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HomeMy WebLinkAboutCity Council Meeting - Council - Agenda - 09/06/1988 w w CmIty w of K C 'Ity Counc '11 Me W wAgenda W w w w w w W Office of the City Clerk CITY COUNCIL MEETING September 6 , 1988 Summary Agenda 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 Employee of the Month /B; Proclamation - Constitution Week 2 . PUBCyIC HEARINGS �A/ Surplus Property l� _Central Pre-Mix Street Vacation rE!� Signature Pointe Appeal 3 . CONSENT CALENDAR aMinutes B Bills / Drinking Driver Task Force Donation Appointments Contract Renewal KCFD #37 _ F Public Safety Computer Software Contract --6/ Supplemental Budget for Task Force i . Personnel - Janitorial Positions Street Vacation Hearing Date — /J. Street Closure Permits - Ordinance ,7, -7 9 mot{! Criminal Assistance Definition - Ordinance -' Criminal Assault - Ordinance a-799 Speed Limit Changes - Ordinance a-�soo _AT-- Northward Business Park Bill of Sale Pay and Pak Distribution Center Bill of Sale Set Hearing Date Final Roll - LID 322 Set Hearing Date Final Roll - LID 323 Set Hearing Date Final Roll - LID 325 Commendation for Planning Association of Washington - Resolution / Isa Resolution of Support for King County Library Bond Issue / I9'3 4 . OT R BUSINESS Hazardous Waste - Zoning Code Amendment - Ordinance o2�01 " Zoning Code Amendment - M-1 & M-2 Zones PUD OrdinanceA5'oa Zoning Code Amendment - Hearing Examiner S . 272/277 Corridor Study F. Care 'S 'iFervA - e {i�i O rt p�u s IDS `� P e( Eire Dept . Apparatus L I D 327 �6 . REPORTS CONTINUED COMMUNICATIONS ADJOURNMENT ............. .. PUBLIC COMMUNICATIONS Citizens wishing to address the Council will, at this time, make known the subject of interest, so all may be properly fv heard. A. Employee of the Month B. Proclamation - Constitution Week Kent City Council Meeting Date September 6, 1988 Category Public Hearings 1. SUBJECT: UPPER MILL CREEK DETENTION BASIN - SURPLUS PROPERTY 2 . SUMMARY STATEMENT: This date has been set for a public hearing on the sale of a house on 106th Ave. S.E. which has been declared surplus to the City' s needs . Due to an error in the published legal description and estimated value, it is necessary to reschedule the public hearing. Resolution � has been prepared to replace the original Resolution 1179 , and will correct the legal description, adjust the value to take into account the cost of removing the house and will reschedule the public hearing to September 20, 1988 . 3 . EXHIBITS• Resolution •• 4 . RECOMMENDED BY: Staff (Committee, Staff, Examiner, Commission, etc. ) 5. EXPENDITURE REQUIRED: N/A SOURCE OF FUNDS: OPEN HEARING: PUBLIC INPUT: CLOSE HEARING: 6 . CITY COUNCIL ACTION: Councilmember &OM moves, Councilmember seconds to adopt Resolution IM as described. DISCUSSION: ACTION: Council Agenda Item No. 2A RESOLUTION NO. A RESOLUTION of the City Council of the City of Kent, Washington, repealing Resolution No. 1179, declaring a house in the vicinity of 106th Ave. S.E., Kent, to be surplus to the City's needs and not required for public services; and setting a public hearing pursuant to RCW 35.94.040 for September 20, 1988. WHEREAS, the City Council confirmed the Public Works Committee recommendation to declare the existing dwelling structure at 26801 106th Ave. S.E. situated in Kent in King County, Washington, as surplus to the City's needs and not required for providing public services; and WHEREAS, RCW 35.94.040 requires a public hearing before the City may cause such property to be sold and conveyed; and WHEREAS, Resolution No. 1179, passed by the City Council on August 16, 1988 does not reflect certain costs of removal of the surplus property, certain adjustments to the value of the surplus property, nor the accurate legal descriptions; and WHEREAS, the property is now determined by the Public Works Department to be valued at $2,500.00; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON DOES HEREBY RESOLVE AS FOLLOWS: Section 1 . Repealer . The following is hereby repealed: Resolution No. 1179 entitled: A resolution of the City Council of the City of Kent, Washington, declaring a house in the vicinity of 106th Ave. S.E., located in Kent, to be surplus to the City's needs and not required for the public services; and setting a public hearing pursuant to RCW 35.94.040 for September 6, 1988. ,. Section 2. The existing dwelling structure at 26801 106th Ave. S.E. situate in City of Kent, King County, Washington is not required for public service and is surplus to the City's needs. Section 3. A public hearing before the Kent City Council shall be held September 20, 1988 at 7 p.m. in the Kent City Hall. Section 4. Notices of said hearing shall be placed at three conspicuous locations on or adjacent to the subject property and published in a newspaper of general circulation in the City of Kent. Section 5. The successful bidder shall be required to enter an agreement which is attached hereto and made a part hereof. 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 0601-22o 2 AGREEMENT THE CITY OF KENT, a municipal corporation of the State of Washington, " hereinafter "City", and hereinafter "Purchaser", enter into the following Agreement for the removal of an existing dwelling structure located at 26801 106th Ave. S.E. , Kent, Washington 98032. WHEREAS, the City of Kent desires to develop property for a public works project at said location, upon which presently exists a residential structure; and WHEREAS, the City has solicited bids for the purchase and removal of said structure and Purchaser being the successful -bidder thereof; and WHEREAS, it will be necessary to remove the existing structure to facilitate construction of the public works project; NOW, THEREFORE, it is hereby covenanted and agreed to as follows: 1 . That in consideration of ($ ) plus state sales tax, Purchaser shall remove the existing residential structure at said location. 2. Purchaser is responsible for obtaining any and all permits, and licenses, including any required demolition permits, building permits, and street use permits and is responsible for collecting and paying any and all Washington State sales taxes associated with the sale of the residential structure. Purchaser shall complete removal of said structure within ninety (90) days following the date of Mayor's signature herein. Purchaser agrees to pay the amount of money set forth below to the City as a nonrefundable deposit if said structure is not removed. Such amount is equivalent to the costs to the City to raze or otherwise demolish the structure if performance is not completed by the Purchaser within 90 days following the date of the Mayor's signature. The provisions in the Contract for the nonrefundable deposit are also intended to be in lieu of contract liability of the Purchaser for special , incidental and consequential damages sustained by the City for nonperformance. However, this requirement does not relieve or release the Purchaser from liability for injuries or damages suffered by the City or third person due to other actions of the Purchaser. Further, Purchaser agrees that it is excluded from the recovery of delay damages where such delay has not been actually caused by the City. If the delay has been caused by anyone other than the City, the Purchaser may not seek damages from the City but rather shall seek damages directly from the party responsible for the delay. The City shall not be added as a party to any such proceeding, whether in arbitration or litigation. The City shall be entitled to recover all costs and fees including attorney fees associated with the enforcement of this provision. The Purchaser shall provide and bear all expense of all equipment, work, transportation and labor of any sort whatsoever that may be required for the removal and transfer of that structure and completing the work provided for in this contract including any specifications furnished by the CITY. 3. Purchaser agrees to accept the structure in an "as is" condition without any warranty, including habitability of said structure. Purchaser warrants and represents to the City that Purchaser has personally examined the structure and found it suitable as is. 4. The Purchaser, and the heirs, executors, administrators, successors, _. and assigns of the purchaser, does hereby agree to the full performance of all covenants herein contained upon the part of the Contractor. 5. It is further provided that no liability shall attach to the CITY OF KENT by reason of entering into this contract, except as expressly provided herein. 6. Purchaser agrees to defend, indemnify and hold the CITY OF KENT, its elected officials, officers, employees and agents (hereinafter "Owner" ) harmless from any and all claims, demands, losses, and liabilities to or by any and all persons or entities (including without limitation, their respective agents, licensees, or representatives) arising from, resulting from, or connected with the removal of said structure from the City ' s property, including transit to a new location by Purchaser or Purchaser's 2 - agents or employees to the fullest extent permitted by law and subject to the limitations provided below. Purchaser's duty to defend and indemnify City of Kent shall not apply to liability for damages arising out of bodily injury to persons or damage to property determined by a trier of fact that it was caused by or resulted from the sole negligence of City of Kent or City of Kent's agents or employees. Purchaser's duty to indemnify City of Kent for liability for damages arising out of bodily injury to persons or damage to property caused by or resulting from the concurrent negligence of (a) City of Kent or City of Kent's agents or employees, and (b) Purchaser or Purchaser's agents or employees, shall apply only to the extent of the negligence of Purchaser or Purchaser's agents or employees. Further, the indemnification obligation under this contract shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable to or for any third party under worker's compensation acts, disability benefits acts, or other employee benefit acts. This promise of indemnity specifically applies in the case of injuries to Purchaser's own employees. Purchaser's duty to defend, indemnify, and hold City of Kent harmless shall include, as to all claims, demands, losses, and liability to which it implies, City of Kent's personnel related costs, reasonable attorneys ' fees, court costs, and all other claim related expenses, including attorneys' fees and other costs incurred by City of Kent to enforce and establish its rights. 7. Should the Purchaser or any of its subcontractors cause damage of any kind, including but not limited to delay, to any separate contractor on the project, the Purchaser shall , upon due notice, promptly attempt to settle with such separate contractor by agreement or otherwise to resolve the dispute. The Purchaser agrees to submit to arbitration any unresolved dispute, in any amount, with any separate contractor. The City shall not be made party to such an arbitration. If such separate contractor sues or initiates suit a proceeding against the City on account of any damage alleged to have been caused by the Purchaser, the City shall notify the Purchaser who shall immediately defend such proceedings at the Purchaser's sole expense. If any judgment or award of any kind results against the City, whether or not the Purchaser, having been notified, defends the proceedings, the Purchaser shall satisfy it and shall reimburse the City for all expenses, attorneys' fees, and court or arbitration costs which the City incurred, including actual cost expenditures in defense which may not be costs allowed in court or arbitration. - 3 - 8. In the event of any conflict between the provision of this Agreement and incorporated contract documents, including standard conditions, supplementary conditions, and other terms and conditions, this Agreement shall control . 9. Purchaser shall provide public and Purchaser liability and property damage insurance with coverage levels no less than $200,000.00 for each occurrence, including workmen' s compensation insurance for the removal and transportation of said structure. In providing public liability and property damage insurance, the Contractor shall provide that the City be named as a co-insured. Such policy shall provide coverage to the City on an occurrence basis for the duration of work. Contractor shall also purchase and maintain All Risk Insurance for public liability and property damage and physical loss or damage. This insurance shall provide coverage for the City/Developer, the Contractor, and all Subcontractors performing work on projects under City contract or authorized by City permit, as well as provide coverage for the City of Kent for the limits specified. The insurance shall contain "THE CITY OF KENT, ITS ELECTED AND/OR APPOINTED OFFICIALS, ITS EMPLOYEES, AND AGENTS AS ADDITIONAL INSURED" insofar as the work and obligations performed by City permit is concerned. Mail to: Attention: Don Wickstrom Department of Public Works City of Kent 220 Fourth Ave. S. Kent, Washington 98032 The City will not accept any certificate of insurance or accord form certificate as a substitute for an actual policy of coverage. Any exclusions, exemptions, exceptions, or other policy coverage limitations of said policy, including any identifying particular City activities or actions, must first be reviewed by and written acceptance provided by the City before commencement of work. A failure to provide insurance coverage and written acceptance of the tendered policy shall be deemed to constitute non-acceptance of the contract - 4 - by the Contractor. The City reserves the right to then negotiate and award the contract to another contractor. Purchaser agrees that the City assumes no risk or loss by fire or any other casualty to any portion of the work or equipment thereof, whether completed, in process of removal , transit, and installation of the said structure at a new location. It is understood that the whole of the work under this Contract is to be done solely at the Purchaser's risk, and the Purchaser is familiar with the site and _. transportation conditions, and other. contingencies likely to affect the work, and has made its bid accordingly, and that it is to assume the responsibility and risk of any loss or damage to materials or work. 10. Purchaser is responsible for locating any underground utilities affected by the work and is deemed to be an excavator for purposes of RCW Chapter 19.122 RCW, as amended. Purchaser shall be responsible for compliance with Chapter 19.122 RCW, including utilization of the "one call " locator system before commencing any excavation activities. Purchaser is also responsible for any and all costs associated with disconnection of utilities, including septic tank removal . 11 . The Purchaser shall observe and comply with all applicable federal and state laws and with the county, . city and municipal resolutions, ordinances and regulations that will in any way affect the work, and it shall indemnify and save harmless the City of Kent against any claims arising from the violation of any such laws, resolutions, ordinances or regulations. Purchaser further agrees that said Contract is terminable in case the Contractor shall violate the provisions of such laws. IN WITNESS WHEREOF the parties hereto have caused this agreement to be executed the day and year first hereinabove written. CITY OF KENT DATE: N KELLEHER, MAYOR - 5 - Kent City Council Meeting Date September 6, 1988 OCategory Public Hearings SI JECT: STREET VACATION NO. STV-88-2 CENTRAL PREMIX CONCRETE COMPANY •••• 2 . SUMMARY STATEMENT: This hearing will consider a request by Central Premix Concrete Company to vacate a portion of South 208th St. 3 . EXHIBITS: Report and map 4 . RECOMMENDED BY: Staff (Committee, Staff, Examiner, Commission, etc . ) 5. EXPENDITURE REQUIRED: $ N/A SOURCE OF FUNDS: OPEN HEARING: PUBLIC INPUT: n� CLOSE HEARING: 6 . CITY COUNCIL ACTION: Councilmember wd-4 moves. Councilmember seconds to approve street vacation No. STV-88-2 with two conditions as outlined in the staff report dated September 1, 1988 and to direct the City Attorney to prepare the required ordinance upon receipt of the compensation DISCUSSION: -- ACTION Council Agenda Item No . 2B KENT PLANNING DEPARTMENT September 1, 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 a portion of S . 208th Street I. Naive of Applicant _. Central Pre-Mix Concrete Company P. O. Box 3366 t Spokane, Wa 98220 II . Reason for Requesting Vacation The applicant states, "So as to connect adjoining lots and vacate a street which goes nowhere now or in the future" . III. Staff Recommendation APPROVAL WITH CONDITIONS After reviewing comments from the following departments and agencies: Public Works Department Parks Department Fire Department METRO Puget Power Pacific Northwest Bell Washington Natural Gas ,• and conducting our own review, the Planning Department recommends that the request to vacate a portion of S. 208th Street as mentioned in Resolution 1178 and shown on the accompanying map, be APPROVED with the following conditions: 1. Reserve easement rights over, under, upon and across the area to be vacated for public and private utility purposes. 2 . Compensate the City in cash at one-half the full appraised value of the area to be vacated as established by the Public Works Department. JPH:ca "` Attachment }I z _ I f-- I O bLO v PRO P055D S . 2 0BT-4 N q P VACAT! Q � j Z ti' STD! B(9- 2 LAto �� 00 ft lio �.1U00 � V.4rgT/Av U -ZdCJ TN IQRF� -_ So 209 .. ... D C) ` /yG so 1 / r°' syi v 4BL C i 3 � J ° _ Al , h 2 N � n h t Imo. , nl . M wt n42 ry 209TH ST v S,. c\ (NpM1fy150N srl Q I° � y a 6 50� 5 lb. o S b.� L = S 3' OI° r 'D v C 1 r— 14 9, a Kent City Council Meeting Date_ September 6 1988 Category Public Hearings U� 1. SUBJECT: APPEAL - SIGNATURE POINTE NO. SMA-88-4 2 . SUMMARY STATEMENT: This public hearing will consider an appeal by Triad Development, Inc . of the Hearing Examiner ' s conditional approval of the Shoreline Substantial Development permit for the Signature Pointe multifamily development (SMA-88-4) . Specifically 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 Ave. So. south of Meeker Street at SR516 . 3 . EXHIBITS: Letter of appeal, staff report, minutes, finding and recommendation, memo from Kent Fire Department 4. RECOMMENDED BY: Hearing Examiner, 7/29/88 (Committee, Staff, Examiner, Commission, etc . ) Approval with two conditions . 5 . EXPENDITURE REQUIRED: $ N/A SOURCE OF FUNDS: OPEN HEARING: PUBLIC INPUT: CLOSE HEARING: 6 . CITY COUNCIL ACTION: Councilmember moves, C ncilmember PA seconds to adopt/modify the findi/Hea f the Hearing Examiner to concur with/disagr_� with the ng ExaRneFs—re-�mendation of approval with two condit . DISCUSSION: -• ACTION: Council Agenda �(} /J Item No. 2C TRIAD AUG 241 DEVELOPMENT INC c �88 �rY OF�R lVr August 19, 1988 Q CL K Members of the Kent city Council 220 S. Fourth Street Kent, WA 98032 RE: Signature Pointe Appeal/Hearing Examiner's File No. SMA-88-4 Dear Council Members: By letter dated August 2, 1988, Triad Development, Inc. appealed the decision of the Kent Hearing Examiner to condition her approval of a shoreline substantial development permit for the Signature Pointe Development (SMA-88-4) . Specifically, the Examiner required that the site plan be revised to provide a second point of ingress and egress, even though only one access is required by applicable codes. As further explained in this letter, the condition must be removed by the Council since it is neither supported by the facts in the record nor the law relating to shoreline permit conditions. This letter more fully explains the basis for our appeal. I. The Power To Condition A Shoreline Permit Is Limited To "Reasonable" Conditions. The Shorelines Hearings Board (SHB) has established that local jurisdictions may impose only "reasonable" conditions on shoreline permits. See SHB Nos. 155, 81-37, 83-7 . At least three guidelines have been established for determining whether a condition is reasonable. First, a shoreline permit condition must be based on policies related to the shoreline. SHB No. 81-37. Second, the condition must be based on supportable facts and assumptions. SHB Nos. 155, 177 and 204 . Third, a condition must be capable of being accomplished. See WAC 197-11-660 (SEPA Rules) . The condition imposed by the Examiner meets none of these three tests. A. There Is No Authority For The Condition Because It Is Not Related To Protection Of The Shoreline. The Examiner purports to rely on the Human, Circulation and Economic elements of the comprehensive plan and the Valley Floor Plan to the extent they promote a "healthful environment" and "balanced transportation" system in the City. Development Rc•nov.inon& -" Land AcyuiSillon Kent City Council August 22, 1988 Page 2 The Shorelines Hearings Board has held that other plans may be relied upon in reaching decisions on shoreline permits. However, in order to be the basis of a condition, a policy must further the Shoreline Management Act (SMA) or aid in implementation of the Kent Shoreline Master Program (KSMP) , both of which are expressly designed to protect the shoreline. See SHB No. 81-37. For example, a permit can be conditioned in order to protect water quality or bank erosion. Weyerhaeuser v. King County, 91 Wn. 2d 721 (1979) . Such conditions are directly related to impacts on the shoreline. A substantial development permit cannot be conditioned tc address non-shoreline concerns. For example, a shoreline permit cannot be conditioned to require adequate public services such as police patrols. SHB No. 123 . Here, the Examiner is trying to address an issue of access that has no impact on the river environment or shoreline. The only policies of the SMA and KSMP that are applicable to residential developments relate to public access and circulation to the shoreline. See Staff Report to Hearing Examiner, page 6. There are no policies that relate to site design for access points outside of the shoreline. In summary, the condition is not related to protection of the shoreline or promotion of any specific shoreline policy; therefore, it must be stricken as beyond the scope of the SMA and KSMP. B. The Condition Is Not Based On Supportable Facts. In order to meet the "reasonableness" requirement, a shoreline permit condition must be related to the proposal 's impacts and not be based on unsupportable facts or assumptions. SHB Nos. 155 and 177. A review of the record reveals that there are no supportable facts on which the condition can be based. Only two Findings of Facts relate to this issue. Finding of Fact No. 13 states that residents expressed "concern" with respect to one ingress and egress point. The Shorelines Hearings Board has ruled that unsupported concerns cannot be the basis for shoreline permit conditions. SHB No. 177. Finding of Fact No. 14 states that representatives of the Kent Fire Department indicated a preference for a second emergency access, but acknowledged that only one access is required by code. The Examiner, however, did not limit the condition to an emergency access; rather, the Examiner purports to require a second ingress and egress point for all residential traffic. Kent City Council August 22, 1988 Page 3 Accordingly, Finding of Fact 14 does not support the condition. Moreover, there was no evidence to indicate that one access -- point would create any adverse traffic impacts. The only evidence on traffic circulation was the applicant's traffic study and the City's Determination of Non-Significance (DNS) . These documents conclude that there will be no significant adverse impact from the site design. The Examiner is bound by the evidence in the record and the City's DNS. Since the Examiner's access condition was not based on supportable evidence, but rather on unsupported concerns, the condition must be found to be unreasonable. I C. The Condition Is Not Reasonably Capable Of Being Accomplished A permit condition must be capable of being accomplished in order to be reasonable. See WAC 197-11-660 (SEPA Rules) . In this case, the applicant cannot provide a second point of ingress and egress on its property for residential traffic. This is because a portion of the subject property was taken by the State of Washington when it constructed SR-516 across the site. The State left the property owner with only one access point, which is all that is required by applicable codes. At the hearing, the applicant testified that a second point of ingress and egress from its property to a public road would not be feasible without the voluntary approval or agreement from other public or private parties. No evidence was introduced to contradict this testimony. It was suggested that adjacent properties to the east could be used in order to connect the -- project site with the West Valley Highway. At the time of the hearing, however, those properties were not owned or controlled by the applicant. Rather, those properties are under two separate and distinct ownerships. This condition effectively forces the applicant to purchase the neighboring properties to the east regardless of price, terms or even a willingness of the property owners to sell. This is unreasonable. The Hearing Examiner can only impose conditions which the applicant, by itself, can satisfy. Accordingly, the condition must be stricken from the permit. II. The Examiner Is Bound By The DNS. Issues of traffic, circulation and access are reviewed by the City in connection with the environmental analysis performed under the State Environmental Policy Act (SEPA) . This project has been the subject of extensive environmental review, including the issuance of a prior EIS, an addendum, two environmental checklists and issuance of a DNS. Kent City Council August 22, 1988 Page 4 During this extensive environmental review, there was no finding that a significant adverse traffic or circulation impact would result from the site design. In fact, the SEPA review concluded: "The close-in location of major roads (Meeker Street and West Valley Highway) make the project very accessible to fire services. " It should be noted that the public had opportunities to be involved in the SEPA process. There was no appeal of the prior environmental determinations. Now, at the shoreline permit stage, the Examiner is attempting to circumvent the SEPA process by attaching an access condition to the shoreline permit. This is beyond the scope of her authority. The prior SEPA determinations are final. Her jurisdiction is limited to review of the shoreline permit, which related only to development within 200 feet of the shoreline and its impact on the shoreline environment. She has no authority to impose conditions that relate to a non- shoreline concern or to development outside of the shoreline, which development of a second access point would be. Weyerhaeuser v. King County, 91 Wn.2d 721 (1979) . The access condition is an attempt to go beyond her shoreline jurisdiction, and as such, it must be stricken. III . Summary. We urge the members of the City Council to strike the condition requiring a second point of ingress and egress. The condition is beyond the shoreline jurisdiction of the Examiner because: (1) it is not related to protection of the shorelines; (2) it is not based on any supportable facts in the record; and (3) it is not capable of being accomplished by the applicant. Moreover, the condition attempts to circumvent the prior SEPA determination that is binding on the Examiner and the City. We urge you to set this matter for public hearing as soon as possible. We will be happy to answer any questions you may have at the hearing. Sincerely, TRIAD DEVELOPMENT, INC. Frederick W. Grimm TRIAD DEVELOPMENT INC August 2, 1988 Office of the City Clerk Attn: Marie Jensen 220 South 4th Kent, WA 98032 -- RE: Notice of Appeal of Signature Pointe Hearing Examiner's File No. : SMA-88-4 Dear Ms. Jensen: .. i Triad Development, Inc. respectfully gives notice of appeal of the decision of the Hearing Examiner to condition her approval of a Shoreline Substantial Development Permit Application (No. SMA-88-4 Signature Pointe) upon a revision of the site plan to provide more than one point of ingress and egress. The basis for the appeal of this condition is as follows: 1. The satisfaction of the condition is beyond the sole k control of the developer and requires the cooperation of private and/or public parties, whose cooperation may or may not be forthcoming; 2. The need for such a condition is unsupported by material and substantial evidence in view of the entire record as submitted; 3 . The condition is a result of an error in the interpretation and application of the Kent Shoreline Master Program and the City of Kent Comprehensive Plan; 4 . In making the condition, the Hearing Examiner improperly ventured beyond the Shoreline Substantial Development Permit process and into the SEPA (State Environmental Policy Act) process, which process had already been completed and satisfied. Accordingly, Triad Development respectfully requests the City Council to modify the Hearing Examiner's approval by deleting the condition requiring more than one point of ingress and egress. Development Mtn �niliri I',ub I.... _.. Renovation X 2ur,� Land A((ju non v.�n l� AA.A n.I.;;; P AA ,�Io-� i August 2, 1988 Page 2 We strongly urge you to schedule this appeal on the agenda of the City Council as soon as is possible, and to otherwise expedite this appeal process. We would hope that we could be on the agenda for the meeting presently scheduled for August 16, 1988. sincerely, TRIAD DEVELOPMENT, INC. C' Frederick W. Grimm MARIE JENSEN FINDINGS AND DECISION OF THE HEARING EXAMINER FOR THE CITY OF KENT FILE NO: #SMA-88-4 SIGNATURE POINTE APPLICANT: TRIAD DEVELOPMENT REQUEST: A request for a shoreline substantial development permit application to build a 584-unit multifamily apartment project within 200 feet of the Green River. LOCATION: The project is located on 64th Avenue S. , south of Meeker Street at SR 516. This property is located within the river bend known as Good News Bay, where the river bounds the site on the west, south, and east. SR 516 bisects the site. I APPLICATION FILED: 4/22/88 I DEC. OF NONSIGNIFICANCE: 5/20/88 HEARING EXAMINER MEETINGS: 6/15/88 3 : 00 P.M. (continued) 7/6/88 7: 00 P.M. DECISION ISSUED: 7/29/88 DECISION: CONDITIONAL APPROVAL STAFF REPRESENTATIVES: Jim Hansen, Planning Department Kathy McClung, Planning Department Libby Hudson, Planning Department Larry Webb, Fire Department Ken Miller, Public Works Department Ken Morris, Public Works Department Ed White, Public Works Department Sgt. Jones, Police Department PUBLIC TESTIMONY: For Applicant: Frederick Grimm, Representative Beth Mountsier, Architect Tom Rengstorf, Landscape Architect Ralph Krutsinger, Civil Engineer Walt Smith, Goodman Management Dave Inger, Traffic Engineer Mik Hulkman, Goodman Management Other Comments- Grace Studer Larry Stougard Joe Miles Tom Miller Craig Moran Mary Williams Tom Miskell Harold Porter Dianna Miskell M. J. Patoc Joe Slepski Jerry Studer 1 Findings and Decision Signature Pointe #SMA-88-4 WRITTEN TESTIMONY: Walter Pacheco, Muckleshoot Indian Fred H. Maybee, Department of Wildlife INTRODUCTION This matter first came before the undersigned Hearing Examiner for public hearing on June 15, 1988 . As a result of the number of witnesses interested in testifying concerning this matter, the public hearing was continued until July 6, 1988 . In order to review the 27 exhibits submitted and the 85 pages of verbatim minutes, the undersigned extended the time for consideration of the issues raised at the public hearing until July 29, 1988 . After due consideration of the evidence presented by the applicant, all evidence elicited during the public hearing, and as a result of the personal inspection of the subject property by the Hearing Examiner, the following findings of fact and conclusions shall constitute the decision of the Hearing Examiner on this application. FINDINGS OF FACT 1. The applicant, Triad Development, requests a shoreline substantial . development permit. The proposal is to permit the construction of multiple family apartments within 200 feet of the Green River. 2 . The subject property is located on 64th Avenue S . , south of Meeker Street at State Route 516. The subject property contains 38 . 8 acres and is known as Good News Bay. The River bounds the site on the west, south and east and State Route 516 bisects the site. The site contains an 8 . 5 acre parcel to the north and a 30. 3 acre parcel to the south of State Route 516. 3 . The original shoreline substantial development permit application called for 584 units. However, at the July 6, 1988 public hearing another site plan was submitted requesting approval of a 554 unit development. 4 . The subject property is currently zoned MRM, Medium Density Multifamily Residential. The subject property is designated as open space in the City-wide Comprehensive Plan. 5. Surrounding zoning and land uses in the vicinity include GC, General Commercial to the north along Meeker Street, and MRM, Medium Density Multifamily Residential north and west where the Riverwood Apartments are located. The staff report failed to note the surrounding county agricultural zones located across the Green River from the site to the west, south, and southeast. The land 2 Findings and Decision Signature Pointe #SMA-88-4 located in this vicinity is part of the King County Farmland Preservation District and is developed in a rural manner. 6. The subject property was originally proposed for a 600 unit multifamily residential development to be known as "Green River Condominiums. " The development proposal was initiated in 1980 and an environmental impact statement was required in connection with a proposed rezone of the northern 8.5 acre parcel from RA, Residential Agricultural, to MRM, Medium Density Multifamily Residential. Following the preparation of and the acceptance of a final environmental impact statement in 1981, conditional approval of the rezone request was recommended by the Hearing Examiner. The conditions of the rezone were not met and the rezone was not finalized. Subsequent developers contacted the City of Kent in 1988 requesting to comply with the conditions in the original rezone. The City Council concluded that the subsequent developers (Triad Development) had adequately met the conditions of the 1981 rezone and adopted an ordinance rezoning the 8. 5 acre parcel to MRM, Medium Density Multifamily Residential in April of 1988. 7 . The original development proposal called for development of the 600 units to be accomplished in phases. The subject proposed development of the subject 554 units is not phased. 8. The subject property has access to 64th Avenue which is classified as a residential access street. This street has a right-of-way width of 60 feet, with actual width of pavement of 44 feet. The site interior will be accessed by way of a boulevard which will pass under State Route 516. The boulevard will be two paved 1 nes with related appurtenances and parking provided on one side.!Me exact length of the boulevard was never clarified to the satisfaction of the undersigned during the public hearing on this application. 9 . The applicant prepared a traffic impact analysis which was submitted as Exhibit 6 to the public hearing. It should be noted that the traffic survey was not made available to the undersigned prior to the date of the public hearing and was 12 pages long and contained two complicated tables and six figures of projected traffic volumes. At the time of the second public hearing on this application on July 6, 1988, a revised traffic survey in the form of a letter admitted as Exhibit 18 was provided. The purpose of Exhibit 18 was to update anticipated traffic generation figures in light of the reduction from the assumed 600 unit project in the original traffic analysis to 554 units. The revised traffic figures were not made available to the undersigned prior to the second public hearing. The revised traffic figures anticipate that the 554 unit Signature Pointe complex will generate 3 , 330 average weekday vehicular trips when fully occupied. Of these trips, 275 trips will be generated during the weekday P.M. peak 3 Findings and Decision Signature Pointe #SMA-88-4 hour and 187 vehicles will enter the site and 88 vehicles will exit the site during the P.M. peak hour period. 1 10. The site plan calls for 1, 099 parking stalls to be provided. j These parking stalls will include garages which the applicant anticipates charging the tenants an extra fee to use. The fee has not been established at this point, however the applicant's rental agent indicated that the applicant would charge whatever the market would bear for the use of garages. In a similar complex a fee of $65 per month is charged for the use of a garage in addition to rent paid by tenants. 11. At the time of the public hearing considerable opposition from the public to the shoreline substantial development permit was evident. Many of the witnesses objected to additional multifamily development in Kent. Concern for the fish and wildlife in the area was expressed by representatives of the Seattle Audubon Society, the Muckleshoot Indian Tribe, the South King County Division of the Northwest Steelhead and Salmon Council, and the Washington State Council of Trout Unlimited. 12 . Other residents expressed concern with respect to the impact of the subject development on the Kent School District. I� 13 . Additional concern was expressed with respect to potential traffic j problems, specifically the safety of only one ingress and egress point. 14 . Representatives of the City of Kent Fire Department, while indicating that the one ingress and egress point complies with the applicable codes, indicated a strong preference for more than one ingress and egress point for fire safety. 15 . Other witnesses reminded the undersigned with respect to the incompatibility of multiple family uses located directly across the River from the King County agricultural zones. 16. The developer is proposing some large areas for recreational and open space use. The site plan indicates that residents will be provided with two recreational facilities which will include r. swimming pools, a gymnasium, a daycare center and meeting and lounge areas. 17 . The site is serviced by existing water and sanitary sewer systems. 18 . A storm water system is necessary and improvements for the storm drainage have been required through SEPA conditions. - 19 . At the time of the public hearing, a number of witnesses expressed concern with respect to the SEPA process. Specifically, some witnesses alleged not being notified with respect to the issuance 4 Findings and Decision Signature Pointe #SMA-88-4 of the SEPA decision document. Further, in a letter dated June 30, 1988 directed to James P. Harris, Planning Director City of _. Kent, the Washington State Department of Wildlife strongly urged the City to consider requiring a new environmental impact statement as a result of the alteration and destruction of the wetlands and riparian areas of the Green River since the date which the original environmental impact statement was prepared in 1981. 20. The staff report, with its recommendation of approval, is incorporated herein by reference as though set forth in full. CONCLUSIONS OF LAW 1. This development application is limited to consideration of whether a shoreline substantial development permit should issue. A shoreline substantial development permit is required as the developer is seeking to build portions of the proposed 554 unit multifamily development within 200 feet of the Green River. 2 . The Kent City Council has already determined that multiple family zoning is appropriate on the subject site. Accordingly, the question of whether the site should be utilized for multiple family uses is not properly before the undersigned. 3 . The City of Kent Shoreline Master Plan, Comprehensive Plan, Valley Floor Plan, and Green River Corridor Special Interest District regulations contain goals and policies to guide development along the Green River. 4 . As previously indicated, the City-wide Comprehensive Plan map designates the subject site as "open space. " However, the Kent Shoreline Master Program designates the area adjacent to the subject property as an urban environment and as previously indicated the City Council has determined the subject site to be an appropriate location for multiple family uses. 5. The Human Element of the City-wide Comprehensive Plan seeks to assure Kent residents an aesthetic and healthful environment. 6. Discussion of the Circulation Element of the Comprehensive Plan is omitted in the staff report. However, the Circulation Element of the Comprehensive Plan seeks to establish a balanced, safe and efficient transportation system for all modes of travel . Further, the Circulation Element of the Shoreline Master Program seeks to provide for circulation along and across the shoreline which minimizes the effect on the river environment. 7 . The Economic Element of both the Valley Floor Plan and the City- wide Comprehensive Plan seeks to promote controlled economic growth with orderly physical development, resource conservation 5 Findings and Decision Signature Pointe #SMA-88-4 and preservation. The Human, Circulation and Economic Elements of the Comprehensive Plan and Shoreline Master Program are not promoted by the site plan which anticipates only one ingress and egress point for 554 multiple family residential units. 8 . Details concerning the numbers of one, two, and three bedroom units were curiously omitted from the site plans and only available to the undersigned on repeated questioning of the applicant. It is easily conceivable that up to 1, 200 residents and guests could be present on the site at one time. A major fire or other disaster requiring prompt evacuation of residents would be made nearly impossible by only one ingress and egress point as proposed. 9 . The original SEPA environmental review report analyzing environmental checklists 88-21 and 88-35 with respect to ingress and egress anticipated a phased development. See e.g. environmental review report decision documents Signature Pointe Apartments #ENV-88-21 and #ENV-88-35, pages 5 and 6. With respect to fire and police services the environmental document assumes that because the original project was anticipated to be a phased one that the fire and police departments would become acquainted with the site as phased development occurred and would be able to _ ingress and egress the site. The undersigned concludes that one ingress and egress point on this site violates the goals and policies of the City-wide Comprehensive Plan, the Valley Floor Plan, and the Kent Shoreline Master Program. 10. The Kent City Council has previously determined the site to be appropriate for multifamily uses. RECOMMENDATION For each of the above reasons, the recommendation of the Hearing Examiner on the requested shoreline substantial development permit is CONDITIONAL APPROVAL, subject to the following conditions: 1. Development pursuant to the shoreline substantial development permit approved herein shall be based upon the site plan submitted at the July 6, 1988 public hearing and the number of units shall not exceed 554 . 2 . The site plan shall be revised in order to provide more than one ingress and egress point for public safety and to comply with the 6 Findings and Decision Signature Pointe #SMA-88-4 City-wide Comprehensive Plan, the Valley Floor Plan, and the City of Kent Shoreline Master Program. Dated this 29th day of July, 1988 . ANE L. VANDERBEEK Hearing Examiner Request for Reconsideration Any party of record who feels the decision of the Examiner is based on error of procedure, fact or judgment, or the discovery of new evidence may file a written request for reconsideration with the Hearing Examiner no later than 14 days of the date of the decision. Reconsideration requests should be addressed to: Hearing Examiner, 220 S. Fourth Avenue, Kent, WA 98032 . Notice of Right to Appeal The decision of the Hearing Examiner is final unless a written appeal to Council is filed by a party of record within 14 days of the decision. The appeal must be filed with the City Clerk and state the basis of appeal which may be errors of fact, procedural errors, omissions from the record, errors in interpretations of the Comprehensive Plan or new evidence. 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HEARING EXAMINER MINUTES July 6, 1988 The public hearing of the Kent Hearing Examiner was called to ,., order by the presiding officer, Diane L. VanDerbeek, Hearing Examiner, on July 6, 1988 at 7: 00 p.m. in the Kent City Hall, Council Chambers. Ms. VanDerbeek requested all those intending to speak at the hearing and those wishing to receive information concerning the hearing, to sign in at the sign up sheet by the door. Staff reports, agendas, and the description of procedure of the hearing were available by the door. Ms. VanDerbeek briefly described the sequence and procedure of the hearing. All those who intended to ,., speak were sworn in. SIGNATURE POINTE Shoreline Management Permit #SMA-88-4 This is a continuation of a public hearing heard on June 15, 1988 at 3 : 00 p.m. to consider the request by Triad Development for a shoreline substantial development permit to build a 584-unit multifamily apartment project known as Signature Pointe within 200 feet of the Green River. The property is located on 64th Avenue S. at SR 516 . Diane VanDerbeek: The first witness who I have signed up to testify is Grace Studer. Is. Grace Studer present? Do you wish to testify? Grace Studer: Madam Examiner, my name is Grace Studer, I live at 25607 68th Avenue S. in Kent. I 'm here tonight to ask you on behalf of myself and many of the surrounding neighbors of the Good News Bay site to ask that you deny this shoreline variance and the shoreline building permit. We will show the Signature Pointe proposal does not comply with local and state laws. That the area has been designated Open Space by the Comprehensive Land Plan. It is also protected under the Washington State Shoreline Management Act and the City of Kent Shoreline Master Program. Our environment is also protected by the rules and guidelines of the EPA, the SEPA and the City of Kent's own SEPA policies. We will show that the proposal by Triad representing Transcanada Enterprises is in conflict with all of them. We will show that the decision document, the environmental checklist were based on inadequate and incomplete information submitted in an _.. environmental impact statement made for 1980--1981. The 1 Hearing Examiner Verbatim Minutes Signature Pointe #SMA-88-4 environmental checklist do not describe the environment as its is today. We will shows that there is enough information on the current environment and the adverse impacts that this proposal creates to mandate a new environmental impact study. We will show that the short-term economic gains and convenience of the proposal does not justify the long-term adverse impacts to the land or this community. Shoreline variance procedures they. . .the property owner must show that if he complies with the provisions he cannot make any reasonable use of his property. The fact that he may make greater profit by using his property in a manner contrary to the intent of the program is not sufficient reason for a variance. I ' ll start with the variance itself. The variance can be obtained if the property owner can show that the complies with the provision of the master program and that he cannot any reasonable use of his property by complying. The Master Program cities four criteria for granting the variance. The way the variance reads is that all four criteria must be met that one of the elements does not take precedent over the others. On May 23 and 31st, 1988, the Planning Commission met to hear public testimony. I have the minutes here for you. VanDerbeek: Do you want to enter the minutes. Studer: I would like to enter those minutes into the record. VanDerbeek: All right, if you could pass them to Chris Holden, the recording secretary, they will be marked as an exhibit to this hearing. I believe that will be exhibit #9, is that correct? Studer: We believe that the Transcanada Enterprise Limited created their own hardship by buying the Good News Bay property in 1979. That' s when the title search revealed it. There's also a 1974 map of the City of Kent's Comprehensive Land Plan that clearly and distinctly shows that SR 516 does cross that property. I would like to submit into the record the Real Estate Title Search and the Comprehensive Land Plan that distinctly shows 516 in that area. VanDerbeek: Is that a current Comprehensive Plan Map? Studer: This is one that is available to the buyers in 1979 . VanDerbeek: All right. Those will be marked as exhibits to this 2 Hearing Examiner Verbatim Minutes Signature Pointe #SMA-88-4 hearing. The Title Report will be marked as Exhibit 10 and the Comprehensive Plan Map will be marked as Exhibit 11. Studer: We feel that by poor purchasing the RA zoned land north of 516 and having it rezoned to the. . . .the southern portion of the property instead of purchasing the land directly east of the property which was already zoned MRM and have the City of Kent build coming onto it was the best possible alternative. The planning staff report states that the land is completely surrounded by the Green River. If you will look at the land itself you will see that this site shows that statement to be wrong. The property over here is available. It is zoned MRM and does adjoin West Valley Highway and a City of Kent road. Mr. Harris of the Planning Department directed his remarks to only one criteria and that being that the owner did not create the ownership. He dismissed the Commissioners and the public remarks about preserving public welfare and interest and our concern over harm done to the area. Mr. Harris emphasized that the State had approved that area on the riverbank as the only way on and off the southern parcel of land. We believe that the State also recognized the land as also an access. We tried to show in public testimony the harm that could be done only with one access. Again, Mr. Harris said that the issue was of paving a road on the riverbank. Mr. Harris ' remarks prevented the Commissioners ability to completely address the criteria for the variance. We tried to get the Planning commission to discuss the fourth condition of the variance and when the Commissioners tried to question them they were cut off again by Mr. Harris. We feel that had a full disclosure of all the facts available instead of assumptions or statements prefixed by the words, "I believe" , the Commissioners may have changed their vote. We have three items, guidelines here, Shoreline Management Act Title 90, Chapter 58, the State Environmental Protection Act, Title 197 , Chapter 11 and the Comprehensive Land Plan Subarea Valley Floor Plan. These three major sets of guidelines and the laws were developed to protect the citizens and the environment now and in the future. We feel that the Planning Department in approving this project along the shoreline have not only ignored those guidelines but the laws of the City's own codes, Title 15. 08 .510A Subsection D1. The Comprehensive Land Plan, Valley Floor Subarea, shows this area as open space, pages 13 and 15 of the Valley Floor Plan describe what open space is and I would like to submit those two items into evidence or exhibit. -• VanDerbeek: That's not necessary to make any official City 3 Hearing Examiner Verbatim Minutes Signature Pointe #SMA-88-4 documents as exhibit because they are items that I have copies of and that I will reference and consider when making my findings. You may certainly reference those in your testimony and refer to them but it's not necessary to make them part of the record. Studer: o.k. The Washington State Shoreline Management Act. Planning Department has denied the State's right. . .State agencies the right to perform their duties to protect against the adverse affects to the public health, the land and its vegetation and wildlife. This is under Title 90. 58. 020. The Shoreline Master Program was adopted as written and approved by the State in accordance with Title 90.58 . The Planning staff by approving Signature Pointe development without the development in total compliance with the Shoreline Master Program and shows a disregard for the Shoreline Management Act. Allowing and approving of the variance and the building permit only water's down the intent of the Washington State legislature and voters of the State of Washington. Under SEPA, Title 197 Chapter 11, allowing the 1980 Draft Environmental Impact Statement for the basis of comments on the decision document when the environmental checklist does not comply with the intent or the guidelines set down by SEPA which basically states that the lead agency shall make decisions in accordance with SEPA guidelines and shall be responsible for obtaining all necessary information about projects. The intent of the SEPA rules which would insure that proper studies to the environment were made so that the public as well as those agencies and departments of the county, state and government levels could comply evaluate any proposal . VanDerbeek: With respect to your argument concerning the SEPA issues, the environmental document in this case was issued on May 11, 1988. Have you or any other citizen filed a timely appeal of that environmental determination. Studer: I will get to that in a moment. I feel that we were not allowed to because the documents were not available for us to see. I will address that in a moment. VanDerbeek: All right. Studer: The City of Kent Sepa Code 15. 08 .510 Section D1 provides that the City of Kent be given further authority in protecting the environment. We feel that the Planning Department did not act properly on the best interest of the public when they use inadequate and outdated information. It may argue that the time for SEPA comments and appeals has expired but when the information is not available or withheld from the public or the affected 4 Hearing Examiner Verbatim Minutes Signature Pointe #SMA-88-4 agencies and the affected Indian tribes then that argument does not hold water. VanDerbeek: How. . .what. . . specifically, how are you alleging that the information was withheld. Studer: Because• I was there on June 1 and 2 to review the entire Signature Point file. This EIS, the DEIS, were not in it. In fact, if you recall, on June 15 when you asked for those document, -. the Planning Department could not provide them. I went down on the 16th of June as soon as the Planning Department opened, they said they did not have them, they were at the printers and I would have to wait. For the time for the period of the appeal was way over. . .we couldn't get the information. VanDerbeek: Was the information provided in response for a request for that information? Studer: I requested all information pertaining to Signature Point. I wanted to review and take excerpts from those documents that we thought were necessary. But, when you consider that those important documents, the checklist referred to the DEIS of 1980, when I could not possibly review them because they were not available how could I make an appeal on those issues. VanDerbeek: Right. But, I was asking were they ever. . .were you provided with a copy of those documents by the. . . Studer: Eventually I was able to buy the copies. VanDerbeek: And when was that? Studer: On June 16. VanDerbeek: All right. Studer: Which according to Mr. Harris the appeal time was over on June 14 . VanDerbeek: All right. You may continue. Studer: We also feel that proper information such as the environmental checklist and the DNS 's were not distributed. And, ~ I will enter into the documentation the distribution list for the DNS and the environmental checklist. They were not issued to the affected Indian tribes which may against State law as well as Federal law. We believe that the Planning Department has acted in 5 Hearing Examiner Verbatim Minutes Signature Pointe #SMA-88-4 direct conflict to the directives. . .own City goals and policies putting bottom line economies. . .economics ahead of the welfare and the interest of the public. The environment and the agencies who protect them. Further evidence of this is revealed by comments and mitigation remarks in the DEIS, the FEIS. The total disregard for the environment and the land, leaving their adverse impacts, and the statements from the agencies who protect them virtually dismissed and not discussed. Labeling those adverse impacts as unavoidable and insignificant. If you will review the FEIS, especially the letters from the Department of Fisheries, the Department of Game, the Department. . .King County Land and Community Management, you will see what I am talking about. Those are just a few. By approving the Signature Point proposal we believe that the Planning Department has also ignored the wishes and intent of the previous agreements made by the City of Kent; i.e. the River of Green and the Green River Corridor Plan. The Comprehensive Land Plan and the State Plan that state that this area is of significant value to the community as open space and a potential parks area. By allowing the variance and conditional use permit, time after time, the Planning Department has watered down the intent of the voters of the State of Washington and the City so that short-term economic gain appears to take precedent over the long-term adverse impacts that this development and others have created. The blatant omission of the environmental agencies and affected Indian tribe from the distribution list for the DNS and the checklist will reflect this attitude. At this time I would like to enter those, the distribution list. . . VanDerbeek: All right. The distribution list will be marked as Exhibit 12 to this hearing. Studer: Also, the plans for the Green River Corridor Plan. VanDerbeek: Excuse me, Mrs. Studer, just a moment. Is the distribution list already a part of the official file. It should be. Yes, is the SEPA distribution list already in the official file. All right. The SEPA distribution list is already in the official file so it is not necessary to mark it as an exhibit. Studer: o.k. If you will note on that distribution list that none of the agencies, i.e. , the Department of Wildlife, the Department of Fisheries, and the Muckleshoot Indian Tribe were not notified. I do have a summary and some maps of the Green River Corridor Plan, I would like to enter those into exhibit. 6 •- Hearing Examiner Verbatim Minutes Signature Pointe #SMA-88-4 VanDerbeek: A summary of your comments. Studer: What do you mean by comments, I would like to show you these documents that show that the City of Kent in previous agreements have made pacts with the other communities in this area and they have agreed that these areas should be set aside as a potential park and open space and deemed it significant. VanDerbeek: Well, the Green River Corridor Plan and any other City plan will be considered by me in making a recommendation to the City Council on this issue. If there is anything there that you want to submit as an exhibit that goes beyond a current official City plan, I would be happy to consider that as an exhibit but I will review all of the material that you are referencing in connection with making my recommendation. Studer: Thank you. VanDerbeek: Any other comments. Studer: Yes, I do. I 've just got lost in this. - VanDerbeek: That' s all right, take your time, I certainly did this evening, not purposely. Studer: O.k. As a trustee for the citizens and the environment within the City of Kent jurisdiction, we feel that they have. . .the Kent Planning Department have the obligation to seek the advice and comments from agencies and associations that have the expertise and the knowledge of the resources of the land, again, I will refer to 15. 08.510 Subsection D1. By not doing so, the Planning Department has ignored the people's right to enjoy the _.. rich and beneficial resources here in the valley, i.e. the native wildlife to our area, the migratory animals that need and use the land for refuge. The guidance for preserving native habitat will be discussed further. And, I wish to submit these letters from the Department of Wildlife and the Department of Fisheries and it discussed with will happen when development occurs. VanDerbeek: How many letters are there? Studer: Two. VanDerbeek: All right, the letters will be marked as Exhibit 12A and 12B to this hearing. Studer: I 'm not an expert in ecology, so I requested the services 7 Hearing Examiner Verbatim Minutes Signature Pointe #SMA-88-4 of the Seattle and Rainier Audubon Societies along with the Sierra Club. They have provided invaluable information and they are here to testify on their own behalf. I would like to tell you about two more excursions just this last friday out on that point. It was midmorning so the big animals were not out. But by an untrained, casual observer we heard and saw a wide variety of birds of animals and we saw also what the effects of man can do to the environment. We saw squished weasels, a small snake tied in knot with a firecracker in its mouth. We observed garbage strewed along the pedestrian parkway along. . . .walkway along 516. We saw broken bottles, aluminum cans in the river along with the disregard of humans. Allowing this to be encouraged by further development to that area will . . .the habitat will be destroyed. We will loose the wildlife, native and migratory in the valley. This is not just an old meadow. . . it is a seasonal marsh and its the home for a wide variety of animals, birds and fishes. It is in an area that a casual observer may enjoy the environment and walk through and get in tough with nature all year long. The fact that in just a short period of time we were able to see such a wide variety of animals and birds shows the errors in the checklist and the need for more and thorough complete EIS. I would like to emphasize that we are not just concerned about the land and its inhabitants but also the human element. Of those who live in the valley, we see many problems with the Signature Pointe proposal, the mitigations and requests by the Planning Department. We have a difficult time seeing how contributing to a 272nd east/west corridor will lessen the traffic problem. . . flow on Meeker, 64th and West Valley Highway. We also feel that some of the mitigations were wrong. The mitigation listed for poor air quality as an auto emission standard and the completion of SR 516- -that will mitigate the adverse air quality impacts. I would like to enter into exhibit the 1986 air quality data summary along with the 1987 Puget Sound Air Pollution Quality Agency studies and resolutions for the Kent area which clearly showed that these measures were not enough and we have now reached a Federal nonattainment area and much more extreme measures will have to be taken to clean up our air. VanDerbeek: All right. The air quality documents will be marked as Exhibit 13 . Studer: The DEIS list adverse impact after adverse impact not only to our environment but to the human element; schools, sewers, water, garbage disposal, to the police and fire services and even the infrastructure of the City, the loss of wildlife and rich. . . loss of rich agricultural soils. Traffic problems and poor air are just a few. I ask you how many insignificant adverse 8 Hearing Examiner Verbatim Minutes Signature Pointe #SMA-88-4 impacts may make a significant adverse impact? There' s no mention about crime or mischief or vandalism that occurs when more and more developments are allowed in the area. And, you know, what about the living conditions for the people who may eventually live in that area. Smith Brothers' dairy has just least 100 acres of land across the land to spread manure from their dairy. Another neighbor across the river is bringing in their whole dairy herd. We mentioned that the odor can be very extensive. We mention that and other fields pertaining to only those who may live out on the site i.e. the necessity for a second road. on May 23 and 31st we questioned the wisdom of permitting just one access road that would handle pedestrian bicycle as well as motor vehicle traffic. We questioned the safety of a road so close to the river and down by the 516 foundation. This area is shaded by 516 as to leave the surface possibly icy and slick during the winter months. Children walking to school and motor vehicle traffic converging on a small limited space day after day seems a tragedy waiting to happen. It seems to many of us that 516 poses its own set of problems. During the winter cold, 516 is very icy and dangerous. The area above the access road being one of the worst. Take until late morning or early afternoon to thaw. It is that same area that minor as well as lots of minor accidents occurs. I asked the Planning Commission to consider the what ifs: a propane truck or some other dangerous cargo truck were to be involved in an accident on 516 above or near that one access road, how could the fire department safely and effectively evacuate the population ill that area in a short time. Mr. Harris stated that he assumed since the Fire Department was advised of this application it foresaw no real problems. So I contacted Assistant Fire Chief Marvin Berg, I posed several scenarios to him and asked why the Fire Department didn't also question the wisdom of just one very small access road and a very limited access to this portion of the project. Chief Berg was quick to assure me that some of my fears were unfounded that the Fire Department had been consulted and that codes were met. But I pressed him on several unusual but not rare situations. He too expressed concern and said that he would, again, review the application. Our next conversation occurred about a week later after he had reviewed the proposal . I asked him for his personal and professional opinions about the one access road. He stated that his personal and professional opinions two a access roads were need but since the Kent Fire Code does not require one, he could not require a second road. He said that the Fire Department could only state that they preferred a second road which is precisely what Lt. Webb did on June 15, 1988 . We believe that it is in the interest of public safety to require a second access road, not only for fire but also for the Police Department. That's my statement. 9 Hearing Examiner Verbatim Minutes Signature Pointe #SMA-88-4 VanDerbeek: All right. Thank you very much for your testimony. Studer: Would you like a copy of that, refer to? VanDerbeek: Well, sure, I 'm going to order verbatim minutes, I think anyway but I would certainly, if you have a copy of it I would certainly consider it. I don't ,think you need to mark it. Joe Miles? Joe Miles: Yes Madam Examiner. My name is Joe Miles, I 'm representing _ as spokesperson for the Seattle Audubon Society this evening. The society is a local, nonprofit environmental organization comprised of over 4 , 000 members. our organization follows environmental issues throughout King County and of particular concern is the rapid development of the Green River Valley and the City of Kent. I would like to submit a letter as an exhibit, this letter is from the president of the Seattle Audubon Society in regards to the proposed Signature Pointe apartments. VanDerbeek: All right. That will be marked as Exhibit 14 to this hearing. Miles: I would like to briefly touch on a few points that are included in the letter. In review of the City's Comprehensive Plan, showing that this site was designated as an Open Space/Trail at one time at that the Green River Corridor Plan shows it as a site for a future park and that the site was also eligible under the King County Agricultural Preservation Program, the environmental community and the general public must question how the City determined the most suitable use of the property to be a multifamily apartment complex. The second point included in the letter is that members of the Seattle Audubon Society visited this site and observed a variety of wildlife species including Northern Harriers and Barn Owls. Local residents have reported nesting Hawks and feeding Eagles and certainly the success of the wildlife is dependant not only upon the habitat that' s provided by the shoreline and the field but the isolated nature of the area. The project would not only eliminate the majority of the habitat but would force human intrusion into the remaining habitat. Yet, neither the original EIS in 1981 or the addendum in 1988 included an on-site study or inventory of the existing wildlife. The City Audubon Society feels that a new EIS which specifically includes an inventory of existing wildlife species and habitat be prepared for this project and submitted for public review. The third and last point that we would like to briefly mention is the mitigation 10 Hearing Examiner Verbatim Minutes Signature Pointe WSMA-88-4 impacts may make a significant adverse impact? There' s no mention about crime or mischief or vandalism that occurs when more and ,. more developments are allowed in the area. And, you know, what about the living conditions for the people who may eventually live in that area. Smith Brothers' dairy has just least 100 acres of land across the land to spread manure from their dairy. Another neighbor across the river is bringing in their whole dairy herd. We mentioned that the odor can be very extensive. We mention that and other fields pertaining to only those who may live out on the site i.e. the necessity for a second road. On May 23 and 31st we questioned the wisdom of permitting just one access road that would handle pedestrian bicycle as well as motor vehicle traffic. We questioned the safety of a road so close to the river and down by the 516 foundation. This area is shaded by 516 as to leave the surface possibly icy and slick during the winter months. Children walking to school and motor vehicle traffic converging on a small limited space day after day seems a tragedy waiting to happen. It seems to many of us that 516 poses its own set of problems. During the winter cold, 516 is very icy and dangerous. The area above the access road being one of the worst. Take until late morning or early afternoon to thaw. It is that same area that minor as well as lots of minor accidents occurs. I asked the Planning Commission to consider the what ifs: a propane truck or some other dangerous cargo truck were to be involved in an accident on 516 above or near that one access road, how could the fire department safely and effectively evacuate the population in that area in a short time. Mr. Harris stated that he assumed since the Fire Department was advised of this application it foresaw no real problems. So I contacted Assistant Fire Chief Marvin Berg, I posed several scenarios to him and asked why the Fire Department didn't also question the wisdom of just one very small access road and a very limited access to this portion of the project. Chief Berg was quick to assure me that some of my fears were unfounded that the Fire Department had been consulted and that codes were met. But I pressed him on several unusual but not rare situations. He too expressed concern and said that he would, again, review the application. Our next conversation occurred about a week later after he had reviewed the proposal. I asked him for his personal and professional opinions about the one access road. He stated that his personal and professional opinions two a access roads were need but since the Kent Fire Code does not require one, he could not require a second road. He said that the Fire Department could only state that they preferred a second road which is precisely what Lt. Webb did on June 15, 1988 . We believe that it is in the interest of public safety to require a second access road, not only for fire but also for the Police Department. That's my statement. 9 ,., Hearing Examiner Verbatim Minutes Signature Pointe #SMA-88-4 measures for the wildlife, mitigation measures for wildlife presented in the decision document dated May 18, 1988 are less than adequate. Seattle Audubon has reviewed the project and feels that alternative designs that could partially if not entirely protect portions of the wildlife habitat on the area. A possible suggestion would be to transfer the entire density of the project to the north of SR 516 by increasing the height of the buildings, this would allow the development not only to obtain the same number of units and reduce the construction cost of the project but allow for the designation of the area south of SR 516 as permanent open space. Finally, I would like to thank you for the opportunity to comment on this and we will appreciate your considerations of these issues in your decision. Thank you. VanDerbeek: Thank you for your testimony, sir. Craig Moran or Morgan? Craig Moran: Madam Hearing Examiner my name is Craig Moran and I 'm the conservation chairman for the Rainier Audubon Society. I have been requested to appear at this hearing on behalf of the concerned residents of the Kent/Auburn valley in regard to the Good News Bay Development. VanDerbeek: All right. Could you state your address for the record, please? Moran: 21804 SE 266th Place, Maple Valley. VanDerbeek: All right. Moran: It has been my experience with being involved with the environmental wildlife education for past eight years that in reviewing this environmental impact study regarding this area, it is less than adequate. What this EIS fails to address, as the name implies, how this proposed development will impact the environment and to what degree. There is some mention of birds and mammals that "quite" inhabit the area. However, the study does not give numbers of population and their density of either flora or fauna. If you do not know specifically what kind of -.. plants and animals are within a study area, you cannot know the degree of impact on those populations that development would incur. For the general observer it would be simple to stand SR 516 for a few hours and be able to observe a variety of birds. However, there is little certainty that he or she could determine what kind of plants and animals are there or in what or what is the animal or plant population density and why is this important. The importance of this information is to determine the degree of 11 Hearing Examiner Verbatim Minutes Signature Pointe #SMA-88-4 displacement developing the area would have on this population. Since a variety of raptors have been observed in the area such as the Great Horn and Barned Owls, Redtailed Hawks, Marsh Hawks in addition to Bald Eagles being observed fishing from the Green Rivers. For those raptors that prey heavily on the rodent population, it is evident that the lose of this habitat would adversely affect their food source. When the food source dwindles, so do the animal populations that depend on that food source. Nest sites also are no longer available, further reducing animal populations. Contrary to popular myths, raptors are very beneficial to man in that they are part of the check and balance for rodent population. On my personal survey of the land, I observed a variety of animals to include Belted Kingfishers, Barn Swallows, Yellow Throats, Cedar Waxwings, a pair of Marsh Hawks, Redtail Hawks, Starlings, Robins, Crows, American Goldfinch and House Sparrows. Other avian species observed by local residents have been Barn and Greathorn Owls, Redtail Hawks, Marsh Hawks, Bald Eagles, Great Blue Herons, Sandpipers, Quail , Rednecked Pheasants. These can be seen by the simple observer. The question is in what numbers do they exist, how dependant are they on the land in question for both food and nest sites or material. The land also demonstrates areas that exhibit seasonal marsh land characteristics. Areas of very sparse vegetation with top soil consisting of silty runoff from the surrounding slopes of the riverbank. This season the marshland roots support a variety of waterfowl using it on both north and south migratory routes. By developing this area you have contributed to the already rapidly shrinking marsh lands existing in the Kent/Auburn valley. In addition to the displacement of the existing wildlife that would occur if development proceeded, just as importantly, if not more, the proposed land use would adversely affect the remaining wildlife. ' At this time I would like to read into the record a letter from Fred H. Maybe, Habitat Management Division of the Wildlife, Department of Wildlife. The letter is dated June 30, 1988 directed towards: Dear Mr. Harris: This is to inform you that our concerns and recommendations for residential development in this area are even stronger than we expressed in our letter of March 16, 1981. More and more wetlands and . . . . VanDerbeek: Excuse me, the letter that you are reading has already been marked and admitted as Exhibit 12A, so you don't need to read it, it is part of the record. 12 Hearing Examiner Verbatim Minutes Signature Pointe #SMA-88-4 Moran: O.k. May I just quote one paragraph from this, if I may? VanDerbeek: Sure. Moran• . . . . ' "We recommend that a new environmental impact statement should be prepared for this proposal. A document which adequately and accurately reflects the adverse impacts of which is made available for normal public review as a necessity to the decision making process of the development of mitigating measures to reduce significant environmental impacts under the State Environmental Policy Act" . During my observation of Good News Bay, I observed an Eastern Mole and, I 'm sorry, weasel carcass, both of which had been run over by vehicles. But the most distressing of all was the small 13 to 14 inch garter snake that was tied into a knot about midbody section with a fire cracker inserted into its mouth. These were all found on the land in question. I don't think it necessary to describe further the snake' s condition suffice as to say destroying animal and plant life and habitat with no regard to the consequence is detriment enough but to demonstrate this blatant cruelty is beyond acceptability. We as a society don't need to allow this cruelty to humans when they. . . .when then is it allowed to animal populations. With multifamily dwellings north of the proposed site, apparently already amusing themselves at the expense of the wildlife, can you not envision the impact on both flora and fauna for the remaining wildlife. With the expectant increase in human population we can expect far greater cruelty toward fish, plants, birds and mammals. And, we as stewards of this plant should not and cannot allow this to continue of the cruelty and destruction. The City of Kent has a golden opportunity to demonstrate to the rest of the surrounding communities its concern for the environment. It is clear that with the ever increasing' population of western Washington there is a greater need to create and set aside open space or natural areas for the immediate if not surrounding communities. Habitat destruction is the number one cause of reduce flora and fauna population. If the City of Kent allows this development to continue at the rapid pace currently underway, it will adds its name to the ever increasing list of communities that are far more interested in the dollar value rather than setting a positive example to save remaining habitat. When you consider that usage of recreational areas nationwide have dramatically increased it is obvious that there is a need to maintain if not increase open space or natural areas. Ask 13 Hearing Examiner Verbatim Minutes Signature Pointe #SMA-88-4 yourself why this increase in recreation areas have come about, the population of the United States has not increased dramatically and the availability of the automobile. What has increased is the interest of the national population to observe wildlife in its natural condition. More people visit zoos nationwide than all sport events combined. Yet the dollars spent on sports events, arenas and stadiums far out spend the dollars spent in zoos. This simple statistic clearly demonstrates that there is a greater interest in wildlife. However, it is evident that the developers fail to recognize the importance of wildlife habitat and how interdependent man is in his environment. And, I ask let us as Washington residents not be put in a position where wildlife is only available in zoos or hundreds of miles away. The City of Kent should embark on a road to sincere environmental awareness if only they stop to consider the environmental impact this rapid increase of development would have the habitat and wildlife under their jurisdiction. A simple stroke of the pen would send the message, the City of Kent will either opt for further environmental destruction and disregard the wishes of its citizens or it will just continue this ever increasing habit of destruction and take stock in the future for generations to come. I thank you very much. VanDerbeek: Thank you for your comments. Tom Miskell? Tom Miskell: Good evening, my name is Thomas Miskell. I live at 25175 Frager Road in Kent. First, I would like to set the record say on the length of the road from the southern tip of the bridge to SR 516, we were told that it was around 800 feet at the last meeting. VanDerbeek: Right. Miskell: O.k. Lined in blue is our land and from the north to the south boundary, running parallel to the City limits its 1, 480 feet and you can see the proposed Signature' Pointe in green. Another point that I would like to mention is the fact that there is only one exit and entrance. One access is serious. It is noted in red under 516. I believe one access would be o.k. if you were building homes but apartments I really don't think so. I would like to show a video of the property and expand at the end of the video on the parking situations. I though running a video camera was like water skiing, I thought, you know, nothing to it, but since this is my first video bear with me, it' s pretty incredible. VanDerbeek: You have a lot of sky. 14 Hearing Examiner Verbatim Minutes Signature Pointe #SMA-88-4 Miskell: You know it looks like I fell out of the car once and a •. few things. There' s no volume because if you do have volume, I 'm sure there would be words taken in offense, you know, like. O.k. the video is starting looking toward the West Valley Highway, swinging to the north; this is the north side of SR 516, I am starting at the top of the freeway as you can see the Riverwood development; that 's looking due north; now this is looking over towards the river and an old oak tree and there's the bicycle trail. That is not complete yet but will be. And there on the other side of the river you can see the slaughter house that was burned down and one other building which is still standing. And, here's where we fell down the hill. O.k. this is on 516 heading towards the West Valley from Meeker Street looking out over the land to the south of 516 it is, as you can see, agricultural. I think that is one thing you asked the Planning Commission if they knew what the land was zoned and the land in this area is all zoned agricultural by King County. As past chairman for the Land Preservation Committee for King County we have every bit of this land in land preservation all the way down to 272nd. You can see there' s nurseries and right at this point is where they are going to have 100 head of cattle. They are putting in a dairy. Property had been owned by the Neff family for years. This is looking at signature point. You can see we don't have a clear view of the mountain. This is on the other side of the 516 bridge over the Green River, would be on the West Valley side, the Green, and that's looking to the south of Signature Point, looking out over the vast area of Green Belt. Now's here where I would like to point out that there is another access area. At that point right there, that section is right about here looking out towards the access. As you can see on this view foil that I do have marked where there ' s a City road. VanDerbeek: Is that along the "river? Miskell: Yes, Mam'm, it is on the river, along the river. VanDerbeek: All right. Miskell: O.k. , now, this is also continuing along 516 looking at that access that I mentioned. O.k. , now, this next portion, now this is two small compact cars underneath the bridge at the one access. Now my real concern is, I wish I could have got a couple of motor homes parked next to each other and then tried to explain how we would've ever had access for a bike trail also. This is looking on the public street on. . .up against Riverwood. Now, one of my main concerns, I understand there 's not going to be any 15 Hearing Examiner Verbatim Minutes Signature Pointe #SMA-88-4 motor home or RV parking in this development. Now, these RV's are parking out on public streets because the RV parking available at Riverwood is completely full . There's not any public streets on this peninsula. . .that's the end of the video, thank you. There are not any public streets in this and I know you are concerned about the fire lanes. So, I am kind of wondering where's everyone is going to be parking with a 1. 8 allotment per unit for parking. I don't expect to correct Ordinance #1554 which was approved December 3 , 1968 . But, I would like to quote one small portion: Whereas it is found that said original zoning is in the best interest of the health, welfare and morals of the citizens of the City of Kent and is consistent with the Comprehensive Plan and of the City of Kent and consistent with good planning. I would like to show the Comprehensive Plan. As you can see the section in blue is Signature Point. You can see where the County has the big A' s and over here that is all in agricultural preservation down to 272nd. You can see where the 516 bridge runs through there and you can also see where it was originally open space. As you can see on the Comprehensive Plan, it shows open space and with the King County land preservation in the County, has purchased the development rights for all the land with the letter A in the County. We are sorry that this piece of property wasn't in the County and the Kent Planning Department didn't continue to recommend an open space area as beautiful as this one. I would like to quote from a meeting from December 6, 1972 from the Planning Commission: Commissioner Land asked if there was any disagreement with an MRM zoning stopping at the south side of SR 516. Now, this was in 1972 . Mr. Hutchins stated that he feels this is where it should stop. This is a natural buffer. I realize that the developer is going to help finance the light at Meeker Street and 64th and I think I did hear something about the one at James and 64th. Now that Meeker Street is complete with one lane in each direction are they going to be willing to help finance widening that road and also are they going to help finance widening Meeker bridge? I hope I have given you a few reasons why this development or any other development shouldn't be built at 16 Hearing Examiner Verbatim Minutes Signature Pointe #SMA-88-4 this gateway to the City of Kent. And, if the City government allows this to go on, at least make this builder build per the law ,... and no variances should even be considered. Thank you. VanDerbeek: Thank you for your testimony. Diana Miskell? Miskell: Could I mention one more thing. I would like to also leave as an exhibit a letter from the City of Kent from Dan Kelleher, the Mayor, and this is dated June 27 , 1988 and just a comment from it: We appreciate your valuable input on the issue of multiple family development. Your comments and support have enable the Kent City Council to make good decisions on what help/shape our community to make a better living environment for its citizens. And that was when they reduced development 20 percent for apartments. VanDerbeek: Who's the letter to? Miskell: It's to me. VanDerbeek: All right. Thank' s you for your testimony. Do you want to submit that as an exhibit? I 'll consider the letter as Exhibit 14 . Do you want to mark the video as Exhibit 15. Diana Miskell? Diana Miskell: Hi, my name is Diana Miskell. I live at 25175 Frager .Road in Kent. And my concern is the impact on schools. Three new schools were opened in 9 of 187 and they opened over capacity and since September 187 new enrollments were between 100 and 150 more students. Portables, that are. . .portables in use, they added three according to the paper, June 16, 1988, they've added three new portables for next year and this doesn't even consider the over capacity of the libraries, the restrooms or cafeterias. And, the portables that were moved from schools were basically, some of them were being used for band or music, which by moving them, they will not longer have a place even for that and they will have to find a new place if not discontinue. Too, I 've been told that there are 10, 100 planned housing units either in the planning stage or the building stage at this time which will feed into the Kent schools. I 'm also told that a new school should be built or opened in this area in or about 1990 or 191 housing 600 students. To my knowledge this will replace O'Brien Elementary which Signature Pointe as well as Lake Fenwick 17 Hearing Examiner Verbatim Minutes Signature Pointe #SMA-88-4 apartments and also the Lakes will feed into. According to the DEIS on page 418 , Signature Pointe says that there will be 72 students coming from these apartments. According to the school district they are expecting 161 elementary school students, 40 junior high school students and 35 high school students. This past year. . . VanDerbeek: I 'm sorry, how many high school students? D. Miskell: Thirty-five. VanDerbeek: All right. D. Miskell: O.k. This past year, O'Brien, they have a capacity of 328 students. They averaged 345 students. So with, not including the Lakes, when they are finished or Lake Fenwick when they are filled that will put approximately 506 students into O' Brien or into the new school with the others. This school will also open over capacity. At the rate of growth, Kent School District is afraid that the taxpayers are going to decide to start saying no to the bonds as far as building new schools. The bussing situation, as you saw in the video, the entrance and access. There will be no buses that will go back into that complex. All students will be walking out to Meeker, they will catch. . .at present they are catching the bus on the south side, let's see, the south side going east. The pick-up area is 64th Street and Meeker. With a light there, the buses will definitely impede traffic, if the bus is continue to stop there and at this point it is. They recommend that a bus turn-out be designated and built to accommodate the students because the students from Riverwood will also get on at the same stop. And, the road width, it has to be wide enough for a special aide or wheelchair bus in case one would need to be used in this complex. Also, in the growth of the Kent Schools, according to an article in the Kent News Journal, about 150 more students than projected signed up for kindergarten for the next fall which shows how the growth is going. Kent elementary school enrollment grew more in the past two years than it has in previous 15 years combined. Total enrollment in the district grew 1, 203 students in the past two years to an official October 1, total of 18 , 468 . The portable which were moved, there were 11 portable classrooms which were moved and those elementary schools which received those portables were Jenkins Creek which is one of the new schools opened in September. Lake Youngs received two, Martin Sortom received two, Martin Sortom is also a brand-new school which opened in September. Meridian, Panther Lake, Pine Tree, Spring Glenn, Springbrook and Ridgewood also received portables. So, I admit 18 Hearing Examiner Verbatim Minutes Signature Pointe #SMA-88-4 that some schools lost some but those schools. . . it also states here that if a school had a portable just for the band class they will just have to find somewhere else to have band and if they can't. . . in my opinion, if they can't find someone else to have these classes that. . .eventually they will just be forgotten and my. . .and that is my concern with the school, really, hard. Thank you. VanDerbeek: All right. Thank you for your testimony. I have a couple of questions concerning your testimony, if you don't mind. The figures that you gave me for the anticipated number of students to be generated by the developer. How did you get those _. figures? D. Miskell: I spoke with Fred High in the Finance Department and also a lady--her first name was Donna, I don't know what her last name was. VanDerbeek: So, you spoke with people at the school district. D. Miskell: Yes, I did. VanDerbeek: O.k. And, what about what you told me about the buses, who. . . D. Miskell: O.k. I talked with Transportation. VanDerbeek: With the Transportation Department. _. D. Miskell: Yes. VanDerbeek: So they assume that all the school children will walk down this, however long, access road to the end? Miskell: They will have to catch the bus on Meeker. VanDerbeek: So probably at least 200 students on any one day, is that your understanding, from high schools to. . . ",. Miskell: From Signature Pointe, that. . .at the bus stops will include the students from Riverwood. VanDerbeek: All right. Thank you very much for your testimony. Joseph Slepski? Joseph Slepski: Good evening, my name is Joe Slepski. I live at 22028 SE 270th, Maple Valley. I represent the South King County 19 Hearing Examiner Verbatim Minutes Signature Pointe #SMA-88-4 of the Northwest Steel Head and Salmon Council, Ltd. The national direction of our organization is to the dedication and enhancement of the cold water resources. Our Chapter. . .project is the Green River and we have been around and involved in Green River issues for at least 19 years. Our (unclear) starting a project in Icy Creek that ended up in a large fisheries rearing facility. A rearing facility that we manage on, from the Geyser Park and numerous cooperative project with Departments of Wildlife, Fisheries, Parks, U.S. Forest Service and the Muckleshoot Indian Tribe. The Green River we see is a very unique resource. The affects. . . it " affects our quality of life, our economic and the water quality in Puget Sound. In the Green River there's wild fish that spawn in the river and this is a statement that we feel about the people and the residents of Washington and King County and in the City of Kent. We are not. . .don't feel that whatever involved, that we want to be like areas. . . . like Los Angeles who accept cement troughs for rivers where steel head once spawned and reared or the people on the East Coast through their previous ignorance must now accept dead streams that once support Atlantic salmon. The Green River is also nationally recognized through the U.S./Canada Treaty as an indicator stream. This means that our commitment through the U.S./Canada treaty to enhancement and preservation of that resource affects the management of all salmon resources along the west coast. Recently, if you remember, we got a fish kill on the lower Green. That subject came up in the U.S./Canada treaty negotiations and effective management. . .the catch management of those resources in the Pacific. So we are very closely watched in what we do along the Green River system. Our Chapter' s involvement has been, historically, of stream enhancement and putting more fish in the river. We 've determined that because of development and because of growth we cannot limit ourselves to those kind of activities and because of that I 've personally become involved in the Puget Sound. . . In nonpoint pollution activity through the Green River Early Action Watershed and the South King County Groundwater Advisory Committee. Involvement in these areas has enlightened me greatly. It definitely shows that the out of river functions drastically impact the Green River system. The Green River. . .King County values the Green River fisheries at $19 million annually. The cumulative impacts of development such as these adds up. You know, each one is claimed to be small impact but, and—and, cumulative impacts of developments as these especially adjacent to rivers are those that affect the river resource the most. Service water management by covering up land as we are doing currently in 20 Hearing Examiner Verbatim Minutes Signature Pointe #SMA-88-4 the Kent Valley very much affects flows in the river and groundwater and thus, water quality. Groundwater is the major contributor to flows in the river. Also, by adding more impervious surfaces we increase winter high flows and decrease summer flows. Those are direct. . .the people recalls—the public recalls these studies are direct impacts to the capability of the ' river to support fish runs. In the development here there is a noted high water mark. Because of developments going on throughout King County, that high water mark will not be same two years from now as it is currently. I think FEMA has even noted that in requirements for additional diking and modifications in flood control planning and insurance rates. I guess our major concerns are with the variance. . .on this particular project are the variances that are being considered. We see that these variances will add impacts. . .adverse impacts to the river through runoff, oil from roads and from cars, obviously lawns are going to be fertilized, there's supposed to be fill to make this area more buildable. All these things will contribute to runoff into the river and will definitely affect, we feel, water quality. There' s another issue as there 's a lot of agreements being levied being upon the builder to allow this development to continue and ongoing with our concerns is we've been through this process a few different times, like for different setbacks or (unclear) setbacks or whatever and over a period of time there's no mechanism to monitor compliance with those agreements. So that is a grave concern. Also, my involvement in these water quality issues have led me to the acceptance of regulations set forth by water quality and shoreline management standards Experts have put a lot of time and effort in to coming up these standards and these standards are minimum standards, o.k. , not suggested standards, but minimum standards and then for us to allow additional variances to these to us seems unacceptable. Another suggestion is, from our point of view, is in that area with the development we see some impact to rearing capacity of the river. We would like to see some mitigation considering for rearing capacity of salmon and steel -. head. . . that section of the river. Thank you for your consideration. VanDerbeek: Thank you for your testimony. Would staff turn off that fan. Is there some fan on? Oh, is that the air conditioning, leave it on. I thought it was the fan on the overhead projector. That ' s fine, we don't want to turn off the air conditioning. All right. All right. Larry Stougard, would you like to testify, sir? Larry Stougard: My name is Larry Stougard. I live at 1007 21 Hearing Examiner Verbatim Minutes Signature Pointe #SMA-88-4 Garfield Avenue in Kent. I ' ll keep my remarks brief but I want to address a specific part of this proposal that I 'm interested in and that is on page 8 of the Planning Department' s proposal here. . .staff report and which it states, "the developer proposes to construct a trail around the border of the property. " As a bicyclist, canoer, kayaker, I have interest obviously in this area. VanDerbeek: Something about you suggested to me that you might be interested in bicycling. Stougard: Traditionally the City of Kent had been slow to mature as far as constructing trails as compared to other municipalities. And, bicyclist and other recreationalist always seem to welcome any new trail proposal . I believe this trail proposal is basically offered to construct a trail at the Green that the King County is already proposing to do in the future. Along that area though, I do have some questions I would like to have answered. Basically that pertains to the trail. First of all if the developer builds the trail by what standards will the trail be constructed. Another question is who is responsible for maintenance. History has shown me that when the interurban trail was constructed, the maintenance became very poor to the point to where the trail became about three feet wide after growth of blackberry vines. And, trying to get response for maintenance, I could not get one agency to admit it was their responsibility. So I think that should be addressed. Also, I believe the proposal also said that they would provide public access to the river. I would like a definition of public access, does that mean that I can walk up and look at the river or could I launch a kayak or canoe. Also, I 'm different than most people as far as the use of trails. A trail system is basically recreational in use with few exceptions such as the Burke-Gilman and the Interurban which give you direct commuting lanes to work. Obviously, the trail that are proposed by the County that would go along this property is considerably longer than the public streets. ' I prefer to use my legal rights to riding on the road and so I would probably more likely riding on Meeker Street than on this trail for commuting purposes. I have not seen any addressing by the Planning Department on how my safety would be preserved with the increase in traffic. That's basically it. We enjoy trails and we would love to have them whenever we can get them but we would like these questions answered. VanDerbeek: All right, I ' ll direct staff to answer some of your questions during the rebuttal period. 22 Hearing Examiner Verbatim Minutes Signature Pointe #SMA-88-4 Stougard: O.k. Thank you. VanDerbeek: Thank you for your testimony. Tom Miller? Tom Miller: I 'm Tom Miller. I live at 26811 Military Road S. in Kent. I 'm here representing the Washington State Council of Tribe, Unlimited. I sat for a year-and-a-half on a Water Quality Committee here in the City of Kent by Mayor appointment and help draft a water quality ordinance. I also sat for little over a year on a storm drainage committee and help draft a storm drainage ordinance and the density that I see in this project, that close to the river doesn't meet criteria of either of those two ordinances let alone the Shoreline Management Act. I wished I had been aware of this problem a lot earlier in the process so I could have been more involved and better prepared this evening. Several of my concerns on behalf on Tribe Unlimited: 1) the setbacks, obviously. The variances that are being given in the setbacks on this totally unsatisfactory to Tribe Unlimited. The proposed access trail. along the river if the project is, in fact, built, in Tribe Unlimited's opinion at thease a portion of the setbacks would have to be retained because to mitigate the fisheries damage to the fertilizers and things of that nature that would come from a development like this and the additional runoff from the impervious surfaces and the soils from the parking lots, and so forth, would be a stepped dike whereby we reclaim some shallow water habitat that were lost when the river was originally channelized. If we gotta give then we want to take. The vegetation that is mentioned in the staff report as part of the mitigation that's going to create some shading and potential help for the fisheries resource. To my knowledge the Corps of Engineers has not changed their standard on that. We have been working with them for a number of years. King County has attempted to get a couple of vegetation test programs going to find a vegetation program for the dike system that the Corps of Engineers will approved. If this project has found a vegetation system for the dike that the Corps of Engineers have approved, I would like to know what it is because we've got another three miles of river we'd like to put it on. So, as far as I 'm concerns at this point time, that' s a pie in the sky. We request Madam Hearing Examiner that you deny the shoreline permit until a full EIS addressing the fisheries impacts for this reach of the river can be put together and presented in the public forum. Thank you. VanDerbeek: Thank you for your comments. Mary Williams? Mary Williams: I 'm Mary H. Williams. I live at 25331 68th Avenue S. , Kent, on the West Valley Highway. I 'm a long-time 23 Hearing Examiner Verbatim Minutes Signature Pointe #SMA-88-4 resident of the valley and I 'm just plan heartsick and very disturbed about what' s happened to us. No amount of meetings or pleading have seem to do much good. Way back with the Army Corps of Engineers when they stripped the river of all the brush, put shale rock in which was immediately poured out down into the sound. And, we begged them not to do these things but it did no _ good. I kept telling people that we can't eat money and we better leave Mother Nature alone. All of the fountains and all of the shrubbery and all the things that we can put in simply do not measure up to what we have had and I just wish that we would a way to having fewer people and more of the land used for wonderful food which we can produce out our way and, just forget all this other nonsense. Thank you. VanDerbeek: All right. Thank you for your testimony. Harold Porter? Harold Porter: I 'm, excuse me, Harold Porter. I live at 1420 W. Willis in Kent. There are a number of statements that are untrue in the Kent Planning staff report. Those untruths match the Signature Pointe presentation as incorrect statements or omissions that make the statements essentially untrue or at least misleading. Page 1, D, on zoning, the shoreline designation, the statement, surrounding zoning, about surrounding zoning fails to define the zoning to the east of the south section. I believe they should add that the zoning for the property to the east of the south section, over to the existing Holly Road off of West Valley Highway is MRM. The public is being mislead by statements that fail to recognize available MRM, yet to be developed, but available for development, land to the east that offers access to the east in addition to the proposed north entrance. The State, the County, the City and the property owners have never agreed that SR 516 underpass was or is to be the only access to this property. The property owner bought land north of SR 516 highway to connect to that underpass as the cheapest way to gain access while the MRM land has been right along. The property owner chose to buy that land fully aware of the risks involved in this development and need for the shoreline variances to develop it. Reference to page 8, the Area History. The statement about the bike trail is correct as far as it goes. But by omission the public is again mislead. The existing County-owned ten-foot wide bike path route parallel to State Route 516 is ignored. The river edge bike path in these plans deadends at the Porter property line on the dike. There will be no connection to the upriver end of the path. This will become a public issue when the property is developed and goes from the plan to reality. The City Planning Department has been fully aware of this discrepancy yet has 24 Hearing Examiner Verbatim Minutes Signature Pointe WSMA-88-4 directed the developer into this dilemma. A suggest solution is to require the developer to make the bike path across the northern _.. border of their property to connect to the County-owned east/west segment parallel to State Route 516. To require the developer to erect a barrier gate that is adequately secure and signed to prevent passage over the Porter property to the east and leave the deadend as a monument to the lack of foresight by the City of Kent. Trespass will be met by many calls for our local Police Department and court appearances to protect my property. In regard to page 10, Planning Department review, paragraph G, the statement that the SR 516 underpass or easement provides the only access is untrue. A look at the maps shows that just saying it does not make it so. Flat level MRM zoned land exists to the east of the City street. It should be rewritten. The owner bought that south section fully aware of that land and that the underpass may not be the only access if the City were to require it to have two. Maybe the easterly access should only be the only access to the south property that would relieve the traffic problem. The platting review, paragraph H, the statement that the Green River -.. confined the southern parcel is just not whole truth. That River does not touch the south side of State Route 516 except at the bridge underpass on the west side. Once again, failure to describe the MRM zoned land on the northeast line is misleading and intended to justify approval of the only access they want to develop. The City is a part to this misleading the public and should be required to correct. Planning review, Item J, statements about the bike path are here misleading in that they only speak to connection to the north bike path, the downriver lake. It fails to mention any connection to the upriver trail. I believe that information was intentional since there is no connection at all, as planned, under this Signature Pointe proposal. Deadending the bike path should be a planned, stated condition or change the plan to actually connect should be condition required. In general, I speak to the next item, it' s about open space and loss of wildlife. Nothing is being required or planned to mitigate the loss of wildlife and habitat. The 14 chinese pheasant clutches including a 28 adults and an estimated 60 chicks will be forced out and will die. I 've personally counted them three or four times in the past two weeks. Open space is not short clipped grass, it is not people space, it is not agriculture use, it is for animals and birds and will not exist here. The rabbits, quail, pheasant, raccoons, skunks and all will die. The next item is having to do with a single street access and public safety. The variance should be granted allowing the underpass but we should not allow them to have only a single 25 Hearing Examiner Verbatim Minutes Signature Pointe #SMA-88-4 access street. If we had the other access street we could have through bus service for the schools and alleviate that problem. On the matter of on-site parking, while this issue was raised by the Examiner at the previous meeting and I agreed that the plan leaves parking an unresolved issue that must be addressed. In summary, as an adjacent MRM property owner, I wish to state that I am for the project. It makes sense to put housing here where the City has invited all this business and all these jobs. I do expect approval of this project but I hope we do it right. If we approve building within the 200 foot setback, my property will, by this precedent, be also to have more units per acre and be of higher value. If the street is not now required to the east, don't ask me to connect the street to Signature Pointe in the future, require it of them now or don't try to fix the problem at my expense later. Thank you. VanDerbeek: Thank you for your testimony. All right. M. J. Patoc? M. J. Patoc: Good evening. My name is M. J. Patoc. I live at 25575 West Valley Highway, Kent and I have questions on the final EIS statement from ER Tech Corporation, its dated May 26, 1981, and I just wanted to bring out some points from the following letters: One, on page 10, of the EIS is the letter from the City of Renton, addressed to James Harris, Director, Kent Planning Department, and there's an excerpt here in the letter which I which to state, it says: The Greenriver Condominium project, as proposed, appears to be in conflict with the River of Green Report and the City of Kent Green River Corridor Plan. There' s another letter here, on page 14 , and this letter is from the Department of Planning and Community Development and it' s addressed to J. R. Edmondson, Budget and Program Development, Item 31 it says: This statement totally shirks the questions of nuisance, complaints against farm practices and odors. Such complaints and even lawsuits can most definitely can be expected from. . .to emanate from this type of high density, nonrural residential community. There's another item here, on page 16, from the Division of Planning, it says: 26 Hearing Examiner Verbatim Minutes Signature Pointe #SMA-88-4 We have reviewed the subject DIS, DEIS, excuse me, and feel it raises a number of significant issues that need to be discussed and resolved prior to the City taking further action on the proposal. and then they list a number of things which I won't go through because I 'm sure you have a copy of this. On page 25, there' s a letter from the Department of Ecology, under Item 1, it says: The list of licenses and authorizations to the induction, introduction, excuse me, does not list all the permits required for the proposed project. All required permits should be listed included a flood control permit from the Department of Ecology. I have one last item here, and on page 33 , from the Department of Army Corps of Engineers, it states in here to Mr. Harris: The proposal to develop the Greenriver Condominiums in Good News Bay is in direct conflict with Seattle District's flood damage reduction study with the Green River ;'alley. and the thing is, that I want to bring out, as a 1981 EIS, it seems that there' s a lot of things that, you know, been added on around to the area. This was before SR 516 was constructed and this was before a lot of the other neighboring developments have been constructed. And, as you can see with a lot of the speakers here concerned with the fish and wildlife and everything that maybe we should reconsider this EIS and put together a new one. I would like to commend, you know, all the people involved with doing this, you know, for our, you know the public benefit because I didn't think they would go through all this much trouble, you know, and it just amazes me and I 'm glad someone, you know, is doing something but I think a seven year old statement like this should be reconsider and maybe a new one put together. VanDerbeek: All right. Thank you for your testimony. Jerry -. Studer? Jerry Studer: O.k. My name is Walt Studer. I live at 25607 68th Avenue S . And, I would like to tell you what the intense development of the valley floor has caused to the people who live in this area. One is less time spent with our families because of traffic congestion and accidents in the area. I have to leave earlier and get home later, that hurts and at times I 've spent 15 27 Hearing Examiner Verbatim Minutes Signature Pointe #SMA-88-4 minute sitting in my driveway trying to get out into traffic and I live right on the West Valley. We have an increase in crime and vandalism and mischief in the area. Throwing rocks in the river, throwing firecrackers in the river over the Fourth of July, M180 's and M1001s. People blatantly throwing garbage out all over. All you have to do is drive around and look. We have dirtier air, we are getting into one of the areas where it's getting to be a hazardous health area. We have unsafe roads, they are doing something to try and correct it in front of our place but I don't know about the rest of the area. We' re running into a higher home and auto insurance because of the congestion in the area and the vandalism. Higher flood insurance because of what is being done to the river and method of controlling it. We have higher water bills, higher garbage bills due to the increase of population and having to pay to get rid of all this stuff. Buying more from other people who are taking it over. We also have a loss of the rural way and quality of life that we are now living. Now, where in all these documents that have been present is the adverse impact to us listed and who is responsible for guaranteeing our quality of life. According to the City's official statements, either an ordinance, policy or goals, it is the City' s responsibility but where are we given the slightest mention let alone the actual environment. According to Mr. Harris in a recent Kent News Journal article, there would be any hearings if this site were out of the 200 foot area of the river. The Planning Department' s policy of issuing DNS is in direct conflict of allowing the public to be heard. Written comments are allowed but as in the case of this development, it seemed to be ignored except where the law may be broken. Even then, has with the Muckleshoot Indians, they may ignore the important issues. Again, we must emphasize the need for a thorough, complete and accurate environmental impact statement made for today and tomorrow. Thank you. VanDerbeek: Thank you, for your testimony. Karen Johnson? Is Karen Johnson here? Michael Koons? Is Michael Koons here. Is there any other interested member of the public at this time who desires to give testimony, sir? (Voice): I have one thing that I neglected to do when I gave testimony--Tom Miller. VanDerbeek: All right. Miller: I have a letter here to James Harris from Walt Pachico, Fisheries Manager of the Muckleshoot Tribe dated June 23 , and I would like to enter this into the record. 28 Hearing Examiner Verbatim Minutes Signature Pointe #SMA-88-4 VanDerbeek: June 23 , 1988? Miller: Yes Ma'am. VanDerbeek: All right. The letter will be entered into the record and marked as exhibit 16, is that right. Any further public testimony, ma'am. Yes, certainly, so long as you are not repeating your previous testimony. Miskell: I 'm Dianna Miskell and it was brought up that if the second access was made that that would made an access for the bus to drive through. The buses will not drive through the complexes. This was what was told to me by Transportation. VanDerbeek: Do you know why? Miskell: No, they just don't. They are not guaranteed that they will have safe passage through due to cars and parking and such. VanDerbeek: All right. Thank you for your testimony. All right, I believe that I raised a question at the last hearing that I wanted to direct to. . . Is someone here from the Police Department? I wanted to ask a question to the representative of the Police Department please? Sir, if you could step to the microphone and identify yourself for the record. Sgt. Brian Jones: Hello, I 'm Sgt. Brian Jones, I 'm the supervisor for the traffic enforcement unit for the City of Kent Police Department. VanDerbeek: All right. Sgt. Jones perhaps I 've spent too much of my career prosecuting traffic offenses and sitting as a magistrate in Bellevue court hearing 95 traffic cases a day, I raise some concerns at the last hearing with respect to whether the Police Department sees any traffic enforcement problems specifically parking enforcement problems in this development. Jones: With any type of multiresidential apartment complex there is always the potential for traffic parking problems that exist. I don't see this one as any different from any of the others in the City. The majority of our problems deal with after 5 o'clock traffic arriving home from work, parking in unauthorized areas, though specific places being fire zones or fire lanes and handicapped parking areas. It always impacts us later in the evening when people who do come home cannot find parking places, park in those unauthorized areas and other folks who have to walk 29 Hearing Examiner Verbatim Minutes Signature Pointe #SMA-88-4 a ways to their apartment who park legally always call and complain about those unauthorized vehicles in those particular locations. That is one aspect that is a concern to us because it takes our manpower time away from other calls for service that we have to deal with. In addition to that, we also have concerns on this particular project of the second access. We would like to see one, however, in conjunction with the Fire Department, I don't believe it is mandated that that occur. We would like to see it primarily for emergency response by police vehicles and also any time we have access to an area, you know, more than one access it makes our job a lot easier with more effective service to the residents who reside in that complex. VanDerbeek: Typically, when persons park in unauthorized areas do you typically ticket or impound these vehicles? Jones: We have a policy that we do not like to impound a vehicles out of those particular areas. However, if they adequately marked by law and a lot of times we have no choice, you know, but to impound them. A lot of time tickets will suffice if we can locate the registered owner of the vehicle however, with apartment complexes it is very difficult at times to do that. They don't normally have their apartment number or telephone number readily accessible to us. VanDerbeek: Typically, the Police Department is going to impound a vehicle that was parked in an unauthorized area, how much time would that take an officer to perform an impound. Jones: A minimum of 30 minutes for impound. VanDerbeek: Do you have any other comments on this development from the perspective of the Police Department, Sgt. Jones: No mam'm. VanDerbeek: All right. Thank you very much for your testimony. Jones• Thank you. VanDerbeek: At this time I will hear the rebuttal testimony from the City of Kent Planning staff. There were several questions asked by various citizens which the staff could perhaps answer and then give any rebuttal comments that you wish to make. Hudson: I 'm Libby Hudson with Kent Planning staff and, first of all I would like to address some of the concerns you had at the 30 Hearing Examiner Verbatim Minutes Signature Pointe #SMA-88-4 last hearing that you brought up. I apologize for not having the EIS and DNS in your file. However, the site plan and the letters that were addressed to myself have not been received by the Planning Department until after the hearing of last. . .of June 15. Another revised plan has also been received the 28th of last week and it is up here. There's just some slight changes, three clusters of buildings, the buildings have been turned. VanDerbeek: Which buildings. Hudson: These buildings, can you see this, these buildings here are turned this way now. VanDerbeek: Oh, I see. Hudson: And these buildings here and I believe, here. We have received a letter of voluntary condition that the applicant would like to alleviate some parking problems that may be created because they are provided garages, there is a tendency we found in --• other developments that garages have been used for storage and not for parking of vehicles. So, the developer is agreeing that within all the rental agreements signed, that the garages will be used for vehicles and not for storage. VanDerbeek: So, who 's going to go look in the garages and see whether there 's cars in there or boxes. But, who could go look in there, garages don't usually have windows. So who is going around and enforce that. Hudson: Well, it's just a precaution. . .a standard to cover that. Sometimes the garages are open and if you are driving through there and there's a parking problem and we could check with the manager and make sure that they are enforcing the rental agreement. VanDerbeek: All right. Hudson: We also have received the cultural study that has been conducted on this site. At that just received today. That's a SEPA condition so we haven't had time to review that. VanDerbeek: All right, the letter with respect to the voluntary condition will be marked as Exhibit 17 to this hearing. Hudson: Let me move on to the public testimony and some responses to some of the public. First of all I would like to clarify that this is a substantial use development permit and not a variance. 31 Hearing Examiner Verbatim Minutes Signature Pointe #SMA-88-4 The variance has gone through the Planning Commission was only for access road underneath the SR 516 bridge and that is the only variance that the applicant is requesting. They are meeting the setback requirements as proscribed in the shoreline regulations. That seems to be a misunderstanding by several of the public that has testified here. Let me also clarify a little bit about the history of the site. This portion of the site was annexed. . .well the whole area was annexed in 1968 and the initial zoning of this southern portion was R3 which at that time was low density multifamily. The zoning for that property was changed to the current MRM zoning medium density multifamily with adoption of the Zoning Code in 1973 . Now, the property to the north was initially zoned, this section right here, was initially zoned C3 , General Commercial. With the adoption of the Zoning Code in 1973 that was changed to RA, Residential Agriculture and then April of 1988 that was rezoned to the MRM zone which it is now after the conditions were meet. The site has never been in the farmland preservation program and it was not targeted for preservation primarily because it has always been zoned multifamily and it is serviced by Meeker Street. The farmland preservation program within the City has been the area to the south of the river where its within the City and to the west, those areas were targeted for purchase of development rights with the County farmland program. The area south here, this is the City boundary that runs along the river, this is all in the County zoned agricultural, A, and most of the development rights have been purchased, all of them that run along the river here and border the river directly across from the project, so those all are preserved as farmland and their development rights have been purchased and they won't be developed. The Open Space designation on the Comprehensive Plan seems to be another thing that ' s misunderstood by several people. This doesn't designate an open space/trail for the project. This is basically a vacant piece of land as it stands now because its zoned multifamily and hasn't been used for agriculture in many years. The designation for open space is on the Comprehensive Plan Map and we look at, to guide growth in the City, we look at not only the Comprehensive Plan Map but also the Comprehensive Plan goals and policies. And, within that goals and policies of the Open Space designation specifies preserving buffers between developments along the Green River. It does not preclude development of apartments in the goals and policies of the Comprehensive Plan along the river. But, to actually have the design be fitting within the rural setting of the river and also provide buffers between the river and the development. 32 Hearing Examiner Verbatim Minutes Signature Pointe #SMA-88-4 Regarding the. . . VanDerbeek: But, just a minute, when was the Comprehensive Plan Map designation designated that the subject site is Open Space? When was that designation made? Hudson: The generalized Comprehensive Plan, I believe, was adopted in 1972 and believe it was Open Space at that time. Jim Hansen could speak to that. It' s not the entire site that' s designated. Let me show you. This is the property here and the Open Space designation was here and multifamily . . . . VanDerbeek: Well, is it designated Open Space south of State Route 516? I mean. . . Hudson: Yes, this just shows the proposed state route but goes right through here. The southern portion shows multifamily designation and then beyond that is Open Space designation. Is this in your way. VanDerbeek: Well, no. Hudson: Did you have any other questions on the Comprehensive Plan? VanDerbeek: Well, on the Comprehensive Plan Map, the Open Space designation has not changed on the site ever since the Comprehensive Plan Map was first adopted, is that correct. Hudson: I believe so. VanDerbeek: In other words, through the Valley Floor Plan and the Green River Corridor and all those studies, it never changed. Hudson: No. One thing that did change, originally this area was designated on the shoreline regulations as Conservancy and the Council made some changes in the shoreline program and also changed that to Urban in 1980. But as far as the Open Space designation I believe that's always been. VanDerbeek: So it was changed from Conservancy to Urban, when 1980? Hudson• Yes. VanDerbeek: How many multiple family zoned parcels in the City are designated Open Space on the map? 33 Hearing Examiner Verbatim Minutes Signature Pointe #SMA-88-4 Hudson: That are zoned for multifamily? VanDerbeek: Right. I mean it seems to me somewhat unusual that its zoned for multifamily uses but designated Open Space on the Plan Map. I don't expect you to answer that question right now. I am interested in your response to that at some point later. Hudson: O.k. There are several areas within the City that the multifamily zoning is along the river and it goes up to the river's edge and the open space, if you look on the Comprehensive Plan, it generally follows the river. VanDerbeek: All right. Hudson: There were several questions that dealt with draft EIS and the final EIS. These were done for the original project in 1981, Greenriver Condominium project. This was looked at during the SEPA process and an addendum was added. All the EIS was reviewed by the Planning staff and each of the conditions that were originally applied, the EIS itself were looked at and reviewed and the addendum expanded the EIS and brought it up to date and added several conditions. And, you have a copy of that addendum in your file. As far as the SEPA process itself, the DNS was issued May 20 and the process for SEPA, there is a 15 day comment period which end June 4 and after that there is a 10-day appeal period which ended June 14 . The City did not receive any written request for appeal. Grace Studer stated that she came to the Planning Department and looked at the Signature Point file and there wasn't. . .the EIS wasn't in there. I 'm not sure she looked at the Signature Pointe variance file or shoreline. . . substantial shoreline permit file. There was a copy of the DNS in both of those files. The EIS and draft EIS were not in the file. They were part of the SEPA file so if she didn't request the SEPA file she would not have seen that. VanDerbeek: Well, what efforts does the City make to notify citizens that there might be multiple files on one project? Hudson: Well, I 'm sure if she came to the counter, the DNS was in the file and if she looked at that. It depends on what kind of questions of that. The person helping her would explain that its either been through the SEPA process or its in it or something like that. We generally give them an update on where the project is at the time. VanDerbeek: What about the testimony that the Muckleshoot Tribe 34 Hearing Examiner Verbatim Minutes Signature Pointe #SMA-88-4 was not notified of the issuance of the DNS and that certain other, I believe it was some fisheries groups weren't notified, do you have any response to that. Hudson: Well, the way the project is proposed none of the runoff will be directed into the Green River, it will all be directed into the City storm water system and the Muckleshoots have to my knowledge never been notified on anything. They have not come to the City and requested to be notified on any development in the City. They sent a letter after the comment period and appeal period for the SEPA process had ended and basically their letter states that they request to be notified of on any development that happens along the Green River. Fisheries were not notified because there' s no direct impact to the Green River itself, I believe. But the SEPA questions can be better answered with. . .Lin Ball is our SEPA person, she's on vacation. She dealt with the project in SEPA. That process is complete as far as the rules and regulations of SEPA. VanDerbeek: All right. Any further comments. Hudson: Yes, I have some other ones. Did you have a comment on SEPA? James Hansen: If I could. Jim Hansen, Kent Planning Staff. I sense there's a lot of confusion by the audience over the SEPA process and the environmental review process but by State law versus the issue before us and we are not really prepared to get in any depth in SEPA at this time in that by law they are very separate process and, if at some point in the future, you would like us to provide additional information on that, we'd be glad too. We are not prepared tonight because by law they really are not one and the same issues. But, I wouldn't want the public to construe that as a lack of interest or an intent by the City to mislead any of the public they are simply very separate processes and as Libby noted, the process for the environmental review is complete at this time and we really don't have an avenue to address that any further. But, it certainly is for lack of interest it ' s just that by State law the appeal period has lapsed, we didn't receive any comments and we proceeded forward. VanDerbeek: Well, that may be the case but I think that some of the citizens present have raised issued, significant issues with respect to whether the proper persons were notified of the issuance of the DNS and I understand staff' s position because they are two separate process and, in fact, if the DNS had been appealed there is an entirely separate procedure for the hearing 35 Hearing Examiner Verbatim Minutes _ Signature Pointe #SMA-88-4 of that appeal. However, given the concerns raised by the citizens, I think, perhaps those issues should be addressed at some point during the hearing process. All right, any further comments. Hudson: Yes, I would like to make a comment on the bike trail that is being proposed as well. This is a SEPA condition that they provide a bike path. The developer intends to construct this bike path and will be the entire length of their project along the river and connect to the bridge that goes under the SR 516 bridge. There' s a foot bridge that exists at this time. Also, this will be part of the Green River Corridor bike path which is planned to go from Auburn to the Duwamish along the Green River and Duwamish waterways. The bike path will connect to the south and to the north eventually and by following the river. This includes the property that' s located to the east of this site, here, and will follow the river whether that' s purchased outright or through condemnation of some kind, the bike path will follow the river. VanDerbeek: Who' ll be required to maintain the bike path. Hudson: The bike path will be maintained by the City. The developers will be required to provide an easement or actually they are deeding the property to the City, I believe. . .and, some of the other questions that Larry Stougard had. Public access to the river is also required to be provided by the Shoreline requirements and that is the width of 20 feet. That will probably go up to the bike path itself so as far as launching a boat or something it might be a problem as the dike has two sides and you have to go down to the river. So, there isn't any requirement to build any sort of launch. But, for a small canoe or kayak, it should be feasible. As far as his questions on bike paths along the street, there ' s no plan with this proposal to incorporate any street bike paths to my knowledge. And, there was a question on the groundwater. I think I talked a little bit about that. With the amount of impervious surface that will be generated by this development of project, the water quality of the river will be protected because all the impervious surface runoff will be directed to the City' s storm system and they will be filtered through biofiltration as well as oil/water separators in the parking lot. Nothing will go to the Green River and there is going to be quite a buffer along the river between the development and the river itself. The developers are required by the shoreline regulations to setback 75 feet from the centerline of the dike which they are doing. Now, that' s greater than the 100 foot setback that's between. . .that's by the ordinary high water mark, so it' s actually a greater setback. And, they are leaving 36 Hearing Examiner Verbatim Minutes Signature Pointe #SMA-88-4 the shoreline area itself on the dikes, the river side of the dike undisturbed. There will be some work done on the dike itself that's required by a SEPA condition to strengthen the dike for flood control and at that time, after the dike has been repaired, the bike trail can be constructed. And, also, with the construction of the bike trail other plantings may be planted at that time to provide shade along the river. The shoreline regulations require that a vegetative buffer be provided along the development which the developer's are providing and its an average of 25 feet with a minimum of 15 feet and that will be located on the inland side of the dike. So, the Army Corps cannot address what kind of vegetation goes in there. It won't affect the dike at all but as far as the vegetation that goes in with the bike trail itself, the Army Corps will be consulted on that. So, we'll try our hardest to get some sort of trees that add some sort of trees that add vegetation and don't cause any problem with maintenance of the river. That's all I have at this time. VanDerbeek: What is the City's response to concerns raised by Mrs. Miskell about the over impact of the proposed development on schools and also about the problem associated with the school buses impeding traffic and does the city any problem with 200 students waiting for buses there near the underpass. Hudson: Well, it was my understanding in the environmental checklist there was 72 students, that's what was presented to the City that would be generated by the project. And,. we received no comment from the school district that that would cause any impacts to the school systems. As Mrs. Miskell there is a school being proposed and that' s located near the Lakes project. That was the mitigation measure that was addressed in the EIS that this new school would absorb the additional students that this project will generate. VanDerbeek: Right. But, that was in 1981. Hudson• Yes. VanDerbeek: Well, and how many units is this. . . Hudson: The new revised plan, 554 units. VanDerbeek: 554 units. And who prepared the environmental checklist, the applicant, right. Hudson: No, the architect did the environmental checklist. The architect that drew up the plans that you have there. 37 Hearing Examiner Verbatim Minutes Signature Pointe #SMA-88-4 VanDerbeek: Was the school district notified of the application? Hudson: I believe they are notified of all applications within the City for multifamily. We have received letters previously on multifamily developments that there was some concerns. That was last year. There were concerns of overcrowding in schools. VanDerbeek: All right. Well, it seems to me that a majority of these units are going to be two or three bedroom and since the proposal includes a family pool, a daycare facility, it appears to me to be a very family oriented proposal. Hudson: I know there' s an area of the development that' s proposed just for families and maybe the developers can speak to that better. I 'm not sure how many units they are intending to be but that's where the daycare center is located in close proximity to the family area. VanDerbeek: Well, staff does see any problem with the possibility of all this children, whether its 72 or 200 or. . .as suggested by the witness assuming that all the high school students would ride the school bus which is probably an erroneous assumption. But, if they did, that would be 236 students or do you accept the number suggested in the environmental checklist, 72 students, staff doesn't see any potential hazard with that number of students waiting for the school bus in one location. Hudson: Well, I think there are hazards, of course. They have a long way to walk there, it appears and they will have to walk under the bridge. . .the underpass that goes under the bridge. But I would assume, I 'm not sure on the figures, they all won't be waiting for the bus at the same time. We haven't really looked at the impact of waiting for the bus. O.k. VanDerbeek: All right. Any further comments. Hudson: No, not at this time. VanDerbeek: Is there anyone here from Traffic Engineering? I have a question that I would like to enquire of the Traffic Engineer. Ed White: My name is Ed White and I 'm Assistant Traffic Engineer. VanDerbeek: Mr. White, could you refresh my recollection with respect to the anticipated number of AM peak hour trips to be 38 Hearing Examiner Verbatim Minutes Signature Pointe #SMA-88-4 generated by the proposed development? - White: Well, we didn't do any of that; the City didn 't do any evaluation of AM trips. Mainly our concern with is the highest peak of the day which is generally the PM peak. We did, though, do some AM and PM existing traffic counts, if you'd like to be provided with that information. VanDerbeek: Well I think I 've been provided with the traffic study. So you don't have any information concerning the AM trips. White: Correct. Not outside of the actual traffic counts. Again, because the PM is generally the most critical time of the day. VanDerbeek: Well the actual traffic counts that you are discussing are. . . White: They were conducted yesterday and I guess, I believe, the day before yesterday. They are existing manual counts that were conducted between 7 and 8 o 'clock in the morning. VanDerbeek: Without regard to the traffic to be generated by the proposed development. White: That is correct. VanDerbeek: But can you refresh my recollection with respect to the total number of daily trips that would be generated by the development? White: OK. Based on the current letter that we received from the engineer who conducted the study for the developer, they have revised their traffic projection from 3600 vehicles, which was part of the original study, down to 3330 vehicles a day, with an estimated 275 PM peak hour trips now being generated by the development. VanDerbeek: When was that figure revised? Do you know? White: Well, the letter I have is dated July 6, 1988. VanDerbeek: Today. White: Correct. VanDerbeek: Did anybody plan on making that letter an exhibit? 39 Hearing Examiner Verbatim Minutes Signature Pointe #SMA-88-4 White: I understood you already had a copy. VanDerbeek• No. White: Can I present it as an exhibit then? VanDerbeek: Yes. I guess the reason why I am asking about. . . no, not I guess, I know the reason why I am asking about the AM trips to be generated is because of the anticipated conflict between children waiting for the bus and a lot of traffic exiting at this one exit point. White: OK. Three thousand (3000) vehicles a day would be typical, local volume street. When you're starting to get in the neighborhood of 8000 to 10, 000 vehicles per day you're starting to look at a collector type arterial . So, again, this would probably be characteristic of a fairly high-end local street, local neighborhood street, with the 3000 vehicles. VanDerbeek: But what are the current average daily traffic counts? White: We conducted a one-day count day before yesterday and came up with a volume of roughly 1800 vehicles currently. VanDerbeek: Well, day before yesterday was the Fourth of July, was it not? White: Yeah. OK, yes it was. Let me check the actual date. The day of the count was 7/6, 1988. VanDerbeek: Today. White: Correct. It was done yesterday. It was started approximately 11: 00 and ended approximately midnight this morning. So it's not a full count. VanDerbeek: So, how many trips per day were there in what area? White: Now this was on 64th Avenue. We do have an existing traffic count on Meeker that was done over a series of days, starting with 6/18 and ending approximately 7/1 of this year. The average, or the low of the weekday--because these counts also included the weekends-the lowest was 15, 690 and the highest was 21,803 . Now that 's a two-way volume; that's both east and west. The lowest was on a. . . let me correct that, the lowest volume was 40 Hearing Examiner Verbatim Minutes Signature Pointe #SMA-88-4 t f 21, 100. I was quoting you a Sunday count. The 15, 690 was on a j Sunday. The lowest weekday volume count was 21, 101 and that was on a Monday on 6/20 of this year. The highest was on, again, a Friday, which is typical. VanDerbeek: Well, what was the result of the one day average daily traffic on 64th Avenue. White: OK. The result again. . . Because we did not have a full and complete count, we projected the count over the remaining uncounted hours and came up with around 1800 vehicles. And again that was based on that one day count. VanDerbeek: Eighteen hundred (1800) , 18, 000? White: Eighteen hundred (1800) . VanDerbeek: Eighteen hundred (1800) . •- White: Yes, one eight zero zero. VanDerbeek: Per day? White: Correct. So you're looking at possibly between 4000 and 5000 vehicles with the traffic generated from the development once j it is 100 percent occupied. VanDerbeek: Four to five thousand? White: Correct. Now that is when the development is fully occupied. VanDerbeek: Well how does one consider the information contained in Exhibit 18 which suggests 3300 vehicle trips per day, and all the other statistics you have given me, and then end up with 5000 trips per day. White: The 3600 which was adjusted down to 3330 were the number of added trips that would be added by the development. The 1800 which is the existing volume right now. VanDerbeek: Right. White: So you'd add them together. . . VanDerbeek: So, five thousand. 41 Hearing Examiner Verbatim Minutes Signature Pointe #SMA-88-4 White: Correct. VanDerbeek: So what was your testimony previously about the amount of traffic that could be expected on a collector/distributor street where people, children, would normally wait for a bus. - White: Correct. I would say this is not unusual of a neighborhood street--the traffic volume. VanDerbeek: And I 'm saying what is the traffic volume on a neighborhood street. White: It could range anywhere from as low as a thousand to as high as three to four thousand, possibly even five thousand, depending on the street. I think the critical volumes here are not on 64th but on Meeker. . VanDerbeek: Right. Well thank you for your testimony Mr. White. I may have some additional questions later on traffic after I look at Exhibit 18 a little bit more carefully, but thank you for answering the questions. Is there any further rebuttal comments from the City Planning staff or members of any other state department? Alright, at this time I ' ll hear rebuttal or any additional comments from the applicant or the applicant's representative. Fred Grimm: I 'm Fred Grimm with Triad Development, the applicant for this project called Signature Pointe. Much of the testimony, in rebutting the testimony, one must note that a lot of it is geared toward concerns about any kind of development on this property. These are concerns that were more properly addressed to the question of the zoning of the property. It' s been noted that the property has been zoned some kind of residential zoning ever since the property was annexed into the City of Kent. This property is not part of the agricultural zoned property. It ' s not part of the King County Bond Program where the development rights have been purchased. So ever since it 's been part of the City it' s been designated as multifamily in some kind of zoning or another. The other aspect of a good portion of the comments were geared toward the SEPA. We are prepared today to talk about the Shoreline Master Permit and we're caught off guard by these SEPA concerns--in the sense that the SEPA has its own process which if 42 ... Hearing Examiner Verbatim Minutes Signature Pointe #SMA-88-4 there are any irregularities in that process there's other recourse available. The EIS was drafted before 516 but it did address 516 in that that was presently envisioned at that point. The checklist that was done was an expanded checklist in which the original EIS was fully reviewed by the City. The aspect of the hearing that we' re most prepared to discuss and the most relevant under the Shoreline Master Plan permit process is the Shoreline Master Plan itself and how it conforms to, how our project conforms to its requirements and how our project conforms with the Comprehensive Plan. We've noted and there's been some question raised about the designation of open space on this property. It's been pointed out that all along the Green River, open space has been designated in the Comprehensive Plan. There is no open space zoning. There is no zoning for parks. Thus, all that open space can do for us is to provide us some kind of guideline in the Comprehensive Plan in developing the property consistent with the underlying zoning, which in this case is multifamily. And the open space requirements through the Master Shoreline Permit process are substantial and I would like to offer a few exhibits to discuss that open space requirement. I 'm going to ask my architect, Beth Mountsier to bring up a couple of diagrams. The first one is just a perimeter drawing of the open space along our project. In this simple context, this may not look like that much, because of the size of property we 're dealing with. But in actuality, the part of the property that we are keeping open--and this does not include any of the open courtyard space between the apartments , or any of the playfields for the apartments themselves--this constitutes over 11 acres of property that has remained open. We've also noted here on this exhibit, which I 'd like to introduce, that this total 11 acreage of open space is more space than two-thirds of the present parks in the City of Kent. I would next like to show the buffer between the dike and between our project. In that open space, we've got a section that will show how much land we ' re actually talking about in terms of distance. What we have here is a cross section of the Green River, the dike and the 75 feet from the center line of the dike back to the building. In this drawing you will note that these apartments are not sitting on the edge of the River, indeed no improvement is done from the River's edge to the existing top of the dike except for the planting of supplementary willow trees as an additional amenity for the River preservation and the steelhead, providing shading. The dike itself, there is some questions asked about the dike. It is going to be developed in cooperation with the Engineering Department of the City of Kent. By developed, I should clarify that, the dike is existing presently at different points; it will be supplemented and ultimately the bike trail will go on top. Then from that point 43 Hearing Examiner Verbatim Minutes Signature Pointe #SMA-88-4 down we have this buffer zone which includes again the planting of trees and other vegetation, including wildflowers. This is not a park setting in the terms of a playfield, where there will be a lot of active use. It's more of a passive designation in keeping with the preservation of the shorelines. I 'd like to enter that as an exhibit. VanDerbeek: All right. That will be marked as Exhibit 20. Grimm: Um. . . Next I 'd like to just show a cross section of the entire property. This site is a very unique site in that it is the only one in the City of Kent that has so much shoreline for so little area. When the Green River Corridor Plan was first adopted, there was provision made for various setbacks . At that time, when it was presented to the City Council, in the minutes it was suggested that some kind of special provision should be made for this site because a good portion of the land will be rendered unusable. We' re not asking for that. We're not asking for variances with regard to the bulk of this site, as has been suggested by some of the testimony. We're keeping the density and the buildings off of the shoreline area. The next exhibit I have is a cross section of the entire project from riverfront to riverfront. I would like to offer this as an exhibit as well. In it you will note again some requirements of the shoreline and, in keeping with the open space concept of the Comprehensive Plan, you will note the large setbacks and you will also note the way the - buildings are structured in that they're only two story along the, up to, the 200 foot setback and then because the entire site is within the Green River Special Interest District zone, there is a restriction against any buildings over 35 feet, which we 're also in keeping with here. These buildings are much smaller than most of the developments, multifamily, in the area and I 'd next like to, and that is also a function of the Shoreline Master Program and the open space designation. VanDerbeek: That will be marked as Exhibit 21 to this hearing. Grimm: What I have next is to show the difference between what may otherwise be developed in a regular multifamily zone of this same nature. Do we have these marked? OK. The small building there is obviously our smallest building on the property that would be facing the shoreline. You can see that it has extensive modulation and it also is only two stories. The next building is our largest building on our property. In keeping with the concern of visibility of the shoreline, not only is there a requirement to have this buffer, which is not only to buffer use 44 Hearing Examiner Verbatim Minutes Signature Pointe #SMA-88-4 of the shoreline, it's also to provide a visible buffer along the shoreline both from the River, across from the River and from the trail. What we have here in this long building is a scale model of the largest building at the Riverwood, which is right next to the subject property. It provides a comparison of what kind of mitigation is actually required by this Shoreline Master Program and by the open space concept. So to say that there aren't any concrete measures being taken is incorrect. I might note that this same length of building could be allowed on our zoning, in that the zoning is the same, but for the Shoreline Master Plan. In looking again at the Shoreline Master Plan there are certain sections that are applicable to us under the use regulations which are specific requirements that adhere to and follow the policy objectives and goals outlined in the Shoreline Master Plan. I simply note those in Chapter 5, under use regulations for all developments and also further on in that same chapter with regard to residential development itself. Those are the guidelines which really direct us in terms of what standards and what things we should do in terms of how we develop the property and I would note that all those requirements have been met. That was one of the basic checklists that the City staff went through in making its -. recommendation. There are specific aspects of the concerns that were raised that I would like to touch on besides showing what I have just done with regard to the open space. One I guess I would like to talk about is the bike path. The bike path is presently envisioned to go along the top of the dike. It is over 4800 feet. And I have and I would like to also enter as an exhibit, a map of the City of Kent Parks and Recreation Department. In that map, on that map, I will show you, I 've highlighted areas of the property along the river which has been developed for the bike path which is not along an existing road. It' s starting up at Vrisco green belt and that ultimately connects into the Tukwila system. Goes along the river as I 've highlighted and this was from information I obtained from Barney Wilson, the Director of the Parks Department. Then it goes along the river on Russell Road, again it dips along the river off the road, gets back on the road, goes off. . . The point - is that presently this bike trail system ends here at the golf course in terms of the north or east side of the river. The City is presently planning to improve the levee here that would take it to our property line. We would then provide the substantial portion of the missing link between this southern portion and the northern portion along our property. Speaking with Barney Wilson, he told me that our improvement of this trail, which is substantial--it is 4800 feet--is the first improvement of the 45 Hearing Examiner Verbatim Minutes Signature Pointe #SMA-88-4 trail in the City of Kent by a private developer. And I also would note that it is a substantial investment. Let me keep this for one more point, in that the Green River Corridor Plan, when they recommend the acquisition of property for the trail and the projected cost of actually making the trail improvement, they projected a cost in 1980 dollars of $22 . 50 per lineal feet. Which at 4800 feet that would result in an estimated contribution of over $108, 000 for improvement of that trail. Some testimony was given by the neighboring property owner that somehow this trail is not going to connect and is going to deadend. Presently it is correct that it would deadend at his property line which is. right here. He envisions, Barney Wilson envisions that either through development of his property and the neighboring property next to it, that trail will be continued at that point, or because we are providing substantial trail improvement and deeding to the City, that he will perhaps have sufficient funds to purchase the remaining bicycle access along the dike. Development of that property would be required to go through the same process that we would in terms of shoreline permit. The testimony also was given that there is a right of way along the north part of, excuse me, the south part of 516 and that the two trails are not going to connect because we end our's here at the dike and they' re going to end their' s at that point. I addressed that with Barney Wilson and he said that when 516 went through that there was in fact a provision made for the City of Kent to have access to, 12-- actually Barney said 10 feet; the state tells me it' s 12 feet-- plus 2 feet on each shoulder for a total of 16 feet along 516 and that what it will do is that the City will someday develop the bike trail along 516 from our property line all the way to Washington Street. When I say property line, they will be developing it from our western portion of our property line, which will be from here to here. The idea, he said, as you' ll see in the plan, is that there are many cross sections that are made that do not follow the river. In other words there are shortcuts connecting with the interurban cutting through here, through there and so on, as well as ultimately cutting through here. It is not shown on this because this is a City bike path and originally this had been considered a county trail connecting with the interurban trail. But anyhow it would be connected going straight across here providing a short cut for those people who are either tired and don't want to do the full loop or perhaps want to drop off at some other point and continue on--more of a commuter's type of path, rather than a recreational path along the horseshoe shape of our property. VanDerbeek: All right, the map will be marked as Exhibit 22 to this hearing. 46 Hearing Examiner Verbatim Minutes Signature Pointe #SMA-88-4 Grimm: I would also like to reiterate in terms of some of the requirements of this open space concept and Shoreline Master Plan and that is again providing access for 27 vehicles. This is, according to Barney Miller, again the most substantial parking provided on private land for public access to the riverfront. And finally, I would like to enter the summary of the bike trail access as another exhibit. VanDerbeek: All right, that will be marked as Exhibit 23 . Grimm: There' s some access questions that were raised which obviously pertain to the traffic. We ,have brought our traffic engineer that we have hired from TP&E who actually did the various studies that were provided for the City. At this point I 'd like to interrupt briefly to give him a chance to answer any questions you may have or to add any supplementary comments to those given by the City's traffic engineer. VanDerbeek: All right. Dave Inner: I 'm Dave Inger with Transportation Planning and ,... Engineering Incorporated. Our address is 2101 112th Avenue N.E. , Suite 110, Bellevue, 98004 . Our firm prepared the traffic study and two subsequent letters, I ' believe all of which are in the record. VanDerbeek: What was the date of the other letter. There's that one letter that' s Exhibit 18 that ' s dated today' s date. Inner: Well there' s a letter that was dated May 27, 1988 . _ VanDerbeek: Is that. . . I ' ll ask the ever efficient recording secretary. . . is that in the record? No. . . I don't remember ever seeing it. Who was the letter to and who was it from. Inger: It was from me to Fred Grimm and it addressed the issue of traffic queues at the Meeker Street, 64th intersection--traffic backups. VanDerbeek: I don't remember reading it. Well, I ' ll double check the exhibit list. . . All right, that's all right, I just wanted to be sure the record was complete. Please continue Mr. Inger. Inger: I think most of the traffic, the off-site traffic impacts, are addressed in the three traffic documents. There are a couple of questions I 'd like to address briefly and then entertain any 47 Hearing Examiner Verbatim Minutes Signature Pointe #SMA-88-4 questions you might have. You did ask about the AM peak hour trip generation. We do have some numbers for that. For the 554 unit project, we estimate approximately 281 vehicle trips during the AM peak hour, that includes approximately 230 exiting the project and 51 entering the project. On the issue of the school buses, we would like to emphasize that the project will be constructing a turnaround at the south end of 64th Avenue within a public right of way which will be adequate for turning a fire truck and I believe that would also make that adequate for turning a school bus at the end of the cul de sac. Now I don't know whether the school district would entertain the idea of buses coming down 64th and picking up right at the project frontage or not, but I think that possibility would exist with the turnaround that will be built by the project. A couple--well let's see--one comment on the parking supply. As stated in my letter dated today, it was I believe Exhibit 18, I do believe that the total number of parking stalls on the site will be adequate to handle the peak parking demand. As I . understand it, the number of parking stalls meets all of the City requirements for parking stalls and also exceeds the peak parking demand rates that have been listed by the Institute of Transportation Engineers for various studies of apartment projects around the country. We've also got some local data that has been collected on parking supply and parking demand at some local apartment projects and I believe we want to enter that into the record possibly a little later. VanDerbeek: What part of that information is contained in Exhibit 18? Inaer: Right, that was the. . . VanDerbeek: . . .about the Riverwood Apartments. Inger: Right, apartment count taken at Riverwood. VanDerbeek: No there' s never been any issue that the parking provided on the siteplan complies with the City' s requirements. My question is , you know, when the big multiple family developments come in for phase 3 and 4 then all the people who live in phase 1 and 2 come in and complain that there' s no room for their company to park. So I 'm not questioning whether this proposed development is complying with the City' s requirements. I 'm just trying to determine whether the City' s requirements are sufficient. Inaer: I believe that the current plan shows approximately 1, 099 parking stalls on the site. Divide that by the 554 units, it 48 Hearing Examiner Verbatim Minutes Signature Pointe #SMA-88-4 results in an overall rate of about 1.98 stalls per unit, which is in the letter. VanDerbeek: Does that include the 27 spaces for public access. _. Inner: Yes, I believe that's the total number of stalls on the site. VanDerbeek: Well then the total number of stalls. . . If 27 stalls are for public access then really there's 1, 072 stalls available to serve the residents, so what is 1, 072 divided by 554 . . . They're all wrong? 1.94? All right, the record should reflect that Mr. Grimm is indicating that the proper ratio is 1.94, well i because it's erroneous to assume that those stalls set aside for public parking should be included in the total count, because the idea is that the public parking stalls are for public access to the river. All right. Inter: Well, my letter addresses the total number of parking stalls on the site as a ratio of the number of units, which is the measure used in the Institute of Transportation Engineers data for apartment projects around the country. The IT data does not separate out parking stalls reserved for residents versus public access etc. It's a total gross number of parking stalls. That' s the comparison made in my letter. VanDerbeek: All right Inger: And that' s a little bit different from some of the other ratios that might be addressed in other data. VanDerbeek: But presumably the IT&E ratios don't anticipate multiple family development alongside of a public amenity such as a river where you'd want to provide public parking, so. . . Inner: Well, we don't know that. Some of them may. Probably most of them don't. VanDerbeek: All right. Any further comments? Inger: Nope. Not unless you have questions. VanDerbeek: Thank you, no. Thank you for clarifying the number of AM peak hour trips. I was interested in that. Thank you. Grimm: For the record, I 'm Fred Grimm returning. The question about the parking that was raised, it is 1.94 when we count the 49 Hearing Examiner Verbatim Minutes Signature Pointe #SMA-88-4 1076 spots. The reason why the 27 additional spots may have been included is because the peak parking period is deemed between sometime between 9 and 10 at night, which would be the maximum anticipated cars on the property with the combination of everyone being home while some still having visitors. That is also, would be, according to Barney Wilson, one of the lower periods of time in which the public access parking would actually be used by the public. We asked that the Goodman Management Group give us some actual information with regard to what the reality of parked cars are in some of the various apartment buildings they manage. I 'd like to turn the microphone over to Mik Hulkman of the Goodman Management group to provide us the basis for his study and the results of it. VanDerbeek: All right. Mik Hulkman: Good evening. I 'd like to enter right away an exhibit of the study right here. VanDerbeek: All right. That will be marked as Exhibit 24 to the hearing. Hulkman: My name is Mik Hulkman and Walt Smith had addressed this group earlier. Walt and I work together for Goodman Management and we ' re involved with management of property for Triad Development. Goodman Management manages approximately 10 to 12 thousand units in Washington and we're the largest fee management company in the state so we do have some experience in the area. VanDerbeek: The largest what management? Hulkman: Fee management. That means we manage for developers for a fee versus developers managing for themselves. VanDerbeek: Well I figured that you weren't a nonprofit organization. Hulkman: No. Our apartment study was done over several projects we manage and also we think the most comparable neighboring project, Riverwood. You can see on the study it takes both into account the number of occupied units at a complex versus the parking stalls and we break those down into two different ratios: 1) the overall number versus units of stalls ranging from a low of 1. 19 stalls per unit to a high of 1. 94 . So out of the various units we surveyed and studied, the lowest parking stall per unit ratio we studied was 1. 19 and the highest anywhere was 1.94 which is exhibited at Riverwood and will also be at Signature Pointe. And that takes into account 176 units, which is the number you see 50 Hearing Examiner Verbatim Minutes Signature Pointe #SMA-88-4 for parking stalls at Signature Pointe. That number does not take into account the 27 extra stalls, which would be for the parks. VanDerbeek: Maybe it' s too late at night to do math, but when I subtract 27 stalls from 1099 , I get 1072 not 1076. Hulkman: That' s right, that number is incorrect. There have been some adjustments since then. There will be 1076 stalls for the complex and 27 for the parks, bringing to a total to 1103 . VanDerbeek: All right. Hulkman: You can see from the study there that the parking stalls for the Signature Pointe complex would be 1.94 per unit which is the highest in the survey, which is also what's seen at Riverwood. Then in the next column over you can see the actual usage of stalls; this was done by actual count between 9 and 10 o'clock at night at the complexes. It ranged from a low at a project in Kent of . 98 to a high of . 147 at Riverwood. Do you follow that? That' s the last column to the right. It' s actual number of stalls used during peak hours. _ VanDerbeek: Ratio of parked cars versus occupied units.p Hulkman: Correct. Is that clear or can I help you with that? VanDerbeek: Well, I guess I was thinking more in terms of percentages as opposed to ratios. But, no, I can figure it out. Hulkman: OK. What it's showing is rather than a percentage, the ratio is, at the first one there you see which is River Point, which is a building in Kent, .98 stalls were used for every unit, to a high at Riverwood of 1. 47 stalls are used per every unit. VanDerbeek: As opposed to 1. 94 that are provided. Hulkman: To extrapolate from that an average of 1. 28 would be safe to assume. But if you wanted to take the high, which is Riverwood which is next door, you would still come in approximately . 5 stalls under per unit, which would leave you with this number of stalls, approximately 250 extra stalls. VanDerbeek: And how many different dates was this study conducted. Hulkman: The study was done over one day at each project. It was done on Tuesday night. 51 Hearing Examiner Verbatim Minutes Signature Pointe #SMA-88-4 VanDerbeek: Thursday night. Thursday, June 30th this says. Hulkman: Excuse me. Thursday, June 30th that' s correct. VanDerbeek: all right. Hulkman: It was done by staff at the properties and we also counted the parking at Riverwood. You can see and look at that later and if you have any questions, I 'd be happy to answer them for you. VanDerbeek: All right. Thank you for your testimony. Hulkman: A couple of other issues is regarding the police and the fire. The police department said approximately 30 minutes of its time was taken up to remove cars from fire lanes or areas such as this marked on properties. We through our management do not involve police in those issues. We simply have a car towed. The areas are posted and the police do not have to be involved to have the car towed. There is very thorough rules and regulations at every property which are given out as part of our management _.. process. The police will not get involved. Anybody parks in the fire lane they're towed. Anybody that parks in an improperly marked space will be towed. Anybody that parks in a space that is designated for another resident will be towed. Police are not brought into this. We have a very strict policy here. VanDerbeek: Are there resident managers that you have on duty 24 hours a day. Hulkman: Yes, at a property this size, we would also have security guards in the evening just to maintain a very peaceful complex and under control. As far as motor homes, boat trailers and things of this nature, if you allow them to exist which they do at Riverwood and I would say that Riverwood might not be an example of real intensive management. It's a company from back east and they're not real involved. They don't manage quite the same way that we do, or intensive companies in this area. But vans, boats, motor homes, things of this nature would not be allowed to park in right of ways and on streets. Vans and boats are things that should be stored mini storage and if this is made very clear from the beginning you don't get it. It' s an issue that is very easy to control through proper management. If you allow it to exist it will, if you don 't it won't. I really do not believe that there will be any parking problems at this complex. In any complex I 've ever managed with a ratio as high as 1. 94 has 52 Hearing Examiner Verbatim Minutes Signature Pointe #SMA-88-4 never presented a parking problem. Thank you for your time. VanDerbeek: Thank you. I just have a question from your standpoint about the enforceability of this requirement in exhibit 17 about the owner requiring in all rental agreements the use of the garages by tenants will be exclusively for the purposes of parking. I mean what kind of problems do you anticipate with enforcing that kind of a regulation. From a property management standpoint if a tenant was using the garage to store things or grow marijuana, or do whatever, what would you do, how could you. . . Hulkman: If you allow it to exist it will. We simply do not. I could show you another project in the Kent area where we have garages and they' re used. I believe you plan on using garage door openers? Something we suggest and people really do use it for parking. Fairly easy to control . What we do is you will assign every unit one parked. . . VanDerbeek: Garage? Hulkman: No, one assigned parking place, whether that be a garage they rent or covered parking that they rent. And then the other spaces would be open to anyone but we would control the number of cars that any one person could have. Our lease applications require identification of all vehicles by license plate number and ' they also require a count of how many vehicles will be on the property and what they will. . . it actually asks what the license plate is, what type of vehicle it is, and we monitor that. We have a list and our maintenance people and our security people who patrol the grounds have those lists available to them to control the situation. VanDerbeek: But how will you make sure that the garages are only being used for parking. Hulkman: That's all we permit them to be used for. VanDerbeek: Well, I know. But how will you check? That's what I 'm trying to figure out, how you will know. Hulkman: That it won't be used for storage, something of this nature? VanDerbeek: That it's not used for storage or for other purposes other than parking. 53 Hearing Examiner Verbatim Minutes Signature Pointe #SMA-88-4 Hulkman: Use routine checks. It's fairly easy to see when someone is parking a car in a garage or not parking a car in a garage. When they rent a garage our garage rental agreement, which I can provide you with one of if you'd like, specify the automobile to be used in the garage and the license numbers. Obviously, if you know we persist in finding these cars aren't in these garages, then we'd discuss that with the resident. VanDerbeek: You mean when you rent an apartment you don't get a garage, you have to pay extra for a garage? Hulkman: Correct. VanDerbeek: Well how much extra do you have to pay? Hulkman: Whatever the market will bear, basically. There are several complexes in the Kent area that rent garages on an extra basis. And for the developers, as well as the management company, you maximize the use of the garages by finding whatever rate they will be totally used at. Because if they go unused it' s costly. VanDerbeek: Well, do you have to be a tenant to rent a garage. Hulkman• Yes. VanDerbeek: Well. . . Hulkman: Is it your worry that the garages won't be used for parking and that will intensify the density. . . VanDerbeek: I 'm just worried that these tenants might not necessarily rent. . . Well, first of all the total number of parking spaces is inclusive of the garages, right? Hulkman: Correct. VanDerbeek: How many garages are there? Hulkman: I 'm not exactly sure on that number. Walt, the gentleman who I did the study with, did more on the actual Signature Pointe property. VanDerbeek: Well, like at the other Triad Developments, how much do they charge for a garage. Hulkman: It varies. Another property in Kent which I am currently managing--River Point--we charge $65 for a garage. 54 Hearing Examiner Verbatim Minutes Signature Pointe #SMA-88-4 VanDerbeek: Sixty-five dollars a month? Hulkman: Sixty-five dollars a month. VanDerbeek: For a garage? Hulkman: Yes, it has a garage door opener, you turn a key and it goes up, you pull in you get your own opener and you drive in. Fifteen out of twenty of those are currently being used. VanDerbeek: I 'm pretty interested in this whole garage issue. Now I had no idea you had to pay extra for a garage. This is quite interesting to me. So, I 'm very interested to know how many garages there are going to be because it seems to me that most people won't charge extra for the garage and that' s just gonna. . . Hulkman: I think if you look anywhere in Kent I don't think you'd find any complex that didn't charge anything for a garage. I just recently did a study of the Kent area for another building up on Kent. I forget the name of the property but it's owned by another owner who I manage for. For a 40 unit property he put in 24 garages and we plan to have approximately 23 to 22 of them used at $55 a garage. And that ' s a very high ratio of garages. VanDerbeek: I guess I just assumed that the rental would be show an increase to reflect the benefit to the tenant of having a garage. Now, I don't mean to be overly concerned about the parking issue. However, in hearing these cases for a number of years, I have seen the biggest problem of any of these large multiple family developments is always traffic and parking. Those are always the biggest two concerns and there's definitely an obligation to look into this. Hulkman: There ' s no question and if we ' re managing it ' s a. very large problem if it' s not managed properly. If it is managed properly it' s not a problem. VanDerbeek: Well, so I want to know how many garages there are going to be. . . Hulkman: I don't know. . . VanDerbeek: . . .and if we could provide that information at a later date then that would be helpful. .. i Hulkman: If you'd like we could put together a total parking plan 55 { " f Hearing Examiner Verbatim Minutes Signature Pointe #SMA-88-4 for you. VanDerbeek: The information that I would find helpful would be how many garages are there going to be and is each unit going to have a garage. I assume there's not going to be 554 garages. Grimm: I can answer your question. This is Fred Grimm, Triad Development, returning. There are 130 garages presently planned for the property. In charging, determining rent for a unit, you look at what the unit offers in terms of its amenity, its view, its location, and its size, and also would include whether or not a garage was provided for. So, when you have a limited number of garages, such as we do--it's approximately one-tenth of our total parking-- you can either include that garage with a particular assigned unit and thus charge a higher rent because you're _. commanding, creating more value for the tenant, or you can charge specifically for the garage which gives you more flexibility in that someone with a particular unit maya not necessarily want a garage. So it provides greater flexibility. The remaining spots are either open or carports. I VanDerbeek: How many of these units (it was on one of the previous site plans, but since there are 23 exhibits in this hearing, 24 , I don't have them in front of me now) . . . Can you refresh my recollection with respect to the number of two and three bedroom units. Grimm: I ' ll have to get some information from the side, here. . . j While they're digging for it, in the interest of saving time perhaps I should continue on. VanDerbeek: Yes, please do. Grimm: I would also like to note in the study that was done in showing the Riverwood at 1.94 , I would like to comment that the Riverwood parking ratio is greater than the required 1.8 because they had less open space and there is an option provided that if you provide greater parking you can reduce your open space. In our case we have 1.94 ratio without any kind of open space reduction or tradeoff. The next issue I 'd like to discuss is the question of access that has been raised. Looking at the site plan, there has been some questions raised about statements incorrect about there only being one access and the purchase of property and so on. First I 'd like to correct the mistatement that the northern part of the property was purchased knowing that there was only a single access to the 56 Hearing Examiner Verbatim Minutes Signature Pointe #SMA-88-4 south and that as an option they could have purchased property to the east. This was one combined site. It always has been just one site. To say that access can be obtained through neighboring property is correct. That may be a possibility, but it requires the cooperation from somebody else. Likewise, perhaps access could be obtained by additional bridge over Green River which we' re certainly not suggesting and the Army Corps of Engineers probably wouldn't particularly want to see that. So in reality, for the property that we own, there is only one access to it and there is a big concern raised about what that access means. I 'd like to note that the access under 516 is 24 feet wide and this meets code and is more than adequate for a fire engine to pass even if some car were to be illegally parked. I have another exhibit that I would like to have brought up that exemplifies this. What we have here is another cross section of the overpass of 516, the pedestrian bridge underneath and showing an eight foot sidewalk and a 24 foot road, before we begin the riprap up to the bridge. A fire truck is 8 feet. This is a fire lane. In the event a car were to be illegally parked in the fire lane and had not been removed at the time of a fire, there' s still an 8 foot passing ability--actually a total of 16 feet-•-to go around that parked car. So it is not an unusually small road upon which fire access is required. I ' ll likewise show another drawing at the bottom which is the main boulevard. Again it's 24 feet. If a car were to be parked illegally along the fire lane, there is still an additional 10 feet which would allow a fire truck to pass by. one of the firemen' s concerns is that they want to be able to obviously park and still have access around it. If you will note that the site plan, a question was raised, whether or not there would be two illegally parked cars at the same time in the fire lane. This shows that if that were to be happen, that there would still be room for the fire truck to pass in the middle. But I 'd also like to show on the site plan the boulevard is not a solid road in that on one side is a fire lane, on the other side are parking spaces and islands. While parking on a fire . lane may happen from time to time, it is very unlikely that a car will park behind other cars blocking parking spaces. I would like to enter this as an exhibit as well. VanDerbeek: All right. That will be marked as Exhibit 25. Grimm: The single access is also not without precedent. There are presently two apartment projects developed where the _.. construction has been complete and they 're either rented or are leasing up--Hampton Bay and Island Park. They both have 558 units combined. Presently all of these units plus some additional condominium units spill out onto a 36 foot wide single access 57 - Hearing Examiner Verbatim Minutes Signature Pointe #SMA-88-4 road. Similarly, Woodland Estates which is located at 821 Kent Des Moines Road has a total of 190 units with again only a single access which is approximately 21 feet wide. So the concerns of what ifs are certainly a concern of everyone, but at the same time they must be considered in the context of what likelihoods we _. protect against and as can be seen by these other projects, that provision isn't made for every possible tragedy. In terms of evacuating in the event of such a tragedy, there is access through the neighboring property for emergency--for people to escape something that was happening. We have designed the interior roadway system so that it can connect to the east, south of 516, with the roadway system of the adjoining property at such time as it is developed, which is right here. So that would give us the ability to connect. Likewise, there it's going to be more desirable for them to have an alternative emergency access and combining the two of those together design-wise would provide that in the long run. There also was comment made with regard to the public road that is below 516 coming from Washington. A look here at the drawing; the public road only goes a small portion--its about three tenths of a mile short of actually coming to our property. The public road goes along here and it stops. There' s a little tail off that goes up here, but from there on it' s a dead -- end; a private road in which there are two and perhaps three property owners who have some kind of reciprocal easements which allow them to cross each other' s property to get to theirs. So it' s not as easy as why don't we just connect to a public road. It requires the purchase of someone else's land, perhaps two or three other people' s land. Finally, I spoke with both the Parks Department and with Mike Evans of the Fire Department that at such time as the bike trail is developed on the south side of 516 that path will continue on to Washington and it will be at least 10 feet wide with two foot shoulders on each side and in the emergency that would be another emergency access point along that bike trail which the Fire Department could and would use if the primary access point was blocked. I 'd like to enter a summary of these remarks with regard to the Lakes Development and Woodland Estates as another exhibit. VanDerbeek: All right. That will be marked as Exhibit 26. Grimm: I have our unit mix in front of me. It is 214 one bedroom units, 208 two bedroom units and 132 three bedroom units. VanDerbeek: So isn't it true that the two and three bedroom units are likely to own more than one car? Grimm: It is quite possible that many of the two bedrooms and 58 Hearing Examiner Verbatim Minutes signature Pointe #SMA-88-4 three bedroom units will. A two bedroom and a three bedroom unit does not necessarily suggest a household of more than two or more than one person. We 've found from our surveys--we did an extensive survey of 1500 residents in the Kent area that live in apartments--and we discovered that a good many single people were living in two bedroom units because they would use the extra bedroom for a study or den. Likewise some of the three bedroom units were only used by a family of two. So it does not necessarily reach the conclusion that a two bedroom unit would have two cars or a three bedroom unit would have three. Indeed our ratio of units is not abnormal in terms of the ratio of one bedroom units to two and three bedroom units and thus it should be viewed in context of the parking study that was done at the other apartment buildings. VanDerbeek: All right, thank you for your comments. Grimm: I 've got a couple more things. VanDerbeek: oh. With your stops I thought you were done. Go ahead. Grimm: There was a suggestion that was made that, back to the EIS requirements, that there was particular concern about the wetlands or about the Army Corps of Engineers. I have a letter. One of the first things we did on this property was got the involvement of a soils study and a wetlands biologist and the review of the Army Corps of Engineers with regard to this property and what impact it may have on vegetation that would have special concern-- which is primarily a wetlands vegetation. This letter that I 'm going to enter as the next exhibit is from the Department of Army Corps of Engineers with regard to no wetlands permit being needed and that they found no evidence that the site contains any wetlands. Recently the Army Corps of Engineers has been the body which has assumed jurisdiction over wetlands issues. VanDerbeek: All right, the letter will be marked as Exhibit 27 . Grimm: I guess I would like to summarize our presentation by saying that the concerns raised by the individuals who attended tonight are concerns that we also have tried to incorporate in our development here. We have developed similar, other projects that have closely related to the concerns of citizens with regard to habitat. Having a carefully designed apartment community does not necessarily mean the destruction of a particular habitat. For example, we 've developed a 198 unit apartment community along a three acre pond. We actually improved that by providing 59 Hearing Examiner Verbatim Minutes Signature Pointe #SMA-88-4 additional vegetation along the pond and to this date the tenants are able to enjoy viewing such animals as, we had a couple of otters through there; blue herons still fly through the property. We have in this project, I think, taken the Master Shoreline Permit requirements, the zoning requirements, and the open space Comprehensive Plan to heart. I don't think that the City of Kent has seen a public community designed with this much involvement and this much concern and I understand that those who would like to see no development at all understandably would be frustrated by our efforts but I go back to the point that this is not an agricultural zoned piece of property. The development rights certainly haven't been sold off under the bond program so we are simply using the standards given to us to develop what the zoning tells us we can. Thank you. VanDerbeek: All right. Thank you for your testimony. I just had one question for the Fire Department with respect to one of the exhibits. Didn't want you to sit here until the end of the hearing and not answer any questions. Could you hand me that, Chris, could you hand me that one exhibit right there. Larry Webb: Larry Webb, the Fire Marshall, City of Kent. VanDerbeek: This exhibit purports to be a to-scale diagram of how much space would be left if there was an illegally parked car and a fire truck and all this. Is a fire truck eight feet wide? Webb: We like to think they' re wider because when we go to a fire we open all the doors on the side and the ladders come out from the top hydraulically another four feet probably. Our biggest concern is once the first fire engine gets there we want another fire engine to be able to pass it. And another thing about that drawing is that a, the statement was made, is it a main boulevard? Is there parking on one side? Or are there fire lanes on two sides? VanDerbeek: I got the impression that there was parking on one side. That was my understanding. -- Webb: That' s what I thought I heard Fred say. Parking on one side, fire lane on the other? Grimm: The parking that is on one side is not parking along the boulevard lane, it is parking that is off so that you're correct. It' s right 90 degree parking on the boulevard. Webb: Is there a sidewalk anywhere there? 60 Hearing Examiner Verbatim Minutes Signature Pointe #SMA-88-4 Grimm• Yes. Webb: One side, two side? Grimm: Both sides. The sidewalk on the fire lane side obviously closer to the road which would allow emergency bypass. And the sidewalk on the parking side is on the backside of the parking. VanDerbeek: Well, how wide is the emergency medical aid unit. Is it wider or narrower than a fire truck? Webb: Narrower. We still have some concerns about turning radiuses that we' re working on upstairs. But at the present time we're going to have to take the oncoming lane to turn into some of these roadways. Now you can look at the drawing. Some of these are very tight turns here. VanDerbeek: Uh huh. Webb: That we will not be able to make without some revisions. But we're working on that. Plans have been submitted and we're working on those problems right now. VanDerbeek: All right. But you remain concerned with respect to the width of the boulevard and the ability for two fire trucks to pass, right? Webb: Well we were at 24 feet? VanDerbeek: Right. Webb: Well, I think that 's OK. VanDerbeek: Twenty-four feet would be adequate provided that there were no cars illegally parked in the fire lane. Webb: Yep, that would be fine. VanDerbeek: Do two fire trucks usually go on most fire calls? I mean it seems everytime I see fire trucks it seems like all of them go--or a couple three and then a Medic One. I don't know. I guess, why don't I ask you a more specific question; under what circumstances do you send out more than one fire truck. Webb: Basically it's by the life hazard that you would see. An apartment complex would probably get two fire engines, one aid car 61 - • Hearing Examiner Verbatim Minutes Signature Pointe #SMA-88-4 and a aerial ladder and one command vehicle and that complex would get that on a first response. VanDerbeek: All right, thank you for your testimony Mr. Webb. Grimm: I do have that letter if it wasn't ever found. . . VanDerbeek: May 27th. It is a part of the record we discovered. i Grimm: You've got it. VanDerbeek: Yes. All right at this time I ' ll close the public - hearing with respect to application SMA-88-41 the Signature Pointe shoreline substantial development permit request. I can indicate that because of the number of exhibits and the anticipated length of time that it will take me to receive and review the verbatim minutes, that I will not be able to issue written Findings of Fact and Conclusions of Law within 14 days of today's date. Because I assume that it will take me at least seven days to receive the verbatim minutes. Is that correct? At least seven days. . . How long will it take me to receive the verbatim minutes, realistically? . .oh, because you're going on vacation. So you' ll have them ready in seven days? All right, well I 'm going to extend the time for consideration of the issues on this case because of the fact that I don't feel I can adequately consider the issues until I have the opportunity to review the verbatim minutes. So if I get the verbatim minutes seven days from today, seven working days which would be the 13th. . . oh the 15th. . . oh seven working days. . . oh all right. . . I 'm going to be on vacation. . . I 'm going to extend the time for consideration of the issues in this case and I ' ll issue my written Findings of Fact and Conclusions of Law on or before July 29th, 1988 pursuant to the authority granted under the ordinance establishing the Hearing Examiner system for the City of Kent. And that additional time is necessary because of the anticipated time to review the hearing record, the verbatim minutes and the exhibits in this case. So at this time, we' ll conclude the public hearing. I would like to take this opportunity to again remind the audience about the rule on ex-party communication. Because I am an impartial decision maker the rule on ex-party communications strictly prohibits my discussing any matters which come before me for hearing with anyone except in a public forum where all persons have the opportunity to hear and to comment. So I would therefore discourage very strongly anyone from approaching me and attempting to discuss any of the issues in this case because then I would have to disqualify myself and we would have to start all over again. All right, so with that we' ll be off the record. 62 -- HEARING EXAMINER MINUTES June 15, 1988 The public hearing of the Kent Hearing Examiner was called to order by the presiding officer, Diane L. VanDerbeek, Hearing Examiner, on Wednesday, June 15, 1988 at 3 :00 p.m. in the Kent City Hall, Council Chambers. Ms. VanDerbeek requested all those intending to speak at the hearing and those wishing to receive information concerning the hearing, to sign in at the sign up sheet by the door. Staff reports, agendas, and the description of procedure of the hearing were available by the door. Ms. VanDerbeek briefly described the sequence and procedure of the hearing. All those who intended to speak were sworn in. There were two hearings held this date. Tri State Construction #CE- 88-2 minutes are available separately in synopsis form. The following are verbatim minutes for Signature Point #SMA-88-4 . SIGNATURE POINT Shoreline Substantial Development Permit #SMA-88-4 A public hearing to consider the request by Triad Development for a shoreline substantial development permit to build 584-unit multifamily apartment project known as Signature Pointe within 200 feet of the Green River. The property is located on 64th Avenue S. at SR 516. VERBATIM MINUTES (1-1466) Libby Hudson: My name is Libby Hudson with the Kent Planning Department. I ' ll be presenting the staff report this -- afternoon. The applicant for the Signature Point substantial use development permit is Triad. And, they are requesting that a 584- unit multifamily project be built within the 200 foot shoreline area of the Green River. The project is located south of Meeker Street here with Highway 516 dissecting the property. It' s an area known as Good News Bay, big horseshoe shape here with the Green River bounding it on the north, south and east side. The project is to develop 51 buildings of 584 units total within the site. The size of this property is 38 . 8 acres, divided into two parcels -with the north half, north of 516 bridge being 8 . 5 acres and the southern parcel 30. 3 acres. The zoning of the property is presently MRM, Medium Density Multifamily. Surrounding zoning is GC to the north and MRM, here. The City boundary runs along the river here so County is located south, east and west of the River. 1 Hearing Examiner Verbatim Minutes Signature Pointe #SMA-88-4 VanDerbeek: What, what are the zoning designations. Hudson: Its agricultural in the County, preservation area. VanDerbeek; All of it, on all sides? Hudson: Yes. VanDerbeek: W:ftat's the County--what' s the name of the County designation, if you know? Hudson: I don't know that. It' s an agricultural zone that' s all. VanDerbeek: All right. I can't take screams from the audience so. . .perhaps response from--perhaps someone who knows what the--of the zoning designate is, can testify later. Hudson: Let me show a video right now of the property. VanDerbeek: All right. (VIDEO SHOWN FROM 1587 TO 1672) Hudson: To give you a little bit of the history of the property. This project was originally a 600 unit multifamily development proposed as the Green River Condominiums in 1980. An EIS was required at that time to rezone. . .and they intended to rezone the parcel, the northern parcel 8 . 5 acres to MRM from RA. The rezone was conditioned and approved by the Hearing Examiner and the Council adopted it. The conditions were never fulfilled the rezone never took affect. In January of 1988 , Signature Point developers contacted the City and they requested to carry through with the rezone by fulfilling these conditions that were originally given on the approval . So in April of 188 the City Council adopted an ordinance rezoning the 8 . 5 acre parcel to MRM. The land uses in the area, adjacent to the proposed project. There ' s existing Riverwood multifamily complex that I showed in the video tape which is located in this area here, north of the property and there' s agricultural uses to the west, across the river, south and east and there' s also the City golf course which is located to the northwest and there' s another apartment complex there. The new 18-hole golf course is located across the Green River--I mean--across Meeker Street. I ' ll show you on this map--in this area here. And, there ' s retail located along Meeker Street. An environmental assessment--the EIS was adopted with some revisions as part of the requirements for this project and they are rather lengthy so they aren't part of this staff report. The street system that the property will have access to is off of Meeker Street, 64th Avenue comes down, it' s not on this map, but it does extend, it does extend, 2 ".. Hearing Examiner Verbatim Minutes Signature Pointe #SMA-88-4 where's Meeker Street, down this way and it dead ends here. Riverwood was required to extend that when they built their project. So, currently, it dead ends here. It' s improved with asphalt paving, curb and gutter at 44 feet. They are required as part of their EIS and DNS that was issued to improve that with a cul-de-sac. Currently _ Meeker Street which 64th lets out onto is at 18 , 000 cars average daily traffic. Meeker Street has a capacity for 25 to 30, 000 and the development, as the Engineering Department estimated, will produce approximately 3 , 600 additional daily traffic on that street with 293 of that being during the p.m. peak hours. VanDerbeek: Is that 3 , 600 daily trips. . . Hudson: Daily trips? VanDerbeek: The total trips to be generated? Hudson: Right, by this project. VanDerbeek: Because your testimony was on Meeker Street, but that 's the total? Hudson: That's right, on Meeker Street. When we review projects such as this. Put up the site plan here. This is the site plan that we reviewed this project with; apparently, there' s a new revised site plan. We have not received a copy of it as of yet. This shows 584 units and apparently, that' s been reduced but the way the project is, this is the access road that comes down underneath the SR 516 bridge and most of the development is within this horseshoe area. We looked at this project . . . the Comprehensive Plan and the Shoreline application to see how it, you don't have a copy? .. VanDerbeek: Well, I was going to ask is there a readable size copy of the site plan because this, well , because the one attached to the staff report is so condensed that you need a magnifying glass to read it and I really can't read this one either. There wasn't one in my file, usually there is. Hudson: Here is the revised one. VanDerbeek: All right, thank you. Hudson: As I was saying, the Comprehensive Plan was. . .the City-wide Comprehensive Plan was adopted by the City in 1969 . We use the goals, objectives and policies of this Comprehensive Plan to analyze any development within the City to see if it meets the requirements and expressions of the community' s intentions and aspirations for development within the City. The, this development falls within the Valley Floor Subarea Comprehensive Plan. It' s designated Open Space on both the City-wide and the Valley Floor Comprehensive Plan. Under 3 Hearing Examiner Verbatim Minutes Signature Pointe #SMA-88-4 the Human Element of the goals and policies, the overall goal is to assure that Kent residents (reside) in an aesthetic and healthful environment. This proposal. . .along. . .because it's being developed along the Green River needs to take careful consideration and enhance the aesthetic qualities of the City while taking advantage of the natural amenities that exist on the site and show some sensitivity to the river. The project is proposing to cluster the units in or building clusters. This way they leave more open space than stringing them along the river. They have entry courts, interior entry courts into each of these clusters. The larger open spaces are going to be used recreational amenities that they are also providing as part of this project. These recreational amenities include a swimming pool, a gymnasium, a day care center and meeting and lounge areas . The location of these need to be taken into consideration and design to enhance the views of Mt. Rainier that are available on this site and the views of the river too. At this scale, you can't really tell what the design is. A typical landscape was submitted; with this section provided for this project and it shows that this landscaping will be sufficient to meet Zoning Code requirements and they will also meet the shoreline requirement of 15 feet along the river and this should enhance the river area as well as buffer the development. . .the river from the—the development from the river side. The Valley Floor designation for this property is MF, Multifamily, and Open Space. The MF, being the northern portion and the Open Space being the southern portion. Under the goals and policies of the subarea plan under Waterways, the Overall Goal is to provide for preservation of valuable water ways. A policy under that is to retain vitally need natural buffer strips along the Green River. The developer does propose to provide a landscape buffer between the dike and the development and they intend to leave the river' s edge undisturbed. The buffer strip will include evergreen trees, deciduous trees, shrubs and also wildflowers and grasses. And, it will be a minimum of 15 feet in width. Under the shoreline program, this shoreline area is designated as Urban Environment. And, the goals and policies in the shoreline area of the section under Public Access Element is that the goals. . . river' s edge be made available to the public for use. The developer intends to provide public access along the Green River. They intend to dedicate 50 feet along the length of the river and a requirement of the EIS is that they provide a bike path along the _.. river. VanDerbeek: How come I didn't get a copy of the EIS? Hudson: You didn't get a copy of that. 4 Hearing Examiner Verbatim Minutes Signature Pointe #SMA-88-4 VanDerbeek: No. I didn't get a copy of the EIS and I didn't get a copy of the conditions until right now and they are quite a few pages long. Is the EIS available? Hudson: Yes, I can get you a copy. A typical landscape plan for the proposed development shows access points at least at every building cluster along the river so that works out to be about one access for every 250 feet. The shoreline requires one for every 1, 000 feet. They are also providing public parking as required by shoreline regulations. The parking area is proposed north of the bridge here, in this area, and they intend to have a 32 parking stall . According to rough calculations of their river frontage being 4 , 800 feet, they are required to have at least 27 stalls. The Planning Department reviewed the application in relationship to the Comprehensive Plan, the present zoning of the land, the land use in the area, the street system and flood control problems and any other comments from the departments--City departments. Oh, I forgot we got a letter from the Fire Department, let me give this to you, regarding access. VanDerbeek: There was a copy of that here, when I came in, indicating that the Fire Department would prefer two access points. Hudson: Yes, they prefer that the development have two access points. They can't actually require it by the Uniform Fire Code but upon re-reviewing the application, they would prefer to see two access points. Now, there' s one coming off of 64th and going under the bridge. VanDerbeek: How high is the bridge? Hudson: I 'm not sure on that. There is a condition in the environmental. . .the DNS , that the Washington State Department of _. Transportation requires that the developer must provide adequate clearance under the bridge for any emergency vehicles or City maintenance vehicles along the dike road there and at 16 feet. I think it' s 18 feet. The developer may know the correct answer for that. So the staff recommends, upon reviewing this application and discussion of the merits of this request, and the Code criteria for granting a shoreline development permit, that we recommend approval for the substantial development permit. VanDerbeek: With no conditions? Hudson: With no conditions. VanDerbeek: In the event that, that I recommended conditional approval of the shoreline permit, what, if any, further review or permits would be required prior to the issuance of building permits? 5 Hearing Examiner Verbatim Minutes Signature Pointe #SMA-88-4 Hudson: Prior to issuance of building permits, they would have to meet all shoreline regulations, the Green River Corridor Special Interest regulations, which is part of the Zoning Code, any MRM zoning regulations for development and they'd also have to meet all the conditions of the environmental checklist--the DNS that was issued for the EIS. VanDerbeek: Do those conditions adequately address and require mitigation of the proposed traffic impacts of the development, in your opinion? Hudson: Now the traffic, just for your reference here, the traffic conditions are outlined on page it of the Decision Document that you have there. VanDerbeek: My document does not have any page numbers. Hudson: Oh, it doesn't, sorry. It's under environmental checklist #ENV-88-21 and 35 and then it says Transportation Systems. VanDerbeek: My page 11 is talking about surface water drainage conditions. Is that the right thing? No, this is ' different because this is a 22-page document and that document is only 11 pages long, that I got before. Hudson: Well, this is combined with two. It's Environmental Checklist #88-21 and Environmental Checklist #88-35 . VanDerbeek: Were there two environmental checklists? Hudson: Originally they intended to phase the project in and then it was combined into one. The transportation conditions are outlined on, did you find them, on page 11. One is to improve 64th Avenue and meet collector standards with a cul-de-sac turnaround; the second is the condition that the tran. . . VanDerbeek: Collector standards is what. . . to refresh my recollection, what do. . . Hudson: Collector streets as designed by the Engineering Department, the design criteria from that as opposed to arterials, the width and. . . VanDerbeek: Right, but one lane in each direction. Hudson: Right, with curb, gutters, sidewalks, street lights, that sort of thing. It' s currently at collector standards, I think, except for the cul-de-sac turnaround because right now it' s 44 feet width and there' s sidewalks--I believe they're on both sides. I know on the Riverwood side. 6 Hearing Examiner Verbatim Minutes Signature Pointe #SMA-88-4 VanDerbeek: Is the Traffic Engineer here? Hudson: Yes, he is. VanDerbeek: Well, I have questions about how 293 vehicles are going to stack into this site on a collector street, so that' s going to be my question. But, I have some other questions for staff, too. All right, what' s the radius of these European looking turn around things on this site, do you know. Hudson: This one in the center has the landscape island in the -• middle so it' s like a circular drive. I don't know the actual radius. VanDerbeek: How wide are the access or the roads that go--the access roads that go throughout the site? Hudson: The minimum is 20 feet--under the bridge. VanDerbeek: Well, how would fire trucks be able to ingress and egress the site. That ' s my question. With 20 foot lanes and, I don't really understand this site plan particularly since it was just given to me. But, it kind of reminds of Roman, quite frankly, an Italian city, and I 'm just wondering how if there were a fire or other need for emergency equipment, whether they would be able to get through here, how would that work? Hansen: Excuse me, we have a representative of the Fire Department here that can address that. VanDerbeek: All right. Hudson: I ' ll let Larry answer that. Do you have any other questions for the Planning Department? VanDerbeek: Well, I understand that this southern portion, the site is zoned for multiple family uses but since the site is designated in the Comprehensive Plan as Open Space perhaps you can explain how the recommendation was reached that the proposal was consistent with the Comprehensive Plan. Hudson: Our Comprehensive Plan, unfortunately, does not have definition of what Open Space but the goals and policies of any development within the City and especially along the river are that we protect the environment. And the river area, we require a buffer along there and that would provide open space. Initially, the development by clustering the buildings there, they are allowing more open space within their project that will be used for recreational use by the residents and also the access points along the river will 7 Hearing Examiner Verbatim Minutes Signature Pointe #SMA-88-4 allow. . .will provide open space and recreation use for the residents of the City of Kent. VanDerbeek: But, how would the residents find the public parking and the access points in this development, there's no recommended condition that there be any signs like there are often times have been in other riverfront developments where public access is provided. Hudson: We could require that as a condition. I did talk with the developers about signing the parking lot that it is public and they had not problem with that. So, I didn't see that it was necessary to require that as a condition. VanDerbeek: Well, I have. . . I feel like I have a lot more questions but since I only got the SEPA conditions today and I only got the site plan today and I don't have the environmental impact statement, I can't ask any more questions, so I 'm not going to at this time but I suspect that we are not going to conclude this hearing today. Thank you for your testimony. All right, I will hear either from the Fire Department representative or the Traffic Engineer, whatever, I don't care, whoever wants to go first. Larry Webb: Larry Webb from the Fire Department. There has been about three versions of this drawing. At one time, our access in here was going to be a fire lane, no parking through this area and any turnaround that we needed would be here, here and here. We can reach all the units by just staying on this access road right here. These are short enough little stubs here that we did not need a turnaround. VanDerbeek: What if there were cars parked on this road? Larry Webb: The last width of this road, I don 't remember the footage. If it did not meet our access width then it would have to be fire laned and marked as it would underneath the bridge here and I believe that' s about 20 foot. . . 20 to 25 feet in height and there' s no problem there for the fire department. But it would basically have to be fire laved all the way in from 64th, if it wouldn't meet our access. VanDerbeek: Do you have any idea how long that is? How long is that? Webb: From. . .total? VanDerbeek: Right, I mean, if it was fire laned all the way in. . . Webb: It could be red paint from Meeker to the end of the road. 8 Hearing Examiner Verbatim Minutes Signature Pointe #SMA-88-4 VanDerbeek: Right, and as a former Traffic Magistrate, who has just spent five years in Traffic Court, that's a lot of parking tickets. I mean, how long is that, do you know? Webb: I don't remember the length, I sure there's representatives here that. . . VanDerbeek: All right. All right, but you could turn around adequately in this round part if you needed to. Webb: But the last. . .any cul-de-sac here we have minimums that have to be met and they have been met on the drawings that we did read. VanDerbeek: All right. Thank you for your testimony. Is there any testimony from the Traffic Engineer? Ed White: My name is Ed White and I represent the Traffic Engineering. The only comments that we would have are that as a result of this development they are required to install a traffic signal at 64th Avenue and Meeker Street. This development, the Greenriver Condominiums , any improvements necessitate . . . . substantial . . . .by private development will not be constructed with public funds. We also as part of the signal installation at the intersection would require a right-turn lane at the intersection of 64th and Meeker. VanDerbeek: Was it your understanding that a traffic survey was part of the environment impact statement. White: Right, there was a traffic impact analysis done. VanDerbeek: Well, I guess, I was just wondering if the estimated traffic impact was 3 , 600 trips per day, 296 p.m. peak hour trips, and there' s only one ingress and egress point and it' s only a two lane road. . . White: How can you do that. VanDerbeek: Right. Where are all these cars going to go. I mean how long is it going to take all these people to get into here. White: O.k. , as identified in the traffic impact analysis for the Triad Development Company, it' s done by the firm, Transportation, Planning and Engineering. They 've identified. . . As identified in the traffic impact analysis prepared for the Triad Development Company by Transportation, Planning and Engineering. They've identified 1990 projection with traffic volumes generated by the site of. . .now, this primarily during the p.m. hour of 119 vehicles going in and 94 going _•, out. They have a projected traffic volume of 3, 600 vehicles per day 9 Hearing Examiner Verbatim Minutes Signature Pointe WSMA-88-4 which would. . .could be accommodated by a two-lane roadway. I 'm not sure if you have a copy of the analysis. VanDerbeek: No, I don't. And, I ' ll have to review that prior to the next hearing. White: Because, I 'm not sure. . . VanDerbeek: Well, 119 plus 94 is 213 p.m. peak hour trips. There' s other testimony in the record that there 's 293 p.m. peak hour trips. How many p.m. peak hour trips are there from this development. White: Well, I 'm not sure where your figure came from. I can - presume that they were from the Environmental Impact Statement. VanDerbeek: They were from Planning staff. White: O.k. The reason why it' s different is that the way we supply the original numbers was based on trip generation manual where we took the basic land use and based on this, its called the Institute of Transportation Engineers Trip Generation Manual which is a national publication that. . . VanDerbeek: I 'm familiar with it. So, you are saying that that the figures given by the Planning Department were from the ITE trip generation and that the figures you just gave were from the site specific traffic study. White: Correct, so ours would be a lot more general than the traffic analysis would be. VanDerbeek: So, which ones are correct, in your opinion? White: I would say the ones based on the site analysis with the traffic analysis since they are actually based off of computations and traffic counts where the ITE manual was based off of more generalized assumptions. VanDerbeek: Well, in your opinion, is the ingress and egress to the site adequate to handle the 119 p.m. inbound trips? White: Yes, it should be, provided there was signal at the intersection of 64th and Meeker. VanDerbeek: All right, I don't have any further questions at this time. I would, however, indicate that I feel that I can't ask meaningful questions concerning traffic impacts without having reviewed the traffic study which was not provided to me previously, sot I would like to request that someone from the Traffic 10 Hearing Examiner Verbatim Minutes Signature Pointe #SMA-88-4 Engineering Department be present at the time of the next hearing so that I can have the benefit of asking informed questions after I had read the traffic study. White: All right, o.k. VanDerbeek: Any further testimony from the City. All right at this time I will hear the testimony of the applicant or the applicant' s representative. Fred Grimm: My name is Fred Grimm and I 'm with the Triad Development, the proponent of the shoreline permit. I 'm sorry that __. you don't have the information that would have given you the opportunity to review this beforehand. We've submitted everything that' s been asked of us to the Kent Planning. The shoreline, the Kent Shoreline Master Plan, I should say the zoning for this property tells us that we can build apartments at this location and tells us how many we can build. The Kent Shoreline Master Program, the Comprehensive Plan and the Valley Floor Plan tells us how we are going to build those apartments. It sets forth goals, objectives and policy points within which should guide the development. . .guide the nature of the development. What we have proposed has taken into consideration those goals, objectives and policies and I would like to set in somewhat more detail some of the aspects where those are met. I would first like to provide you with a copy of a letter that is addressed to Libby Hudson with regard to some points in the staff report where they had a few concerns about changes that would have to -- be made. You have already before you a copy of the amended site plan and specifically, there is a question with regard to the existence of some impervious surface within 75 feet of the centerline of the existing dike that has since been adjusted so there is no impervious system within that 75 feet. The revisions also indicate that 554 units are now being proposed which is a density of 14 . 3 units per . acre. Going back to the zoning which tells us how many apartments we can build a maximum density would be 890. VanDerbeek: 890 units? Grimm: 890 units. You asked about the designation. . .of the open designation of the Comprehensive Plan and how that fits in conjunction with the multiple zoning and the way it does is by limiting the density by requiring these other things to be considered, particularly the shoreline. In this shoreline area itself, we have a density of approximately ten units per acre. There - is a total of 168 acres located. . . . excuse me, 168 units that are located within the 200 feet range of the river which the shoreline master plan is concerned with. 11 Hearing Examiner Verbatim Minutes Signature Pointe #kSMA-88-4 VanDerbeek: When you are referencing the shoreline area, do you mean the density of ten units per acre is limited to the area within 200 feet of the river. Grimm: Correct, that is not a specific requirement, that is what it ends up being after we've considered all the policy points of the shoreline master plan. So, if you were only to consider the 200 feet area from the high water mark, we would only have the density of ten units per acre within that area. That' s how the two interplay. The other modifications that have been made and corrections that have been made is that the courtyards have been expanded so that the buildings are separated by a minimum of 20 feet. There was a point raised about a couple that were not, that has been corrected. In addition the location and the height of the buildings have been clarified with regard to the 200 foot setback so that there are no buildings over 35 feet in height within the 200 feet of the shoreline. And, there also been some corrections with regard to the landscaping, in terms of the buffering in the public right of way. VanDerbeek: And, those are all reflected on this site plan dated June 9? Grimm: Correct. VanDerbeek: All right. Do you want to offer the letter as an exhibit to the hearing? Grimm: Yes, I would. I would also like to offer the corrected site plan as an exhibit. VanDerbeek: Right. We' ll have the corrected site plan marked as an exhibit, would that be Exhibit 2 , the file is Exhibit 1? All right, the site plan will be Exhibit 2 and the letter will be Exhibit 3 . - Grimm: In terms of my presentation I have a number of different people who have assisted in various stages of the design and development aspect of this project and I would like to call them up specifically to address different points with regard to the question of how we develop this property since the decision of a number. . .since the question of zoning is not an issue. The first person I would like to bring up is Beth Mountsier who is the architect at Driscoll . VanDerbeek: All right. Grimm: She' s going to talk about design concept. Beth Mountsier: My name is Beth Mountsier. I 'm actually the project manager with Driscoll Architects, address: 2121 First Avenue, Seattle. 12 Hearing Examiner Verbatim Minutes Signature Pointe WSMA-88-4 VanDerbeek: All right, would you please spell your last name for the record. Mountsier: It' s M-o-u-n-t-s-i-e-r. VanDerbeek: Thank you. Mountsier: I guess the points that I wanted to address is how the site plan is arrived at and what the goals and objectives were of the architects on the project. As Mr. Grimm stated because of the original site plan that was submitted to the Planning Department and their comments on it, we have revised the site plan. We now have 554 units on the site. There are a number of different things that we've tried to do. . .one is that the area north of SR 516 is primarily what we are calling a family area has mostly three bedroom and two bedroom units. The day care facility and the family pool are located in that area also to take advantage of the families that might be located there. Then we have another area around the recreational facility which we are calling more of passive family area which has a lot of two bedroom units and so on and the rest of the site is a mixture of units. One of the things that we've realized that •the public in Kent ._ and the public officials are concerned is sort of the scale and massing of the buildings. What we 've tried to do. . . .we have a variety of almost--it' s 9 to 10 different units and . we have nine different building types. The buildings range from two story to three story height with the two story buildings within the 200 foot setback of the river and the three story buildings being towards the interior of the site and that' s what Mr. Grimm was referring to about the density being much lower along the edge of the site. VanDerbeek: I 'm sorry, anywhere on the site plan, does it say, how does one tell by reading the site plan which of the buildings are two or three story. Mountsier: The buildings that have. . .that are all initialed like 2A, 2B, 3A, 3B. Any three-story building has a three in front of it, the two-story buildings have a two in front of it. The attachment to the site plan that you received shows the, the second page there, shows the dimensions of all the buildings. There's also a scale on the drawings. I guess, what we were trying to do with this site is primarily to run one boulevard through the site that organized it with the buildings in clusters so that each one of those created sort of an identify for themselves. We've already had approval by the post office that we can locate like little mail box kiosks at each one of those clusters. So that there. . . it' ll be as if you are entering one little area for each grouping of buildings. We also tried to site the more public buildings on the site in places where they could take advantage of the views and the rec facility right now is right in the center of the site as you come into that center sort 13 Hearing Examiner Verbatim Minutes Signature Pointe #SMA-88-4 of plaza. And, the lounge areas and so on are located to the north with views looking toward the south, toward Mt. Rainier. The other documents that I brought along was a comparison study that we did in our office. I think there has been a lot of concern about the project that's to the north of us, Riverwood which has almost no modulation, buildings are all three stories tall and when we went out and looked at how long they were, they are close to 195 feet long. The longest of our buildings is 118 feet with most of them, most of the long buildings being around 114 feet and the smaller two-story buildings are, as shown on the plans, are more. . .well, 50 x 52 , 60 x 57 , so they are a lot smaller, so this is another. . . VanDerbeek: All right, we' ll mark that as Exhibit 4 . What is this, this is a comparison study of apartment buildings which will be marked as Exhibit 4 to this hearing. Mountsier: And, I guess the last thing that I wanted to comment on, in terms of trying to achieve a lot of different building types and different roof forms, we were also aware of the visibility of the site as you drive over SR 516 and that was a major reason for planning the boulevard down the center of the site so that it looks like it is organized and reflects sort of the geography of the river wrapping around the development. And then the roof forms varying so that you are not just looking at a sea of buildings that are all exactly the same but, in fact, we have a lot of different gabled roofs and varying heights and so on. VanDerbeek: What are the dimensions of the recreation facility, how large will that be? Mountsier: The total building area shown there is around 10, 000 square feet. Part of that building will be used for maintenance, what do I want to say, maintenance vehicles that can be stored that actually go out and pick up the trash from the different trash locations around the site. And, there' s also an outdoor pool at that . area, between the two legs of the building. VanDerbeek: Well , do these buildings have garages? Mountsier: Some of the buildings do have garages. The ones that front along the boulevard, the buildings, in fact, that are marked 3B are similar to townhouse structures in that their garage is on the ground floor and the units are above those. Then there are also enclosed garages in the parking areas and some carports as well. VanDerbeek: Is there any visitor parking on the site? Mountsier: Yes, we're required to provide 27 trail/access parking stalls. The majority of which we are providing in that lot that' s to the north of SR 516 and then we were also going to provide the rest 14 Hearing Examiner Verbatim Minutes Signature Pointe #SMA-88-4 of them on the south portion of the site where's there, back by the recreational facility. I think your question that you addressed to ... Libby about signage was something that we had discussed with the Planning Department that we are planning on having, I believe, as part of the requirements of the shoreline permits that we designate and mark those parking spaces as being public spaces. There are also parking spaces that are provided for the recreational facilities that are in addition to the 1. 8 parking stalls per units. VanDerbeek: Well, how many parking stalls are there. . .does it say somewhere on the site plan how many parking stalls there are versus how many are required? Because what often times I have seen in these _.. large multiple families developments is that the developer assumes that the people who live in these units do not have company. So there' s nowhere for Company to park when they come over. The 27 parking spaces are not visiting parking. They are parking for people. . . for members of the public who are accessing the river. And so, like when people have company over and there's only 1. 8 spaces per unit, I 'm just wondering, I mean you ' re the architect, I realize, I don't know whether you designed the parking, did you? Mountsier: Yes, we have been working on the parking. VanDerbeek: Well, so do you have any opinion or is there any. . . Mountsier: Well, I think, the other thing. . .what's required by MRM zoning is 1. 8 parking stalls per unit but then when you also look at the composition of the units, the mixture of one bedroom, two bedroom, and three bedroom units and how many cars are actually going to be needed, we felt that 1. 8 parking stalls was adequate. VanDerbeek: Well , how many one bedroom units are there? Mountsier: That figure I can't pull off the top of my head. It' s split fairly evenly, that there. . . . out of 584 ,it' s like 201 one- bedroom, 202 two-bedroom and then the rest are three-bedroom units. VanDerbeek: All right. Thank you for your testimony. Did you have any other comments. Mountsier: No, I do not. VanDerbeek: Thank you. Further testimony on behalf of the applicant? Grimm: Yeah, and this would. . .and, some of the things that she had discussed. . . VanDerbeek: I 'm sorry, could you identify yourself again for the record. 15 Hearing Examiner Verbatim Minutes Signature Pointe #SMA-88-4 Grimm: I 'm Fred Grimm, Triad Development, the applicant. Some of the things that were addressed by Beth, again, touch into the one of the policies of the City-wide Comprehensive Plan and the Open Space as outlined in the staff report. Instead of just building apartments on a regularly zoned piece of property without consideration for these policy points we are changing and adding a lot of extras that would not otherwise be required and that is why we showed you the difference between the elevation at the Riverwood and the elevations here to show that the aesthetic goal is being achieved, is being pursued by these different design criteria. The reason why we are here in front of you is because this site is unique along the river's edge. Otherwise, there would be no shoreline permit process. VanDerbeek: I know that. I know why you are here. Grimm: Good. The protection of the river, I would like to have that - addressed by Tom Rengstrof our landscape architect. VanDerbeek: All right, good. Thank you. Tom Rengstrof: My name is Tom Rengstrof. I 'm the landscape architect on the project. My address is 911 Western, Suite 412 , in _. Seattle. You spell my last name R-e-n-g-s-t-r-o-f. I was originally retained to look at the site planning as well as the perimeter and what we' re going to do along the edge of the project. And, essentially, as we see it right now we are going to maintain the existing buffer of vegetation along the shoreline, it will not be touched in the dike area to the water. No trees will be cut and the shoreline area will remain as is. No large trees or as required no - trees larger than 4-inch caliper will be disturbed as well. . .well, basically no vegetation from the dike down. The owner will provide trails from the cluster as Libby mentioned, to the Green River Trail _.. System on a regular basis and on a much shorter required quantity than the 1, 000 foot as required by the City. Once the levee work .has been completed by the County or what requirements will be done to do the levee work, the owner will put in pass systems with benches, bike ` trail, and then that system will then connect to the trails that he' s providing from the clusters, from the units. There ' s also a discussion right now of providing a fitness trail, exercise stations along that trail . So, essentially, what is happening is that the buffer is becoming a linear park and the client is providing a nice park for the community use. The 15 foot buffer along the project essentially screens the building clusters and the parking lots from the trail system. This is done with a combination of berming and large plant material to meet the six-foot high regulation at the end of the parking lots. We are going to use evergreen trees, shrubs, grasses, wild grasses and wild flowers to meet that requirement. Because of the style this particular client feels towards landscaping, I think I want to mention that they have a very strong 16 Hearing Examiner Verbatim Minutes Signature Pointe #SMA-88-4 feeling towards upscale landscaping on their projects and that their budgets are considerable more than projects I 'm giving in the area, say Lake Fenwick which is probably a quarter of a mile away--we have twice the budget and easily twice the landscape or is being put in their now by the Mueller Group. And, I say that because I designed Lake Fenwick. With the 75-foot dike. . .setback from the dike to the building edges we have essentially if you count from the water, we have a 100-foot of linear park from the river's edge to the building clusters for the project. The view from the freeway then, as you look along these linear parks or as you look south, here from the freeway, looking • south, you will see both sides of the project which is essentially a 100 foot park which will be then as you add both of them up, 200 feet plus we are providing a 50 foot boulevard worth of planting down the center of the project. That will give us a visual consistency of approximately a third of the width of the project looking south of landscape planting. VanDerbeek: Just a minutes, I 'm sorry, there' s going to be plantings down the center of the boulevard? Rengstrof: The boulevard, if you can think of a street tree system, a double row, actually a double row of planting on both sides of the boulevard. Four, a double row, so there would be four sets of trees across proceeding south, similar to maybe New York or a larger more urban environment that has, you know, the need for more trees. And, what we are going to have that way is a stronger clustering of a large tree and we are anticipating putting at least a three-inch caliper, 14 to 16 foot trees in, so the impact will be immediate. That way, as you look south, you' ll see both green belts on both sides as well as a boulevard green belt down the middle and it will really help reduce the scale of the project being its 750 feet wide and we are providing 250 feet of it in a very upscale landscape development. The foreground, also, looking south will be dominated by a water feature or a fountain in the center of that large " turnaround in front of the rec building. That will also be shown as you. . . it will act as a visual anchor to the project as you are going on 516 looking south. The focus will be. . .on the three roads coming together in the center in front of the recreation building and yes, it does have a Rome or European feel to it and that ' s the idea of plazas and turnarounds in courtyards. It isn 't something you see in a lot of apartments today and I think it ' s going to be very, very attractive. The shrubbery will be above average, large in quantity, evergreen shrubs, trees. We are planting trees along the edge of the right of way of the freeway to help screen the parking lots there as well as block or downscale the massing of the buildings along the freeway but also not block Mt. Rainier and the view of the fountain and the boulevard. Questions? 17 Hearing Examiner Verbatim Minutes Signature Pointe #SMA-88-4 VanDerbeek: Well, another witness indicated that the center of the plaza, is that what you called it. . . Rengstrof: Well, there' s a turnaround plaza with a fountain in it, o.k. VanDerbeek: Right. All right. That' s where another witness indicated that there was going to be landscaping in the middle. Rengstrof: Well, there ' s also going to be landscaping with seasonal color around the edge of the fountain. VanDerbeek: How large will the fountain be, do you know? Rengstrof: We are designing it this very minute. And, the fountain, I can just say, that these smaller radiuses or the radiuses on these -. smaller turnarounds here are •45 feet. This one is considerably larger than that. I would say at least 30 to 40 foot across. VanDerbeek: All right. Thank you. I don't have any other questions. Thank you for your testimony. At this time, prior to the next speaker' s testimony, I 'm going to take a brief recess because I have to make a phone call prior to five o 'clock. However, I think at this point I need to determine the number of witnesses who intend to testify. Generally, these hearings don't last much past 5 o' clock and I suspect that I 'm going to have to continue the public hearing. However, there is a procedure in the ordinance to set these hearings in the evening time if there is a lot of public interest and so, I guess, at this point I would like to inquire how many interested members of the public who are here intend to testify in the hearing? So about eight speakers. . .nine. Does anyone have a preference with respect to the time of the next hearing whether it be in the daytime or the evening time? (Voices stating evening) . All right, so the public is indicating that they would prefer the hearing to be continued to an evening time. Is there any objection from either the City or the applicant? (No objection) . Well, the ordinance is fairly clear that when public interest is expressed in having the hearing in the evening, that we have the hearing in the evening. How many more witnesses does the applicant have? Three more. . . all right, well I don't intend to place any limits on anyone 's testimony and so at this point I will take a brief recess and when we reconvene I will determine whether we should just continue the hearing at that point until the next date or whether the applicant wishes to complete his presentation this afternoon. One of the applicant' s representatives: May I ask the Examiner, if your possible extension time would be greater than a week from now I will be out of town and my testimony would be only about three to five minutes max. 18 Hearing Examiner Verbatim Minutes Signature Pointe #SMA-88-4 VanDerbeek: All right, well, the date I was thinking of was July 6, so. . . Voice: That 's when I return. ,.. VanDerbeek: All right, well , I don't have any objection to hearing a couple more witnesses . I mean I don't turn into a pumpkin at 5: 00. All right, we ' ll take a brief recess. We are back on the record following a brief recess in the matter of the Signature Point Shoreline Management application File #SMA-88-4 . Prior to the recess the applicant' s representative was going to continue testifying. Do you wish to continue your testimony at this time. Ralph Krutsinger: Ralph Krutsinger, K-r-u-t-s-i-n-g-e-r, with Group IV Engineers related to the civil engineering for the project. Basically, I would like to clarify some of the aspects that you may not have been given in your data and for the record the collector street 64 entering the site at the northeast corner is 44 feet of paving with curbs, both sides and a sidewalk, one side. In that street are the utilities, sewer, water and storm drainage system _. which we contemplate connecting to. The turnarounds that were on the drawing have been reviewed with the Fire Department and, we believe, meet the requirements as Mr. Webb stated. The construction of the streets within the project will be 24 feet wide, curb, to curb, with no parking contemplated between that area. All parking will be off of the boulevard as Mr. Rengstorf indicated the trees will be outside of the curb and behind the curb. VanDerbeek: How long is that street? That boulevard? Krutsinger: From 64th. . . VanDerbeek: Um hum, all the way in. Krutsinger: Oh, approximately 800 feet, thereabouts. I may not be accurate on that distance. The storm drainage is rather unique from the standpoint that we will not be discharging into the Green River at all from our site. The storm system is comprised of drainage swales, glass lined swales and a piped system, which at the request of the City will connect from the southerly point of the site through natural swales of grass-lined. . .excuse me, grass-lined swales commencing flowing water this direction, picked up in a pipe and carried by a pipe throughout up to 64th, the northeast corner. The grass-lined swales on the far side also being collected into a storm system and transported on up to 64th where our only existing storm system is. As I indicated the sewer and water will be connected at 64th and all the criteria has been discussed with the Engineering Staff and those plans basically, at this stage had been agreeable. 19 Hearing Examiner Verbatim Minutes Signature Pointe #SMA-88-4 The bridge clearance with the existing ground at the lowest point is around 18 and one-half feet and that is in compliance with one of the conditions of the mitigated DNS that said we must have 18 feet of clearance. VanDerbeek: All right. Thank you for your testimony. Does the applicant wishes to give further testimony? Grimm: I would like to discuss. . . VanDerbeek: I 'm sorry, I can see you but the record can't. Grimm: Frederick W. Grimm, Triad Development. You had asked some questions about mitigation that was required that corresponds to any traffic concerns. Part of that has been already addressed with regard to the stop light at 64th and Meeker. We are also going to be participating in a stop light at 64th and James Street to the north of the property. We are executing a no-protest LID agreement with regard to the 222nd Street Corridor with an estimated contribution of over. . .of approximately $125, 000. We are working with Metro to provide information and set up a commuter exchange in the facility, have Metro rider information pamphlets and metro -transit maps. We are also pursuing the idea of having a peak hour shuttle to the Kent park and ride provided as part of the service of the management. . .professional management of the completed project. We include bicycle racks, storage areas to the site to help reduce some of the sidewalk traffic. I 've got a letter that, again, is addressed to Libby Hudson that outlines the mitigation in. . . for the traffic concerns. I would like to present that as an exhibit. VanDerbeek: All right, that can be presented as, I believe, exhibit 6 , is that right, Chris. . . . five. Grimm: I also have. . .would like to present as an exhibit, a copy of the traffic impact analysis that was done by us that apparently you haven't received yet. It was prepared by Transportation Planning and Engineering, Inc. VanDerbeek: All right, good. We' ll make that exhibit 6 . Grimm: And, as exhibit 7 , a letter that supplements that, dated May 27 , 1988 , and it addresses the vehicle backup potential at the stop light, addressing those concerns. VanDerbeek: Who' s the letter to? Grimm: The letter is to Fred Grimm from David Inger of Transportation Planning and Engineering, Inc. If this hearing is going to be continued as suggested, I will have the Traffic Engineer that performed the study here to answer the questions directly. 20 Hearin Examiner Verbatim Minutes Hearing , Signature Pointe #SMA-88-4 VanDerbeek: All right, thank you. Grimm: The last person I would like to come up for the appellant today is Walt Smith of the Goodman Management Group who will be providing the professional management services for the completed project. VanDerbeek: Do you want me to ask you or Mr. Smith where the company -• is going to park? i Grimm: You can ask Mr. Smith. Walt Smith: Walt Smith, Goodman Management, address: 320 Andover Park E. , Seattle. I 've been involved with the project in the planning stage as far in making the project work from a management view point. Such things as the unit mix, how we would go about taking care of the landscaping, discussions of the amenities and how they would be involved in, the clubhouses and just the overall management of the project. I guess to profilate a little bit, but the landscaping will be professional landscaping with a landscape contract, there will also be professional security which will be patrolling during the evening hours from approximately 8 to 8 . As far as the amenities are concerned they have placed in a manner which we feel will take advantage of views of Mt. Rainier and views also of the river shoreline. Any questions. VanDerbeek: Well , will part of the security person's job to be to enforce some people parking on the boulevard. Smith: Most definitely. If it is indeed fire lane, wherever there is a fire lane, that is part of their job and those rules will be laid out strictly when someone moves in that if they are in a fire zone, they will be towed. VanDerbeek: And, as someone in the management end of multifamily housing, isn't it your opinion that it' s important for residents of multifamily units to have places for visitors to park. Smith: No question about it. I have been involved with projects that have had as low as 1. 4 to 1 ratio of parking and the only way that could be made to work is to designate every parking spot. When you approach two to one and you have a unit mix as there is here with over 50 percent of them towards the adult, less than fifty percent towards the family units where you are more likely to have more than one or two cars, that' s when you run into problems and the system can .•• be set up, in the case of this exact project where there is ample parking in each one of those sections and when the exact family sections are identified and they have been in general . But, there are several buildings on the edges of those which could go either way 21 I Hearing Examiner Verbatim Minutes Signature Pointe _ #SMA-88-4 because they are two bedrooms, one bathroom units, that will be designated visitor parking. VanDerbeek: But, if you are required by the Code to have 1. 8 spaces per units and you designate it visitor parking then you are probably taking away from the required number of parking stalls and, although I recognize the Kent City Code does not require visitor parking in multiple family developments and you know, I 've heard a lot of testimony of residents of other large multiple family developments in this city and others, that, that parking is a horrendous problem because there ' s no where for visitors to park and when I see a 800 foot long boulevard with a potential for probably 400 cars to park illegally then I just wonder, I guess, I mean, I guess I 'm just a practical person, and I haven't ever seen a car that' s a . 8 of a car, so where are the visitors going to park. You don't anticipate that this is a problem. Smith: Well, like I say, I 've managed, an example 453 unit project in South Tacoma called Chambers Creek Estates, we rented it up from inception and at the time it was sold and we gave over the management of it, we had set up a program where there was covered parking in areas where there was restricted parking. We made sure that we had at least one parking spot for a resident in that area and there are different ways you can set it up so that the cars will not be in the fire lanes. Like I said, there has been several other project where we've had a lot more restricted parking than this. Number 1, the Fire Department is not going to hesitate if there is a problem in alleviating it and will certainly put the pressure on us to make sure there isn't a problem because we have dealt with that in the past. VanDerbeek: All right, thank you for your testimony. Any further testimony from the applicant or the applicant 's representatives. All right. I will indicate that because of the hour, it being almost 5: 30, I am going to continue this matter for public hearing until the next regularly scheduled hearing date which is July 6 which is a Wednesday and because of the number of citizens present and the amount of public interest pursuant to the procedures for setting hearings in the evening time, I 'm going to set the time of the hearing for 7 : 00 p.m. in the these chambers. I would indicate that I need, I would like to review the environmental impact statement and so that should be submit as an exhibit to me at least ten days before the next hearing. I also as I previously stated would like to have someone from the City' s traffic engineering department available to comment on any questions which I may have as a result of reviewing the traffic survey which was not previously provided to me. In addition, I am interested in Planning staff contacting the Police Department and obtaining some input from the Police Department with respect to the anticipated enforcement problems of the no parking zone along the 800 foot boulevard and, of course, anyone can submit any other information that they want to. At the time of the next 22 Hearing Examiner Verbatim Minutes Signature Pointe #SMA-88-4 hearing I will hear the public testimony and then I will hear rebuttal testimony first from the City staff and then from the applicant. Are there any questions concerning the remaining hearing procedure. All right there appearing to be no questions, I would indicate since the hearing has been continued the rule of ex parte communication requires that I remain neutral as a decision maker. Therefore, I cannot hear anything concerning this hearing except formally and on the record where everyone has the opportunity to hear and to comment to keep the hearing process fair, so I would ask that any witness would refrain from approaching me and discussing any subject concerning this hearing with me because if you think we have been sitting here now, I would have to disqualify myself and another Hearing Examiner would have to be appointed and we would have to start all over again, so I would ask that anyone refrain from discussing any of these matters with me off the record. With that we will be in recess until the sixth of July at 7 : 00 p.m. End of verbatim minutes for June 15, 1988. c:sma884mi 23 CONSENT CALENDAR 3 . City Council Action: Councilmember a moves, Cuuncilmember P-- seconds that Consent Calendar Items A through T be approved . DiscussioVAr .... Action 3A. Approval of Minutes . Approval of the minutes of the regular Council meeting of August 16, 1988 . 3B. Approval of Bills . • Approval of payment of the bills received through September 7, IQ after auditing by the Operations Committee at its meeting at 8 : 30 a.m. on September 15, 1988 . Approval of checks issued for vouchers : Date Check Numbers Amount 7/27 - 7/29 63153 - 63170 8/2 - 8/16 63593 - 63619 330, 968 . 56 8/16/88 63632 - 63962 1,018, 842 . 95 1, 349, 811. 51 Approval of checks issued for payroll : Date Check Numbers Amount 8/19/88 108153 - 108651 586,024 . 36 63989 - 64105 58 ,730. 17 644,754 . 53 Council Agenda Item No. 3 A-B Kent, Washington August 16 , 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 and White, City Administrator McFall , City Attorney Driscoll, Planning Manager Satterstrom, Public Works Director Wickstrom and Finance Director McCarthy. Also present: Fire Chief Angelo, Assistant City Administrator Hansen and Personnel Director Webby. Councilmember Woods was not in attendance. Approximately 25 people were at the meeting. PRESENTATION American Legion Presentation. A certificate of appreciation was presented to Council President White who spoke at the Memorial Day service. CONSENT CALENDAR BITEMAN MOVED that Consent Calendar Items A through J be approved. White seconded and the motion carried. MINUTES (CONSENT CALENDAR ITEM 3A) Approval of Minutes. APPROVAL of the minutes of the regular Council meeting of August 2, 1988. -- WATER (CONSENT CALENDAR ITEM 3F) Condemnation Ordinance - Kent Springs Transmission Main. ADOPTION of Ordinance 2795 providing for the acquisition through condemnation, to acquire an easement for construction of City water main facilities, located at the following areas : on the east side of 132nd Avenue S.E. approximately 300 feet south of S.E. 272nd Streit; between 120th and 124th at the S. 286th block; and between 282nd and 274th at the South 278th block, as was approved by the Council on August 2 , 1988. 1987 Water Main Replacement. Bid opening was held on August 12, 1988, with seven bids received. The low bid was submitted by Paramount Pacific Cor- poration in the amount of $594, 393.24. The Director of Public Works recommended acceptance of the low bid. JOHNSON SO MOVED. Houser seconded and the motion carried. SURPLUS PROPERTY (CONSENT CALENDAR ITEM 3G) Upper Mill Creek Detention Basin. ADOPTION of Resolution 1179 to set a hearing date of September 6 for the sale of a house at Upper Mill Creek Deten- tion Basin which is surplus to the City ' s needs. - 1 - August 16 , 1988 SURPLUS PROPERTY (CONSENT CALENDAR ITEM 3I ) Surplus Vehicles. AUTHORIZATION to declare as surplus vehicles described in the Fleet Manager ' s memo and to offer same for sale at auction. (Vehicles 5, 20 , 27 , 31 , 34, 48 , 63 , 68, 69 , 299, 309 , 313 , 362 and 387 . ) SHORELINE PERMIT (CONSENT CALENDAR ITEM 3C) - APPEAL Triad Development Appeal (SMA-88-4) . SETTING a public hearing date for September 6,_ 1_988_ on an appeal of the Hearing Examiner ' s conditions of approval for the Signature Pointe Shoreline Sub- stantial Development Permit (SMA-88-4 ) . This appeal was filed by Fred Grimm of Triad Development, for the proposed 584-unit multifamily complex at 64th Avenue South, south of Meeker. ZONING CODE (CONSENT CALENDAR ITEM 3H) Procedures for Housing Element Work Program. ADOP- TION of Ordinance 2796 which designates procedures for amendments to the comprehensive plan, zoning map and zoning text, if any should result from the work program; grants to the Planning Commission the authority to consider and make recommendations on zoning map amendments , in lieu of the Hearing Exam- iner; specifies that amendments to the Comprehen- sive Plan may be made simultaneous with, or prior to amendments to the Zoning Code; and provides for public notice procedures for public hearings on amendments proposed as a result of this program. This work program was authorized by the Council on July 5 , 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 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 - August 16, 1988 PLANNED UNIT Satterstrom urged the Council to adopt the proposed DEVELOPMENT ordinance. Upon Biteman ' s question, Satterstrom noted that one of the goals of the committee was to streamline the process while still providing for public input, and that the time factor would be shortened considerably by allowing the Hearing Examiner to approve the applications . He also noted that any appeals would go to the Council. DOWELL MOVED to accept the decision of the Planning Committee and Citizens Advisory Committee ' s recom- mendation and to direct the City Attorney to pre- pare the ordinance. Biteman seconded. Motion carried. LITTER Litter. Jewel Melton, 23605 105th Place S.E. , noted that there is a litter problem in the shop- ping center at 104th and 240th, and also indicated that trucks park there overnight. The Mayor directed the Public Works Director and Kathy McClung of the Planning Department to look into the matter and contact Ms . Melton. FIRE DEPARTMENT West Hill Fire Station - Grade and Fill Contract. In order to complete the West Hill Fire Station in a timely manner, two phases will be required. Bids for the first phase, which is the grade and fill, were opened August 4, 1988 at 2 : 30 p.m. The Fire Chief recommended that the bid of Santana Trucking & Excavating in the amount of $245, 278 . 90 be accepted. BITEMAN SO MOVED. Houser seconded and the motion carried. ANNEXATION ZONING LeBlanc Annexation Zoning. At the Council meeting of August 2 , 1988, Dowell ' s motion to approve the Hearing Examiner ' s recommendation ( 12 units per acre ) was tabled. Ordinance 2791 , revised to reflect this action, has been distributed along with all background minutes of the hearings held before the Hearing Examiner and before the Council . Dowell withdrew the tabled motion. HE THEN MOVED to approve the ordinance changing the number of units to 12 and eliminating Condition No. 3 : ( 3 . Prior to the issuance of a development permit for a permitted use for any properties within the Leelanc Annexation area, the owner shall improve 112th Avenue, or a portion thereof, as is appropriate, in order to fully address the impacts associated with the development. This obligation may be met by agreeing to participate in the formation of and to pay its proportionate share of the final costs of a Local Improvement District to improve 112th Avenue.) - 4 - August 16 , 1988 ANNEXATION ZONING Biteman seconded. Dowell noted he proposed to elim- inate Condition No. 3, as it could be considered as " taking of property and that it appeared that SEPA would oversee this particular issue. Johnson stated that he had no problem with the language in Condition No. 3. Dowell stated that he believed that traffic mitigation procedures will be enforced on this property as with any other property. Mayor Kelleher noted that SEPA is administered by local officials and that he had authorized mitigation agreements to be utilitized until the Council decides if this is the process to be used for miti- gation traffic impacts. McFall determined for Biteman that the owners had ,., filed a letter stating that they were willing to participate in the improvement of 112th. Driscoll clarified that SEPA requirements included consider- ation of all elements of development, including traffic impact. The extent of the mitigation requirements under SEPA might not be exactly the same as that proposed in Condition No. 3. Upon White ' s question, Driscoll noted that the letter would not bind the owners to participate in the LID. White then suggested a friendly amendment to Dowell ' s motion; to provide for requiring the appli- cant to participate in an LID for improvement of 112th or to sign a "no-protest" agreement. Both Dowell and Biteman accepted this. James Graham, attorney for LeBlanc, noted that the subject is zoning of the property at this point and that development of the property would require approval of the Planning Department, as well as the Public Works Department. He noted that the owner was willing to participate in an LID for improvement of the street and for sidewalks. Resi- dents of the area had recently met at the LeBlanc ' s to discuss the problems and several had asked that their names be removed from a petition opposing the multi development zoning for a portion of the annexation. He submitted some letters to this effect as well as letters favoring the proposed zoning. These were filed for the record. _ Jeff Garrett of 23512 110th Place S.E. noted that the Hearing Examiner had expressed concern over the high density and had stated that she had no power to recommend a lower density. Driscoll clarified for Mayor Kelleher that Comprehensive Plans in this state are not rigid law and that 5 - August 16, 1988 ANNEXATION ZONING Hearing Examiners have some general flexibility in interpretation of such Plans . Mrs. Ed Smith of 23508 112th Avenue S.E. stated that the high density proposed would result in more traffic at all times, not just peak hours. She commented that retired people go places more times per day than those who are working. She com- mented that those residents without children would not want to participate in an LID because of the cost and also because trees along the right of way would be lost to a street improvement project. Ed Smith stated that the owner had stated that the higher density would save more trees on the site and questioned how 12 units per acre could save more trees than 8. He noted that those protesting the high density were concerned with the safety of the school children. He distributed sketches show- ing the kind and position of the trees for the LeBlanc parcel. He noted that he had a petition to circulate for an LID to improve the street and for sidewalks, but that the LeBlancs had not yet signed the petition. He stated he had been advised that assessments for LIDs are based on the potential for the property within the area. He suggested that the owner be required to sign a no protest agreement for an LID. Gene Martin of 11214 S.E. 234th Place spoke in favor of the LeBlanc proposal stating that it would enhance the area. He stated that he did not notice excess traffic on 112th during peak periods . Dennis Dague had earlier filed for the record excerpts from Hearing Examiner and Council hearings as well as portions of staff reports. These were included in the packet. He stated that the Kent City Code does put a limita- tion on the Hearing Examiner in respect to zoning recommendations. It was clarified that the "no protest" would apply for the single family zoned area as well as for the multi zoned. "Peak hour traffic" was clarified for Dague by the Mayor. Dague stated that both the Fire Department and the School District had noted the need for a wider street. Tilak Sharma, 11205 S .E. 235th, stressed the safety of the school children and the need for improvement to the street. He stated that the Council members should visit the area and observe the traffic con- gestion. Brian Predmore of 23230 112th Avenue S.E. expressed his concern for the safety of the child- ren, stating that the higher density would increase the traffic. - 6 - August 16, 1988 ANNEXATION ZONING Leona Orr stated that it appeared to her that the owners were seeking 12 units per acre instead of 8 in order to help pay for the improvements to the street. There were no further comments and Mayor Kelleher noted that the motion before the Council is to adopt Ordinance 2791 fixing the zoning at 12 units and changing Condition No. 3 to the following: "Prior to the issuance of a development permit for a permitted use for any of the properties within the LeBlanc Annexation area, the property owner will be obligated to agree to participate in the formation of, and to pay for its proportionate share of the final cost of the Local Improvement District to improve 112th Avenue. " At Dowell ' s question, the Mayor noted that this language would include the "no protest" provision. Upon roll call vote, the motion passed with Biteman, Dowell, Mann and White supporting it and Houser and Johnson voting against it. PARKS & (CONSENT CALENDAR ITEM 3D) RECREATION Ordinance Prohibiting Skateboarding in Parks. ADOPTION of Ordinance 2794, relating to the Depart- ment of Parks and Recreation adding a new Section 2 . 30. 223 to the Kent City Code granting right-of- way to ped=_strians within parks and prohibiting bicycling and skateboarding in certain posted areas as designated by the Parks Director. PERSONNEL (CONSENT CALENDAR ITEM 3E) Public Works Reclassification - Engineering Division. AUTHORIZATION for the reclassification of the posi tion of Administrative Assistant II, salary range 27, to Administrative Assistant I.II, salary range 32, effective August 16, 1988. The reclassification was reviewed and approved by the Operations Com- mittee at its meeting on August 1 , 1988. Funds related to this request will be provided within the 1988 Public Works budget. APPOINTMENT (CONSENT CALENDAR ITEM 3J) Arts Commission Appointment. CONFIRMATION of the Mayor ' s appointment of Jim Land to the Arts Com- mission. Mr. Land will replace Trisha Evert who has moved from the area . This term will expire 10/91 . 7 - August 16, 1988 BUDGET 1989 Budget. This date has been set to conduct a public hearing to receive input on community prior- ities and proposals for the 1989 Operating Budget for the City of Kent. Public input is accepted at this time in order to allow suggestions made to be incorporated into the 1989 budget proposal. The Mayor declared the public hearing open. Dee Ecklund, President of the Chamber of Commerce, noted that the Chamber had filed a letter for the record supporting funding of traffic issues, main- taining the contingency fund at 8% of the operat- ing expenditures and decreasing the utilty taxes to 2% on City-owned utilities and 2 . 5% on non-City utilities. The 6 . 5% tax on garbage bills is not addressed in the recommendation. Rev. Eckfeldt of the Human Services Commission, stated that he considers the allocation to the Commission to be - a strong commitment to the community. He noted that many hours are spent reviewing the applica- tions for funding and Dee Moschel explained the guidelines used i the evaluation. Eckfeldt also stated that he appreciates Kent ' s role in the Human Services Roundtable. Dee Moschel of the Kent Downtown Association stated that they appreciate the Council ' s support and that their goal is to continue to promote downtown for establishing businesses and shopping. There were no further comments and DOWELL MOVED that the public hearing be closed. Johnson seconded and the motion carried. No further action is required at this time. FINANCE (CONSENT CALENDAR ITEM 3B) Approval of Bills. APPROVAL of payment of the bills received through August 22 , 1988 after audit- ing by the Operations Committee at its meeting at 8: 30 a .m. on Thursday, September 1 , 1988 . Approval of checks issued for vouchers: - Date Check Numbers Amount 7/13 - 7/14 62643 - 62645 7/15 - 7/26 63125 - 63152 $134,095.81 7/31/88 63171 - 63592 826,868.43 $960,964.24 . Approval of checks issued for payroll: Date Check Numbers Amount 8/5/88 107509 - 108152 $639,962.25 - 8 - August 16, 1988 REPORTS Council President. White noted that he had received a letter from Dr. John Huber regarding speed limits on Canyon Drive and referred it to the Public Works Committee. Operations Committee. Houser noted that the com- mittee will meet at 8: 30 a.m. on September 1 . Public Safety. Biteman noted that the ground breaking ceremony for the North Industrial Area Fire Station will take place at noon on September 7 and all are invited. ADJOURNMENT The meeting was adjourned at 9 : 25 p.m. Marie Jense IM7C City Clerk - 9 - Kent City Council Meeting f) a Date September 6, 1988 Category Consent Calendar 1. SUBJECT: DRINKING DRIVER TASK FORCE DONATION - 2 . SUMMARY STATEMENT: Acknowledgment of a donation of $25 from Nor-Pac Systems, Inc. to the Drinking Driver Task Force. 3 . EXHIBITS• None 4. RECOMMENDED BY: Task Force (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. 3C Kent City Council Meeting O Date September 6, 1988 Category Consent Calendar 1. SUBJECT: APPOINTMENTS -•- 2 . SUMMARY STATEMENT: Confirmation of the Mayor ' s appointments as follows: Library Board - Appointment of Ted Ripley as an interim board I member until such time as Sally Hopkins can resume her duties. Saturday Market Advisory Board - Appointment of Janette Nuss as a the Citizen-at-Large Representative replacing Sally Ann Storey. This appointment will expire in October 1990. _. Planning Commission - Appointment of Gabriella Uhlar-Heffner to �l the Planning Commission to replace Nancy Rudy. This term will expire December 31, 1990. 3 . EXHIBITS: Letters from Mayor Kelleher - 4. RECOMMENDED BY: Mayor - (Committee, Staff, Examiner , Commission, etc . ) 5 . EXPENDITURE REOUIRED: $ N/A SOURCE OF FUNDS: 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION• - ACTION• Council Agenda Item No . 3D c9,08 kF�v OFFICE OF THE MAYOR T �FRk TO: JIM WHITE, PRESIDENT, CI COUNCIL FROM: DAN KELLEHER, MAYOR SUBJECT: PLANNING COMMISSION--APPOINTMENT DATE: AUGUST 23 , 1988 I have recently appointed Ms. Garbriella Uhlar-Heffner to the Planning Commission, to replace Ms. Nancy Rudy who resigned her position . Ms . Uhlar-Heffner has experience in solid/hazardous waste management, energy and land use development issues. The term of Ms. Uhlar-Heffner' s appointment will be 12/31/90. I submit this for your confirmation. DK:am cc: City Councilmembers Marie Jensen, City Clerk Brent McFall, City Administrator Jim Harris, Director of Planning OFFICE OF OF THE MAYOR DATE: August 23, 1988 C1T 7888 TO: Jim White, City Counci resident },oic/{FNT IFAK FROM: Dan Kelleher N7 SUBJECT: SATURDAY MARKET ADVISORY BOARD APPOINTMENT For your information and confirmation, I have appointed Janette Nuss to the advisory board of the Kent Saturday Market as a citizen at large representative, effective August 1988. Ms. Nuss will replace Sally Ann Storey and serve out Ms. Storey's term through October 1990. Ms. Nuss is a West Hill resident, has taken a leadership role in civic activities for the betterment of the community, and has expressed an interest in participating in community events. i OFFICE OF THE MAYOR TO: JIM WHITE, PRESIDENT, CI COUNCIL FROM: DAN KELLEHER, MAYOR SUBJECT: LIBRARY BOARD--INTERIM APPOINTMENT DATE: AUGUST 23 , 1988 At the request of Laurel Whitehurst, Chairperson of the Kent Library Board, I am appointing an Interim Board member until such time Sally Hopkins can resume her duties. I have decided to appoint Mr. Ted Ripley to this position. Mr. Ripley is a teacher in the Highline school district and has a continuing commitment to youth and education. I feel he will make a valuable contribution to the Library Board. cc: City Councilmembers Marie Jensen, City Clerk Brent McFall, City Administrator Laurel Whitehurst, Library Board Chairperson Kent City Council Meeting Date September 6, 1988 Category Consent Calendar 1. SUBJECT: CONTRACT WITH KING COUNTY 2 . SUMMARY STATEMENT: Authorization to renew the contract with King County Fire District No. 37, which authorizes the Kent Fire Department to perform fire and life safety inspections in the district. 3 . EXHIBITS: Executive summary and contract 4. RECOMMENDED BY: Public Safety Committee (Committee, Staff , Examiner, Commission, etc. ) 5 . EXPENDITURE REOUIRED: $ N/A SOURCE OF FUNDS: 6 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda •.. Item No. 3E EXECUTIVE SUMMARY REPORT INSPECTION AGREEMENT WITH KING COUNTY INTRODUCTION AND BACKGROUND In January 1985, the Kent Fire Department started providing an annual fire inspection service to the business community located within the boundaries of King County Fire Protection District No. 37 . This was the first year the Kent Fire Department provided this service under the terms of an official contract. The agreement is effective for a period of one year and must be renegotiated each year. This Kent Fire Department will make the original annual inspection plus one reinspection for compliance before the case is sent to King County for any possible follow-up action. In the past, the contract has been reviewed and approved by the City of Kent Legal Department and by Fire District No. 37 's attorney. It has also been reviewed by the Public Safety Committee. The only changes to this years contract are editorial. RECOMMENDED ACTION It is the recommendation of the Kent Fire Department that the Council approve the contract for the Mayor's signature so that the Fire Department can make fire inspections in Fire District No. 37 during 1988 . SIGNIFICANCE Without this contract, the Kent Fire Department will not be able to provide inspection services to the business community in the Fire District. By not providing this service, the Kent Fire Department will not be able to identify fire/life safety hazards within the business community. BUDGET/ECONOMIC IMPACT The City of Kent will receive approximately one-half of the permit fees ' collected within the Fire District. The City received $2 , 053 in 1987 . King County also agrees to pay the City of Kent an amount equal to the amount required to pay for any additional insurance premium attributable to the City's performance of obligations under this contract, not to exceed 1, 150. 00 during the terms of this agreement. ALTERNATIVES AND CONSEQUENCES The only alternative to signing the contract is not to sign the contract. If the inspection agreement is not signed, the Fire Department will have no control over life safety issues that relate to the Uniform Fire Code that would normally be addressed during an inspection process. µ. INTERLOCAL AGREEMENT BETWEEN KING COUNTY AND THE CITY OF KENT WHEREAS, RCW 19.27.030 provides that on and after January 1, 1975, there shall be in effect in all cities, towns, and counties of the state a state building code; and WHEREAS, RCW 19.27.030(3) provides that a portion of the aforementioned code shall consist of the Uniform Fire Code and the Uniform Fire Code Standards, 1985 edition, published by the International Conference of Building Officials and the Western Fire Chiefs Association; and WHEREAS, RCW 19.27.040 authorizes counties to amend any component of the state building code as it applies within its jurisdiction in all such respects as shall be not less than the minimum performance standards and objectives enumerated in RCW 19.27.020; and WHEREAS, KCC 17.04.020 provides that the terms "fire chief" and "fire department" as used in the Uniform Fire Code shall mean fire marshal and fire marshal's office of King County, respectively; and WHEREAS, Section 2.103(a) of the King County Modifications to the 1985 Uniform Fire Code, as adopted by K.C. Ordinance B184 provides the King County Fire Marshal's Office shall have respon- sibility for inspections and the enforcement of the fire preven- tion provisions of the code; and further provides that the Chief of a fire department or fire district, acting under the supervision of the Board of Fire Commissioners in that district, and in coordination with the Fire Marshal's Office may perform duties specified in the Uniform Fire Code within the geographical boundaries of the fire protection district, to the full extent required by the Fire Marshal's Office; and 1 WHEREAS, the City of KENT currently provides fire protection, inspections and verifies code compliance on behalf of King County within the boundaries of King County Fire District No. 37 ; and WHEREAS, King County and the City of KENT desire to ... provide by Agreement for effective inspection pursuant to the Uniform Fire Code within the jurisdictional boundaries of King County Fire Protection District No. 37 and effective administration and inspection of the Hazardous Materials Inspection/Permit Program, NOW, THEREFORE IT IS AGREED AS FOLLOWS: 1. OBLIGATIONS: 1.1 In consideration of the promises of the City of Kent King County agrees to continue to be responsible for the enforcement of the Uniform Fire Code in District No. 37 as provided for by King County Title 23, to be responsible for the i issuance of all required permits or certificates, to collect all required permit fees, to transmit and disburse to the City of KENT monetary sums as defined below in Paragraph 9; and to pay for additional insurance premium charges to the City of KENT that are incurred as a result of the City's participation in the activities described in this contract, as provided herein. 1.2 In consideration of the promises of the County herein before set forth, the City of KENT agrees to perform inspections in accordance with the terms and provisions of the Uniform Fire Code of King county, and the guidelines established by the King County Fire Marshal. The City of KENT agrees to inspect occupancies, as defined in Table 5A of the Uniform Building Code, other than single family- dwellings and those occupancies classified as "M," on an annual basis. The City of KENT further agrees to make one reinspection when required. Additional reinspections or other actions required for code compliance shall become the 2 responsibility of the King County Fire Marshal's Office. 1.3 The City of KENT further agrees to inspect occupancies within King County Fire Protection District No. 17 jurisdiction for conditions requiring permits or certificates under the Uniform Fire Code. Such inspections shall take place as part of the routine annual maintenance inspection. When a condition requiring permit or certificate is identified the City shall provide the occupant with a permit application, verify code provisions for the permitted use or material are being met, initiate corrective action when needed, and notify the Fire Marshal's office of any expired or missing permits or certificates. 1.4 If for any reason, the City of KENT cannot meet the objective set forth in Section 1.3, above, the City will seek additional assistance from the King County Fire Marshal's Office. The promise of the City to inspect occupancies is not intended for the benefit of any third party but solely to provide assistance to the King County Fire Marshal's Office. 2. TIME OF PERFORMANCE: This Agreement shall be effective on the 1 day of January , 19_.B.g, and terminate on the 31st day of December, 19_ag. i 3. AUDITS AND INSPECTION: All records and documents with respect to this Agreement shall be subject to mutual inspection and review by both parties during the performance of this Agreement and seven (7) years after termination. 4. NONDISCRIMINATION: No contractors, subcontractors, or union doing business with the County or the City of KENT , or furnishing workers or services in connection therewith, shall discriminate against any person on the basis of race, color, creed, ser, age, nationality, marital status or the presence of any sensory, 3 mental or physical handicap (provided that such handicap does not hinder the performance of the job) , in employment, and no such contractor, subcontractor, or union shall violate any of the ,.. terms of Chapter 49.60 of the Revised Code of Washington, Title VIZ of the Civil Rights Act of 1964, or any other applicable federal, state or local law or regulation regarding nondiscrimination in employment. S. MODIFICATION: This Agreement is the complete expression of terms agreed upon and any oral representation or understandings not incorporated herein are excluded. Further, any modification of this Agreement shall be in writing, signed by both parties, and made a part of this Agreement. 6. TERMINATION: _. This Agreement shall be terminated only upon thirty (30) days written notice received by one signatory, given by the other. Failure to comply with any of the provisions stated herein shall constitute material breach of contract and be cause for immediate termination. Any termination of this Agreement shall not terminate those obligations of either party matured prior to such termination. 7. EMPLOYEE COMPENSATION AND CONTROL: 7.1 King County shall be responsible for the payment of all salaries, wages, other benefits and compensation to all County employees performing services under this Agreement. Further, King County shall be solely responsible for control of personnel, standards of performance, discipline and all other aspects of performance of all County employees performing services under this Agreement. 7.2 The City of KENT shall be responsible for the payment of all salaries, wages, other benefits and compensation to all City employees performing services under this -• 4 Agreement. Further, the City of KENT shall be solely responsible for control of personnel, standards of performance, discipline and all other aspects of performance of all City of KENT employees performing services under this Agreement. 8. LIABILITY: 8.1 The City of KENT agrees to assume responsibility for all liabilities that occur or arise in any way out of the performance of this contact by its employees only and to save and hold King County and County employees and officials harmless from all costs, expenses, losses, and damages, including the cost of defense, incurred as a result of any acts or omissions of City employees relating to the performance of this Contract. The City of KENT also agrees to carry at all times during the effective period of this contract liability insurance coverage in the amount of $2,000,000.00 covering the County for all activities of the City of KENT employees related to the performance of this contract. 8.2 King County agrees to assume responsibility for all liabilities that occur or arise in any way out of the performance of this contract by its employees only and shall save and hold the City of KENT and City employees and officials and the District and the District employees and officials harmless from all costs, expenses, losses and damages, including the cost of defense, incurred as a result of any acts or omissions of King County employees relating to the performance of this contract. 9. PAYMENT: 9.1 King County agrees to pay the City of KENT an amount equal to the amount required to pay for any additional insurance premium attributable to the City's performance of obligations under this contract, not to exceed $ 1 i50 00 during the terms of this Agreement. The payment shall coincide 5 with the City of KENT normal insurance billing date (July 1) . 9.2 King County further agrees to pay the City of KENT a sum for all permits issued to occupants within King County Fire District No. 37 jurisdictional boundaries as calculated under the following formula: X = .5 (Y .75) X = Fire district share of revenue Y = Fee charged permit applicant This formula is meant to represent fifty percent (50%) of all permit fee revenues, together with fifty percent (50%) of the portion of the Hazardous Materials/Public Assembly Inspection Program funds being paid from the King County general fund for the individual permits issued. 9.3 In the event of early termination of the contract the City of KENT shall pay to King County an amount equal to any funds returned to the City by the insurance company as a result of such termination of contract. 10. ORDINANCES: King County agrees that it shall notify the City of KENT prior to the adoption of any ordinance that affects or requires inspections to be made under the Uniform Fire Code or in any way affects the duties of the City of KENT under the terms of this contract. 11. FORMS: In the event the County shall specify or require any forms or written report which are required to be used under the terms of this Agreement, the County agrees to provide such forms to the City of KENT at the expense of the County. 6 12. RECORDS: All records compiled by the City of KENT under the provisions of this Agreement shall constitute records of the City of KENT but shall be available for inspection by appropriate County officials. IN WITNESS WHEREOF the parties hereto have caused this Agreement to be executed. COUNTY COUNCIL CITY OF KENT Signature Signature (Mayor) Name Name County Executive Commissioner Dated Dated Approved as to form Commissioner .. Deputy Prosecuting Attorney Dated Commissioner fdagree.sp Dated 1/26/88 7 J Kent City Council Meeting Date September 6, 1988 Category Consent Calendar 1 1. SUBJECT: PUBLIC SAFETY COMPUTER SOFTWARE CONTRACT 2. SUMMARY STATEMENT: Authorization for the Mayor to execute a contract, subject to final review and approval by the City Attorney, with Command Data Systems for their Fire Management Information System; for a total cost not to exceed $80. 000, including software, installation, training and related costs . 3 . EXHIBITS: Executive summary 4. RECOMMENDED BY: Fire Chief Director of Information Services, _•, City Administrator project team and the Operations Committee at the 9/l/88 meeting (Committee, Staff, Examiner, Commission, etc . ) 5 . EXPENDITURE REOUIRED: $80,000 SOURCE OF FUNDS: Already dedicated - Public Safety Bond Issue 6 . CITY COUNCIL ACTION: Councilmember moves , Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 3F EXECUTIVE SUMMARY SEPTEMBER 6, 1988 TO: MAYOR KELLEHER, COUNCIL PRESIDENT WHITE, COUNCILMEMBERS BITEMAN, JOHNSON, WOODS, HOUSER, DOWELL, MANN FROM: NORM ANGELO, FIRE CHIEF �,C( RON SPANG, INFORMATION SERVICES DIRECTOR SUBJECT: APPROVAL OF CONTRACT FOR FIRE MANAGEMENT INFORMATION SYSTEM SOFTWARE ----------------------------------------------------------------- INTRODUCTION/BACKGROUND The Information Services Department and the Fire Department have conducted considerable analysis to determine the appropriate systems solutions for the Public Safety component of the Automation Plan. Command Data Systems ' (CDS) Records Management System is presently in use by the Police Department. CDS 's Fire Management Information System (FMIS) has been evaluated as an appropriate solution for several of the needs of the Fire Department. Other software needs for other Fire Department functions such as Permits and Vehicle Maintenance are still being evaluated. RECOMMENDED ACTION It is our recommendation that the City contract with CDS for the implementation of their FMIS product, including installation, training and related costs, for a total not to exceed $80, 000. _., We further request authorization for the Mayor to sign such a contractual agreement upon final negotiation of terms and approval by the City Attorney. SIGNIFICANCE The implementation of this software is consistent with ' the Automation Plan as an integral part of the automation of the records processes of the Fire Department. BUDGET/ECONOMIC IMPACT This expenditure has been budgeted through the Public Safety Bond Issue. Ongoing support and maintenance of this software will have impact on the operating budgets in future years. The 1989 operating budget will be impacted by no more than $5, 000. Actual impact will depend on actual software delivery and acceptance dates. ........... Kent City Council Meeting Date September 6, 1988 Category Consent Calendar 1. SUBJECT: SUPPLEMENTAL BUDGET APPROPRIATION FOR PURCHASE OF OFFICE FURNISHINGS FOR DRINKING DRIVER TASK FORCE 2. SUMMARY STATEMENT: Approve a supplemental budget appropriation from the General Fund in the amount of $2, 750 for the purchase of office furnishings for the Drinking Driver Task Force. 3 . EXHIBITS• 4 . RECOMMENDED BY: Operations Committee, 9/1/88 (Committee, Staff, Examiner , Commission, etc. ) Note: This summary was prepared prior to the Operations Committee meeting of September 1. Should the Committee recommendation differ this item will be removed from the Consent Calendar . 5 . EXPENDITURE REOUIRED: $2,750 SOURCE OF FUNDS: Supplemental budget appropriation: General Fund 6 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION• ~ ACTION: Council Agenda Item No. 3G Kent City Council Meeting n Date September 6, 1988 Category Consent Calendar 1. SUBJECT: CONVERSION OF TWO PART-TIME JANITORIAL POSITIONS TO ONE FULL TIME 2. SUMMARY STATEMENT: As approved by the Operations Committee at their September 1 meeting, authorization to convert two part-time janitorial positions to one full time position, providing a net increase of four hours at a cost of approximately $4, 000 per year . Additional duties as described in the attached memo relate to supervision at the shops, City Hall recycling, new carpeted areas in the Police Department and outside trash pickup previously done by Parks . 3 . EXHIBITS: Memo from Customer Service Manager 4 . RECOMMENDED BY: Operations Committee, 9/1/88 (Committee, Staff, Examiner, Commission, etc. ) 5. EXPENDITURE REQUIRED: $4,000 SOURCE OF FUNDS: General Fund 6 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No . 3H • MEMORANDUM DATE: August 24, 1988 TO: Operations Committee FROM: Charlie Lindsey, Customer Services Manager SUBJECT: CUSTODIAL STAFFING We are requesting to combine a regular part-time 21 hour per week position and a temporary part-time 20 hour per week position into one (1 ) regular full time position and add 5 hours part-time per week to another temporary position providing a net increase of 4 hours. We are requesting this because the person filling the temporary part-time position resigned in April and we have been working the regular part-time person full time. The following is a list of things that have impacted custodial maintenance of the buildings: 1 . We have added supervision of the custodian at the City Shops s to the custodial supervisor's responsibility. He must travel to and from the Shops which leaves less time to help with cleaning in City Hall . 2. The recycling program was added and this increases the trash collection routine by approximately 20 percent. 3. The general office congestion of adding more people closer together and the added carpeted areas in the Police Department second floor and other areas increases the time it takes to do general cleaning and has also increased the amount of trash that needs to be emptied. 4. The structural changes in the Police Department on the first floor require them to go out of the building several times an evening to do their cleaning in the Police Department waiting area. 5. They are also now required to collect trash outside of the building that was previously collected by Parks Maintenance. d To minimize the impacts of these things, we have rearranged our schedule in the Police Department on weekends and are now emptying the trash only on Saturday and clean on Sunday. This saves us 3 hours staff time, and with the additional 4 hours part-time will allow us to partially address the additional aforementioned workload. The cost of this request for the remainder of 1988 is approximately $4,000.00. 646S-3S Kent City Council Meeting Date September 6, 1988 V' O Category Consent Calendar 1 1. SUBJECT: UNION PACIFIC STREET VACATION - RESOLUTION 2. SUMMARY STATEMENT: Adoption of Resolution No. ' I91 setting the date of October 4, 1988 for the hearing on the Union Pacific Railroad, Inc. application for a street vacation. 3 . EXHIBITS: Resolution 4 . RECOMMENDED BY: Staff (Committee, Staff, Examiner , Commission, etc. ) 5 . EXPENDITURE REQUIRED: $ N/A SOURCE OF FUNDS: 6 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION• ACTION: Council Agenda . Item No. 3I RESOLUTION NO. A RESOLUTION of the City Council of the City of Kent, Washington, regarding vacation of certain property generally located at 63rd Avenue South adjacent to the south side of South 212th Street, more particularly described in Exhibit A, attached hereto, setting a public hearing for Cctober 4, 1988 on the application of Union Pacific Realty Company. WHEREAS, the proper petition has been filed requesting vacation of certain property at 63rd Avenue South adjacent to the south side of S. 212th St. , in the City of Kent, as described in Exhibit A attached hereto and incorporated herein by this reference; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON DOES HEREBY RESOLVE AS FOLLOWS: Section 1. A public hearing on the aforesaid vacation petition shall be held at a regular meeting of the Kent City Council at 7 o'clock p.m., October 4, 1988, in the Council Chambers of the City Hall, Kent, Washington. Section 2. The City Clerk shall give proper notice of the hearing and cause the notice to be posted as provided by law. Section 3. The Planning Director shall obtain the necessary approval or rejection of or other information from the Water, Street, Sewer or other appropriate departments, and shall transmit information to the City Council so that the matter can be considered by the City Council at a regular meeting on October 4, _. 1988. 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 Exhibit "A" f A parcel of land being all that certain parcel of lard as conveyed by Norman W. Clein, Jr. and Marlene Clein to the City of I:ent by Statutory Warranty Deed, recorded December 7, 1966, Rec:n:ds of King County, Washington, and described in said Deed as follows: That portion of the Southwest Quarter of the Northeast Quarter (SW)4NEh) of Section 11, Township 22 North, Range 4 East of the Willamette Meridian, in King County, Washington, lying within a strip of land 60.00 feet in width, the centerline of which being described as ftillows: Beginning at the intersection of the easterly margin of Russell Road with the centerline of South 212th Street; thence South 88 degrees 01 minutes 56 seconds East along the centerline of South 212th Street, 1100.29 feet; thence continuing along said centerline, South 85 degrees 26 minutes 51 seconds East, 879.64 feet to the TRUE POINT' OF BEGINNING; thence South 0 degrees 00 minutes 24 seconds East, 250.00 feet; thence Southeasterly along a 10 degree curve to the left having a radius of 572.96 feet to an intersection with the North line of the South 995.28 feet of said Subdivision and the terminum of said centerline; EXCEPT that portion thereof lying North of a line parallel with and 60.00 feet South, measured at right angles, of the centerline of right-of-way of said South 212th Street. t I Kent City Council Meeting L — .Date- September 6, 1988 �I\ Category Consent Calendar 1." SUBJECT: ORPIN ESTABLISHING STREET CLOSURE PERMITS " 2. SUMMARY STATEMENT: Adopt Ordinance No. 2 giving the City the discretion to grant temporary street closure permits subject to certain restrictions as specifically required by the Chief of Police. 3 . EXHIBITS: Ordinance 4. RECOMMENDED BY: Staff (Committee, Staff , Examiner, Commission, etc. ) 5 . EXPENDITURE REQUIRED: $ N/A SOURCE OF FUNDS: 6. CITY COUNCIL ACTION: Y Councilmember moves, Councilmember seconds DISCUSSION: ACTION• Council Agenda Item No. 3J ORDINANCE NO. AN ORDINANCE of the City of Kent, Washington, referring to street closure permits, adding Section 10.02.035 to Kent City Code establishing a permit process and penalty for violation. THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON DOES HEREBY ORDAIN AS FOLLOWS: Section 1. A new section is added to Kent City Code 10.02 as follows: 10.02.035. STREET CLOSURE. 1. The City of Kent may permit the closure of a portion of a street or road within the boundaries of the City of Kent. No closure of any street or road of any duration in time or length I shall occur except in accordance with a permit issued by the Chief' of Police, and such other laws or regulations which may be applicable. This section shall not apply to a City of Kent initiated closure of any highway, street, or road. 2. The Chief of Police may issue a permit for closure of such street or road if such closure is consistent with the general health, safety and welfare of Kent citizens. The Chief of Police is authorized to require that issuance of the permit is dependent upon fulfillment of such conditions as are necessary to ensure the closure is carried out in a safe, uniform, and reasonable manner, including but not limited to: a. The execution of a written agreement regulating access to the street by emergency vehicles and local residents during the closure. b. Procurement and posting of a bond, cash or proof of insurance in an amount sufficient to ensure payment for damages and/or all cleanup costs associated with the closure. i C. Use of City-approved signs and barricades for the closure. d. written verification from each affected property owner that such owner agrees to the closure. 3. Violation of this section shall be punishable as set out in KCC 10.02.050. 4 . A $25 nonrefundable fee shall be paid to the City with the application for the permit as partial defrayal of the costs to process the permit. Section 2. Those portions of previously enacted ordinances number 1963 and 2680, that adopted by reference RCW 46.61.50 (4) , and which conflict with this ordinance are repealed to the extent of the conflict. i Section 3. If any provision or portion of this iordinance, or its application to any person or circumstance is held invalid, the remainder of this ordinance or the application of the provisions to other persons or circumstances shall not be affected. Section 4. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and confirmed. Section 5. 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 2 _ I� Kent City Council Meeting Date September 6,41988 Calendar Category Consent Calendar 1 1. SUBJECT: ORDINANCE DEFINING RENDERING CRIMINAL ASSISTANCE 2 . SUMMARY STATEMENT: Adopt Ordinance No. amending the Kent City Code that currently makes it a crime to render criminal assistance to provide a specific definition of that crime. 3 . EXHIBITS: Ordinance 4. RECOMMENDED BY: Staff (Committee, Staff , Examiner, Commission, etc. ) 5 . EXPENDITURE REQUIRED: $ N/A SOURCE OF FUNDS: 6 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION, Council Agenda Item No. 3K ORDINANCE NO. AN ORDINANCE of the City of Kent, Washington, relating to crimes; amending King County Code 9.02.120.L, adopting a definition of rendering criminal assistance. THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Section 9.02.120.L of the Kent City Code is amended as follows: The definition of rendering criminal assistance as set forth in RCW 9A.76.050 is hereby adopted. Section 2. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and confirmed. Section 3. 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: SANDRA DRISCOLL, CITY ATTORNEY Kent City Council Meeting (� ��� Date September 6, 1988 Category Consent Calendar 1. SUBJECT: TITLE AMENDMENT TO SIMPLE ASSAULT ORDINANCE 2. SUMMARY STATEMENT: Adopt Ordinance No. changing the title of the crime simple assault to assault in the fourth degree. 3 . EXHIBITS: Ordinance 4 . RECOMMENDED BY: Staff (Committee, Staff, Examiner, Commission, etc. ) 5 . EXPENDITURE REQUIRED: $ N/A SOURCE OF FUNDS: 6 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: - ACTION: Council Agenda Item No. 3L ORDINANCE NO. AN ORDINANCE of the City of Kent, Washington, referring to assault, changing the title of "simple assault", amending 9.02.28 of the Kent City Code. THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Kent City Code 9.02.28 is amended as follows: DEGREE. 9.02.28. ((SIMPLE-ASSAULT:) ) ASSAULT IN THE FOURTH Every person who shall, within the corporate limits of the City of Kent, commit an assault or an assault and battery, upon another person, not amounting to an assault in the first, second, or third degree, as defined by the laws of the State of Washington, shall be deemed guilty of ( (simple-assault) ) assault in the fourth degree, a misdemeanor. 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 APPROVED AS TO FORM: SANDRA DRISCOLL, CITY ATTORNEY Kent City Council Meeting Date September 6, 1988 /JECT: Category Consent Calendar 1. SCANYON DRIVE SPEED LIMITS - ORDINANCE 2 . SUMMARY STATEMENT: As approved by the Public Works Committee, adoption of Ordinance No. reducing the speed limit on Smith/Canyon Drive from Central Ave. East to 100th Ave. S .E. to 35 mph amending Section 10. 08 .058 of the Kent City Code. 3 . EXHIBITS: Excerpt from the Public Works Committee minutes 4. RECOMMENDED BY: Staff (Committee, Staff, Examiner, Commission, etc. ) 5. EXPENDITURE REQUIRED: $ N/A SOURCE OF FUNDS: 6 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION• ACTION: Council Agenda Item No. 3M Public Works Committee August 23, 1988 Page 2 CANYON DRIVE LEFT TURN LANES Morris indicated he had spoken with WSDOT ;who indicated if the City passed an ordinance reducing the speed to' 35 they would take it to the Highway Commission and proceed with reducing it to 35 and then the City could post it. The speed limit is currently 40 MPH from Jason to the top of the hill. WSDOT indicated they would like to have the speed limit consistent from Central. It currently is 30 MPH from Central to Jason. Biteman stated that sounded reasonable. Morris cited that from March of 1987 to August of 1987 there were 11 accidents. For the same time period this year there have been only 3 . Biteman moved the speed limit be changed to 35 from Central to the top of the hill. The Committee concurred. There j was discussion about vehicles cutting across the pylons. Johnson asked that a response be prepared for his signature to Dr. Huber's letter. i PROPERTY ACQUISITION 72ND AVENUE VICINITY OF S. 196TH Wickstrom outlined the property and indicated it had recently be placed on the market for $390, 000 which he is evaluating. The I property lies in the proposed alignment of the extension of 72nd to connect it between 228th and 196th. Wickstrom indicated he felt it would be better to acquire the property now rather than letting it develop and have to condemn later. Biteman asked if we had any liability from Western Processing. Williamson indicated that the extension of 72nd is being addressed in the cleanup plans. Wickstrom requested authorization to proceed with the acquisition. Biteman moved to approve the request. The Committee concurred. MEMORANDUM OF UNDERSTANDING 272ND/277TH CORRIDOR Wickstrom indicated the Attorney's office is preparing a memorandum of understanding with the County allowing Kent to act as lead agency for an alignment study from Central Avenue up to SR 516. Wickstrom requested the Committee' s approval for the Mayor to sign the memorandum of understanding once it has been prepared. The' Committee concurred. UPDATE ON CITY'S RECYCLING PROGRAM McFall stated he wanted to bring the Committee up to date on this project and also relay a request by one of the collection companies. McFall reviewed that the City has negotiated a contract with Rabanco/Kent Disposal for a curbside residential recycling ORDINANCE NO. AN ORDINANCE of the City of Kent, Washington, relating to speed limits, amending Kent City Code 10.08.058. THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Kent City Code 10.08.058 is amended as follows: 10.08.058. Canyon Drive (SR 516) from the intersection of ( (44a-eel) ) Central Avenue to the inter- section of 100th Avenue SE ( (-48-) ) 35 mph At all times Section 3. 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 City Council Meeting C Date September 6, 1988 Category Consent Calendar 1. SUBJECT: NORTHWARD BUSINESS PARK BILL OF SALE 2 . SUMMARY STATEMENT: Acceptance of the bill of sale and warranty agreement for continuous operation and maintenance for approximately 922 feet of water main extension, 512 feet of sanitary sewer extension, 750 feet of street improvements and 1107 feet of storm sewer improvements constructed in the vicinity of 72nd Ave. So. and So. 192nd for the Northward Business Park$ and release of the cash bond after expiration of the one year maintenance_fe < <:J 3 . EXHIBITS: vicinity map 4 . RECOMMENDED BY: Staff (Committee, Staff, Examiner, Commission, etc . ) 5 . EXPENDITURE REQUIRED: $ N/A SOURCE OF FUNDS• 6 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 3N ..ny:�.,. 5 'T,ri•�•. T•;, '+'SI�1��M1i�'w.�.C^CF A �. .%A'.O! •!�. :�.. .. .. .................................. .. f�ln Si > W, ■ Lf 1 . 7 IAlIN 5t r D TRECK [W y IN(,1� �I i 3 1 -rp - 26 25, _ . . . . T- > 1 !S I cNAI(r' I .�sw I 1 31. . tNSIn i < COA I(fR•1 I OACCNIlLT 7 31 uR M w �r X CORrDRA It DR S ...........�... I .. . . . . i WINKLER El rDi (n }I I Cyy ,SH'SHfO OQ .. ___ _ _ i ____ �? i�.'. S.V MI. S1 C[N I(R "CIL-A NMI P t ` �^ V 4 i t t SAXON' 'OR N IZ i 7 >q ¢a> p l ..�. S1` .r TPgAN I O Q \\�. .. ...,:,1........... S le TN Sr sw a' ao V. ,. 11 i �D 5 I T ST z { • �TOOD • / `♦ 31 YJJ T it .............. .... ...... I 1 { . ST 1 120" ST 1taTN S IhTry !t IMTN Si Isto N ST . "TH it �^c)j I '.. .............. .....2 . t -,l S Mt N ST > a - co 1 , - 1 sD[,Nc AtRD sr.[[ uNItR LD �, g .. .. ....... .. VICINITY MAP NORTHWARD BUSINESS PARK Kent City Council Meeting Y \ Date September 6, 1988 Category Consent Calendar 1. SUBJECT: PAY AND PAK DISTRIBUTION CENTER BILL OF SALE 2. SUMNARY STATEMENT: Acceptance of the bill of sale and warranty agreement for continuous operation and maintenance for approximately 51 feet of sanitary sewer extension constructed on 72nd Ave. So . for the Pay and Pak Distribution Center and release of the cash bond. 3 . EXHIBITS: Vicinity map 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. 30 IV s. t 0 Cutd.�P e M O�-h {J 1 cMo .o o� pa.� �c=.a J�!. M a c An to cc IMP, 4i .�p s O 'fL to; CD t. M. N 40 m ro.rn c* . a 4n .r. 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Y r t rr' 1 vt♦ y ♦ : , t '(' I Nyy I L` J f +wl xti I, l v4 .../�' 4 5, 'Frf•s'Y41 I } ,{R Y»G7 M1 IwfA'} •'� r ! }r , IY.P }r 4 P h,l�'..n4 ,. rji! •7 vL R ; 4 It' f ( 1 , ♦1 n`, yJ,�}} M i l� ! 1.l,' ~ , xM14 l r .� Ya F' ♦7L { y�+ ff YJrl,�tt - ti • t��� � �a(�Ni�b�sH r`h. ♦^!1 �• y+ Y f�j4�.�r,i,M1 4( � rl <` rv♦tj iiiX , lyy,-+ t I�:Plt'T11 KJ s !/' ,4 W wv I,.. If t � t. �'�! ! �r1� � �}ec�� ��'��"d'!,`�'�•�� �;,5�,4.L,"�..1.Y 1.1 •'�SLw•..w•�:..,3t...+�.�"o1�rr'v2. '�a�iw.�ily+:ir�t.a6`t:¢.i.:�wri•...91d._.r... _ fQ i,,1tR fir.: j Y ri. r w4 l Kent City Council Meeting Date September 6, 1988 Category Consent Calendar 1. SUBJECT: LID 322 - WEST VIEW TERRACE SEWER IMPROVEMENTS 2. SUMMARY STATEMENT: Authorization to set October 18, as date for public hearing on the confirmation of the final assessment roll for the sanitary sewer improvements constructed in the West View Terrace area . 3 . EXHIBITS• 4. RECOMMENDED BY: Staff (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. 3P Kent City Council Meeting Date September 6, 1988 Category Consent Calendar 1. SUBJECT: LID 323 - OLYMPIC VIEW HEIGHTS SEWER IMPROVEMENTS 2. SUMMARY STATEMENT: Authorization to set October 18, as date for public hearing on the confirmation of the final assessment roll for the sanitary sewer improvements constructed in the Olympic View Heights area. 3 . EXHIBITS• 4. RECOMMENDED BY: Staff ' (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 . 3Q Kent City Council Meeting Date September 6, 1988 Category Consent Calendar 1. SUBJECT: LID 325 - 76TH AVENUE SOUTH (S . 212TH TO SO. 220TH STREET IMPROVEMENTS) 2. SUMMARY STATEMENT: Authorization to set October 18, as date for public hearing on the confirmation of the final assessment roll for the street improvements constructed on 76th Ave. So. from So . 212th to So . 220th Street . 3 . EXHIBITS• 4 . RECOMMENDED BY: Staff (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. 3R Kent City Council Meeting v�A Date September 6, 1988 (� � \ Category Consent Calendar y\ 1. SUBJECT: RESOLUTION - PLANNING ASSOCIATION OF WASHINGTON 2 . SUMMARY STATEMENT: Adopt Resolution No. , commending and congratulating the Planning Association of Washington for 25 years of service to planning in the state and pledging City of Kent ongoing support for the success of the organization. 3 . EXHIBITS: Resolution 4. RECOMMENDED BY: Staff (Committee, Staff , Examiner, Commission, etc. ) 5 . EXPENDITURE REQUIRED: $ N/A SOURCE OF FUNDS: 6 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: -. ACTION: Council Agenda Item No. 3S RESOLUTION NO. A RESOLUTION of the City Council of the City of Kent, Washington, commending the Planning Association of Washington for its 25 years of service to Planning. WHEREAS, the Planning Commission of the City of Kent was a founding member of the Planning Association of Washington when it was formed in 1963; and WHEREAS, the Planning Association of Washington has served the Citizens of the State through its sponsorship of the Planning Short Course; conferences and an annual awards program; and WHEREAS, these efforts have increased the knowledge of planning and the effectiveness of the Kent Planning Commission and elected officials in the planning process; and WHEREAS, the Planning Association of Washington will celebrate its 25th Anniversary in Yakima, October 20 and 21, 1988; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON DOES HEREBY RESOLVE AS FOLLOWS: Section 1. The City commends the Planning Association of Washington for its 25 years of Service tc Planning in Washington State. Section 2. The City pledges its ongoing support for the continued success of the Planning Association. Section 3. The City extends its congratulations and best wishes at the 25th celebration in Yakima. Passed at a regular meeting of the City Council of the City of Kent, Washington this day of 1988. Kent City Council Meeting Date September 6, 1988 Category Consent Calendar 1. SUBJECT: KING COUNTY LIBRARY BOARD ISSUE 2. SUMMARY STATEMENT: Adoption of Resolution supporting the King County Library Bond Issue . 3 . EXHIBITS: Resolution 4 . RECOMMENDED BY: Council at 8/30 workshop (Committee, Staff, Examiner , Commission, etc . ) 5 . EXPENDITURE REQUIRED: $ N/A SOURCE OF FUNDS: 6 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION• ACTION: Council Agenda Item No. 3T RESOLUTION NO. A RESOLUTION of the City Council of the City of Kent, Washington, supporting the 1988 King County Library System bond issue. WHEREAS, the King County Library System provides library services to the citizens of the City of Kent, as well as those throughout the County; and WHEREAS, to meet increasing demands upon the system it is essential to construct new buildings, expand current buildings and purchase new materials; and WHEREAS, it is necessary to issue bonds to pay for such needed improvements; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON DOES HEREBY RESOLVE AS FOLLOWS: - Section 1 . The Kent City Council hereby supports Proposition 1 , for King County Library Improvements Bonds. -. 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. ATTEST: APPROVED AS TO FORM: SANDRAATTORNEY Kent City Council Meeting r Date—September 6, 1988 Category Other Business ei ��UBJECT: HAZARDOUS WASTE TR ATMENT AND STORAGE FACILITIES - ZONING CODE AMENDME TS Ordinance i 0 2 . SUMMARY STATEMENT: / -6ity._3__Att-o-rFtey- has _@reps.€-ed Ordinance ,�i8oi , which amends the City of Kent zoning code as required by recent State legislation to designate land use zones in which hazardous waste treatment and storage facilities will be allowed as permitted uses . The pr osed amendments will add new definitions, siting criteria, perfo ance standards and permitted uses to the commercial, industrial, nd agricultural zones. The Planning Commission has recommended he zoning changes after holding a public hearin on May 23, 1988 . Council adopted the recommendation by Plannin Commission and directed •.• preparation of this ordinance at the\ June 7, 1988 Council meeting. By letter, dated August 17, 1`@88, Department of Ecology conditionally approved the proposed zoing code amendments, subject to adoption by the Kent City Cou cil and submittal of the adopted ordinance to the Department for f nal approval . ,1 3 . EXHIBITS: Planning Commission minutes, M'y 23 , 1988, staff report, letter from Department of Ecology, p oposed ordinance 4. RECOMMENDED BY: Planning Commission May 23 988 (Committee, Staff, Examiner , Commission, etc . ) •._ 5 . EXPENDITURE REQUIRED: $ N/A SOURCE OF FUNDS: 6 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds to adopt Ordinance DISCUSSION: - ACTION. --- Council Agenda Item No. 4A o��NWuy'i Christine 0. Gregoire jjI xl' Director STATE OF W. gIINGTON DEPARTMENT OF ECOLOGY AUilStop PV-11 . 01lmpu, tVdgwngmn W604-1;-II • (!(N,) 459-0(kX) August 11, 1988 ; 1 ' ; : : Mr. James P. Harris, Planning Director City of Kent AR d> ., c c 220 - 4th Avenue South i • ,. Kent, WA 98032-5895 Plannir. Re: Hazardous Waste Zoning Conditional Approval GOY of Dear Mr. Harris: Thank you for your draft hazardous waste zoning ordinance amendments submitted in compliance with the June 30, 1988 deadline, pursuant to the requirements of RCW 70. 105.225. Following this submittal, the Department of Ecology must either approve or deny ordinances within 90 days. In turn, local government has 90 days in which to respond back to the Department in the event of denial or other Department comments or recommendations. Accordingly, we have reviewed your draft amendments and find that they comply with the requirements of Chapter 70.105 RCW, the Department's hazardous waste zoning guidelines and state siting criteria. Your amendments dated June 15, 1988 are hereby conditionally approved, subject to adoption by the Kent City Council and submittal of the adopted ordinance or certification of adoption to the Department for final approval within 90 days of the date of this letter. If you have questions or need clarification on this matter, please call Phil Clark at (206) 459-6308. Sincerely, Terry Husseman _. Program Manager TH:pb This 80 page ordinance is available for review in the City Clerk ' s office ORDINANCE NO. AN ORDINANCE of the City of Kent, Washington, amending the Kent Zoning Code to meet requirements of State Legislation to land use zones in which hazardous waste treatment and storage facilities will be allowed as permitted use, for the addition of new definitions, siting criteria, performance standard and permitted uses to the commercial, industrial and agricultural zones, recodifying Sections 15.02.175 and 15.02 .180, adding sections 15.02 .097, 15 .02 .98, 15.02 .133, 15.02 .175 through 15.02 .182, amending 15.04 .005, 15.04.010, 15.04.015, 15.04 .090, 15. 04 .100, 15.04 .110, 15.04 .120, 15.04.130, 15.04 .140, 15.04.150, 15.04 .160, 15.04.160, 15.04 .170, 15.04 .180, 15.04 .190, 15.04.200, 15.08.020, 15.08.050 and 15.09.100 WHEREAS, the City of Kent has enacted a zoning code recognizing that there is a continuing need to regulate the use of land to promote the public health, safety and general welfare, and recognizing the opportunities to obtain an urban environment of high quality without unduly high public or private expenditures for development and without unreasonably restricting private enterprise or initiative; and WHEREAS, the Washington State legislature has recently directed local governments to address zoning concerns relating to hazardous waste treatment and storage; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Kent City Zoning Code Chapter 15.02 is amended by recodifying Section 15. 02 .175, and Section 15.02.180;, and by adding Sections 15 .02.097, 15 .02 .098, 15.02.133, 15.02.175, 15.02.176, 15.02.177, 15.02 .178, 15.02 .179, 15.02.180, 15.02.181 , and 15.02 .182, as follows: I Kent City Council Meeting V \ Date September 6, 1988 Category Other Business 1. SUBJECT: ZONING CODE AMENDMENT NO. ZCA-88-7 2. SUMMARY STATEMENT: On August 22, the Planning Commission recommended approval of a zoning code amendment to allow as an outright permitted use gymnastic schools or similar uses in both the M1 (industrial park district) and M2 (limited industrial district) . Also recommended was the inclusion of health and fitness clubs and facilities in the M2 district as an outright permitted use. 3 . EXHIBITS: Minutes of Planning Commission meeting 4. RECOMMENDED BY: Planning Commission 8/22/88 \ (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-88-7 as recommended by the Planning Committee on August 22, 1988 and to direct the City Attorney to prepare the necessary ordinance. DISCUSSION: Yw ACTION• Council Agenda Item No. 4B KENT PLANNING DEPARTMENT September 1, 1988 Memo to: Mayor Dan Kelleher and City Council Members From: James P. Harris, Planning Director Subject: Gymnastics Schools in M-1 and M-2 Zoning Districts On August 22, 1988 the Planning Commission recommended to the City Council that gymnastics schools be a permitted use in the M-1, Industrial Park zoning district and M-2 , Limited Industrial zoning district. Gymnastics schools need large, open, bay-type buildings with high ceilings. Such uses should not interfere with the normal industrial operations since the gymnastics schools generally operate in the late afternoon and in the evenings. Thus off- street parking can be jointly used by both the gymnastics schools and the regular industrial uses. JPH:ca Kent Planning Commission Minutes August 22 , 1988 Commissioner Rudy MOVED to continue the public hearing. - Commissioner Ward SECONDED the motion. The public hearing was continued to September 26, 1988, the next regularly scheduled Planning Commission meeting. Motion carried. PROPOSED AMENDMENT TO KCC 15. 04. 170 RELATING TO INTRODUCING GYMNASTIC SCHOOLS AS A PERMITTED USE IN THE M-1 AND M-2 DISTRICTS AND KCC 15. 04 . 180 , INTRODUCING HEALTH AND FITNESS CLUBS AS A PERMITTED USE (ZCA 88-7) . Mr. Harris suggested that gymnastic schools and similar uses be -.- permitted outright in the M-1 and M-2 zones because activities of this type require buildings with pillars or vaulted ceilings in order to accommodate the apparatus that is used. These uses are difficult to locate in other zones. He also suggested that health and fitness clubs and facilities be added to the principally permitted uses in the M-2 zone. He pointed out that in the M-2 zone principally permitted uses would be limited to 25 percent of the gross floor area of any single or multibuilding development. In response to a question about karate schools, he felt these would be included. Commissioner Rudy MOVED to close the public hearing. Commissioner Greenstreet SECONDED the motion. Motion carried. Commissioner Rudy MOVED to accept this proposal and permit gymnastic schools and similar uses in M-1 and health and fitness clubs and facilities and gymnastic schools in M-2 as permitted outright. Commissioner Greenstreet SECONDED the motion. Motion carried. EAST HILL PLAN Mr. Harris stated that the East HIll Plan was adopted on September 71 1982 . On December 3 , 1984 Resolution #1040 was adopted which revised zoning in the area of South 240th/104th Avenue (Fred Meyer) and authorized study of South 256th/104th Avenue. In December 1985 the Planning Department published the East Hill Commercial Study which recommended there be no expansion of commercial zoning at the 256th/104th area. On February 25, 1986 the Planning Commission recommended 13 sites (70+ acres) for commercial zoning. On April 21, 1986 Resolution #1100 was adopted which referred these amendments to commercial zoning back to the Planning Commission for reconsideration. The Commission was given six months to report back to Council. On September 15, 1986 Kent City Council granted a three-month extension for the Commission to report findings. On 3 Kent Planning Commission Minutes August 22 , . 1988 December 1, 1986 Resolution #1123 was adopted which directed the Planning Commission to defer action on East Hill commercial amendments until the overall subarea plan was updated and declared an intent to achieve an average density reduction of 20 percent on all undeveloped multifamily zoned lands throughout the city. On July 5, 1988 Ordinance #2788 reduced density in multifamily zones. Resolution #1172 directed an update of the Housing Element of the City's Comprehensive Plan including an area-by-area analysis of residential density. Staff will address the East Hill Plan issue at the Planning Committee meeting on September 6 in order to obtain guidance from them. Mr. Harris stated that staff will recommend that any work on the East Hill Plan be done in the context of Resolution #1123 and Ordinance #2788 . The Planning Department has been authorized to hire an extra person for the study of this area over a one-year period. There will be hearings on the housing element aspects of the various plans. CERTIFICATE OF APPOINTMENT Acting Chairman Martinez presented to Commissioner Haylor the Certificate of Appointment to the Planning Commission. ADJOURNMENT Commissioner Rudy MOVED to close the public hearing. Commissioner Greenstreet SECONDED the motion. Motion carried. Acting Chairman Martinez adjourned the meeting at 8 : 30 p.m. Respectfully submitted, Ja es P. Har is, ecretary 4 I� (!�I Kent City Council Meeting Date September 6, 1988 Category Other Business 1. SUBJECT: ADOPTION OF PLANNED UNIT DEVELOPMENT (PUD) ORDINANCE +\ 2 . SUMMARY STATEMED�T: In mid-1987 Planning Commission recommended to;'Council tha a new PUD ordinance be adopted. The Council referred this recom endation to the Planning Committee. In April 1988, the Planning ommittee formed a citizen committee to review the Planning Commi ion' s draft ordinance. On July 19, 1988, the Council ' s Planning ommittee unanimously recommended to the full Council that the PU Citizens Advisory Committee ' s proposed draft of the PUD ordi ance be adopted. The Council accepted the decision of the P anning Committee and Citizens Advisory Committee ' s recommendati n on August 16, 1988 . 3 . EXHIBITS: Ordinance 4 . RECOMMENDED BY: Planning Committee (Committee, Staff, Examiner, Commission etc. ) 5 . EXPENDITURE REQUIRED: $ N/A SOURCE OF FUNDS: 6 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds to adopt Ordinance DISCUSSION: ACTION: Council Agenda Item No. 4C i ORDINANCE NO. AN ORDINANCE of the City of Kent, Washington, relating to zoning and Hearing Examiner decisions; repealing Kent City Code Section 15.04.080; establishing Section 15.04.080 Planned Unit Development; and amending Kent City Code Chapter 2.54 relating to Hearing Examiner decisions regarding Planned Unit Developments. THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Repealer. Section 15.04.080, Kent City Code, is here by repealed. Section 2. A new Section, Section 15.04.080, Kent City Code, is added as follows: 15.04.080 Planned Unit Development (PUD) . General Purpose. The intent of the PUD is to create a ,... process to promote diversity and creativity in site design, and protect and enhance natural and community features. The process is provided to encourage unique developments which may combine a mixture of residential, commercial, and industrial uses. By using flexibility in the application of development standards, this process will promote developments that will benefit citizens that live and work within the City of Kent. A. ZONING DISTRICTS WHERE PERMITTED. PUD's are permitted in all zoning districts with the exception of the A-1 Agricultural zone. B. PERMITTED USES 1. Principally Permitted Uses. The principally permitted uses in PUD'S shall be the same as those permitted in the underlying zoning classifications. 2. Conditional Uses. The conditional uses in PUD's shall be the same as those permitted in the underlying zoning classification. The conditional use permit review process may be consolidated with that of the PUD pursuant to procedures specified in section F below. 3. Accessory Uses. Accessory uses and buildings which are customarily incidental and subordinate to a principally permitted use are also permitted. 4. Exceptions. a. In single family residential zoning districts (RA and R1) attached side by side (not vertically stacked) residential units may be permitted in a PUD. b. In residential PUD's of ten (10) acres or more, commercial uses may be permitted. Commercial uses shall be limited to those uses permitted in the Neighborhood Convenience District. C. DEVELOPMENT STANDARDS. The following development standards are minimum requirements for a Planned Unit Development: 1. Minimum Lot Size - Exclusion. The minimum lot size requirements of the districts outlined in the zoning code shall not apply to PUD's. 2. Minimum Site Acreage. Minimum site acreage for a PUD is established according to the zoning in which the PUD is located, as follows: Zones Minimum Site Acreage RA - Rl(7.2-20) 5 acres Multifamily (MRD, MRG, MRM, MRH) None Commercial, Office and Manufacturing Zones None ., 3. Minimum Perimeter Building Setback. The minimum perimeter building setback of the underlying zone shall apply. Multifamily Transition Area requirements shall apply to any multifamily developments (15.08.215 Kent City Code) , except where - specifically exempted by Administrative Design Review (15.09.045 Kent City Code) . The Hearing Examiner may reduce building separation requirements to the minimum required by Building and Fire Departments according to criteria set forth in Section F. (1) of this chapter. If an adjacent property is undevelopable under the Kent City Zoning Code, the perimeter building setback requirement may be waived by the Hearing Examiner. 4. Maximum Height Of Structures. The maximum height of structures of the underlying zone shall apply. Multifamily Transition Area requirements shall apply to any multifamily developments (15.08.215 Kent City Code) , except where specifically exempted by Administrative Design Review (15.09.045 Kent City Code). The Hearing Examiner may authorize additional height in CC, GC, DC, CM, M1, M2, and M3 zones where proposed development in the PUD is compatible with the scale and character of adjacent existing developments. 5. Open Space. The standard set forth herein shall apply to PUD residential developments only. Each PUD shall provide a minimum of 35 percent of the total site area for common open space. In mixed-use PUD's containing residential uses, thirty-five (35) percent of the area used for residential use shall be reserved as open space. 2 - For the purpose of this section, open space shall be defined as land which is not used for buildings, dedicated public right-of-ways, traffic circulation and roads, parking areas, or any kind of storage. Open space includes but is not limited to: privately owned woodlands, open fields, streams, wetlands, severe development areas, sidewalks, walkways, landscaped areas, gardens, court yards, or lawns. Common open space may provide for either .... active or passive recreation. Open space within a PUD shall be available for common use by the residents, tenants and/or the general public, depending on the type of project. 6. Streets. If streets within the development are required to be dedicated to the City for public use, such streets shall be designed in accordance with the standards outlined in the Kent Subdivision Code and other appropriate City standards. If streets within the development are to remain in private ownership and remain as private streets, the following standards shall apply a. Minimum Private Street Pavement Widths For Parallel Parking In Residential Planned Unit Development's No Parking Parking Parking One Side Both Sides (Feet) (Feet) (Feet) One-Way Streets 20 29 38 Two-Way Streets 22 31 90 The above minimum widths may be modified upon review and approval by the Kent Fire Chief and the Kent Traffic Engineer providing they are sufficient to maintain emergency access and traffic safety. A maintenance agreement for private streets within a PUD shall be required by the Hearing Examiner as a condition of PUD approval. b. Vehicle Parking Areas. Adequate vehicular parking areas shall be provided. The required number of parking spaces may vary from the requirements of Kent City Code 15.05 and shall be approved by the Hearing Examiner based upon a parking need assessment study submitted by the applicant and approved by the Planning Director. Vehicular parking areas may be provided by on-street parking and/or off-street parking lots. The design of such parking areas shall be in accordance with the standards outlined in Chapter 15.05, Kent City Code C. One-Way Streets. One-Way loop streets shall be no more than 1,500 feet long. d. On-Street Parking. On-street parking shall be permitted. Privately owned and maintained "no parking"' and/or "fire lane" signs may be required as determined by the Kent Traffic Engineer and Kent Fire Department Chief. 3 - 7. Pedestrian Walkways. Pedestrian walkways shall be constructed of material deemed to be an "all weather surface" by the Public Works Director and Planning Director. 8. Landscapina. a. Minimum perimeter landscaping of the underlying zone shall apply. Additional landscaping shall be required as provided in Chapter 15.07 and 15.08.215 of the Kent City Code. b. All PUD developments shall ensure that parking areas are integrated with the landscaping system and provide screening of vehicles from view from public streets. Parking areas shall be conveniently located to buildings and streets while providing for landscaping adjacent to buildings and pedestrian access. C. Solid waste collection areas and waste reduction/recycling collection areas shall be conveniently and safely located for on-site use and collection, and attractively site screened. 9. Signs. The sign regulations of Chapter 15.06, Kent City Code shall apply. 10. Platting. If portions of the PUD are to be subdivided for sale or lease, the procedures of the Kent Subdivision Code as amended shall apply. Specific development standards (lot size, street design, etc. ) shall be provided as outlined in Kent City Code Section 15.04.080 E. 11. Green River Corridor. Any development located within the Green River Corridor Special Interest District shall adhere to the Green River Corridor Special Interest District Regulations. 12. View Regulation. View regulations as specified in Kent City Code 15.08.060 shall apply to all PUD's. 13. Shoreline Master Program. Any development located within 200 feet of the Green River shall adhere to Kent Shoreline Management regulations. D. DENSITY BONUS STANDARDS. The density of residential development for PUD's shall be based on the gross density of the underlying zoning district. The Hearing Examiner may recommend a dwelling unit density not more than twenty (20) percent greater than permitted by the underlying zone upon findings and conclusions that the amenities or design features which promote the purposes of this section, as listed below, are provided: 1. Open Space. A four (4) percent density bonus may be authorized if at least ten (10) percent of the open space is in concentrated areas for passive use. Open space shall include significant natural features of the site, including but not limited to fields, woodlands, watercourses, permanent and seasonally wetlands. Excluded from the open space definition are the areas within the building footprints, land used for parking, 4 - vehicular circulation, right-of-ways and areas used for any kind of storage. 2. Active Recreation Areas. A four (4) percent density bonus may be authorized if at least ten (10) percent of the site is utilized for active recreational purposes, including but not limited to jogging/walking trails, pools, children's play areas, _. etc. Only that percentage of space contained within accessory structures that is directly used for active recreation purposes can be included in the ten (10) percent active recreation requirement. 3. Storm Water Drainage. A two (2) percent density bonus may be authorized if storm water drainage control is accomplished using natural on-site drainage features. Natural drainage feature many include streams, creeks, ponds, etc. 4. Native Vegetation. A four (4) percent density bonus may be authorized if at least fifteen (15) percent of the native vegetation on the site is left undisturbed in large open areas. 5. Parking Lot Size. A two (2) percent density bonus may be authorized if off-street parking is grouped in areas of sixteen (16) stalls or less. Parking areas must be separated from other parking areas or buildings by significant landscaping in excess of Type V standards as provided in Section 15.05.070, Kent City Code At least fifty (50) percent of these parking areas must be designed as outlined above to receive the density bonus. 6. Mixed Housing Types. A two (2) percent density bonus may be authorized if a development features a mix of residential housing types. Single family residences, attached single units, condominiums, apartments, and townhomes are examples of housing types. The mix need not include some of every type. 7. Project Planning/Management. A two (2) percent - density bonus may be granted if a design/development team is used. Such a team would include a mixture of architects, engineers, landscape architects, and designers. A design/development team is likely to produce a professional development concept that would be consistent with the purpose of the regulations. These standards are thresholds, and partial credit is not given for partial attainment. The site plan must at least meet the threshold level of each bonus standard in order for density bonuses to be given for that standard. I E. APPLICATION PROCESS. The application process includes the following steps: informal review process, State Environmental Policy Act, community information meeting, development plan review, and public hearing before the hearing examiner. 1. Informal Review Process. An applicant shall meet informally with the Planning Department at the earliest possible date to discuss the proposed PUD. The purpose of this meeting is to develop a project that will meet the needs of the applicant and the objectives of the city as defined in this ordinance. - 5 - i 2. SEPA. The State Environmental Policy Act, regulations, and City SEPA requirements shall be completed prior to development plan review. 3. Development Plan Review. After informal review and completion of the SEPA process, a proposal shall next be reviewed by City staff through the development plan review process. Comments received by the project developer under the development review process shall be used to formalize the proposed developmentii prior to being presented at a public hearing before the Hearing Examiner. 4. Community Information Meeting. a. A community information meeting shall be required for any proposed PUD located in a residential zone or within 200 feet of a residential zone. At this meeting the applicant shall present the development proposed to interested residents. Issues raised at the meeting may be used to refine the PUD plan. ., I i Notice shall be given in at least one (1) publication in the local newspaper at least ten (10) days prior to the public hearing. Written notice shall be mailed first class to all property owners within a radius of not less than two hundred (200) feet of the exterior boundaries of the property being subject to the application. Any alleged failure of any property owner to actually receive said notice of hearing shall not invalidate the proceedings. b. Non-residential PUD's not located within 200 feet of a residential zone shall not require a community information meeting. 5. Public Notice And Hearin Examiner Public Hearin The Hearing Examiner shall hold at least one 1 public hearing on the proposed PUD and shall give notice thereof in at least one (1) 1 publication in the local newspaper at least ten (10) days prior to the public hearing. Written notice shall be mailed first class tol all property owners within a radius of not less than two hundred (200) feet of the exterior boundaries of the property being subject to the application. Any alleged failure of any property owner to actually receive said notice of hearing shall not invalidate the proceedings. i 6. Consolidation Of Land Use Permit Processes. The PUD approval process may be used to consolidate other land use permit ( processes which are required by other sections of this code. The j public hearing required for the PUD may serve as the public hearing for conditional use permit, subdivision, shoreline substantial development, and/or rezoning if such land use permits are a part of the overall PUD application. When another land use permit is involved which requires City Council approval, the PUD shall not he deemed to be approved until the City Council has approved the related land use permit. In the event that at a public hearing is required for any of the above categories of actions, the Hearing Examiner shall employ the public hearing notice requirements for all actions considered which ensures the maximum notice to the public. i i - 6 - 7. Hearing Examiner Decision. The Hearing Examiner shall issue a written decision within fourteen (14) days from the date of the hearing. Parties of record will be notified in writing of the decision. The decision is final unless notice of appeal is filed with the City Clerk within fourteen (14) days of receipt by the developer of the decision. B. Effective Date. In approving a PUD, the Hearing Examiner shall specify that the approved PUD shall not take effect unless or until the developer files a completed development permit application within the time periods required by the Kent City Code as set forth in Section 6 below. No official map or zoning text ' designations shall be amended to reflect the approved PUD designation until such time as the PUD becomes effective. F. REVIEW CRITERIA FOR PLANNED UNIT DEVELOPMENT. Upon receipt of - a complete application, as determined by the Planning Director, for a residential PUD, the Planning Department shall review the application and make its recommendation to the Hearing Examiner. The Hearing Examiner shall determine whether to grant, deny or condition an application based upon the following review criteria: 1. Residential Planned Unit Development Criteria a. The proposed PUD project shall have a beneficial effect upon the community and users of the development which would not normally be achieved by traditional lot-by-lot development and shall not be detrimental to existing or potential surrounding land uses as defined by the Comprehensive Plan. b. Unusual environmental features of the site shalli be preserved, maintained and incorporated into the design to benefit the development and the community. C. The proposed PUD project shall provide areas of openness by using techniques such as clustering, separation of building groups, and use of well-designed open space and/or landscaping. d. The proposed PUD project shall promote variety and innovation in site and building design. Buildings in groups shall he related by common materials and roof styles, but contrast shall be provided throughout the site by the use of varied materials, architectural detailing, building scale and orientation, e. Building design shall be based on a unified design concept, particularly when construction will be in phases. 2. Non-Residential Planned Unit Development Criteria a. The proposed project shall have a beneficial -. effect which would not normally be achieved by traditional lot-by-lot development and not be detrimental to present or potential surrounding land uses as defined by the Comprehensive plan. b. Unusual environmental features of the site shall be preserved, maintained and incorporated into the design to benefit the development and the community. _ II 7 - I i C. The proposed project shall provide areas of openness by the clustering of buildings, and by the use of well-designed landscaping and open spaces. Landscaping shall promote a coordinated appearance and break up continuous expanses of building and pavement. d. The proposed project shall promote variety and innovation in site and building design. It shall encourage the incorporation of special design features such as visitor entrances, plazas, outdoor employee lunch and/or recreation areas, architectural focal points and accent lighting. e. Building design shall be based on a unified design concept, particularly when construction will be in phases. G. TIME LIMITS. 1. Application For Develocment Permit. The applicant shall apply for a development permit no later than one (1) year following final approval of the PUD. The application for development permit shall contain all conditions of the PUD approval. 2. Extensions. An extension of time for development permit application may be requested in writing by the applicant. Such an extension may be granted by the Planning Director for a period not to exceed one (1) year. If a development permit is not issued within one year (or eighteen months, including extension) the PUD approval shall become null and void and the PUD shall not take effect. H. Modifications Of The Plan. Requests for modifications of final approved plans shall be made in writing and shall be submitted to the Planning Department in the manner and form prescribed by the Planning Director. The criteria for approval of a request for a major modification shall be those criteria covering original approval of the permit which is the subject of the proposed modification. 1. Minor Modifications. Modifications are deemed minor if the following criteria are satisfied: (a) No new land use is proposed; and (b) No increase in density, number of dwelling units or lots id proposed; and (c) No changes in the general location or number of access points is proposed; and (d) No reduction in the amount of open space is proposed; and (e) No reduction in the amount of parking is proposed; and i (f) No increase in the total square footage of structures to be developed is proposed; and I - 8 - (g) No increase in general height of structures is proposed. Examples of minor modifications include but are not limited to lot line adjustments, minor relocations of buildings or landscaped areas, minor changes in phasing and timing, and minor changes is elevations of buildings. 2. Major Modifications. Major adjustments are those which, as determined by the Planning Director, substantially change the basic design, density, open space or other similar requirements or provisions. Major adjustments to the development plans shall be reviewed by the Hearing Examiner. The Hearing Examiner may review such adjustments at a regular public hearing. If a public hearing is held, the process outlined in Kent City Code 15.04.080.F. shall apply. The Hearing Examiner shall issue a written decision to approve, deny, or modify the request. Such a decision shall be final. The decision may be appealed to the City Council by the filing of written notice of appeal with the City Clerk within fourteen (14) days of the date of the Developer's receipt of the Hearing Examiners decision. Section 3. Kent City Code Chapter 2.54 is amended as -. follows: CHAPTER 2.54 LAND USE HEARING EXAMINER 2.54.010. TITLE. This Chapter shall be hereinafter known as the "Land Use Hearing Examiner Ordinance" or "Hearing Examiner," may be cited as such, will be hereinafter referred to as "this Chapter" and the same shall be and constitute a new section of Chapter 2 of the Kent City Code. (0.2233, 51) 2.54.020. GENERAL OBJECTIVES. It is the general objective of this Chapter to: A. Provide a single, efficient, integrated land use regulatory hearing system; B. Render land use regulatory decisions and recommenda- tions to the City Council; j _- C. Provide a greater degree of due process in land use regulatory hearings; D. Separate the land use policy formulation and the land use policy administration processes. (0.2233, 52) 2.54.030. CREATION OF LAND USE HEARING EXAMINER. The office of the Land Use Hearing Examiner, hereinafter referred to as Examiner, is created. The Examiner shall interpret, review, and implement land use regulations as provided in this Chapter and other ordinances. The term Examiner shall likewise include the Examiner Pro Tem. (0.2233, 53) - 9 - I 2.54.040. APPOINTMENT AND TERMS. The Hearing Examiner and Examiner Pro Tem shall be appointed by the City Administrator and shall serve at the pleasure of the City Administrator. (0.2233, S4) I 2.54.050. COMPENSATION. The Examiner and Examiner Pro Tem may, at the discretion of the City Council, be classified as permanent part-time employees, or the City may contract with the Examiner and Examiner Pro Tem for the performance of duties described in this Chapter. The compensation to be paid the Examiner and Examiner Pro Tem shall be that established in the annual City budget. (0.2233, S5) 2.54.060. QUALIFICATIONS. The Examiner and Examiner Prol Tem shall be appointed solely with regard to their qualifications for the duties of the office which shall include, but not be limited to, persons with appropriate educational experience, such as an urban planner, or public administrator, with at least five years' experience, persons who have extensive experience in plan- ning work in a responsible capacity, and persons with legal expe- rience, particularly where the experience is in the area of land use management of administrative law. (0.2233, S6) 2.54.070. EXAMINER PRO TEM--QUALIFICATIONS AND DUTIES. The Examiner Pro Tem shall, in the event of the absence or the inability of the Examiner to act, have all the duties and powers of the Examiner. (0.2233, S7) 2.54.080. HEARING EXAMINER--CONFLICT OF INTEREST AND FREEDOM FROM IMPROPER INFLUENCE. The Examiner shall not conduct or participate in any hearing or decision in which the Examiner has a direct or indirect personal interest which might exert such influence upon the Examiner that might interfere with his or her decision-making process.. Any actual or potential conflict of interest shall be disclosed to the parties immediately upon discovery of such conflict. Participants in the land use regulatory process have the right, insofar as possible, to have the Examiner free from personal interest or prehearing contacts on land use regulatory matters considered by him or her. It is recognized that there is a countervailing public right to free access to public officials on any matter. If such personal or prehearing interest contact impairs the Examiner's ability to act on the matter, such person shall so state and shall abstain therefrom to the end that the proceeding is fair and has the appearance of fairness, unless all parties agree in writing to have the matter heard by said Examiner. (0.2233, S8) 2.54.090. FREEDOM FROM IMPROPFR INFLUENCE. No Council member, City official, or any other person shall attempt to inter- fere with, or improperly influence the Examiner in the performance of his or her designated duties. (0.2233, S9) 2.54.100. DUTIES OF THE EXAMINER. I A. Applications. The Examiner shall receive and examine available information, conduct public hearings, prepare a ( record thereof, and enter findings of fact and conclusions based 10 - upon those facts, which conclusions shall represent the final action on the application, unless appealed, as hereinbelow specified, for the following types of applications: 1. Conditional use permits; 2. Shoreline permits; 3. Sign variances_; 4. Planned unit developments. The Examiner shall receive and examine available information, conduct public hearings, prepare a record thereof and enter findings of fact and conclusions based upon those facts, together with a recommendation to the City Council, for the following applications: a. Rezones; b. Preliminary plats; e. Planned-unit-develepments; d. Special use combining districts, including mobile home park combining districts. e. Initial zoning designations for annexed areas or zoning designations for proposed annexations to become -•• effective upon annexation. The Examiner shall also conduct public hearings when required under the provisions of the State Environmental Policy Act; conduct public hearings relative to possible revocation of any conditional use permit; conduct such other hearings as the Council may from time to time deem appropriate. B. Recommendation or Decision. 1. The Examiner's recommendation or decision may be to grant or deny the application, or the Examiner may recommend or require of the applicant such conditions, modifications and restrictions as the Examiner finds necessary to make the applica- tion compatible with its environment and carry out the objectives and goals of the comprehensive plan, the zoning code, the sub- division code, and other codes and ordinances of the City. Condi- tions, modifications and restrictions which may be imposed are, but are not limited to, additional setbacks, screenings in the form of landscaping and fencing, covenants, easements and dedica- tions of additional roads rights-of-way. Performance bonds may bel re-required to insure compliance with conditions, modifications and restrictions. 2. In regard to applications for rezones, preliminary and final plat approval, PUB's and special use combining districts the Examiner's findings and conclusions shall be submitted to the City Council, which shall have the final authority to act on such applications. The hearing by the Examiner shall constitute the hearing by the City Council. (0.2469, S2) - 11 - i 2.54.110. APPLICATIONS. Applications for all matters to be heard by the Examiner shall be presented to the Planning Department. When it is found an application meets the filing requirements of the Planning Department, it shall be accepted. The department shall be responsible for assigning a date of public hearing for each application which date shall not be more than one hundred days after the applicant has complied with all require- ments and furnished all necessary data for the Planning - Department. (0.2233, Sll) 2.54.120. REPORT BY PLANNING DEPARTMENT. Department shall coordinate and assemble the comments and recommendations of other City departments and governmental agencies having an interest in the subject application and shall prepare a report summarizing the factors involved and the Planning Department findings and supportive recommendations. At least seven calendar days prior to the scheduled hearing, the report shall be filed with the Examiner and copies thereof shall be mailed to the applicant and shall be made available for use by any interested party for the cost of reproduction. (0.2233, S12) 2.54.130. PUBLIC HEARING. Before rendering a decision or recommendation on any application, the Examiner shall hold at least one public hearing thereon. Notice of the time and place of the public hearing shall be given as provided in the ordinance governing the application. If none is specifically set forth, such notice shall be given at least ten days prior to such hearing. I The Examiner shall have the power to prescribe rules and regulations for the conduct of hearings under this Chapter and also to administer oaths, and preserve order. (0.2233, S13) 2 .54.140. EXAMINER'S DECISION AND RECOMMENDATION--FINDINGS REQUIRED. When the Examiner renders a decision or recommendation, the Examiner shall make and enter written findings from the record and conclusions therefrom which support such decision, which decision shall be rendered within fourteen calendar days of the conclusion of the hearing. The copy ! of such decision including findings and conclusions, shall be transmitted by certified mail, return receipt requested, to the applicant and other parties of record in the case requesting the same. In the case of applications requiring Council approval, the Examiner shall file a decision with the City Council at the expiration of the period' provided for a rehearing or within fourteen days of the conclusion of a rehearing, if one is conducted. (0.2233, S14) 2.54.150. RECONSIDERATION. Any aggrieved person feelingi that the decision of the Examiner is based on erroneous proce- dures, errors of law or fact, error in judgment, or the discovery of new evidence which could not be reasonably available at the prior hearing, may make a written request for reconsideration by the Examiner within fourteen days of the date the decision is rendered. This request shall set forth the specific errors or new information relied upon by such appellant, and the Examiner may, I 12 - after review of the record, take further action as he or she deems proper. (0.2233, 515) 2.54.160. APPEAL OF EXAMINER'S DECISION. Any party who feels aggrieved by the Examiner's decision may submit an appeal in writing to the Council within fourteen calendar days from the date the final decision of the Examiner is rendered, requesting a review of such decision. Such appeal shall be upon the record, established and made at the hearing held by the Examiner, provided that new evidence which was not available at the time of the hearing held by the Examiner may be included in such appeal. The term "new evidence" shall mean only evidence discovered after the hearing held by the Examiner and shall not include evidence which was available or which could reasonably have been available and was - simply not presented at the hearing for whatever reason. i Such written appeal shall allege specific errors of fact, specific procedural errors, omissions from the record, errors in the interpretation of the Comprehensive Plan or new evidence which was not available at the time of the hearing held by the Examiner. Upon such written appeal being filed within the time period allotted and upon payment of fees as required, a hearing shall be held by the City Council. Such hearing shall be held in i accordance with appeal procedures adopted by the City Council by resolution. If the Examiner has recommended approval of the proposal, such recommendation shall be considered by the City Council at the same time as the consideration of the appeal. (0.2233, 516) 2.54.170. COUNCIL ACTION. Any application requiring action by the City Council shall be taken by the adoption of a resolution or ordinance by the Council. When taking any such final action, the Council shall make and enter findings of fact from the record and conclusions therefrom which support its action. The City Council may adopt all or portions of the • Examiner's findings and conclusions. In the case of an ordinance for rezone of property, the ordinance shall not be placed on the Council's agenda until all ,• conditions, restrictions, or modifications which may have been stipulated by the Council have been accomplished or provisions for compliance made to the satisfaction of the Legal Department. The action of the Council, approving, modifying, or rejecting a decision of the Examiner, shall be final and conclu- sive, unless within twenty calendar days from the date of the Council action an aggrieved party or person applies for a writ of certiorari to the Superior Court of Washington for King County, for the purpose of review of the action taken. (0.2233, 517) 2.54.180. CITY ADMINISTRATIVE STAFF TO BE CONSIDERED A "PERSON" OR "PARTY." For the purpose of Sections 2.54.60 and 2.54.64, the City's administrative staff shall be considered a "person" and/or "party" and shall have the same rights as any other person or party to make requests for reconsideration by the Hearing Examiner or to appeal decisions of the Hearing Examiner to the City Council. (0.2302, 51) I 13 - ' I Section 4. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and confirmed. Section 5. 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: SANDRA DRISCOLL, CITY ATTORNEY PASSED the day of , 1988. i APPROVED the day of , 1988. PUBLISHED the day of , 1988. I hereby certify that this is a true copy of Ordinance No. , passed by the City Council of the City of Kent, Washington, and approved by the Mayor of the City of Kent as hereon indicated. (SEAL) MARIE JENSEN, CITY CLERK 6040-220 14 - V �\ Kent City Council Meeting Date September 6, 1988 �V 1 Category Other Business SUBJECT: PROPOSED AMENDMENT TO KENT ZONING CODE 15 . 09 .030 E NO. ZCA-88-5 2. SL74KARY STATEMENT: On July 25 , 1988 the Planning Commission recommended to the City Council that Kent City Code Section 15 .09 .030 E 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 Planning Committee. 3 . EXHIBITS: Planning Commission minutes, staff report, memo from City Attorney 4. RECOMMENDED BY: _Planning Commission 7/25/88 (Committee, Staff, Examiner, Commission, etc. ) 5 . EXPENDITURE REQUIRED: $ N/A ,... SOURCE OF FUNDS: 6. CITY COUNCIL ACTION: Councilmember W L moves, Councilmember seconds to refer zoning code amendment No. ZCA-88-5 to he Planning Committee for consideration DISCUSSION: ACTION: Council Agenda Item No. 4D OFFICE OF THE CITY ATTORNEY DATE: August 26, 1988 TO- The Honorable Mayor and Councilmembers #UBOECT: Sandra Driscoll , City Attorney BOARD OF ADJUSTMENT AND HEARING EXAMINER - STATUTORY AND CODE PROVISIONS Set forth below is a summary of the state laws and Kent City Code relating to the Board of Adjustment and Hearing Examiner. I . BOARD OF ADJUSTMENT A. Statutory Provisions (RCW 35A.63.110) 1 . A code city that creates a planning agency, such as the City of Kent, must create, by ordinance, a board of adjustment and make provisions for its membership, terms of office, organization, and jurisdiction. 2. Unlike the hearing examiner, the action of the Board is final and conclusive. The only right ' afforded a developer or applicant is a right to appeal , with ten days from the date of the action, to the superior court seeking a writ of certiorari , prohibition, or mandamus. 3. No member of the board of adjustment can be a member of the planning commission or the City Council . 4. The Board of Adjustment may be empowered by the Council to hear and decide: a. Administrative Determination Appeals - Appeals from orders, recommendations, permits, decisions, or determinations made by the planning official in the administration or enforcement of the laws related to planning and zoning. b. Variances - Applications for variances from the terms of the zoning ordinance, the official map ordinance, or other land use regulatory ordinances pursuant to procedures and conditions prescribed by the City Council through ordinance, which, among other things, must provide that no application for a variance can be granted unless the Board of Adjustment finds: 1 . the variance shall not constitute a grant of special privilege inconsistent with the limitation upon uses of other properties in the vicinity and zone in which the property on behalf of which the application was filed is located; and 2. that variance is necessary, because of special circumstances relating to the size, shape, topography, location, or surroundings of the subject property, to provide it with use rights and privileges permitted to other properties in the vicinity and in the zone in which the subject property is located; and 3. that the granting of such variance will not be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity and zone in which the subject property is situated. C. Conditional Use Permits - Applications for conditional -use permits, unless such applications are to be heard and decided by the planning commission. A conditional use means a use listed among those classified in any given zone but permitted to locate only after review as provided within the state laws with standards and cr.iterias as set forth in the city zoning ordinance. d. Other items - Such other quasi-judicial and administrative determinations as may be delegated by city ordinance. - 2 - 5. The board of adjustment must issue a written report giving the reasons for its decision. 6. If the city provides for a hearing examiner and gives the hearing _ examiner the authority to decide items related to administrative decisions, variances, or conditional uses, then the city is not required to create a board of adjustment. , I B. Kent City Code (Chapter 12.12 ) 1 . Chapter 12.12 creates the Board of Adjustment. It must consist of citizens having an understanding of the benefits of planning and i zoning to the City. No member may be a member of the Planning _. Commission or the City Council . 2. The Council has determined that the Board of Adjustment shall hear and decide: a. Administrative Determination Appeals - appeals from orders, recommendations, permits, decisions or determinations made by a - city official in the administration or enforcement of the provisions of the Kent Zoning Code or any ordinance adopted pursuant to it. b. Variances - applications for variances from the terms of the Zoning Code, provided that no applications for a variance can be granted unless it meets those criteria set forth in Section I .A.5.b. above. C. Other - other quasi-judicial and administrative determinations that may be delegated by the Council through ordinance. 3. The Board must have rules and regulations for its operation and must have at least one regular meeting each month unless no issues are pending before the Board. All actions of the Board are final and conclusive unless appealed directly to Superior Court. No Board of Adjustment action can be reviewed by the City Council . - 3 - II. HEARING EXAMINER A. Statutory Provisions (RCW 35A.63.170) 1 . A city council is authorized to adopt a hearing examiner system in which such examiner may hear and decide applications for amending the zoning ordinance when the amendment that is applied for is not of general applicability. It is the planning commission that, by statute, hears those matters that are of general application. The council may also give the hearing examiner the power to hear and decide applications for conditional uses, variances or any other class of applications for or pertaining to land uses that the council believes should be reviewed and decided by the hearing examiner. 2. If the city gives the authority to the hearing examiner to hear and decide variances, then the city is not required to provide for a board of adjustment. 3. The Council must set out by ordinance the legal effect of the different decisions made for the different classes of applications heard by the hearing examiner. This shall include one of the following: a. the decision may be given the effect of a recommendation to the council ; or b. the decision may be given the effect of an administrative decision appealable within a specific time to the council . B. Kent City Code (Chapter 2.54) 1 . The Kent City Council has set forth a land use hearing examiner system in Chapter 2.54 Kent City Code. The rationale is stated as being: a. provide a single, efficient, integrated land use regulatory hearing system; - 4 - b. render land use regulatory decisions and recommendations to the City Council ; C. provide a greater degree of due process in land use regulatory hearings; d. separate the land use policy formulation and the land use policy administration processes. 2. The Hearing Examiner hears the following types of applications: a. Administrative decisions. 1 . The hearing examiner makes administrative decisions on the following: a. conditional use permits; b. shoreline permits; and C. sign variances . 2. The above constitutes a final action. An appeal to the City Council of such determinations must be made within 14 ,. calendar days from the date of the final decision. 3. The City Council must hold a hearing through procedures adopted by resolution. The action of the Council must result in making and entering findings of fact, which could include adoption of all or a portion of the Examiner's findings and conclusions. That action of the Council is final unless appealed to Superior Court within 20 calendar days from the date of the Council action. - 5 - b. Recommendations. 1 . The Examiner also hears matters of a legislative nature that constitute recommendations to the Council . These are: a. rezones; b. preliminary plats; C. planned unit development; d. special use combining districts, including mobile home park combining districts. e. initial zoning designation for annexed areas or zoning designations for proposed annexations to become effective upon annexation; f. public hearings required under the provisions of the State Environmental Policy Act; g. public hearings relative to possible revocation of a conditional use permit; h. other hearings as the Council may from time to time deem appropriate. 2. The Hearing Examiner recommendation or decision may be to: a. grant or deny the application; b. recommend or require the applicant to fulfill certain conditions, modifications or restrictions as the Examiner finds necessary to make the application compatible with its environment and carry out the objectives and goals of the Comprehensive Plan, the Zoning Code, the Subdivision Code, and other codes and ordinances in the City. Examples of such conditions or restrictions are additional setbacks, screenings in the form of landscaping and fencing, covenants, easements, dedications of additional roads rights-of-way and performance bonds. - 6 - 3. The hearing by the Examiner is considered to be the hearing by the Council . A hearing before the Hearing Examiner must take place not more than 100 days after the applicant has compiled with all requirements and furnished all necessary data for the Planning Department. 4. The City Council is the final decision maker on these recommended matters. cc: Brent McFall 4225L-19L - 7 - j- KENT PLANNING DEPARTMENT August 11, 1988 IW.., MEMO TO: Mayor Dan Kelleher and City Council Members FROM: James P. Harris, Planning Director SUBJECT: Hearing Examiner approval of exceptions to development standards under the conditional use permit section of the zoning code On July 25, 1988 the Planning Commission recommended to the City . Council that Kent City Code Section 15. 09 . 030 be amended to give w 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. The recommendation made by the Planning Commission will introduce more flexibility into the conditional use permit process by allowing the Hearing Examiner to consider all parts of a conditional use permit application. Under the current _.. procedures, the Hearing Examiner cannot consider a different setback or sign size since a strict application of the zoning code requirements must be followed by the Examiner when considering a conditional use permit. A list of items the Hearing Examiner might consider under the Planning Commission recommendation follows: 1. Signs - where proposed signs might not fit the strict size for height of the underlying zoning district, but when viewed within the context of the conditional use permit may actually enhance the attractiveness of the proposal. 2 . Height of unique structures - again taken within the context of the overall proposal for a conditional use permit. Height greater than that permitted by the underlying zoning district may make the project - workable while not detracting from the surrounding properties. 3 . Setbacks - varied setbacks may permit a better development, again in the context of an overall conditional use permit, than strict adherence to the underlying zoning requirements. 4 . Density - in the Community Commercial zone a conditional use permit is required for multifamily projects. The Hearing Examiner could more readily deal with all aspects of such a conditional use permit application, including height of buildings, setbacks and density if the proposed amendment is approved. JPH:ca 1 KENT PLANNING COMMISSION MINUTES I 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 I 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 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 entirety. He used as an example a large development in which the Hearing Examiner could look at all aspects of the development 1 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 3 , 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 l 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. ADJOURNMENT Commissioner Badger adjourned the meeting at 9 : 55 p.m. Respectfully submitted, Jam P. Harris, Planning Director 9 V Kent City Council Meeting Date September 6, 1988 Category Other Business 1. SUBJECT: 272ND/277TH STREET CORRIDOR llc: 2 . SUMMARY STATEMENT: The Public Works Committee recommends that the Mayor be authorized to sign a memorandum of understanding naming Kent as lead agency to do study on the alignment of the 272nd/277th corridor from the Green River to Kent-Kangley Rd. " 3 . EXHIBITS: Excerpt from the Public Works Committee minutes 4. RECOMMENDED BY: Staff (Committee, Staff, Examiner, Commission, etc . ) 5 . EXPENDITURE REQUIRED: $ N/A SOURCE OF FUNDS: 6 . CITY COUNCIL ACTION: Councilmember _ moves, Councilmember __seconds L.G -ft a the tUommendation � • DISCUSSION: ACTION: / Council Agenda // , Item No. 4E Public Works Committee August 23, 1988 Page 2 CANYON DRIVE LEFT TURN LANES _. Morris indicated he had spoken with WSDOT iwho indicated if the City passed an ordinance reducing the speed to 35 they would take it to the Highway Commission and proceed with reducing it to 35 and then the City could post it. The speed limit is currently 40 MPH from Jason to the top of the hill. WSDOT indicated they would like to have the speed limit consistent from Central. It currently is 30 MPH from Central to Jason. Biteman stated that sounded reasonable. Morris cited that from March of 1987 to August of 1987 there were 11 accidents. For the same time period this year there have been only 3 . Biteman moved the speed limit be changed to 35 from Central to the top of the hill. The Committee concurred. There was discussion about vehicles cutting across the pylons. Johnson asked that a response be prepared for his signature to Dr. Huber's letter. PROPERTY ACQUISITION 72ND AVENUE VICINITY OF S. 196TH Wickstrom outlined the property and indicated it had recently be placed on the market for $390, 000 which he is evaluating. The property lies in the proposed alignment of the extension of 72nd to connect it between 228th and 196th. Wickstrom indicated he felt it would be better to acquire the property now rather than letting it develop and have to condemn later. Biteman asked if we had any liability from Western Processing. Williamson indicated that the extension of 72nd is being addressed in the cleanup plans. Wickstrom requested authorization to proceed with the acquisition. Biteman moved to approve the request. The Committee concurred. MEMORANDUM OF UNDERSTANDING 272ND/277TH CORRIDOR Wickstrom indicated the Attorney' s office is preparing a memorandum of understanding with the County allowing Kent to act as lead agency for an alignment study from Central Avenue up to SR 516. Wickstrom requested the Committee's approval for the Mayor to sign the memorandum of understanding once it has been prepared. The' Committee concurred. UPDATE ON CITY'S RECYCLING PROGRAM McFall stated he wanted to bring the Committee up to date on this project and also relay a request by one of the collection companies. McFall reviewed that the City has negotiated a contract with Rabanco/Kent Disposal for a curbside residential recycling SE 272ND/277TH GREEN RIVER VALLEY AREA ACCESS STUDY AGREEMENT The Agreement is entered into this day of 1988, between the City of Kent, Washington, hereafter referred to as "Kent", and King County, hereafter referred to as "County." WHEREAS, Kent and the County desire to enter into an agreement to fund a study to analyze existing congestion problems in the SE 272nd/277th corridor in Kent in King County and to recommend transportation solutions to the problems, and WHEREAS, pursuant to that contract, Kent has agreed to undertake the lead role in contracting for and preparing the study, and WHEREAS, the County shares the concerns of Kent over future planning for transportation solutions to the SE 272nd/277th corridor congestion in Kent in King County and desires to contribute to the costs of the study, now, therefore, In consideration of mutual benefits the parties agree as follows: 1 . Kent shall undertake the transportation planning study as set forth in the scope of work activities attached hereto as Exhibit A. Kent shall act as lead agent and contracting authority for the study, including preparation of a programmatic environmental impact statement. 2. Total costs associated with the study are expected to be $100,000.00 which shall constitute Kent's total and required contribution for a comprehensive study of the 272nd/277th corridor to be undertaken by Kent, Auburn, Washington State Dept. of Transportation and King County. 3. Kent shall consult regularly with the County on the progress of the preparation of the study. A final report acceptable to the County shall be submitted to the County within 45 days of completion of the study. 4. No liability shall attach to Kent or the County by reason of entering into this Agreement except as expressly provided herein. 5. Kent shall be deeme an i dependent contractor for all purposes and the employees of , or any of its contractors, subcontractors and the employees shall not in any manner be deemed to be employees or agents of the County. 6. Kent and King County shall provide in-kind staff to carry out the work activities described in the attached scope of work. 7. Each party hereto agrees to indemnify and hold harmless the other party, its officers, agents and employees for all claims (including demands, suits, penalties, losses, damages or costs of any kind whatsoever) to the extent such claim arises or is caused by the indemnifying party's negligence or that of its officers, agents or employees in performance of this agreement. 8. This Agreement shall be effective upon respective Council approval and execution, and shall terminate when the obligations hereunder have been completed. 9. This Agreement may be amended or terminated by written agreement of both parties. - Approved: Ong County Approved as to form: Title: KING COUNTY EXECUTIVE Norm Maleng, Prosecuting Attorney Date: Approved: City of Kent Title: Mayor Date: WITNESSETH: Marie Jensen, City Clerk Approved as to form: OFFICE OF THE CITY ATTORNEY by: 4237L-17L EXHIBIT A SCOPE OF WORK 272nd/277th CORRIDOR STUDY I . Collect and review of available data on existing conditions and elements of the environment including the following subjects: A. Physical Conditions Geology and soils Topography Waterways and hydrologic systems Water quality Flood plains ' Wetlands Vegetation Wildlife and wildlife habitat Air quality Noise Prime and unique farmlands B. Environmental Hazards Hazardous waste Asbestos C. Regional and Community Conditions Transportation/traffic Visual quality Land use Services Recreation Employment D. Historic and Archaeological Inventory Cultural , historic, and archaeological resources E. Forecast Population and Employment For the years 2000 and 2010 II. Utilizing aerial mapping showing existing topographical features and ground contours, develop alternative alignments for a proposed corridor route A. Alignments for the valley portion and slope climb of 277th. B. Alignments for the plateau portion across to SR-18. C. Alternatives for SR-516 designation. III. Develop criteria to analyze the alternatives. IV. Conduct a preliminary geotechnical survey including a literature search of available existing information and a visual geologic reconnaissance. Test pits or borings will be performed along alternate alignments to evaluate the subsurface soil structure. Design options will be considered and major geotechnical issues influencing the design or construction of the project will be addressed. V. Perform "P - Line" survey for alternative alignments. VI. Perform necessary investigation and data collection to determine bridge crossing location, and bridge and road type and configuration. VII. Prepare alternatives analysis and design report required under State Environmental Policy Act. This report will contain a discussion of each alignment alternative and the associated impacts of each in the areas listed below as well as design options for the roadway . (particularly where options are limited such as 277th between the West Valley Highway and 86th Avenue S) . Also to be included are design options which include HOV facilities. D. Historic and Archaeological Preservation Effects Cultural , historic and archaeological resources E. Identify mitigation measures to identified impacts of any development proposal and alternatives. F. Prepare preliminary project cost estimates for all proposals and alternatives using King County cost model available. VIII. Provide technical material as needed for verbal-visual presentations at public meetings. Attend and participate in the meetings. Kent staff will retain overall responsibility for the meetings. A total of 4 meetings are anticipated. IX. Prepare an Environmental Impact Statement under current SEPA guidelines. The EIS will consist of the following items: A. Review and collection of background data. B. Field work. C. Impact analysis of alternative alignments and mitigating measures. D. Draft EIS and scoping. E. Attend public meetings as detailed in VIII. above. F. Final EIS and response to comments on DEIS. Included will be a recommendation of a final specific alignment for the entire corridor. X. Recommend phasing schemes based on various financial scenarios. XI . Prepare establishment plans for chosen route in accordance with the procedures provided by the County. 4237L-17L Kent City Council Meeting Date September 6, 1988 Category Bids 1. SUBJECT: BIDS FOR FIRE DEPARTMENT TWO AID VEHICLES, TWO ENGINE AID APPARATUS AND ONE LADDER TRUCK _ 2. SUMMARY STATEMENT: Bids on this equipment were opened on July 15, 1988 . -••• 3 . EXHIBITS: Executive summary, bid proposal evaluations and recommendation 4. RECOMMENDED BY: Public Safety Committee Fire Administration (Committee, Staff, Examiner, Commission, etc . ) 5 . EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: Already dedicated - Public Safety Bonds 6. CITY COUNCIL ACTION: Councilmember 66 moves, Councilmember seconds to award bids as follows : C. L. Kirk Co. in the amount of $158 , 110.00 for the two aid vehicles. ••• Mays Equipment Co. in the amount of $440, 615 . 60 for the two engine aid apparatus, and Gw-K- +(,,� Cu•2., OV reiect all bids for the aerial ladder truck and authorize a recall for bids for this item. DISCUSSION: ACTION: Council Agenda Item No. 5A EXECUTIVE SUMMARY AUGUST 31, 1988 TO: MAYOR KELLEHER, COUNCIL PRESIDENT WHITE, COUNCILMEMBERS BITEMAN, JOHNSON, WOODS, HOUSER, DOWELL, MANN FROM: NORM ANGELO, FIRE CHIEFS-�� SUBJECT: APPROVAL OF CONTRACT FOR THE CONSTRUCTION OF APPARATUS ---------------------------------------------------------------- INTRODUCTION/BACKGROUND As you are aware, we recently advertised for bid proposals on the aid vehicles, engine/aid apparatus and aerial ladder truck as approved in the Public Safety Bond project. On July 15, 1988 we opened the bids. We received three (3) bids on the aid vehicles ranging from $69, 383 . 00 to $73 , 335. 00 each plus sales tax. We received one (1) bid on the engine/aid apparatus at $203 , 800 plus sales tax. This bid price was offered due to our going to bid with King County Fire Protection District W37 for multiple units. With our purchase of two (2) units and their purchase of four (4) units, the City is able to save $10, 377 . 60 . We received three (3) bids on the aerial ladder truck ranging from $356, 631. 00 to $452 , 000. 00 plus sales tax. Please see Bid Summary Sheet for more detail . RECOMMENDED ACTION Based on detailed bid proposal analysis (see attached analysis for details) , the fire department recommends awarding the bid for the two (2) aid vehicles to the high bidder, C. L. Kirk Co. , Inc. Memo to Mayor Kelleher and the Council August 31, 1988 Page 2 for Road Rescue ambulances. This bidder was the only bidder that totally met our specifications. The fire department recommends awarding the bid for the two (2) engine/aid apparatus to the only bidder, Mays Equipment Company for Pierce Fire Apparatus. The Pierce proposal met our specifications with very few minor exceptions. Pierce is the manufacturer that built our two (2) present engine/aid apparatus. It is the recommendation of the fire department to reject all bid proposals for the aerial ladder truck and advertise for bid again. None of the bid proposals met our specifications. Attached is a detailed analysis of the bid proposals submitted from which we made our recommendations. SIGNIFICANCE This will allow for the proposed apparatus to be delivered in a timely manner in keeping with the Bond Levy timelines. BUDGET/ECONOMIC IMPACT This has been budgeted through the Bond Levy with no impact on the general operating budget of the department. ALTERNATIVES/CONSEQUENCES None tcn H � I yt=] I y IC G n I po �A 1 {1 �'• � w I a r• I fi - ~ ["+ I G �' 1 F'• w I N r- 1 n fY 1 I fD _ N 1 I N H I I I I I I 1 1 - x H u) En I I C) t7j C a tj r• (0 1 a I x o (D N O 1 1 EnI r (D Cr a G z I I H (D O ty: t� (D I txj I x H H H 4 w En rrt i `G i n � o r a (D I r• 1 a G ro a H I a7 1 (D (D :3 1 ;9 1 n _ In ID H - I (D 1 o G G I G I H TJ rt H H I rt I n £ O 1 H C O (D I O 1 G • H I I O n N I I O _ I I I I I 1 I I tb I I H to <n •an I iR I to in to O G A W W I N I J J at F'• H _.. In to cn I O 1 w N ko (t r• to n� rn I w 1I �r 4 O to al I co I W UI 00 G :j O .01 w I O I In 10• W rt a o In Fj I o I H - • I I o 0 o H FC o O O I O 1 O O O a w 0 o O I o I X r• N 1 I a I I H to <) I 1 H w w 1 I rt _1 In I I (D W N N I I 5 F'• W H I I 0% P I I z h7 o O I O 1 O O O O H I 1 ft N• O Oi I I Q O O I I (n (D (D t-I I I 0 (D 1 1 r• N I I I-h In I I F-•• 1 I I 1 Sy I I I I I I in in •N ( to Ifn •tR {n W 4P w I N I -1 J -4 F•• O O 03 I N W 00 N 0 I O I rn ui m t w I In o io H F' N rn 1 o I to (n 4� w n N to w 1 J I >C H o fo I m I 0 -4 -4 sy 0 00 w 1 0 I I-- I I G I 1 � EVALUATION OF AID CAR PROPOSALS In evaluating the three (3) bid proposals, we looked at all. three (3) with an open mind. Only one (1) bidder met our specifications totally and that was the high bid. The following delineates the significant differences between the three (3 ) units. 1. Low bidder at $69, 383 . 00 each plus tax, ($74 , 794 . 87 with tax) was Collins Ambulance (McPherson Supply Co) . a. Electrical warranty is two (2) years versus three (3) years of other bidders. b. Cab roof extension is fiberglass with bellows between cab and module versus our specified aluminum with neoprene seal between the cab and the module. We feel that the aluminum design is stronger. C. Subfloor is 5/8 inch plywood over flat aluminum sheet versus the specified 3/4 inch plywood over corrugated aluminum material. We feel our spec to be a stronger system. d. Module side access is smaller than our specifications. e. Module rear access is smaller than our specifications. f. Rear door windows are smaller than our specifications by 90 square inches . g. Module insulation is R19 fiberglass batts versus 2" solid foam which is called for in our specifications. We feel that solid foam will stay in place better. h. Interior cabinets are 3/4 inch plywood versus aluminum as specified. Plywood cabinets are not as durable in our use and are also heavier. i. Cab to module walkthru is narrower than our specifications by 3 1/4 inches. The wider opening makes it easier to go between cab and module. j . Walkthru door window is smaller than our specifications by 90 square inches . k. Module headliner is molded fiberglass with no padding versus vinyl upholstery over 1/2" foam as specified. Padding allows for some head protection and also is more sound absorbing. Evaluation of Aid Car Proposals Page 2 1. Squad bench - only half opens making access to long items more difficult. M. Module heating is 60, 000 BTU versus 65, 000 BTU as specified. Module cooling is 22 , 000 BTU versus 23 , 000 BTU as specified. n. Exterior compartments are not to our specifications, which in some cases would make us relocate equipment which we planned in certain areas. o. Interior compartments are not to our specifications. p. Quality of this unit is questionable. We arranged to have a demonstrator unit here for several days, the firefighters were not impressed with the overall quality. 2 . Middle priced bidder at $72 , 254 . 00 each plus tax ($78 , 106. 57 with tax) , was Excellance Ambulance (Excellance, Inc. ) . a. Cab roof extension is welded to the module versus a neoprene seal between the cab and module . This welding ties the cab and module together and does not allow for necessary flexing. In our opinion, this could result in failure in the cab to module connection. b. Subfloor has a flat aluminum piece versus a corrugated aluminum system. We feel the corrugated floor system to be stronger. C. Exterior compartment door handles are "D" ring type versus paddle type as specified . d. The alternator will have an internal regulator versus a external regulator. In the past, we have had many failures of alternators with internal regulators due to heat build-up, so we specified external regulators which can be located in a more controlled environment. e. Cab to module walkthru is narrower than specifications by 2 inches. The wider walkthru " makes it easier to go from the cab to the module. i E Evaluation of Aid Car Proposals Page 3 f. Walkthru door window is smaller than specifications by 27 square inches. g• Module headliner is color coordinated aluminum versus vinyl upholstery over 1/2 inch foam padding as specified. The foam padding gives more head protection and is more sound absorbing. h. Module heating is 40, 000 BTU versus 65, 000 BTU as specified. Module cooling is 20, 000 BTU versus 23 , 000 BTU as specified. The heating and cooling capabilities are significantly lower with this unit. I i. The interior surface of the module is formica ` which does not have the sound absorbing capabilities of vinyl . i j . The quality of this unit is unknown as there are none in the northwest to look at. 3 . High bidder at $73 , 335. 00 each plus tax ($79 , 055. 00 with tax) was Road Rescue (C.L. Kirk Co. , Inc. ) a. This is the only bidder that took no exceptions to our specifications. They did propose to increase the size of the alternator to 200 amps to give us more electrical capacity. b. We have seen examples of this apparatus and the quality has always been good. Based on the above, I recommend that we award the aid car to Road Rescue, Inc. , as bid by C.L. Kirk Co. , Inc. Kent City Council Meeting G Date September 6, 1988 0 Category Bids 1. SUBJECT: LID 327 WEST VALLEY HIGHWAY EMBANKMENT AND FILL 2 . SUMMARY STATEMENT: Bid opening is scheduled for September 6 . The Director of Public Works will review the bids received and make a recommendation as to award. 3 . EXHIBITS• 4 . RECOMMENDED BY: (Committee, Staff, Examiner, Commission, etc . ) 5 . EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: 6 . CITY COUNCIL ACTION: Councilmember moves, C ncilmember seconds to approve the recommendatio of the Director of Public Works and to award the contrac f r the LID 327 West Valley Highway embankment and fill to at $ DISCUSSION: _ ACTION: Council Agenda Item No. 5B R E P O R T S A. COUNCIL PRESIDENT l� -. B. OPERATIONS COMMITTEE C. PUBLIC WORKS COMMITTEE D. PLANNING COMMITTEE E. PUBLIC SAFETY COMMITTEE F. PARKS COMMITTEE �� G. ADMINISTRATIVE REPORTS J KENT CITY COUNCIL PLANNING COMMITTEE July 19, 1988 4 : 00 PM Committee Members Present Others Present Judy Woods, Chair Laurie Dowling Steve Dowell Gary Gill, Engineering Jon Johnson Nancy Mann, Moss Construction Tom Sharp, PUD Committee City Administrator Carol Stoner, PUD Committee J. Brent McFall Staff Present Charlene Anderson Jim Hansen Jim Harris Fred Satterstrom Dan Stroh MOSS CONSTRUCTION - WATER AVAILABILITY RE COMPREHENSIVE PLAN DESIGNATION As a first step when applying to King County for a zoning action in an area serviced by City of Kent utilities, a party must obtain an availability certificate from the Engineering Department. The property in question is in the Horseshoe Acres portion "of South Kent on the east side of 79th Avenue (Rose Avenue) , north of 266th. Nancy Mann proposes to use an existing residence for an office and a storage yard for construction equipment and materials. The City of Kent Comprehensive Plan designates the area for multifamily; this is not consistent with the intended use. Gary Gill distributed copies of Ordinance #2767 , the third page of which conditions the provision of utility service upon consistency with the Comprehensive or Sub- area Plan. The applicant is requesting approval for deviation from that ordinance. Jim Hansen added that normally requests for deviation from the ordinance relate to differences in density rather than differences in land use as is the case now. A storage yard is classified "Industrial" whereas "Multifamily" is residential. In response to Mr. Harris, Ms. Mann stated the county has slated the area for "Light Manufacturing. " Nancy Mann of Moss Construction distributed pictures of the property in question and nearby land uses. She estimates that 60% of the land use in the area is light manufacturing and not residential. Ms. Mann added that none of the properties have requested a rezone from King County and they were hoping to be grandfathered upon any future annexation to Kent. Ms. Mann described the proposed use and stated it should not place an extra burden upon City facilities or roadways. She requested authorization to sign the sewer and water availability certificate. Ms. Mann asked if the land use would be grandfathered and what restrictions there would be related to that CITY COUNCIL PLANNING COMMITTEE MINUTES OF MEETING OF JULY 19 , 1988 should annexation to Kent occur and no authorization for sewer and water were obtained. Mr. Harris responded that the use would be grandfathered. He suggested the Planning Department take a look at the land use in that area because it appears many changes have occurred since the Valley Floor Plan was adopted in 1979 . In the meantime, the Council could agree to sewer and water availability. Discussion occurred on implications of that authorization for sewer and water availability. In response to Councilman Dowell, Ms. Mann stated the property is served now by City of Kent water. Gary Gill added that because of the impending rezone application, the applicant must obtain a City of Kent sewer and water availability certificate. Mr. Hansen stated the reason for bringing this issue to the Planning Committee was the need for the City to administer the ordinance versus the apparent conflict between the Comprehensive Plan and existing land uses. City Administrator McFall stated he believed it would be appropriate for the Committee to permit sewer and water availability, if they were of a mind to do so, and simultaneously to request that this section of the Valley Floor be reviewed for future land use. All the Committee would be doing, essentially, is to permit what already exists. In response to Councilman Dowell, Mr. Harris stated that granting this permit might provide an „ opportunity for conflict in the future but he stated that this was an unusual circumstance and it appears the whole neighborhood has drifted toward industrial land use. Councilman Johnson moved to grant the application for water and sewer service and at the same time to conduct a study of the Comprehensive Plan for that particular area. Councilman Dowell seconded the motion. Motion carried unanimously. This issue will be forwarded to the next City Council meeting under the Consent Calendar. PLANNING DEPARTMENT WORK PROGRAM - 20% MULTIFAMILY DENSITY REDUCTION Jim Harris stated there are two scenarios for addressing implementation of changes to the Housing Element of the Comprehensive Plan. He added that City - Attorney Driscoll has indicated that the Planning Commission can be allowed to hear changes to the Comprehensive Plan as well as the zoning implementation. Therefore, staff will be presenting only the best case scenario. Dan Stroh added that there has not been a determination on whether an Environmental Impact Statement will be required; if an EIS is required, it would require an additional six months. Mr. Harris outlined the time frame and projected hours for the work program and stated that staff is requesting one additional planner on a temporary basis for a one-year period. Jim Hansen stated that City Administrator - McFall had agreed to support a supplemental appropriation of approximately $30, 000 for the additional planner. He added that this request should not be confused with the one-half time person requested by staff for the 1989 budget year. 2 CITY COUNCIL PLANNING COMMITTEE MINUTES OF MEETING OF JULY 19, 1988 Dan Stroh pointed out the note at the bottom of the schedule, which note states that this twelve-month work program schedule is an optimistic view of the time required for the review and hearing process (one month each for environmental review, Planning Commission and City Council) . Chairwoman Woods stated that it was agreed at the onset of this work program development that the time frame for staff would be distinct from the timeline for the commission/council hearings, i.e. , staff would provide the required information but could not dictate the direction of the Planning Commission or City Council . Carol Stoner added it was conceivable the Planning Commission could meet more often on this issue. Jim Hansen added that staff has considered the time frame very carefully; the nature of the work and the types of hearing dictate what might seem to be a long period of time for this project. Chairwoman Woods agreed that a statement regarding the nature of the democratic process related to time would be appropriate when staff gives the presentation for this issue. Fred Satterstrom added that initially staff had considered a very simple work program. However, the City Council expanded the program considerably by requesting an in-depth study of three areas of the City. Because this program deals with zoning of people's property, it will be important to cover all bases and coordinate with the City Attorney' s office and the public. In response to Tom Sharp, Mr. Satterstrom indicated that in the interim the 20% reduction in density is in effect. New development will be subject to lower density. Discussion occurred on presenting both scenarios to the full Council. Councilman Dowell moved to recommend to the Council the work program as presented. Councilman Johnson seconded the motion. Motion carried unanimously. ADDED ITEMS PUD Fred Satterstrom stated the PUD Committee had completed its review of the PUD ordinance and the committee and staff have proposed a consensus ordinance. He asked that a meeting be scheduled to review the proposed ordinance. Chairwoman Woods stated she would not be available to meet in August and suggested that the proposed ordinance could be considered in her absence. In response to Councilman Dowell, Jim Harris stated the Planning Commission had recommended to the City Council a revised PUD ordinance. The Council had forwarded the issue to the Planning Committee; in turn, the Committee is now able to return a recommendation to the Council without requiring further hearings by the Planning Commission. Carol Stoner and Tom Sharp stated that the PUD Committee had reached a 3 CITY COUNCIL PLANNING COMMITTEE MINUTES OF MEETING OF JULY 19, 1988 consensus after having considered a lot of issues and concerns. Tom Sharp stated the PUD Committee attempted to limit the time and lower the cost for the PUD process. He added that if a developer could not work under the proposed PUD, the City should eliminate the process altogether. Councilman Johnson moved to accept the PUD ordinance as presented and forward it to the City Council. Councilman Dowell seconded the motion. Motion carried unanimously. The meeting adjourned at 5: 00 PM. - 4 OPERATIONS COMMITTEE MINUTES August 1 , 1988 COUNCIL MEMBERS PRESENT: Christi Houser Paul Mann Steve Dowell STAFF PRESENT: Brent McFall Tony McCarthy Mike Webby Tom Vetsch Neil Sullivan Alana McIalwain OTHERS PRESENT: Leona Orr, Citizen APPROVAL OF VOUCHERS All claims for the period ending July 31 , 1988, in the amount of $960,964.24 were approved for payment. The Committee though did ask for some additional information on the amount paid to the King County Health Department for health services at the Kent Correction Facility. That additional information will be provided to the Committee. SUMMARY FINANCIAL REPORT FOR JUNE 30, 1988 Finance Director McCarthy reviewed with the Committee the Summary Financial Report for June 30, 1988. The details of that report will be reviewed with the Council as a whole at their August 9 workshop. The information reviewed with the Committee showed that Kent's financial picture continues to maintain its healthy outlook with additional good signs for the future (building permit activity). In addition, it was noted that the Golf Course revenue is predicted to be about $76,000 more than budgeted. This amount is available for funding staff at the new Golf Course. STAFFING AT THE NEW GOLF COURSE Golf Course Manager Neil Sullivan reviewed with the Committee the current staffing level at the existing course. He noted that because of the 10-month work schedule, the complete staffing level will not be able to be maintained from September through January, during the time the turf at the new Golf Course must be continually maintained so that it grows properly for opening Operations Committee Minutes August 1 , 1988 Page 2 next June. To meet the staffing needs, the proposal is to hire an assistant grounds keeper and mechanic beginning in September for irrigation and mowing duties, and to provide for a secretary/bookkeeper to become permanent part-time in 1988 and full -time in 1989 to manage the cost of the course construction and eventually the course itself. The combined salaries of the these personnel for the remainder of 1988 will be $22,955 and will be financed from the additional revenues generated on the existing Par-3, Driving Range and Mini-Putt. Based on this information, these items were approved. It was noted that, though the amounts had not been included in the budget, they had been anticipated since the inception of the Golf Course project. As noted by Mr. Sullivan, the people are needed to ensure that the course will become operational in June of 1989. UPDATE ON THE PUBLIC PRIVATE BUILDING PROJECT City Administrator McFall noted that he had received eight (8) responses to his request for proposal to construct a building to which the City would be a major tenant. Following receipt of the responses, Brent, the Mayor, Norm Angelo, Barney Wilson, and Fred Satterstrom reviewed the responses to produce a short list of three firms. The firms: Sabey Corporation, Sound Ventures, and Canterbury Center will be interviewed later today in effort to select one firm for which negotiations can begin on the construction of a facility for City staffing uses plus other purposes. INITIATIVE REFERENDUM UPDATE City Administrator McFall noted that he and Assistant City Attorney Williamson had been continuing to develop additional information on the Initiative Referendum Process. He noted, to clarify a previous discussion, that a majority of the council could provide this power to the citizenry. With respect to determining what the process might cost, he noted that the only cost that can be definitely defined would be the cost of the election which, if combined with other elections, might be $10,000. Other costs associated Operations Committee Minutes August 1 , 1988 Page 3 with the process are not very well definable based on discussions with other cities. Additional information can be brought back to the Committee at their next meeting. RECIASSIFICAITON REQUEST Assistant City Administrator Webby distributed to the Committee a request to reclassify in the Public Works Department an Administrative Assistant II to Administrative Assistant III . This request has been reviewed with the Public Works Director and the City Administrator, and the classification appears to be consistent with that proposed in the Ewing classification study. The position will be parallel to a similar position in the Police Department. The total salary impact of the reclassification will be approximately $810 for the remainder of 1988, with the position moving from a 27D Range to a 32C Range. The Committee approved the request unanimously for inclusion on the consent calendar for August 16. 0066F-01F