HomeMy WebLinkAbout907RESOLUTION NO. 9o7
A RESOLUTION of the City of Kent,
Washington, relating to revision of the City's
Shoreline Management Act master program.
WHEREAS, the City of Kent has adopted a Shoreline Man-
agement Act master program, and
WHEREAS, RCW 90.58.190 and WAC 173-19-060 provide for
revisions of master programs, and
WHEREAS, the City has previously revised its master
program and wishes to further revise it at this time, and
WHEREAS, public hearings before the Planning Commission
were held pursuant to the notice provisions of WAC 173-19-062 and
in accordance with procedures for revising master programs found
therein, and
WHEREAS, WAC 173-19-062(2) provides for the adoption of
master program revisions by ordinance or resolution, NOW, THEREFORE
THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DO
HEREBY RESOLVE:
1. The revision to 'the City of Kent Shoreline Management
Act master program, attached hereto as Exhibit "A" and incoprorated
herein by reference as if fully .set forth herein be and the same
hereby is adopted.
2. A copy of this resolution shall be attached to the
master program revision upon submittal to the Department of Ecology.
The foregoing Resolution was adopted by the City Council
of the City of Kent, Washington and approved by the Mayor at a
regular meeting thereof, Sed~· z~ .·
-ISABEL;:1:HOGAN, YOR.
ATTEST:
ROVED AS TO FORM:
0U
CITY ATTORNEY
I hereby certify that this is a true copy of Resolution
No. ?oZ , passed by the City Council of the City of Kent,
Washington the 2nd day of September, 1980.
(SEAL)
CLERK
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Shoreline Management--Program 173-19-064
WAC 173-19-030 Master programs organized by
county. The master programs have been assigned section
numbers and are listed alphabetically by county. The
master programs for incorporated cities and towns are
grouped alphabetically by section following the county
sections. [Statutory Authority: RCW 90.58.0J0(3)(c),
90.58. I 20, and 90.58.200. 80-02-I 23 (Order DE 79-
34), § 173-19-030, filed 1/30/80; Order DE 74-23, §
173-I 9-030, filed 12/30/74.]
days after the department's order adopting the revision
has been filed with the code reviser. [Statutory Author-
ity: RCW 90.58.030(3)(c), 90.58.120, and 90.58.200.
80-02-123 (Order DE 79-34), § 173-19-060, filed
1/30/80; 79-09--001 (Order DE 79-6), § 173-19-060,
filed 8/2/79; Order DE 74-23, § 173-19·-060, filed
12/30/74.]
~ WAC 173-19-062 Submittal of revised master pro-
gram by local government. (I) The local government
WAC 173-19-040 Date of adoption or approval. shall, prior to the submittal of a revised master program
The date of adoption or approval of each master pro-to the department, conduct at least one public hearing to
gram by the department is sci forth beside the name of consider th~ pro~osed changes ~o the program. . .
the appropriate local government. [Order DE 74-23, § (a) Pubhc n~t1ce of the hearmg shall be ~ade a .muu-
173-19-040, filed 12/30/74.] · mum of once m each of the three weeks 1mmed1ately
WAC 173-19-044 Local government change of ju-
risdiction--Effect of annexation. In the event of annex-
ation of a shoreline area, the local government assuming
jurisdiction shall revise their master program to include
the annexed area. Such revision shall be in accordance
with the procedures established in WAC 173-19-060
and shall be subrnilled to the department after comple-
tion of annexation. Until a revised program is approved
or adopted by the department. any ruling on an applica-
tion for permit in the annexed shoreline area shall be
based upon compliance with the pre-existing master
program approved or adopted for the area. [Statutory
Authority: RCW 90.58.030(3)(c), 90.58.120, and 90.58-
. 200. 79 -09-001 (Order DE 79-6), § 173-19-044, filed
fl./2/79.]
WAC 173-19-050 Incorporation by reference. Due
to the sheer bulk of the master programs adopted or ap-
proved by the department, they are not included in the
text of this chapter, but rather arc incorporated herein
as an appendix hereto, having full force and effect as
published herein. Copies of the appendix are available to
the public at all reasonable times for inspection in the
headquarters of the department of ecology in Olympia,
wtth the Washington state code reviser and the county
auditor or city clerk as appropriate. Copies of portions
thereof. or the complete set, will be provided by the de-
partment at the expense of the party requesting the
same.· [Order DE 74-23, § I 73-19-050, filed
I 2f30f74.] * WAC 17 3-19-060 Revising of master programs. A I
any time after adoption or approval of the master pro-
gram by the department, local government may pursu-
ant to RCW 90.58.190 propose additions, deletions, or
modifications to the master program deemed necessary
by local government to renee! changing local circum-
stances, new information, or improved data. A revision
to the master program shall be consistent with chapter
90.58 RCW and chapter 173-16 WAC, and shall be
submilled to the department for its reyiew and formal
action. No such revision submillcd to a master program
by local government shall become effective until thirty
preceding the hearing. The notice shall be published in
one or more newspapers of general circulation in the
county in which the hearing is to be held. The public
notice shall include:
(i) Reference to the authority under which the action
is proposed.
(ii) A statement or summary of the proposed changes
to the master program.
(iii) The date, time, and location of the hearing, and
the manner in which interested persons may present
their views thereon.
(b) The local government shall also notify abulling
local governments affected by the proposed master pro-
gram revision and specify any environment designation<-
changes .
(c) The revised master program should be available
for public inspection at the local government office and
available upon request at least seven days prior to the
public hearing. '
(2) Attached to the master program revision upon
submittal to the department shall be a copy nf the reso-
lution or ordinance relating to the revisions submitted by
the local government. The submittal letter must bear the
signature of the authorized local official. In addition, the
following items should also be included in the submittal:
(a) An affidavit showing that the notice has been
properly published.
(b) An explanatory statement, staff report, record of
the hearing, andfor other materials which document the
necessity for the proposed changes to the master
program.
(c) The material specified by chapter 4J.21C RCW;
i.e. an environmental checklist, threshold determination,
and environmental impact statement, as required. !Stat-
utory Authority: RCW 90.58.030(3)(c), 90.58. I 20, and
90.58.200. 80-02-123 (Order DE 79-34), § 173-19-
062, filed 1/30/80.)
WAC 173-19-064 Adoption of the revised master
program by the department. If more than one local gov-
ernment submits revised programs to the department for
action and they are pending with the department, the
department may elect to consolidate the proceedings for
adoption. Adoption shall be in accordance with the pro-
visions of RCW 34.04.025, insofar as such provisions are
(('b. 173-19 WAC-tl.1l
't ... ).1 ~-064 Shoreline Managem:·nt--Program
not inconsistent with the provisions of chapter 90.58
RCW, and shall follow the procedures set forth below:
(I) A notice of intent to adopt the revised master
ptogram shall be filed with the state code reviser's office
in accordance with the procedures and closing dates es-
tablished by the code reviser. The department shall file
notice in a manner that will allow for the most expedi-
tious adoption of the revised program: Provided, That
the department will not file notice more often than six
times in each year unless special circumstances dictate
more frequent filing.
( 2) The department shall, prior to an adoption pro-
ceeding, hold a public hearing to consider the proposed
changes lo the master program.
(a) The location of the public hearing and the adop-
tion proceeding shall be as follows:
(i) ihe public hearing shall be held in a location con-
venient to the department: Provided, That if there is
substantial public interest in a revised program, as de-
termined by the department, the department may elect
to conduct the public hearing in the local area affected
by the revised program. ·
(ii) The adoption proceeding shall be held in a loca-
Uott convenient to the depa rlment.
(b) The date of the public hearing shall be established
in accordance with the schedule of the code reviser for
the rirst agency action date. The adoption proceeding
shall be commenced within fourteen days of the public
hearing unless the department determines that the public
Interest or special circumstances. requires a longer time
between the public hearing and the adoption proceeding.
(c) Prior to the date of the public hearing, the de-
partment shall publish notice of the hearing and adop-
tion proceeding in at least one newspaper of general
circulation in the area affected by the revised master
program. The public notice shall include:
(i) Reference to the authority under which the action
Is proposed; and
(ii) The dates, times, and locations of the public hear-
Ing and adoption proceeding, and the manner in which
persons may present their views.
(d) The department shall also notify local govern-
ments and interested persons who have expressed a de-
sire to be advised of the proposed action.
(e) A request for advice and guidance to members of
the ecoiogical commission shflll be submitted at least
thirty days prior to the adoption proceedings in accord-
ance with chapter 43.21A RCW.
(f) An evaluation of economic impact shall be com-
pleted prior to adoption of the revised program in ac-
cordance with chapter 43.21 H RCW.
(3) The department staff shall present at the public
hearing its proposed recommendation that the
depa r~ment:
(a) Adopt the revised program, or portions thereof;
(b) Adopt with conditions, the revised program or
portions thereof; or
(c) Deny adoption of the revised program. or portions
thereof. If the recommendation is that the revised
master program be denied in whole or in part, the de-
partment shall state the reasons upon which that recom-
mendation is based, including inconsistency with:
ICh. 17J-19 WAC-p 4]
(i) The policies and procedures of the act; and
(ii) The guidelines, rules and regulations of the
department. :
( 4) When the department determines to deny a re-
vised master program in whole or in part, it shall, at the
adoption proceeding dale, advise the local government in
writing of the reasons for the denial and the depart-
ment's suggested modifications to the revised program
which would make it consistent with chapter 90.5R
RCW and chapter 173-16 WAC. The local government
may, after it receives the re·commendations from the de-
partment, make the specific modifications designed to
eliminate the inconsistencies and resubmit the revised
program to the department. Any resubmitted revision
shall be subject to the full adoption procedure.
(5) With regard to those segments of the program re-
lating to shorelines of slate-wide significance, the de-
partment may develop and adopt an alternative to the
local governments proposal if the program submitted
does not provide for the optimum implementation of the
policies of chapter 90.58 RCW to satisfy the state-wide
interest. The department shall notify local government of
its intent to do so in writing at the adoption proceeding
date. ·
(6) The department shall present at the adoption pro-
ceeding, its decision on the revised master program, to-
gether with any resulting modifications to that proposal.
(7) If the department determines to adopt a revised
master program in whole or in part, following the adop-
tion proceeding it shall file the amended rules and a
copy of the revised master program with the stale code
reviser. The department shall also notify the appropriate
city clerk or county auditor of the final action taken.
(8) The revised master program shall not become ef-
fective until at least thirty days from the date of filing
with the code reviser the order adopting the revisions in
accordance with the provisions of chapter 34.04 RCW.
(9) The procedure for adopting emergency rules de-
scribed in RCW 34.04.030 shall be used in lieu of the
procedure described above only if the criteria in RCW
34.04.030 are met and the department determines that
the proposed revision is not controversial. [Statutory
Authority: RCW 90.58.030(3)(c), 90.58.120, and 90.58-
.200. 80-02-123 (Order DE 79-34), § 173-19-064,
filed l /30/80.]
WAC 173-19-070 At•peal procedures for master
programs. The procedures for appeals by local govern-··
men! of master programs and revisions thereto shall be
governed by RCW 90.58.180(4) and 90.58.180(5). [Or-
der DE 74-23, § 173-19-070, filed 12/30/74.]
WAC 173-19-080 AJ•plicability of master program
to federal agencies. The state master program shall be
applicable in the following manner to federal agencies on
lands meeting the criteria of the Shoreline Management
Act and the department for shorelines of the state:
(I) The master program shall not be applicable to ac-
tivities of federal agencies on lands owned in fee by the
federal government unless the federal government grants
( 4/ 16/80)
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Shoreline Manag1·,·nent act of 1971 90.58.220
under any right to review otherwise available to the rc-
que~tor. The department and the allorney general may
intervene to protect I he public interest and insure that
the provisions of this chapter arc comrlied with at any
time within fifteen days from lhe date of the receipt by
the department or the attorney general of a copy of the
request for review filed pursuant to this section. The
shorelines hearings board shall initially schedule review
proceedings on such requests for review without regard
as 1n whether such requests have or have not been certi-
fied \H as to whclhcr the period for the department or
the ;tllorncy general to intervene has or has not expired,
unkss such t-c1·icw is to begin within thirty days of such
scheduling. If at the end of the thirty day period for
certification neither the department nor the attorney
general has certified a request for review, the hcurings
bo;nd shall remove the request from its review schedule.
( .:) ThL· depart men! or th~ allorney general may ob-
tain review of any final order granting a permit, or
granting or denying an application for a permit issued
by a local government by filing a written request with
the shorelines hearinp\ board and the appropriate local
gon:rnmcnt within thi~ ly days from the date the final
order 11a~ filed as pn11idcd in RCW 90.58.140(6) a.
now nr hereafter amended.
( J) fhe review proc,·cd ings authorized in sections
(I) and (2) of this section arc subfcct to tl provisions of
chapter 3-1.04 RC\V pntaining to procc urcs in contest-
ed cases. Judicial rc1 icw of such pr ccedings of the
shorelines hearings bo;trd may be ha as provided in
chapter J..J.04 RCW.
(4) loc·al !:!OI'crnmcnl may :tppcal to the ·horclincs
hcarin!!s bo;~rd any rules. regulations, guidelines, ·
nalitlll~. or master programs for shorelines of the state
adopted or approved hy the department within thirty
d;t)S of the tlale of the adoption \lr approval. The board
shall make a final decision within sixty days following
l he hearing held l hereon.
(a) In an appeal relating to a master program for
shorelines. the boartl. after full consideration of the po-
~itions or the local government and the department, shall
determine the validity of the master program. If the
bo;trd determines that ~aiu program:
(i) Is clcarl)· erroneous in light of the policy of this
•;h;t pier: or
(it) Constitutes an implementation of this chapter 111
violation or n~nslitutional or statutory provisions; or
(iii) Is arbitrary and capricious: or
(iv) Was dcvelored without fully considering and
evaluating all proposed master programs submitted to
1hc department by the local government; or
(v) Was not adopted in accordance with required pro-
cedures:
the board shall enter a final decision declaring the pro-
gram invalid. remanding the master program to the de-
partment with a statement of the reasons in support of
1hr dctcrmination. and directing the department to
:•dopL ;t rtcr a I borough eonsulta Lion with the affected
l\1cal government. a new master program. Unless the
bo;tnl makes one or more of the determinations as here-
inbefore provided. the board shall find the master pro-
)!r;Jill lobe valid and enter a final decision to that effect.
( 1977 l.aws)
(b) In an appeal relating to a master program for
shorelines or stale-wide significance the board shall ap-
prove the master program adopted by the dcpnrtment
unless a local government shall, by clear and convincing
evidence and argument, persuade the board that the
master program approved by the department is inconsis-
tent with the policy of RCW 90.58.020 and the applica-
ble guidelines.
(c) In an apreal relating to rules, regulations, guide-
lines, master programs of slate-wide significance, and
designations, the standard of review provided in RC\V
34.04.070 shall apply.
( 5) Ru lcs, regula! ions, designations, master programs.
and guidelines shall be subject to review in superior
court, if authorized pursuant to RCW 34.04.070: Pro-
vided, That no review shall be granted by a superior
court on petition from a local government unless the lo-
cal government shall first have obtained review under
subsection (4) of this section and the petition for courl
review is filed within three months after the date of final
decision by the shorelines hearings board. [ 1975 '76 2nd
cx.s. c 51§ 2; 1975 lsi ex.s. c 182 § 4; 1973 1st ex.s. c
20
RCW 90.58.190 Review and adjustments to mastr1
programs. The department and .each local government
shall periodically review any master programs under its
jurisdiction and make such adjustments thereto a~ arc
necessary. Each local government shall submit any pro-
posed adjustments, to the department as soon as they arc
comrleted. No such adjustment shall become ciTcctil'c
until it has been approved by the department. (1971
x.s.c286§ 19.]
RCW 90.58.200 Rules and regulations. The depart-
ment and local governments arc authorized to adopl
such rules as arc necessary and appropriate to carry oul
the provisions of this chapter. (1971 cx.s. c 2H6 § 20.]
RCW 90.58.210 Court actions to insurr against
conflicting uses and to enforce. The al\orncy general or
the attorney for the local government shall bring such
injunctive, declaratory, or other actions as arc necessary
to insure that no uses arc made of the shorelines of the
state in conflict with the provisions and programs of this
chapter, and to otherwise enforce the rrovisions of thi~
chapter. [1971 cx.s. c 286 § 21.]
RCW 90.58.220 General penalty. In addition to in-
curring civil liability under RCW 90.5X.21 0, any person
found to have wilfully engaged in activities on the
shorelines of the stale in violation of the provisions of
this chapter or any of the master programs, rules, or
regulations adopted pursuant thereto shall be guilty of a
gross misdemeanor, and shall be punished by a fine of
not less than twenty-five nor more than one thousand
dollars or by imprisonment in the county jail for not
more than ninety days, or by both such fine and impris-
onment: Provided, That the fine for the third and all
[Ch. 90.58 HCW-p 9f
(
EXHIBIT A
RESOLUTION 907
AMENDMENTS TO THE KENT SHORELINE MASTER PROGRAM
As Adopted by the City Council
August 18, 1980
1. One 20-foot wide public pedestrian/bicycle access from a public
road to the Riverfront shall be provided for every 1000 feet of
River frontage or Scenic Drive frontage.
2. One off-street public parking space shall be provided for every
175 feet of River frontage or Scenic Drive frontage. Parking
spaces(s) shall conform to Off-Street Park1ng Standards in
Chapter 4 of the Kent Zoning Code.
3. A public access easement or land dedication shall be granted on
Riverfront land beginning at the Ordinary High Water Line and
extending landward to a point at least 50 feet from the center-
line of an existing dike or 50 feet from the Ordinary High Water
Line where there is no existing dike, whichever is the greater
distance inland.
4. In residential zones the following visually objectionable or
high noise uses or activities shall be kept at least 100 feet
from the Ordinary High Water Line, 75 feet from the center line
of the dike, or 60 feet from the R.O.W. of a scenic drive,
whi6hever is the greater distance inland, and shall be screened
from these by buildings (preferred), dense planting, or earth
berming: non-automobile parking, loading docks, truck service
roads, machinery.
In commercial and industrial zones, the following visually objec-
tionable or high-noise uses or activities shall be kept· at least
200 feet from the Ordinary High Water Line, and shall be screened
from these by buildings (preferred), dense planting, or earth
berming: non-automobile parking, loading docks, truck service
roads, and machinery.
These requirements are not for parking facilities strictly for
the benefit of public access to the Green River.
Existing developments which have the visually objectionable uses
mentioned above shall, within two years, eptablish a "Type I Solid
Screen" between the ol?jectionable use ·and the river.
5. Loading docks shall not be located on river-facing sides of
buildings.
6. The applicant must establish and show on the development or sub-
division plan a "building setback line" along the Green River.
This line will establish the limits of all buildings, fencing,
and impervious surfacing along the Green River. The standards
for e~tablishing the building limits line shall be as follows:
..,..1-
S.M.P. Amendments
o In residential zones, the building setback line shall be a
minimum distance of 100 feet from the Ordinary High Water
Line, or 60 feet from the R.O.W. of a Scenic and Recreational
Drive, or 75 feet from the center line of a dike, whichever
1s the greater distance inland from the river.
In.order to avoid development which creates a "wall" of
buildings along the minimum setback distance, the building
setback line shall not coincide with the minimum setback
distance for more than 50% of its length. Variations from
the minimum setback line shall occur at intervals not to
exceed 200 feet. Variations shall not be less than 20 feet
and the average distance of the building setback line shall
not be less than 150 feet from the Ordinary High Water Line.
o In commercial and industrial zones the building setback line
shall be a minimum distance of 200 feet from the Orinary High
Water Line.
In order. to avoid development which creates a "wall" of
buildings along the minimum setback distance, the building
lengths, on the riverfront side, shall be limited to 200
feet.
o The building setback line shall take into account the need
for visibility of the riverfront park system from public
roads at access points.
7. Development shall maintain and establish a permanent vegetative
buffer of trees and shrubs between the development or the river.
OR, between the development and any flood control structure or
riverfront road or riverfront park or "unique and fragile" area,
such buffer having an average width of twenty-five feet along
the length of the shoreline and minimum width of fifteen feet.
Existing unsightly land uses along the Green River shall have a
permanent vegetative buffer established between themselves and
the river within two years of time of adoption of these regula-
tions. These unsightly uses shall include: material storage,
truck maneuvering areas, equipment parking, junk yards, refuse
storage and other such visually objectionable uses.
8. Landscape screening and buffer strips shall be planted so as to
be harmonious with those already planted on adjacent properties
and consistent with the Kent Landscaping requirements.
-2-
S.M.P. Amendments
i
\
9. No cutting, damage, or removal of trees in the Shoreline Zone
over 4 inches in caliper (as measured 12 inches above their
mean ground elevation) will be permitted.
10. There shall be no disruption or destruction of areas identified
as "unique and fragile" in the Kent Shoreline Master Program,
OR, in the event that disturbance is demoR-s-"t-I?a-t.e€1.----t.-G-lde-una¥oidable_, __
disruption or destruction shall be "fully mitigated" by the
applicant through complete land reclamation and restoration of
vegetation. Dikes or levees will be set back around "unique and
fragile" areas. The "unique and fragile" areas shall be clearly
defined on a detailed map.
11. Rip-rapping (the placement of rock or other material to armor the
riverbank against erosion or meander-shifting) when initiated by
the developer is allowed only where a clear and present danger to
existing structures exists.
12. Rip-rapping or other bank armoring when initiated by the developer
will be covered with topsoil and revegetated by the applicant.
13. The landward side-slope of any dikes or levees (which have been
modified by a developer) shall be sloped at no greater than 3:-1
(three feet horizontal for-every one foot vertical).
14. The landward side-slope of dikes or levees shall be covered with
at least 12 inches of topsoil and permanently revegetated by the
applicant, if the developer has modified the dike.
15. The applicant shall follow any applicable recommendations of the
State Department of Fisheries and State Department of Game for
preventing and mitigating adverse impacts on fish and wildlife
resources and enhancing wildlife habitat.
16. If public funds are used in the construction of flood control
works (dikes, levees, flood walls), public rights of access to
such works are required prior to construction.
17. Surface drainage facilities such as drainage channels andre-
tention areas shall be designed, where feasible~ to be integral
parts of any common trail and open space system connections to
the Riverfront.
18. There shall be no over-water structure unless it is demonstrated
that such structure is needed to protect or promote the public
interest, or will enhance public access and enjoyment of the
Green River.
-3-
(
S.M.P. Amendments
19. Where a need for an over-water crossing has been demonstrated,
such crossing shall (a) provide or allow for a safe pedestrian
access under the bridge wherever the bridge crosses a potential
river trail route identified in the Kent Green River Corridor
Plan (1980)~ and (b) in the case of public roads, provide a safe
pedestrian river crossing having a width of no less than six feet.
20. There shall be no rails or rail spurs within 200 feet of the river.'
21. All lots and buildings must have road access without using Scenic
and Recreational Roads as defined by the Green River Corridor
Plan (1980).
22. Development shall include no street connections to Scenic and
Recreational Roads.
23 .. Development shall not force or encourage property outside the
proposed development to use a Scenic or Recreational Road for
access.
24. Development shall not force or encourage traffic from the
proposed development to use a Scenic or Recreational Road
for access.
25. Roads within the Shoreline Master Program shall be designed for
low-volume local traffic.
26. Overhead utilities will not be allowed unless underground place-
ment is clearly demonstrated to be infeasible.
27. Applicant shall locate uses on Riverfront lots which will benefit
from a Riverfront location and contribute to a park-like atmosphere
along the Riverfront. Such uses may include but are not limited to
the following:
residences
club houses/meeting rooms
resident recreational facilities
employee recreational facilities
lunchrooms
offices
light manufacturing
research and development facilities
restaurants
limited convenience commercial with river-orientation
-4-
(
S.M.P. Amendments
28. No natural or constructed features of potential historic, cul-
tural and educational significance shall be destroyed or modified
so as to negate its value to the public.
29. In the Conservancy zones, necessary dike maintenance and con-
struction shall be permitted. Areas shown in the River of Green
study as potential setback dikes and agreed upon by the City
Council, by Resolution 903, shall not be affected by the
Conservancy zones.
-5-
EXHIBIT A
RESOLUTION 907
KENT GREEN RIVER COmtiDOR DEFINITIONS
Scenic and Recreational Roads/Drives:
1. Frager Road throughout its length within the Cit~ of Kent.
2. Russell Road from the eastern end of the proposed Russell
Woods Park as designated in the Green River Corridor Plan
north to the point where it leaves the River (approximately
at 200th Street).
Common Trail System:
Pedestrian and/or .bicycle acbessways which are shared U1eld in
common) by a group of landowners and occupants of a subdJvision
·but which may not be accessible to the general public.
Riverfront Road:
A public street or road which lies alongside the Green River and
which has no major development between it and the river..
Riverfront Park:
A publicly owned open space which lies along the Green River,
along a Scenic and Recreational Road/Drive, or along a Riverfront
Road.
Ordinary High Water tine (or Mark) :
"Ordinary high water mark" on all lakes, streaTl".s, and t:ida.l
water is that mark that will be found by examining the bed
and banks and ascertaining where the presence and action of
waters are so common and usual, and so long continued in all
ordinary years, as to mark upon the soil a character distinct
from that of the abutting up-land, in respect to vegetation
as that condition exists on June 1, 1971 or as i.t may naturally
change thereafter: PROVIDED, that in any area where the ordinary
high water mark cannot be found, the ordinary high water mark
adjoining salt water shall be the line of mean higher high tide
and the ordinary high water mark adjoining fresh water shall
.be the line of mean high water. (RCW 90.58.030)(2}{b).
Riverfront Lot:
Any lot or land parcel which is adjacent to the Green River, a
Scenic and Recreational Road/Drive, a Riverfront Road or a
Ri verfron·t Park.
Unique and Fragile Area:
An area of special environmental significance for wildlife
habitat, threatened plant communities, and/or natural scenic
quality. The geographic boundaries of these areas shall be
officially mapped.
·-i-
G.R.C. Definitions
Truck Maneuvering Area:
An area of a site used by trucks for turning and backing 9r for
access to loading/unloading areas.
Over-Water Structure:
Any structure projecting over the ordinary h~gh water mark of
the Green River.
Revegetation:
The planting of vegetation to cover any land areas which have
been disturbed during construction. This vegetation shall be
maintained to insure its survival and shall be consistent with
planting requirements of the Kent Landscape Code.
Conservancy Zones:
The objective in designating a conservancy environment
is to protect, conserve and manage existing natural
resources and valuable historic and cultural areas in
order to ensure a continuous flow of recreational. benefits
to the public and to achieve sustained resource utilization.
The conservancy environment is for those areas which are in··
tended to maintain their existing characte:r. The preferred
uses are those which are nonconsumptive of the phy·s.i.cal and
biological resources of the area. Nonconsumptive uses are
those uses which can utilize resources on a sustained yield
basis while minimally reducing opportunities for other future
uses of the resources in the area. Activities and uses of a
nonpermanent nature which do not substantially degrade the
existing character of an area are appropriate uses for a con-
servancy environment. Examples of uses that might be pre-
dominant in a conservancy environment include diffuse out
door recreation activities, timber harvesting on a sustained
yield basis, passive agricultural uses such as pasture and
range lands, and other related uses and activities.
The designation of conservancy environments should seek to
satisfy the needs of the community as to the present and .
future location of recreational areas proximate to concen-
trations of population, either existing or projected. For
example, a conservancy environment designation can .be used
to complement city, county or state plans to legally acquire
public access to. the water. (WAC 173-16-040(4) (b) (ii)).
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Legend -,,·,\..
60
1'1 il L ,J 1.1 u N 9, ~0:....:7 __
TJ,ESOLUTIO --DOR PLAN
URBAN
CONSERVANCY
JZ,I,)R At-
VE R COARI TOH GREEN Rl KENT. WA~""'
~1 ~
CITY OF KENT
SHORELINE MASTER PROGRAM
"/·
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JANUARY) 1981
CITY OF KENT, WASHINGTON
Mayor
Isabel Hogan
City Administrator
Richard D. Cushing
City Counci 1
Thomas Bailey
Bernie Biteman
Bi 11 i e Johnson
Jon Johnson
Dan Ke 11 eher
Timothy Leahy
Judith Woods
Original Adoption
By City Council -l/21/74
By Department of Ecology -4/9/74
Revised Adoption
By City Council Res. No. 907 -9/2/80
Department of Ecology -12/10/80
Revised Printing
March 1983
Kent Planning Department
Chapter 1
Chapter 2
Chapter 3
Chapter 4
Chapter 5
TABLE OF CONTENTS
INTRODUCTION ........•.•...•......••
Page
1-1
Background......................... 1-1
Requirements of the Shoreline
Management Act.................. 1-1
Compliance in Kent................. 1-2
MASTER PROGRAM DEVELOPMENT ....•....
Requirements .... ~ ................. .
Procedure ......................... .
Background Material ....•.......•
Goals, Objectives, and Policies.
, Environment(s) ...•..............
Use Regulations ...............•.
Variances and. Conditional Uses ..
Updating Procedure ............. .
Deviations from DOE Procedure .. .
GOALS, OBJECTIVES AND POLICIES .•...
Economic Development •..............
Public-Access ................ -..... .
Circulation ..•....•....•..•........
Recreation ........................ .
Shoreline Use ..•...••.......•.....•
Conservation ........... · ............ .
History/Cultut~.~~ .•.••.••......•..
Flood Control ..•.•....•.•.••...•...
Policies Applicable to Each Use
Activity ....................... .
ENVIRONMENTS .•..•......•••••••..•...
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2-1
2-2
2-2
2-3
2-4
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2-5
2-5
3-1
3-l
3-2
3-4
3-5
3-7
3-8
3-10
3-11
3-12
4-1
Urban Environment.................. 4~1
Conservancy Environment............ 4-1
Rural Environment.................. 4-2
USE REGULATIONS ...••............•.•
Agricultural Practices •.••• ~·······
Aquaculture ....... ~ ............... .
Forest Management Practices .•..•...
Commercial Development .....••.....•
Mar in as ........................... .
Outdoor Advertising, Signs, and
Billboards ••.•••.•.•.•••..•.•••.
Residential Development .•...•... : •.
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5-6
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5-7
5-9_
5-10.
5-11
Chapter 5
Chapter 6
Chapter 7
Appendix A
Appendix B
Appendix ··c
Appendix D
USE REGULATIONS (Continued)
Utili ties ......................... .
Ports and Water Related Industry ..•
Bulkheads ......................... .
Breakwaters ....................... .
Jetties and Groins ••••••.•••.••..•.
Landfill .......................... .
Dredging .......................... .
Shoreline Protection ••..•..•.•...•.
Road and Railroad Design and
Construction ...•••.•.•...••••...
Piers ............................. .
Archaeological and Historic Sites .•
Recreation ........................ .
Mining ............................ .
Solid Waste Disposal ••.•.•...•.....
VARIANCES AND CONDITIONAL USES •..•.
Variances ......................... .
Conditional Uses ..•..•..•••••...•.•
UPDATING PROCEDURE •••.•.•..•.•.•.•.
DEFINITIONS ..•...•..••.........•...
MAPS •••••••••••••• • •• • • • • • ••• • • • • • •
EXISTING POLICIES AND PLANS •••••.•.
AMENDMENTS • • • • • • • • • • • • • • • ••••••••••
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Chapter 1
INTRODUCTION
BACKGROUND
For several years there has been growing concern among citizens,
local government officials, and state government·. about the increas--
ing pressures for use of shorelines within the state. Shorelines
such as the Green River are of limited supply and they are faced
with rapidly increasing demands for such traditional uses as ports,
fishing, swimming, and scenic views, as well as new demands for
recreational subdivisions, motel complexes, and private housing,
and in the City of Kent, industrial uses. More people, higher in-
comes, more leisure time, and general business growth have combined
to create a heavy use of these shorelines.
Property rights of individuals, firms, and various public bodies are
intermixed and rarely coordinated in any comprehensive manner.
Government agencies own shoreline for recreation and public utili-
ties, firms for industrial or commercial uses, while individual
demands are generally for housing or recreation. The basic issue
is how to provide for these legitimate uses of shoreline areas and
at the same time prevent the destruction or substantial alteration
of the unique nature of the state's shorelines.
In the fall of 1970, the Washington Environmental Council circulated
an initiative petition known as the Shorelines Protection Act, or
Initiative 43, and gathered enough signatures to certify it to the
Legislature meeting in 1971. Initiative 43 placed the primary respon-
sibility for the planning and implementation of the Act with state
government. The Legislature then had the choice of acc.epting Initia-
tive 43, passing a substitute measure, or taking no action. They
chose the second option and enacted engrossed Substitute House Bill
No. 584, which was called the Shoreline Management Act of 1971, and
it became Initiative 43B. Initiative 43B called for local control
of planning and implementation of the Act.
In November of 1972, both measures were placed on the ballot and the
state's voters selected the Shoreline Management Act. This Act is
based on a philosophy that the shorelines of the State are among
the most valuable and fragile of our natural resources and unre-
stricted development of this resource is not in the best public
interest. Therefore, planning and management are necessary in order
to prevent the harmful effects of uncoordinated and piecemeal develop-
ment on the state's shorelines.
REQUIREMENTS OF THE SHORELINE MANAGEMENT ACT
Under the Act, local governments have the primary responsibility
for initiating the planning program and administering the regulatory
1-1
requirements of the Act with the Department of Ecology acting in a
supportive and review capacity. As set forth in the provisions
of the Act, local governments must fulfill the following basic
requirements:
1. Administration of a shoreline permit system for proposed
substantial development on wetlands of designated water
bodies.
2. Compilation of a comprehensive inventory which includes
a survey of natural characteristics, present land
uses and patterns of ownership.
3. Development of a master program to provide an objective
guide for regulating the use of shorelines~:
COMPLIANCE IN KENT
In October of 1971, the City of Kent established a permit system
in compliance with the first requirement of the Act. Under this system
a permit must be obtained for any substantial development proposed
within 200 feet of the Green River, within the city limits of Kent.
Substantial development, according to the law, means any develop-
ment on which the fair market value exceeds one thousand dollars,
or any development which would interfere with the normal public use
of the water or shorelines.
The following are general exceptions to the permit requirement:
1. Normal maintenance or repair of existing structures.
2. Construction of the normal protective bulkhead common
to single-family residences.
3. Emergency construction necessary to protect property
from damage by the elements.
4. Construction of barns or similar agricultural buildings.
5. Construction or modification of navigational aids.
6. Single-family dwellings for use by the owner or his family,
and not to exceed a height of 35 feet above the average
grade of the property.
7. Construction of a dock designed for pleasure craft only,
for the non-commercial use of.the owner of a single-
family residence, the cost of which does not exceed
$2,500.00.
However, any development which occurs within the city's shoreline
as defined by the Act, whether it requires a permit or not, must be
consistent with the intent of the law.
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Under Kent's shoreline permit system, administrative responsibility
lies with the Planning Department, but the permits are reviewed by
the Hearing Examiner who has the authority to approve or deny permit
applications. Before a permit becomes effective, however, the
State Department of Ecology and the Attorney General's office must
review each case. Liberal provisions for appeals of permit deci-
sions are also provided for under the law.
In compliance with the second requirement of the Act, the Kent Plan-
ning Department conducted a comprehensive inventory of the natural
characteristics, present land uses, and patterns of ownership along
the City's shorelines. The inventory was completed in November,
1972, and updated in August of 1973.
In compliance with the third requirement of the Act, the City of
Kent, with the heip of local citizens, has developed its Shoreline
Master Program to serve as a guide for regulating use of the City's
shorelines along the Green River. This report includes a descrip-
tion of the process used in developing the Master Program, and it
presents the findings of the process in terms of goals, objectives,
policies, environments, use regulations, and provisions for vari-
ances, conditional uses, and updating the Master Program.
The program has been amended three times since its adoption:
Environments -12/23/78
Use Regulations,
Definitions, and
4/10/79
Environments -12/10/80
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Chapter 2
MASTER PROGRAM DEVELOPMENT
REQUIREMENTS
The Shoreline Management Act requires that Kent's Shoreline Master
Program serve as an objective guide for regulating use of the
City's shorelines. The Master Program should clearly state local
policies for the development of shorelands and indicate how these
policies relate to both the goals of the local citizens and to
specific regulations of uses affecting the physical development of
-Kent's land and water resources.
As defined by the Act, the Master Program is to be general, compre-
hensive and long-range in order to be applicable to all of Kent's
shorelines for a reasonable length of time under changing conditions.
"General" means that the policies, proposals and guidelines are not
directed towards any specific sites. "Comprehensive" means that
the program is directed towards all land and water uses, their impact
on the environment and logical estimates of future growth, and it
also means that the program shall recognize the plans and programs
of other government units, adjacent jurisdictions, and private
developers. "Long-range" means that the program is to be directed
at least 20 to 30 years into the future, look beyond immediate issues,
and follow creative objectives rather than a simple projection of
current trends and conditions.
In compliance with the Act, the Department of Ecology developed Final
Guidelines (WAC 173-16) for the use by local governments in develop-
ing their master programs to insure that they meet these overall
requirements of the Act. These Guidelines are intended to serve
as standards for imp·lementing the policy of the Act and to provide
criteria to local governments and the Department of Ecology in
developing their Master Proqrams.
The Guidelines specifical~y require that local governments develop
their Shorelin·e Master Programs using local citizen participation,
and that the Master Programs contain "Goals", "Policies", and "Use
Regulations" for regulating use of the shorelines. within designated
areas of the shoreline, called "Environments". In order to assist
them in the formulation of the goals, policies, environments, and use
regulations, the Department of Ecology also suggested several "Ele-
ments" and "Use Activitie~"to be considered as the subjects of these
goals, policies, and use regulations, and it suggested four possible
types of environments.
The Act and the Guidelines also require that local governments
establish provisions for allowing variances and conditional uses
within their permit system, and that they establish an updating
procedure for review of their Master Programs.
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Finally, the Act requires that in developing Master Programs for
Shorelines of State-wide Significance, such as the Green River,
local governments give preference to uses in the following order of
preference, which:
1. Recognize and protect statewide interest over local
interest;
2. Preserve the natural character of the shoreline;
3. Result in longkerm over short-term benefit;
4. Protect the resources· and ecology of the shorelines;
5. Increase public access to publicly-owned areas of the
shorelines;
6. Increase recreational opportunities for the public in
the shoreline.
PROCEDURE
In compliance with the Act, the City of Kent has developed its
Master Program in such a way as to meet all of the above require-
ments. It has determined goals, objectives, and policies
for the eight different elements of its Program; related these
policies to specific use activities; designated, defined, and
delineated an environment; established use regulations for the
shorelines; made provisions for conditional uses and variances; and
established a procedure to review-and update the Master Program.
The Kent Master Program is the result of a cooperative effort
between the City Planning Department, a Citizens Advisory Committee,
the public, and ORB, a firm of architects, planners and engineering
consultants retained by the City to provide staff support and to
coordinate with other agencies involved in the Master Program process.
Background Material
Kent's Shoreline Inventory of the Green River was completed by the
Kent Planning Department in November of 1972. This Inventory reveal-
ed that 15% of the Shoreline was in residential use, 37% in agri-
cultural use and 41%.undeveloped, with the remaining 7% in other
uses. By 1980, these percentages had changed very little.
Land use along the Green River has been changing considerably over
the past decade from rural to urban uses. This transition has
resulted in a great amount of vacant land adjacent to the River.
As the conversion to urbanization continues, the intrusion of
industrial-type uses ne'ar the River will have an increased impact
upon that body of water as a natural feature of the landscape.
It is expected that major industrial activity will take place adja-
cent to the river in 1981. ·
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The river itself is primarily used as a source for irrigation water
and as a receptacle for effluent. Fishing and other recreational
use exist to a lesser degree, but are attenuated by the poor water
quality.
The 1972 Inventory showed a majority of front footage parcels along
the shoreline had less than 1,000 front feet. Later analysis indi-
cated that of the approximately 303 acres of shorelands presently
within Kent's jurisdiction, 1/6 is presently owned by the public
(road rights-of-way, etc.), and another 1/6 is covered by a flood
control dike easement.
The River has a very gentl~ slope (less than 0.1%) and the adjacent
soils are of high quality for agricultural and recreational uses
and poor for industrial and urban sites. Most of the River has been
diked or rip-rapped and the resultant steep banks allow for few
beaches except at low water. Water flow averages 6,500 cubic feet
per second in the winter and 1,700 c.f.s. in the summer depending
upon regulation of the Howard Hanson Reservoir upstream.
The River provides habitat for a variety of mammals, birds, reptiles,
amphibians and fish. The water quality is sufficient to allow the
passage of migratory fish and the stream is one of the best steel-
head rivers in the State.
Most of the trees have been logged to prevent log-jamming of the
stream, but some deciduous and conifers remain within the shoreline
and a variety of shrubs and grasses line the entire shore.
The Planning Department also prepared a brief historical sketch of
Kent and its river. As the chief physiographic characteristic of the
Green River Valley, the River has always been a focal point. When
white settlers first came to the area, and the valley was filled
with dense vegetation from wall to wall; the River was the Road,
as one of the old timers puts it.
Most of the early settlements were along the River, e.g. Alvord's
Landing, Langston's Landing, Maddocksville and Van Doren's Landing,
and the stream provided the only transportation and communications
lifik with the outside~world;.
As the land was cleared and railroads came through the area, Kent
moved away from the River near the east side of the valley and the
River gradually lost its primacy. Russell and Frager Roads closely
parallel the stream and have prevented development on the shorelines,
so that today there are very few structures within the 12.5 miles
of shorelines.
Goals, Objectives and Policies
After acquiring a firm background, the Citizens Advisory Committee
turned to one of its primary tasks, determining the goals, objectives,
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and policies which will serve as a practical guide to the City in
the implementation of the Master Program.
Simply stated, goals are the long-range aspirations of the community,
objectives are specific tasks to be achieved in reaching a goal, and
policies are specific statements of intent which guide the Shoreline
ReV.~ew Board and the entire community in the day to day implementation
of these objectives.
In a sense, the Kent Community exists only as an expression of the
personal goals of its citizens. The Committee was charged with
defining goals, objectives, and policies for the City's shorelines
that express the values of the majority of the Community's citizens.
In order to be effective, the goals, objectives and policies were
stated in simple terms that express in ·the clearest meaning the in-
tent of the Community's proposed action.
These goals, objectives and policies were written for each of the
Elements suggested by DOE, and for an additional Element, Flood
Control. A matrix was then devised to show how the policies apply
to the various use activities.
The deliberation of this aspect of the Master Program was the most
difficult and soul-searching of the Commi ttee~-t;a-sk-s-,-a-nEI.-een-sume€1..---
11 of the 16 meetings in painstaking appraisal and refinement.
Once the goals, objectives, and policies had been completed, the rest
of the. Committee' s work proceeded rapidly.
Environment(s)
After the Committee had reviewed all of the background rna terial and
determined the goals, objectives, and policies for use of the shore-
line; it designated the environment for Kent's.shorelines.
Kent's Green River Valley lies in a transitional area. While his-
torically it was a highly productive agricultural area, in recent times
the development pattern is one of urbanization. Kent's Comprehensive
Plan and Zoning Plan have established a mix of uses along the Green
River shoreline area: Industrial, Residential, Agricultural, and
Open Space for recreation. The biophysical capabilities and limita-
tions of the shoreline within the City limits are relatively homo-
genous, and the banks of the River have been diked to an almost
common standard.
Since the uses which have been planned or zoned within the existing
City Limits are of high intensity, only one environment was deemed
necessary: Urban. However, two additional environments have been
added: Rural in 1978 and Conservancy in 1980.
Use Regulations
The use regulations were derived from the policies established for
the elements and use activities. These use regulations are consistent
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with the guidelines suggested for each use activity by the Depart-
ment of Ecology.
Variances and Conditional Uses
The variances and conditional use permit procedures were adapted
from the Kent Zoning Code, which was complet~l~ revised in June of
1973. The criteria for granting variances and conditional uses,
as established in the Code, are consistent with those required in
the Act.
Updating Procedure
The updating procedure for the Master Program was established in
compliance with the Act, and the procedure for initiating amendments
was adapted from the Kent Zoning Code.
Deviations from DOE Procedure
The Master Program is in general compliance with the Act and the
Guidelines. The Committee established goals, objectives, and poli-
cies for each of the elements suggested by the DOE and for an addi-
tional element, Flood Control. Objectives were added to make the
intent of the citizens a little more specific, and the extra element
was added because of its present and future importance to the shore-
line. Rather than preparing a duplicate listing of policies for the
use activities, a matrix was devised in consultation with the Depart-
ment of Ecology to demonstrate the applicability of the policies
to each use activity.
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Chapter 3
GOALS, OBJECTIVES, AND POLICIES
The Citizens Advisory Committee has established the following goals,
objectives, and policies for the eight elements in the Kent Shorelines
Master Program:
ECONOMIC :DEVELOPMENT
This is an element for the location and design of industries, transportation facili-
ties, port facilities, tourist facilities, commercial and other developments that
are particular~y dependent on shoreline locations.
GOAL: Development of the shorelines shall be limited to uses which are oriented
to a shoreline location, and are compatible with a natural shoreline environment.
OBJECTIVE 1: Encourage shoreline-dependent pri-
vate recreation and open space uses
to locate along the shoreline.
POLICY 1: Support an application for current
use taxation for those private
recreation and open space develop-
ments along the shoreline through
RCW 84.34.
POLICY 2: Change zoning to allow recreation
and open space uses in those areas
where they are now prohibited.
OBJECTIVE 2: Permit only development of the
shoreline that enhances the en-
vironmental qualities.
POLICY 1: The Kent Hearing Examiner
shall review developments to ensure
that they enhance the quality of
the environment.
POLICY 2: The City shall review all builqing
permits issued for development
along the shorelines to assure
that· they are, not in con£1 ict with
the other goals, objectives and
policies.
POLICY 3: Shoreline developments shall be
designed to enhance scenic views.
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ECONOMIC DEVELOPMENT (Continued)
OBJECTIVE 3: Plan development of all land
contiguous to the water's edge
so that public access and use
of the shoreline is enhanced.
POLICY 1: Shoreline-oriented economic
development should be located
in shoreline areas where other
economic development already
exists.
POLICY 2: Shoreline-related economic
activities and uses shall mini-L.
mize and cluster the water-
dependent portion of their
development along the shore-
line and place inland all
facilities which do not require
a water's edge location.
POLICY 3: Multiple-use of economic develop-
ments on the shoreline shall be
encouraged to provide public
recreational opportunities and
access to the shoreline. ·
OBJECTIVE 4: Shoreline development shall be
planned to protect and enhance
the use of the waterway by the
public.
POLICY 1:· Permit over water structures only
when in the public interest.
PUBLIC ACCESS ELEMENT
This is an element for assessing the need for providing public access to shoreline areas.
GOAL: Make the river's edge available to the public,
OBJECTIVE 1: Provide improved public access
to the river's edge.
POLICY 1: The City and/or other govern-
ment agencies when feasible
shall acquire and develop pro-
perty to provide public access
to the water's edge at a mini-
mum of one access point per mile
(six per side).
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EXI~il!-1<1" J DilLE
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PUBLIC ACCESS ELEMENT (Continued)
POLICY 2: Publicly-owned shoreline areas
shall provide public access to
the water's edge where feasible.
POLICY 3: New shorelines subdivisions
and Planned Unit Developments
(PUD's) shall provide public
access to the water's edge.
POLICY 4: No property shall be acquired
for public use without just
compensation to the owner.
POLICY 5: Access points should be devel-.
oped for diversified recrea-
tional use.
POLICY 6: Parking spaces shall be pro-
vided to handle the designed public use of the access point ____________ ,
and designed to have a minimum
impact on the natural environ-,
ment.
POLICY 7: Access points shall be designed
and screened to create the mini-
mum objectionable impact on the
adjoining property.
OBJECTIVE 2: Provide a continuous trail system
along the shoreline where feasible.
POLICY 1: Public non-motorized trails
shall be provided connecting
access points.
POLICY 2: The shoreline trail system shall
be designed to avoid conflict
with private property rights and
to create the minimum objectionable
impact on the adjoining property.
OBJECTIVE 3: Provide dike setbacks for river
level access parks.
POLICY 1: The City and/or other govern-
mental agencies when feasible
shall acquire and develop property '
to provide a minimum of two river
level access areas by dike setbacks
!
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PUBLIC ACCESS ELEMENT (Continued)
OBJECTIVE 4: Any development adjacent to
private property will be de-
signed so as to screen and
protect against intrusions
from the public activities.
POLICY 1: The Kent Hearing Examiner
shall review·all public access
developments to insure that the
rights and privacy of the ad-
joining property owners are
protected.
CIRCULATION ELEMENT
This is an element for assessing the location and extent of existing and proposed major
thoroughfares, transportation routes, terminals and other public facilities and corre-
lating those facilities with the shoreline use elements.
GOAL: Provide for non-motorized and pedestrian circulation along and across the shore-
line which minimizes the effect on the river environment.
OBJECTIVE 1: Provide connections for public
transportation at shoreline
access points.
POLICY 1: The City shall assist in facili-
tating access by public trans-
portation to recreation areas
on the shoreline.
OBJECTIVE 2: Restrict motor vehicle traffic
in shoreline areas.
POLICY 1: Motor vehicle traffic shall
be restricted to existing two-
lane roadways.
POLICY 2: Motorized vehicles are not to
be used on the trail system.
POLICY 3:~ Shoreline roadways shall be
planned and developed as scenic
boulevards for slow-moving traffic.
OBJECTIVE 3: Minimize construction of motor-
ized cross-river arterials.
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.. -···-----
CIRCULATION ELEMENT (Continued)
POLICY 1: The City and/ or other govern-
mental agencies shall actively
explore alternatives to addi-
tional cross-river arterials.
OBJECTIVE 4: Provide a continuous trail
system along the entire shore-
line where feasible.
POLICY 1: The City shall develop and imple-
ment in an orderly manner a plan
of acquisition, lease, and
donation of land for trails.
POLICY 2: The trail system shall be
separated from the roadway.
POLICY 3: The trail system should have
connections to other trails
in the region.
POLICY 4: Access point to and along the
shorelines should be linked
by a system of trails.
POLICY 5: To assist in developing a trails
system, incentives shall be
offered to property owners
for providing setbacks.
POLICY 6: The trail system shall be
included on all new or expanded .
motorized river crossings.
POLICY 7: Provide trail system bridges
where needed and when feasible.
POLICY 8: The shoreline trail system
shall be designed to avoid
conflict with private property
rights.
RECREATIONAL ELEMENT
_,L,, ......... ~Te. WITtt
liXJ"S>Tili'r .AND PRPf'OSeO
Pe:Pe ... "Tii!!IAH SY(o1Et-1&
This is an element for the preservation and expansion of recreational opportunities
through programs of acquisition, development and various means of less-than-fee
acquisition.
GOAL: Maximize public recreational opportunities along the shoreline.
3-5
RECREATIONAL ELEMENT (Continued)
OBJECTIVE 1: Provide a regional, riverfront
park system along the shoreline.
POLICY 1: The acquisition and development
of regional parks is the respon-
sibility of Federal, State,
County and local governments.
POLICY 2: The City's Park and Recreation
Department shall take action
to interest State, Federal and
County government in the City's
Action Program to acquire and
develop a regional riverfront
park system.
POLICY 3: It will be the policy of the
City that a minimum of 25% of
the river's edge be made avail-
able for public recreation.
This may include City, County,
State and privately-owned rec-
reational facilities open to
the public.
POLICY 4: No property shall be acquired
for public use without just
compensation to the owner.
POLICY 5: Any public development adja-
cent to private property shall
be designed to protect the
rights and privacy of the
private property owners.
POLICY 6: Provide a trail system along
entire shoreline where feasible.
OBJECTIVE 2: Provide a series of larger
parks interspersed along the
narrow linear park which would
provide diverse recreational
opportunities for the region.
POLICY 1: Provide larger parks for river
access, interpretive natural
areas, picnic areas, open play
areas, quiet natural areas,
restrooms, parking, etc.
3-6
--~------
RECREATIONAL ELEMENT (~ontinued} .
POLICY 2: Employ diking setbacks at
favorable locations to pro-
vide larger river level parks,
OBJECTIVE 3: Provide public fishing areas
along the shoreline.
POLICY 1: The City when feasible shall
acquire property and shall
encourage the State Game
Department to acquire pro-
perty to provide fishing areas
and accesses.
'OBJECTIVE 4: Encourage private development
of shoreline-dependent public
recreation located outside the
public park area.
POLICY 1: Non-motorized recreational
boating facilities shall by
encouraged as long as they are
compatible with other uses and
the natural environment.
SHORELINE USE ELEMENT
This is an element for cons·idering:
I I
( ·,
1. The pattern of distribution and location requirements· of ·land uses on shorelines
and adjacent areas, including, but not limited to, housing, commerce, industry,
transportation, public buildings and utilities, agriculture, education and
natural resources.
2. The pattern of distribution and location requirements of water uses including, but
not limited to, aquaculture, recreation and transportation.
GOAL: Minimize non-water-oriented uses and uses which would adversely affect the
shoreline environment.
OBJECTIVE 1: Promote agricultural and
other open space uses,
POLICY 1: Support applications for
current use taxation for
those agricultural and open
space developments along
the.shoreline through RCW 84.34. ·
OBJECTIVE 2: Promote diverse recreational
development and use.
3-7
I
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I .,
SHORELINE USE_ELEMENT (Continued)
POLICY 1: The City shall encourage
the incorporation of public
recreational uses into shore-
line developments.
POLICY 2: Multiple use of shorelines
especially recreational uses,
shall be planned where loca-
tion and integration of com-
patible uses or activities
are feasible.
OBJECTIVE 3: Provide and plan for the
long-range relocation of
existing non-recreation,
non-open space and non-
water-related uses.
POLICY 1: Those uses or activities
identified as being non-
recreation, non-open space
and non-water related shall
be encouraged to relocate.
OBJECTIVE 4: Permit only uses of the
shorelines that enhance the
environmental qualities.
POLICY 1: The City shall encourage the
clustering of like or compa-
tible shoreline uses.
POLICY 2: Potential long-term effects
on the shoreline shall take
precedence over short-term
economic gain or convenience
in development.
CONSERVATION ·.ELEMENT
This is.an element for the preservation of the natural shoreline resources, consider-
ing such characteristics as scenic vistas, parkways, estua~ine areas for fish and
wildlife protection, beaches and other valuable natural or aesthetic features.
GOAL: Encourage the preservation and restoration of the natural resources of the
shoreline.
OBJECTIVE 1: Preserve and restore the
remaining natural resources
3-8
CONSERVATION ELEMENT (Continued)
of the shoreline such as wild-•
life habitats, fishery resources,.
beaches, natural vegetation and
other fragile elements, when
feasible.
POLICY 1: Aquatic habitats and spawn-
ing grounds shall be protected,
improved and, if feasible,
increased.
POLICY 2: Wildlife habitats shall be
protected, improved, and,
if feasible, increased.
POLICY 3: Further stream bed distur-
bance shall be minimized.
POLICY 4: The areas between the water-
line and setback levees should
be acquired and dedicated as
public recreation sites.
POLICY 5: Additional riverbank protec-
tion (wet side) shall be sloped
to allow escapement of fish
after high water.
OBJECTIVE 2: Preserve areas of scenic
and aesthetic qualities for
park and. recreational purposes.
POLICY 1: Discourage development in
unique or fragile areas.
OBJECTIVE 3: Prevent further deterioration
of water quality and encourage
water quality improvement.
POLICY 1: No additional untreated
effluent or other pollutants
shall be discharged into the
river.
POLICY 2: The City and other govern-
ment agencies shall aggressively
enforce all governmental water
quality regulations.
3-9
CONSERVATION ELEMENT (Continued)
OBJECTIVE 4: Promote the restoration of the
shoreline to a natural aspect.
POLICY 1: Stream-bank protection works
(wet side) shall be limited to
those areas where existing struc-
tures are endangered by bank
erosion.
POLICY 2: Encourage the re-establishment
of natural vegetation along the
shoreline.
POLICY 3: Prevent the cutting of trees and
natural vegetation along the river
bank unless necessary for public
safety or public access.
HISTORICAL/CULTURAL ELEMENT
This is an element for protection and restoration of buildings, sites and areas having
historic, cultural, educational or scientific values.
GOAL: Preserve features of historical, cultural and educational significance.
OBJECTIVE 1: Identify features of histori-
cal, cultural and educational
value.
POLICY 1: Encourage local institutions
to discover, assess and catalog
historic and cultural sites.
OBJECTIVE 2: Encourage and provide for the
restoration, development and inter-
pretation of historical, cultural
and educational sites.
POLICY 1: Shoreline areas having historic,
cultural, educational or scientific
value should be designated, acquired,
protected, and restored.
POLICY 2: Access to historic and cultural
sites should be made available to
the general public.
POLICY 3: Public and private cooperation
shall be encouraged in site
preservation and protection.
3-10
HISTORICAL/CULTURAL ELEMENT (~~ntinued)
POLICY 4: Signs pr plaques shall be install-
ed to inform the public of the
significance of the site.
OBJECTIVE 3: Prevent the destruction of fea-
tures of potential historical,
cultural and educational signifi-
cance.
POLICY 1: The City may restrict the develop-
ment for up to two months of
suspected significant sites and
newly discovered sites so that ·
their significance can be deter-
mined.
POLICY 2: Prime sites·shall become high
priority for acquisition by the
City.
POLICY 3: No property shall be acquired for
public use without just compensa-
tion to the owner.
FLOOD CONTROL ELEMENT
.,
This is an element for the location and design of flood control works on the shorelines.
GOAL: Ensure future flood control works are in the public benefit.
OBJECTIVE 1: Investigate the necessity of
proposed flood control works.
POLICY 1: Require an Environmental Impact
Statement on any flood control
project with a thorough consider-
ation of alternative actions.
OBJECTIVE 2: Require that flood control works
are designed for multiple use.
POLICY 1: Public rights to access to the
flood control works shall be
acquired prior to construction.
POLICY 2: Flood control projects shall be
designed to maximize open space
elements which are not subject
to extensive flood damage, such
as parks and agriculture.
3-11
' .,
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FLOOD CONTROL ELEMENT (Continued)
POLICY 3: Flood control projects shall
be designed to provide diverse
public recreational opportuni-
ties, such as fishing, swimming,
boating, viewing, etc.
POLICY 4: Flood control works shall be
designed to minimize negative and
maximize positive impacts on the
natural environment and wildlife
habitat.
POLICY 5: No property shall be acquired
for public use without just com-
pensation to the owner.
OBJECTIVE 3: Require that flood control works
are designed for a pleasing
appearance.
POLICY 1: Flood control works shall be
designed so as to minimize harsh,
unnatural appearances.
POLICY 2: Flood control projects shall be
designed, landscaped and planted ,
to maximize a natural shoreland
appearance, public access, and
public recreation.
POLICIES APPLICABLE TO EACH USE ACTIVITY
S\\ffi
The following_matrix shows the policies that apply to each use activity:
3-12
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3-16
' 0
Chapter 4
ENVIRONMENTS
Because of the existing development pattern, the homogeneity of the
biophysical capabilities and limitations of the Kent Green River
Shorelines, and the goals and aspirations of the local citizenry,
most of the shoreline within the City limits has been designated as
urban environment except £or one area-designated rural and~· several
designated conservancy in subsequent amendments to the Shoreline
Master Program.
URBAN ENVIRONMENT
For the purposes of Kent's Master Program, the urban environment is
defined as an area of basically high-intensity, diverse land use,
including residential, commercial, industrial, agricultural, and
recreational development. It is intended that this designation permit
a multiplicity of water-related land uses to ach1eve optimum utiliza-
tion of the City's shorelines, while managing development so that it
enhances and maintains the shorelines for public enjoyment and use.
The urban environment as defined here for Kent's Master Program is
therefore consistent with the management objectives and features
established for such environments in the State's Guidelines 'WAC
173-16-040 (4) (b) (IV) in that it:
o provides for intensive public use of the shorelines by
establishing a riverfront park system;
o emphasizes the future economic development of the shorelines
in areas where economic development already occurs;
o emphasizes the only water-related development shall occur
within the shoreline;
o emphasizes that all shoreline development should enhance the
environment and provide both visual and physical access;
o provides for increased public access to the water by establish-
ing access points in the riverfront park system;
o encourages multi-purpose use of the shorelines to permit
pedestrian shoreline activities;
o provides for linking of all access points, parks and other
areas of public interest by means of a trail system.
CONSERVANCY ENVIRONMENT
Use Regulations: All uses but recreation are prohibited.
APPROVED BY DEPARTMENT OF ECOLOGY
12/23/78
RURAL ENVIRONMENT
1. Purpose
The purpose of the rural environment is to restrict intensive
development along undeveloped shorelines of the Green River,
function as a buffer between urban areas, and maintain open
spaces and opportunities for;xecreational uses along the Green
River by providing adequate setbacks from the river.
2. Use Regulations
The use regulations presently contained in Kent's Shoreline
Master Program shall apply to the rural environment except as
noted below:
Exceptions:
Setbacks -except for marinas and piers, no structure,
parking lot, truck maneuvering area or storage area shall
be located closer than 75 feet to the ordinary high water
mark of the Green River (as measured on the horizontal
plane) •
DEPARTMENT OF ECOLOGY .l!,PPROVED
4/10/79
4-2
CHAPTER 5
USE REGULATIONS
Use regulations are the legal tools for carrying out the intentions
specified in the policies for each use activity; they can be imple-
mented and actually influence how things are done on the shorelines.
The strength of their influence depends on how well they are enforced.
The use regulations developed for the Kent Green River Shoreline
Master Program are derived directly from the policies that apply to
each use activity. Each policy was rewritten as a condition for
obtaining a Shoreline Development Permit, and as such constitute
performance standards to be met by the developers. Some of the
conditions are designated as mandatory requirements for the various
use activities, while others are regarded as supplementary conditions,
some of which should be met.
After these performance standards were developed, it was obvious
that some of them were too general to indicate what specific actions
or designs would be required or prohibited. Therefore, additional
use regulations were formulated through research of regulations
established in other Shoreline Programs, or suggested by the Depart-
ment of Ecoiogy and the Environmental Protection Agency. Because
Kent has designated the entire shoreline as an urban environment,
each of the use activities will be regulated un~formly.
ALL SHORELINE USES MUST CONFORM TO THE FOLLOWING GENERAL MINIMUM
REQUIREMENTS:
1. The use does not conflict with the goals, objectives and policies
of the Master Program.
2. The use is consistent with the regulations of the City of Kent
Zoning Code and is a Principally Permitted, Special Permit, or
Accesso:t;y use in the underlying zoning district.
·or
The use is a conditional use in the underlying zoning district
and a conditional use permit has been approved.
3. These use regulations·may not be construed to lessen the require-
ments of any other City regulations.
4. The use will be·designed and situated so as to conform to the
Development Standards of the underlying zoning district.
5. No structure shall exceed two stories or twenty-five feet in
height.
5-l
DEPARTMENT OF ECOLOGY APPROVED
NO. 6 THROUGH NO. 20
12/10/80
6. One 20-foot wide public pedestrian/bicycle access from a
public road to the riverfront shall be provided for every
1,000 feet of river ·frontage or scenic drive frontage.
7. One off-street public parking space shall be provided for
every 175 feet of river frontage or scenic drive frontage.
Parking space(s) shall conform to Off-Street Parking Stan-
dards in Chapter 4 of the Kent Zoning Code.
8. A public access easement or land dedication shall be granted
on riverfront land beginning at the ordinary high water line
and extending landward to a point at least 50 feet from the
centerline of an existing dike or 50 feet from the ordinary
high water line where there is no existing dike, whichever
is the greater distance inland.
9. Loading docks shall not be located on river-facing sides of
buildings.
10. The applicant must establish and show on the development Qr
subdivision plan a "building setback line" along the Green
River. This line will establish the limits of all buildings,
fencing, and impervious surfacing along the Green River. The
standards for establishing the building limits line shall be
as follows:
o In residential zones, the building setback line shall be
a minimum distance of 100 feet from the ordinary high water
line, or 60 feet from the R.O.W. of a scenic and recreational
drive, or 75 feet from·the centerline of a dike, whichever
is the greater distance inland from the river.
In order to avoid development which creates a "wall" of
buildings along the minimum setback distance, the building
setback line shall not coincide with the minimum setback
distance for more than 50% of its length. Variations from
the minimum setback line shall occur at intervals not to
exceed 200 feet. Variations shall not be less than 20 :
feet and the average distance of the building setback line
shall not be less than 150 feet from the ordinary high
water line.
o In commercial and industrial zones the building setback
line shall be a minimum distance of 200 feet from the
ordinary high water line.
5-2
In order to avoid development which creates a "wall" of
buildings along the minimum setback distance, the build~
ing lengths, on the riverfront side, shall be limited to
200 feet.
o The building setback line shall take into account the need
for visibility of the riverfront park system from public
roads at access points.
11. Development shall maintain or establish a permanent vegetative
buffer of trees and shrubs between the development or the river.
OR, between the development and any flood control structure or
riverfront road or riverfront park or "unique and fragile"
area, such buffer having an average width of twenty-five feet
along the length of the shorel1ne and minimum width of fifteen
feet. Existing unsightly land uses along the Green River shall
have a permanent vegetative buffer establish between themselves
and the river within two years of time of adoption of these
regulations. These unsightly uses shall include: material
storage, truck maneuvering areas, equipment parking, junk
yards, refuse storage and other such visually objectionable
uses.
12. Landscape screening and buffer strips shall be planted so as
to be harmonious with those already planted on adjacent proper-
ties and consistent with the Kent Landscaping Requirements.
13. No cutting, damage, or removal of trees in the Shoreline
Zone over four inches in caliper {as measured 12 inches above
their mean ground elevation} will permitted.
14. There shall be no disruption o·r destruction of areas identified
as "unique a~d fragile" in the Kent Shoreline Master Program,
OR, in the event that disturbance is demonstrated to be unavoid-
able, disruption or destruction shal1 be "fully mitigated" by
the applicant through complete land reclamation and restoration
of vegetation. Dikes or levees will be set back around "unique
and fragile" areas. The "unique and fragile" areas shall be
clearly defined on a detailed map.
15. The applicant shall follow any applicable recommendations
of the State Department of Fisheries and state Department of
Game for preventing and mitigating adverse impacts on fish
and wildlife resources and enhancing wildlife habitat.
16. If public funds are used in the construction of flood control
works (dikes, levees, flood walls}, public rights~of-access
to such works are required prior to construction.
s-a
17. Surface drainage facilities such as drainage channels and
retention areas shall be designed, where feasible, to be
integral parts of any common trail and open space system
connections to the riverfront.
18. There shall be no over-water structure unless it is demon-
strated that such structure is needed to protect or promote
the public interest, or will enhance public access and enjoy-
ment of the Green River.
19. Where a need for an over-water crossing has been demonstrated,
such crossing shall (a) provide or allow for a safe pedestrian
access under the bridge wherever the bridge crosses a potential
river trail route identified in the Kent Green River Corridor
Plan (1980); and (b) in the case of public roads, provide
a safe pedestrian river crossing having a width of no less
than six feet.
20. Applicant shall locate uses on riverfront lots which will
benefit from a riverfront location and contribute to a park-
like atmosphere along the riverfront. such uses may include
but are not limited to the following:
residences
club houses/meeting rooms
resident recreational facilities
employee recreational facilities
lunchrooms
offices
light manufacturing
research and development facilities
restaurants
limited convenience commercial with river orientation
5-~
AGRICULTURAL. PRACTICES
For the purposes of the Shoreline Master Program, Agricultural Prac-
tices are those methods used in vegetation and soil management, such
as tilling of soil, control of weeds, control of plant diseases and
insect pests, soil maintenance and fertilization.
AGRICULTURAL PRACTICES, WHEN PEPMITTED BY THE ZONING DISTRICT, SHALL
BE PERMITTED WITHIN THE SHORELINE ONLY WHEN THE FOLLOWING STANDARDS
ARE MET:
1. There is no disruption of trees or natural vegetation along the
riverbank unless necessary for public safety or public access.
2. A permanent buffer strip of natural vegetation, no less than
twenty (20) feet in width, shall be maintained between any tilled
or pasture area and the ordinary high water mark of the river.
3. Any water-dependent portion of the development shall be minimized
and clustered along the shoreline. All other facilities shall
be located inland.
4. Erosion control measures consistent with the standards of the
Soil Conservation Service, U.S. Department of Agriculture, shall
be utilized.
5. Apply, where applicable, the operational guidelines for livestock
waste management found in "Livestock Waste Management Guidelines"
(EM 3479), Cooperative Extension Service, w.s.u., June, 1971,
or in "Guidelines for Handling Livestock Wastes for Western
washington" to be issued by the Department of Ecology.
6. The use of any pesticides, herbicides and/or fertilizers must
be consistent with the standards and regulations of the Washington
State Department of Agriculture, Washington State Department of
Ecology and the Federal Environmental Protection Agency.
7. No additional untreated pollutants (as designated by the tederal
Environmental Protection Agency or Washington state Department
of Ecology) shall be dischargeq into the river.
8. All governmental water quality regulations shall be strictly
complied with.
9. No over-water structure shall be included .unless it is clearly
demonstrated that such a structure is needed to protect or promote
the public interest.
10. It shall not occur on a site of suspected historical significance
until the City has determined the actual significance of the site.
This determination must be made within two months.
5-5
11. It does not occur in unique or fragile areas.
IN ADDITION TO THE ABOVE, THE APPLICANT SHOULD BE GUIDED BY THE
FOLLOWING PRINCIPLES:
1. Public recreational opportunities and access to the shoreline
are provided; however, no property will be acquired for public
use without just compensation to the owner.
2. Setbacksfor trails are provided; however, no property will be
acquired for public use without just compensation to the owner.
3. Public ,recreational uses are incorporated; however, no property
will be acquired for public use without just compensation to
the owner.
4. It locates with, or permits the integration of, compatible uses
or activities, especially recreational uses.
5. It clusters with like or compatible shoreline uses.
6. Wildlife habitats are protected or increased.
7. The reestablishment of natural vegetation along the shoreline
is encouraged.
8. Beneficial long-term community interests are enhanced over short-
term private economical gain or convenience.
AQUACULTURE
For purposes of the Shoreline Master Program, Aquaculture is the
culture or farming of food fish, shell fish, or other aquatic plants
and animals. ·
AQUACULTURE IS NOT APPLICABLE TO THE GREEN RIVER SHORELINE, HENCE
NO REGULATIONS ARE NECESSARY •
. \ FOREST MANAGEMENT PRACTICES
For purposes of the Shoreline Master Program,:ForestManagement Prac-
tices are those methods used for the protection, production and
harvesting of timber.
FOREST MANAGEMENT IS NOT APPLICABLE TO THE GREEN RIVER SHORELINE,
HENCE NO REGULATIONS ARE NECESSARY.
5-6
COMMERCIAL DEVELOPMENT
Commercial Developments for the purposes of the Shoreline Master
Program, are those uses which are involved in wholesale and retail
trade or business activities.
COMMERCIAL DEVELOPMENT, WHEN PERMITTED BY THE ZONING DISTRICT, SHALL
BE PERMITTED WITHIN THE SHORELINE ONLY WHEN THE FOLLOWING STANDARDS
ARE MET:
1. No over-water structure is included unless it is clearly demon-
strated that such a structure is needed to protect or promote
the public interest.
2. There is no disruption of trees or natural vegetation along the
riverbank unless necessary for public safety or public access.
3. Public access along the water's edge is provided; however, no
property will be acquired for public use without just compen-
sation to the owner.
4. Wildlife habitats are protected.
5. No additional untreated pollutants (as designated by the Federal
Environmental Protection Agency or the Washington State Department
of Ecology) shall be discharged into the river.
6. All governmental water quality regulations are complied with.
7. Any water-dependent portion of the development is minimized and
clustered along the shoreline and all facilities which do not
require a water's edge location are placed inland.
8. It locates with, or permits the integration of, compatible uses
or activities, especially recreational uses.
9. No motor vehicle parking area is located closer than fifty (50)
feet to the ordinary high water mark.
10. Ten (10) percent of the interior of all parking areas shall be
landscaped.
11. All parking.areas shall be surrounded by a sight-obscuring screen
at least six (6) feet in height, except at ingress-egress points.
This screen shall consist of permanently maintained landscaping
and/or suitable fencing.
12. The drainage from all driveways and parking areas shall be approved
by the Kent Public Works Department.
13. There shall be a twenty (20) foot minimum side yard and rear yard
requirement unless greater yard requirements are prescribed by the
-zoning Code.
5-7
14. It does not occur in unique or fragile areas.
15. Erosion control measures, consistent with the standards estab-
lished by the Soil Conservation Service, U.S. Department of
Agriculture are utilized.
16. It does not occur on sites of suspected historical, cultural,
or educational significance until the City has determined the
actual significance of the site. This determination must be
made within two months.
IN ADDITION TO THE ABOVE, THE APPLICANT SHOULD BE GUIDED BY THE
FOLLOWING PRINCIPLES:
1. Development shall occur along the shoreline only after develop-
ment has already occurred in the immediate vicinity.
2. Public recreational opportunities and access to the shoreline
are provided; however, no property will be acquired for public
use without just compensation to the owner.
3. Setbacks for trails are provided; however, no property will be
acquired for public use without just compensation to the owner.
4. Non-motorized recreational boating facilties that are compatible
·with other uses and the natural environment are provided; however,
no property will be acquired for public use without just compen-
sation to the owner.
5. It incorporates public recreational uses; however, no property
will be acquired for public use without just compensation to
the owner.
6. It is an addition to existing non-recreational, non-open space,
or non-water-related use or activity.
7. It encourages the reestablishment of natural vegetation along
the shoreline. ··
8. It clusters with like or compatible shoreline uses.
9. Beneficial long-term community interests are enhanced over short-
term private economical gain or convenience.
10. It enhances the quality of the environment.
5-8
MARINAS
For purposes of the Shoreline Master Program, Marinas are facilities
which provide boat launching, storage, supplies and services for
small pleasure craft. With regard to Green River, this applies only
to non-motorized recre·a·t·iona·l pl·e·a·stire ·craft.
MARINAS, WHEN PERMITTED BY THE ZONING DISTRICT, SHALL BE PERMITTED
WITHIN THE SHORELINE ONLY WHEN THE FOLLOWING STANDARDS ARE MET:
1. An application for a "Special Use Combining District" is approved
as per the requirements of the City of Kent Zoning Code (Section
3.20).
2. Plans for the protection of fish resources during construction
and operation of the facility shall be submitted and approved by
those governmental agencies having jurisdiction over those fish
resources (i.e. Washington State Department of Fish and Game).
3. It protects or improves wildlife habitats as well as aquatic
habitats.
4. Stream bed disturbance is minimized.
5. No additional untreate~ pollutants (as designated by the Federal
Environmental Protection Agency or Washington State Department
of Ecology) shall be discharged into the river.
6. All governmental water quality regulations are complied with.
7. It does not occur in unique or fragile areas.
8. The water-dependent portion of the development shall be minimized
and clustered along the shoreline and all facilities which do not
require a water's edge location are placed inland.
9. It provides public access to the shoreline; however, no property
will be acquired for public use.without just compensation to the
owner.
10. It provides a trail right-of-way to and along the shoreline; however,
no property will be acquired for public use without just compen-
sation to the owner.
11. Any over-water structure is demonstrated to be in the public
interest.
12. All motor vehicle parking areas meet the requirements of the
"Commercial Development" parking areas (p. 5-8).
13. It does not occur on si'tes of suspected historical/cultural or
educational significance until the City has determined the actual
significance of the site. This determination must be made within
two (2) months.
5-.9
IN ADDITION TO THE ABOVE, THE APPLICANT SHALL BE GUIDED BY THE FOLLOW-
ING PRINCIPLES:
1. It locates with, or permits the integration of, compatible uses
or activities, especially recreational uses.
2. Development shall occur along the shoreline only after develop-
ment has already occurred in the immediate vicinity.
3. It enhances the quality of the environment.
4. Beneficial long-term community interests are enhanced over short-
term private economical gain or convenience.
5. Public recreational uses are incorporated; however, no property
will be acquired for public use without just compensation to the
owner.
OUTDOOR ADVERTTSING, SIGNS "AND BILLBOARDS
For purposes of the Shoreline Master Program, signs are publicly
displayed boards whose purpose is to provide information, direction,
or advertising. Unless otherwise specifically noted, all outdoor
advertising shall comply with the size, height, illumination, number,
and type requirements of the City of Kent Zoning Cod~ (Chapter 5).
OUTDOOR ADVERTISING, SIGNS AND BILLBOARDS SHALL BE PERMITTED ON THE
SHORELINE ONLY WHEN THE FOLLOWING STANDARDS ARE MET:
1. Off-premise advertising signs, together with all signs prohibited
by Section 5.3 of the City of Kent Zoning Code, are prohibited.
2. It enhances scenic views and does not impair visual access to
the water or degrade any vista or viewpoint.
3. It does not include an over-water structure unless it is clearly
demonstrated that such a structure is needed to protect or promote
the public interest.
4. It protects or increases wildlife habitats (i.e. pole-type signs
must have a landscaped area around them).
5. It does not occur in unique or fragile areas.
6. · There will be no disruption of trees or natural vegetation along
the riverbank unless necessary for public safety, or public
access.
7. It does not occur on sites of suspected historical, cultural,
or educational significance until the City has determined the
actual significance of the site. This determination must be
made within two (2) months.
5-10
RESIDENTIAL DEVELOPMENT
For purposes of the Shoreline Master Program, Residential D~velop
ment includes any residential use not specifically exempted from
the Shoreline Management Act, as well as the actual subdivision of
land.
RESIDENTIAL DEVELOPMENT, WHEN PERMITTED BY THE ZONING DISTRICT,
SHALL BE PERMITTED WITHIN THE SHORELINE ONLY WHEN THE FOLLONING
STANDARDS ARE MET:
1. Any water-dependent portion of the development is minimized and
clustered along the shoreline and all facilities which do not
require a water's edge location are placed inland (i.e. Planned
Unit Development) •
2. No over-water structure is included unless it is clearly demon-
strated that such a structure is needed to protect or promote
the public interest.
3. Public access along the water's edge is provided; however, no
property will be acquired for public use without just compensa-
tion to the owner.
4. It protects wildlife habitats.
5. It does not occur in unique or fragile areas.
6. No additional untreated pollutants (as designated by the Federal
Environmental Protection Agency or Washington State Department
of Ecology) shall be discharged into the river.
7. All governmental water quality regulations shall be complied
with.
8. Reestablishment of natural vegetation along the shoreline is
provided.
9. There will be no disruption of trees or natural veget~t±on~~long
the riverbank unless necessary for public safety.
10. It locates with or permits the integration of compatible uses
or activities, especially recreational uses.
11. All parking areas are designed to comply with the standards for
parking areas specified under "Commercial Development" (Nos. 9,
10, 11, and 12 p. 5-8).
12. It does not occur on sites of suspected historical, cultural
or educational significance until the City has determined the
actual significance of the site. This determination must be made
within two (2) months.
5-11
DEPARTMENT OF ECOLOGY APPROVED
NO. 13
12/10/80
13. In residential zones, the following visually objectionable or
high noise uses or activities shall be kept at least 100 feet
from the ordinary high water line, 75 feet from the centerline
'.
of the dike, or 60 feet from the R.o.w. of a scenic drive, which-
ever is the greater distance inland, and shall be screened from
these by buildings (preferred), dense planting, or earth berming:
non-automobile parking, loading docks, truck service roads,
machinery.
In commercial and industrial zones, the following visually ob-
jectionable or high-noise uses or activities shall be kept at
least 200 feet from the ordinary high water line, and shall be
screened from these by buildings (preferred), dense planting,
or earth berming: non-automobile parking, loading docks, truck
service roads, and machinery.
These requirements are not for parking facilities strictly for
the benefit of public access to the Green River.
Existing developments which have the visually objectionable uses
mentioned above shall, within two years, establish a "Type I
Solid Screen" between the objectionable use and the river.
IN ADDITION TO THE ABOVE, THE APPLICANT SHOULD BE GUIDED BY THE FOLLOW-
ING PRINCIPLES:
1. Public recreational opportunities and access to the shoreline
is provided; however, no property will be acquired for public
use without just compensation to the owner.
2. Right-of-way for trails are provided; however, no property will
be acquired for public use without just compensation to the
owner.
3. Public recreational uses are incorporated; however, no property
will be acquired for public use without just compensation to the
owner.
4. Development shall occur along the shoreline only after develop-
ment has already occurred in the immediate vicinity.
5. Beneficial long-term community interests are enhanced over short-
term private economic gain or convenience.
5-12
UTILITIES
For purposes of the Shoreline Master Program, Utilities are services
which produce and carry electric power, gas, sewage, communications,
water and oil.
UTILITIES, AS PERMITTED BY THE ZONING DISTRICT, ARE PERMITTED WITHIN
THE SHORELINE ONLY WHEN THE FOLLOWING STANDARDS ARE MET:
1. It does not include an over-water structure unless it·is clearly
demonstrated that such a structure is necessary to protect or
promote the public interest.
2. It minimizes and clusters the water-dependent portion of its
development along the shoreline and places inland all facili-
ties which do not require a water's edge location.
3. It locates with or permits the integration of, compatible uses
or activities, especially recreational uses.
4. Erosion control measures consistent with the standards estab-
lished by the Soil Conservation Service, u.s. Department of
Agriculture shall be utilized.
5. Setbacks for trails are provided; however, no property will be
acquired for public use without just compensation to :the owner.
6. Wildlife habitats are protected.
7. Stream bed disturbance is minimize~.
8. It does not occur in unique or fragile areas.
9. No additional untreated pollutants (as designated by the Federal
Environmental Protection Agency or Washington State Department
of Ecology) shall be discharged into the river.
10. All governmental water quality regulations are complied with.
11. There is no disruption of trees or natural vegetation along the
riverbank unless necessary for public safety or public access.
12. It does not occur on sites of suspected historical, cultural
or educational significance until the actual significance of
the site has been determined by the City. This determination
must be made within two (2) months.
13. Reestablishment of natural vegetation along the shoreline is
provided.
5-13
DEPARTMENT OF ECOLOGY APPROVED
NO. 14
12/10/80
14. Overhead utilities will not be allowed unless underground place-
ment is clearly demonstrated to be infeasible.
IN ADDITION TO THE ABOVE, THE APPLICANT SHOULD BE GUIDED BY THE
FOLLOWING PRINCIPLES:
1. Public recreational opportunities and access to the shoreline
is provided; however, no property will be acquired for public
use without just compensation to the owner.
2. Public recreational uses are incorporated; however, no property
will be acquired for public use without just compensation to the
owner.
3. Development shall occur along the shoreline only after develop-
ment has already occurred in the immediate vicinity.
4. Public access is provided where feasible; however, no property
will be acquired for public use without just compensation to
the owner.
5. Scenic views are enhanced.
6. It is clustered with like or compatible shoreline uses.
7. Beneficial long-term community interests are enhanced over short-
term private economic gain or convenience.
8. The quality of the environment is enhanced.
PORTS AND WATER RELATED INDUSTRY
For purposes of the Shoreline Master Program, Ports are centers for
water-borne traffic and as such have become gravitational points
for industrial/manufacturing firms.
WITH REGARD TO THE GREEN RIVER SHORELINE, PORTS AND WATER-RELATED
INDUSTRY ARE GENERALLY NON-APPLICABLE. THE REGULATIONS FOR "COM-
MERCIAL DEVELOPMENT" WILL, THEREFORE, BE USED IF A PERMIT FOR AN
INDUSTRIAL USE IS APPLIED FOR.
5-1~
BULKHEADS
For purposes of the Shoreline Master Program, Bulkheads or seawalls
are structures erected parallel to and near the high water mark for
the purpose of protecting adjacent uplands .from the action of waves
or currents.
BULKHEADS ARE NOT APPLICABLE TO THE GREEN RIVER SHORELINE, HENCE NO
REGULATIONS ARE NECESSARY.
BREAKWATERS
For purposes of the Shoreline Master Program, Breakwaters are another
protective structure usually built off shore to protect beaches,
bluffs, dunes or harbor areas from wave action.
BREAKWATERS ARE NOT APPLICABLE TO THE GREEN RIVER SHORELINE, HENCE
NO REGULATIONS ARE NECESSARY.
JETTIES AND GROINS
Jetties and Groins are structures designed to modify or control sand
movement.
JETTIES AND GROINS ARE GENERALLY NOT APPLICABLE TO THE GREEN RIVER
SHORELINE. THE REGULATIONS FOR "SHORELINE PROTECTION" WILL, THERE-
FORE, BE :~US.ED. IF A PERMIT FOR A JETTY OR GROIN IS APPLIED FOR.
LANDFILL
For purposes of the Shoreline Master Program, Landfill is the creation
of dry upland area by the filling or depositing of sand, soil or
gravel into a wetland area.
LANDFILLS, CONSISTENT WITH OTHER CITY REGULATIONS, ARE PERMITTED
WITHIN THE SHORELINE ONLY WHEN THE FOLLOWING STANDARDS ARE MET:
1. Stream bed disturbance is minimized.
2. It protects or improves wildlife habitat.
3. It protects or improves aquatic habitats and spawning grounds.
4. Beneficial long-term community interests are enhanced over short-
term private economic gain or convenience.
5. The quality of the environment is enhanced.
6. All perimeters of fills are provided with vegetation, retaining
walls, or other satisfactory mechanisms for erosion prevention.
5-15
7. All necessary permits from State, County, City and Federal agen-
cies are obtained.
8. Plans for the protection of fish resources shall be submitted
and approved by those governmental agencies having jurisdiction
over those fish resources (i.e. Washington State Department of
Fish and Game).
9. When maintenance is required for existing bulkhead embankment or
fills.
DREDGING
For purposes of the Shoreline Master Program, Dredging is the removal
of earth from the bottom of the river for the purposes of deepening
a navigational channel or to obtain use of the bottom materials for
landfill.
DREDGING, FOR THE PURPOSE OF DEEPENING A NAVIGATIONAL CHANNEL ONLY,
WILL BE PERMITTED ONLY WHEN APPLICABLE CITY REGULATIONS AND THE
FOLLOWING STANDARDS ARE ~illT: DREDGING TO OBTAIN BOTTOM MATERIALS
FOR LANDFILL WILL BE PROHIBITED.
1. It does not include an over-water structure unless it is clearly
demonstrated that such a structure is needed to protect or pro-
mote the public interest.
2. It protects or improves aquatic habitats and spawning grounds.
3. It protects or improves wildlife habitats.
4. It minimizes stream bed disturbance.
5. Beneficial long-term community interests are enhanced over short-
term private economic gain or convenience.
6. The quality of the environment is enhanced.
7. A plan for deposit of spoils acceptable to the City is established.
5-16
' .
SHORELINE PROTECTION
For purposes of the Shoreline Master Program, flood protection and
streamway modifications are those activities occurring within the
streamway and wetland areas which are designed to reduce overbank
flow of high waters and stabilize eroding streambanks.
SHORELINE PROTECTION, CONSISTENT WITH ZONING REGULATIONS, WILL BE
PERMITTED WITHIN THE SHORELINE ONLY WHEN THE FOLLOWING STANDARDS
ARE MET:
1. It is sloped to allow escapement of fish after high water.
2. It is limited to those areas where structures are endangered
by bank erosion.
3. The reestablishment of natural vegetation along the shoreline
is encouraged.
4. There is no disruption of trees or natural vegetation along the
riverbank unless necessary for public safety or public access.
5. It minimizes negative and maximizes positive impacts on the
natural environment and wildlife habitat (this applies to flood
control projects}.
6. Harsh unnatural appearances are minimized (this applies to flood
control projects} •
7. It is designed, landscaped, and planted to maximize a natural
shoreland appearance, public access, and public recreation (this
applies to flood control projects}.
8. Public access to the water's edge is provided where feasible;
however, no property will be acquired for public use without
just compensation to the owner.
9. It employs diking setbacks at favorable locations to provide
a minimum of two larger river level parks and allows government
to acquire and develop them (this applies to extensive shoreline
protection projects}.
10. It protects or improves aquatic habitats and spawning grounds.
11. It protects or improves wildlife habitat.
12. It minimizes stream bed disturbance.
13. It does not occur in unique or fragile areas.
5-17
14. It does not occur on sites of suspected historical, cultural
or educational significance until the City has determined the
actual significance of such a site. This determination must
be made within two (2) months.
15. It acquires public rights-of-access to the flood control works
prior to construction (this applies to flood control projects).
16. Just compensation is provided to the owner for any property
acquired for public use (this applies to flood control projects).
17. Beneficial long-term community interests are enhanced over short-
term private economic gain or convenience.
18. It includes an Environmental Impact Statement with a thorough
consideration of alternative actions (this applies to flood
control projects) .
DEPARTMENT OF ECOLOGY APPROVED
NO. 19 THROUGH NO. 23
12/10/80
19. Rip-rapping (.the placement of rock or other material to armor
the riverbank against erosion or meander-shifting) when initiated
by the developer is allowed only where a clear and present danger
to existing structures exists.
20. Rip-rapping or other bank armoring when initiated by the developer
will be covered with topsoil and revegetated by the applicant.
21. The landward sideslope of any dikes or levees (which have been
modified by a developer) shall be sloped at no greater than
3:1 1three feet horizontal for every one foot vertical).
22. The landward sideslope of dikes or levees shall be covered with
at least 12 inches of topsoil and permanently revegetated by the
applicant, if the developer has modified the dike.
23. In the conservancy zones, necessary dike maintenance and constru-
tion shall be permitted. Areas shown in the River of Green study
as potential set back dikes and agreed upon by the City Council,
by Resolution 903, shall not be affected by the conservancy zones.
IN. ADDITION TO THE ABOVE, THE APPLICANT SHOULD BE GUIDED BY THE
FOLLOWING PRINCIPLES:
1. Scenic views are enhanced.
2. Setbacks for trails are provided; however, no property will be
acquired for public use without just compensation to the owner.
5-18
3. Open space elements which are subject to extensive flood damage,
such as parks and agriculture are maximized.
4. Diverse public recreational opportunities such as fishing, boat-
ing, viewing, etc. are provided (this applies to flood control
projects) •
5. The quality of the environment is enhanced.
ROAD AND RAILROAD DESIGN AND CONSTRUCTION
For purposes of the Shoreline Master Program, Road is a linear
passageway, usually for motor vehicles, and a Railroad is a surface
linear passageway with tracks for train traffic.
NEW RAIL LINES SHALL BE PROHIBITED WITHIN THE SHORELINE AREA. ROADS,
CONSISTENT WITH ZONING AND OTHER CITY REGULATIONS, SHALL BE PEID1ITTED
ONLY WHEN THE FOLLOWING STANDARDS ARE MET:
1. Roads and streets are limited to two lanes.
2. Shoreline roadways are developed as scenic boulevards for slow-
moving traffic (this applies to public transportation projects) .
3. It provides a trail system separated from the roadway (this
applies to public transportation projects); however, no property
will be acquired for public use without just compensation to the
owner.
4. It provides a trail system (this applies to public transportation
projects for new or expanded motorized river crossings); however,
no property will be acquired for public use without just compen-
sation to the owner.
5. It does not include an over-water structure unless it is clearly
demonstrated to be needed to protect or promote the public
interest.
6. It shows that government has actively explored alternatives to
new over-water crossings (this applies to public transportation
projects for cross-river arterials).
7. Public transportation access to recreation areas on the shoreline
is facilitated (this applies to public transportation projects).
8. Wildlife and aquatic habitats are protected or improved.
9. It does not occur in unique or fragile areas.
5-19
10. No additional untreated pollutants (as designated by the Federal
Environmental Protection Agency or the Washington State Depart-
ment of Ecology) shall be discharged into the river.
11. All governmental water quality regulations are complied with.
12. The reestablishment of natural vegetation along the shoreline
is encouraged.
13. There is no disruption of trees or natural vegetation along the
riverbank unless necessary for public safety or public access.
14. It does not occur on sites of suspected historical, cultural
or educational significance until the actual significance of the
site has been determined by the City. This determination must
be made within two (2) months.
15. It enhances beneficial long-term community interests over short-
term private economic gain or convenience.
DEPARTMENT OF ECOLOGY APPROVED
NO. 16 THROUGH NO. 21
12/10/80
16. There shall be no rails or rail spurs within 200 feet of the
river.
17. All lots and buildings must have road access without using scenic
and recreational roads as defined by the Green River Corridor
Plan (1980).
18. Development shall include no street connections to scenic and
recreational roads.
19. Development shall not force or encourage property outside the
proposed development to use a scenic or recreational road for
access.
20. Development shall not force or encourage traffic from the proposed
development to use a scenic or recreational road for access.
21. Roads within the Shoreline Master Program shall be designed for
low-volume local traffic.
IN ADDITION TO THE ABOVE, THE APPLICANT SHOULD BE GUIDED BY THE
FOLLOWING PRINCIPLES:
1. Scenic views are enhanced.
5-20
2. setbacks for trails are provided; however, no property will be
acquired for public use without just compensation to the owner.
3. Public recreational uses are incorporated; however, no property
will be acquired for public use without just compensation to
the owner.
4. It locates with, or permits the integration of, compatible uses
or activities, especially recreational uses.
5. It clusters with like or compatible shoreline uses.
6. The quality of the environment is enhanced.
PIERS
For purposes of the Shoreline Master Program, a Pier or dock is a
structure built over or floating upon the water, used as a landing
place for marine transport or for recreational purposes. For pur-
poses of the Green River shoreline, piers can be used only for non-
motorized recreational craft.
WHEN PERMITTED BY THE ZONING DISTRICT, PIERS SHALL BE PERMITTED
WITHIN THE SHORELINE ONLY WHEN THE FOLLOWING STANDARDS ARE MET:
1. It does not include an over-water structure unless it is clearly
demonstrated that such a structure is needed to protect or pro-
mote the public interest.
2. Stream bed disturbance is minimized.
3. Aquatic habitats and spawning grounds are protected or improved.
4. Wildlife habitats are protected or improved.
5. It does not occur in unique or fragile areas.
6. No additional untreated pollutants (as designated by the Federal
Environmental Protection Agency or the Washington State Depart-
ment of Ecology) shall be discharged into the river.
7 .. All governmental water quality regulations are complied with.
8. It is not accessory to an existing non-recreational, non-open
space, or non-water related use or activity.
9. It does not occur on sites of suspected historical, cultural,
or educational significance until the City has determined the
actual significance of the site. This determination must be made
within two (2) months.
5-21
IN ADDITION TO THE ABOVE, THE APPLICANT SHOULD BE GUIDED BY THE
FOLLOWING PRINCIPLES:
1. Scenic views are enhanced.
2. It clusters with like or compatible shoreline uses.
3. It is compatible with other uses and the natural environment.
4. Beneficial long-term community interests are enhanced over short-
term private economic gain or convenience.
5. It enhances the quality of.the environment.
ARCHAEOLOGICAL AND HISTORIC SITES
For purposes of the Shoreline Master Program, this category of uses
includes archaeologic~l areas, ancieht ~illages,·~ilitary forts, old
settlers homes, old river landing sites, ghost towns and trails.
ARCHAEOLOGICAL 1\.ND HISTORIC SITES CONS-ISTENT WITH-:-:-THE ZONING-REGULA-
TIONS ARE PERMITTED WITHIN THE SHORELINE ONLY WHEN THE FOLLOWING
STANDARDS ARE MET:
1. It locates with, or permits the integration of compatible uses
or activities, especially recreational uses.
2. It incorporates public recreational uses.
3. Just compensation has been paid to the owner for any property
acquired for public use.
4. It is designed to protect the rights and privacy of adjacent
private property owners.
5. It protects or improves wildlife habitat.
6. It provides trail right-of-way to and along the shoreline.
7. No additional untreated pollutants (as designated by the Federal
Environmental Protection Agency or the washington State Depart-
ment of Ecology) shall be discharged into the river.
8. It complies with all governmental water quality regulations.
9. There is no disruption of trees or natural vegetation along the
riverbank unless necessary for public safety or public access.
10. It provides access tothe general public.
5-22
11. All parking areas for motor vehicles shall be designed as pro-
vided for under "Commercial Development" (p. 5-8).
DEPARTMENT OF ECOLOGY APPROVED
NO. 12
12/10/80
12. No natural or constructed features of potential historic, cultural
and educational significance shall be destroyed or modified so
as to negate its value to the public.
IN ADDITION TO THE ABOVE, THE APPLICANT SHOULD BE GUIDED BY THE
FOLLOWING PRINCIPLES:
1. It enhances scenic views.
2. It encourages the reestablishment of natural vegetation along
the shoreline.
3. It encourages public and private cooperation in site preservation
and protection.
4. It includes signs or plaques to inform the public of the signi-
ficance of the site.
5. Beneficial long-term community interests are enhanced over short-
term private economic gain or convenience.
6. It enhances the quality of the environment.
5-23
RECREATION
For purposes of the Shoreline Master Program, Recreation is the
refreshment of body and mind through forms of play, amusement or
relaxation.
RECREATIONAL USES, AS PERMITTED BY THE ZONING DISTRICT, ARE PERMITTED
WITHIN THE SHORELINE ONLY WHEN THE FOLLOWING STANDARDS ARE MET:
1. It helps to provide public access to the water's edge at a mini-
mum of one access point per mile (this applies to governmental
acquisition and development projects along the shoreline); however,
no property will be acquired for public use without just compen-
sation to the owner.
2. Public accces to the water's edge is provided where feasible;
however, no property is acquired for public use without just
compensation to the owner.
3. It connects to a trail system along the entire shoreline.
4. Just compensation is provided to the owner for property to be
acquired by the government for public use.
5. It is designed to avoid conflict with private property rights,
and to create the minimum objectionable impact on the adjoin-
ing property (this applies to proposals including part of the
shoreline trail system) .
6. It insures that the rights and privacy of the adjoining property
owners are protected (this applies to all public access development).
7. It protects or improves aquatic habitats and spawning grounds.
8. It protects wildlife habitats.
9. It minimizes stream bed disturbance.
10. It does not occur in unique or fragile areas.
11. No additional untreated pollutants (as designated by the Federal
Environmental Protection Agency or the Washington State Depart-
ment of Ecology) shall be discharged into the river.
12. All governmental water quality regulations will be complied with.
13. It provides for the reestablishment of natural vegeation along
the sho.reline.
14. There will be no disruption of trees or natural vegetation along
the riverbank unless necessary for public safety or public access.
15. It does not occur on sites of suspected historical, cultural
or educational significance until the actual sigificance of the
site has been determined by the City. This determination must
be made within two (2) months.
16. It restricts the use of motorized vehicles (this applies to
trail proposals) .
17. It does not include an over-water structure unless it is clearly
demonstrated that such a structure is needed to protect and
promote the public interest.
18. It locates with, or permits the integration of, compatible uses
or activities, especially recreational uses.
19. It provides parking spaces to handle the designed public uses
and it.will be designed to have a minimum impact on the natural
environment (this applies to proposals for public access points) .
All parking areas for motor vehicles shall meet the requirements
of parking areas under "Commercial Development" (p. 5-8).
20. When necessary, a "Conditional Use Permit" or "Special Use
Combining District" has been approved as per the requirements
of the City of Kent Zoning Code.
21. Erosion control measures, consistent with the standards estab-
lished by the U.S. Soil Conservation Service, U.S. Department
of Agriculture are utilized.
22. The use of any pesticides, herbicides and/or fertilizers is
consistent with the standards of the Washington State Depart-
ment of Agriculture, Washington State Department of Ecology
and the Federal Environmental Protection Agencyo
IN ADDITION .TO THE ABOVE, THE APPLICANT SHOULD BE GUIDED BY THE
FOLLOWING PRINCIPLES:
1. It enhances scenic views.
2. It will be developed for diversified recreational use (this
applies to proposals for public access points) •
3.· It provides public non-motorized trails connecting access points.
4. It facilitates public transportation access to recreation areas
on the shoreline.
5. It provides for the acquisition, lease, or donation of land for
trails.
5-25
6. It provides for a trail system separated from the roadway.
7. It provides connections to other trails in the region.
8. It provides trail linkages between access points to and along
the shorelines.
9. It provides trail linkages on new or expanded motorized river
crossings.
10. Trail system bridges are provided where needed.
11. It provides large parks for river access, interpretive natural
areas, picnic areas, open play areas, quiet natural areas, rest-
rooms, parking, etc.
12. It employs diking setbacks at favorable locations to provide
larger river level parks.
13. It provides fishing areas through City or State Game Department
acquisition of property.
14. It provides non-motorized recreational boating facilities that
are compatible with other uses and the natural environment.
15. It incorporates public recreational uses.
16. It provides for the acquisition and dedication of areas between
the waterline and setback levels as public recreation sites.
17. It helps to provide a minimum of two river level access areas
by dike setbacks (this applies to governmental acquisition and
development projects).
18. It enhances beneficial long-term community interests over short-
term private economic gain or convenience.
19. The quality of the environment is enhanced.
MINING
For purposes of the Shoreline Master Program, Mining is the removal
of.naturally occurring materials from the earth for economic use.
MINING IS PROHIBITED ON THE GREEN RIVER SHORELINE.
SOLID WASTE DISPOSAL
SOLID WASTE DISPOSAL IS PROHIBITED ON THE GREEN RIVER SHORELINE.
5-26
CHAPTER 6
VARIANCES AND CONDITIONAL USES
VARIANCES
Variances deal with specific requirements of the Master Program and
its objective is to grant relief when there are practical difficul-
ties or unnecessary hardship in the way of carrying out the strict
letter of the Master Program. The property owner must show that if
he complies with the provisions, he cannot make any reasonable use
of his property. The fact that he might make a greater profit by
using his property in a manner contrary to the intent of the program
is not a sufficient reason for variance. A variance will be granted
only after the applicant can demonstrate the following:
1. The hardship which serves as the basis for granting of a
variance is specifically related to the property of the
applicant.
2. The hardship results from the application of the require-
ments of the Act and Master Program and not from, for example,
deed restrictions or the applicant's own actions.
3. The variance granted will be in harmony with the general
purpose and intent of the Master Program.
4. Public welfare and interest will be preserved; if more harm
will be done to the area by granting the variance than would
be done to the applicant by denying it, the variance will
be denied.
Petitions for a variance shall be heard by the Kent Planning Commis-·
sion and any decision for approval shall be submitted to the Depart-
ment of Ecology for approval or disapproval.
Application. Application for a variance shall be made on forms
prescribed by the Planning Department and filed with the Planning
Department together with a non-refundable filing fee of two-hundred
(200) dollars plus ten (10) dollars per acre or fraction thereof.
Such application shall be submitted at least one-hundred (100) days
prior to the public hearing at which the application will be heard;
the application shall be heard by the Planning Commission within
one-hundred (100) days of the date of filing said application.
Detailed development plans (as required for the Substantial Develop-
ment Permit application) shall accompany the application.
6-1
Public Hearing. The Planning Commission shall hold a public hearing
on any proposed variance, and shall give notice thereof at least once a
week on the-same day of the week for two consecuti-ire weeks in:· a newspaper
of general circulation within the area in which the development is
proposed. Notice shall also be given to all property owners within
a radius of three-hundred (300) feet and when determined by the
Planning Director, a greater distance of the exterior boundaries of
the subject property. Such notice shall be sent ten (10) days prior
to the public hearing. The failure of any property owner to receive
said notice of hearing will not invalidate the proceedings. Public
notices shall also be posted in three conspicuous places on or adjacent
to the property subject of the application at least ten (10) days
prior to the date of public hearing.
Action of the Planning· "Co"l:ntniss-i·on. The Planning Commission shall
review the proposed variance with regard to the aforementioned
criteria (1, 2, 3, and 4) and the recommendation of the Hearing
Examiner.on the Substantial Development Permit.
If the variance is approved by the Commission, the Commission shall
then submit their decision to the Department of Ecology.
One Year Validity. Any authorized variance shall remain effective
only for one year, unless the use is begun within that time or con-
struction has commenced. If not in use or construction has not com-
menced within one year, the variance shall become invalid.
CONDITIONAL USES
Recognizing that the object of a Conditional Use provision is to
provide more control and flexibility for implementing the regulations
of the Master Program while controlling possible undesirable effects,
the uses to be conditionally allowed within the Green River shoreline
are those uses identified as "conditional" in the underlying zoning
district. The City of Kent Zoning Code defines "conditional uses"
as uses "such that they may be compatible only on certain conditions
in specific locations in a zoning district, or if the site is regu-
lated in a certain manner".
The procedure for applying for a permit for a conditional use lying
within two-hundred (200) feet of the ordinary high water mark of the
river would involve applying for a Conditional Use Permit (as per
the requirements of Section 8.3 of the Kent Zoning Code} and a Sub-
stantial Development Permit simultaneously. The Substantial Develop-
ment Permit application shall be heard first, and this recommendation
shall be considered by the Hearing Examiner. If the permits are
granted, the decision will then be submitted to the Department of
Ecology for approval or disapproval.
6-2
CHAPTER 7
UPDATING PROCEDURE
The Planning Commission, and the City Council shall review the
City's Shoreline Master Program every two to three years, and sub-
mit any proposed adjustments to the Department of Ecology for appro~
val, in accordance with Section 19 of the Shoreline Management
Act. Any amendment to the Master Program shall be initiated by
using the procedure outlined in Appendix D.
7-1
APPENDICES
Appendix A
DEFINITIONS
ACT. The Shoreline Management Act of 1971, Chapter 90.58 RCW.
AGRICULTURE. The use of land for agriculture purposes, including
farming, dairying, pasturage, horticulture, floriculture,
viticulture, apiaries, and animal and poultry husbandry, and
the necessary accessory uses for storing produce; provided, how-
ever, that the operation of any such accessory use shall be in-
cidental to that of normal agricultural activities and provided
further that the ab.ove uses shall not include the commercial
feeding of garbage or refuse to swine or other animals.
AQUACULTURE. The culture or farming of aquatic animals and plants.
BUILDING. Any structure having a roof supported by columns or walls
used or intended to be used for the shelter or enclosure of
persons, animals or property of any kind.
BUILDING HEIGHT. The vertical distance from the "Grade" to the high-
est point of the coping of a flat roof or to the deck line of
a mansard roof or to the average height of the highest gable
of a pitch or hip roof.
CHANNEL IMPROVEMENT. Enlargement of a natural stream's discharge
capacity by means of straightening, making "cutoffs", cleaning
vegetation, widening, or deepening, and thereby decreasing
flood stages.
CIRCULATION. Those means of transportation which carry passengers
or goods to, from, over, or along a corridor.
COMMERCIAL DEVELOPMENT. Commercial developments are those uses which
are involved in wholesale and retail trade or business activities.
COMMON TRAIL SYSTEM. Pedestrian and/or bicycle accessways which
are shared (held in common) by a group of landowners and occu-
pants of a subdivision but which may not be accessible to
the general public.
CONSERVANCY ZONES. The objective in designating a conservancy environ-
ment is to protect, conserve and manage existing natural resources
and valuable historic and cultural areas in order to ensure a
continuous flow of recreational benefits to the public and to
achieve sustained resource utilization.
The conservancy environment is for those areas which are intended
to maintain their existing character. The preferred uses are
those which are nonconsumptive of the physical and biological
A-1
resources of the area. Nonconsumptive uses are those uses which
can utilize resources on a sustained yield basis while minimally
reducing opportunities for other future uses of the resources
in the area. Activities and uses of a nonpermanent nature
which do not substantially degrade the existing character of an
area are appropriate uses for a conservancy environment. Examples
of uses that might be predominant in a conservancy environment
include diffuse outdoor recreation activities, timber harvesting
on a sustained yield basis, passive agricultural uses such as
pasture and range lands, and other related uses and activities.
The designation of conservancy environments should seek to _satisfy
the needs of the community as to the present and future location
of recreational areas proximate to concentrations of population,
either existing or projected. For example, a conservancy environ-
ment designation can be used to complement city, county or
state plans to legally acquire public access to the water.
(WAC 1 7 3-16-0 4 0 ( 4 ) ( b ) ( i i ) ) .
CONDITIONAL USE. A use permitted in a zoning district only after
review and approval by the Planning Commission. Conditional
uses are such that they may be compatible only on certain condi-
tions in specific locations in a zoning district, or if the site
is regulated in a certain manner.
CORRIDOR. A circulation right-of-way and the area immediately adja-
cent to it.
DEVELOPMENT. A use consisting of the construction or exterior alter-
ation of structures; dredging; drilling; dumping; filling; remov-
al of any sand, gravel, or minerals; bulkheading; driving of
piling; placing of obstructions; or any other project of a per-
manent or temporary nature which interferes with the normal
public use of the surface of the waters overlying lands subject
to the Act at any state of water level. This definition shall
not be construed to regulate thgpe developments under the Shore-
line Management Act which are specifically exempted from this
Act (see definition of Substantial Development).
DIKE. An embankment to prevent flooding by a stream or other waterbody.
DOCK. A fixed or floating platform extending from the shore over the
water.
DREDGING. The removal of earth from the bottom or banks of a body
of water for the purpose of deepening a navigational channel,
obtaining bottom materials, or for flood control.
ELEMENTS. Major aspects of land and water use for which goals are
written as part of a Shoreline Master Program.
ENVIRONMENTS. Designations given specific shoreline areas based
on the existing development pattern, the biophysical capabil-
ities and limitations, and the goals and aspirations of local
citizenry, as part of a Master Program.
A-2
EXCAVATE. To remove earth material mechanically.
EARTH MATERIAL. Any rock, natural soil or fill, and/or any combin-
ation thereof.
ECONOMIC DEVELOPMENT. A development which provides a service, produces
a good, retails a commodity, or e:r;tgages in any··other ·use or acthrity
for the purpose of making financial gain.
FLOOD CONTROL. Any undertaking for the conveyance, control, and
dispersal of flood waters caused by abnormally high direct
precipitation or stream overflow.
FLOODPLAIN. The plain along a river formed from soil deposited by
floods. Such areas may be determined hazardous for certain
uses due to periodic inundation and related conditions.
GRADE. The lowest point of elevation of the finished surface of the
ground between the exterior wall of a building and a point five
feet distant from said wall, or the lowest point of elevation
of the finished surface of the ground between the exterior wall
of a building and the property line if it is less than five feet
distant from said wall. In case walls are parallel to and within
five feet of a public sidewalk, alley or other public way, the
grade shall be the elevation of the sidewalk, alley or public
way. In no case shall the grade be higher than the natural
elevation except when fill is required, and then the grade shall
be that required by the King County Surface Water Management.
GROIN. A barrier-type structure extending from the backshore into
the water across the beach. The purpose of a groin is to
interrupt sediment movement along the shore.
GUIDELINES. These standards adopted to implement the policy for
regulation of use of the shorelines of the state prior to adop-
tion of master programs. Such standards also provide criteria
in developing master programs.
HEARING EXAMINER (Land Use) • A person appointed by the City Adminis-
trator to conduct public hearings on applications outlined in
the City ordinance creating the Hearing Exam~ner,. and who prepares
a record, findings of fact and conclusions on such applications.
LANDFILL. The creation of dry upland area by the filling or depositing
of sand, soil, gravel or other materials into a wetland area ..
LANDSCAPING. Vegetative ground cover including shrubs, trees, flower
beds, grass, ivy and other similar plants and including tree batk
and other materials which aid vegetative growth and maintenance.
MARINA. A use providing moorages for pleasure craft which also may
include boat launching facilities, storage, sales and other
services.
MASTER PROGRAM. The comprehensive shoreline use plan for the City of
Kent, and the use regulations, together with maps, diagrams,
charts or other descriptive material and text, a statement of
desired goals and standards developed in accordance with the
policies enunciated in Section 2 of the Act.
A-3
MINING. The removal of naturally occurring materials from the earth
for commercial, industrial, or construction use.
MOORAGE. Any device or structure used to secure a vessel for temporary
anchorage, but which is not attached to the vessels. Examples
of moorage are docks or buoys.
MULTIPLE-USE. The combining of compatible uses within one development.
NON-CONFOP~ING STRUCTURE. A structure or portion thereof which was
lawfully erected or altered and maintained, but which no longer
conforms to the policies and regulations of this Master Program.
ONE-HUNDRED-YEAR FLOOD. The maximum flood expected to occur during
a one-hundred-year period.
OPEN SPACE. A land area allowing view, use or passage which is almost
entirely unobstructed by buildings, paved areas, or other man-made
structures.
ORDINARY HIGH WATER LINE (OR MARK) • "Ordinary high water mark" on all
lakes, streams, and tidal water is that mark that will be found
by examining the bed and banks and ascertaining where the presence
and action of waters are so common and usual, and so long contin-
ued in all ordinary years, as to mark upon the soil a character
distinct from that of the abutting upland, in respect to vege-
tation; as that condition exists on June 1, 1971 or as it may
naturally change thereafter: PROVIDED, that in any area where
the ordinary high water mark cannot be found, the ordinary high
water mark adjoining salt water shall be the line of mean higher
high tide,and the ordinary high water mark adjoining fresh water
shall be the line of mean high water. (RCW 90.58.030(2) (b)).
OVER-WATER STRUCTURE. Any structure projecting over the ordinary
high water mark of the Green River.
PARKING SPACE OR PARKING STALL. A parking space is any off-street
space intended for the use of vehicular parking with ingress
or egress to the space easily identifiable.
PERMIT. That required by the Act for substantial development on
shorelines, to be issued by the Kent Planning Department and
subject to review by the Department of Ecology and the Attorney
General.
PIER. A general term including docks and similar structures consisting
of a fixed or floating platform extending from the shore over
the water.
A-4
PLANNED UNIT DEVELOPMENT. Planned Unit Development is a residential
development built under those provisions of this code which
permit departures from the conventional siting, setback, and
density requirements o~ other sections of this code in the
interest of achieving superior site development, creating open
space, and encouraging imaginative design by permitting design
flexibility.
POLLUTANT. Any substance that has been or may be determined to cause
or tend to cause injurious, corrupt, impure, or unclean conditions
when discharged to surface water, air, ground, sanitary sewer
system, or storm drainage system.
PORT. A center for water-borne traffic.
PUBLIC ACCESS. A means of physical approach to and along the shore-
line available to the general public. This may also include
visual approach.
RAILROAD. A surface linear passageway with tracks for train traffic.
RECREATION. The refreshment of body and mind through forms of play,
amusement, or relaxation. The recreational experience may be active,
such as boating, fishing, and swimming, or may be passive such
as enjoying the natural beauty of the shoreline or its wildlife.
REVEGETATION. The planting of vegetation to cover any land areas
which have been disturbed during construction. This vegetation
shall be maintained to insure its survival and shall be consistent
with planting requirements of the Kent Landscape Code.
RIPRAP. Broken stone placed on shoulders, slopes, or other such
places to protect them from erosion.
RIVERFRONT LOT. Any lot or land parcel which is adjacent to the
Green River, a scenic and recreation road/drive, a riverfront
road or a riverfront park.
RIVERFRONT PARK. A publicly-owned open space which lies along the
Green River, along a scenic and recreational road/drive, or
along a riverfront road.
RIVERFRONT ROAD. A public street or road which lies alongside the
Green River and which has no major development between it and
the river.
ROAD. A linear passageway, usually for motor vehicles.
A-5
SCENIC AND RECREATIONAL ROADS/DRIVES.
1. Frager Road throughout its length within the City of Kent.
2. Russell Road from the eastern end of the proposed Russell
Woods Park as designated in the Green River Corridor Plan
north to the point where it leaves the River (approximately
at 200th Street}.
SHORELINE. All of the water area of the Green River within the City
of Kent and the associated wetlands or wetland areas within
200 feet of mean high water.
SHORELINES OF STATE-WIDE SIGNIFICANCE. Those water areas, associated
wetlands, and underlying lands designated in the Shoreline
Management Act.
SHORELINE PROTECTION. Those activities occurring within the stream-
way and wetland areas which are designed to reduce overbank flow
of high waters and stabilize eroding streambanks.
SIGNS-ADVERTISING. A sign which directs attention to a business,
commodity or service, or entertainment sold or offered else-
where than on the premises and only incidently on the premises.
SIGNS-DIRECTIONAL AND INFORMATIONAL .. A sign designated to guide
or direct pedestrians or vehicles.
SITE. Any lot or parcel of land or contiguous combination thereof,
under the same ownership, on which development is proposed.
SLOPE. An inclined ground surface. The inclination is expressed
as a ratio or horizontal distance to vertical distance.
STRUCTURE.
of any
gether
signs,
SUBDIVISION.
That which is built or constucted; an edifice or building
kind or any piece of work composed of parts jointed to-
in some definite manner and includes posts for fences and
but does not include mounds of earth or debris.
A parcel of land divided into two or more parcels.
SUBSTANTIAL DEVELOPMENT. Any development of which the total cost,
or fair market value, exceeds $1,000, or any development which
materially interferes with normal public use of the water or
shorelines of the state except that the following shall not be
considered substantial developments:
a) Normal maintenance or repair of existing structures or
developments, including damage by fire, accident or elements;
b) Construction of the normal protective bulkhead, common to
single-family residences;
A-6
c) Emergency construction necessary to protect property from
damage by the elements;
d) Construction of a barn or similar agricultural structure
on wetlands;
e) Construction or modification of navigational aids, such as
channel markers and anchor buoys;
f) Construction on wetlands by the owner, lessee, or contract
purchaser, of a single-family residence, for his own use
or for the use of his family, which residence does not
exceed a height of 35 feet above average grade level and
which meets all requirements of.the state agency or local
government having jurisdiction thereof;
g) Docks for single-family residences whose cost not exceed
$2,500.
TRUCK MANEUVERING AREA. An area of a site used by trucks for turning
and backing or for access to loading/unloading areas.
UNIQUE AND FRAGILE AREAS. An area of special environmental signi-
ficance for wildlife habitat, threatened plant communities,
and/or natural scenic quality. The geographic boundaries of
these areas shall be officially mapped.
UPLAND. Those land areas not included in the definition of "Shoreline".
USE OR USE ACTIVITY. An activity or purpose for which land or prem-
ises or a building thereon is designed, arranged, intended, or
for which it is occupied or maintained, let or leased.
URBAN. An area of basically high intensity and diverse land use,
including residential, commercial, industrial, agricultural and.
recreational development.
UTILITIES. Services which produce and carry electric power, sewage,
communications, petroleum products, oil, natural gas, water, etc.
VARIANCE. A modification of regulations of this code when authorized
by the Planning Commission after finding that the literal appli-
cation of the provisions of the code would cause undue and
unnecessary hardship in view of certain facts and conditions
applying to a specific parcel of property.
WATER-DEPENDENT. Uses or activities which necessarily require a
shoreline location as a major and integral part of that use or
activity.
A-7
WATER-ORIENTED OR WATER-RELATED. Uses, activities or facilities
which are not necessarily water-dependent, but still incorporate
in their design some kind of advantageous use of the water; for
example, walkways or view windows.
WATER'S EDGE." That land area landward and immediately adjacent to
the high water line.
WETLANDS OR WETLAND AREAS. Those lands extending landward for two-
hundred feet in all directions, as measured on a horizontal
plane from the mean high water line and all marshes, bogs, swamps,
floodways, river deltas, and floodplains associated with streams,
lakes and tidal waters which are subject to the provisions of
the act.
A-8
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Appendix C
EXISTING POLICIES AND PLANS
As part of its master program, the City of Kent must submit policy
statements, developed through the citizen involvement process,
regarding shoreline development as part of its master program.
Naturally, one step in the methodology for developing these
policy statements is the identification and analysis of existing
policies by public agencies relevant to Kent's shorelines.
These existing policies should be reviewed and analyzed as follows:
Identifypolicies which can be incorporated into the Master Program.
Identify policies which cannot be incorporated into the Master
Program and actually conflict with the intent of the Shoreline
Management Act. Identify policies which act as constraints to
local planning and policy implementation and which are a result
of previous government actions, existing land use patterns, actions
of adjacent jurisdictions or-other factors not subject to local
control or influence.
Existing policies relating to the Green River Shorelines have been
identified in the following areas: shoreline of state-wide signifi-
cance, zoning, open space and parks, drainage and flood control,
agriculture, and roads.
SHORELINE OF STATE-WIDE SIGNIFI.CANCE
The Shoreline Management Act has designated the shorelines of the
Green River to be of state-wide significance. These shorelines
are deemed to be of importance to the entire state and because
these shorelines are major resources from whi'ch all people .in ·-.the
state derive benefit, the guidelines and master programs must
give ·preference to uses which favor public and long-range goals.
Accordingly, the act established that local master programs shall
give preference to uses which meet the principles outlined below
in order of preference. Guidelines for ensuring that these prin-
ciples are incorporated into the master programs and aphered to
in implementing the act follow each principle.
(a) Recognize and protect the state-wide interest over
local interest. Development guidelines:
(i) Solicit comments and opinions from groups and
individuals representing state-wide interests
by circulating proposed master programs for review
and comment by state agencies, adj-acent jurisdic-
tions' citizen advisory committees, and state-
wide interest groups.
(ii) Recognize and take into account state agencies'.
policies, programs and recommendations in
developing use regulations.
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(iii) Solicit comments, op1.n1.ons and advice from individ-
uals with expertise in ecology, oceanography, geo-
logy, limnology, aquaculture and other scientific
. fields pertinent to shoreline management.
(.b) Preserve the natural character of the shoreline. Develop-
ment guidelines:
(i) Designate environments and use regulations to mini-
mize man-made intrusions on shorelines.
(ii) Where intensive development already occurs, upgrade
and redevelop those areas to reduce their adverse
impact on the environment and to accommodate future
growth rather than allowing high intensity uses to
extend into low intensity use or u~d~rdeveloped
areas.
(iii) Ensure that where commercial timber-cutting.is allowed
as provided in RCW 90.58.150, reforestation will
be possible and accomplished as soon as practicable.
•,·. .
(c) Result in long-term over short-term bene:fi t. Develop-
ment guidelines: ....
• i
(i) Prepare master programs on the ba~is of preserving
the shorelines for future generations. For example,
actions that would convert resources into irre-
versible uses or detrimentally alter natural con-
ditions characteristic of shoreli'nes· of state-
wide significance, should be sever~ly limited.
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(ii) Evaluate the short-term economic ga·fn or convenience
of developments in relationship to ~ong-term and
potentially costly impairments to the natural
environment. · ·
(iii) Actively promote aesthetic considerations when
contemplating new development, redevelopment of
existing facilities or for the general enhancement
of shoreline areas.
(d) Protect the resources and ecology of shorelines. Develop-
ment guidelines:
(i) Leave undeveloped those areas which contain unique
or fragile natural resource.
(ii) Prevent erosion and sedimentation that would alter
the natural function of the .water system. In areas
where erosion and sediment control practices will
not be effective, excavations or other activities
which increase erosion are to be severely limited.
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(iii) Restrict or prohibit public access onto areas
which cannot be maintained in a natural condi-
tion under human uses.
{e) Increase public access to publicly-owned areas of the
shorelines. Development guidelines:
(i) Increase public access to publicly-owned areas
of the shorelines.
{ii) Locate development inland from the ordinary high
water mark so that access is enhanced.
(f) Increase recreational opportunities for the public
on the shorelines. Development guidelines:
{.i) Plan for and encourage development of facilities
for recreational use of the shorelines.
{.ii) Reserve areas for lodging and related facilities
on uplands well away from the shorelines with
provisions for non-motorized accesss to the shore-
lines.
These policies and development guidelines must by law both be
incorporated into and act as constraints to Kent's Shoreline
Master Program.
The following plans and codes affect the Green River:
Comprehensive Plan
Valley Floor Plan
Green River Corridor Plan
Parks and Recreation Plan
Zoning Code
Unique and Fragile Areas
Storm Water Policies
Transportation Policies
Adopted 1977
Adopted 1979
Adopted 1980
Adopted 1974
Adopted 1973
Adopted 1980
Adopted 1980
Adopted 1980
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Appendix D
AMENDMENTS
This code may be amended by the City Council by changing the
boundaries of districts or by changing any other provisions
thereof, wherever the public necessity and convenience and
the general welfare require such amendment, by following the
procedures of this section.
1) An Amendment May Be Initiated By:
a) Resolution of intention by the _Planning Commission, or by
b) Resolution of intention by the City Council, or by
c) Application of one or more owners, or their agents, of
the property affected by the proposed amendment, which
shall be made on a form prescribed by the Planning Depart-
ment and filed with the Planning Department and which shall
be accompanied by a filing fee of fifty (50) dollars, no
part of which is refundable. Said application shall be
submitted at least twenty-five (25) days prior to the
public hearing at which time the application shall be heard,
and the application shall be heard within sixty (60) days
of the date of said application.
2) Publ'ic Hear-ing
The Planning Commission shall hold at least one public hear-
ing on any proposed amendment, and shall give notice thereof
in at least one publication in the loca'l newspaper at least
ten (10) days prior to the public hearing.
a) Notice shall be given to all property owners within at
least two-hundred (200) feet and when determined by the
Planning Director a greater distance of the exterior
boundaries of the property, subject of the application.
Such notice to be sent ten (10) days prior to the public
hearing.
(.1) The failure of any prop:erty owner to receive said
. notice of hearing will not invalidate .the proceedings.
b) Public notices shall be posted in three conspicuous
places on or adjacent to the property subject of the
application at least ten (10) days prior to the date
of the public hearing.
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3) ~ecommendation o·f· the Planning Comm:iss·ion
Following the aforesaid public hearing, the Planning Com-
mission shall make a report of its findings and recommenda-
tions with respect to the proposed amendment and shall for-
ward such to the City Council.
4) City Council Action
The City Council shall hold a public hearing within thirty
(30) days of the date of the Planning Commission public
hearing.
a) If. the application for an amendment is denied by the
.,City Council, said application shall not be eligible
for resubmittal for·one year from date of said denial,
unless specifically stated to be without prejudice.
A new application affecting the same property may be
.submitted if, in the opinion of the Planning Commission,
circumstances affecting the application have changed
substantially.
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