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HomeMy WebLinkAboutCity Council Meeting - Council - Agenda - 10/04/1988 City of Kent City Council Meeting Agenda /o - 4-88 Office of the City Clerk CITY COUNCIL MEETING October 4, 1988 Summary Agenda IN zap .. City of Kent Council Chambers Office of the City Clerk 7 :00 p.m. NOTE: Items on the Consent Calendar are either routine or have been previously discussed . Any item may be removed by a Councilmember . The Council may add and act upon other items not listed on this agenda . CALL TO ORDER ROLL CALL 1. PUBLIC COMMUNICATIONS A. Employee of the Month B. Budget Award 2 . PUBLIC HEARINGS A. Union Pacific Realty Co . Street Vacation 3 . CONSENT CALENDAR -" A. Minutes B. Bills C. Centennial Committee Appointment D. Drinking driver Task Force Donations E. East Valley Zoning Implementation - Planning Commission F. Soos Creek Interlocal Agreement G. Riverbend Golf Course Rezone - �Jordinange- H. Artwork for Council Chambers I . LID 297 Completion J . Guiberson Reservoir Controls Completion 4 . OTHER BUSINESS ,." A. Zoning Code Amendment - Conditional Use Permits B. Zoning Code Amendment Height Regulations _ Ordin�e,`" C. Zoning Code Amendment - Community Commercial District D. Procedure for Executive Sessions - Resolution 5 . BIDS A. SR 516 Improvements B. Asphalt Overlays 6 . REPORTS CONTINUED COMMUNICATIONS ADJOURNMENT n it 1' IrY' V PUBLIC COMMUNICATIONS Citizens wishing to address the Council will, at this time, make known the subject of interest, so all may be properly heard . A) Employee of the Month / B) Distinguished Budget Presentations Award 1 �L Kent City Council Meeting Date October 4, 1988_ -+ Category Public Hearing 1. SUBJECT: UNION PACIFIC REALTY COMPANY - STREET VACATION NO. STV-88-3 2 . SUMMARY STATEMENT: This public hearing will consider an application filed by Union Pacific Realty Company to vacate a portion of 63rd Ave. So. south of 212th St . The City Clerk has given proper legal notice. 3 . EXHIBITS: Staff report, map 4 . RECOMMENDED BY: Staff 9/28/88 (Committee, Staff, Examiner, Commission, etc . ) Conditional approval 5 . EXPENDITURE REQUIRED: $N/A SOURCE OF FUNDS: OPEN PUBLIC HEARING:,._- PUBLIC INPUT: CLOSE HEARING, 6 . CITY COUNCIL ACTION: Councilmember moves, Councilmember IJ- seconds to approve street vacation No. STV-88-3 with one condition as recommended by staff and to direct the City Attorney to prepare the necessary ordinance upon receipt of compensation DISCUSSION: ACTION: Council Agenda Item No . 2A KENT PLANNING DEPARTMENT September 28, 1988 MEMO TO: Mayor Dan Kelleher and City Council Members FROM: James P. Harris, Planning Director SUBJECT: Report and Recommendation on an Application to Vacate 63rd Avenue South just south of S. 212th Street I. Name of Applicant Union Pacific Realty Company 16400 Southcenter Parkway, Suite 305 Tukwila, WA 98188 II. Reason for Requesting Vacation The applicant states, "Applicant' s subsidiary, Union Pacific Land Resources Corporation, owns property on three sides of this right-of-way and South 212th Street is on the fourth side. It is understood that this right-of-way is no longer required by the City; and applicants future development plans will provide access to South 212th Street at a more westerly location. " III. Staff Recommendation APPROVAL WITH CONDITIONS After reviewing comments from the following departments and agencies: Public Works Department Fire Department Police Department METRO Puget Power and conducting our own review, the Planning Department recommends that the request to vacate 63rd Avenue South, south of S. 212th Street as mentioned in Resolution No. 1181 and as shown on the accompanying map, be APPROVED with the following condition: 1. Compensate the City at the full fair market value of the vacated street. Compensation shall be either in cash or real property of at least equivalent value and as determined appropriate by the Kent Public Works Department (the City purchased this right-of-way in conjunction with the widening of S. 212th Street. As per State law, since it paid full fair market value at the time of purchase, the City is entitled to full fair market value at the time of vacation) . JPH:ca Attachment i it Ares ►4y0esfec! 4o be vacs 4ej- pia 0 N � n s 1�oSe ID 3 r d STD At-ea ►-pq o"54,e 1 4-,o be va�f� 'e, 17eo Z.I-� 200 WEST V A Z-Z-E:- r 1 N CONSENT CALENDAR 3 . City Council Actio Councilmember moves, Councilmember seconds that Consent Calendar Items A through J b owed. Discussion Action 3A.1, Approval of Minutes . ? Approval of the minutes of the regular Council meeting of r, September 20, 1988 . M Ct . Approval of Bills . Approval of payment of the bills received through October 6, .' 1988 after auditing by the Operations Committee at its meeting at 8 : 30 a.m. on October 14, 1988 . J 1,� Approval of checks issued for vouchers : Date Check Numbers Amount 8/25 - 8/31 64125 - 64148 8/31/88 64635 - 64638 9/2 - 9/9 64639 - 64649 $ 189, 103 . 17 9/15/88 64654 - 65159 1, 924, 231.43 $2, 113 , 334 . 60 Approval of checks issued for payroll : Date Check Numbers Amount 9/20/88 109259 - 109851 $ 631, 664 . 54 Council Agenda Item No. 3 A-B Kent, Washington September 20, 1988 Regular meeting of the Kent City Council was called to order at 7: 00 p.m. by Mayor Kelleher. Present: Councilmembers Biteman, Dowell, Houser, Johnson, Mann, White and Woods, City Administrator McFall, City Attorney Driscoll, Planning Director Harris and Public Works Director Wickstrom. Also present: Fire Chief Angelo. Approximately 50 people were at the meeting. CONSENT CALENDAR WHITE MOVED that Consent Calendar Items A through J be approved. Biteman seconded and the motion carried. _ MINUTES (CONSENT CALENDAR ITEM 3A) Approval of Minutes. APPROVAL of the minutes of the regular Council meeting of September 6 , 1988. WATER (CONSENT CALENDAR ITEM 3J) Joint Reservoir Control Board. AUTHORIZATION for the Director of Public Works to be appointed as - City representative to the Control Board regarding the operation of the jointly owned (Kent and Water District 111 ) water reservoir at 124th Avenue and approximately 28600 block. STORM DRAINAGE (CONSENT CALENDAR ITEM 3F) East Smith Street/East Walnut Storm Improvement. ACCEPT as complete the contract with Site-Con, Inc. for the East Smith/East Walnut storm improvements and release of retainage after re-eipt of the required releases from the State. DRAINAGE Upper Mill Creek Detention Basin. Bids were opened on September 14 with two bids received. The low bid submitted by Volker Stevin Pacific was for $713 , 460 , which was 26 percent over the engineer ' s estimate. The Public Works Director recommends that the bids be rejected and that the project be readvertised. JOHNSON SO MOVED. Houser seconded and the motion carried. STREETS (CONSENT CALENDAR ITEM 3E) LID 320 - West James Street. ACCEPT as complete th•e contract with Robison Construction, Inc. for the West James Street improvements and release of retainage after receipt of the required releases from the State. TRAFFIC CONTROL (CONSENT CALENDAR ITEM 3D) Exxon Oil Rebate. AUTHORIZATION for the Mayor to execute Exxon Oil rebate agreement which gives the City a $67 , 500 grant for upgrading and incorpora- ting the State signals on SR516 (Willis Street) . - 1 - September 20, 1988 TRAFFIC CONTROL from West Valley Highway to Fourth Avenue into the City ' s computerized signal central system, as approved by the Public Works Committee . (CONSENT CALENDAR ITEM 3G) Fourth Avenue Signalization. ACCEPT as complete the contract with UDL, Inc. for the Fourth Avenue and S. 228th and Fourth Avenue and James Street signalization and release of retainage after receipt of the required releases from the State. Fourth Avenue Issues. Jim Lambkee, 930 4th Avenue North, noted that the vacant lot on 4th Avenue is being used as a dump and asked that it be blocked off. He noted that 1st, 2nd and 3rd Avenues are barricaded, and that 4th Avenue should be also. Lammbkee noted that there are no street lights , and that the speed limit should be lowered from 40 mph to 30 mph. He said that he has recently been in an accident on 4th Avenue and that he has been the victim of theft. Biteman noted that he had visited the area and agreed with Lambkee. Biteman also noted that Public Works personnel would visit the area this week. He agreed that the 40 mph speed limit should be reduced. Planning Director Harris noted for Dowell that the area is zoned MRG north of James. White suggested that this be referred to the Public Works and Public Safety Committees and that Lambkee be notified as to when this would be discussed. SIDEWALKS Neighborhood Pedestrian Improvements. Five bids were opened on September 15 for the neighborhood pedestrian improvement south of Willis Street. The two lowest bids were found to be non-responsive and the Public Works Director therefore recommends that all bids be rejected and for a new call for bids to be authorized. JOHNSON MOVED to reject all bids and to readvertise for the project. Woods seconded and the motion carried. SURPLUS PROPERTY 106th Avenue S.E. This date has been set for a public hearing on the sale of a house at 26801 106th Avenue S.E. , which has been declared surplus to the City ' s needs. The Mayor declared the hear- ing open. Upon a question from the audience, Wickstrom noted that the property would be sold through the bid process. BITEMAN MOVED to close the public hearing and Johnson seconded. The motion carried. JOHNSON MOVED that the property - 2 - September 20, 1988 SURPLUS PROPERTY declared as surplus be offered for sale to the highest bidder for the value of the property as determined by the Property Manager, plus admini- strative costs. Biteman seconded. Motion carried. PUBLIC/PRIVATE (CONSENT CALENDAR ITEM 3H) " OFFICE BUILDING Public/Private Office Building Project Agreements. AUTHORIZATION for the City Administrator to nego- tiate on behalf of the Cityj agreements with Sound Ventures, Inc. for the sale of City-owned property associated with the development of a new office building in downtown Kent. Further, the City Admini- strator is authorized to negotiate a lease agree- ment with Sound Ventures, Inc. for office space in the new building to be developed. All agreements negotiated by the City Administrator with respect to this project are subject to final approval by City Council. " SOLID WASTE WUTC Waste Collection. It has been requested that authorization be given to direct the City Administrator to write a letter to the Washington Utilities and Transportation Commission indicating that the City of Kent prefers that two companies, both of which are presently operating under tem- porary certificates, be authorized to provide waste collection service throughout the City of Kent on a permanent basis . Such action on behalf of WUTC would permit the current method of providing waste collection service to continue in the City of Kent. A draft letter has been distributed with the agenda materials. McFall noted that the administrative law judges had conducted a hearing for the WUTC with respect to certification of territories for the two applicant companies and have made a pro- posed ruling, recommending to the WUTC that the area of the city be split between the two companies . A map was displayed showing the proposal, with Kent Disposal serving downtown, Scenic Hill and the lower part of EAst Hill, and Tri-Star serving the rest of the City. McFall noted that this item comes to the Council from the Public Works Committee without a recommendation. The letter suggests that the status quo be preserved, under which both companies operate throughout the city. McFall noted that it was not known whether the W'JTC would consider the contents of the letter. Upon questions from White and Woods, City Attorney Driscoll stated that it is likely that it would be - 3 - September 20, 1988 SOLID WASTE necessary for the City to intervene in the proceed- ings in order to have the letter considered, but the letter would not commit the City to such inter- vention. Biteman noted that the WUTC should be aware of the City ' s feeling regarding the proposal to divide the city between the two haulers . It was determined by McFall that the proposal for the letter came from Kent Disposal. BITEMAN MOVED to direct the City Administrator to send such a letter and Johnson seconded. White noted that the City had decided to not endorse or support any of the haulers and it would appear that this letter would support two haulers. He suggested that the City should let the WUTC do its work, since the City had opted to go out of the garbage business. Johnson opined that the letter would give the City ' s support to the situation as it exists, allowing the citizens to choose either of the two companies . If the WUTC grants a franchise to one company only, the City will have to live with that decision. Dowell noted that the City sent a letter to the WUTC on July 13 , 1987 encouraging favorable consid- eration of the franchise application of Kent Dis- posal. Subsequently, on July 21 the Council unani- mously adopted Resolution 1141 which stated that the City did not favor any of the three haulers , all of which had applied for certification. Dowell objected to the Council appearing to now change its "hands off" policy as far as the WUTC is concerned. Biteman stated that he agreed with Dowell but that we should let the WUTC know that we are happy with the existing situation with two haulers serving the city. Dowell pointed out that the WUTC had held hearings for over a year which included testi- mony from Councilmembers and the City Administrator. Jack Davis, attorney for Tri-Star, opposed the letter, stating that it would be considered as opposition to his client. The City of Kent is not a party to this contested proceeding before the WUTC. The administrative judges have issued a pro- posed order, which is now before the commission under administrative appeal and exceptions are now being filed. He stated that input from the City will not be evidence in that proceeding. Resolu- tion 1141 stating the City' s "no position" is part of the record, as is McFall ' s testimony stating that the City was taking no position for either of the applicants. Davis stated that the WUTC has issued an order denying the Rabanco application 4 - September 20, 1988 SOLID WASTE based on Rabanco having not established that they had obeyed the laws applicable to carriers and that they had not established their financial fitness. He suggested that issuance of this letter would be an attempt to persuade the commission. If the City desires to intervene, an official petition should be filed to become a party to the proceedings. Upon Johnson ' s question, Davis stated that he opposes the letter inasmuch as all of the evi- dence has been concluded and closed and the City should not now be taking a position. He concluded -- that since Tri-Star does not need such support, that the letter is, therefore, in support of Kent Disposal. Jerry Graham of Tri-Star explained that the map showing the 1957 boundaries of the City was used by the commission and showed that the 1957 area would remain in the authority of Kent Disposal and the area annexed after 1957 would be granted to Tri-Star. He stated further that Tri-Star had applied for transfer of authority to give service inside the old core area and if granted, Tri-Star would overlap the Kent Disposal core area . Biteman clarified for Dowell that the recycling program was a separate item and not included in this consideration, and it was clarified that the letter had no reference to recycling. Gary Ewing of Kent Disposal pointed out that an appeal has been filed with 22 exceptions taken to the admini- strative law judges hearing. He noted that the City had expressed the desire to have competition which is what they now have. Dowell referred to the City ' s July 13 , 1987 letter supporting Kent Disposal ' s application, and suggested that sending the letter proposed tonight could be considered as interference at this point. Ewing noted that at prsent both companies were covering the city with- out complaints about service. He stated that the map under consideration by the WUTC would reverse some of the areas now served by Tri-Star and by Kent Disposal. He considered that the letter would be in keeping with Kent ' s wish to stay neutral. He noted that the City must be concerned with the best service for the area and stated that Kent Dis- posal had no problem with working with Tri-Star. - 5 - September 20, 1988 SOLID WASTE There were no further comments and upon Mayor Kelleher ' s question, Driscoll noted any communica- tion made would be an exparte communication which was not illegal and the City may send such a letter to the WUTC. The question is whether or not the commission can, or will consider the letter. It is likely that the City would have to intervene in the proceedings for the commission to consider the letter and it may be too late for such interven- tion. Biteman' s motion to send the letter resulted in a tie vote, with Biteman, Johnson and Mann vot- ing in favor, Dowell, White and Woods voting against and Houser abstaining. It having been established by the City Attorney that he had authority to vote in this instance, Mayor Kelleher then voted in favor of the motion and the motion carried. REZONE Riverbend Golf Course Rezone No. RZ-88-3. On August 31 , 1988, the Haring Examiner recommended conditional approval of a request by the Kent Parks Department Riverbend Golf Course to rezone approx- imately 2. 4 acres from RA, Residential Agricultural , to GC, General Commercial . The property is located on Russell Road approximately 350 feet north of Meeker Street. Fred Satterstrom of the Planning Department pointed out the property location on the map and noted that the southern portion is already zoned GC. McFall noted that the rezone will consolidate the zoning on the entire, five acre tract to allow for commercial development. WOODS MOVED to adopt the findings of the Hearing Examiner and to concur with the Hearing Examiner ' s recommendation of approval with one condition and to direct the City Attorney to prepare the required ordinance. Biteman seconded and the motion carried. HOUSING AND COM- Housing and Community Development Block Grant - 1989 MUNITY DEVELOPMENT Program. This public hearing will consider adoption of the 1989 Housing and Community Development Block Grant Program. Lin Ball of the Planning Department noted that the program for 1989 is a two-level program consisting of base level funding and higher level funding as follows . The higher level funding is dependant on the final federal entitlement budget and the program has been reviewed by the Planning Committee. She presented the following proposal: - 6 - September 20, 1988 HOUSING AND COM- CITY OF RENT 1989 HOUSING AND COMMUNITY MUNITY DEVELOPMENT DEVELOPMENT BLOCK GRANT PROGRAM AS RECOMMENDED BY THE COUNCIL PLANNING COMMITTEE ESTIMATED AMOUNT OF AVAILABLE FUNDS: $215,007/$227,948 LIMITS ON EXPENDITURES FOR ADMINISTRATION AND HUMAN SERVICES: 1989 Human Services ceiling $ 25,500 1989 Planning and Administration Ceiling $ 10,200 Project Type Recommended Recommended "Base Level" "Higher Level" Funding Funding 1. Program Planning & Admin $ 10,200 $ 10,200 Administration 2. Housing Repair Housing $111,882 $113,170 service Program Rehab 3. North Park Tot Lot Rehab $ 24,275 $ 24,275 Rehabilitation 4. Special Populations Rehab $ 6,640 $ 6,640 Resource Center Handicap Accessibility 5. South King County Acquisition $ 10,510 $ 20,820 Multi-Service Center Transitional Housing 6. Kent/Renton Joint Rental Housing Rehab $ 10,000 $ 10,000. " Housing Rehabilitation 7. Kaibara Park Phase III Public $ 10,000 $ 10,000 8. Kent Para-Transit Human Svc $ 3,650 $ 3,650 (Van-Go) 9. Kent Single-Parent Human Svc $ 2,770 $ 2,770 _.. Employment & Education 10. Kent Community Human Svc $ 12,450 $ 12,450 Health Services 11. DAWN Human Svc $ 6,630 $ 7,973 12. BN Railroad Depot Design Historic Pres. S 6,000 $ 6,000 $215,007 $227,948 Mayor Kelleher declared the public hearing open. Viola Keith, 6911 S. 129th Place, Seattle, Presi- dent of Kent Soroptomist Club, thanked the Human Services Commission and Council for considering funding for the Single Parent Program. The pro- gram provides education and job opportunities to Kent women. Dee Moschel, 448 Alpine Way, President of the Board of Directors for the Community Health Centers of King County, stated that they appreciate - 7 - September 20 , 1988 - HOUSING AND COM- the funding given to them in the past, which helped MUNITY DEVELOPMENT them move into their own building. She noted that the Center had had 400 additional visits in the first six months of 1988, and that they are serv- ing Kent ' s interests well. Sharon Atkin, 30901 E. Lake Morton Drive S.E. , of the South King County Multi-Service Center, noted that they provide rent assistance, gas , emergency food, energy assistance, emergency housing and transitional housing. She requested help in leasing transitional housing units , where people could stay for as long as three months, noting that emergency housing is only for two weeks. She asked for two years funding for two units in Kent which would be coordinated with their emergency housing as well as YWCA emergency housing units. Don Anderson, Director of Van-Go for the South King County Multi-Service Center, thanked the Council for their support the last three - years. He noted that the Van-Go program transports people to the senior center three days a week and pays the drivers salaries . They also provide trans- portation to medical appointments and they drive developmentally disabled adults to the work site at the Kent Activity Center. He added that they have recently been awarded dial-a-ride service within the city limits of Kent five days a week, which is available to the general public. There were no further comments from the audience and BITEMAN MOVED that the hearing be closed. Mann seconded and the motion carried. WOODS MOVED to approve the 1989 Housing and Community Development Block Grant Program as presented. Biteman seconded. Motion carried. SHORELINE PERMIT Signature Pointe Shoreline Substantial Development Permit No. SMA-88-4. On September 6, 1988, the City Council closed the public hearing and tabled the appeal by Triad Development of the Hearing Examiner ' s conditional approval of Signature Pointe Shoreline Substantial Development Permit No. SMA- 88 -4 . The appeal relates to Condition No. 2 , specifying a revised site plan to provide more than one ingress and egress point to the project. The property is located on 64th Avenue South, south of Meeker Street at SR516 . The Mayor noted that the motion is being removed from the table. The City Clerk read the motion as follows : JOHNSON MOVED to modify the findings of the Hearing Examiner to disagree and to delete Con- - 8 - September 20, 1988 SHORELINE PERMIT dition No. 2. Biteman seconded. Upon Woods ' question about Condition No. 2, requiring more than one ingress and egress, City Attorney Driscoll stated that since the proposed condition does not relate to the shoreline permit, the recommendation exceeds the Hearing Examiner ' s authority. The motion then carried unanimously. MANN MOVED that the City Attorney, the Planning Committee and the Public Safety Committee research initiating an -.. ordinance addressing the need for more than one ingress and egress point of entrance for such future developments . Johnson seconded and the motion carried. ZONING CODE (CONSENT CALENDAR ITEM 3C) AMENDMENT Zoning Code Amendment - M1 and M2 Zones. ADOPTION of Ordinance 2803 establishing gymnastic schools or similar uses as permitted uses in M1 and M2 zoning districts and establishing health and fitness clubs and facilities as permitted uses in the M2 district. ZONING - EAST Request for Review of Zoning. At the September 6, HILL ANNEXATION 1988 Council meeting, William Carey submitted a AREA C petition requesting that the Council review its action of March 1 , 1988 in establishing the zoning for Area C of the East Hill Well Annexation No. 2 . Comments were heard and in accordance with Council direction, a response was made, in the form of a letter from City Administrator McFall, mailed to all property owners in Area C and to all who had signed petitions on this subject. The letter has been made a part of the record. William Carey distributed copies of a letter dated September 19 , 1988 and then read it into the record, responding to McFall ' s letter. Referring to Ordi- nance 2469 Carey opined that the Council ' s decision on zoning was based on invalid and erroneous recom- mendations . He questioned the City interpreta- tion that the Comprehensive Plan is merely a guide, and opined that it was the basis for all zoning decisions. He stated that the Plan is considered by many as a statement of the City ' s intent regard- ing future development. An attachment to Carey ' s letter, entitled "Closing Remarks" was filed with the Clerk. Copies were made and distributed to the Council later. Carey read from the summary stating in part, that the Council had not followed City rules in making this zoning decision and that such action should be rescinded. 9 September 20, 1988 ZONING - EAST Myron Vigoren stated that before the area was HILL ANNEXATION annexed the residents were told by the City that AREA C zoning would be in accordance with the Comprehen- sive Plan. He stated that the property rights of the property owners had been disregarded by the City in zoning this property. Leona Orr stated that half of those signing Carey ' s petition did not live within Area C and of the 132 owners in Area C only 45 had signed Carey ' s petition. She commented that the residential zoning would pre- serve the area as rural. Charles Spurgeon agreed with Carey and Vigoren and noted that owners in this area had to agree to not oppose annexation in order to have City water made available to them. Jim Orr stated that these comments should have been made at the public hearing before the Hearing Exam- iner a year ago, when those opposing multi-family zoning gave testimony. McFall noted that his letter of September 16 , 1988 to the property owners and petitioners stated that there was no provision in the City Code covering rescission of any action taken by the City Council ; other than that an action could be rescinded at the same meeting such action was taken. He noted further that there was a 20-day appeal period but that no such appeal was filed. The option is for the property owners to apply for a rezone. Dowell and Mann expressed concern over the legal points raised by Carey and asked how best the Coun- cilmembers could have their concerns addressed by the City. DOWELL MOVED to consider Carey ' s legal allegations at a workshop session. Biteman seconded. City Attorney Driscoll noted that Carey has threatened litigation and suggested therefore that discussion of the specifics of this particular item be held in executive session. She noted that general ques- tions on issues of this nature relating to zoning could be properly discussed at a workshop session. This was acceptable to all and Dowell withdrew his motion. White stated he would schedule a workshop to discuss planning and zoning and later set this item for the September 27 workshop. No further comments were made and no action was taken on Carey ' s request to rescind the zoning action taken on March 1 , 1988. 10 - September 20, 1988 FINANCE (CONSENT CALENDAR ITEM 3I) Supplemental Budget Appropriation. APPROPRIATE $500 to be used to pay a portion of air fare and/or lodg- ing expenses for Officer Harry Hansen to attend the International Public Safety Olympics. Officer Harry Hansen has qualified to compete in the Inter- national Public Safety Olympics in Australia in October, 1988. Officer Hansen earned this honor through his successful competition in the National Public Safety Olympics wherein he earned six gold medals and two silver medals in swimming events. -• (CONSENT CALENDAR ITEM 3B) Approval of Bills. APPROVAL of payment of the bills received through September 22, after auditing by the Operations Committee at its meeting at 8: 30 a.m. on September 30, 1988. Approval of checks issued for vouchers: Date Check Numbers Amount 8/11-8/16 63620-63631 8/17-8/19 63963-63988 8/22-8/25 64106-64124 $244,190.04 8/31 64149-64634 565,374.82 $809,564.86 Approval of checks issued for payroll: Date Check Numbers Amount 9/02/88 108652-109258 $638,019.75 REPORTS Council President. Council President White announced that there will be a workshop on September 27at 7:00 pm. Items to be discussed are a review of the artist ' s selection for the Council Chambers fibre art pro- je•--t, a review of the slide presentation developed for the Parks & Recreation Gold Medal Award, a report on the Human Services Roundtable and a discussion on zoning issues and related items . White presented a resolution for consideration regarding executive sessions, providing that any alteration to the Council ' s directions regarding matters considered during executive sessions shall be brought before the Council for reconsideration prior to any change. Upon Biteman ' s question, City Attorney Driscoll noted that the information dis- cussed during executive sessions is confidential - 11 - September 20, 1988 REPORTS and is intended to remain private for the moment. Biteman suggested incorporating the confidentiality issue into the resolution. White asked that the City Attorney rework the resolution, including input from Councilmembers, for the next Council meeting. Public Works Committee. Johnson noted that the Public Works Committee would meet on September 27 at 4 : 00 p.m. in the Engineering Conference Room. Planning Committee. Planning Director Harris announced that there will be a meeting on the hous- ing study regarding the 20% reduction resolution at 7: 00 p.m. on September 28 in the Council Chambers . He noted that the public is invited for citizen input. ADJOURNMENT The meeting was adjourned at 9: 15 p.m. - Marie Je se , CMC City Cler - 12 - r ON Kent City Council Meeting Date October 4, 1988 Category Consent Calendar 1. SUBJECT: CENTENNIAL COMMITTEE 2 . SUMMARY STATEMENT: Confirmation of the Mayor ' s appointment of Sally Ann Storey to the Kent Centennial Committee to replace Don Campbell . 3 . EXHIBITS: Mayor ' s memo 4. RECOMMENDED BY: (Committee, Staff, Examiner , Commission, etc. ) 5 . EXPENDITURE EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: 6 . CITY COUNCIL ACTION: ••- Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 3C OFFICE OF THE MAYOR DATE: September 22, 1988 TO: Jim White, City Counc' r sident FROM: Dan Kelleher SUBJECT: KENT CENTENNIAL COMMITTEE APPOINTMENT For your information and confirmation, I have appointed SALLY ANN STOREY to the Kent Centennial Committee to assist in local planning for Centennial projects and programs , effective September 1988. Ms. Storey will replace Don Campbell and serve out Mr. Campbell 's term through January 1, 1990. Ms. Storey is an East Hill resident and has taken an active role in community events coordinating the annual Parade of Stars event and other community functions. Ms. Storey has served on the advisory board of the Kent Saturday Market and was committee chair of tourism for the Kent Chamber of Commerce. Her background includes past president of the Satellites - the Tacoma Stars booster club and most recently served as Promotions, Marketing and Advertising Director of Seattle International Raceway. Ms. Storey is currently President of Good Storey Tours. _. f Kent City Council Meeting 1 't Date October 4, 1988 Category Consent Calendar 1. •SUBJECT: DRINKING DRIVER TASK FORCE DONATIONS 2. SUMMARY STATEMENT: Acknowledgment of a donation of $1, 200 to the Task Force from the Kent Chamber of Commerce Foundation. These funds will be used for the parent education program entitled "Preparing for the Drug (Free) Years" . - v- YwU:9 Acknowledgment of donations by Dr . Leland Dawson and Patterson' s Optical for prizes in the "Keep a Friend Alive" design contest. 3 . EXHIBITS: None 4 . RECOMMENDED BY: (Committee, Staff , Examiner, Commission, etc. ) 5 . EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: 6 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No . 3D Kent City Council Meeting Date October 4, 1988 Category Consent Calendar 1. SUBJECT: EAST VALLEY ZONING IMPLEMENTATION - PLANNING COMMISSION 2 . SUMMARY STATEMENT: Authorization for : (1) the Planning Commission to apply zoning as well as make zoning map amendments as an area wide implementation of East Valley Zoning, (2) direct the City Attorney to prepare the necessary ordinance. 3 . EXHIBITS: Staff memo, Planning Committee minutes 4 . RECOMMENDED BY: Planning Committee 9/20/88 (Committee, Staff, Examiner, Commission, etc. ) 5 . EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: 6 . CITY COUNCIL ACTION: •. Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No . 3E G KENT PLANNING DEPARTMENT September 29, 1988 MEMO TO: Mayor Dan Kelleher and City Council Members FROM: James P. Harris, Planning Director SUBJECT: PROTHEPOSAL TO IMPLEMENTING TZONIN TG o THE THE PLANNING CEAS COMMISSION VALLEY STUDY AREA On September 20, 1988 the Council ' s Planning Committee considered a staff proposal to allow the Planning Commission rather than the Hearing Examiner to hold the public hearings on the implementing zoning for the East Valley area. The Committee voted unanimously to approve this proposal and to forward it to the Council for their consideration. The proposal is based on the fact that the implementing zoning is an area-wide zoning action rather than a more narrowly defined rezone action that normally falls within the Hearing Examiner's jurisdiction. There are precedents for this proposal in that such approval has been granted in the past for the implementing zoning for the Agricultural program and more recently for implementation of the Housing program. - JPH:ca KENT CITY COUNCIL PLANNING COMMITTEE September 20, 1988 4 : 00 PM Committee Members Present Staff Present Judy Woods, Chair Charlene Anderson Steve Dowell Lin Ball Jon Johnson Mimi Castillo Stephen Clifton Others Present Jim Hansen Jim Harris Pete Curran Carolyn Lake Chris Leady Greg McCormick Fred Satterstrom �y Dan Stroh [Kent VALLEY ZONING IMPLEMENTATION Stroh stated the East Valley zoning implementation is a result of the Council ' s approval of the East Valley Study. Major changes include a ercial corridor along East Valley Highway and an office zone at 212th and A public scoping meeting was held two weeks ago to discuss alternatives �. implementation, including potentially a new commercial district in the Zoning Code or designating GC, General Commercial, zoning with ricted uses. Staff requests that as an area-wide zoning action, the ning Commission be authorized to apply the zoning and make the zoning map dments as well . The committee voted unanimously to approve this requestforward it to the City Council for consideration. CHANGES TO HOUSING & COMMUNITY DEVELOPMENT BLOCK GRANT - 1989 PROGRAM This an added item to the agenda. Lin Ball presented King County ' s latest e ate of funds available for Kent' s 1989 Block Grant program. King County has p ared a "base level" funding estimate of an additional $7 , 000 approximately a a "higher level" funding estimate of $12 , 000 more ($19 , 000 total) , which amo depends on the final federal budget. The Planning Committee, at their st meeting, approved funding priorities for the additional $7 , 000 ; thes include any additional public (human) services funding would be provide I�to D.A.W.N. (approved by Human Services Commission) , a maximum of $6 , 0 to the Burlington Northern Depot project, and any remaining funds to the Ho ng Repair Program. Given the "higher level" estimate, staff requests an a tional $10, 310 for South King County Multi-Service Center Transitional Housin n order to fund two units for two years and any remaining funds for the Hous Repair Program. The Planning Committee unanimously approved the request r "base level" and "higher level" funding as presented. INTERLOCAL AGREEMENT - SOOS CREEK Fred Satterstrom stated that Auburn, Renton and Kent work e with the county to develop an interlocal agreement for the Soos Creek a to define Kent City Council Meeting Date October 4, 1988 rr � v Category Consent Calendar 1. SUBJECT: SOOS CREEK INTERLOCAL AGREEMENT 2 . SUMMARY STATEMENT: Authorize the Mayor to sign an interlocal agreement with King County to provide for cooperative planning between King County and the City of Kent for the Soos Creek community planning area . 3 . EXHIBITS: Interlocal agreement, staff memo, Planning Committee minutes 4. RECOMMENDED BY: Planning Committee 9/20/88 (Committee, Staff , Examiner , Commission, etc . ) 5 . EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: 6 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 3F KENT PLANNING DEPARTMENT September 29, 1988 TO: Mayor Dan Kelleher and City Council Members FROM: James P. Harris, Planning Director SUBJECT: PROPOSED SOOS CREEK INTERLOCAL PLANNING AGREEMENT WITH KING COUNTY On September 20, 1988, the City Council Planning Committee voted to recommend the proposed Soos Creek Interlocal Planning Agreement to the full Council. With concurrence by the full Council, the Mayor would be authorized to enter into this agreement with King County. The Soos Creek Interlocal Agreement recognizes that planning and .. land use decisions have extra-territorial impacts. Through inter- governmental cooperation, jurisdictions have a better opportunity to deal with these impacts and to influence the land use policy direction of their neighbors. The Soos Creek agreement encourages interlocal planning cooperation between the City of Kent and King County. Specifically, the agreement allows Kent and the County to review and comment on three areas of land use planning: development plan review, comprehensive plan development, and code development. In addition, the City and the County agree to work cooperatively in the future to define potential annexation areas and municipal service areas. At the present time, the King County Council is also considering adoption of this interlocal agreement. It is expected to be passed by the Council shortly. FS:JPH:ca KENT CITY COUNCIL PLANNING COMMITTEE September 20, 1988 4 : 00 PM Committee Members Present Staff Present Judy Woods, Chair Charlene Anderson Steve Dowell Lin Ball Jon Johnson Mimi Castillo Stephen Clifton Others Present Jim Hansen Jim Harris Pete Curran Carolyn Lake Chris Leady Greg McCormick Fred Satterstrom Dan Stroh EAST VALLEY ZONING IMPLEMENTATION Dan Stroh stated the East Valley zoning implementation is a result of the City Council ' s approval of the East Valley Study. Major changes i lude a commercial corridor along East Valley Highway and an office zone 212th and 167 . A public scoping meeting was held two weeks ago to discu alternatives for implementation, including potentially a new commerci district in the Kent Zoning Code or designating GC, General Com cial , zoning with restricted uses. Staff requests that as an area- de zoning action, the Planning Commission be authorized to apply the z ng and make the zoning map amendments as well. The committee voted unan' ously to approve this request and forward it to the City Council for co deration. oo; CHANGES TO HOUSING & COMMUNITY DEVE ENT BLOCK GRANT - 1989 PROGRAM This was an added item to the genda. Lin Ball presented King County ' s latest estimate of funds ava ' le for Kent' s 1989 Block Grant program. King County has prepared a "bas evel" funding estimate of an additional $7 , 000 approximately and a "hi r level" funding estimate of $12 , 000 more ($19 , 000 total) , which amount epends on the final federal budget. The Planning Committee, at the' last meeting, approved funding priorities for the additional $7 , 00 , these include any additional public (human) services funding would e provided to D.A.W.N. (approved by Human Services Commission) , maximum of $6, 000 to the Burlington Northern Depot project, and any re ining funds to the Housing Repair Program. Given the "higher level" e imate, staff requests an additional $10 , 310 for South King County Multi- rvice Center Transitional Housing in order to fund two units for two year and any remaining funds for the Housing Repair Program. The Planning Co ittee unanimously approved the request for "base level" and "higher 1 vel" funding as presented. Fto TERLOCAL AGREEMENT - SOOS CREEK ed Satterstrom stated that Auburn, Renton and Kent worked with the county develop an interlocal agreement for the Soos Creek area to define CITY COUNCIL PLANNING COMMITTEE MINUTES OF MEETING OF SEPTEMBER 20, 1988 each jurisdiction's expectation of the others and to better coordinate planning and development plan review among the four entities. There are four areas to which the interlocal agreement speaks. 1) The county and City of Kent agree to provide each other the opportunity to review and comment on plans for development at a threshold level within their respective jurisdictions. 2) The agreement spells out the county's and the City of Kent' s roles in the planning efforts within each other' s jurisdiction. 3) Each jurisdiction will consider the comments from the other jurisdiction on code changes affecting the Soos Creek area. 4) The county and City of Kent agree to work together on municipal service and potential annexation area agreements. There is within the agreement a Duration, Termination and Amendment section which provides a means for each jurisdiction to withdraw from the agreement upon providing 30 days notice pursuant to legislative action by either party. The timing of the agreement is crucial because the county is in the process of doing a Soos Creek update. Jim Hansen added that Auburn and Renton have passed virtually the same language. The agreement is in County Council Committee and is expected to pass. The interlocal agreement guarantees a successful planning effort in the Soos Creek area, will lead toward the opportunity for the City of Kent to work better with the county in the future, and provides an opportunity to set the stage for annexation agreements for Soos Creek and beyond. ..,, Jim Harris stated that there is wording in the agreement about the process of Soos Creek planning. Since that planning effort is underway, Mr. Harris would like to bring this issue before the City Council at the earliest possible time. Councilman Dowell noted the county has already informed the City of Kent on one occasion that it cannot deal with the City because there is no interlocal agreement; Jim Harris stated that is the issue with the City's challenge of the county's Hearing Examiner process on a couple of subdivisions. Mr. Harris stated this interlocal agreement might apply partly in that circumstance although that particular issue relates more to interlocal agreements regarding traffic mitigation. Mr. Harris replied to .., Councilman Dowell that because the City has an ordinance relating to provision of water and sewer service to areas outside the City boundary, this agreement would not be used to require provision of service to areas where the City does not desire to provide service. The committee unanimously approved forwarding the interlocal agreement to the October 4th meeting of the City Council . Jim Hansen added that the county has improved immensely on letting the City of Kent know about planning activities occurring within the county. OWWWO ._• H ING EXAMINER APPROVAL OF EXCEPTIONS TO HE COND SECTIO ZONING CODE ZCA-88-5 Jim Harris his was an added item to Mr. Harris clarified fo cilman Dowell that when an applicant has a pro3ec nvolves 2 A COOPERATIVE PLANNING AGREEMENT BETWEEN KING COUNTY AND KENT FOR THE SOOS CREEK COMMUNITY PLANNING AREA WHEREAS, within their own jurisdictions, King County and Kent each has responsibility and authority derived from the Washington State Constitution and state laws to plan for and regulate uses of land and by law must consider the impacts of its actions on adja- cent jurisdictions; and WHEREAS, King County and Kent recognize that planning and land use decisions can have extra-jurisdictional impacts and that intergovernmental cooperation is an effective way under existing law to deal with impacts and opportunities which cross jurisdictional boundaries; and WHEREAS, cooperative efforts can increase efficiency of government by minimizing conflicts and providing more mutually satisfactory land use and planning decisions; and WHEREAS, King County Comprehensive Plan policies PI-301 through PI-305 encourage inlerjurisdictional cooperation and the use of interlocal agreements to implement solutions to major planning issues; and WHEREAS, King County and Kent desire to jointly achieve the effective management of Impacts associated with new development, the efficient provision of needed levels of urban service, the coordinated preparation of land use, functional and capital improvement plans, and the delineation of appropriate potential annexation areas; and WHEREAS, King County is initiating the update of the Soos Creek Community Plan which Is within King County's jurisdiction but is partly within Kent's planning area; NOW, THEREFORE, KING COUNTY AND KENT AGREE AS FOLLOWS: I. INTRODUCTION This Soos Creek Community Planning Area Agreement is envisioned as the first In a series of cooperative planning agreements between King County and Kent. Subsequent agreements Identifying Kent's Municipal Service Area and Potential Annexation Area will be developed as an outcome of the county's and city's cooperation in updating the Soos Creek Community Plan. These subsequent agreements would be intended to implement the updated Soos Creek Community Plan, once adopted. 11. PURPOSES The purposes of this agreement are to: A. Establish a cooperative relationship through which King County and Kent can develop and maintain compatible land use policies, zoning and develop- ment standards within the Soos Creek planning area; and B. Provide a means by which King County and Kent will consider each other's plans, regulations and policies in land use development, capital improvement C:IAKNT 1 8/25/88 project planning and natural resource protection within the Soos Creek Community Planning Area; and C. Create a workable system for interjurisdictional communication and coor- dination between the county and city throughout the processes of updating, adopting and, subsequently, implementing the Soos Creek Community Plan; - and D. Minimize inconsistencies between the Soos Creek Community Plan, the King County Comprehensive Plan and Kent's Comprehensive Plan; and E. Increase the efficiency and reduce the costs of planning for the area by preventing duplication of efforts by the Iwo jurisdictions; and F. Promote a more predictable and certain process and produce more understandable and long-lasting policies for residents, property owners, deve- lopers and other agencies and jurisdictions; and G. Increase the visibility of King County's and Kent's planning efforts, making their decision-making more understandable to the public; and H. Define the means by which King County will obtain Kent's cooperation in achieving regional goals for: urban residential densities: the provision of a ° full range of housing opportunities; the protection of natural resources, rural areas, open space and the environment; economic development; and historic preservation; and I. Provide the means for determining Kent's Municipal Service and Potential Annexation Areas. III. DEFINITIONS A. GEOGRAPHIC AREAS: 1. PLANNING AREA is that portion of the Soos Creek Community Planning Area outside Kent's city limits for which the city prepares or assists the county in preparing land use policies as shown on the map attached hereto as Exhibit A. 2. IMPACT AREA is the area outside Kent's city limits within which new development is likely to have an impact on the city. 3. MUNICIPAL SERVICE AREA is the area outside Kent's city limits which is the composite of the city's sewer, water and fire protection franchise areas, together with any areas for which the city has a --• contractual obligation to serve. Municipal Service Area Includes those areas the city currently serves as well as those areas for which there are plans approved by King County for future service. 4. POTENTIAL ANNEXATION AREA is an area outside Kent's city limits which the county and the city agree is logical to consider for annexa- tion by the city. Such areas are determined by joint effort of the C:IAKNT 2 8/25/88 • i I county's and city's elected officials and staffs. This effort also involves a public hearing process to solicit the input of the general public, area residents, property owners and affected local governments. B. CODE or PLAN DEVELOPMENT is the preparation or major amendment of any of these land use regulations or planning documents: 1. LAND USE REGULATIONS: Ordinances which adopt or make major amendments to regulations controlling the development of land. 2. LAND USE PLANS: Planning documents which express goals, policies and plans for land use, such as comprehensive or community plans. 3. FUNCTIONAL AND CAPITAL IMPROVEMENT PLANS: Plans for the pro- vision of public facilities and services, such as water, sewer, transpor- tation and open space plans. C. PLAN PARTICIPATION is the involvement of the county or city in developing the other's plans. D. AGENCY NOTICE Is written notification mailed through regular post or hand delivered from the county to city, or vice versa, which is given in a manner consistent with ensuring timely exchange of information In considering each other's plans and policies. E. REVIEW AND COMMENT OPPORTUNITY is the provision of pertinent materials for a reasonable amount of time during which a reviewing juris- diction can review materials and prepare responses. The specific mechanics and timeframe shall be determined administratively by the county and city and shall provide for interagency discussion prior to the formalized proce- dures and timeframes of local SEPA ordinances. F. STAFF CONSULTATION is a commitment to give the other jurisdiction an opportunity to ask questions and make comments at the staff level. The reviewing jurisdiction has the opportunity to request a meeting to get information and explanation and to indicate the relative compatibility of the action or plan being considered with its own plans and policies. This opportunity includes a commitment by the initiating jurisdiction to include in its pertinent staff report the reviewing jurisdiction's timely submitted written comments. IV. KING COUNTY'S RESPONSIBILITIES A. Development Permit Review STATEMENT OF INTENT: THE INTENT OF THIS SECTION OF THE AGREEMENT IS TO INVOLVE KENT IN THE EARLIEST POSSIBLE STAGE OF DEVELOPMENT PERMIT REVIEW IN ORDER TO DECREASE THE NUMBER OF DISPUTES ABOUT PROPOSED DEVELOPMENTS BETWEEN KING COUNTY AND KENT. 1. In reviewing the development permits listed in this section in the PLANNING AREA shown on the map attached hereto as Exhibit A, the C:IAKNT 3 8/25/88 King County Building and Land Development Division shall provide Kent with AGENCY NOTICE, REVIEW AND COMMENT OPPORTUNITY, and the opportunity for STAFF CONSULTATION before making a threshold determination. BALD shall invite Kent's staff to participate in a tech- nical screening meeting which will initially review the permit to deter- mine if additional information is required before the threshold ,..• determination can be made. 2. All development permits which are not categorically exempt from threshold determinations and EIS requirements under King County's ' environmental procedures are subject to this agreement, including but not limited to: a. Zoning reclassifications b. Preliminary subdivisions, including short plats C. Preliminary planned unit developments d. Unclassified use and conditional use permits e. Shoreline substantial development permits f. Approval of any of the following: I. more than 20 dwelling units ii. agricultural buildings of 30,000 square feet or more Ill. school, office, commercial, industrial, recreational, service and storage buildings of 12.000 square feet or more iv. parking lots for more than 40 automobiles V. filling, grading or excavating of 500 cubic, yards or more. B. Plan Development STATEMENT OF INTENT: THE INTENT OF THIS SECTION OF THE AGREEMENT IS TO INVOLVE KENT IN KING COUNTY'S UPDATE OF THE SOOS CREEK COMMUNITY PLAN IN ORDER TO OBTAIN THE CITY'S CONCURRENCE WITH THE UPDATED PLAN'S POLICIES AND ZONING AND TO OBTAIN THE CITY'S COMMITMENT TO HELPING KING COUNTY ACHIEVE _.. REGIONAL POLICY GOALS IN THAT PART OF THE SOOS CREEK PLANNING AREA WHICH IS KENT'S PLANNING AREA. 1. When it undertakes Plan Development in the planning area shown on the map attached hereto as Exhibit A, the King County Planning and Community Development Division shall provide Kent with AGENCY NOTICE, REVIEW AND COMMENT OPPORTUNITY, and opportunities for STAFF CONSULTATION and PLAN PARTICIPATION. During the Soos Creek Community Plan's development the King County Planning and Community Development Division shall: a. provide an opportunity for Kent's staff to serve on the Technical Resource and Advisory Committee with other agencies and juris- dictions which have interests in the Soos Creek planning area; b. recommend candidates who have been nominated by Kent for the Citizen Advisory Committee to be appointed by the King County Council; - C. work with Kent staff to propose the issues the update will address; d. consider comments from Kent's staff on data, land use alter- C:IAKNT 4 8/25/88 natives, the draft Environmental Impact Statement and capital improvement project recommendations; e. provide Kent the opportunity to discuss disputed issues in a good faith attempt to resolve differences before the draft plan is completed and submitted to the Executive; f. work with Kent to define the boundaries of the city's potential annexation area and the criteria by which to determine when annexation of any part of that area is appropriate; g. encourage Kent to adopt the policies and zoning of the updated Soos Creek Community Plan for that part of the city's planning area which is in the Soos Creek planning area; h. work with Kent and all other suburban cities to compare county and city development standards in order to determine whether or not it is possible to develop one set of urban development stan- dards that could be ultimately applied in the cities and the urban areas of unincorporated King County. 2. King County shall provide Kent the following opportunities to participate in the review of the Executive Proposed Soos Creek Community Plan: a. Kent may comment on the Executive Proposed Plan at the King County Council's first public hearing to introduce that plan to the general public. Kent will receive notice of that hearing at least fifteen days before it is held. b. Kent may comment on proposed policies and area zoning at the County Council Panel meetings during which the proposed plan is reviewed. King County Council staff and/or Planning and -. Community Development Division staff will Inform Kent staff of the time, place and the agenda before each meeting. C. Kent may comment on the Council Panel proposed Soos Creek Community Plan and Area Zoning when the County Council holds its final public hearing on the plan. 3. King County shall provide AGENCY NOTICE to the city when it initiates planning for capital improvement projects, such as roads and surface water management facilities, which are not categorically exempt from threshold determinations and EIS requirements under King County's environmental procedures. King County shall also provide Kent oppor- tunities for STAFF CONSULTATION and REVIEW AND COMMENT. C. Code Development 1. When it undertakes CODE DEVELOPMENT of the codes listed in this section King County shall provide Kent with AGENCY NOTICE and REVIEW AND COMMENT OPPORTUNITY. 2, The codes subject to this agreement include: a. zoning code b. subdivision and short plats C. environmental regulations d. shoreline regulations e. development standards C:IAKNT 5 8/25/88 D. Municipal Service and Potential Annexation Areas 1. King County shall work with Kent to define the city's POTENTIAL ANNEXATION and MUNICIPAL SERVICE AREAS and to adopt interlocai agreements between them which define how regional goals will be jointly achieved within those areas. 2. King County shall support those annexations proposed by Kent that comply with the adopted interlocai agreement for POTENTIAL ANNEXATION AREAS. ✓ 3. King County will not support annexations proposed by Kent that would prevent the achievement of regional goals for urban residential den- sities, the provision of a full range o1 housing opportunities, the pro- tection of natural resources, rural areas, open space and the environment, transportation• economic development and historic pre- servation. V. KENT'S RESPONSIBILITIES A. Development Permit Review STATEMENT OF INTENT: THE INTENT OF THIS SECTION OF THE AGREEMENT IS TO INVOLVE KING COUNTY IN KENT'S REVIEW OF DEVELOPMENT PERMITS IN ORDER TO DECREASE THE NUMBER OF DISPUTES ABOUT PROPOSED DEVELOPMENTS BETWEEN KING COUNTY AND KENT. 1. When it undertakes review of the development permits listed in this section within the city; Kent shall provide the King County Planning and Community Development Division with AGENCY NOTICE, REVIEW AND COMMENT OPPORTUNITY, and the opportunity for STAFF CONSULTATION. 2. All permits which are not categorically exempt from threshold deter- minations and EIS requirements under Kent's environmental procedures are subject to this agreement, including but not limited to: a. Zoning reclassifications b. Preliminary subdivisions, including short plats C. Preliminary planned unit developments d. Unclassified use and conditional use permits e. Shoreline substantial development permits I. Approval of any of the following: 1. more than 20 dwelling units ii. agricultural buildings of 30,000 square feet or more iii. school• office, commercial• industrial, recreational, service and storage buildings of 12,000 square feet or more IV. parking lots for more than 40 automobiles V. filling, grading or excavating of 500 cubic yards or more. B. Plan Development C:IAKNT 6 8/25/88 STATEMENT OF INTENT: THE INTENT OF THIS SECTION OF THE AGREEMENT IS TO ENSURE THAT COOPERATIVE LAND USE PLANNING BETWEEN KENT AND KING COUNTY WILL RESULT IN COMPATIBLE PLANS AND AREA ZONING AND THE ACHIEVEMENT OF REGIONAL POLICY GOALS. 1. When it undertakes Plan Development, Kent shall provide the King County Planning and Community Development Division with AGENCY NOTICE, REVIEW AND COMMENT OPPORTUNITY, and opportunities for STAFF CONSULTATION and PLAN PARTICIPATION. a. Kent agrees to use its plans, policies, zoning and other regulatory controls to encourage citywide achievement of regional goals for: urban residential densities; the provision of a full range of housing opportunities, including affordable housing; the protection of natural resources, rural areas, open space and the environ- ment; transportation; economic development; and historic preser- vation. 2. During the Soos Creek Community Plan's development, Kent shall: a. advise King County about its plans, policies, zoning and other regulatory controls so that the Soos Creek Community Plan and Kent's plans are as compatible as possible; b. provide staff to serve on the county's Technical Resource and Advisory Committee for the update of the Soos Creek Community Plan. Kent's staff is responsible for providing county staff with information about the city's goals, plans and policies and for advising county staff about the compatibility of proposed updated policies with Kent's plans: c, provide the county data on existing conditions and growth and development trends within the city upon which the land use alternatives shall be partly based; d. work with King County to define the boundaries of the city's potential annexation area and criteria by which to determine when annexation of any part of that area is appropriate; e. consider adopting the policies and zoning of the updated Soos Creek Community Plan for that part of Kent's planning area which is in the Soos Creek planning area; f. work with King County•and all other suburban cities to compare county and city development standards in order to determine whether or not it is possible to develop one set of urban deve- lopment standards that could be ultimately applied in the cities and the urban areas of unincorporated King County. 3. Kent shall provide AGENCY NOTICE to the county when it initiates annual planning for capital improvement projects such as roads and surface water management facilities. Kent shall also provide King County opportunities for STAFF CONSULTATION and REVIEW AND COMMENT. C. Code Development C:IAKNT 7 8/25/88 When it undertakes CODE DEVELOPMENT of the codes listed in this section Kent shall provide the County with AGENCY NOTICE and REVIEW AND COMMENT OPPORTUNITY. 2. The codes subject to this agreement include: _ a. zoning code b. subdivision and short plats C. environmental regulations d. shoreline regulations e. development standards D. Municipal Service and Potential Annexation Areas 1. Kent shall work with King County to define the city's POTENTIAL ANNEXATION and MUNICIPAL SERVICE AREAS and to adopt inlerlocal -• agreements between them which define how regional goals will be jointly achieved within those areas. 2. Kent agrees that It shall negotiate with King County to adopt a POTENTIAL ANNEXATION AREA interlocat agreement as part of the process of reviewing any major annexation proposal. 3. Kent agrees that it shall only Include within it's POTENTIAL ANNEXATION AREA lands which conform to the following criteria: a. The area is designated by King County Comprehensive Plan Map as urban. Transitional areas can be included it redesignated to urban through the adopted Soos Creek Community Plan. b. Agricultural districts, as designated on the Comprehensive Plan Map, shall not be included, unless continued management of the resource would be maintained or enhanced, through a legally binding agreement with Kent. C. Rural Land as designated on the Comprehensive Plan Map shalt not be included. d. Areas which contain environmentally sensitive or other features which are addressed by King County protective policies and/or regulations may be included if Kent's environmental polices and/or regulations would provide the same or more protection or if Kent agrees to adopt the more restrictive policies and/or regu- lations of the county for the areas. Environmentally sensitive or other features include but are not limited to: wetlands, steep slopes, floodways, landslide areas, coal mine hazard areas, erosion hazards, shorelines, designated open space, and historic sites on the county's register. ~ V. ADMINISTRATION OF THIS AGREEMENT The responsibility for administering this agreement shall rest jointly with the King County Executive and the Mayor of the City of Kent through their respective designees. Within ten (10) days of the signing of this agreement, the designees shall inform each other of the name and address to be used in correspondence C:IAKNT 8 8/25/88 regarding this agreement. King County and Kent shall each be responsible for their own costs Incurred pursuant to this agreement unless some other contrac- tual arrangements are made. VII. DURATION, TERMINATION AND AMENDMENT This agreement shall become effective on the date of Its mutual adoption by the parties and shall remain in effect until terminated in writing after thirty (30) days notice pursuant to legislative action of either party. This agreement may be amended only by express written agreement of both parties pursuant to legisla- tive action by each. KING COUNTY CITY OF KENT Tim Hill Dan Kelleher King County Executive Mayor C:IAKNT 9 8/25/88 Kent City Council Meeting Date_ October 4, 1988 Category Consent Calendar 1. SUBJECT: RIVERBEND GOLF COURSE REZONE - ORDINANCE 2. SUMMARY STATEMENT: Adopt Ordinance No . rezoning a certain portion of the Riverbend Golf Course property from RA, Residential Agricultural to GC, General Commercial . 3 . EXHIBITS: Ordinance 4. RECOMMENDED BY: Council, 9/20/88 (Committee, Staff , Examiner , Commission, etc. ) 5 . EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: 6 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 3G ORDINANCE NO. AN ORDINANCE of the City of Kent, Washington, relating to land use and zoning, amending the zoning of a portion of the ,. Riverbend Golf Course generally located on Russell Road approximately 350 feet north of Meeker Street from RA, Residential Agricultural, to GC, General Commercial. WHEREAS, an application for rezone of a portion of the Riverbend Golf Course was filed on June 23, 1988 for the property - ligenerally described above and particularly described in the attached Exhibit A, incorporated herein by this reference; and WHEREAS, the applicant requested that the property be rezoned from RA, Residential Agricultural, to GC, General Commercial; and WHEREAS, the Hearing Examiner held a public hearing to consider the rezone of the property on August 17, 1988; and WHEREAS, following the public hearings and consideration of all reports and testimony submitted into the record on the proposed rezone and the staff recommendation, the Hearing Examiner for the City of Kent rendered her Findings, Conclusions, and ,.. Recommendations for conditional approval on August 31, 1988, in City of Kent Parks Department Riverbend Golf Course: Findings and Recommendation of the Hearing Examiner for the City of Kent; and WHEREAS, on September 20, 1988, a hearing was held before the City Council at 7 o'clock p.m. in the City Hall of the City of Kent, upon proper notice given; and WHEREAS, the condition of the recommendation that the City be deeded the necessary property to provide certain right-of-way has been met in that it is City-owned property; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT WASHINGTON DOES 0 S HEREBY ORDAIN AS FOLLOWS: Section 1. The Findings, Conclusions, and Conditional Recommendation of the Hearing Examiner as set forth in City of Kent Parks Department Riverbend Golf Course: Findings and Recommendation of the Hearing Examiner for the City of Kent, which is on file with the Kent City Clerk, are hereby adopted and the Findings, Conclusions, and Conditional Recommendations are concurred with for this site. Section 2. Zoning for this site, generally located on Russell Road approximately 350 feet north of Meeker Street, and legally described in attached Exhibit A, incorporated by this reference herein, is hereby changed from RA, Residential Agricultural, to GC, General Commercial . Section 3. The rezone is subject to the condition that the City be deeded the necessary property to provide a half-street right-of-way of 30 feet as measured from the existing right-of-way center line of Russell Road including a 35 feet right-of-way radius at the intersection of Meeker Street. i Section 4. Effective Date. This ordinance shall take effect and be in force five (5) days from and after its passage, approval and publication as provided by law. DAN KELLEHER, MAYOR ATTEST: MARIE JENSEN, CITY CLERK APPROVED AS TO FORM: ISANDRA DRISCOLL, CITY ATTORNEY - 2 - i Kent City Council Meeting Date October 4, 1988 Category Consent Calendar - 1. SUBJECT: ARTWORK SELECTION FOR COUNCIL CHAMBERS { 2 . SUMMARY STATEMENT: Approval selection of artist Dana Boussard for the Kent City Council Chambers Fibre Art Commission. Project jury members included: Christie Houser, Judy Woods, Kent City Council ; Sue Jones , Grace Hiranaka, Merrily Manthey, Kent Arts Commission; arts professionals Fred Bassetti (architect Kent City Hall) , Larry Metcalfe (artist/instructor Seattle Pacific University) and City Administrator Brent McFall . 3 . EXHIBITS: None 4. RECOMMENDED BY: Art Selection Jury, 8/26/88 and Kent Arts Commission 9/27/88 (Committee, Staff , Examiner , Commission, etc . ) 5 . EXPENDITURE REQUIRED: $5,000 _ SOURCE OF FUNDS: City Art Fund (Ordinance 2552 ) 6 . CITY COUNCIL ACTION: Councilmember moves , Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No . 3H I n � t Kent City Council Meeting �? Date October 4, 1988 Category Consent Calendar 1. SUBJECT: LID 297 - MEEKER STREET IMPROVEMENT 2 . SUMMARY STATEMENT: Accept as complete the contract with Scarsella Brothers for construction of LID 297 - Meeker St. Improvements and release of retainage after receipt of the releases from the State. 3 . EXHIBITS: Memorandum from the Director of Public Works 4 . RECOMMENDED BY: (Committee, Staff , Examiner, Commission, etc. ) 5 . EXPENDITURE REQUIRED: $ SOURCE OF FUNDS : 6 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 31 DEPARTMENT OF PUBLIC WORKS September 29, 1988 TO: MAYOR KELLEHER AND CITY COUNCIL FROM: DON WICKSTROM RE: L.I.D. 297 - MEEKER STREET IMPROVEMENTS This project constructed street improvements on Meeker Street from West Valley Highway to Russell Road. The contract was awarded to Scarsella Brothers on March 4, 1985 for the bid amount of $1, 557, 310. 66 . While construction has been completed for some time, acceptance of the project was delayed until the City was able to settle a claim with the contractor. The final construction costs were $1, 680, 835. 87 with total project costs of $2, 303,714 . 92 . It is ,... recommended the project be accepted as complete -and retainage released after receipt of the releases from the State. Y Kent City Council Meeting Date October 4. 1988 Category Consent Calendar. 1. SUBJECT: GUIBERSON RESERVOIR CONTROL MODIFICATIONS 2 . SUMMARY STATEMENT: Accept as complete the contract with Omega Contractors for the Guiberson Reservoir Control Modification Project and release of retainage after receipt of the releases from the State . 3 . EXHIBITS: Memorandum from the Director of Public Works 4. RECOMMENDED BY: (Committee, Staff , Examiner , Commission, etc . ) 5 . EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: 6 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION• ACTION• Council Agenda Item No . 3J DEPARTMENT OF PUBLIC WORKS September 29, 1988 TO: Mayor Kelleher and City Council FROM: Don Wickstrom RE: Guiberson Reservoir Control Modifications This project included the construction of a valve and meter building with related appurtenances for the Guiberson Reservoir. The project was awarded to Omega Contractors for the bid amount of $167 , 849 in November of 1986. Construction was actually complete some time ago; however, due to changes in personnel and project management, final acceptance was not requested. Final construction costs are $202 , 615. 07 . It is recommended the contract with Omega Contractors be accepted as complete and retainage released after receipt of releases from the State. Kent City Council Meeting Date October 4, 1988 Category Other Business 1. SUBJECT: ZONING CODE AMENDMENT NO. ZCA-88-6, HEARING EXAMINER CONSIDERATION OF CONDITIONAL USE PERMITS 2 . SUMMARY STATEMENT: On July 25. 1988 , the Planning Commission recommended to the City Council that KCC Section 15 . 09 .030E be amended to allow the Hearing Examiner discretion in approving, denying or conditioning exceptions to development standards including height of unique structures , signs and setbacks, when a .- conditional use permit is required . On September 6, 1988 , the City Council referred the recommendation to the Planning Committee, who on September 20, 1988 voted unanimously to recommend approval of this amendment . 3 . EXHIBITS: Planning Commission minutes , staff memo, City Council minutes (8/16/88) and (9/6/88) , Planning Committee minutes 4 . RECOMMENDED BY: Planning Commission 7/25/88 Planning Committee 9/20/88 (Committee, Staff, Examiner , Commission, etc. ) 5 . EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: 6 . CITY COUNCIL ACTION: Councilmember_414A+�/ moves, Councilmember ZA/V--seconds to approve zo(4missitn g cod amendment No. ZCA-88-6 as recommended by the Planning and Planning Committee and to direct the City Attorney prepare the amending ordinance. DISCUSSION: ACTION: Council Agenda Item No . 4A KENT PLANNING DEPARTMENT September 29, 1988 MEMO TO: Mayor Dan Kelleher and City Council Members FROM: James P. Harris, Planning Director SUBJECT: HEARING EXAMINER DISCRETION REGARDING HEIGHT, SIGNS, ETC. WHEN A CONDITIONAL USE PERMIT IS REQUIRED On July 25, 1988 the Planning Commission recommended to the City Council that the Hearing Examiner be authorized to consider certain exceptions to development standards under the conditional use permit section of the zoning code. The Council reviewed the Commission' s recommendation on August 16, 1988 and referred it to a Council workshop which was held on August 30, 1988. The matter was next before the Council on September 61 1988 and at that meeting was referred to the Council 's Planning Committee. The Planning Committee met on September 20, 1988 and voted unanimously to recommend to the Council to uphold the Planning Commission' s recommendation. The minutes from the Committee meeting are attached. JPH:ca Attachment CITY COUNCIL PLANNING COMMITTEE MINUTES OF MEETING OF SEPTEMBER 20, 1988 each jurisdiction' s expectation of the others and to better coordinate planning and development plan review among the' four entities. There ar four areas to which the interlocal agreement speaks. 1) The county an ity of Kent agree to provide each other the opportunity to review and omment on plans for development at a threshold level within the ' -. respective jurisdictions. 2) The agreement spells out the county' s nd the City of Kent' s roles in the planning efforts within each other' s, ' risdiction. 3) Each jurisdiction will consider the comments from the of er jurisdiction on code changes affecting the Soos Creek area. 4) Tbo county and City of Kent agree to work together on municipal service. and potential annexation area agreements. There is within the agreement a uration, Termination and Amendment section which provides a means for eZ jurisdiction to withdraw from the agreement upon providing 30 days Mice pursuant to legislative action by either party. The timing of the reement is crucial because the county is in the process of doing a Soos eek update. Jim Hansen added that Auburn and R ton have passed virtually the same language. The agreement is in Cou Council Committee and is expected to pass. The interlocal agreement rantees a successful planning effort in the Soos Creek area, will lead ward the opportunity for the City of Kent to work better with the county n the future, and provides an opportunity to set the stage for annexation greements for Soos Creek and beyond. Jim Harris stated that t re is wording in the agreement about the process of Soos Creek planning. Since that planning effort is underway, Mr. Harris would like to bring is issue before the City Council at the earliest possible time. Coun lman Dowell noted the county has already informed the City of Kent on on occasion that it cannot deal with the City because there is no interlocal greement; Jim Harris stated that is the issue with the City' s challeng of the county' s Hearing Examiner process on a couple of subdivisions. Mr. Harris stated this interlocal agreement might apply partly in th circumstance although that particular issue relates more to /improved al reements regarding traffic mitigation. Mr. Harris replied to a Dowell that because the City has an ordinance relating to of water and sewer service to areas outside the City boundary, this would not be used to require provision of service to areas where does not desire to provide service. ittee unanimously approved forwarding the interlocal agreement to the 4th meeting of the City Council . Jim Hansen added that the county roved immensely on letting the City of Kent know about planning es occurring within the county. HEARING EXAMINER APPROVAL OF EXCEPTIONS TO DEVELOPMENT STANDARDS UNDER THE CONDITIONAL USE PERMIT SECTION OF THE KENT ZONING CODE (ZCA-88 5) Jim Harris stated this was an added item to the agenda. Mr. Harris clarified for Councilman Dowell that when an applicant has a project which involves 2 CITY COUNCIL PLANNING COMMITTEE MINUTES OF MEETING OF SEPTEMBER 20, 1988 \ both a variance and a conditional use permit, this proposal allows the 1 Hearing Examiner to consider both issues. Councilman Dowell stated the proposal expedites consideration of a development when both a variance and conditional use permit are required. When just a variance is required, the issue would still go before the Board of Adjustment. The committee unanimously approved forwarding the Planning Commission recommendation to the City Council at their meeting of October 4 . ,., REGULATORY REVIEW - PUBLIC STORAGE FACILITIES #ZCA-88-1 Ch ' rwoman Woods had talked with Councilmen Johnson and Dowell to discuss allo 'ng public storage facilities in the CC, Community Commercial, zoning distri and mitigating the impact of unsightly facilities. Jim Harris stated t t if the Planning Committee recommends such facilities, staff would like to ha e applied standards for those facilities. Stephen Clif n distributed a list of standards which had been developed after discussi between staff and the applicant at the Planning Commission' s direction. Desi was a major concern. Mr. Clifton passed around photos of the Totem Lake min' -storage facility. Mr. Clifton clarified or Councilman Dowell that if approved, public storage facilities would be al wed in a CC, Community Commercial, zoning district only as a conditional u e; further, there would be additional standards applicable to public stora \remnaining ities. Discussion occurred on the proposed standards. Councilman Dowestioned the proposed language under "Use" to determine if it accompwhat is intended, i.e. , to remove public storage from street frontMr. Harris suggested rewording to allow access to public storage f from the primary street frontage but to have commercial along thet frontage and public storage in back. Councilman Dowell is conth a proliferation of public storage facilities might occur a prim y street frontage such as Benson Highway. Mr. Curran agrhat st ct standards to prevent such an occurrence would be appro . Mr. rran suggested wording to limit frontage to access with thining fron e for commercial/office use. Mr. Curran suggested allowing applicants to determine their needs for security, e.g. , fencing, but to require appropr' to screening. Mr. Harris agreed the fencing must be compatible with CC orgy,potential CC uses. Mr. Clifton described the landscaping requirements for f ont, side and rear yards and indicated extensive screening with a chain link\als uld not be as much of an impact as viewing a solid wood fence with material. It was agreed that this issue would be brought back toning Committee at their meeting of October 4 to finalize language awould be taken to the City Council meeting that same night. The recommendat n would be to approve the appeal and direct the City Attorney to prepare the required ordinance, including the proposed standards. 3 September 6 , 1988 SHORELINE PERMIT It was determined for Council that the access road was - APPEAL 24 feet wide, plus sidewalks . Mary Williams of 25331 -- 68th Avenue South, stated that if preserving the shore- line were the issue, the development would not be allowed at all. She pointed out that a good road should _ e required and favored the Hearing Examiner ' s con- d tion. Leona Orr, 24909 114th Avenue S,..E. , stated tha there seemed to be some confusion as to which areas the Hearing Examiner had jurisdi/tion over. She asked to have some explanation made ;zr the public. She noted, further that she did not flavor such a develop- ment so c Nse to the river. There were d� further comments "d the hearing was closed by moti'b�i. JOHNSON MOV�rto modify the findings of the Hearing E�Caminer to di�oagrea and to delete Con- dition No. 2 . Bi�eman secon ed. Johnson stated that it was his opinionA,�that the)Hearing Examiner had exceeded her authority in att'14,chin 4this condition. He noted that no such condition wa mentioned during the SEPA process, even though th 1proposed density was higher at that time. He stat hat the issue here was grant- ing of the shoreline ylermA,, Dowell expressed concern over the 24 ft. roa ut ag ed with Johnson and Bite- man. WHITE THEN MOVED to tab for two weeks , Woods seconded and the otion carried'\ithhJohnson and Bite- man dissenting. � i ZONING CODE Gymnastics Schgols in M-1 and M-2 Zoil-ing Districts (ZCA-88-T") AMENDMENTS On August 22 , athe Planning Commission commended approval of Zoning Code amendment to a`lalow as an out- right perm" ted use gymnastic schools or similar uses in both t M-1 ( Industrial Park District ) and M-2 (Limited ndustrial District) . Also recommended was the inc sion of health and fitness clubs and facilities in the -2 district as an outright permitted use. WOODS OVED to approve Zoning Code Amendment No. ZCA-88-7 as r commended by the Planning Committee and to direct the ity Attorney to prepare the necessary ordinance. White seconded and the motion carried. WiNnF.wwwcYAY:iww 1bw '..f.M Mtn l'M r... Hearing Examiner Approval of Exceptions to Devero .mendt "• Standards Under the Conditional Use Permit Section of the Zoning Code No. ZCA-88-5. On July 25, 1988 the Planning Commission recommended to the City Council that Kent City Code Section 15 . 09. 030E be amended to give the Hearing Examiner discretion in approving, denying or conditioning exceptions to development standards including height of unique structures , signs and setbacks when a conditional use permit is required. At the August 30 workshop, the City Council recommended that this proposed amendment be referred to the Planning Committee. - 7 i J 1 September 6 , 1988 to refer Zoning ZONING CODE � WHITE MOVED 9 Code Amendment No. ZCA-88-5 AMENDMENTS to the Planning Committee for consideration. Johnson seconded. Motion carried. 5...�.ri MY�I:�..if Yl.Y�r+::'H\'{T•.'J'L G.41 L:{�'�u.r..N.II.r-1�.\.4.r 1.1 a:l:'�w Lr4:s'I K1:.'+Y'+.rn+V 1=1r\.ri..•1.l+.INY._lb,.r04[Yrl rt l'.n r,r.{ .:rr..r .• (CONSENT CALENDAR ITEM 3U ) _... Hazardous Waste Treatment and Storage Facilities_._ AD6 T ION of Ordinance 2801 which amends the City of Yen Zoning Code as required by recent State legis- lati vn to designate land use zones in which hazardous waste treatment and storage facilities will be allowed as perm:,itted uses . The proposed amendments will- add new definitions , siting criteria, performance,-standards and perm`Itted uses to the commercial , industrial and agricultural zones . The Planning Commission has recom- mended thdtzoning changes after holding ,aI public hear- ing on May `�23 , 1988. Council adopted the recommendation by Planning and directed preparation of this ordinance at the June 7 , 1988 Council meeting. By letter, dated August 17 , 1988, Department of Ecology conditionally approved the propostff Zoning Code amend- ments , subject to adoption by tht3 Kent City Council and submittal of�,,�he adopted ordinance to the Depart- ment for final apb�oval. F (CONSENT CALENDAR ITPM 3V) `' Planned Unit Development. ADOPTION of Ordinance 2802 which establishes Kenb C-ity Code Section 15 . 04 . 080 Planned Unit Development and amends Kent City Code Chapter 2 . 54 relatingj�d,,Hearing Examiner decisions regarding Planned Unirt Deyelopments. In mid-1987 the Planning Comnission•, recommpnded to the Council that a new PUD ordinance ;lse adopt6t3. The Council referred this recommendation to the Ia anning Committee. In April 1988 the Planning Commi'�.ttee formed a citizen committee to review the Plannifip Commission ' s draft ordinance . On' July 19 , 1988, A< e Council ' s Planning Committee un4timously recommended to the full Council that the PU�' Citizens Advisory Committee ' s proposed draft of tb'e PUD ordinance be ado�ted. The Council accepted true decision of the Planft ng Committee and Citizens 7�dvisory Committee ' s recommendation on August A , 1988. �; ZONING - EAST Request for Review of Zoning. Willid(n Carey of HILL ANNEXATION 11236 S .E. 244th submitted a petition`,,containing 165 signatures requesting that the City review the Council action of March 1 , 1988 in establishing. the zoning f,or the East Hill Well Annexation, Area`. "C" . He pointed out that the signators represented 80% of __.. ithe property located in Area "C" and that the Council had erroneously assumed that most of the residents 8 - August 1 , 1988 SURPLUS ROPERTY (CONSENT CALENDAR ITEM 3I ) Surplus Vehicles. AUTHORIZATION to Clare as surplus vehicles described in the F eet Manager ' s memo and to offer same for sale a auction. (Vehicles 5, 20, 27 , 31 , 34 , 48, 63 , 88, 69 , 299, 309, 313 , 362 and 387 . ) SHORELINE PERMIT ( CONSENT CALENDAR ITEM 3C) APPEAL iad Development Appeal ( MA-88-4) . SETTING a pu is hearing date foFami'ner ' s tember 6_,_1_9$8 on an appe of the Hearing conditions of approv for the Signe Pointe Shoreline Sub- stantial evelopment Permit ( SMA-88-4 ) . This appeal was filed Fred imm of Triad Development, for the proposed 84- nit multifamily complex at 64th Avenue South, th of Meeker. ZONING CODE (CONSENT CALE DAR I M 3H) Procedures r Housin Element Work Program. ADOP- TION of Or finance 2796 ich designates procedures for amend ents to the com ehensive plan, zoning map and oning text, if any hould result from the work pr gram; grants to the P anning Commission the author, ty to consider and make ecommendations on /amendments map amendments , in lieu o the Hearing Exam- specifies that amendments to e Comprehen- lan may be made simultaneous wi , or prior ndments to the Zoning Code; and p vides for notice procedures for public hearin on proposed as a result of this prog m. ork program was authorized by the Counci on , 1988 by Resolution 1172 . Zoning Code Amendment. On July 25, 1988 the Plan- ning Commission recommended to the City Council that the Kent City Code Section 15. 09 . 030E be amended to give the Hearing Examiner discretion in approving , denying or conditioning exceptions to development standards including height of unique structures , signs and setbacks when a conditional use permit is required. Fred Satterstrom of the Planning Department noted that the amendment would allow the Hearing Examiner to address unique opportunities and to consolidate processes in order to expedite the process. The Mayor noted that presently conditional use permit appeals come to the Council and that this revision would allow the Hearing Examiner to exercise the 2 - August 16 , 1988 ZONING CODE type of discretion previously exercised by the Council . Biteman noted that he would like an oppor- tunity to discuss this change, which would appear to pat all the power in one person' s hands . He then MOVED that this issue be discussed at a work- shop session. White seconded and the motion carried. REGULATORY REVIEW Regulatory Review Request - Appeal. On July /S, - APPEAL 1988 , the Planning Commission denied a regulatory r*e,v request by the Carolina Berg Estate to al ow a public storage facility in a Commu ity Com rcial zoning district. The applican is appea in; the decision of the Planning mmission. Stephen lifton of the Planning Depar ent reviewed the Planni g Commission action. Pet Curran, attorney re esenting the Berg Esta e, stated that they had file an appeal of the P1 nning Commission' s decision on Ju 29 , 1988. Curra noted that Plan- ning Director Ha is has recomme ded that this appeal be referred to the Plan ng Committee, and that he concurs. D WELL SO M ED. Houser seconded - and the motion carrie . PLANNED UNIT Proposed Planned Unit De o ment Ordinance. On y DEVELOPMENT July 19 , 1988, the Counci Planning Committee unanimously recommended a the recently formed PUD Citizens Advisory C mmitt e ' s recommended changes to the PUD ord Hance b adopted, as earlier recommended to the C' y Council y the Planning Commission. Fred Satterstrom of the Planning Dep rtment thanked the members of / he Committee for thei efforts . He stated that the three major changes in the ordinance are as follows : ... 1. Revie time has been shortened. A PUD applic tion can be proved by the Hearing Examiner without m ving on to the City Council except on appeal. Also, oth r land u e processes, such as conditional use permits, ay be onsolidated with the PUD review. 2. Housing mix. The requirement that each residential UD consist of all types of housing has been dropped in favor of a density bonus incentive that encourages a �- mix of housing types. 3. Density bonuses are more refined. The process for determining residential density bonuses is better defined and the design objectives of PUD's are clearer than in previous drafts. I - 3 - 6. KENT PLANNING COMMISSION MINUTES July 25, 1988 COMMISSION MEMBERS PRESENT: Robert Badger, Chairman Linda Martinez , Vice Chairwoman Elmira Forner Nancy Rudy Carol Stoner Raymond Ward COMMISSION MEMBERS ABSENT: Anne Biteman, excused Greg Greenstreet, absent PLANNING STAFF MEMBERS PRESENT: James P. Harris, Planning Director Fred Satterstrom, Senior Planner Kathy McClung, Senior Planner Greg McCormick, Planner Stephen Clifton, Planner Lois Ricketts, Recording Secretary APPROVAL OF PLANNING COMMISSION MINUTES OF JUNE 27 , 1988 Commissioner Martinez MOVED that the minutes of June 27 , 1988 be approved as presented. Commissioner Ward SECONDED the motion. Motion carried. Chairman Badger opened the public hearing. PROPOSED AMENDMENT TO KCC 15. 09 . 030E--ZCA 88-6 Mr. Harris presented the proposal to amend the zoning code to allow the Hearing Examiner to deal with exceptions to development standards under the conditional use section of the zoning code. At the present time if there are exceptions to development standards, the person must first apply for a variance which is heard by the Board of Adjustment. The state has set strict I� criteria that must be met in order to grant a variance. An appeal to this decision would be presented to Superior Court. It is proposed that the Hearing Examiner be given discretion in approving or denying conditional exceptions to development standards, including height, unique structures, signage, setbacks, etc. , when a conditional use permit is required. The Hearing Examiner would be able to look at the project in its r entirety. He used as an example a large development in which it the Hearing Examiner could look at all aspects of the development 1 J i� Kent Planning Commission Minutes July 25, 1988 at one time and with one staff presentation. This would speed up the process for certain requests and would be helpful to the applicant, the City of Kent and the Hearing Examiner. An appeal to a Hearing Examiner decision would be presented to the City Council. Commissioner Stoner MOVED to close the public hearing. Commissioner Martinez SECONDED the motion. Motion carried. Commissioner Stoner MOVED that the Kent Zoning Code Section 15. 09 . 030E be amended to give the Hearing Examiner discretion in approving or denying conditional exceptions to development standards including height of unique structures, signage, setbacks, etc. when 'a conditional use permit is required. Commissioner Rudy SECONDED the motion. Motion carried. Commissioner Stoner felt that it would be more efficient to allow the arguments to take place in one meeting so that there would be a complete picture of the issue involved rather than have two quasi-judicial bodies to review portions of the same request. Motion carried unanimously. CENTRAL BUSINESS DISTRICT PLAN AMENDMENTS CONTINUED Mr. Harris presented into the record exhibits which were submitted into the record for the Planning Commission Workshop of July 18 , 1988 : Exhibit 1, Pat Curran; Exhibit 2 , Joan Peterson; Exhibit 31 ' Dee Moschel ; Exhibit 4 , Bill Stewart; Exhibit 5, staff memorandum to the Planning Commission dated July 11, 1988 . Commissioner Martinez MOVED and Commissioner Ward SECONDED a motion to admit to the record the letters regarding the Central Business District. Motion carried. An additional workshop has been scheduled for August 15 at which time the Central Business District discussion will be continued. A letter dated July 19 , 1988 from Richard McCann, attorney for Howard Manufacturing, Northwest Metal Products and Borden Chemical, requested time for a presentation at this meeting. Bill Stewart, representing the Local Government Committee of the Chamber of Commerce and the Mayor' s Task Force, requested a continuation of this hearing. Chuck Howard agreed with Mr. Stewart and asked to speak at a later time. Lloyd D. Holman, 30877 West Lake Morton Drive SE, Kent, President of the Association of Western Pulp and Paper Workers, Local #22 , spoke regarding the employees' concern about their jobs. He 2 KENT PLANNING COMMISSION MINUTES OF MEETING OF JUNE 27 , 1988 Commissioner Ward MOVED that the hearing be continued to a workshop on July 18, 1988 to formulate a plan and presentation for the continued public hearing at a later date. Commissioner Biteman SECONDED the motion. Motion carried. Commissioner Forner suggested that the Commission expand on the concept of revitalization and the connection between expanding or reducing the CBD. PROPOSED AMENDMENT TO KCC 15 . 09 . 030E Mr. Harris suggested this issue be continued as the first item at the next hearing. Commission Rudy MOVED that this item be continued to the next meeting as the first item. Commissioner Stoner SECONDED the motion. Motion carried. J ADJOURNMENT JI Commissioner Badger adjourned the meeting at 9 : 55 p.m. II Respectfully submitted, 'E J� #JamP. Harris, Planning Director J j 9 r a, h I✓,' � Kent City Council Meeting Date October 4, 1988 Category Other Business I 1. SUBJECT: ZONING CODE AMENDMENT NO. ZCA-88-8, EXCEPTION TO HEIGHT REGULATIONS KCC 15 . 08 . 190 - ORDINANCE 2 . SUMMARY STATEMENT: On September 26, 1988, the Planning Commission recommended approval of the zoning code amendment to except fire and/or police training towers from the height limitations of the Kent Zoning Code. 3 . EXHIBITS: Ordinance, staff memo, Planning Commission minutes 4. RECOMMENDED BY: Planning Commission 9/26/88 (Committee, Staff, Examiner, Commission, etc. ) 5 . EXPENDITURE REQUIRED: $ N/A SOURCE OF FUNDS: 6 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds to adopt Ordinance excepting fire and/or police training towers from the height limitations of the Kent Zoning Code as recommended. DISCUSSION: ACTION: Council Agenda Item No. 4B ORDINANCE NO. AN ORDINANCE of the City of Kent, Washington, relating to zoning, amending Kent City Code 15.08.190 to exempt fire/police department training towers from zoning district height restrictions. THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTCN DOES HEREPY ORDAIN AS FOLLOWS: Section 1. Kent City Code Section 15.08.190 is amended as follows: 15.08.190. EXCEPTIONS TO HEIGHT REGULATIONS. The height limitations for the various districts shall not apply to spires, flag poles, belfries, cupolas, noncommercial antennas, ventilators, chimneys, or other appurtenances usually required to be placed above the roof level and not intended for human occupancy. The height limitations shall not apply to barns and silos provided that they are not located within fifty (50) feet of any lot line. Elevated reservoirs, water tanks, fire and/cr police training towers, and standpipes are exempt from height restrictions. Section 2. Effective Date. This ordinance shall take effect and be in force five (5) days from and after its passage, approval and publication as provided by law. DAN KELLEHER, MAYOR ATTEST: MARIE JENSEN, CITY CLERK KENT PLANNING DEPARTMENT September 29, 1988 MEMO TO: Mayor Dan Kelleher and City Council Members FROM: James P. Harris, Planning Director SUBJECT: PROPOSAL TO AMEND THE ZONING CODE TO PERMIT TRAINING TOWERS TO BE AN EXCEPTION TO THE HEIGHT REGULATIONS On September 26, 1988 the Planning Commission held a public hearing to consider a staff proposal to amend the Kent Zoning Code to permit fire and police training towers to be an exception to the height regulations in any zoning district. After review of the staff proposal the Planning Commission voted to recommend to the City Council that fire and/or police training towers be added to KCC 15. 08. 190 Exceptions to Height Regulations. That section of the Zoning Code would then read as follows, with the underlined words being the proposed amendment: 15. 08 . 190 EXCEPTIONS TO HEIGHT REGULATIONS . The height limitations for the various districts shall not apply to spires, flag poles, belfries, cupolas, noncommercial antennas, ventilators, chimneys, or other appurtenances usually required to be placed above the roof level and not intended for human occupancy. The height limitations shall not apply to barns and silos provided that they are not located within fifty (50) feet of any lot line. Elevated reservoirs, water tanks, fire and/or police training towers, and standpipes are exempt from height restrictions. JPH: ca KENT PLANNING COMMISSION MINUTES September 26, 1988 PLANNING COMMISSION MEMBERS PRESENT: Robert Badger, Chairman Linda Martinez, Vice Chairwoman Anne Biteman Elmira Forner Albert Haylor Carol Stoner Gabriella Uhlar-Heffner Raymond Ward PLANNING COMMISSION MEMBER ABSENT: Greg Greenstreet PLANNING STAFF MEMBERS PRESENT: James P. Harris, Planning Director Fred Satterstrom, Planning Manager Kathy McClung, Senior Planner Carol Proud, Planner Lois Ricketts, Recording Secretary KENT CITY STAFF: Norm Angelo, Chief, Kent Fire Department and Fire District 37 APPROVAL OF PLANNING COMMISSION MINUTES OF AUGUST 22 , 1988 Commissioner Martinez MOVED that the minutes of the August 22 , 1988 Planning Commission meeting be approved as submitted. Commissioner Biteman SECONDED the motion. Motion carried. HEIGHT REGULATIONS RELATING TO HEIGHT OF POLICE AND FIRE TRAINING TOWERS (KCC 15. 08. 190) (#ZCA-88-8) Mr. Harris presented the proposed amendment to KCC 15. 08 . 190 to except police and fire training towers from height limitations. He stated that training towers are necessary in order for police and fire personnel to have exposure to emergency training in buildings whose structures are similar to those structures encountered in the city. Depending on the location of the training facility, the training tower may or may not meet height restrictions of the zoning district in which it is located. He suggested the following amendment: Kent Planning Commission Minutes September 26, 1988 Zoning Code 15. 08 . 190 Exceptions to Height Regulation The height limitations of the various districts shall not apply to spires, flag poles, belfries, cupolas, noncommercial antennas, ventilators, chimneys, or other appurtenances usually required to be placed above the roof level and not intended for human occupancy. The height limitations shall not apply to barns and silos provided that they are not located within fifty (50) feet of any lot line. Elevated reservoirs, water tanks, police and fire training towers and standpipes are exempt from height restrictions. Chief Angelo pointed out that the proposed tower will be located on the south side of the nine-acre site at SE 248th and 116th Avenue SE. The base of the tower will be approximately 55 feet by 70 feet. Much of the tower will be two stories high, but it will be no more than four stories, with a maximum of 45 feet, when completed. A fifth story might be added at a later date. The tower will have pitched roofs, which will harmonize with the architecture of the fire station. The 25, 000 square foot administrative headquarters for the Kent Fire Department and Police Training Station will be architecturally compatible with the surrounding residential area. Behind this one- story headquarters building will be a one-story shooting range which will be enclosed. The tower will be erected behind these structures. Chief Angelo has had numerous meetings with the neighbors and a church representative. When asked about fumes, he responded that the smoke will be white and nontoxic in nature. There will be no flames or black smoke coming out of the building. All the drainage will be funnelled inwardly and removed. There will be no smoke or water marks on the outside of the tower. Loudspeakers will be located at the back side of the station and will be in use only during normal working hours. There will be no scheduled outside drills which would create undue noise during scheduled church services. Commissioner Stoner MOVED to close the public hearing. Commissioner Ward SECONDED the motion. Motion carried. Discussion followed. Commissioner Haylor MOVED that Kent Zoning Code Section 15. 08 . 190 Exceptions to Height Regulations be changed to add police and fire training towers to the sentence: Elevated reservoirs, water tanks, police and fire training towers and standpipes are exempt from height restrictions. Commissioner Stoner SECONDED the motion. Motion carried unanimously. 2 i Kent City Council Meeting Date October 4, 1988 Category Other Business 1. SUBJECT: APPEAL—REGULATOR REV;EJW - ZONING CODE AMENDMENT NO. ZCA-88-1 2 . SUMMARY STATEMENT: �, ,,i On August 16, 1988 the City Council referred _ _ _ appeal from the Planning Commission' s recommendation to deny public storage facilities in the CC community commercial zoning district to the Planning Committee On September 20, 1988, the Planning Committee voted unanimously to recommend that the Council overturn the Planning Commission' s recommendation and allow public storage facilities as a conditional use in the community commercial zoning district with accompanying design standards . 3 . EXHIBITS: staff memo, regulatory review request, Planning Commission minutes, staff report, Planning Committee minutes, City Council minutes of 8/16/88, letter of appeal 4. RECOMMENDED BY: Planning Committee 9/20/88 (Committee, Staff , Examiner, Commission, etc. ) 5 . EXPENDITURE REQUIRED: $ N/A SOURCE OF FUNDS: 6 . CITY COUNCIL ACTION Councilmember ' #. moves, Councilmember seconds to approve zoning code amendment No. ZCA-88-1 to/I allow public storage facilities as conditional use permits it./ the CC zoning district with specific design standards as finalized by the Planning Committee on October 4, 1988 and to direct the City Attorney to prepare the amending ordinance. . DISCUSSION: ACTION: Council Agenda Item No . 4C KENT PLANNING DEPARTMENT •- September 29 , 1988 MEMO TO: Mayor Dan Kelleher and City Council members FROM: James P. Harris, Planning Director SUBJECT: MINI-WAREHOUSES IN THE COMMUNITY COMMERCIAL ZONING DISTRICT An application was made in March, 1988 by Chris Leady for a regulatory review hearing to permit mini-warehouses in the CC, Community Commercial, zoning district. The Planning Commission concluded its hearings on this matter on July 25, 1988 and denied the application. The applicant' s representative, C. Peter Curran, appealed the Commission's denial to the City Council . On August 16, 1988 the Council referred the appeal to the Council ' s Planning Committee who reviewed the case at its meetings held on September 6 and 20, 1988. At the September 20 meeting the Committee voted unanimously to recommend to the Council that mini- warehouses be allowed as conditional use permits in the CC zoning district . The Committee also requested that Planning staff propose design standards that would apply to any mini-warehouse development in the CC zoning district. The Committee requested that these standards be brought before the Committee on October 4 , 1988. These standards as reviewed and approved by the Committee would become part of the approval of mini-warehouses in the CC zoning district. A draft of the proposed standards is included here: PROPOSED MINI-WAREHOUSE STANDARDS USE The first 150 feet of lot depth (measured from the property line or R.O.W. inward from the street frontage) shall be reserved for development pursuant to existing Chapter 15. 04 . 100A - I requirements. No storage units shall be allowed within this 150 ft. commercial depth. - No storage units/structures shall be located within the 150 foot commercial area. In no case shall the access area exceed 75 feet in width. LOT SIZE Minimum - 1 acre Maximum - 4 acres BUILDING One story in height HEIGHT SETBACKS Front Yard - 20 feet Side Yard - 10 feet Rear Yard - 10 feet MAYOR KELLEHER AND CITY COUNCIL MEMBERS SEPTEMBER 29, 1988 LANDSCAPING Front Yard - 20 feet Type III (earth berms) Side Yard - 10 feet Type I abutting commercial, Type II abutting residential uses or districts. Rear Yard - 10 feet Type I abutting commercial uses or districts, Type II abutting residential uses or districts. Note: For maintenance purposes, underground irrigation systems shall be provided for all landscaped areas. SITE COVERAGE Underlying zoning district requirements. FENCING No razor wire allowed on top of fences. OUTDOOR No outdoor storage is permitted. STORAGE SIGNAGE Underlying zoning district requirements. ON SITE MANAGERS A resident manager shall be required on the site and shall be responsible for maintaining the operation of the facility in conformance with the conditions of the approval . The Planning Department shall establish requirements for parking and loading areas sufficient to accommodate the needs of the resident manager and the customers of the facility. DRIVE AISLES Drive aisle width and parking requirements a. 15 foot drive aisle and 10 foot parking aisle b. Parking for manager' s quarters and visitor parking. BUILDING LENGTHS The horizontal dimension of any structure facing the perimeter of the site shall be offset at intervals not to exceed 100 feet. The offset shall be no less than 20 feet in the horizontal dimension, with a minimum depth of 5 feet. 2 MAYOR KELLEHER AND CITY COUNCIL MEMBERS -- SEPTEMBER 29, 1988 MATERIALS USED If abutting a residential use or zone, residential design elements such as brick veneer, pitched roofs with shingles, landscaping and fencing. No garish building colors should be used when abutting a residential use or zone. -•- PROHIBITED USES Restrict use to "dead storage" only. Specifically prohibit the following: a. Auctions, commercial, wholesale, or retail sales, or garage sales. b. The servicing, repair, or fabrication of motor vehicles, boats, trailers, lawn mowers, appliances or other similar equipment. C. The operation of power tools, spray painting equipment, table saws, lathes, compressors, welding equipment, kilns or other similar equipment. d. The establishment of a transfer and storage business. e. Any use that is noxious or offensive because of odor, dust, noise, fumes, or vibration. f. Storage of hazardous or toxic materials and chemicals, or explosive substances. Note: Sources for the preliminary standards noted above include the following: Planning Advisory Service Report Number 396, STANDARDS FOR SELF-SERVICE STORAGE FACILITIES; Teresa deGroh & Rachel German. Planning Advisory Service Report Number 324 , MINI- WAREHOUSES ; William Toner. JPH:ca 3 CITY COUNCIL PLANNING COMMITTEE MINUTES OF MEETING OF SEPTEMBER 20, 1988 both a variance and a conditional use pe , this proposal allows the Hearing Examiner to consider both iss Councilman Dowell stated the proposal expedites consideration o development when both a variance and conditional use permit are re ed. When just a variance is required, ,the issue would still go re the Board of Adjustment. The committee unanimously approvegoowrwarding the Planning Commission recommendation to the City Council at tlfoeolr meeting of October 4 . Fallowing GULATORY REVIEW - PUBLIC STORAGE FACILITIES #ZCA-88-1 airwoman Woods had talked with Councilmen Johnson and Dowell to discuss public storage facilities in the CC, Community Commercial , zoning strict and mitigating the impact of unsightly facilities . Jim Harrisated that if the Planning Committee recommends such facilities, staff wouldke to have applied standards for those facilities. Stephen Clifton distributed a list of standards which had been developed after discussion between staff and the applicant at the Planning Commission' s direction. Design was a major concern. Mr. Clifton passed around photos of the Totem Lake mini-storage facility. Mr. Clifton clarified for Councilman Dowell that if approved, public storage facilities would be allowed in a CC, Community Commercial, zoning district only as a conditional use; further, there would be additional standards applicable to public storage facilities. Discussion occurred on the proposed standards. Councilman Dowell questioned the proposed language under "Use" to determine if it accomplishes what is intended, i.e. , to remove public storage from street frontages. Mr. Harris suggested rewording to allow access to public storage facilities from the primary street frontage but to have commercial along the street frontage and public storage in back. Councilman Dowell is concerned that a proliferation of public storage facilities might occur along a primary street frontage such as Benson Highway. Mr. Curran agreed that strict standards to prevent such an occurrence would be appropriate. Mr. Curran suggested wording to limit frontage to access with the remaining frontage for commercial/office use. Mr. Curran suggested allowing applicants to determine their needs for security, e.g. , fencing, but to require appropriate screening. Mr. Harris agreed the fencing must be compatible with CC or potential CC uses. Mr. Clifton described the landscaping requirements for front, side and rear yards and indicated extensive screening with a chain link fence would not be as much of an impact as viewing a solid wood fence with no plant material . It was agreed that this issue would be brought back to the Planning Committee at their meeting of October 4 to finalize language and also would be taken to the City Council meeting that same night. The recommendation would be to approve the appeal and direct the City Attorney to prepare the required ordinance, including the proposed standards. 3 CITY COUNCIL PLANNING COMMITTEE MINUTES OF MEETING OF SEPTEMBER 20, 1988 Mr. Clifton reviewed the additional requirements proposed by staff. Mr. Curran initiated discussion of lot size requirements; he proposed eliminating lot size requirements or allowing maximum lot size to be 4 acres. Mr. Leady stated there did not seem to be justification for the proposed limitation of lot size. Mr. Harris stated staff proposes to limit the size of public storage facilities in these commercial areas; larger facilities should be located on the Valley Floor; he stated staff could support a maximum of 4 acres. Mr. Clifton added that public storage facilities are land intensive uses and staff proposes to restrict the size of such facilities to eliminate pressure to increase CC zoning. In response to Councilman Dowell ' s concern about abutting lots both developing public storage facilities, Mr. Harris stated that the Conditional Use Permit process should prevent such an occurrence. Discussion occurred on building height. Staff proposes to limit public storage facilities to one story. Mr. Harris and Greg McCormick clarified the definition of one story. Applicant was agreeable to staffs proposal in this regard. The Committee recommended approval of the applicant' s appeal and direction to the City Attorney to prepare the ordinance with the accompanying design standards. Staff agreed to meet with Mr. Curran regarding the standards. Councilman Dowell suggested the Planning Commission be advised of the Committee' s decision and deliberation. Staff will so advise them. It was clarified that this issue will be on both the agendas for the Planning Committee and the City Council on October 4 . PUBLIC MEETING ON HOUSING Dan stated that on September 28 the Planning Department will conduct a public m . g on the housing study to solicit citizen concerns and input on housing polic The meeting will be held in City Hall at 7 : 30 PM. At tonight ' s City Counci ting, Mr. Harris Harris will announce this public meeting. PUBLIC NOTICES Councilman Johnson proposed posting pub notices on 4x8 plywood with "public notice" in large letters on top, in at st one conspicuous place. Mr. Harris proposed talking to the City Attorney a t any legal issues in this regard and bringing the topic back to the Commit at a later date. Mr. Hansen stated that Seattle requires the applicant to p re the signs. w ADJOURNMENT The meeting adjourned at approximately 5 : 15 PM. 4 CITY COUNCIL PLANNING COMMITTEE MINUTES OF MEETING OF SEPTEMBER 61 1988 Councilman Johnson MOVED and Chairwoman Woods SECONDED the motion to ado staff' s recommendation on the 1989 Housing & Community Development Blo dk Grant Program including staffs recommendation on additional funding. M t�ion carried. KENT CITY LAGOON - RESOLUTION 922 Jim Harris recapped the history of the Committee' s work to effe a wildlife habitat in the lagoon area as well as provide a storm detenti system. At the last hearing on the Upland' s rezone application, City Cou it asked about the sewage lagoon. Mr. Harris suggested the Planning Commi ee resurrect the Citizen's Advisory Board and have staff bring them up o date on events occurring since their last meeting. Don Wickstrom, Public Works Director, stated hi epartment worked with a marine biologist and the Soil Conservation Se ice to resolve some of the issues on this project. The department is cuUp� ently doing computer modeling on hydraulics and stream flow measures on +P11 Creek. It takes two years to gather the data necessary to do the mo ing. Mr. Wickstrom added that the City must work with abutting proper owners because a ULID is involved. The City is waiting for other own s, including Uplands, to decide what they plan to do with their proper ' s. Then the Citizen' s Advisory Board can begin to work again and som echnical issues can be resolved. Mr. Wickstrom stated it is part of the orm Drainage Plan to develop the lagoon as a storm detention system as we s a wildlife habitat. Carol Stoner, a ber of the Citizen' s Advisory Board, stated she and Lauri _. Johnson had c acted Ted Knapp to request the Board be notified of any action in t s area in time to bring the Board up to speed and able to respond. a added that it appears something will be happening within the next ye . Coun man Johnson MOVED and Chairwoman Woods SECONDED the motion to res rect the Citizen' s Advisory Board, to be notified and begin to meet to r iew the events that have occurred since their last meeting. Motion rried. REGULATORY REVIEW - PUBLIC STORAGE FACILITIES #ZCA-88-1 Jim Harris explained that this issue began as a Regulatory Review. The Regulatory Review was denied by the Planning Commission; the applicant appealed the decision. Since there was not a well-established procedure for such an appeal, the issue was referred to the Planning Committee for consideration. Pete Curran, Attorney, 555 West Smith Street, Kent represented the Berg family who owns the property in question. Chris Leady, the developer, is a co-applicant. Ned Nelson, Architect, assisted in land site studies. The 2 CITY COUNCIL PLANNING COMMITTEE MINUTES OF MEETING OF SEPTEMBER 6, 1988 applicant is requesting a textual amendment to the Kent Zoning Code to permit self storage facilities as a conditionally permitted use in the Community commercial zoning district. These facilities are currently allowed in the industrial zones and as a special application in the General Commercial zoning district. Presently there are such facilities on West Hill and in the Valley area, not on East Hill . Community commercial is the only commercial zone on East Hill. There are approximately 210 acres of CC zoning on East Hill, West Hill and the Valley Floor. The purpose of CC zoning is to provide areas for limited commercial activities to serve residential areas. According to experts who have done surveys in the area, on the East Hill there is a tremendous demand for such facilities based upon the kind of residential neighborhoods that are there. Mr. Curran stated that self storage facilities have developed a "black eye" because of the way they look; he states that the facilities are essentially a product of where they are located. Industrial areas have inadequate controls on style. He added that other communities, including downtown Seattle, have self storage facilities that are good neighbors . Regarding land use on East Hill , Mr. Curran stated the Planning Department ••- from the beginning has stated that self storage facilities are ugly, that long walls are a given and the use is not appropriate in Community Commercial zoning districts. At the Planning commission hearings in May, June and July, Mr. Curran believes the Commissioners were beginning to accept the fact that there could be self storage facilities with acceptable design in any area. Mr. Curran reviewed uses which are allowed outright in the CC zone, e.g. , theatres, veterinary clinics, taverns, skating rinks, mini golf. He believes self storage facilities should have the same conditional use right in the CC zone. He noted an interesting phenomenon in the Community Commercial zoning district at 240th. Everybody wants frontage, nobody wants depth. Property frontage is being developed but there are 5 acre parcels that are unused beyond that frontage. Regarding the Berg property, Mr. Curran stated that 108th is not going anywhere; it is not an arterial . The City Engineer stated he would not open 108th south of 240th. North of 240th, 108th goes into a residential area. The backs of the lots to which he referred do not have an outlet. If the City does not want to throw away the CC zone, Mr. Curran suggested finding more constructive ways to use these parcels. The Safeway and Thriftway stores and the Post Office are overshadowing uses. Huge walls and poplars screen the Berg property. The applicant' s proposal is to have other commercial uses on the property frontage and a self storage facility in back. To permit an integrated development on the site is reasonable. The proposed setbacks and landscape screening are beyond any kind of setback and screening being required of any residential use. Mr. Curran sees the quadrant and intersection in the area being heavily impacted by development. Retail uses generate 6800 car trips, self storage generates 400 car trips. Self storage is non-polluting; there is no quieter use; it would be managed on a 24-hour basis; everything is indoors; and it is totally screened on all sides, with irrigation. Self storage facilities are an interim use of the land. One-half of Kent' s apartments are located in the East Hill area and 3 CITY COUNCIL PLANNING COMMITTEE MINUTES OF MEETING OF SEPTEMBER 61 1988 apartment dwellers represent only one-third of the users of self storage facilities; fifty percent of the users are single family users. An urban cluster has been created on East Hill that is more dynamic than anything on West Hill. Chris Leady, co-applicant, stated he appreciates the perceptions given this product because in the past the facilities have been ugly. There is a demand for the product, particularly on East Hill . However, this request is not without precedence. In California this type of use started in industrial areas, then went to commercial districts. King County, Kirkland and Renton are allowing this use either outright or as a conditional use in their commercial districts. Self storage facilities are used as a retail use for three or four months at a time. They are every bit as retail a use as other uses allowed in the CC zone. Kirkland has a self storage facility next to the Totem Lake shopping center. Mr. Leady stated the applicants and Planning Department had developed a list of standards for this proposed use. The applicant' s standards were tighter than the ones the Planning Department had originally used. The frontage is preserved. Landscaping standards are more detailed than any commercial zones next to residential zones. Height has been limited. There will be no buildings of an industrial nature (concrete tilt or metal) . These facilities can be brought into a commercial zone, look good and serve a need in the community. Mr. Leady believes that rather than developing an additional retail shopping center and further impact the traffic situation, this development can be of mixed use and not present a use overload. Ned Nelson has been an architect for many other self storage facilities. Lake Oswego, Oregon is a small residential and retail community which had not previously had a self storage facility. Mr. Nelson designed a facility close to a residential neighborhood. The residents wanted the development; they needed storage and wanted it close by. The facility generates little noise, has a low impact on traffic and the design was controlled through design review. The development was a complementary use to the community. Mr. Curran stated self storage facilities are a reasonable use in the CC zone, Mr. Leady stated the facilities are a good use in the CC zone, and Mr. Nelson believes the facilities are a complementary use to retail and residential . The proposal is for retail on the street and self storage in back which has access via a pipe stem lot. There is no front and no back to the facility. Landscaping can be consistent all around and can be increased when there is a more sensitive adjacent use. The design presentation can be more sensitive. There can be the retail which is needed on 240th. The proposed development is two stories in back with substantial setbacks and pitched roofs to relate to the residential character and scale of the surroundings. The applicant proposes a dense landscape screening where there is elevation. There is building modulation to offset long walls. There is proposed substantial residential materials and colors to complement the surroundings . There will be no truck docks in back. Mr. Nelson presented a schematic of the proposed retail strip along 240th. 4 CITY COUNCIL PLANNING COMMITTEE MINUTES OF MEETING OF SEPTEMBER 61 1988 Councilman Dowell asked why the applicant is proposing a textual change to the zoning code, which would affect all CC-zoned properties, rather than some -. other means to accomplish the development at the proposed location. Mr. Curran stated there is only one commercial district on East Hill. He believes the CC zone is an appropriate place to tie in with retail and housing which flows away from commercial areas. Staff also is bothered by the site-specific nature of the request. However, the applicant is asking for a conditional use so the City can control the type and numbers of development. Mr. Leady reiterated the types of uses that are currently allowed in the CC zone, e.g. , theatres, skating rinks barber shops, etc. , and there is not an abundance of these uses. Mr. Leady stated the market controls the numbers. In response to Councilman Dowell, Mr. Harris stated the applicant could ask for a rezone to GC, but that might be spot zoning. Councilman Dowell asked what would happen to the Berg property if this regulatory review request is denied. Mr. Leady stated the same thing could happen as on the other side of the street, i. e. , there would be blank areas in back of street frontages. Mr. Curran added that apartments can apply for conditional uses in the CC zone. That property could accommodate about 100 units. He added that the City can say no to any applicant for self storage if it is not appropriate. That particular piece of property has nice circulation around it. The self storage facility is a different use and an interim use. Chairwoman Woods stated that consideration of this request would continue to September 20. ,EAST HILL PLAN Jim Har ' stated that Section 2 of Resolution #1123 directed the Planning Commission efer action on the East Hill commercial zoning amendments until the East Hi ub-area Plan is completed. The Planning Department read that to mean stop w kon the East Hill Plan. Staff looked at Resolution #1123 as directing the epartment to look at the Comprehensive Plan neighborhood by neighborhoo Staff will consider the commercial areas as well as the housing element when 1poking at the East Hill Plan as part of the implementation of Resolution #112 Mr. Harris stated Council will be considering some rezones prior to the tl4kFe the East Hill Plan is completed. Jim Hansen asked if the Council can rendLr...,,� decision on the Ruth rezone without a decision having been made on the EastA4ll Comprehensive Plan. Mr. Harris answered yes and added that the applicant w advised that they didn 't have to try for a Comprehensive Plan change since ere was already some commercial zoning on their parcel of land. NEXT MEETING DATE The next meeting of the City Council Planning Committee will be September 20, 1988 . 5 August 16, 1988 t ZONING CODE type of discretion previously exercised by the Council . Biteman noted that he would like an oppor- tunity to discuss this change, which would appear . to put all the power in one person' s hands . He then MOVED that this issue be discussed at. a work- shop session. White seconded and the motion carried. REGULATORY REVIEW Regulatory Review Request - Appeal. On July 25 , APPEAL 1988, the Planning Commission denied a regulatory review request by the Carolina Berg Estate to allow a public storage facility in a Community Commercial zoning district. The applicant is appealing the decision of the Planning Commission. Stephen Clifton of the Planning Department reviewed the Planning Commission action. Pete Curran, attorney representing the Berg Estate, stated that they had filed an appeal of the Planning Commission ' s decision on July 29 , 1988 . Curran noted that Plan- ning Director Harris has recommended that this appeal be referred to the Planning Committee, and that he concurs . DOWELL SO MOVED. Houser seconded and the motion carried. PLANNED UNIT Proposed Planned Unit Development Ordinance. On DEVELOPMENT July 19 , 1988, the Council Planning Committee unanimously recommended that the recently formed PUD Citizens Advisory Committee ' s recommended changes to the PUD ordinance be adopted, as earlier recommended to the City Council by the Planning Commission. Fred Satterstrom of the Planning Department thanked the members of the Committee for their efforts. He stated that the three major changes in the ordinance are as follows : 1. Review time has been shortened. A PUD application can be approved by the Hearing Examiner without moving on to the City Council except on appeal. Also, other land use processes, such as conditional use permits, may be consolidated with the PUD review. 2 . Housing mix. The requirement that each residential PUD consist of all types of housing has been dropped in favor of a density bonus incentive that encourages) a mix of housing types. 3. Density bonuses are more refined. The process for determining residential density bonuses is better defined and the design objectives of PUD's are clearer than in previous drafts. - 3 - I LAW OFFICES — DOUGLAS P. BECKER CURRAN, KLEWENO 6t JOHNSON TELEPHONE C.PETER CURRAN (206 852.2345 A PROFESSIONAL SERVICE CORPORATION ) I`I JAML3 P. CURRAN MARK W.DAAs 555 WEST SMITH STREET ESCROW DEPARTMENT — DAVID T. HOKIT (206)859.1090 STEPHEN L.JOIINSON POST OFFICE BOX 140 MELVIN L.KLEWENO,JR. KENT,WASHINGTON 98035.O140 TnECOPIER I JOSEPH A.McKAMEY (206)852-2030 ..w LAR0.Y R.SCHAEfTER _w July 29 , 1988 JUL 2 9 1988 CITY OF KEN T II " City of Kent CITY CLERK Att: Mayor City Counsil City Clerk Planning Commissione-r 4th and Gowe Street Kent, Washington 98032 Re: Regulatory Review. Carolina Berg Estate - Chris Leedy application for amendment of the text of Kent Code Section 15 . 04 . 100 community commercial district to allow mini storage Dear Ladies and Gentlemen: Please accept this letter as our NOTICE OF APPEAL to the City Council of the denial of this request by a three to two vote of the Planning Commission on Monday, July 25 , 1988 . We will await your advice as to the procedure to be followed by us in presenting this appeal Very t ours , CUR AN, �KLENO & JOHNSON, P. S . i CHARLES PETER CURRAN CPC: jo I I I I i KENT PLANNING COMMISSION MINUTES August 22 , 1988 COMMISSION MEMBERS PRESENT: Linda Martinez, Acting Chairman Greg Greenstreet Albert Haylor Nancy Rudy Raymond Ward COMMISSION MEMBERS ABSENT: Robert Badger, absent .Anne Biteman, excused Elmira Forner, excused Carol Stoner, excused PLANNING STAFF MEMBERS PRESENT: James P. Harris, Planning Director Fred Satterstrom, Planning Manager Carol Proud, Planner Lois Ricketts, Recording Secretary _ APPROVAL OF PLANNING COMMISSION MINUTES OF JULY 25 , 1988 Commissioner Ward asked that the motion on Page 5 of the July 25, 1988 minutes be changed to show Ward as opposed to the motion. Commissioner Rudy .asked that her vote be changed in, favor of the motion as stated, which did not change the total count for the vote. Chairman Ward MOVED that the minutes of the meeting be approved as corrected. Commissioner Greenstreet SECONDED the motion. Motion carried. CENTRAL BUSINESS DISTRICT PLAN AMENDMENTS (Continued) Fred Satterstrom expressed appreciation to Borden Chemical,. Howard Manufacturing and Northwest Metals for the tour of the facilities + and explanation of activities that were provided for the Planning Commission and Planning staff on August 15 , 1988 . It was felt that the Commission should thoroughly discuss the goals, objectives and policies in addition to the measures needed to implement the plan. The Commission should look at all the changes being proposed--those by the CBD Task Force, those by the Chamber of Commerce and those by the Mayor. These will be discussed at the workshop at the close of this hearing. 1 Kent Planning Commission Minutes July 25, 1988 ,. quoted from a letter dated April 13 , 1988 stating that the Task Force was concerned about the location of manufacturing uses in the proposed central Business District and felt the uses would be inappropriate. He suggested rezoning the existing manufacturing areas to a classification consistent with the present CBD Plan Map. The employees felt that the CBD Plan as proposed threatened their jobs. They would like to have the plan amended to exclude the existing manufacturers in the proposed Central Business area. ti Pat Curran submitted to the Planning Commission a letter from Steve Burpee. Commissioner Martinez asked that the letter from Steve Burpee be admitted into the record. Commissioner Stoner SECONDED the motion. Motion carried. Commissioner Martinez MOVED that the public hearing on the Central Business District be continued until August 22 . Commissioner Rudy SECONDED the motion. Motion carried. It was pointed out that there would be a workshop on this issue on August 15 and there would be a tour preceding the workshop. REGULATORY REVIEW AMENDMENT TO ALLOW PUBLIC STORAGE FACILITIES IN THE COMMUNITY COMMERCIAL ZONING DISTRICT (RR-88 1) Peter Curran, 555 West Smith Street, representing the Berg Estate, stated the Berg family has owned the property since 1921. The property was rezoned to Community Commercial in 1984 . If the five-acre site were developed as a retail center such as Fred Meyer, . a 50, 000 square foot structure could be built on the site. This could create 4 , 000 car trips per day. A mini storage would ...., create approximately 208 car trips per day. He pointed out that there are 208 acres of Community Commercial land in Kent, and only approximately 40 acres remain. He suggested a motion be made to amend KCC 15 . 04 . 100 to add D4 "self storage facility subject to a conditional use permit shall address site development, design and buffering issues. " He suggested that this issue be referred to a work session for the purpose of working out the differences. Greg McCormick stated that there are 210. 74 acres of Community Commercial land in the City of Kent, 18 . 6 percent of this land is now vacant (39 acres) . Current projects would reduce the land to 15 percent, 31. 6 acres . He showed on the map the locations of mini storage facilities within the city. Storage managers stated that people come to their storage units approximately once every month or two. He did not feel that trips into the valley would add substantially to the existing traffic problems. If commercial uses are displaced from the existing Community 3 Kent Planning Commission Minutes July 25, 1988 Commercial zone and more land-intensive uses are allowed to be built, then there would be more pressure to expand the existing CC districts to include areas along 104th and 256th. Community Commercial is intended to serve day-to-day or weekly needs of the people . in the area, not monthly needs . Discussion followed regarding the high vacancy rate of mini storage units in Kent. Mr. Harris pointed out that this was not a site-specific issue. He felt this commercial land should be used for commercial uses. Discussion followed regarding intensive and extensive use of land. Leona Orr, 24909 114th Avenue SE, read a letter into the record from Joan McCallum opposing the proposed mini storage units in this area. She was concerned about the possibility of lowered land values for residential land in the area. She felt that there was space in the valley for this use and that the Community Commercial area should have professional offices. Jim Orr, 24909 114th Avenue SE wondered if this were an appropriate use for this site and how this use might affect the people in the general area. Larry Cragun, B. L. Perkins Company, feels that a need exists in this area for 2 , 000 mini storage units on East Hill . He suggested design control standards be adopted and felt that mini storage would be an asset to the community. Ed Heineman, 10824 SE 244th, owner of the property adjacent to the proposed site, supported the Planning staff ' s position. He felt a retail use would be more appropriate than mini storage for this site. He would prefer to go to the valley for storage. Chris Liede stated that there is a great need for this type of storage on East Hill and he would be willing to pay retail prices for the land for this type of development. He suggested that this proposal be allowed as a conditional use with strict development standards . Peter Curran reiterated that any design standard requirements would be for all mini storage sites developed under the conditional use permit in the Community Commercial district. Chairman Badger closed the public hearing. Chairman Badger was not opposed to the conditional use permit concept. 4 Kent Planning Commission Minutes July 25, 1988 Commissioner Forner was not opposed to this use with a conditional use permit but felt that it should be placed in a multifamily zone rather than in a Community Commercial zone. commissioner Rudy felt that if storage were needed, people would find the storage. She felt that Community Commercial space is limited and should be used for that purpose. She supported the idea of mini storage in a multifamily area. Commissioner Stoner asked for figures regarding vacant multifamily land on East Hill. Mr. McCormick responded that there are 40-50 acres of available multifamily land on East Hill . Commissioner Stoner MOVED to retain the Community Commercial zone as is and to deny this request to expand it. Commissioner Rudy SECONDED the motion. She felt that the current community commercial area on East Hill functions with daily usage. Because of the projected housing growth in that area, she felt the commercially zoned area would be needed for that purpose. She suggested that staff look for ways to meet this need in other zones, specifically multifamily. She felt this kind of use with strict development standards might be appropriately placed in the multifamily area but not in the Community Commercial zone. commissioner Ward felt that the Commission should grant a conditional use in the CC zone for mini storage facilities because it would provide less than maximum usage of the land. He felt that the Hearing Examiner, Planning Department and developer could work together regarding the necessary conditions. Commissioner Martinez abstained because of a conflict of interest. Motion carried, three in favor (Stoner, Ward, Forner) and two opposed (Badger, Rudy) . ADJOURNMENT Chairman Badger adjourned the meeting at 10: 10 p.m. Respectfully submitted, i �ames Harris, Secretary. KENT PLANNING COMMISSION MINUTES June 27, 1988 PLANNING COMMISSION MEMBERS : Robert Badger, Chairman Linda Martinez, Vice Chairwoman Anne Biteman Elmira Forner Greg Greenstreet Nancy Rudy Carol Stoner Raymond Ward PLANNING STAFF MEMBERS PRESENT: James P. Harris, Planning Director Fred Satterstrom, Senior Planner Carol Proud, Planner Lois Ricketts, Recording Secretary APPROVAL OF PLANNING COMMISSION MINUTES OF MAY 23 and MAY 31 1988 Commissioner Martinez MOVED that the minutes of the May 23 and May 31 meetings be approved as presented. commissioner Biteman SECONDED the motion. Motion carried. Mr. Harris stated that the City Council adopted the 20 percent multifamily reduction on June 21, 1988 . REGULATORY REVIEW AMENDMENT TO ALLOW PUBLIC STORAGE FACILITIES IN THE COMMUNITY COMMERCIAL ZONING DISTRICT (RR-88-1) Mr. Harris suggested that this hearing be continued since the applicant' s correspondence regarding this issue had not been received by the Planning Department until the morning of this meeting. Chairman Badger opened the public hearing for testimony from the community. Larry Cragun, Real Estate Director with B. L. Perkins ' Company, presented a copy of pages from the King County Zoning Code which permits mini storage in high-density multiple dwelling zones with restrictions and conditions. He showed a rendering of a project he is preparing to build in Bellingham. He suggested that there be design restrictions on projects of this type. 1 KENT PLANNING COMMISSION MINUTES OF MEETING OF JUNE 27 , 1988 Lila Ray, who has lived in the Kent area for 15 years, expressed concern regarding additional development on the East Hill because of the traffic problems that already exist. Peter Curran, Curran, Kleweno and Johnson, 555 West Smith Street, Kent, attorney for the applicant, felt that mini warehouses at this location would reduce the intensity of traffic at the intersection. He suggested that the traffic for the proposed use would be less intensive and less debilitating than a Fred Meyer or Target type of store, roller skating rink or veterinary kennels. One half of the apartments in Kent are close to this intersection, but statistics in other areas show that over 50 percent of storage units are utilized by single family dwelling residents . He endorsed extensive landscaping and sprinklers which would help to keep the area attractive. He suggested that there not be a limit on the number of mini warehouses permitted, but that the market is allowed to determine how much storage is needed. Chris Leady, 2000 124th Avenue NE, Bellevue, 98005 , proponent of this request, expressed concern about the timeliness of the report delivered to the Planning Commission and Planning Department. He felt that mini warehouses should be classified as a limited commercial use, which is allowed in the area. He compared the Thriftway Shopping Center to the proposed development. He stated there is a need for this facility, there . can be applied strict standards , and he suggested this use be allowed as a conditional use which would be heard by the Hearing Examiner. Ned Nelson, Three Lake Bellevue Drive, Suite 200 , Bellevue 98005, architect for the project, pointed out that traffic generated by this project is low. He concurred with the staff report and presented a potential layout showing 40 percent lot coverage using three acres of this site. A small retail center is proposed for the front of the development on 240th. Only 25 percent of the frontage would be dedicated to mini warehouse access ; the balance of the storage facility would be behind the proposed retail use. The building height would be 12 feet and would be within 20 feet of the property line. A two-story building proposed for construction 40 feet from the property line would be 20 feet to the gutter line; however, in order to have a pitched roof, they would need to exceed this 20 foot limit. Ten feet of landscaping is planned for the rear and side yards . They would like to increase the buffering to Type I landscaping and would like to increase the size of the evergreens by 25 percent over current standards . A cedar fence is planned to conceal a chain- link fence so that property owners would be able to enjoy the 2 KENT PLANNING COMMISSION MINUTES OF MEETING OF JUNE 27 1988 wooden fence and landscaping. Commissioner Ward asked for an explanation of adjacent property uses. Mr. Leady responded that a 30-foot-high building with loading dock is located on one side, and undeveloped residential property is the other side. He proposed a 5-foot by 20-foot break every 100 feet which would allow an additional five feet of landscaping to help break the facade. Mr. Ward asked if the retail use would be developed concurrently with the storage units. Mr. Leady responded that it would be economically feasible to develop both at the same time, but the market would dictate the timing of retail development. Commissioner Martinez asked if this request were site specific or a request to change the zoning code. Mr. Leady responded that they were requesting an amendment to the zoning code. Commissioner Forner commented that the facility appeared to be architecturally pleasing. However, this is not a design issue but is a request to change the zoning code to allow this type of structure in this zone. Commissioner Martinez MOVED to continue the public hearing to July 25 and suggested that the developers and the Planning Department get together before the public hearing. Commissioner Ward SECONDED the motion. Motion carried. Commissioner Stoner asked that the next hearing include information regarding the amount and location of undeveloped Community Commercial land in the City of Kent. CENTRAL BUSINESS DISTRICT PLAN AMENDMENTS - CONTINUED Fred Satterstrom presented the Central Business District Plan as one of four subarea plans in Kent. The original CBD Plan was completed in 1974 and has been under consideration by the Downtown Revitalization Task Force. The present discussion includes a Comprehensive Plan update, which is a vision statement expressing what Kent hopes to achieve as a community in its land use pattern. The present issue does not include zoning, but zoning follows as implementation of the plan. These are separate actions and only the Comprehensive Plan will be discussed at this time. The proposed CBD Plan offers expanded opportunities for commercial and office development in the Central Business District. It contemplates a commuter rail project, reserves land consistent with that proposal , and it expands multiple family opportunities through a mixed use designation. He offered to continue the staff report subsequent to public testimony. 3 Kent Planning Commission Minutes May 31, 1988 ••- of Kent completed a study of adult use which study led to the zoning code's current regulation of the location of adult theaters and bookstores. The report detailed uses that the courts had shown could be protected from adult businesses, i. e. , churches, residential areas, parks and schools, by implementing distance requirements. He presented the staff recommendations: Add the following definition: 15 . 02 .008 Adult Entertainment Establishment An adult entertainment establishment means any business or operation regulated by KCC 5 . 32 including any business or operation that involves an exhibition or dance by persons that is distinguished or characterized by an emphasis on conduct that depicts, displays, or relates to "specified sexual activities" or "specified anatomical areas" , as defined in Section 15. 02 . 502 and . 503 . Such an establishment customarily excludes persons by virtue of age from all or a portion of the premises. Amend the definition of Adult Uses: 15. 02 . 009 Adult Uses For the terms of this code, adult uses shall include adult motion picture theaters, adult drive-in theaters, adult bookstores, and adult entertainment establishments. Add libraries to list of protected uses: 15. 08 . 270 Adult Uses Section A. 5. One thousand feet of any public library. Commissioner Martinez MOVED and Commissioner Rudy SECONDED a motion to close the public hearing. Motion carried. Commissioner Martinez MOVED that the Commission approve the three recommendations presented. Commissioner Forner SECONDED the motion. Motion carried unanimously. AMENDMENT TO ALLOW PUBLIC STORAGE IN CC-- RR 88-1 Continued Greg McCormick presented the regulatory review request to allow mini- self storage warehouses in the CC, Community Commercial zone. The purpose of the CC district is to provide areas for limited commercial activities that serve several residential neighborhoods. Allowed uses would include hardware stores, barber and beauty shops, grocery stores, restaurants, theaters, etc. Also allowed in the CC zone are special permit uses which include gasoline service stations, churches and 3 Kent Planning Commission Minutes May 31, 1988 nursery schools and day care centers. Conditionally permitted uses include apartments, building supply uses and auto repair facilities. Specifically excluded from the CC zone are heavier uses such as wholesale manufacturing uses, warehouses, car lots and storage lots. He stated that none of - the cities surveyed allowed mini-storage facilities as a principally permitted use in a zone that is comparable to the Community Commercial zone. Two jurisdictions allowed mini- storage facilities in a zone that would be comparable to the General Commercial zone, where currently mini-storage facilities can be located ` as a conditional use. The Planning staff does not consider rental of storage space to constitute retail use, nor would this use fit the Community Retail zone which is intended to provide personal goods and services, such as supermarkets, hardware stores, drug stores, restaurants, etc. These uses generally provide the day-to-day shopping needs of the community. Mr. McCormick did not feel that people would go to a mini-storage facility on a day=to-day basis . In response to the applicant' s argument that these facilities should be located near residential neighborhoods so that residents do not drive to the valley to use these services, Mr. McCormick presented a map which showed the areas in the city where this type of storage is allowed outright and where it is allowed as a conditional use. In response to the applicant' s argument that the proposed change will not have an effect on related ordinances, regulations, plans and policies, the Planning staff believes that allowing this use would put additional pressure on the City to expand the limited CC areas; this could force existing commercial nodes to become large, ' sprawling commercial areas. Self-storage facilities tend to use large tracts of land. Even if quality materials are used, self-storage facilities tend to have an austere, compound-like appearance. Security requirements often include fencing topped with some form of barbed wire. The conditional use permit process offers the city no influence on the architectural treatment, mass, color, etc. , of the facility. Mr. McCormick presented three alternatives. The first is no action, which would maintain the existing Community Commercial zoning standards . The second is to allow this activity as a conditional use, to be processed via public hearing and reviewed by the Kent Hearing Examiner. The third is to allow this use as a special permit use with development standards that exceed those for principally permitted uses in this zone. The Planning staff recommends that the request for mini-storage 4 Kent Planning Commission Minutes May 31, 1988 facilities in the CC zone be denied both as a conditional use and as a permitted use. Peter Curran, 555 West Smith Street, attorney for applicant, pointed out that on 228th and West Valley Highway there is a warehouse built in a way that is a credit to the community. He stated that there are 8 ,900 multifamily units in Kent; 5,700 are in the east side of Kent; 4, 300 are in the Benson Center area. He felt that mini-storage facilities are needed on the East Hill and suggested that this should ' be considered a retail use. He felt that this site could be built into additional multifamily dwellings, but he felt that it would be better use of the space if it were developed into mini-storage . facilities. Precise standards could be established to provide attractive storage units that would soften the density of this area which has so many multifamily dwelling units. He felt there was nothing demeaning about the storage of goods. He emphasized that there were only a few uses that differed between the Community Commercial and General Commercial zones. He pointed out that other communities and King County allow this type of use in multifamily zones. He urged the Commission to visit Totem Lake and observe what Mr. Leady has done in that community. He urged the Commission to allow this mini-storage facility as a conditional use or as a special permit use. Chris Leady, developer of the proposal, requested that the hearing be continued in order for the Commission to visit the Totem Lake facility. He pointed out that King County allows self-storage facilities in their BC zone as an outright use. Everett allows this type of storage in commercial zones, and Renton allows it in commercial zones with a conditional use. Times are changing and residents want to have storage near their homes . He suggested design standards that would specifically address the size of the facility: the possibility of a live-in manager; whether or not outside storage or storage of flammable or dangerous materials would be allowed; the use of colors ; whether to include masonry or concrete tilt-up design so that there would be a textured look which would blend in with the residential area. He felt that this facility would be a service to the community, a low generator of traffic and an attractive project. Commissioner Biteman asked how many units were planned for the site. Mr. Leady responded that there was only 80 , 000 square feet. He did not specify a number of units. Ned Nelson, Project Architect, Three Lake Bellevue Drive, Suite 200, Bellevue, 98005 , felt that design seemed to be the major issue. He gave illustrations of residential communities in this area and Lake Oswego in which the residents were pleased with the end result. He was confident he could design a mini-storage facility for this site which would be aesthetically pleasing to the residents in the area. 5 Kent Planning Commission Minutes May 31, 1988 Larry Cregan, Real Estate Director for B. L Perkins Company, 13120 SE 30th, Bellevue, which develops Econo mini storage facilities, has found that the public wishes to have its storage area within a two-mile radius of their residence. He suggested that CC zoning be modified to include this type of storage. He stated that Seattle allows mini- storage facilities to be located in C1 zones, but allows no more than a 40, 000 square foot building which is no more than 40 feet to 65 feet high. He felt that mini-storage facilities could be three stories high and still not look like a storage facility. Leona Orr, 24901 114th Avenue SE, is opposed to allowing mini- warehouses in the Community Commercial zone. She did not feel that storage facilities would be an appropriate use of land that will be needed for services to the residents in the area. People commute many miles to their jobs each day, and she felt people would not mind driving a. few miles to their storage unit. She did not feel that a facility which is typically surrounded by a chain-link fence is appropriate in an area that is predominantly residential in nature. Lauri Sunstedt, 24805 114th Avenue SE, was opposed to mini-warehouses in a residential area. Commissioner Martinez MOVED that the hearing be continued until the next regularly scheduled meeting (June 27) . Commissioner Forner SECONDED the motion. Motion carried. AMENDMENT TO ALLOW ADDITIONAL OPERATIONAL HOURS FOR HOME OCCUPATIONS (RR-88-2) Chairman Badger opened the public hearing. Commissioner Martinez stated that she would not support the increase of hours for the home occupations. Commissioner Stoner MOVED that the Commission approve the staff recommendation to not expand hours for home occupations. Commissioner Forner SECONDED the motion. Motion carried unanimously. ADJOURNMENT Chairman Badger adjourned the meeting at 10: 00 p.m. Respectfully submitted, James P. Harris, Secretary 6 KENT PLANNING COMMISSION MINUTES OF MEETING OF MAY 23 , 1988 REGULATORY REVIEW 1)_ AMENDMENT TO ALLOW PUBLIC STORAGE FACILITIES IN THE COMMUNITY COMMERCIAL ZONING DISTRICT (RR-88-1) Mr. Peter Curran, representing the Berg estate, requested that the Regulatory Review of Public Storage Facilities in the Community Commercial Zoning District (RR-88-1) be continued to May 31, 1988 . Commissioner Stoner MOVED that the Regulatory Review on Public Storage be continued to the May 31 meeting. Commissioner Rudy SECONDED the motion. Motion carried. EAST VALLEY STUDY: PROPOSED AMENDMENTS TO THE VALLEY FLOOR PLAN MAP (Continued) Mr. Satterstrom presented a map of Areas 5 and 6 and cross-section .._ illustrations of slope gradients 1100 feet north of South 208th Street and 500 feet south of 208th Street. The Planning Department proposes that Area 5 be designated Single-Family Residential because of the environmental constraints in the area and because existing development is single family residential . The Planning Department proposes that Area 6 be designated Multifamily Residential . Commissioner Stoner MOVED that the public hearing be closed. Commissioner Biteman SECONDED the motion. Motion carried. Commissioner Stoner MOVED that the Planning commission adopt the plan for Areas 5 and 6 as recommended in the East Valley Study and the staff report. Commissioner Biteman SECONDED the motion. Motion carried unanimously. EAST VALLEY STUDY; PROPOSED AMENDMENTS TO THE KENT ZONING CODE Mr. Stroh presented the five recommendations for changes to zoning. A. Establishment of a Landscape Corridor along East Valley Highway. The purpose of this amendment is to establish a uniform landscaping treatment and thereby improve the visual quality and establish a better transition from the street to the private property. Staff Recommendation Add to 15. 07 . 040 General Landscape Requirements - All Zones, as follows: P. All property abutting East Valley Highway between South 180th 2 KENT PLANNING DEPARTMENT STAFF REPORT PLANNING COMMISSION MEETING OF MAY 16, 1988 FILE NO: #ZCA-88-1 REGULATORY REVIEW OF MINI- WAREHOUSES IN A CC, COMMUNITY COMMERCIAL, DISTRICT INTERESTED PARTY: Chris C. Leady c/o Peter Curran, Attorney at Law ORDINANCE/REGULATION BEING REVIEWED: Section 15. 04 . 100, CC, Community Commercial, district of the Kent Zoning Code which presently does not permit mini-warehouses. SUMMARY OF PROPOSED ACTION: The action before the Planning Commission is to consider changes to the CC, Community Commercial , district that will permit mini- warehouses in a CC, Community Commercial, zone. I. BACKGROUND The regulatory review process was set up by the City Council to permit interested persons to submit concerns nd proposals related to Kent Zoning Code and Ordinances. The first step in the process is to fill out a form entitled City of Kent Regulatory Review. A number of questions are listed on the form. The interested public submits the completed form to the Planning Department and a staff report is prepared on the proposal. This staff report is then sent to the Planning Commission for their review. The Commission then decides whether or not to proceed with public hearings on the request. An appeal to the City Council Planning Committee may be made for those requests with which the Planning Commission decides not to proceed. Planning Committee meetings to consider appeals are held every three months or as necessary. II. PLANNING DEPARTMENT REVIEW The Planning Department considered the following facts in relation to this regulatory review item: 1 Staff Report " Mini-warehouses in a CC zone #ZCA-88-1 Existing situation in CC, Community Commercial District: The Kent Zoning Code currently states that the purpose of this district is to provide areas for limited commercial activities that serve several residential neighborhoods. The permitted uses in this type of zone include those considered as convenience shopping goods. These include such uses as: hardware, furniture, barber and beauty shops, laundrettes, restaurants, theaters, and branches of financial institutions . Special Permit Uses in the CC, Community Commercial zone include: 1) gasoline service stations, 2) churches and 3) nursery schools and day care centers . Accessory uses include uses and buildings customarily appurtenant to a permitted use, such as incidental storage facilities. Conditional uses presently allowed in the CC, Community Commercial , zone include; the General Conditional Uses referenced below, apartments (either by themselves or in conjunction with commercial uses) , building supply uses and auto -- repair facilities. General Conditional Uses, as stated in Section 15 . 08 . 030B of the ,.,. Kent Zoning Code, are permitted in the CC zone. These uses generally fall into several broad categories which include the following: utility, transportation and communication facilities; public facilities ( i . e . schools, libraries, governmental agencies) ; open space uses and uses such as churches, retirement homes, and welfare facilities . Excluded uses from the CC, Community Commercial, zone include wholesale and manufacturing uses, warehouses, car lots, storage lots, etc. The development standards in a CC, Community Commercial, zone are some of the least restrictive with only a 20 foot rear yard setback and no side yard setbacks (except when abutting a more restrictive zone. In addition, the landscape requirements for this zone include only a 5 foot landscape strip along a public right of way. Ten feet of perimeter landscaping is required only when the site abuts a residential district. III . DISCUSSION OF APPLICANT'S PROPOSAL An informal telephone survey was conducted of cities in the area to determine in what zoning districts mini-storage facilities are allowed. The results of this survey are attached to the 2 Staff Report Mini-warehouses in a CC zone #kZCA-88-1 staff report which lists the city surveyed, the zones where the use in question are allowed and the special provisions that may apply to this type of development. None of the cities surveyed allowed mini-storage facilities as a principally permitted use in zones comparable to the Community commercial, zone. In two of the jurisdictions surveyed, mini- storages were allowed as conditional uses in zones similar to Kent' s General Commercial zone. All cities surveyed allowed mini-storages as principally permitted uses in industrial zones. (Please see attachment A, showing zones which allow mini- warehouses in several local communities) . The applicant has presented several arguments for allowing mini storage facilities in the CC, Community Commercial, zone. The arguments are listed below with a Planning Department comment after each: A. A self-storage facility is a commercial activity that is in the business of "retailing" space to the nearby residential neighborhoods. Planning Department Comment Staff does not consider a self-storage facility as a commercial activity. The dictionary defines retail as the selling of goods in small quantities to the public" . Clearly, the rental of storage space does not constitute a retail use. The East Hill area plan adopted by the Planning Commission and City Council in 1982 describes Community Retail as follows: This use is intended to provide areas for the provision of personal goods and services such as supermarkets , hardware stores, drug stores, restaurants, etc. These uses generally provide the day-to-day shopping needs of the community. Generally , personal storage users visit the facility infrequently, not on a day-to-day basis. B. These facilities should be located near residential neighborhoods so that residents do not drive "all the way down to the valley" . Planning Department Comment There are several self-storage facilities available in the valley that are within two to three miles of the residential 3 Staff Report Mini-warehouses in a CC zone #ZCA-88-1 neighborhoods on the east hill. This would not appear to be an unreasonable distance to travel to a self-storage facility. This is particularly true when considering the infrequent number of times that a user visits this type of facility in a year. At a public hearing in 1986 for a mini-storage facility, the applicant testified that only three percent of the clients for a given facility will visit the site within a 24-hour period. C. The applicant states that the proposed change will not have an effect on the related ordinances, regulations, plans and policies. Planning Department Comment The staff feels that this code amendment will indeed affect the related plans and policies for the east hill area. Allowing this type of land intensive use in the CC zone would put additional pressure to expand the CC zoned areas. This would result in the existing compact commercial nodes on the east hill becoming large, sprawling commercial areas. Self-storage facilities tend to use large tracts of land. Land currently available in the CC, Community Commercial, zone is limited when compared to the available land in the industrial zones ; CM, Commercial Manufacturing and GC, General Commercial, zones where self-storage facilities are permitted. Self-storage facilities are more suitably located in the valley with other warehouse uses. D. The applicants state that they would construct a quality self storage facility. Planning Department Comment Even if quality materials are used, these uses by nature have an austere, compound-like appearance because of the security requirement which includes fencing often topped with some form of barbed wire. Buildings in these facilities are typically long and narrow with nothing but garage doors on one side and long, flat, monotonous walls on the sides usually facing other properties. The site plan submitted with this application shows a long, flat wall a distance of 400± feet right on the side property line. Further, even if this is proposed to be a quality project, allowing this use in the CC zone would allow less desirable appearing storage facilities to be located in this zone. The conditional use permit process offers the city little in the way 4 Staff Report Mini-warehouses in a CC zone #ZCA-88-1 of a formal design review process. The city would still have virtually no influence as to architectural treatment, mass, colors, etc. of the facility. IV. OTHER CONSIDERATIONS A. Permitting personal storage units in the CC, Community ; Commercial, zone would open the door to allowing other uses in the GC, General Commercial, zone. Again, the East Hill Plan describes Community Retail as those uses providing the day-to-day shopping needs of the community. Currently uses such as car lots, RV storage facilities, contractor' s shops are allowed in the GC, General Commercial, zone but prohibited in the CC, community Commercial, zone. The Planning Department fees uses allowed in the CC, community Commercial, zone should be pedestrian oriented and used daily by the surrounding residential area in order to preserve the integrity of the district. B. Approximately two years ago, the City Council was approached by a number of citizens concerned about the large number of multifamily developments we have in Kent. The East Hill residents were among those who expressed their concern about the number of units, traffic generated, and design issues. Since these concerns have been raised, a number of multifamily design standards have been implemented and - reduction of multifamily projects remains an issue. The public has made it clear they are concerned about what is going in and around their neighborhoods . Encouraging self-storage projects that are typically in garish colors , have monotonous architectural features and can vary from three-story structures to one-story portable buildings is a consideration we cannot ignore. V. ALTERNATIVES/ACTIONS The Planning Department staff has considered the request and offer the following options for review and consideration. A. No action . Under this alternative the uses (both principally permitted and conditional) in the Community Commercial zone would remain the same. Mini-storage facilities would not be allowed either outright or as a conditional use. This is the staff' s preferred alternative based on the following: 5 Staff Report Mini-warehouses in a CC zone #ZCA-88-1 1. As shown on the display map, CC zoned land is very limited, while land which is zoned to allow mini storages is abundant. Allowing a land intensive use such as mini storages in the CC zone, would put additional pressure to expand CC zoned land. 2 . The CC, Community Commercial , zone is intended for retail uses to serve nearby residential neighborhoods, staff does not consider this a retail use. The dictionary (Webster' s II - office Edition) defines retail as "the sale of goods in small quantities to - • the public" . Staff would argue that this in clearly not the sale of goods, but the rental of storage space and would not qualify as a retail operation. 3 . Even if this use is subject to the conditional use permit process, the City would have little control over design, materials used, etc. 4 . The City does not have a formal design review process which would give the City more influence on structure design and other design considerations. 5. The areas of the city which are zoned for these facilities are very accessible and reasonably close to residential neighborhoods . 6 . Retail uses typically allowed in the CC zone are used frequently by surrounding residents, whereas, users of mini-storages use this facility less frequently. B. Allow as a conditional use. Under this alternative, mini- storage facilities would be allowed as a conditional use in the CC zone. A conditional use must go through the public hearing process and review by the Kent Hearing Examiner prior to being allowed to develop in this zone. C. Allow as a special permit use. Under this alternative, mini-storage facilities would be allowed in the CC zone as a special permit use. This would allow these facilities as a permitted use with development standards that exceed those for principally permitted uses in this zone. VI . PLANNING DEPARTMENT RECOMMENDATIONS After reviewing this request, the information available, and the above options, and the likely adverse impacts on the existing land use patterns on the east hill, the planning staff strongly 6 Staff Report Mini-warehouses in a CC zone #ZCA-88-1 recommends that the existing uses, both principally permitted and conditional, not be modified to allow mini storage facilities in the CC, Community Commercial, zoning district. KENT PLANNING DEPARTMENT May 16 , 1988 7 CITY Of KENT � REGULATORY REVIEW L!uTa+�S' Ar NT The Kent City Council has determined that ongoing review of the City's regulatory process is In the ' public's best Interest. The council wants the public to be able to participate in this review. The outline on this page is Intended to give the public an opportunity to write down those things that they do not like about an ordinance or regulation. The Council will then review the public's comments and, when appropriate, make changes to ordinances and regulations. 0 What ordinance or regulation do you want the Council to review? ! Kent Zoning Code Number 15.011.100, Community Commerical District or CC. 0 What is it that bothers you about this ordinance/regulation? We are seeking to construct a self-storage facility within the CC zone classification in accordance with the attached site plan. Said use is not permitted outright, nor is it prohibited. A modern self-storage facility is a commercial activity that is in the business of "retailing' space to the nearby residential neighborhoods. Accordingly, it should be allowed pursuant to Section 15.0II.100.A.10 which states "Any other (see p.2) 0 What changes do you suggest to this ordinance/regulation? The code needs to clarify that a self-storage facility is of the same general character as other principally permitted uses, and is in accordance with the stated purpose of the district. Although the zoning code may allow self-storage under Section 15.05.100 C (Conditionally permitted Uses) and Section 15.0B.030.11.4. (General Conditional Use) the code should be more specific in subsection B-4. The question of whether it (see p.2) 0 What significance to the Community will occur with your proposed change? The nearby residential neighborhoods will be conveniently served with closeby storage, rather than driving all the way down to the valley. A self-storage facility is a very low generator of traffic. Therefore, the traffic impact associated with other CC uses will be far less with a self-storage facility. (see page 2) 0 What effect, if any, will your proposed change have on related ordinances, --- regulations, plans and policies? No effects are know to Applicant. 0 Have you reviewed your concern with a City staff member? This issue has been discussed with the Mayor, Mr. Dan Kelleher, and the Planning Director, Mr. Jim Harris. 0 Do you have any general comments you wish to make (can be about the. or- dinance/regulation you want changed or about anything else to do with ordinances/regulations or the permit process)? We would propose to construct- a self-storage facility of the kind and quality to our project in Totem Lake (pictures attached). This facility is in the City of Kirkland and situated almost exactly like the property subject to this Regulatory Review. The Totem Lake Self-Storage facility is located adjacent to a shopping center to the east BC zoned properlty to the west, apartments to the north, and an office (see p.2; L'state oL Caro inct_Berg, NAME Chris C. 1eady.�LD_Pe1er Curran,_Ai:torney at_Lnw Attnrne f nex_4 ADDRESS 213 - lith Ave. South, Kent, VIA 99035-1126 RHONE NO. 85 - 'ili5 10/85 e ' • W Ih (S II l7 l5 lJ . REGULATORY REVIEW LR 111988 (continued from page 1) �rd"firE'T3iENT What is it that bothers you about this ordinance/regulation? CIT�'GFK6NT use that is determined by the Planning Director to be the same general character as the above permitted uses and is in accordance with the stated purpose of the district". Clearly, a self-storage facility is as actively involved in "limited commercial activity as other uses allowed within the zone classification, i.e., car washes, - nureeries, greenhouses, theaters, bowling alleys, skating rinks, miniature golf, veterinary clinics, nursery schools, day care centers, golf courses, parks, churches, retirement homes, convalescent homes, private cluvs, and fraternal lodges. What changes do you sulgest to this ordinance/re ulation? should be specifically allowed under the Principally Permitted Use section or the Conditionally Permited Use Section depends on how much the City Council wants to burden the Hearing Examiner, since subsection 15.04.100 11 requires development plan approval pursuant to Section 15.08. What si nificance to the Community will occur with the ro osed changes? A self-storage facility has a very low demand for utilities and services. Finally, they can be a very attractive transitional use between the heavy retail surrounding the property to the west and north, and the residential uses to the east and south. (Please refer to the photographs attached to this application.) General comments. development to the south. The City of Kirkland allowed the self-storage facility in their BC zone as a permitted use, (Questions regarding this matter can be directed to Mr. Eric Shields, Principal Planner,Washington also allows sel City of Kirkland.) King County, f-storage in their BC zone classification (Bee King County 0{{'dinance No. 8099). The City of Renton allows a self-storage facility within their/�ohe as a conditional use. The compatibility of self-storage with the general character of commercial areas, and the need to serve nearby residential neighborhoods is a trend that has recently been recognized by many ,jurisdictions. Lastly, please note that our proposed development is really the development of the back land, and that the front land is exempted from.the self-storage facility. This. is significant in that we find self-storage to be compatible with other commerical activities and plan to devleop the front land accordingly. i Kent City Council Meeting 1' + ' Date October 4, 1988 Category Other Business 1. SUBJECT: RESOLUTION REGARDING EXECUTIVE SESSIONS AND NONPUBLIC MEETINGS 2. SUMMARY STATEMENT: Adopt Resolution No . establishing procedures for discussions on matters in executive sessions or gatherings not required to be held in public meetings . 3 . EXHIBITS: Resolution 4. RECOMMENDED BY: Council 9/20/88 (Committee, Staff, Examiner , Commission, etc. ) 5 . EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: 6 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION• Council Agenda Item No . 4D RESOLUTION NO. A RESOLUTION of the City Council of the City of Kent, Washington, related to Council meetings, gatherings and executive sessions. WHEREAS, the Kent City Council holds regular and special meetings and executive sessions within such meetings pursuant to the requirements of the Open Public Meetings Act; and WHEREAS, the Kent City Council is also authorized to meet and discuss certain items outside of public meetings including the planning or adoption of strategies or positions to be taken by the Council during the course of any collective bargaining, professional negotiations, grievance or mediation proceedings, or the review of proposals made in such negotiations or proceedings while in progress; and WHEREAS, at such meetings or gatherings the Council may give direction on policy to the Mayor and City staff; and WHEREAS, after such meeting or gathering individual councilmembers may determine that additional or different directions affecting such policy matters should again be considered; and WHEREAS, the purpose of such executive sessions or gatherings is to discuss matters requiring confidentiality; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON DOES HEREBY RESOLVE AS FOLLOWS: Section 1. Any change or alteration to the Kent City Council's directions regarding any matters originally considered during executive sessions, or other gatherings not required to be conducted at a regular or special meeting, shall be brought before the Council for its reconsideration pursuant to legal requirements prior to any change or alteration to such, directions. Section 2, All matters discussed within such executive sessions or gatherings shall be kept confidential by those present at the session or gathering except to the extent the law requires a portion of the matters to be brought to an open public meeting for final action. Passed at a regular meeting of the City Council of the City of Kent, Washington this _ day of 1988. Concurred in by the Mayor of the City of Kent, this _ day of , 1988. DAN KELLEHER, MAYOR ATTEST: MARIE JENSEN, CITY CLERK APPROVED AS TO FORM: SANDRA DRISCOLL, CITY ATTORNEY I hereby certify that this is a true and correct copy of Resolution No. , passed by the City Council of the City of Kent, Washington, the day of 1988. (SEAL) MARIE JENSEN, CITY CLERK 6140-230 2 - Kent City Council Meeting " nor Date October 4, 1988 Category Bid Opening y' 1. SUBJECT: SR 516 IMPROVEMENTS - UNION PACIFIC RAILROAD TO CENTRAL AVENUE 2 . SUMMARY STATEMENT: Bid opening was held September 28, ith three bids received . Gary Merlino Construction submitti�the low bid in the amount of $287, 496 . It is recommended that upon receipt of approval for award from the Transportation Improvement Board and Washington State Department of Transportation) this bid accepted. 3 . EXHIBITS: Bid summary, memorandum from the Director of Public Works 4. RECOMMENDED BY: Staff (Committee, Staff , Examiner, Commission, etc . ) 5 . EXPENDITURE REQUIRED: $287 496 SOURCE OF FUNDS: Budget 6 . CITY COUNCIL ACTION: n Councilmember moves, Councilmember f seconds I'l that upon rec ' pt of authorization to award from Transportation ' mprovement Board and Washington tate Department of Transportation that project be awarded to Gary Merlino Construction in the amount of $287. 496 . DISCUSSION: ACTION• " Council Agenda Item No. 5A DEPARTMENT OF PUBLIC WORKS September 29, 1988 TO: Mayor Kelleher and City Council FROM: Don Wickstrom RE: SR 516 - UPRR to Central Avenue Street Improvements Bid opening was held September 28 with three bids submitted. The low bid was submitted by Gary Merlino Construction in the amount of $287, 496. The project includes the widening of Willis between 3rd and 4th Avenues with intersection improvements at Willis and Central and an overlay of SR 516 (Willis Street) from the UPRR to Central Avenue. Construction costs are estimated to be $316, 245. 60. The project budget includes funding participation from the State for the overlay and Transportation Improvement Board (formerly UAB) funding. Thus, it is necessary to receive approval to award from these two agencies. It is recommended that upon receipt of authorization for award from WSDOT and TIB, the bid submitted by Gary Merlino construction in the amount of $287, 496 be accepted. BID TABULATION ,._ Gary Merlino Construction $287, 496. 00 R.W. Scott Construction 295, 226. 10 Robison Construction 296, 345. 20 " Engineer' s Estimate $333 , 170 . 00 23 . rliA ►14.11 fh 4 `i AfM� . PRO-Jo- T LUCA�'ICa I, III I ^`yam t.wwY tAvrtot IN �R If w R wpm �w 1K w NI1CN� itlxsxmxxs 1 ' Iu \ftl (• A i Ali � / t rAKK e 1 (4 I M x 24 l' 24 - t w 15 3u 25 qw Is w t ItIr T14 IL F w HEM A T / rt ' 0 lit ►! It SR 516 — RR TO C TRAL } Kent City Council Meeting `' Date October 4, 1988 •i ` i Category Bid Opening _. 1. SUBJECT: ASPHALT OVERLAY 2 . SUMMARY STATEMENT: Bid opening was held September 27, with three bids received. The low bid was submitted by M. A. Segale, Inc . in the amount of $207, 568 . 10. It is recommended that after receipt of authorization to award from the Washington State Department of Transportation, this bid be accepted. 3 . EXHIBITS: Bid summary, memorandum from the Director of Public ,._ Works 4 . RECOMMENDED BY: Staff (Committee, Staff , Examiner, Commission, etc . ) 5 . EXPENDITURE REQUIRED: $207 568 . 10 SOURCE OF FUNDS: Budget 6 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds that upon rec i t of authorization to award fro he hington State Departme t of Transportation that projec a awarded to M. A. Segale, Inc . for the bid amount of $207, 56 .'10. DISCUSSION: ACTION: Council Agenda Item No. 5B DEPARTMENT OF PUBLIC WORKS September 29, 1988 TO: Mayor Kelleher and City Council FROM: Don Wickstrom RE: Asphalt Overlay for 68th Ave. S. (189th St - 180th St. ) ; 4th Ave. S. (Willis to Gowe) ; S. 252nd St. (Pacific Highway S. to 25th Ave. S. ) ; S. 208th St. (84th Ave. S. - 1630' +/- East at West Edge of Bridge) Bid opening was September 27 , 1988 with three bids received. The low bid was submitted by M.A. Segale, Inc. in the amount of $207, 568 . 10. The project provides for the overlay of the street sections listed ' - above. The project funding includes Washington State Department of Transportation participation for the overlay of 68th Avenue South. Construction costs for the project are estimated at $228 , 324 .91. It is recommended that after receiving approval from WSDOT to award that the bid submitted by M.A. Segale, Inc. be accepted. BID SUMMARY M.A. Segale, Inc. $207, 568. 10 Watson Asphalt Paving Co. 226, 046. 85 Lakeside Industries 239, 245. 31 Engineer' s Estimate $265, 002 . 25 ST lei (t 1WTN m R E N T O N I / 4 3 Q os°cN L KENT CITY I e T (VAQ s 1{ - - ND N 3T PROJECT,:* LOCATION ` ORILLIA SCALE: 1 = 1000 g L A r o ` q O 3 63TH ST 1 Ij ' Q l 3 106TH 3T � C� W INDUSTRIAL i u AREA a S 190TH ST a \. 190TH ST i ZO S. 190fh. ET. N z 23 N 35 36 / S 192ND ST 36 31 .� 22 N �j. 2 1 6 `... b r S \ I t SI 194TH ST S. 1941h. ST 1 1 196TH ST \`\/ \ • O S 196TH ST 2 q t \ i U < INDUSTRIAL W v Q I ^ AREA a < "4 � 4 tl o C - 7 1 \ S 200TH STCL Z ~ l v q > W w Y 3 202ND ST w J ct m W � C > t p Indu.VlMl Rood O ,1• S. 204 TH. ST _ , 2 2 Z > O < AERO SPACE V ` 3 206TH ST i.= S 206TH ST INDUSTRY PA,w wR A Lt I z Y 4 Rood 1 i \ 3 1206TH ST 1 6 S 20e1 r 12. , =t { 8.01 T WCOLE ST r h},ti 172' At 1'Ulh •r 1 JN' 24,500 1 g zz w CLOUDY fT on N < 1 s 2saTH 'N f o ti n •r =M f� z < JAES ST 14 113 4 = a fT a z z 23 24 ", RENT �MSCHOOL Athletic Fld r I M EER 2 E > 1•LArKIK1.I1 • ST z z < 4m yq SMITH ST _ W SMITH sT ,* MEKpT��— z •1'•�. z O z = < WARD xCEN7TE ST evv PROJECT LOCATION z < M II ST z ti iQ _ •+W ME[KERa 2 ST 246TH ST f 2 a < F jSUb wrr < STE t < yVITW Sla Y INTCHG � .r� < E N Had < , 61B » � 4� 4�» TAI 1!1 ifo T aT� 167 W tT to 'S16 ✓ < W » :. VAII v Ss R ALPIN S ST » WAY > f » _ S/6 ate. ✓ s I < ~ N . . Sr p E \ ! a WQQ ST RU < ; .9F F < Fire y S I'AI I K S Stollo 1 ~ << . Y Z cm 11111101 romg 2� ST 1 < MARIO » » »» ST 24 19 2 124 1 25 30 i SCALE: 1" = 1000' » » w f 2ff1TH >st f 25M ST W � :..?r• ? �i;�?,eriifkf??.. e , :?ll. � I ,• � .r• 1 f DER LN. ?262 2 f 262NDMINIMUM "??•., f ND ST I?' fT 1 fT • ,??list: MI I » J is ` \ I? I Y _ V3 .r 187 e 1 TM; 1f,�8.,02 F, i �� 'mM 4 Yt1 station 516 9 w IFf 236TH ST Athletic r i-NO I S < H1CiMLlt1 I � �`� . a3m IDWAY ` 'rneada' ? t I w s X 24M 16 15 IT w ar �;. » 9 21 22 N< » 7'y � 242NDVC ET A. toTheater » » » z Y . I► � s 243RD r 43 243RD IT a 8 A2 2ND ITIT 3 ^ f 2 I.TH 244TH _ K ITH ; aTWARNINGTON2�TM« S(:ALE: 1" 1000" � = N(A,UTARDL2,e a I n n ^ ARMORY HCMOOI" UNl1A aUNNYCRILIT 'e • 246TH PL (�R ] fisu.0 9 [L[M[NTARY �5 I-AliK i {C.NOCL� 24 �. I 'f r 24 IT s 24SfH 871.. Sanitary Land ET 24ST 4 ®r, OT11 R K S < 2sOTN IT I~r �. f"�/:'-!..���,� _Ab f - 2507H IT z 2s19T itr PROJECT LOCATIOiN w52SISTI UL 2 1 IT T 262ND IT � K s2s2 f 252ND 12 a s 3 i mof IT =a►L - IT » d?h an ! 52NOC s 2saRo iT r s 253R0 IT s 2 h :' i� '�i \ - ! ttb t I IF » + 53RD PL FL�ti 253RD i- w , - < q - s 254 aT t g w ♦ w i 1. 3 N � �' r ~ It S255TH Leseioir0 !"e" ? « L f 255TH aT t ;e i fT .IT w 32" » 267TH IT b 325 T » to � fsT K s 2dM IT 5T • < yj GIST r 0 s 2618 9 Power IT 261ST K Sub-Station i $SUIT 262ND IT f �' <w » _ s r w a g + s 1s+ t t.1 U s 26i IT Water 0 A s 24M Rese►vdr .V %CT --: K King Count 8,03 Mauilenance Shops i��tti:i :GC A 1 w K ® u t> . N[ N � a 1 TOT[M c NELYUN• f � JR.NL �x Lr .PAKK� G�a WHOOL ,£ 0 11 �� 194TH ST $ = SE 19�4TM S" 196TH ST \ - IE H = C \ 9SrH �1 )l'rz,TRIAI P-EA s z _ � 8 s zooTH ST s 200TV ar SE 200TH a ST Dnvc In The ter J. H sT - r� ��hi S 202N0 ST tMINOSROOKTg •� I: ^ ELEMENT ARV J N SCHOOL W IL SCALE: 1" ='1000' ' ' N US 205TH h�. a WPL SE 206TH ST i' 206TH t- PL ! O ST 207 H� R - s S 2osTH ST tH a S 07TH S 206TH ST 6 5 SE 208TH ET 4; - 8 W 2 M y InduttrlM Road I' . °* P�1N1 E PL ELK - PROJECT f,,OCATION s 210TH P` o .. SE 2 2TH ST EE S '7 212TH , ST 4 a p�'b 1pp-� Wy� 4 8 PL d ?T ?�Jr ST 13TH • 'N 0•6RIEN _ _� �fti S ST < O S N I M a 213TH = SE 213TH PL t 21 PL ar > I S 216TH W '� f J SO. 216TH ST. 1 d ST i SE 216TH ST I S ., S 218TH ST 1 \ S 'I 21 / a E < '• r1111<IW � f INDUSTRIAL �.. AREA \ >♦ all 222ND ST SE 2221 •r 3T >L ST S 222NU _ 12 ' 7 a 7 8 sE 224TH ST 18 17 8.04 R E P O R T S A. COUNCIL PRESIDENT B. OPERATIONS COMMITTEE C. PUBLIC WORKS COMMITTEE D. PLANNING COMMITTEE E. PUBLIC SAFETY COMMITTEE F. PARKS COMMITTEE G. ADMINISTRATIVE REPORTS PUBLIC WORKS COMMITTEE September 13 , 1988 PRESENT: Jon Johnson Jim Hansen Berne Biteman Gary Gill ._, Don Wickstrom Steve Elkins Bill Williamson Nancy J. Mann Brent McFall STEVE ELKINS WATER AVAILABILITY - 26305 79TH S (Steve Elkins and Moss Construction have same requests pertaining to water availability) Wickstrom explained that Moss Construction applied for a water availability to apply for a rezone in the County. The Planning Committee concurred with this. When we scrutinized the ordinance in detail there are no provisions for exceptions. Either comply with the City's Comprehensive Land Use Plan or you don't get water availability. In order to comply with their request we would have to amend the ordinance or delete that section of the ordinance or amend the ordinance allowing for exceptions. We would need to establish a criteria for that or deny the request altogether. The other option was that in conjunction with the Planning Committee's review they wanted the Planning Dept. to review that area to see if our designation of multi-family would be what it should be in that area. (Video of the area reviewed at this time by Committee) Steve Elkins explains his purchase of the property three years ago indicated industrial zoning and that was the reason for purchase. Subsequently, at the time of beginning stages of development, he found a conflict between the City and County. Elkins makes comparisons with his property and several adjoining properties as industrial or agricultural . Wickstrom again explains the concern being, in order to approve the service we would have to amend the ordinance. He further explains that the ordinance states when servicing outside the City limits, the land use of that area must coincide with Kent's land use. In this case, our land use plan indicates this area as multi-family. If the ordinance is amended, it will have ramifications on the East Hill where we have differences in what County anticipates for the area vs. what we anticipate for the ,., area. Gill explains that Moss Construction has purchased some property. In order to get into the County process for a building permit, they need an availability certificate from us. We cannot issue a water availability certificate without them executing the covenants for annexation, which includes the paragraph that stipulates consistency with our land use plan. We either have to amend the ordinance or take another alternative so that they can proceed. Elkins states he already has a building on the site zoned industrial. Explains he has water to the system adequate to run the line over to the next building because it is just a light warehouse. Has installed County approved commercial size septic system. He is being held up by the County on installing the second building because of the requirement of the water availability from Kent. Williamson states that amending the ordinance cannot be done on a site specific basis. There would have to be uniform criteria because when dealing with property rights of this nature you are dealing with due process rights. Under the ordinance presently drafted, it is keyed to the comprehensive plan. Williamson further states that a rezone may be the appropriate action to take, on council recommendation. - Hansen states that possibly the best approach to the problem is to have the Planning Dept. analyze this area and submit recommended changes for the comprehensive plan thereby addressing the needs for not only Elkins and Moss but for others in the near future as well. This could not be done in less than three months time. Elkins explains there is a well on the property that had been disconnected by the previous owner. Since the well is in place, all he would have to do is reconnect to the well. And since Kent is not going to supply water at the present time he feels the County will accept this. Williamson advises to check with County on this. Nancy Mann of Moss Construction explains she put a down payment on a piece of property - without changing the existing property using the house as an office and putting heavy construction in the back with a fence around the entire property. All of this was done on an assumption that the City would grant water to the site. Elkins requests the City to give him a letter to show the County that there is water to the buildings. Williamson will review this with Sandra Driscroll for her recommendations. Wickstrom clarifies to Biteman that if the Planning Dept does a comp plan change to change to industrial then everything would be fine. If we deleted this provision in the ordinance, than yes it would affect East Hill with a much higher density in multi- family. Biteman asks is the stipulation in the ordinance going to affect other pieces of property coming to us on the sphere of influence types of things. Wickstrom says it will. Williamson will work with Nancy Mann on her request for water availability. Committee concurred that an analysis should be made by the Planning Dept. on a comp plan change. Exxon Oil Rebate Agreement Wickstrom explains that the City has applied for $67, 500 to apply toward the timing of the signals on SR 516 (Willis Street) from West Valley Highway to 4th Avenue. Application has been approved and Wickstrom requests Committee approval for the Mayor to sign the agreement. Committee concurs. 124TH Joint Reservoir Control Board Wickstrom requests authorization for appointment as City representative to the Control Board regarding the operation of the water reservoir at 124th Ave. which is jointly used by WD #111 and City of Kent. Committee concurs and will recommend appointment to Council. Recycling Issue Brent McFall explains since the last meeting, discussions have been held between City Administrator and representatives from Rabanco and we still have some issues to resolve on the contract but no difficulties are anticipated in doing that. We can have that ready for review in the near future and have that on the Council Agenda then for ultimate action. The other issue is whether or not the City is going to send communication to the WUTC with respect to the service area of the two companies and what we would like to see as the WUTC's decision on that. At your last meeting, you ultimately determined that you would like to have this go before the Council with no recommendation from the Committee. Biteman comments - your original thought of leaving things as they are in terms of the garbage pickup, having a single recycler because of the size of the City, would resolve the question. Approval by Biteman and Johnson to place on Council agenda. OPERATIONS COMMITTEE MINUTES September 15, 1988 COUNCIL MEMBERS PRESENT: Christi Houser Paul Mann Steve Dowell D L `L, STAFF PRESENT: Brent McFall Tony McCarthy SEP 1988 Jim Hansen Ron Spang CITY OF KriVT Charlie Lindsey CITY CLERK Torn Vetsch Dee Gergich Mimi Castillo OTHERS PRESENT: Jackson Carter, Arai Jackson Architects APPROVAL OF VOUCHERS All claims for the period ending September 15, 1988, in the amount of $2,113,334.60 were approved for payment. As a point of note, this is the largest expenditure amount the City's has ever incurred, at least within the last two years. Large expenditures were for the northend fire station, the golf course and the Smith Street improvements. COUNCIL CHAMBER REMODEL Brent McFall noted that the architect, Jackson Carter, had prepared the bid specs for the Council Chamber remodel , with the expectation that they would go out soon and be ready for award at the Council meeting of October 18. It was noted that there wasn't a firm construction timeline because of the coordination of many trades and the unknowns of a remodel . Jackson Carter noted that the improvements planned are for improved lighting with reflected panels , improved soundtcarpet, furnishing, a display wall with a neutral backdraw, conduit for eventual full video and a fibre artwork. Based on a question from Councilman Dowell , it was noted that a separate sound engineering firm was working on improving the sound system and that the best option appeared to be many small speakers included in a lowered ceiling. City Administrator McFall noted that during the construction period it would be best for the Council to relocate it's meetings to another site rather than pay the contractor additional funds for weekly cleanup of the remodel site. Possible Operations Committee Minutes September 15, 1988 Page 2 options include the library conference room or the Senior Center. Based on a question from Councilman Mann, the possibility of delaying the videoing of Council meetings until after the remodel was discussed. It was noted that current video operation is basically with the home video setup and this operation will be improved with the Council remodel . With respect to the sound system, Jim Hansen noted that a citizen had approached him after the last meeting noting that he couldn't hear the Council presentations. REPORT ON •THE OFFICE BUILDING PROJECT Brent noted because of the full discussion with the entire Council at Tuesday nights meeting that this item didn't need to be on the agenda. He did note that earlier in the morning he attended a meeting with KDA and they expressed enthusiastic interest for the project. He noted that based on the Council discussion at the workshop that an item will be placed on the consent calendar for 9/20 authorizing Brent to negotiate sale and purchase agreement on City land and a lease agreement on the office space. Both these arrangements will be subject to Council approval at a subsequent meeting. The committee commended Brent for his remarkable work in working on the development of this project and C oving it ahead. FLOOR REMODEL City Administrator McFall noted that the intent of the move of the Drinking Driver Task Force and the Crime Prevention Unit to the Commons was so that the Information Services area on the second floor of City Hall could be improved to provide adequate space for the Information Services staff. He noted that the remodel process involved the removal of two bathrooms that had been associated with the judges chamber and the elimination of the hall way that previously connected the 2nd floor with the courtroom. These two modifications in addition to some minor modifications in word processing to provide a word processing unit in lieu of a closet and the opening up of another closet for a Information Services reception area were additional improvements designed for the area. The Council felt these improvements were needed and recommended the go ahead. 66F-01F