hydric soil. Hydnc soil means soil that is saturated, flooded or ponded long enough during the growing season to develop anaerobic conditions in the upper part The presence of ' hydnc soil shall be determined following the methods descnbed in the federal manual 47 Critical Areas Sec. 11.06.345. Hydrologically isolated. Hydrologically isolated means wetlands which: 1) have no surface water connection to ' a lake, nver, or stream during any part of the year; 2) are outside of and not contiguous to any 100-yr floodplain of a lake, nver, or stream; and 3) have no contiguous hydric soil between the wetland and any lake, river, or stream. May also be a pond excavated from uplands with no surface water connection to a stream, lake, or other wetland. , Sec. 11.06.350. Hvdrophvtic vegetation. , Hvdrophvtic vegetation means macrophytic plant life growing in water or on a substrate that is at least penodically deficient in oxygen as a result of excessive water content. ' The presence of hydrgphy0c vegetation shall be determined following the methods described in the federal manual , Sec. 11.06.355. In-kind compensation or mitigation. , In-kind compensation or mitigation means replacement of wetlands or other critical ' i areas with substitute wetlands or resources whose characteristics closely approximate those destroyed or degraded by a regulated activity. ' Sec. 11.06.360. Intentionally created streams. ' Intentionally created streams means man-made streams created through pu orp seful human action, such as irrigation and drainage ditches, grass-lined swales, and canals. This definition does not include stream modifications performed pursuant to City authorization such as changes or redirection of stream channels and does not include streams created as mitigation Purposeful creation must be demonstrated through documentation, photographs, statements and/or other evidence. Intentionally created , streams are excluded from regulation under this chapter, except manmade streams that provide "critical habitat," as designated by federal or state agencies, for anadromous ' fish. 48 Critical Areas ' Sec. 11.06.365. Lahar. ' Lahar means mudflows or debris flows associated with volcanic activity, and which pose a threat to life property and structures. Sec. 11.06.370. Landslide. Landslide means episodic downslope movement of a mass of soil or rock. Sec. 11.06.375. Landslide hazard areas. Landslide hazard areas include: ' 1 Any existing active or dormant landslide or debris flow that has shown movement during the Holocene epoch (from ten thousand years ago to the present) or that are underlain or covered by mass wastage debris of that epoch. 2 Areas delineated in the "Soil Survey, King County Area, Washington" ' (USDA 1973) as having a "severe" limitation for building site development These soils consist of the following: Alderwood gravelly sandy loam, 15 to 30 percent slopes ' (AgD)• Alderwood and Kitsap soils very steep (AkF); Beausite gravelly sandy loam, 15 to 30 percent slopes BeD); Beausite gravelly sandy loam 40 to 75 percent slopes (BeF)• Everett gravelly sandy loam 15 to 30 percent slopes (EvD); Indianola loamy fine sand 15 to 30 percent slopes (InD), Kitsap silt loam, 8 to 15 percent slopes (KpC); Krtsapsilt loam 15 to 30 percent slopes (KpD); Ovall gravelly loam, 15 to 25 percent slopes (OVD); Ovall gravelly loam, 40 to 75 percent slopes (OvF); Ragnar fine sandy ' loam 15 to 25 percent slopes (RaD); and Ragnar-Indianola association, moderately steep (RdE). ' 3. Areas designated as quatemM slumps, earth flows, mudflows, or landslides on maps published by the US Geological Survey, Washington Department of ' Natural Resources, or ,geologic consultant reports completed for the city of Kent. 4. Areas with all three of the following characteristics: slopes steeper than i15 percent; slopes intersecting_granular material over silts or clays; and springs or ' ground water seepage or evidence of seasonal springs or ground water seepage. 5. Slopes that are parallel or subparallel to planes of weakness (such as bedding planes,joint systems, and fault planes) in subsurface materials 49 Critical Areas 6. Slopes subject to failure dunng seismic shaking. ' 7. Areas potentially unstable as a result of rapid stream incision or stream , bank erosion. 8. Areas located in a canyon or on an active alluvial fan, presently or ' potentially subject to inundation by debris flows or catastrophic flooding_ 9. Any area with a slope of 40 percent or steeper and with a vertical relief of ' 10 or more feet. A slope is delineated by establishing its toe and top and measured by averaging the inclination over 10 feet of vertical relief. ' Sec. 11.06.380. Mitigation. ' Mitigation includes: 1. Avoidingthe he impact altogether by not taking a certain action or parts of , actions. 2. Minimizing impacts by limiting the degree or magnitude of the action and , its implementation. 3. Rectifying the impact by repainng, rehabilitating, or restoring the affected environment. 4. Reducing or eliminating the impact over time by preservation and ' maintenance operations dunng the life of the action. ' 5. Compensating for the impact by replacing or providing substitute resources or environments. 6. The enhancement, restoration or creation of critical areas as compensation for impacts resulting from development activities. While monitoring without additional actions is not considered mitigation for the , purposes of these regulations it may be part of a comprehensive mitigation program Also see "Compensatory Mitigation." 50 Critical Areas ' Sec. 11.06.385. Native Vegetation. Native vegetation means plant species indigenous to the Puget Sound region that could ' occur or could have occurred naturally on the site, which are or were indigenous to the area in question. See. 11.06.390. Off-site mitigation. Off-site mitigation means performance of mitigation actions, pursuant to standards ' established in this chapter, on a site or in an area other than that proposed for conduct of a regulated activity. See. 11.06.395. Onsite mitigation/compensation. Onsite mitigation/compensation means replacing wetlands or other resources at or adjacent to the site on which a wetland or other resource has been impacted by a regulated activity. Sec. 11.06.400. Out-of-kind mitigation. Out-of-kind mitigation means replacement of wetlands or habitat with substitute wetlands or habitat whose characteristics do not closely approximate those adversely affected, destroyed or degraded by a regulated activity. Sec. 11.06.405. Permanent erosion control. ' Permanent erosion control means continuous on-site and off-site control measures that are needed to control conveyance or deposition of earth, turbidity or pollutants after development, construction, or restoration. ' Sec. 11.06.410. Plant association of infrequent occurrence. Plant association Of infrequent occurrence means one or more plant species which ' because of the rarity of the habitat and/or the species involved, or for other botanical or environmental reasons, do not often occur in the city of Kent Examples include but ' are not limited to: 51 Critical Areas 1. Wetlands with a coniferous forested class or subclass consisting of trees , such as western red cedar, Sitka spruce or lodge pole pine growing on organic soils; , 2. Bogs with a predominance of sphagnum moss, or those containing sphagnum moss, and typically including one or more species such as Labrador tea, , sundew,bog laurel or cranberry; Sec. 11.06.415. Pond (Deepwater Aquatic Habitat). Pond (Deepwater Aquatic Habitat) means areas of open surface water that are less than ' 20 acres in size that are either permanently inundated at mean annual water depths greater than 6.6 feet, or permanently inundated at less than 6.6 feet in depth that do not support rooted-emergent or woody plant species. (Source. Washington State Wetland Delineation Manual, DOE, 19971 Also see definition of"wetlands" for exclusions of ' certain types of ponds from regulation. Sec. 11.06.420. Practicable alternative. Practicable alternative means an altemative that is available and capable of being carried out after taking into consideration cost, existing technology , logistics in light of overall project purposes, and having less impacts to cntical areas. It may involve using an alternative site in the general region that is available to the applicant and may feasibly be used to accomplish the project. Sec. 11.06.425. Priority habitat/species, or priority wildlife habitat/species. Priority habitat/species or priorq wildlife habitat/species means habitats and species of local importance and concern in urban areas, as identified by the Washington Department of Fish and Wildlife Pnonty Habitat & Species (PHS) program. "Pnonty ' species" are wildlife species of concern due to their population status and their sensitivity to habitat alteration "Pnonty habitats" are areas with one or more of the , following attributes- comparatively high wildlife density; high wildlife species nchness; significant wildlife breeding habitat; significant wildlife seasonal ranges; ' significant movement comdors for wildlife; limited availability; and/or high vulnerability_ General types of prority habitat identified in the PHS program—some of 52 Critical Areas which do not occur in the city of Kent -- include Aspen stands cliffs meadows oak woodlands old-growth/mature forests riparian areas shrub-steppe, snag-rich areas and wetlands. Sec. 11.06.430. Qualified consultant. Qualified consultant means a person who has attained a degree from an accredited college or university in the subject matter necessary to evaluate the critical area in question (e g biology, ecology or horticulture/arboriculture for wetlands, streams and wildlife habitat and significant vegetation geology and/or civil engineer licensed in the State of Washington for geologic hazards and aquifer recharge areas), and/or who is professionally trained and/or certified or licensed by the State of Washington to practice in the scientific disciplines necessary to identify, evaluate manage and mitigate impacts to the critical area in question. For purposes of wetland studies and planning_a qualified consultant is one who has obtained certification by the Society of Wetland Scientists as a Professional Wetland Scientist or Wetland Professional in Training. For the purpose of Geologic Hazards, a qualified consultant shall be a professional geologist professional engineering geologist or licensed engineer with the state of Washington. Sec. 11.06.435. Regulated activity, Regulated activity means activities that have a potential to significantly impact a critical area that is subject to the provisions of this chapter. Regulated activities generally include but are not limited to any filling, dredging dumping or stockpiling, draining, excavating, flooding, clearing or grading, constructing or reconstructing, driving pilings, obstructing, shading, clearing or harvesting. Sec. 11.06.440. Repair or maintenance. Repair or maintenance means an activity that restores the character, scope, size, and design of a structure, or land use to its previously authorized and undamaged condition. Activities that change the character, size, or scope of a project beyond the original 53 Critical Areas design and drain, dredge, fill, flood, or otherwise alter additional critical areas are not included in this definition. Sec. 11.06.445. Restoration. Restoration means actions taken to reestablish wetland, stream or habitat functional values and charactenstics that have been destroyed or degraded by past alterations (e.g. filling or uading). See also, "Enhancement". Sec. 11.06.450. Secondary habitat. Secondary habitat means areas that offer less diversity of animal and plant species than priontyhabitat but that are important for performing the essential functions of habitat. Sec. 11.06.455. Seismic hazard areas. Seismic hazard areas means areas subject to a risk of earthquake damage due to soil liquefaction These areas generally contain saturated alluvial sediments and poorly compacted fill that either is or can become saturated. These areas are mapped as Category I and Category II liquefaction susceptibility areas on maps contained within: Palmer Walsh Logan Gerstel Liquefaction Susceptibility for the Auburn and Poverty Bay 7 5-Minute Quadrangles Washington Washington State Department of Natural Resources September 1995 Palmer Shasse and Norman Liquefaction Susceptibility , for the Des Moines and Renton 7.5 minute Quadrangles, Washington, Washington State Department of Natural Resources December, 1994; and Slopes that could fail during an earthquake In the city of Kent these areas generally consist of Vashon ice- contact deposits in areas of 15 percent slope or steeper. Vashon Ice-Contact deposits (Qvi) are mapped in: Luzier, Water Supply Bulletin No. 28, Geology and Ground- , Water Resources of Southwestern King County Washington, State of Washington Department of Water Resources, 1969. 54 Critical Areas Sec. 11.06.460. Scrub-shrub wetland. Scrub-shrub wetland means a wetland with at least thirty(30) percent of its surface area covered by woody vegetation less than twenty (20) feet in height as the uppermost strata. Sec. 11.06.465. Sensitive area tract. Sensitive area tract means a separate tract that is created to protect the sensitive area and its buffer. Sec. 11.06.470. Site. Site means the location containing a regulated critical area and on which a regulated activity is proposed. The location may be a parcel or portion thereof, or any combination of contiguous parcels where a proposed activity may impact a cntical area. Sec. 11.06.475. Slope. Slope means an inclined earth surface, the inclination of which is expressed as the ratio of honzontal distance to vertical distance. Sec. 11.06.480. Slope, top. Slope, top means the uppermost limit of an area where the ground surface drops ten feet or more vertically within a horizontal distance of 25 feet on slopes greater than 40 percent. See. 11.06.485. Streams. Streams means those areas where surface waters produce a defined channel or bed. A defined channel or bed is an area which demonstrates clear evidence of the passage of water and includes, but is not limited to, bedrock channels gravel beds sand and silt beds, and defined-channel swales. The channel or bed need not contain water year- round. This definition is not intended to include artificially created imgation ditches canals, storm or surface water devices or other entirely artificial watercourses unless they are used by salmomds or created for the purposes of stream mitigation. �i 55 Critical Areas Sec. 11.06.490. Stream reconnaissance report. Stream reconnaissance report means a type of critical area report prepared by an applicant's qualified consultant to describe a stream and to characterize its conditions, wildlife, habitat values and water quality. Sec. 11.06.495. Structural diversity,vegetative. Structural diversity, vegetation means the relative degree of diversity or complexity of vegetation in a wildlife habitat area as indicated by the stratification or layering of different plant communities (e.g. ground cover, shrub layer and tree canopy); the vanety of plant species and the spacing or pattern of vegetation. Sec. 11.06.500. Substantial improvement or reconstruction. Substantial improvement or reconstruction means any repair, reconstruction or improvement the cost of which is more than fifly percent of the market value of the structure either (a) before the improvement is started or (b) before the damage occurred if the structure damaged is being replaced An improvement occurs when the first alteration of any wall ceiling floor or other structural part of the building commences, whether or not the alteration affects the external dimensions of the structure. Substantial improvement does not include (a) an improvement to comply with existing ' state or local health sanitary or safety_(Unifonn Building Code/Umform Fire Code) specifications which are necessary to assure safe conditions, or (b) alteration of a structure listed on the national Register of Histonc Places or a state inventory of Hstonc places. Sec. 11.06.505. Substrate. Substrate means the soil sediment decomposing organic matter or combination of those located on the bottom surface of the wetland, lake, stream or nver. 56 Critical Areas Sec. 11.06.510. Temporary erosion control. Temporary erosion control means on-site and off-site control measures that are needed to control conveyance or deposition of earth, turbiditypollutants dunng development, construction, or restoration Sec. 11.06.515. Unavoidable and necessary impacts. Unavoidable and necessary impacts means impacts to wetlands that remain after an applicant has demonstrated that no practicable altemative exists for the proposed project. Sec. 11.06.520. Utility. Utility_ means natural gas, electric, telephone and telecommunications, cable communications, water, sewer, or storm drainage and their respective facilities, lines, pipes, mains, equipment and appurtenances. See. 11.06.525. Volcanic hazard area. Volcanic hazard area means areas subject to a risk of inundation by lahars or other related flooding events resulting from volcanic activity originating from Mount Rainer. These areas are mapped as Class M Lahars on maps contained within: Hoblitt R.P. Walder, J.S.. Driedger, C L , Scott, K M , Pnngle, P.T , and Vallance, J.W. Volcano Hazards from Mount Rainer Washington U S Geologic Survey Open File Report 98- 428, 1998 Sec. 11.06.530. Wetland. "Wetland" or "wetlands" means areas that are inundated or saturated by surface water or ground water at a frequency and duration sufficient to support and that under nonnal circumstances do support a prevalence of vegetation typically adapted for life in saturated soil conditions Wetlands generally include swamps marshes bogs and similar areas Wetlands do not include those artificial wetlands intentionally created from non-wetland sites including but not limited to imgation and drainage ditches grass-lined swales, canals detention facilities wastewater treatment facilities faun 57 Critical Areas ponds and landscape amenities. However, wetlands include those artificial wetlands intentionally created to mitigate conversion of wetlands. Wetlands determined prior converted cropland (PCC) by Federal agencies may still be considered wetlands by the city of Kent. If these wetlands meet requirements of the Washington State Department of Ecology Manual, the wetlands shall be regulated, and the critical area shall be protected like any other wetland pursuant to this code. See. 11.06.535. Wetland class. Wetland class means the U S. Fish and Wildlife Service wetland classification scheme uses an hierarchy of systems, subsystems, classes and subclasses to describe wetland types (refer to USFWS, December 1979, Classification of Wetlands and Deepwater Habitats of the United States for a complete explanation of the wetland classification scheme) Eleven class names are used to describe wetland and deepwater habitat types. These include: forested wetland, scrub-shrub wetland, emergent wetland, moss-lichen wetland unconsolidated shore, aquatic bed, unconsolidated bottom, rock bottom, rocky shore, streambed, and reef. Sec. 11.06.540. Wetland edge. Wetland edge means the boundary of a wetland as delineated based on the definitions in this chapter and the procedures specified in this chapter. Sec. 11.06.545. Wildlife habitat. Wildlife habitat means areas that provide food, protective cover, nesting, loafing, breeding or movement for fish and wildlife and with which individual species have a primary association. Wildlife habitat includes naturally occumng ponds under 20 acres in area. s 58 Critical Areas i Article III. General Mitigation and Monitoring Sec. 11.06.550. Mitigation standards. A Mitigation sequencing shall be avoidance minimization, mitigation. Any proposal to impact a critical area shall demonstrate that it is unavoidable or will provide a greater function and value to the critical area. B. Adverse impacts to critical area functions and values shall be mitigated. Mitigation actions shall be implemented in the preferred sequence identified in this chapter. Proposals wliich include less preferred and/or compensatory mitigation shall demonstrate that: 1 All feasible and reasonable measures have been taken to reduce impacts and losses to the cntical area or to avoid impacts where avoidance is required b these regulations provided that avoidance is not required where an applicant proposes to fill and replace a hydrologically isolated emergent Class 3 wetland less than 5,000 square feet in size pursuant to KCC 11.06.610(C). For the purposes of this section a hydrologically isolated wetland shall be determined by the US Army Corps of Engineers 2. The restored, created or enhanced cntical area or buffer will at a minimum be as viable and enduring as the cntical area or buffer area it rg 1p aces. 3. In the case of wetlands and streams, no overall net loss will occur in wetland or stream functions and values. The mitigation shall be functionally equivalent to the altered wetland or stream in terms of hydrological, biological, physical and chemical functions. Sec. 11.06.560. Location and timing of mitigation. A Mitigation shall be provided on-site where possible, unless the director agrees that a higher function and value can be accomplished off-site within the same drainage basin Mitigation may be allowed off-site only when it is determined, through the SEPA review process, that on-site mitigation is not scientifically feasible or practical 59 Critical Areas due to physical features of the property. The burden of proof shall be on the applicant to demonstrate that mitigation cannot be provided on-site. B. When mitigation cannot be provided on-site, mitigation shall be provided in the same drainage basin as the permitted activity on property owned, secured or controlled by the applicant where such mitigation is practical and beneficial to the cntical area and associated resources. Mitigation sites shall be located within _the city, unless otherwise approved by the director. C. In-kind mitigation shall be provided except when the applicant demonstrates, and the director concurs that greater function and value can be achieved through out- of-kind mitigation. D. When wetland stream or habitat mitigation is permitted by these regulations on- site or off-site the mitigation project shall occur near an adequate water supply (nver, stream groundwater) with a hydrologic connection to the critical area to ensure a successful mitigation or restoration. A natural hydrologic connection is preferential as compared to one which relies upon manmade features requinng routine maintenance. E Any agreed upon mitigation_plan shall be completed prior to issuance of a building or construction permit unless a phased or concurrent schedule that assures completion pnor to occupancy has been approved by the department See. 11.06.570. Mitigation Monitoriny-, A For any actions permitted by this chapter which require a mitigation plan, a monitoring program shall be prepared and implemented by the applicant to evaluate the success of the mitigation project and to determine necessary corrective actions. This program shall determine if the original goals and objectives of the mitigation plan are ►` being met The monitonngprogram shall be submitted to reviewed and approved by the department as a part of the mitigation plan. B. The monitoring program shall include a contingency _plan in the event that implementation of the mitigation plan fails to satisfy the approved goals and objectives. A performance and maintenance bond or other acceptable secunty device is required to ensure the applicant's compliance with the terms of the approved mitigation plan. The 60 Critical Areas amount of the performance and maintenance bond shall equal 125 percent of the cost of the mitigation project for the length of the monitoring penod. tC. The following elements shall be incorporated into monitoring_programs prepared to comply with this chapter and shall be a part of the approved mite ag tion plan. 1. Appropriate, accepted, and unbiased qualitative or precise and accurate quantitative sampling methods to evaluate the success or failure of the project. 2. Quantitative sampling methods that include permanent photopoints installed at the completion of construction and maintained throughout the monitoring period, permanent transects, samplin_points (e.g., quadrants or water quality or quantity monitoring stations), and wildlife momtonng stations. 3. Clearly stipulated qualitative and quantitative sampling methods. 4. Appropriate qualitative and/or quantitative performance standards that will be used to measure the success or failure of the mitigation. These will include, at a minimum, standards for plant survival and diversity_including structural diversity, the extent of wetland hydrology, hydric soils, and habitat types and requirements as appropriate. 5. Monitoring programs shall be for a period of at least five years and include at a minimum- preparation of an as-built plan; annual monitoring and preparation of annual monitoring reports following implementation; and a maintenance plan. More stringent monitoring requirements may be required on a case-by-case basis for more complex mitigation plans. 6. Monitoring reports shall be submitted to the department at intervals identified in the approved mitigation plan. A schedule for the submittal of momtonng reports and maintenance penods shall be descnbed in the approved mitigation plan ' The reports shall be prepared by a qualified consultant and must contain all qualitative and quantitative monitoring data, photographs and an evaluation of each of the applicable performance standards If performance standards are not being met appropriate corrective or contingency measures must be identified and implemented to ensure that performance standards will be met 61 Critical Areas 7. The director may extend the monitoring period beyond the minimum timeframe if performance standards are not being met at the end of the initial five-year period; and require additional financial securities or bonding to ensure that any additional monitoring and contingencies are completed to ensure the success of the Mitigation. Article IV. Wetlands Sec. 11.06.580. Wetlands Rating System. The following rating system is hereby adopted for the purpose of determining the size of wetland buffers and for the review of permits under this chapter. For the purposes of this section, the U S. Fish and Wildlife Service's Classification of Wetlands and Deepwater Habitats of the United States FWS/OBS-79-31 (Cowardm et al., 1979) contains the descnptions of wetland classes and subclasses. A. Category I wetlands. Wetlands which meet any of the following criteria: 1. The documented presence of species proposed or listed by the federal or state eovemment as endangered threatened, or other species identified by the State Department of Natural Resources through its natural heritage data or by the State Department of Wildlife as a priority pecies or the presence of critical or outstanding actual habitat for those species. 2 Wetlands equal to or greater than two (2) acres in size having forty (40) percent to sixty (60) percent permanent open water in dispersed patches with two (2) or more classes of vegetation. 3. Wetlands equal to or greater than ten (10) acres in size and having three (3) or more wetland classes one of which is open water. 4. The presence of bogs or fens. B. Category 2 wetlands Wetlands which meet any of the following cnteria, and which are not category 1 wetlands: 1. Wetlands greater than one (1) acre in size. i 2. Wetlands equal to or less than one (1) acre in size and having three(3) or more wetland classes. 62 Critical Areas 3. Wetlands equal to or less than one (1) acre, but greater than 1000 sq. ft., that have a forested wetland class. 4. Wetlands that contain the documented presence of heron rookeries or raptor nesting sites. C. Category 3 wetlands. Wetlands which meet the following criteria, and which are not category 1 or 2 wetlands. 1. Wetlands that are equal to or less than one (1) acre in size and that have two (2) or fewer wetland classes. See. 11.06.590. Determination of wetland boundary by delineation. A. Delineations shall be required when a development is proposed on property containing wetlands identified on the city of Kent wetland inventory or when any other credible evidence may suggest that wetlands could be present Delineations shall also be performed when the evidence suggests that buffers from wetlands on adial cent properties may impact the proposed development. B. _ The exact location of the wetland boundary shall be determined through the performance of a field investigation applying the wetland definition of this chapter. An applicant may request the department to perform the delineation, provided the applicant pays the department for all necessary expenses associated with performing the delineation The department shall consult with qualified professional scientists and technical experts or other experts as needed to perform the delineation Where the applicant has provided a delineation of the wetland boundary, the department shall verify the accuracy of, and may render adjustments to, the boundary delineation. The decision of the department may only be appealed pursuant to procedures outlined in this chapter. C. The delineation shall contain the following information: 1. A written assessment and accompan)gng maps of wetlands and buffers within 100-feet of the project area, including the following information at a minimum all known wetland inventory maps (including a copy of the city of Kent Wetland Inventory Map); wetland delineations and required buffers,• existing wetland acreage,• 63 Critical Areas wetland category, vegetative faunal and hydrologic characteristics; soil and substrate conditions, and topographic data. 2. A discussion of measures, including avoidance, minimization, and mitigation proposed to preserve existing wetlands and restore any wetlands that were degraded prior to the current proposed land use activity. 3 A habitat and native vegetation conservation strategy that addresses methods to protect and enhance on-site habitat and wetland functions. D. A wetland delineation which has been confirmed by the department pursuant to SEPA review for a proposed project shall be binding upon the city and the applicant If a wetland delineation report has not gone through SEPA review as a part of the gpplication process and the city has approved a wetland delineation report for another pumose the wetland delineation report shall be valid for a period of two (2) years from the date of the approved report. Sec. 11.06.600. Wetland buffers and building setback lines. A. Standard buffer widths Wetland buffer zones shall be required for all regulated activities ad)acent to wetlands Any wetland created restored, or enhanced_ as compensation for approved wetland alterations shall also include the standard buffer required for the category of the created restored or enhanced wetland. All buffers shall be measured from the wetland boundary as surveyed in the field. The width of the wetland buffer zone shall be determined according to the rating assigned to the wetland. Wetland Category Standard Buffer 1 100 feet 2 50 feet 3 25 feet B. Increased buffer widths. 1 The director may require increased buffer widths on a case-by-case basis when a larger buffer is necessary to protect species listed by the federal government or the state as endangered threatened sensitive or documented pnonty species or habitats. Such increased buffers shall be based on recommendations by a qualified professional 64 Critical Areas biologist and if applicable best management practices for protection of the species adopted by an agency with jurisdiction. 2 Applicants for development pen-nits may volunteer to provide increased buffers pursuant to the following procedures: a. If an applicant provides a buffer which is permanently protected pursuant to the requirements of this chapter and is at least 25 feet wider than the buffers required pursuant to KCC 1106 600(A), the applicant may apply for a ten (10) percent increase in the number of residential units permitted per acre pursuant to the requirements of KCC 15.08 400, Planned Unit Development. b. If an applicant provides a buffer which is permanently protected pursuant to the requirements of this chapter and is at least 50 feet wider than the buffers required pursuant to KCC 11.06 600(A), the applicant may pply for a twenty (20) percent increase in the number of residential units permitted per acre pursuant to the requirements of KCC 15 08 400, Planned Unit Development. C. Buffer averaging 1. Wetland buffer width averaging shall be allowed where the a plp icant demonstrates the following: a. The ecological functions and values of the buffer after averaging is equivalent to or greater than the functions and values before averaging as determined by a qualified consultant and as approved by the city. Properly functioning buffers shall not be reduced through buffer averaging except in exceptional circumstances, such as a need to gain access to property or other similar circumstances, to be ap rp oved by the director b. Averaging will not adversely impact the wetland functions and tvalues. c. The total area contained witbin the wetland buffer after averaging shall be no less than the total area contained within the standard buffer pnor to averaging. d. At no point shall the buffer width be reduced by more than fifty (50) percent of the standard buffer or be less than twenty-five(25) feet.1 65 Critical Areas e. The additional buffer shall be contiguous with the standard buffer and located in a manner to provide buffer functions to the wetland. f. If the buffers are degraded pursuant to KCC 11.06.227, they shall be restored pursuant to an approved restoration/enhancement plan. R. If restoration or enhancement of the buffer is required in order to establish a suitable growth of native plants maintenance and monitonng of the buffer for aperiod of at least three years shall be provided pursuant to an approved monitonng plan as required by KCC 11.06.570. D. Buffer restoration required. If the buffers including both standard buffers and buffers which are averaged are degraded they shall be restored dunng development pursuant to an approved restoration plan If the plan includes establishing a suitable growth of native plants maintenance and monitoring of the buffer for a penod of at least three years shall be provided pursuant to an approved monitonng plan as required by KCC I 1 06 570 Where it can be demonstrated that there will be no impacts from the proposed development to the wetland or wetland buffer, the director shall have the authonty to waive or modify this requirement. E. Required report for buffer averaging and/or reduction. A request to buffer average pursuant to KCC 1106 600(C) shall be supported by a buffer enhancement/restoration plan prepared by a qualified professional The plan shall assess the habitat water quality, storm water detention ground water recharge, shoreline protection and erosion protection functions of the buffer; assess the effects of the proposed decreased or modified buffer on those functions; and address the Uplicable criteria listed in tlus section A buffer restoration and/or enhancement plan shall also provide the following- (a) a map locating the specific area of restoration and/or enhancement; (b) a planting plan that uses native plant species indigenous to this region including�groundcover shrubs and trees; and (c) provisions for monitonng and maintenance throughout the monitonng penod. 66 Critical Areas F. Buffer condition Except as otherwise allowed by this section, wetland buffers shall be retained in their natural condition Where buffer disturbance has occurred during construction re-vegetation with native vegetation shall be required pursuant to an approved restoration/enhancement plan consistent with this code. G. Buller utilization for landscape requirements. Enhanced wetland buffers may be used to satisfy landscaping requirements in Ch. 15 07 KCC where all of the following criteria are satisfied: 1. The buffer, as enhanced by applicant, will provide equivalent or greater protection of wetland functions. 2. The enhanced buffer will meet the landscaping requirements as outlined in Ch. 15.07 KCC. The proposed landscape vegetation satisfies wetland buffer vegetation requirements. 3 The enhanced buffer is of the full landscape width required by Ch. 15.07 KCC. H. Permitted uses in a wetland buffer. Activities shall not be allowed in a buffer except for the following and then only when properly mitigated: 1. When the improvements are part of an approved enhancement, restoration or mitigation plan. 2. For construction of new public or private roads and utilities, and accessory structures, when no practicable altemative location exists. 3. Construction of foot trails, according to the following critena: a. Constructed of permeable materials. b. Designed to minimize impact on the stream system. c. Of a maximum width of eight(8) feet. d. Where feasible, located within the outer half of the buffer, Le , the portion of the buffer that is farther away from the stream, except to cross a stream when approved by the City and all other applicable agencies and except as appropriate to provide outlook points or similar locations for educational scientific and other purposes which will not adversely affect the overall functions and values of the wetland. 67 Critical Areas 4. Construction of footbridges and boardwalks. 5. Construction of educational facilities, such as viewing_platforms and informational signs. 6. The construction of outdoor recreation such as fishing piers, boat launches, benches 7. Maintenance of facilities or temporary uses having minimal adverse impacts on buffers and no adverse impacts on wetlands. These may include but are not limited to: maintenance of existing drainage facilities, low intensity passive recreational activities such as pervious trails, nonpermanent wildlife watching blinds, short term scientific or educational activities, and sports fishing. 8 Stormwater discharge outlets with energy dissipation structures as approved by the city of Kent. Unless otherwise approved by the director, these shall be located as close to the outer perimeter of the buffer as allowed by proper design and function of the discharge system. To the extent that construction of such outlets impacts vegetation in the buffer restoration of the vegetation shall be required. 9 On-going maintenance activities by the city of Kent vegetation management division of public works and parks department shall be pennitted to continue general maintenance of wetlands and associated buffers. Maintenance shall include but not be limited to trash removal removal of non-native vegetation, maintenance of existing vegetation as necessary, restoration, enhancement and sign and fence maintenance. I Buddinjz setback lines A minimum building_setback line of fifteen (15) feet shall be required from the edge of a wetland buffer provided the director may reduce the building setback limit by up to 5 feet if construction operation, and maintenance of ' the building do not and will not create a nsk of negative impacts on the adjacent buffer area 1 Alterations of the building setback lines shall not be permitted to create additional lots for subdivisions Approval of alterations of the BSBL shall be provided in wnting by the director, or his/her designee and may require mitigation such as buffer enhancement. 68 Critical Areas Sec 11 06 610 Avoiding wetland impacts. Regulated activities shall not be ( authorized in Category 1 wetlands except where it can be demonstrated that the impact I is both unavoidable and necessary as described below, or that all reasonable economic uses are denied A Where water-dependent activities are proposed unavoidable and necessary impacts may be permitted where no reasonable alternatives exist which would not involve wetland impacts; or which would not have less of an adverse impact on a wetland; and that would not have other significant adverse environmental consequences. B. Where non-water-dependent activities are proposed, the applicant must demonstrate that: 1. The basic project purpose cannot reasonably be accomplished using an alternative site in the general region that is available to the applicant. 2. A reduction in the size, scope, configuration, or density of the project as proposed; and all alternative designs of the project as proposed that would avoid, or result in less adverse impacts on a wetland or its buffer will not accomplish the basic purpose of the project. 3. In cases where the applicant has rejected alternatives to the project as proposed due to constraints such as zoning, deficiencies of infrastructure, or parcel size, the applicant has made reasonable attempt to remove or accommodate such constraints C. Fillingof f a hydrolo ig cally isolated emergent Class 3 wetland less than 5,000 square feet in size shall be permitted, provided a replacement wetland area is created pursuant to KCC 11 06.660(D)(2)(a). For the purposes of this section, a h d� ig calls isolated wetland shall be determined by the US Army Corps of Engineers. Sec. 11.06.620. Limits of impacts to wetlands. A. For wetlands where buffers are not connected to ripanan corridors, (Category 3 wetlands, and Category 2 wetlands which are not Category 3 wetlands only because they exceed one (1) acre in size) the following gpplies: regulated activities which result in the filling of no more than ten thousand (10,000)square feet of a wetland may be permitted if mitigation is provided consistent with the standards. 69 Critical Areas B. In computing the total allowable wetland fill area under this subsection, the director shall include any areas that have been filled since January 1 1991. For example, if five thousand (5,000) square feet of a wetland were filled in February, 1991, future applicants would only be allowed a maximum of five thousand (5,000) additional square feet under this subsection. Any proposed fill over ten thousand .(10,000) square feet must demonstrate unavoidable and necessary impacts. Sec. 11.06.630. Fencing and signage. All development and subdivisions to which this chapter applies shall construct a wildlife passable fence along the entire buffer edge, unless othenvise approved by the director. Wetland Sensitive Area Signs must also be attached to the fence or located just inside the wildlife passable fence attached to a 4 x 4 cedar post (or other non-pressure treated materials approved by the city). Signs must be located at a rate of one sign per residential lot and one sign per 100 feet for all public rights of way, trails, parking areas,playgrounds and all other uses located adjacent to wetlands and associated buffers. Sec. 11.06.640. Sensitive area tracts/easements. A. Condition of approval. As a condition of approval pursuant to this chapter, the director shall require creation of a separate sensitive area tract containing the areas determined to be wetland and/or wetland buffer. Sensitive area tractsleasements are separate tracts containing wetlands and wetland buffers with perpetual deed restnctions requiring that the tract remain undeveloped. Sensitive area tracts are an integral part of the lot in which they are created, are not intended for sale, lease or transfer, and may be included in the area of the parent lot for purposes of subdivision method and minimum lot size. B. Protection of sensitive area tracts The director shall require that a sensitive area be protected by one (1) of the following methods: 1. The applicant shall dedicate to the city or other public or nonprofit entity specified by the director, an easement or tract for the protection of native vegetation within a wetland and/or its buffer; or 70 Critical Areas I 2. The applicant shall record against the property, a permanent and irrevocable deed restriction on all lots containing a sensitive area tract or tracts created as a condition of approval. Such deed restriction(s) shall be approved by the director and the city attorney and prohibit in perpetuity the development, alteration, or disturbance of vegetation within the sensitive area tract except for purposes of habitat enhancement as part of an enhancement project which has received prior written approval from the city and any other agency ith jurisdiction over such activity. Sec. 11.06.650. Notice on title. The owner of any property with field verified presence of wetlands or wetland buffers for which a permit application is submitted shall, as a condition of permit issuance, record a notice of the existence of such wetland or wetland buffer against the property with the King County Recorder's Office. The notice shall be approved by the director and the city attorney for compliance with this provision. The titleholder will have the right to challenge this notice and to have it released if the wetland designation no longer applies, however the applicant shall be responsible for completing a wetland delineation report, which will be subject to approval by the director. Any unapproved alterations of a wetland will result in a code violation and will be enforced to the fullest extent of Kent City Code. Sec. 11.06.660. Compensating for wetland impacts. A. Condition of approval As a condition of any approval allowing alteration of wetlands and/or wetland buffers, or as an enforcement action the director shall require that the applicant engage in the restoration, creation or enhancement of wetlands and their buffers in order to offset the impacts resulting from the applicant's or violator's actions. The applicant shall develop a plan that provides for construction maintenance and monitonng of replacement wetlands and/or buffers and as appropriate land acquisition that re-create as nearly as practicable or improves the original wetlands in terms of acreage, function, geographic location and setting, B Goal. The overall goal of any compensatory mitigation project shall be no net loss of overall wetland acreage or function and to replace any wetland area lost with ,wetland(s) and buffers of equivalent functions and values Compensation shall be 71 Critical Areas completed prior to wetland destruction, where practicable. Compensatory mitigation programs shall incorporate the standards and requirements contained in sections 11.06.550 and 11.06.560, above. C. Restoration and creation of wetlands and wetland buffers. Any person who alters wetlands shall restore or create wetlands of equivalent functions and values to those altered in order to compensate for wetland losses. Any created or restored wetlands shall be protected by the provisions of this chapter. D. Acreage replacement and enhancement ratio Wetland_ alterations_shall be replaced or enhanced using the formulas below, however the director may choose to double mitigation ratios in instances where wetlands are filled or impacted as a result of code violations. The first number specifies the acreage of wetlands requinn.g replacement and the second specifies the acreage of wetlands altered. These ratios do not apply to remedial actions resulting from illegal alterations. 1 Compensation for alteration of Category 1 wetlands shall be accomplished as follows: a. By creation of new wetlands at a ratio of six (6)to one (1), b By creation of new wetlands at a ratio of one (1) to one (1) and by enhancement of existing wetlands at a ratio of ten f 10) to one (1), or c By a combination of creation of new wetlands and enhancement of existing wetlands within the range of the ratios set out in subsections (a) and (b) above, so long as a minimum one (1) to one (1) creation ratio is met (for example, creation of new wetlands at a one and one-half (1 5) to one (1) ratio along with enhancement of existing wetlands at a ratio of five (5) to one (1) may be acceptable). 2 Compensation for alteration of Category 2 wetlands shall be accomplished as follows. a By creation of new wetlands at a ratio of three (3)to one (1); b By creation of new wetlands at a ratio of one (1) to one (1) and by enhancement of existing wetlands at a ratio of four 4 to one (1),.or c. By a combination of creation of new wetlands and enhancement of r existing wetlands within the range of ratios set out in subsections (a) and (b) above, so long as a minimum one (1) to one(1) creation ratio is met. 72 Critical Areas i 3. Compensation for alteration of Category 3 wetlands shall be accomplished as follows: a. By creation of new wetlands at a ratio of one and one-half(1.5) to i one 1 b. By creation of new wetlands at a ratio of one (1) to one (1) and by enhancement of existing wetlands at a ratio of one (1)to one (1); or c. By a combination of creation of new wetlands and enhancement of existing wetlands within the range of ratios set out in subsections (a) and (b) above, so long as a minimum one (1) to one (1) creation ratio is meta E. Decreased replacement ratio. The director may decrease the required replacement ratio where the applicant provides the mitigation prior to altering the wetland, and a minimum acreage replacement ratio of one (1) to one (1) is provided. In such a case, the mitigation must be in place, monitored for three (3) growing seasons and be deemed a success pnor to allowing any alterations. F. Wetland/Habitat Bank Mitigation may be allowed within a Wetland/Habitat Mitigation Bank located within the city of Kent once a bank is formed. Proposed developments must continue to demonstrate avoidance, minimization, and mitigation pnor to being allowed to mitigate using a wetland bank site. A review of the feasibility of on-site mitigation will be required to be prior to allowing mitigation credits from a mitigation bank. G. Wetland type In-kind compensation shall be provided except that out-of-kind compensation may be accepted where• 1. The wetland system to be replaced is already significantly degraded and out-of-kind-replacement will result in a wetland with greater functional value. 2. Technical problems such as exotic vegetation and changes in watershed hydrology make implementation of in-kind compensation impracticable 3. Out-of-kind replacement will best meet identified regional goals (e.g., replacement of histoncally diminished wetland types). H. Location On-site compensation shall be provided except where the applicant can demonstrate that. 73 Critical Areas 1. The hydrology and ecosystem of the original wetland and those who benefit from the hydrology and ecosystem will not be substantially damaged by the onsite loss. On-site compensation is not feasible due to problems with hydrology, soils, or other factors. 2 Compensation is not practical due to potentially adverse impacts from surrounding land uses. 3. Existing functional values at the site of the proposed restoration are j Significantly greater than lost wetland functional values ' 4 Adopted goals for flood storage, flood conveyance, habitat or other wetland functions have been established and strongly justify location of compensatory measures at another site. I. Off-site compensation. Off-site compensation shall occur within the same drainage basin as the wetland loss occurred unless the applicant can demonstrate extraordinary hardship. J Off-site compensation site selection In selecting compensation sites for creation or enhancement applicants shall pursue siting in the following order of preference- 1 Upland sites which were formerly wetlands and/or significantly degraded wetlands Such wetlands are typically small; have only one (1) wetland class, and have one (1) dominant plant species or a predominance of exotic species. 2 Idle upland sites generally having bare ground or vegetative cover consisting primarily of exotic introduced species weeds or emergent vegetation. 3. Other disturbed upland. K. Taming Where feasible compensatory projects shall be completed prior to activities that will disturb wetlands or immediately after activities that will temporarily disturb wetlands or pnor to use or occupancy of the activity or development which was conditioned upon such compensation Construction of compensation projects shall be timed to reduce impacts to existing wildlife and flora. L. Completion of matozataon construction. On completion of construction, any approved mitigation project must be signed off b t�pplicant's qualified consultant and approved by the department. A signed letter from the consultant will indicate that 74 Critical Areas t i the construction has been completed as approved, and approval of the installed mitigation plan will begin the motoring penod if appropriate. Article V. Fish & Wildlife Habitat Conservation Areas Sec. 11.06.670. Stream classifications and rating. A. To promote consistent application of the standards and requirements of this Tchapter, streams within the city of Kent shall be rated or classified according to their characteristics, function and value, and/or their sensitivity to disturbance. B. Classification of streams shall be determined by the department based on consideration of the following factors: 1. Approved technical reports submitted by qualified consultants in connection with applications for activities subject to these regulations 2. Application of the cnteria contained in these regulations, and 3. Maps adopted pursuant to this chapter; C. Streams shall be designated Types 1 through 3 as follows: 1. Type 1 Water — means all shorelines identified in the Kent Shoreline Master Program. 2. Type 2 Water —means salmonid bearing segments of natural waters not classified as Type 1 Water, with documented salmomd use. This category also refers to lakes, ponds, or impoundments having a surface area of 1 acre of greater at seasonal low water. Salmomd Bearing waters are used by fish for spawning, rearing or migration. tion. 3. Type 3 Water — means non-salmonid segments of natural waters not classified as Type 1 or 2 Waters These are stream segments within the bankfull width of defined channels that are perennial and mtennittent non-salmonid habitat streams These waters begin at a point along the channel where documented salmomd fish use ends. 75 Critical Areas Sec. 11.06.680. Stream buffer areas, setbacks, fencing and signage. A. General provisions. 1. The establishment of buffers shall be required for all development proposals and activities in or adjacent to streams. The purpose of the buffer shall be to protect the integrity, function, value and resources of the stream. Buffers shall typically consist of an undisturbed area of native vegetation established to achieve the purpose of the buffer. No buildings, structures, impervious surfaces or non-native landscaping shall be allowed in a buffer unless otherwise permitted by this chapter. If the site has previously been disturbed, the buffer area shall be re-vegetated pursuant to an approved enhancement plan. Where flexible buffer widths are permitted by this chapter, such enhancement shall be considered in determining appropriate buffer widths. Buffers shall be protected during construction by placement of a temporary barricade,notice of the presence of the cntical area, and implementation of appropriate erosion and sedimentation controls. Restrictive covenants or conservation easements will be required to provide long-tenn preservation and protection of buffer areas. 2. Required buffer widths shall reflect the functions and values of the stream the risks associated with development, and the type and intensity of human activity proposed to be conducted on or near the stream in those circumstances where such activity is penmitted by these regulations. 3. All stream buffers shall have a minimum building setback line, as defined by this chapter, of 15-feet from the edge of all stream buffers. 4. All stream buffers shall have a wildlife passable fence installed at the edge of the buffer. Fencing: shall consist of split rail cedar fencing (or other non- pressure treated materials approved by the city). The fencing shall also include sensitive area signage at a rate of one (1) sign per lot or one (1) sign per 100 feet for large parcels and along public right of way whichever is greater. 76 Critical Areas B. Standard buffer widths. The following standard buffers are established for streams, as measured from the ordinary high water mark. Stream Standard Buffer Type Type 1 Per Kent SMP Type 2 100 feet Type 3 40 feet iC. Valley stream buffers. A special stream buffer and mitigation/enhancement program shall apply to the industrialized areas adjacent to portions of Mill Creek Garrison Creek and Springbrook Creek on the valley floor. These areas are substantially developed for industnal uses and existing, historical setbacks are typically less than 50 feet. Existing buffers are degraded. These areas are generally identified by the Valley Stream Overlay Map. The Valley Stream Overlay area is general] described as that area beginning_at the Kent city limits where the Green River and South 180`}' Street intersect, following 180`h Street easterly to the eastern right-of-way line to SR 167, then moving south along the SR 167 eastern right-of-way line to the intersection of 98`h Avenue South, then along the Green River Valley floor to West Smith Street, then east along West Smith Street to East Titus Street, then along East Titus Street to Central Avenue, then following the Green River Vallev floor to the Green River, then following the eastern edge of Green River to the point of beginning. 1 Stream buffers shall be 50 feet. 2 The goal of the special program applicable to these streams shall be to enhance existing vegetation and habitat to accomplish sediment removal and erosion control, pollutant removal, placement of large woody debns, and particularly to control water temperature. These objectives can be accomplished with the required buffers. 3. A buffer management and enhancement plan shall be required, consistent with the mitigation performance standards in this section. 4. Buffer reductions or averaging shall not be permitted except as permitted through the reasonable use provisions of section 11 06 090, or the variance provision of section 11.06.100 of these regulations. 77 Critical Areas D. Increased buffers. A buffer width greater than the standard may be required by the city based on the findings of site-specific studies prepared consistent with these regulations, or to comply with state or federal plans to preserve endangered or threatened species. E. Buffer averaging. The department may permit buffer widths to be averaged for Type 2 streams only, in accordance with the stream report, subject to the following criteria: 1. Stream functions will not be reduced. 2. Salmonid habitat will not be adversely affected. 3. Additional enhancement of habitat is provided in conjunction with the reduced buffer. 4. The total area contained in the buffer area after averaging is not less that what would be contained in the standard buffer. 5. The buffer width is not reduced by more than 50 percent in any location. 6. All reduced buffers shall be mitigated through buffer enhancement pursuant to the requirements of section 11.06.550. F. Activities within buffer No structures or improvements shall be permitted within the stream buffer area, including buildings, decks, docks, except as otherwise permitted by this section, by the city s adopted Shoreline Master Program, or under one of the following circumstances. 1. When the improvements are part of an approved enhancement, restoration or mitigation plan, or 2. Construction of new public roads and utilities, and accessory structures, when no feasible alternative location exists; or 3. Construction of foot trails, according to the following criteria: a. Constructed of permeable materials. b. DesjQned to minimize impact on the streamsystem c. Of a maximum width of eight (8) feet. d. Located within the outer half of the buffer, i.e., the portion of the buffer that is farther away from the stream, except to cross a stream when approved by the city and all other applicable agencies. 78 Critical Areas t 4. Construction of footbridges and boardwalks. 5 Construction of educational facilities such as viewing platforms and informational signs. 6 Stonnwater discharge points and energy dissipation structures, provided mitigation and enhancement is completed and approved by the city. G. Protection of streams/buffers Longterm protection of a regulated stream and its associated buffer shall be provided by placing it in a separate tract on which development is prohibited; executing an easement dedication to a conservation organization or land trust or similarly preserved through a permanent protective mechanism acceptable to the city The location and limitations associated with the stream and its buffer shall be shown on the face of the deed or plat applicable to the property and shall be recorded with the King County Recorder's Office. H. Buffer width variances Required buffers shall not deny all reasonable use of property. A variance from buffer width requirements may be granted by the city subject to the variance criteria set forth in section 11.06.100 of these regulations. Variances to buffers shall require a buffer eirliancement plan pursuant to section 11 06 550 including bonding pursuant to section 11.06.560. Pnor to obtannng a variance the applicant must demonstrate that all other reasonable alternatives including avoidance minimization and buffer-averaging have been explored and would prohibit all reasonable economic use of the property., I Buffer enhancements. The applicant may propose to implement one or more enhancement measures, listed m order of preference below, which will be considered in ( establishing buffer requirements: 1. Removal of fish barners to restore accessibility to anadromous fish. 2. Enhancement of fish habitat using log structures incorporated as part of a fish habitat enhancement plan. 3. Creating or enhancing the surface channel if approved by the Washington_ Department of Fish and Wildlife. I4. Planting native vegetation within the buffer area, especially ve etg ation that would increase value for fish and wildlife, increase stream bank or slope stability, improve water quality, or provide aesthetic/recreational value 79 Critical Areas 5. Landscaping outside the buffer area with native vegetation or a reduction in the amount of clearing outside the buffer area. 6. Enhancement of wildlife habitat by adding structures that are likely to be used by wildlife, including wood duck houses, bat boxes, nesting_platforms, snags, rootwads/stumps, birdhouses, and heron nesting areas. 7. Additional mitigating measuresmay include but are not limited to the following: a. Creating a surface channel where a stream was previously culverted or Aped. b. Removing or modifying existing stream culverts (such as at road crossings) to improve fish passage and flow capabilities which are not detrimental to fish. c. Upgrading retention/detention facilities or other drainage facilities beyond required levels. d. similar measures determined to be appropriate by the department. Sec. 11.06.690. Alteration or development— standards and criteria. Alteration of streams and/or their established buffers may be permitted by department subject to the criteria of this section Standards for mitigation of impacts to critical areas are identified in section 11.06.550 of these regulations. A. Alteration shall not degrade the functions and values of the stream. B Activities located in water bodies and associated buffers, used by anadromous fish shall give special consideration to the preservation and enhancement of fish habitat, including but not limited to the following. 1. The activity is timed to occur only within the allowable work window for the particular species. 2. The activity is designed so as not to degrade the functions and values of the habitat and any impacts are mitigated. 3. An alternate location or design is not feasible. 80 Critical Areas i C. Relocation of a Type, 2 or 3 stream solely to facilitate general site design shall not be permitted. Relocation of a stream may be permitted only when it is part of an approved mitigation or enhancement/restoration plan, and will result in equal or better habitat and water quality, and will not diminish the flow capacity of the stream. D. Bridges shall be used to cross Type 1 streams; bonng/micro-tunneling may be considered for utility crossings if it would result in the same or lower impacts as bridging. E. All new culverts shall be designed following guidance provided in the Washington Department of Fish and Wildlife's document "Design of Road Culverts for Fish Passage, 2003" (or most recent version thereof). The applicant shall obtain a HPA from the Department of Fish and Wildlife. Culverts are allowed only in Type 2, and 3. F. The applicant or successors shall, at all times, keep any culvert free of debns and sediment to allow free passage of water and, if applicable, fish. G. The city may require that a culvert be removed from a stream as a condition of Uproval, unless the culvert is not detrimental to fish habitat or water quality, or removal would be a long tern detriment to fish or wildlife habitat or water quality. Sec. 11.06.700. Mitigation performance standards. The performance standards in this section, and the standards in sections 11.06.550 and 11.06.560 shall be incorporated into mitigation plans submitted to the city for impacts to streams. Mitigation plans are subject to approval b the he city of Kent. A. Use plants native to the Puget Lowlands or Pacific Northwest ecore ion; nonnative, introduced plants or plants listed by the Washington State Department of Agriculture as noxious weeds (WAC 16-750) shall not be used. B Use plants adapted to and appropnate for the proposed habitats and consider the ecological conditions known or expected to be present on the site. C. Avoid planting significant areas of the site with species that have questionable jpotential for successful establishment, such as species with a narrow range of habitat tolerances. 81 Critical Areas D. Specify plants that are commercially available from native-plant nurseries or available from local sources; if collecting some or all native plants from donor sites, collect in accordance with ecologically accepted methods, such as those described in the Washington Native Plant Society's Policy on Collection and Sale of Native Plants, that do not jeopardize the survival or integrity of donor plant populations. E. Use perennial plants in preference to annual species; annuals shall be planted following the second or third year after initial installation of plantings to determine the success of initial plantings and maintenance practices Annual plants shall only be used if mitigation monitoring determines that native plants are not naturally colonizing the site or if species diversity is unacceptably low compared to approved performance standards. F. Use plant species high in food and cover value for native fish and wildlife species that are known or likely to use the mitigation site (according to reference wetlands published information, and professional judgment). G. Install a temporary irrigation system and specify an irrigation schedule unless a sufficient naturally-occurring source of water is demonstrated. H. Confine temporary stockpiling of soils to upland areas Unless otherwise approved by the department comply with all applicable best management practices for clearing grading and erosion control to protect any nearby surface waters from sediment and turbidity. I Show densities and placement of plants. These should be based on the ecological tolerances of species proposed for planting. J. Provide sufficient specifications and instructions to ensure proper placement diversity and spacing of seeds tubers bulbs rhizomes spnngs, plugs, and transplanted stock and other habitat features to provide a high probability of success and to reduce the likelihood of prolonged losses of wetland functions from proposed development. Prepare contingency plans as descnbed in section 11.06.550 for all mitigation proposals. K. Do not rely on fertilizers and herbicides to promote establishment of plantings. If fertilizers are used they must be approved in wnting by the department and other applicable agencies and shall be applied per manufacturer specifications to planting 82 Critical Areas i holes in organic or time-release forms such as Osmocote® or comparable fonmulatzons and never broadcast on the ground surface,• if herbicides are used to control invasive Tecies or noxious weeds and to help achieve performance standards, only those approved for use in aquatic ecosystems by the Washington Department of Ecology shall be used Herbicides shall only be used in conformance with all applicable laws and regulations and be applied per manufacturer specifications by an applicator licensed in the state of Washington. Sec. 11.06.710. Wildlife habitat classification and rating. Wildlife habitat areas subject to these regulations include habitat classified as "critical"habitat and "ponds"according to the criteria in this section. A "Critical Habitat" are those habitat areas which meet any of the following critena: 1. The documented presence of species or habitat listed by federal or state agencies as endangered„ "threatened", candidate„ "sensitive"sensitive "priority". prionty', . 2. The presence of unusual nesting or resting sites such as heron rookenes or raptor nesting trees This provision shall be limited to raptors which are included jwithin the listed categories of wildlife noted in paragraph (a), above, and shall apply to active nests To demonstrate that a nesting, site is inactive and not subject to these regulations an applicant must monitor the nesting site during construction and submit a resort documenting that it is not currently beingused sed by the relevant species. B. "Ponds" (degpwater aquatic habitat), as defined in this chapter, which are important to and support a wide variety of species of fish, wildlife or vegetation. Sec. 11.06.720. Wildlife habitat buffer areas and setbacks. A. Buffer widths for critical habitat areas shall be detennmed by the department, based on an critical area report prepared by the applicant pursuant to this chapter and consideration of the following_factors. 1. Research and evaluation of best available science sources relevant to species and habitat present within the city, as documented in Czb� of Kent Best 83 Critical Areas i Available Science Review for Fish and Wildlife Habitat Conservation Areas, 2004,or amendments thereto. 2. Species-specific management guidelines of the Washington Department of Fish and Wildlife. 3. Recommendations contained in the wildlife study submitted by a qualified consultant followingthe he reporting requirements of these regulations. 4. The nature and intensity of land uses and activities occumng on the site and on adjacent sites. Buffers are encouraged but are not required for secondary habitat. B. Buffers for ponds shall be 75 feet plus a 15-foot BSBL. C. Wildlife habitat buffer widths may be modified by averaging buffer widths. If buffer averaging is approved it shall include enhancement or restoration of buffer quality. D. Certain uses and activities which are consistent with the purpose and function of the habitat buffer and do not detract from its integrity may be permitted by the department within the buffer depending on the sensitivity of the habitat area. Examples of uses and activities with minimal impact which may be p_ennitted in appropnate cases include permeable pedestnan trails fishing piers and viewing platforms, and utility easements provided that any impacts to the buffer resulting from permitted facilities shall be mitigated When pennrtted such facilities should be located in the outer ten feet (10') of the buffer, unless otherwise approved by the director. E. Long term protection of critical habitat areas and their associated buffer(s) shall be provided by placing them in a separate tract on which development is prohibited; protection by execution of an easement; dedication to a conservation organization or land trust or a similar pennanent protective mechanism acceptable to the city_The location and limitations associated with the habitat and its buffer shall be shown on the face of the deed or plat applicable to the property and shall be recorded with the King County Recorder's Office. 84 Critical Areas Sec. 11.06.730. Alteration or development of wildlife habitat. A. Critical Habitat: Alterations of critical habitat shall be avoided, subject to the vanance or reasonable use provisions of this chapter. B. Where permitted by these regulations, alteration shall not degrade the functions and values of the habitat. Sec. 11.06.740. Performance standards for mitigation planning. A. The performance standards in this section, and the general standards in Section 11.06.550 of this chapter, shall be incorporated into mitigation plans submitted to the department for impacts to wildlife habitat. The following additional mitigation measures shall be incorporated in mitigation planning_ 1. Locate buildings and structures in a manner that minimizes adverse impacts on critical habitats used by pnority, threatened or endangered species and identified by the Washington State Department of Fish and Wildlife, National Marine Fishenes Services, and U.S. Fish and Wildlife Services. 2. Integrate retained habitat into open space and landscaping 3 Wherever possible, consolidate cntical habitats into larger, unfragmented, contiguous blocks. 4 Use native plant species for landscaping of disturbed or undeveloped areas and in any habitat enhancement or restoration activities. 5. Create habitat heterogeneity and structural diversity that emulates native plant communities described in Natural Vegetation of Oregon and Washington (Franklin, J.F. and C.T. Dymess 1988) or other regionally recognized zed publications on native landscapes. 6. Remove and/or control any noxious and invasive weeds or exotic animals which are problematic to the critical habitat area as determined by the Department 7. Preserve significant or existing native trees, preferably in stands or groups, consistent with achieving the goals and standards of this chapter. B. On completion of construction any approved mitigation project must be signed off by the applicant's qualified consultant and approved by the department. A signed 85 Critical Areas letter from the consultant will indicate that the construction has been completed as approved, and approval of the installed mitigation plan will begin the monitonng period if appro hate. Article VI. Geological Hazard Areas Sec. 11.06.760. Alterations of geologic hazard areas. A. Criteria Alterations of geological hazard areas or associated buffers may only occur for activities that meet the following cnteria: 1. Will not increase the existing threat of the geological hazard to adjacent properties 2. Will not adversely impact other critical areas. 3. Are designed so that the hazard to the project is eliminated or mitigated to a level equal to or less than pre-development conditions. 4. Are certified as safe as designed under anticipated conditions by a qualified engineer or geologist licensed in the state of Washington. The department may condition or deny proposals as appropriate to achieve these criteria Conditions may include limitations of proposed uses, modification of density, alteration of site layout and other appropriate changes to the proposal. B. Essential public facilities Public emergency, health, and safety facilities and public utilities shall not be sited within geologically hazardous areas unless there is no other practicable alternative. C. Landslide Hazard Areas. 1 Alterations to landslide hazard areas may be permitted based on the findings and recommendations of a geologic report prepared consistent with the requirements of this chapter and certif)2ng that the development complies with the cnteria in subsection A. above. 2. Unless otherwise provided or as a necessary part of an approved alteration removal of any vegetation from a landslide hazard area or buffer shall be prohibited except for removal of hazard trees as verified by the department. 86 Critical Areas i 1 3 Vegetation on slopes within a landslide hazard area or buffer which has been damaged by human activity or infested by noxious and invasive weeds may be replaced with vegetation native to Kent pursuant to an enhancement plan approved by the department The use of hazardous substances pesticides and fertilizers in landslide hazard areas and their buffers is prohibited unless otherwise approved by the department in wnting. 4. All alterations shall be undertaken in a manner to minimize disturbance to the landslide hazard area slope and vegetation unless the alterations are necessary for slope stabilization. D. Erosion Hazard Areas. 1 Cleanng in an erosion hazard area is not limited to time of year, except when such restnctions are recommended in the geotechmcal report and approved by the department. 2 Alterations to erosion hazard areas may only occur for activities for which a hazard analysis has been completed and submitted certifying that the development complies with the cntena in subsection A. The hazard analysis must be completed in general accordance with the requisites described in the geologic report. 3. Where the department determines that erosion from a development site in an erosion hazard area poses a significant risk of damage to downstream receiving waters based either on the size of the project the proximity to the receiving water or 1 the sensitivity of the receiving water, the applicant shall be required to provide regular monitoring of surface water discharge from the site. Monitoring reports shall be submitted to the department based on provisions in an approved mitigation plan If the project does not meet state water quality standards, the department may suspend further development work on the site until such standards are met. 4 The use of hazardous substances, pesticides and fertilizers in erosion hazard areas is prohibited unless otherwise approved by the Department E. Seismic hazard areas. 1. Alterations to seismic hazard areas may be allowed only as follows: a. The evaluation of site-specific subsurface conditions shows that the proposed development site is not located in a seismic hazard area; 87 Critical Areas 1 b. Mitigation based on the best available engineering and geotechnical practices shall be implemented which either eliminates or minimizes the risk of i damage, death, or mlury resulting from seismically induced settlement or soil liquefaction. Mitigation shall be consistent with the requirements of KCC 14.01 and shall be approved by the Building_Official; and c. Mobile homes may be placed in seismic hazard areas without performing special studies to address the seismic hazard. Such mobile homes may be subject to special support and tie-down requirements. F. Volcanic hazard areas The City shall maintain a may that indicates the location of volcanic hazards. Sites which are located on or within 200 feet of an identified volcanic hazard area shall include a notation on the title to the affected property disclosing the presence of the hazard. See. 11.06.750. Buffers and setbacks. A. A buffer shall be established to protect geologic hazard areas. Buffers and setbacks shall be established from the top, bottom, and sides of critical areas Unless permitted by the director, native vegetation within buffer areas shall not be impacted, and shall remain in their natural state. The width of the buffer shall be established by the department based on consideration of the following factors: 1. The recommendations contained in the geologic report required by this chapter and prepared by a qualified consultant. 2. The sensitivity of the geologic hazard in question, 3. The type and intensity of the proposed land use. B. All buffers shall include a minimum fifteen(15) foot BSBL. C. When the geotechnical report demonstrates that, due to application of design►and engineenng solutions, lesser buffer and setback distances will meet the intent of this regulation, such reduced buffer and setback distances mawpermitted 1. Minimum buffer width for landslide hazard areas shall be equal to the vertical height of the landslide hazard or fifty (50) feet, whichever is greater, for all landslide hazard areas that measure 10 feet or more in vertical elevation chanize from 88 Critical Areas 1 top to toe of slope as identified in the geotechnical report maps, and field-checking. No disturbance mU occur within the buffer except as provided within this chapter. 2 The buffer may be reduced when a qualified professional demonstrates to the department's satisfaction that the reduction will adequately protect the proposed ' development adjacent developments and uses and the subject critical area. In no case shall the buffer be less than 25-feet. 3. To increase the functional attributes of the buffer, the department may require that the buffer be enhanced through planting of indigenous species. 4. The edge of the buffer area shall be clearly staked, flagged, and fenced prior to any site clearing or construction The buffer boundary markers shall be clearly visible, durable, and permanently affixed to the ground. Site clearing shall not commence until the engineer has submitted written notice to the department that buffer requirements of this regulation are met. Field marking shall remain until all construction and clearing phases are completed and final approval has been granted by ithe department. Article VII. Critical Aquifer Recharge Areas Sec. 11.06.770. Critical aquifer recharge areas designation, rating and mapping. A Critical aquifer recharge areas designation. Critical aquifer recharge_areas (CARA) are those areas with a critical recharging effect on aquifers used for potable water as defined by WAC 365-190-030 (2). CARA have prevailing_ geologic conditions associated with infiltration rates that create a high potential for contamination of ground water resources or contnbute significantly to the replenishment of ground water. These areas include the following: 1. Wellhead protection areas. Wellhead protection areas shall be defined by the boundaries of the ten (10) year time of ground water travel, or boundaries established using altemate cntena approved by the Department of Health in those settings where ground water time of travel is not a reasonable delineation cntenon in Iaccordance with WAC 246-290-135. 89 Critical Areas r 2. Susceptible ground water management areas. Susceptible Around water management areas are areas that have been designated as moderately or highly t vulnerable or susceptible in an adopted ground water management program developed pursuant to Chapters 173-100 WAC. i 3. Special protection areas. Special protection areas are those areas defined by WAC 173-200-090. , 4. Private wells. Private wells are not governed by this code, however all provisions of the King County Board of Health Code 12.24 010 shall be applicable. B. Mapping�ofcritical aquz er recharge areas. 1. The approximate location and extent of cntical aquifer recharge areas are shown on the Wellhead Protection Area Inventory Map, maintained by the department. 2. These maps are to be used as a guide for the city of Kent, proiect gpplicants and/or property owners and may be continuously updated as new critical areas are identified or when updates to the city of Kent Wellhead Protection Program are completed They are a reference and do not provide a final critical area designation. 3 This mapping does not include private water wells for single family residences. Sec. 11.06.780. Critical aquifer recharge area reporting requirements. A Activities that require a critical area report If located within a CARA, the following land use proposals shall be required to complete a cntical aquifer recharge area report The report shall be submitted to reviewed and approved by the department. 1. Above ground storage tanks. 2. Dry cleaners. 1 3. Pipelines (hazardous liquid transmission). 4. Auto repair shops (including oil/lube facilities). 5. Underground storage tanks. 6. Gas stations. i 7 Other land use types as detennined by the director that may have the potential to significantly impact groundwater resources. 90 Critical Areas B. Requirements for critical aquifer recharge area reports 1. An aquifer recharge area critical area report shall be prepared by a qualified professional who is a hydrogeologist, or engineer, who is licensed in the state jof Washington and has experience in prepann hydro-geologic ydro_geologic assessments 2. A critical aquifer recharge area report shall include the following site and proposal related information at a minimum: a. Available information regarding_geologic and hydro eog logic characteristics of the site including the surface location of all critical aquifer recharge areas located on site or immediately adjacent to the site, and permeability of the unsaturated zone based on available information. b. Ground water depth, flow direction and gradient based on available information. c. Currently available data on wells and springs within 1,300 feet of the project area. d. Location of other critical areas, including surface waters, within 1,300 feet of the project area. e. Available historic water quality data for the area to be affected by the proposed activity. f. Best management practices proposed to be utilized. g. Historic water quality data for the area to be affected by the Iproposed activity compiled for at least the previous five (5) year penod based on available information. h. Ground water momtonng plan provisions. i._ Discussion of the effects of the proposed project on the ground water ' qualfty and quantity, including: (1) Predictive evaluation of Gound water withdrawal effects. (2) Predictive evaluation of contaminant transport based on potential releases to ground water. rj. A spill plan that identifies equipment and/or structures that could fail resulting in an impact for construction 12eriods and for general operating business 91 Critical Areas procedures post construction. Spill plans shall include provisions for regular inspection repair, and replacement of structures and equipment that could fail. I See. 11.06.790. Critical aquifer recharge area performance standards. ` A General requirements. 1. Activities may only be permitted in a critical aquifer recharge area if the , applicant can show that the proposed activity will not cause contaminants to enter the aquifer and that the proposed activity will not adversely affect the rechargingof f the aquifer. 2 The proposed activity must comply with the water source protection requirements and recommendations of the federal Environmental Protection Agency. state Department of Health and the Seattle King County Health Department. 3 The proposed stormwater management facilities must be designed and constructed in accordance with the King County Surface Water Design Manual as adopted by the city of Kent pursuant to KCC Chapter 7.07. I B. Specafic uses. 1 Storape Tanks All storage tanks proposed to be located in a critical aquifer recharge area must comply with all applicable codes including but not limited to the Washington State Department of Ecology and local code requirements and must conform to the following: a Underground Tanks. All new underground storage facilities proposed for use in the storage of hazardous substances or hazardous wastes shall be designed and constructed so as to: (1) Prevent releases due to corrosion or structural failure for the operational life of the tank. ' (2) Be protected against corrosion constructed of non-corrosive material steel clad with a non-corrosive material or designed to include a secondary containment system to prevent the release or threatened release of any stored substances (3) Use material in the construction or lining of the tank that is compatible with the substance to be stored. 92 Critical Areas b. Aboveground Tanks. All new aboveground storage facilities 1 proposed for use in the storage of hazardous substances or hazardous wastes shall be designed and constructed so as to: (1) Not allow the release of a hazardous substance to the ground, ground waters, or surface waters. (2) Have primary containment areas enclosing or underlying the tank or part thereof. (3) A secondary containment system eitber built into the tank structure or a dike system built outside the tank for all tanks, (44) All outside above ground storage tanks shall be covered to prevent rainwater from filling secondary containment areas. 2. Vehicle repair and servicing. Vehicle repair and servicing must be conducted over impermeable pads and within a covered structure capable of withstanding normally expected weather conditions. Chemicals used in the process of vehicle repair and servicing must be stored in a manner that protects them from weather and provides contaimnent should leaks occur. 3. Dry wells. No dry wells shall be allowed in critical aquifer recharge areas. Dry wells existing on the site pnor to facility establishment must be abandoned usingtechniques chniques approved by the state Department of Ecology prior to commencement of the proposed activity. 4. Residential use of pesticides and nutrients. Application of household pesticides, herbicides, and fertilizers shall not exceed times and rates specified on the packaging. 5._ Spreading or injection of reclaimed water. Water reuse protects for reclaimed water must be in accordance with the adopted water or sewer comprehensive plans that have been approved by the departments of Ecology and Health. ia. Surface spreading must meet the ground water recharge critena given in Chapter 90.46 080 RCW and Chapter 90 46 010(10) b Direct injection must be in accordance with the standards developed by authority of Chapter 90.46.042 RCW. 93 Critical Areas Sec. 11.06.800. Prohibited uses. The following activities and uses are prohibited in critical aquifer recharge areas: A Landfills Landfills including hazardous or dangerous waste municipal solid waste special waste woodwaste and inert and demolition waste landfills. B. Underground iniectzon wells. Class I I1I and W wells and subclasses FO1, 5D03 5F04 5W09 5W10 5W11 5W31 5X13 5X14 5W20 5X28 and 5N24 of Class V wells. C. Minzng. 1. Metals and hard rock mining. 2 Sand and gravel mining is prohibited from critical aquifer recharge areas determined to be highly susceptible or vulnerable. D. Wood treatment facihues Wood treatment facilities that allow any portion of the treatment process to occur over permeable surfaces (both natural and manmade). E. Storage processing or disposal of radioactive substances Facilities that store process or dispose of radioactive substances. 1 F. Private wells Any property within the city of Kent using a private well for water supply shall abate the well in accordance with Department of Ecology Standards, when development is proposed and can be serviced by a municipal water purveyor Retention of exempt wells shall not be permitted for irrigation purposes to prevent potential cross-contamination issues. 1 All property currently with a private well or within 200-feet of a private well shall follow all conditions of the King County Board of Health Code 12.24 010 in the design of the development of the property. Any proposed development plans shall show all private wells within 200-feet. G. Other uses Activities that would significantly reduce the recharge to aquifers , currently or potentially used as a potable water source or activities that would significantly reduce the recharge to aquifers that are a source of significant baseflow to a regulated stream. 94 Critical Areas r SECTION S. -Amendment. Chapter 14.09 of the Kent City Code is amende las follows. Chapter 14.09 FLOOD HAZARD REGULATIONS* See. 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: 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. ( 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. 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. 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. 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. 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 1 defined by State Department of Ecology 95 Critical Areas r r 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 or drilling operations located within flood hazard areas and other site preparation activities. Director means the director of the department of public works of the city. Flood or flooding means a general and temporary condition of partial or complete r inundation of normally dry land areas from: 1. The overflow of inland or tidal waters; 2. The unusual and rapid accumulation of run-off of surface water from any source. Flood insurance rate map (FIRS 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. 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. Flood season means the period from November 1 to March 31 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. Floodplain means that portion of a river or stream channel and adjacent lands which are subject to the base flood flooding. 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 flood without cumulatively increasing the water surface elevation more than one (1) foot. Floodway fringe means that portion of a floodplain which is not floodway. 96 Critical Areas r 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. 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 Ifoundation 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. I 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. INew construction means structures for which the "start of construction" commenced on 1 or after the effective date of this chapter. 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 jaccompanying pages on file with King County or the department of public works of the city. 1 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, the construction of columns, or any work beyond the stage of excavation; or the 97 Critical Areas placement of a manufactured home on a foundation. Permanent construction does not include submission of an application for development, land preparation, such as l 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 t 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 t part of the main structure. 1 Structure means a walled and roofed building including a gas or liquid storage tank that is principally above ground. 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. See. 14.09.020. Findings. The city council finds that: 1. The flood hazard areas of the city are subject to periodic inundation which endangers life and property, presents health and safety hazards, disrupts commerce and governmental services, and necessitates extraordinary public expenditures for flood 98 Critical Areas protection and relief, all of which adversely affect the public health, safety and general welfare, and 2. These flood losses are caused by the natural accumulation and ponding of 1 floodwaters and the cumulative effect of obstructions in flood hazard areas which increase flood heights and velocities. Uses inadequately floodproofed, elevated or protected from flood damage or that otherwise encroach on the natural holding capacity of the floodplain also contribute to the flood loss. i Sec. 14.09.030. Purpose. It is the purpose of this chapter to promote the public health, safety, and general welfare, and to minimize public and private losses due to flood conditions in specific areas by enacting provisions designed to. 1. Protect life and property by preventing the hazardous use of flood-prone lands; 2. Protect downstream or surrounding property from higher velocities or higher flood levels which may be caused by loss of holding capacity in the floodplain; 3. Minimize turbidity and pollution from upstream or surrounding development during a flood; 4. Minimize the expenditure of public money for remedial flood control imeasures; 5. Minimize the need for rescue and relief efforts associated with flooding which are generally undertaken at the expense of the general public; 6. Minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in flood hazard areas; 7. Alert appraisers, assessors, owners, potential buyers, and lessees to the natural limitations of flood-prone land; 8. Ensure that those who occupy or seek to develop in flood hazard areas assume responsibility for their actions; 9. Qualify the city and existing homes and businesses for participation in the federal flood insurance program; and 99 Critical Areas r 10. Implement local, state and federal flood protection programs. Sec. 14.09.040. Policies and standards for reducing flood losses. In order to accomplish its purpose, this chapter includes policies and standards to: 1. Restrict, condition, or prohibit uses which are dangerous to health, safety and property due to water or erosion hazards, or which result in damaging increases in erosion, flood heights or velocities; 2. Require that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial development and construction; 3. Control the alteration of natural floodplains, stream channels, and natural protective barriers, which help accommodate or channel floodwaters; 4. Control filling, grading, dredging, and other development which may increase flood damage; and 5. Prevent or regulate the construction of flood barriers which will i unnaturally divert flood- waters or which may increase flood hazards in other areas. Sec. 14.09.050. Lands to which this chapter applies. This chapter shall apply to all areas of special flood hazards within the jurisdiction of the city. Sec. 14.09.060. Basis for establishing the areas of special flood hazard. The 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 is hereby adopted by reference and declared , to be a part of this chapter as if stated verbatim. The flood insurance study is on file and available for examination at the office of the department of public works. 100 Critical Areas r ' Sec. 14.09.070. Penalties for noncompliance. No structure or land shall hereafter be developed, constructed, located, extended, converted, or altered without full compliance with the terms of this chapter and other applicable regulations. Violation of the provisions of this chapter by failure to comply with any of its requirements (including violations of conditions and ' safeguards established in connection with conditions) shall constitute a misdemeanor. Any person who violates this chapter or fails to comply with any of its requirements shall upon conviction thereof be fined not more than five hundred dollars ($500) or imprisoned for not more than one hundred eighty (180) days, or both, for each violation, and in addition shall pay all costs and expenses involved in the case. Nothing herein contained shall prevent the city from taking such other lawful action as is necessary to prevent or remedy any violation. Sec. 14.09.080. Abrogation and greater restrictions. This chapter is not intended .to repeal, abrogate, or impair any existing Leasements, covenants, or deed restrictions. However, where this chapter and another ordinance, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail. Sec. 14.09.090. Interpretation. In the interpretation and application of this chapter, all provisions shall be: 1. Considered as minimum requirements; 2. Liberally construed in favor of the governing body; and 3. Deemed neither to limit nor repeal any other powers granted under state statutes. Sec. 14.09.100. Warning and disclaimer of liability. The degree of flood protection required by this chapter is considered reasonable ' for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by manmade or natural causes. This chapter does not imply that land outside the areas of 101 Critical Areas special flood hazards or uses permitted within such areas will be free from flooding or flood damages. This chapter shall not create liability on the part of the city, its elected officials or any officer or employee thereof, or the Federal Insurance Administration, for any flood damages that result from reliance on this chapter or any administration decision lawfully made hereunder. I Sec. 14.09.110. Green River flood control zone number 2. All building and development within the boundaries of the Green River flood control zone number 2 shall comply with all provisions of chapter 86.16 RCW and chapter 508-60 WAC, the state flood control zone act and permit program regulations. Sec. 14.09.120. Permits and licenses. No permit or license for structures or the development or use of land shall be issued by the city within a special flood hazard area unless approved by the director or other designate. Such approval shall be based on a review of the provisions set forth in this chapter and the technical findings and recommendations of city departments including, but not limited to building, fire and planning departments. Compliance with the provisions of this chapter does not obviate the need to obtain other permits which may be required pursuant to state or federal law including but not limited to approvals required from the United States Army Corps of Engineers and the State Departments of Social and Health Services and Ecology relating to water and sewer systems which ensure that water and sewer systems will be designed to avoid infiltration, inflow or impairment. Sec. 14.09.130. Procedural requirements. City permits or licenses which relate to the development and use of land within a flood hazard area or special flood hazard areas shall be referred to the department of public works by the issuing department for approval. If it can be determined from information at hand that the property does not lie in a special flood hazard area, the issuing department may approve the permit or license directly. If it appears that the property may lie in a special flood hazard area, the department of public works shall 102 Critical Areas require its owner to submit information necessary to determine if in fact the property lies within the floodway or floodway fringe. If it is determined that the property lies within the floodway or floodway fringe, the applicant shall be required by the department of public works to submit such surveys, plans and supporting documents as are necessary to determine the applicability of city regulations to the proposed ' structure, development or use. The department of public works shall consider not only the individual structure, development or use, but shall also consider it in combination with existing and future similar structures, developments and uses. Whenever technical information is furnished to the city by an applicant, the city shall consider such report in acting upon the requested permit. In performing such review, the department of public works may request additional applicant information, including the preparation and submission of an environmental checklist under the State Environmental Policy Act or a supplement thereto if already submitted to an issuing department. The director or his designate shall, within a reasonable time, indicate approval or disapproval of the requested permit or license; and if approved, the conditions of approval, in a letter to the issuing department, with copies to the applicant, issuing department, commenting departments, other agencies and other known parties of interest. Sec. 14.09.140. Use of other base flood data. ' In order to administer the provisions of this chapter when base flood elevation data has not been provided in accordance with sections herein, the director shall obtain, review, and reasonably utilize any base flood elevation and floodway data available from a federal, state or other source determined by the director to provide accurate and detailed flood related information. Such information shall supplement special flood hazard area information and maps and shall be retained on file with the department of public works, including information under KCC 14 09.150. See. 14.09.150. information to be obtained and mnint ined. The-department e€-pubbe wor4s shall obtain and main4ain the r,i,,. iRg ' hif 103 Critical Areas 1 3Aqie«e Lase flood elevation data i Fevided th.•ough the flood c+v ........ i.....v .�i Y+v.,a+cv aau vubrl any.cla�w iirsmux[cTi study e_..e, aired ,. in KCC- 14.09.140, obtain ,l r-eeeFd the t 1 i h ilt\ 1 ti (in relation to fn a le..el) of the lowest fleer, eluding baseme„t of all new or \.11 1a,1U11 V11 GV 111b U11 , , 2 Fe f all n substantially i,.-...royed fl...,.1..,oof !1 st.•, t„«es. 1 z, ivl uu uv.: v+ .,a.v..aualuua+y improved l+v urlvVival ou ua.�.u1vT. and a-. Ver-ify and feee«l the aetu .a l elevtien (in ..el..tie to mean .. level)• tu1� yy b-. 33. Maintain for--publle inspeetten A feeer46peftaminng to txic provisions of this chapter, See. 14.09.160. Alteration of watercourses. Agie„eve. an alter„tio or .-el.....,+,,.n of ., w.,te.•ee, rse is pr-opose.l the depaftment of publie works shall. i. Netii�, adja^cent owne s, and the State Department—a sueh r„ti fie do to the federal administration.i Require that „+e,,.,..a is provided within the altered ef relee te,l ...-ti. n of the . ,.,te.•,.our-se so that the flood euFying eapaeity is not diminished. Sec. 14.09.150. Designation of Local Administrator. The public works director or his/her designee is hereby appointed to administer and implement this ordinance by grantingoying 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 detennine that the permit requirements of this ordinance have been satisfied. 2. Review all permits to determine that all necessary permits have been ' obtained from those Federal, State or local govennnental agencies from which pnor approval is required. 104 Critical Areas ' 3. Review all permits tc determine if the proposed development is located within a floodway If proposed development is located within a floodway ensure that that section 14.09.190 is enforced. 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 accordance with KCC 14.09 060, the public works director or his/her designee shall obtain, review and reasonably utilize any 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 section 14.09.2200j (B), 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 14.09.220 (1) (B): 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 KCC 14.09.150 (2) (b) c. Maintain for public